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HomeMy WebLinkAbout20- Memorandum of Understanding - Greater Gallatin United Way kidsLINK - Intent to Provide Child Care Due to COVID-19 Pandemic MEMORANDUM OF UNDERSTANDING Greater Gallatin Unit Way kidsLINK and the City of Bozeman Use of City of Bozeman facilities temporarily closed due to the COVID-19 pandemic for the purpose of providing child care first responders and essential personnel This Memorandum of Understanding (MOU) is made and entered into on this 20th day of March, 2020, by and between Greater Gallatin United Way kidsLINK ("GGUW") and the City of Bozeman,Montana a municipal corporation organized and existing under its Charter and the laws of the State of Montana ("City"). Collectively GGUW and the City are referred to herein as the "parties". GGUW and the City agree as follows: 1. Purpose. The purpose of this MOU is to memorialize the parties' intent to cooperate to provide child care facilities to children, school age K-81h, of first responders and essential personnel while schools are closed due to the COVID-19 pandemic. The parties recognize the significant need for child care during this time to ensure first responders and essential personnel from multiple agencies around the region can continue to fulfill essential health and safety needs of the community. The parties further recognize the City has multiple facilities that are considered safe,reliable,and appropriate to fulfill the emergent child care facility need. These locations are currently closed to the public temporarily, making their short term use for this purpose efficient and productive. 2. Use of City property authorized/term. Subject to the provisions herein,the City authorizes GGUW to use space within the Bozeman Public Library, the Story Mill Community Center, Lindley Park Center and/or Beall Park Center(the "City Facilities") as needed for child care facilities and related activities for a period of time beginning March 23, 2020 until expiration of the Declaration of Emergency Resolution No. 5159 or rescinding of the public school closure, whichever comes first. GGUW's use of the City Facilities will initially be limited to the Bozeman Public Library,the Story Mill Community Center, and the Lindley Park Center. Recognizing the fluid and uncharted nature of this pandemic,this MOU further authorizes the use of the Beall Park Center should the need arise for additional space in accordance with guidance provided by the Gallatin City-County Health Department. GGUW's permitted use within each facility will be determined by the City Manager in consultation with applicable the department directors.Any rules,conditions of use or specific requests made by the City in writing to GGUW regarding the use of City Facilities are incorporated herein by reference. This MOU may be terminated or extended at any time by the City Manager. i 1 l 3. Child care program. GGUW shall be solely responsible for providing child care. GGUW will comply with all laws, including all licensing and permit requirements, applicable to the provision of child care as described in GGUW's plan [Exhibit A]. 4. No license or property interest. This agreement does not create a license, lease, or other property interest in the City Facilities or related facilities used. This agreement is intended as limited permission for the purposes describe above and any permission to use the City Facilities is revocable at any time. 5. Occupancy Limits. GGUW must ensure the maximum occupancy limit of each space within City Facilities utilized does not exceed that which has been designated and posted by the Bozeman Fire Marshall. Further, GGUW must ensure participant enrollment does not exceed twenty-four (24) children (or such other number as directed by the County Health Officer) in any City Facility,without the County Health Officer's prior approval in writing. 6. Occupancy Time and Duration:Use Areas. GGUW may use City Facilities during the term and during the time from 7:OOam to 6:OOpm Monday through Friday. There will be no after-hours access to City Facilities. Specifically within the Bozeman Public Library, GGUW may use the large and small community rooms,lobby area and adjacent restrooms. Specifically within the Story Mill Community Center, GGUW may use the two (2) large community rooms. Access to the Story Mill Community Center gym will be at the discretion and direction of the Department Director. This MOU does not grant any right to exclusive occupancy for any City Facility, but rather GGUW understands the City may continue to use portions of each facility during the term and time. Should City Facilities reopen to the public prior to the termination of this agreement,GGUW shall work with the Department Directors in consultation with the City Manager to modify GGUW's use if necessary. 7. Authorization to Use City Equipment/Internet/Changes. The City may allow GGUW use of certain equipment located at the City Facilities as determined by the department director. GGUW may use the City's publicly available internet. The City will not allow any alteration or adjustments to fixtures within the City Facilities. 8. No bailment of GGUW Property. GGUW may bring in personal property for use by staff and children as long as such property is mobile. GGUW recognizes the City in no way acts as a bailee for GGUW regarding the GGUW's personal property located at the City Facilities. Such personal property must be removed from the City Facilities within 10 days after the termination of this MOU. 2 9. Property Damage. GGUW shall be responsible for any damage to the City Facilities and property beyond normal wear and tear and must promptly notify, repair or replace such property at the discretion of the City. 10. Representatives. a. City's Representative. The City's Representative for the purpose of this Agreement shall be Dennis Taylor,Interim City Manager,or his successor or designee. 