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HomeMy WebLinkAbout22- Grant Agreement - Suffer Out Loud - Mental Health Care ScholarshipV 9 7 22 FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 1 CITY OF BOZEMAN GRANT AGREEMENT Suffer Out Loud Mental Health Care Scholarship THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and Suffer Out Loud, a non-profit organization located at 1303 Wildflower Way, Bozeman, Montana 59715 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, Suffer Our Loud submitted a proposal to the City Commission for a grant of $30,000.00 to fund the Mental Health Care Scholarship in the amount of $15,000.00 and general operating costs in the amount of $15,000.00 that would benefit from the City funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community by supporting services provided by a non-profit organization to those at-risk of suicide in accordance with the City of Bozeman’s Strategic Plan (3.2) to strengthen community service networks; and WHEREAS, on June 28, 2022, the Commission appropriated $15,000.00 to fund the Mental Health Care Scholarship (the “Project”). THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to fifteen thousand dollars ($15,000.00) 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 ($15,000.00) will be used by GRANTEE for the sole purpose of funding the Mental Health Care Scholarship as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA 4 22October V 9 7 22 FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 2 3. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2023 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. Unless otherwise approved by the Director of Finance, any funds from the Grant not awarded during the fiscal year ending June 30, 2023 will remain in the City’s General Fund and will be available for other appropriation. c. The City will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 4. 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 Project. 5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA V 9 7 22 FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 3 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. 6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 7. 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. 8. 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 for the Project. 9. 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, 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 DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA V 9 7 22 FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 4 circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 10. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other individual as City may designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations will 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 be Cassie Jackson or such other individual as GRANTEE designates in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication must 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. 11. 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. 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 DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA V 9 7 22 FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 5 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 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 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 DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA V 9 7 22 FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 6 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. 12. Nondiscrimination, 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. In addition, 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 GRANTEE has been found liable for or guilty of within 30 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 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. 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. DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA V 9 7 22 FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 7 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. 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. 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. 21. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 22. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Jeff Mihelich, City Manager City of Bozeman DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA 10/6/2022 V 9 7 22 FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 8 _______________________ Date: __________ Print name and Title:___________________________ GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA Cassie Jackson 10/5/2022 Founder 10/18/2022 V 9 7 22 FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Exhibit A Exhibit A Grant Proposal Grant Project Overview: Suffer Out Loud is committed to reducing Montana’s suicide rate and shifting the stigma around mental health. Suffer Out Loud’s funding request for $30,000 is to use towards its Mental Health Care Scholarship. These funds will also go towards general operating expenses. City Commission Award: On June 28, 2022, the Bozeman City Commission approved the grant award in the amount of $15,000.00. This grant award must be used solely for the purpose of funding the Mental Health Care Scholarship. Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023). DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA 1. Entity Name Suffer Out Loud 2. Entity's Physical Address Street Address 1303 Wildflower Way Unit # Not answered City Bozeman Postal/Zip Code 59715 State Montana 3. Number of Years of Operation as a Non-Profit Organization 5 4. Link to Most Recent Annual Financial Report https://drive.google.com/file/d/1-k6fpR8uJRIQhpTsoMx7L_sTE_8brwYi/view?usp=sharing 5. Dollar Amount Requested for the Fiscal Year $30,000 6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit Suffer Out Loud is a nonprofit organization based in Bozeman and is committed to reducing Montana suicide rate and shifting the stigma around mental health, one conversation—and one life—at a time. For the past 30 years, Montana has had one of the highest suicide rates in the nation. Several factors are believed to contribute to this, including social isolation, lack of behavioral health services, and a persistent stigma surrounding mental illness. Cassie Jackson, who lost her sister to suicide in 2008, founded Suffer Out Loud in 2017 to address all three of these factors. Our programs are designed to connect Montanans with credible behavioral health resources, to make mental healthcare available to those who cannot afford it, and to create a community in which mental health struggles are discussed honestly, openly, and without judgment. Suffer Out Loud’s core initiative is our Counseling Scholarship Program. Through this program, we offer scholarships that cover 12 sessions with a licensed mental health professional free of charge for at-risk individuals who cannot afford such services without our financial assistance. Since our inception in 2017, Suffer Out Loud has granted Counseling Scholarships to over 30 individuals. With the increase in need for mental health services as a result of Covid-19, we are aiming to provide at least 20 additional scholarships by the end of 2022. Applications are open to the general public, and we often receive referrals from providers whose clients are struggling to pay for their services. Scholarships are provided on a rolling and as-needed basis. Suffer Out Loud also reaches the community through: (1) resource distribution, including postcards and brochures with information on mental health resources that are distributed to individuals, businesses, schools, and other organizations around the Gallatin Valley; (2) free workshops that are welcoming to both adults and children, such as art therapy, animal therapy, and socially distanced get-togethers in Bozeman; (3) well-engaged social media accounts on Instagram and Facebook; (4) an interactive and continually updated website and blog that features personal and inspiring stories about mental illness; and (5) supporting sponsored events that promote education and awareness about mental health and suicide, such as the Run for Your Life 5K and Kids’ Run, proceeds from which benefit the Bozeman suicide hotline operated through the Help Center. Suffer Out Loud is requesting $15,000 in funding for use towards our high demand Mental Health Care Scholarship. The majority of our beneficiaries are located in Bozeman and we are happy to utilize the funding from this grant for scholarships to Bozeman citizens. We are also requesting $15,000 towards general operating expenses that includes, but is not limited to: staff and contractor expenses, workshop expenses, and printing and mailing of resources. Your support would allow us to better serve the Bozeman community and extend our support and services to those at-risk of suicide. Our services and mission aligns with Bozeman’s Strategic Plan in many ways. One of the areas that Suffer out Loud aligns with DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA your goal “1.4 Business and Institutional Partnerships - Explore opportunities for partnerships with key business groups and non-profit organizations” is because we are a non-profit organization that works to reduce the suicide and stigma associatted with mental illness in the Bozeman area. We will promote a healthier living environment for all that reside here. Next, we are deeply aligned with your goal to “3.2 a) Strengthen Community Service Networks. Hire an employee to coordinate and strengthen existing community networks for those with mental health, substance abuse and addiction, and housing challenges.”. Our mission is to reduce the stigma associated with mental health and reduce suicides in Montana. We would be happy to work with the City of Bozeman to strengthen existing community networks so we can reduce the risk of suicide in Bozeman. We fully believe that when your comprehensive strategy is developed it will include ways to partner with Suffer Out Loud to support mental health improvements in Bozeman. We appreciate your support of local nonprofits through this grant. Thank you for your time! 7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three) #1 Name MJ Murdock Charitable Trust Amount $ 120,500 #2 Name City of Bozeman Covid Relief Funds Amount $ 15,000 #3 Name NorthWestern Energy Amount $ 1,500 8. Contact Information for Entity First Name Cassie Last Name Jackson Phone Number (406) 262-3702 Email Address info@sufferoutloud.org DocuSign Envelope ID: 93C80F2B-3ABF-43B2-AFFC-397A66AB79BA