HomeMy WebLinkAbout43. Suffer Out Loud - Final Agreement
Non-Profit COVID Relief Grant Agreement – Suffer Out
Loud Page 1
NON-PROFIT COVID RELIEF GRANT AGREEMENT
Suffer Out Loud
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 Suffer Out Loud, a non-profit business
located at PO Box 6401, Bozeman, MT 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, Suffer Out Loud submitted an application for a Non-profit COVID Relief Grant and
was awarded a grant of $15,000 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 Fifteen thousand
dollars ($15,000) 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 Fifteen thousand dollars
($15,000) will be used by GRANTEE for the sole purpose of operational support for
programs that connect those at-risk of suicide with resources, and that increase public
awareness programs for suicide prevention, 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 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
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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 Cassie Jackson, Founder 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:
• 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,
color, religion, creed, political ideas, sex, age, marital status, national origin, actual or
perceived sexual orientation, gender identity, physical or mental disability.
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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
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
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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.
22. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
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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: __________
Cassie Jackson, Founder
GRANTEE
info@sufferoutloud.org
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
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Non-Profit COVID Relief Grant Agreement –Suffer Out
Loud Exhibit A
Exhibit A
Grant Proposal
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COVID Non‐Profit Grant Applications
Applicant Name: Suffer Out Loud
Amount Requested: $ 15,000
Funding Awarded: $ 15,000
General Category: Behavioral Health
Detailed Description Submitted: A detailed description of the Funding Request and a response to
these questions has been attached.
Attachment: True
Contact Info: Cassie Jackson 4062623702 info@sufferoutloud.org
Entity Address: PO Box 6401 N/A Bozeman MT 59718
Other Entities Funding has been Requested From: Individual Donations State Covid Relief Funds
NorthWestern Energy 18,924 $5,000 $1,000
Date Submitted: 12/21/2020 10:23:00 AM
Financial Information Submitted? True
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Detailed description of the Funding Request including description of operational and financial impacts of
the COVID-19 pandemic, and description of benefit of the grant to the citizens of Bozeman in meeting
immediate needs, as well as if the grant will have lasting impacts in our community beyond the pandemic.
Attach a form as necessary. The City may contact applicants for additional information, if needed.
Funding Request: Founder of Suffer Out Loud, Cassie Jackson lost her sister to suicide in 2008. She felt
very isolated in her grief. As she continued along the path of grief, she realized how many people are
affected by mental illness or have lost a loved one to suicide. A big problem communities face,
particularly in Montana, is that people are afraid to talk about suicide and mental health. There is such a
strong stigma surrounding these topics that is difficult to break through. Cassie strongly believes that
starting this difficult conversation around mental health will save lives.
Suffer Out Loud was established in Bozeman, MT in March of 2017 with a mission of reducing the
suicide rate in Montana by changing the stigma associated with mental illness and creating a community
for people to connect with resources and each other. While the 6 highly engaged board members that
make up the Suffer Out Loud team are rich with experience and passion, we are not mental health
professionals, we choose to partner with mental health professionals to offer some of our services.
The main overarching goal is to connect people to credible resources that address mental health issues and
illnesses while helping them realize they are not alone. It is scary to reach out for help when you are in a
crisis situation, such as considering suicide, and Suffer Out Loud aims to provide a supportive community
for individuals when there is seemingly nowhere else to turn.
Suffer Out Loud creates a positive community that believes in a better tomorrow. We reach the city of
Bozeman and surrounding areas through:
●Mental Healthcare Scholarships (scholarships that cover 12 sessions with a licensed, Montana
based counselor free of charge for at-risk individuals in need that cannot afford such services
without our financial assistance)
●Engaging and Informative Resource Distribution (informational postcards and brochures shared
with individuals, businesses, schools, and organizations with information on valuable mental health
resources available in Montana, including SOLs program info)
●Free Workshops that are appropriate and welcoming to both adults and children (art therapy, animal
therapy, socially distanced get togethers) that create that needed sense of community and space as
well as valuable information sharing.
●Well Engaged Social Media (Instagram & Facebook) that is highly interactive with its followers
●Supportive and continually updated Website and Blog
●Sponsored Events that promote education and awareness about mental health and suicide (We hold
a campaign to support Run for Your Life 5K and Kids’ Run, raising additional proceeds to benefit
the Help Center)
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●Sales of highly sought after Suffer Out Loud Retail/Gear (shirts, hats, stickers, patches and more,
that spread awareness and initiate important discussions around mental health. A portion of the
proceeds are donated to the local suicide hotline operated through The Help Center)
After a series of cuts for mental health services in 2017, SOL aims to provide support to individuals that
are not able to access counseling due to financial reasons. We are targeting any at-risk of suicide
individual who is on a waitlist for these detrimental and life-saving services because of affordability. We
work closely with Montana based therapists to ensure that services provided are in line with our mission
and goals. Our funding request is for $15,000 towards our general operating expenses and our Mental
Healthcare Scholarships to directly benefit the citizens of Bozeman, MT.
