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HomeMy WebLinkAbout42. Finding Freedom -Final AgreementDocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E Non-Profit COVID Relief Grant Agreement – Finding Freedom, Inc. Page 2 4. Payment of Grant Funds. The City agrees to disburse to GRANTEE Fifteen thousand dollars ($15,000) 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 DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E Non-Profit COVID Relief Grant Agreement – Finding Freedom, Inc. Page 3 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, DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E Non-Profit COVID Relief Grant Agreement – Finding Freedom, Inc. Page 4 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 Jennifer Hofer, Director of Operations 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. DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E Non-Profit COVID Relief Grant Agreement – Finding Freedom, Inc. Page 5 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 DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E Non-Profit COVID Relief Grant Agreement – Finding Freedom, Inc. Page 6 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, DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E Non-Profit COVID Relief Grant Agreement – Finding Freedom, Inc. Page 7 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 DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E Non-Profit COVID Relief Grant Agreement – Finding Freedom, Inc. Page 8 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. DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E 4/1/2021 4/1/2021 Non-Profit COVID Relief Grant Agreement –Finding Freedom, Inc. Exhibit A Exhibit A Grant Proposal DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E COVID Non‐Profit Grant Applications  Applicant Name: Finding Freedom, Inc.  Amount Requested: $ 47,500  Funding Awarded:  $ 15,000  General Category:  Behavioral Health  Detailed Description Submitted:  Please see the attached form. Also, please note that while we have  been a nonprofit organization for the last 2 years, we have been operating in the Gallatin Valley for  the last 11 years, since 2009, in partnership with Journey Church. Additionally, you will see on our  financial statements that we purchased a new office location for our organization this last year. We  received significant restricted donations for this purpose, which are evident in our Statement of  Activity.    Attachment:  True  Contact Info:  Jeni Hoferr 4065810545 jeni.hofer@findingfreedom.solutions  Entity Address:  2419 E. Cameron Bridge Rd N/A Bozeman MT 59718  Other Entities Funding has been Requested From: N/A N/A N/A   N/A N/A  Date Submitted:  12/22/2020 3:11:00 PM  Financial Information Submitted?  True  DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E • PO Box 10712 • Bozeman, MT 59719 • 406-570-7040 •
 • www.findingfreedom.solutions • Finding Freedom, Inc. is a local non-profit organiza7on with a mission to empower people to grow into greater emo7onal, spiritual, and rela7onal health. Finding Freedom provides trauma informed, wrap-around care and support for people in the Galla7n Valley. We help the people who come to us handle periods of crisis or bereavement, become free of fear and anxiety, manage emo7onal and behavioral health concerns, and improve their overall sense of wellbeing. Our programs are offered free of charge to anyone needing assistance. Consequently, we rely completely on individual dona7ons and grants to meet all of our programming, opera7onal, and staffing costs. Evidence shows that when a person experiences support and posi7ve transforma7ve change, oIen the effect of the change carries over to other situa7ons and individuals involved. Our programs have been shown to have this las7ng effect. We see it everyday in the outcomes that our par7cipants experience and in the tes7monies of those who have used our services. Our unique program provides a pathway for par7cipants to later become volunteers, and give back to others; our history shows that the majority of our par7cipants do become involved in this way. Addi7onally, every par7cipant that we offer support to, is beNer equipped to func7on suppor7vely within their own rela7onal networks. This creates a domino effect and becomes a catalyst for longterm resilience within our community. We wholeheartedly believe that our services reach far beyond the simple number of par7cipants that come to us. Please see our aNached brochure for tes7monials and more informa7on about Finding Freedom. In this unprecedented season marked by the Covid-19 pandemic, there is immediately an increased strain on the emo7onal and mental health of residents of Bozeman and the Galla7n Valley. Demand for our services has increased drama7cally since the pandemic began. We oIen work with people for some period of 7me, hence we have both a set of par7cipants with ongoing needs and a new set of par7cipants needing our care. While con7nuing to provide in person services, we have also transi7oned much of our programming to virtual plaUorms. This has made our programming more accessible to people in the Bozeman area, as well as further afield. However, it has also increased staff workload and service delivery costs. The strain on our volunteer team resources, due to the pandemic, has been severe. We are reliant on volunteers to offer direct support to our service users through a peer-to-peer approach and are finding that the pandemic has heavily impacted this process. There is an addi7onal burden to our staff workload that was previously alleviated by volunteers. Empowering people to grow with others into greater emotional, spiritual, and relational health. DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E • PO Box 10712 • Bozeman, MT 59719 • 406-570-7040 •
 • www.findingfreedom.solutions • We have an urgent need for an experienced program manager who can also provide addi7onal administra7ve support for our execu7ve leadership. If we were to be offered a grant, this new staff posi7on will relieve the administra7ve load from our current staff members and allow them to focus on service delivery and caring for our par7cipants. We believe this will func7on to improve both the quality and quan7ty of services we can provide. This new staff posi7on will also include the responsibility for crea7ng new volunteer teams, training those teams, and offering ongoing volunteer support. We believe this will increase the sustainability of our programs, provide improved long-term support for our service users, and give us capacity to con7nue growing and expanding. With addi7onal staff, we will be beNer prepared to evaluate and track the impact and outreach our services have, and be able to use this informa7on to further the success our organiza7on has experienced and magnify the posi7ve effect for the community. The provisions of these grant funds will accommodate the growth and addi7onal needs brought on by Covid-19. In doing so, the grant would be a conduit in crea7ng las7ng transforma7ve change for the emo7onal and behavioral health of our community, now and beyond the pandemic. Finding Freedom is reques7ng a grant in the amount of $47,500.00. If provided, we will use the grant in the following ways. *Payroll costs for new staff member - $40,000 *Computer, and equipment for new staff member - $5,000 *Cost for new programs and services, and evalua7on of those services - $2,500 Please accept our sincere apprecia7on in advance, for the careful considera7on of our needs and our applica7on. We are available for further informa7on, as needed. DocuSign Envelope ID: 591D0385-4D70-4996-AFE8-1EC214E74C2E