HomeMy WebLinkAbout23 - Grant Agreement - Help CenterV 9 7 22
FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant
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CITY OF BOZEMAN GRANT AGREEMENT
Help Center Community Education & Outreach and Expansion Grant
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 Help Center, a non-profit organization located
at 421 E. Peach Street, Bozeman, MT 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, Help Center submitted a proposal to the City Commission for a grant of $100,000
for support of Community Education and Outreach efforts and funding to build new facilities
(the “Project”) 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 continuing to provide support to community
members experiencing mental health crisis in alignment with the City of Bozeman’s Strategic
Plan (3.2); and
WHEREAS, on July 11, 2023, the Commission appropriated $100,000 for the Project.
THE PARTIES AGREE:
1.The Grant. The City will grant and release to GRANTEE a sum of up to one hundred
thousand dollars ($100,000) from its General Fund (the “Grant”) pursuant to the payment
terms in Section 4.
2.Term of Grant. This Agreement becomes effective on the date of signing and shall
terminate on June 30, 2024.
3.Use of Grant Funds. Grant funds in the amount of up to one hundred thousand dollars
($100,000) will be used by GRANTEE to be divided as follows: twenty-five thousand
dollars ($25,000) to support their Community Education and Outreach efforts and
seventy-five thousand dollars ($75,000) for capital expansion, as described in the
proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A
and by this reference incorporated herein. Eligible expenses must be incurred during the
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term of this Agreement and service city of Bozeman residents. Eligible expenses must be
requested for reimbursement no later than July 20th following the expiration of this
Agreement.
4.Payment of Grant Funds
a.GRANTEE may request the Grant funds during the fiscal year ending June 30,
2024 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.Modifications to the scope of work or term of this Agreement must be submitted
as a written request by the GRANTEE. The City’s Director of Finance must
review and approve all requests prior to the expiration of this Agreement.
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
5 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.
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.
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c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project and that the will benefit City
of Bozeman citizens.
6. 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 will also provide to the City Commission a
formal presentation that includes detail regarding use of Grant funds. 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.
7. Purchase of Real Property. The purpose of this Grant is to assist GRANTEE in
providing necessary services to the community of Bozeman. To ensure any real property
purchased or improved upon with these Grant funds benefits the community of Bozeman,
the following restrictions apply. To the extent that Grant funds are used for the purchase
or improvement of real property, the City requires that GRANTEE retain such property
for a term of 10 years. Should GRANTEE sell any real property purchased or improved
upon with Grant funds within 10 years, GRANTEE agrees to repay Grant funds to the
City. Should it become necessary for GRANTEE to sell real property purchased or
improved upon with Grant funds, GRANTEE shall provide the City with notice within 24
hours of listing the real property for sale. Should the property sell, GRANTEE must
repay the City within 24 hours of closing. Any violation of this provision will be
considered a default by the GRANTEE under section 10 of this agreement, and subject to
any remedy available in law or equity.
8. 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.
9. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
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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.
10. 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.
11. 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
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
12. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be Director of Finance, 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.
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b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be ___________________ 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.
13. 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
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
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Christina Powell
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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
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.
14. 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,
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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.
15. Public Meetings and Access to Public Records
a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from
the City may be 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 must 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.
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16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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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23. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
24. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
25. 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
_______________________ Date: __________
Print name and Title:___________________________ GRANTEE Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
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Christina Powell
10/11/2023
CEO
10/11/2023
10/13/2023
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FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Exhibit A
Exhibit A
Grant Proposal
Grant Project Overview: Help Center, Inc. is comprised of 24/7 mental health crisis lines (including 988 & 211), the Sexual Assault Counseling Center, Hearts and Homes Family Resource Center, Gallatin County Child Advocacy Center, and Sacks Thrift. The organization has been supporting Bozeman and the Gallatin Valley for 52 years. Help
Center’s request for funding is for $25,000 to support the Community Education and
Outreach efforts and $75,000 for capital expansion.
City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $100,000. This grant must be used to support the Community
Education and Outreach efforts and capital expansion to address inadequate facilities at the
Peach Street location.
DocuSign Envelope ID: D5C3C436-57B0-4715-83CC-0150EF353FE6
From:Julie Hunter
To:Kaitlin Johnson; Melissa Hodnett
Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award HELP CENTER
Date:Monday, May 15, 2023 8:23:37 AM
Thank you,
From: City of Bozeman, MT <webadmin@bozeman.net>
Sent: Friday, May 12, 2023 2:59 PM
To: Julie Hunter <JHunter@BOZEMAN.NET>
Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Bozeman Non-profit Grant Award
Submission #:2431328
IP Address:174.45.100.94
Submission Date:05/12/2023 2:59
Survey Time:3 minutes, 5 seconds
You have a new online form submission.
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Read-Only Content
Entity Name
Help Center, Inc.
Entity's Physical Address
421 E. Peach Street
Bozeman, MT 59715
Number of Years of Operation as a Non-Profit Organization
52
Link to Most Recent Annual Financial Report
https://www.bozemanhelpcenter.org/uploads/4/6/3/7/4637709/2021-06-30_audited_financial_statements.pdf
FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Exhibit A
DocuSign Envelope ID: D5C3C436-57B0-4715-83CC-0150EF353FE6
Dollar Amount Requested for the Fiscal Year
$100,000
Description of the Funding Request in Relation to Commission Priorities and/or Citizen
Benefit
Help Center, Inc. is comprised of 24/7 mental health crisis lines (including 988 & 211), the Sexual Assault Counseling
Center, Hearts and Homes Family Resource Center, Gallatin County Child Advocacy Center, and Sacks Thrift. We’ve
been supporting Bozeman and the Gallatin Valley for 52 years. We’re requesting $25,000 in continued support of
our Community Education & Outreach efforts and $75,000 to build new and much needed facilities for our
organization. Through community education & outreach efforts in 2022, we provided 130 service hours and reached
1,644 people, all thanks to the City’s support. It is critical we invest in education for our community members who
are often turned to in a mental health crisis or a traumatic incident. Equipping community members to
compassionately respond and provide access to lifesaving resources is an investment to address mental health in
our community. The support and momentum to address inadequate facilities at our Peach St. location with capital
expansion, and raise program support for our growing programs, was made clear in a recently completed Campaign
Planning Study. We are in the quiet/leadership phase of fundraising for a new facility. Expanded space will allow us
to meet the needs of our ongoing and no-cost counseling services, increased privacy for walk-in crisis services, an
expanded call center, space for administrative staff, and training space. Our goal is to raise as much as $4 million in
capital expansion and $500,000 in program support by Dec. 2024. We’ve raised $590,000 in support to date. In
addition to directly serving our community, we reduce the burden on City & County services such as 911 and law
enforcement. Of the 5,121 calls from Gallatin County in 2022, we stabilized 78% without needing to use additional
community resources. Our crisis call center is also a core element of the Crisis Now Model. We are and will continue
to be seen as the first place to call in a mental health crisis.
Read-Only Content
Name #1
Gilhousen Family Foundation
Amount $
22,000
Name #2
Greater Gallatin United Way
Amount $
50,000
Name #3
AMB West Philanthropies
Amount #
$150,000
FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Exhibit A
DocuSign Envelope ID: D5C3C436-57B0-4715-83CC-0150EF353FE6
Read-Only Content
Full Name
Mandy St Aubyn
Phone
4065877511
Email Address
HCDevCo@bozemanhelpcenter.org
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Exhibit A
DocuSign Envelope ID: D5C3C436-57B0-4715-83CC-0150EF353FE6