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, GGUW may direct its communication or submission to other City persomnel or agents and may receive approvals or authorization from such persons. b. GGUW's Representative. GGUW's Representative for the purpose of this Agreement shall be Danica Jamison, President and CEO of GGUW. Whenever direction to or communication with GGUW is required by this Agreement, such direction or communication shall be directed to GGUW's Representative;provided, however,that in exigent circumstances when the GGUW's Representative is not available, City may direct its direction or communication to other designated GGUW personnel or agents and may receive approvals or authorization from such persons. 11. Nondiscrimination. GGUW shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts.GGUW shall 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, in performance of its acts and obligations under this Agreement because in violation of any applicable state or federal anti-discrimination law. 12.Limit on GGU's Damages/Time for AssertingClaim. In the event of a claim for damages by GGUW under this Agreement, GGUW 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. In the event GGUW wants to assert a claim for damages of any kind or nature, GGUW shall 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 3 thirty(30)days of the facts and circumstances giving rise to the claim. In the event GGUW fails to provide such notice, GGUW shall waive all rights to assert such claim. 13. Indemnification.As a condition for use of the City Facilities, GGUW agrees to indemnify, save and hold harmless the City of Bozeman, its employees, representatives, and agents from any and all claims, liabilities, demands, lawsuits, allegations, judgments, and all forms including attorney fees and recoverable costs, (singularly or collectively `claims') including claims for bodily, emotional, and personal injury, property damage or loss, brought or made against it, arising out of, relating to, caused by, or resulting from GGUW use of the City Facilities. 14. Insurance. In addition to and independent from the requirements of Section 13, GGUW shall at its 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 GGUW in Section 13 and may not contain any exclusion for liabilities specifically assumed by GGUW in Section 13. 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 due to the negligence of GGUW and which is acceptable to the City and Contractor 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; and Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty(60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)business days of GGUW's receipt of notice that any required insurance coverage will be terminated or the GGUW's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to GGUW occupying City Facilities. 4 15. Miscellaneous. a. Dispute Resolution. 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. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. b. Survival. GGUW's indemnification obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. c. Headings. The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular sections to which they refer. d. Waiver. A waiver by the City of any default or breach by GGUW of any covenants, terms, or conditions of this Agreement does not limit City's right to enforce such covenants, terms, or conditions or to pursue the City's rights in the event of any subsequent default or breach. e. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. £ Applicable Law. The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. g. Binding Effect. This Agreement is binding upon the parties. h. Amendments. This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. i. No Third-Party Beneficiary. This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. j. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. k. Authority. Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 1. Integration.tion. This Agreement shall constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either 5 verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. ****End of Agreement Except for Signatures*** 6 .y Dated this 2.0 day of March,2020. ��Ah GL Denni Taylor Danica Jamison Interim City Manager President and CEO City of Bozeman Great Gallatin United Way 7 Greater Gallatin Im United Way ' Exhibit A w Upon Governor Steve Bullock's mandate on 3/15/2020 to close schools in light of the COVID-19 pandemic, the SWMT COAD (Southwest Montana Community Organizations Active in Disaster) Childcare Subcommittee was activated to respond to the childcare challenges facing essential personnel due to school & business closures. Within 5 days, Greater Gallatin United Way's kidsLINK Program (GGUW kQ, Child Care Connections (CCC), Gallatin Valley YMCA and other agencies are coordinating through SWMT COAD to provide emergency childcare for 0-5 year old children (CCC) and K-8th graders (GGUW kQ. Presented in this exhibit is an outline of the kidsLINK programming that will be offered in City of Bozeman facilities. Giving the rapidly changing nature of this pandemic, many aspects of the program structure outlined below are likely to change. To keep children, their families, and program staff safe and healthy, GGUW kidsLINK emergency childcare program-design and staff are being guided by: Gallatin City-County Health Department, Bozeman Health Pediatrics Clinic, YMCA National, CDC recommendations and other trusted advisors. Ages: GGUW kidsLINK is planning to serve K-8th grade students depending on needs of essential personnel. Child Care Connections is arranging childcare for 0-5 year olds and information about CCC programming is NOT included in this Exhibit. Total #of Childcare Slots/Children per Site: No more than 24 children per facility. Initial goal is to offer programming at 3 sites in Belgrade and Bozeman area for a total of 72 children served. Locations: o We are planning to offer 1 program in the Belgrade area -YMCA or Commons for week one starting on 3/23/20 and then at Heck Elementary School starting on 3/30/20 per approval from Superintendent Godfrey Saunders and the BSD44 School Board at their meeting on 3/17/20. o We are planning to offer 2 programs in Bozeman. The locations for childcare programming may include—City of Bozeman Public Library, City of Bozeman Story Mill Park Center, City of Bozeman Lindley Center, City of Bozeman Beall Park Center (less likely), Hope Lutheran Church, or other sites as determined by facility