Description of the operational and financial impacts of the COVID-19 pandemic:
COVID-19 has limited our possibilities when it comes to the in-person services that we offer as well as
our fundraising options this year. Our free workshops and sponsored events have been either postponed,
cancelled or greatly reduced in the number of people that can attend. We are unable to host large
gatherings that would bring in individual donations and the majority of grant funders are overwhelmed
with grant applications from nonprofit organizations in need. Give Big which brings in the largest
amount of unrestricted funds was impacted by the inability to have donation stations set up across
Gallatin County to solicit donations.
Description of benefit of the grant to the citizens of Bozeman in meeting immediate needs:
Mental health is at the forefront of everyone’s mind as we focus more on social distancing to keep
ourselves COVID free. Yet, we are social beings, and interaction with others is detrimental to our mental
health. People are sharing that they feel alone, scared, and unsure of the future. We are here to create a
sense of community for all, where we can come together and discuss our mental health without judgement
and reach out for help. We connect those at-risk of suicide with the resources that they need in order
to feel secure and supported. Our Mental Healthcare Scholarships open up quarterly for
individuals to apply to. Each scholarship recipient receives 12 counseling sessions free of charge
with the counselor of their choice. We pay the licensed counselors directly for their services with the at-
risk individuals.
According to an article in the Bozeman Daily Chronicle on September 20, 2020, “Mental health officials
across Gallatin County said they’ve also seen a rise in needs for services amid the coronavirus pandemic.
Mandy St. Aubyn, development and communications coordinator for Help Center 211, said the call center
typically sees people calling about suicide, depression and anger or fear. She said the majority of the calls
have been about suicide, depression and worries surrounding COVID-19. So far this year (as of 9/2020),
the hotline has received 7,266 calls for help, which is a 49% increase from calls at this time in 2019.
Michael Foust, director of the Western Montana Mental Health Center, said we’re likely seeing the “tip of
the iceberg” of what mental health issues are coming.
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“I don’t want to paint a grim picture,” Foust said. “It’s the realism of a pandemic. It’s just what happens
in a pandemic or any kind of disaster.” Federal unemployment benefits have run out. Alcohol sales, in a
state that Foust said is already deemed the “booziest,” have increased. Kids are going back to school
where reports of abuse and neglect are typically made. “I still think we have a long ways to go,” he said.”
There is so much evidence that we need to be providing mental health services, connections to resources,
and emotional support for Bozeman residents immediately. COVID-19 has caused a lot of uncertainty and
we aim to provide resources to individuals that are at-risk for death by suicide now and moving forward.
What lasting impacts in our community beyond the pandemic will this grant have?
According to the Montana DPHHS Suicide Prevention Strategic Plan, Montana consistently has one of
the highest suicide rates in the country with an age-adjusted suicide rate of 25.9 per 100,000 in 2016
compared to only 13.5 per 100,000 in the US. Men are almost 3 ½ times more likely to die by suicide
than women in Montana and individuals with lower educational attainment, American Indians, adults
who are divorced and individuals aged 25-54 are also at increased risk for suicide in our state.2 Substance
use is also a risk factor for suicide. Montana adults report some of the highest rates of alcohol misuse in
the US and alcohol is detected in over 40% of the suicide deaths with a toxicology screen in our state.3
In addition to the hundreds of suicide-related deaths, thousands of Montanans attempt suicide annually.
One in 10 Montana high school students and one in seven middle school students report attempting
suicide in the last year. American Indian students are at even greater risk, with 23% reporting attempting
suicide in the last 12 months.4
There are more than 1,400 emergency department visits annually for intentional self-harm in Montana
with women about twice as likely as men to be admitted to the emergency room with a suicide attempt.5
Unfortunately, suicide is a growing problem in our state and in Bozeman. The number of emergency
department visits for intentional self-harm increased 40% from 2012- 2014 to 2016-2017 and the overall
suicide rate in Montana rose 38% from 1999 to 2016.6
As a pressing public health issue impacting thousands of families in our state every year, it is imperative
that Montana develop a comprehensive, coordinated suicide prevention infrastructure that engages state,
local and tribal partners. The following plan outlines key strategies that Montana should focus on to
reduce the suicide rate in Montana and ultimately save lives under the Big Sky.
MT DPHHS Suicide Prevention has 3 goals for reducing the number of completed suicides (an average
of 250 deaths/year as of 2019) to zero in the Big Sky Country. The goals are:
1. Coordinate a statewide, data-driven suicide prevention effort that empowers local communities;
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2.Improve access to timely and effective behavioral health services, including clinical, treatment
and recovery support; and,
3.Increase public awareness and reduce stigma associated with mental health issues and/or suicidal
ideation.
Suffer Out Loud is prepared to support MT DPHHS in reaching their goals, particularly in goals 2 and 3
that would result in improved access to needed therapy or services, increasing public awareness and
reducing the stigma associated with mental health issues and/or suicidal ideation. This grant has the
potential to have a lasting impact on all of the Bozeman citizens that we reach through each of our
services and particularly those that are benefiting from the Mental Healthcare Scholarships.
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