availability, program need, staff capacity and other factors. Size: Gallatin City-County Health Officer Matt Kelley wants to keep program sizes small — less than 25 children per physical site. (Per conversation at 9:30am on 3/16/20.) GGUW kL will minimize contact and interaction between children by assigning children to classrooms of no more than eight students and 1-2 teachers per classroom. Each facility/physical site location will host a maximum of 24 students. Days/Times: The facilities will be used Monday through Friday from 7:OOam to 6:OOpm. The childcare program times may be more limited (e.g. 7:30am-5:30pm). There is the possibility essential personnel will need childcare on the weekends, as well. Staffing Structure: Karen DeCotis, GGUW kidsLINK Program Director is securing staff from the pool of kidsLINK staff and area school paraprofessionals and teachers. All staff members are current employees with either Belgrade or Bozeman school districts with appropriate background checks and familiarity with school policy and procedures. Example - Draft staffing plan for sites with three classrooms per facility: o Morning Shift: 1 Program Coordinator per site + 3 Classroom Staff per site (4 total for 24 children in 3 classrooms) o Afternoon Shift: 1 Program Coordinator per site + 3 Classroom Staff per site (4 total " ") o Overlap of 1-2 hours during shift transition for the 2 Program Coordinators at each site. o This equals 8 staff per site for sites with 3 classrooms. o For 3 kidsLINK K-81h grade sites that would be 24 total staff. o Also possibly need custodial and meal prep staff. Programming/Schedule/Routines/Activities/Meals/Snacks/First Aid Readiness: GGUW will provide and oversee—programming partnerships welcome. School districts will provide breakfast/lunch/snacks through their meals distribution programs. Pro Care Software: GGUW kidsLINK uses Pro Care to register, enroll, track attendance for students and run billing, accept payment from parents and/or from employers/agency sponsors. Staff Training: Staff training for kidsLINK staff will be provided initially and throughout the program to organize the staff, prepare, and support them. This training will include emotional support and trauma sensitivity training to support staff for their own wellbeing as well as to support staff working with children whose experiences may be affected by changes brought about by the COVID-19 pandemic. Health & Safety re COVID-19: A healthcare provider will provide guidance on how to train staff on measures such as taking accurate temperatures, how often, signs to look for, what to do when a child becomes sick, quarantine practices, etc. A healthcare provider will also provide guidance on questions we should ask parents every morning when they drop off their children. (e.g. Is anyone in your household sick within the last 24 hours, etc.). Bozeman Health is providing thermometers for each classroom. Separate room(s) for quarantine will be set up appropriately for any children who show symptoms of being ill until their parent can pick them up. Staff will be trained to pay special attention to possible transmission issues regarding shared spaces such as bathrooms, hallways, playground equipment. Eligible Agencies: Matt Kelley and COAD leadership (Patrick Lonergan and Kevin Larsen) identified the prioritization of childcare services for only essential personnel such as emergency first responders (law enforcement, fire, etc.), healthcare providers (doctors, nurses, etc.) and other critical, essential services. The definition of essential services is subject to change. We aim to initially serve essential personnel from only the following entities if they need it but this is subject to change as well: o City of Belgrade o City of Bozeman o Gallatin County o Community Health Partners o Bozeman Health o Belgrade School District o Bozeman School District Eligible Employees: Agencies are required to submit their lists of eligible essential personnel to Kevin Larsen, Operations Manager Gallatin County Emergency Management who will distribute the lists to emergency childcare providers. For more information about GGUW kidsLINK emergency childcare programs, contact: Danica Jamison, President/CEO Greater Gallatin United Way 406.451.1343 (cell) or 406.587.2194 (office) danica(a--)Qreatergallatinunitedway.org Karen DeCotis, kidsLINK Program Director Greater Gallatin United Way 406.600.0918 (cell) or 406.587.2194 (office) karen(a)-greatergallatinunitedway.org About Greater Gallatin United Way Greater Gallatin United Way's mission is to mobilize the caring power of our communities. We empower donors, volunteers, businesses, governments, nonprofits, and community groups to invest in neighbors and improve quality of life for everyone in Gallatin, Madison, Meagher and Park Counties. Working together, we identify the community's most critical needs and implement collaborative, innovative solutions. Learn more at www.greatergallatiunitedway.orq. GREAGAL-01 DYOUNG TE CERTIFICATE OF LIABILITY INSURANCE FDA3iZo/2020(MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Cincinnati Insurance Company Cincinnati Customer Care Center (A/�NNo,Ext):(877)687-1291 (a/c,No):(513)881-8114 P.O.Box 145496 nooRLEss:CincinnatiCerts@cinfin.com Cincinnati,OH 45250-5496 INSURER S AFFORDING COVERAGE NAIC q INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B: Greater Gallatin United Way INSURER C: 945 TECHNOLOGY BLVD STE 101F INSURERD: BOZEMAN,MT 59718-6859 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LT TYPE OF INSURANCE p D POLICY NUMBER DDIMMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ Z,000,OOO CLAIMS-MADE F_X]OCCUR ECP 0274698 9/8/2019 9/8/2022 DAMAGETORENTED 2,000,000 PREMISES Ea occurre ce $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X PRO LOG PRODUCTS-COMP/OP AGG $ 41000,000 POLICY�X JECT OTHER: I $ A COMNED SINGLE LIMIT 2,000,000 AUTOMOBILE LIABILITY Ea accBIident $ ANY AUTO ECP0274698 9/8/2019 9/8/2022 BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PR Or acc"gIDAMAGE $ AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION 5 WORKERS COMPENSATION STATUTE EERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 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