HomeMy WebLinkAbout23- MOU - American Jobs for America's Youth Montana MOU AJAY MT & City of Bozeman – SJP 2023, page 1
Memorandum of Understanding
between
American Jobs for America’s Youth Montana
and
City of Bozeman
This memorandum of understanding (MOU) outlines the terms and understanding between American
Jobs for America’s Youth Montana (“AJAY MT”), with a business address of P.O. Box 923, Helena MT
59624, and the City of Bozeman (“City”), with a business address of 121 N. Rouse Ave., Bozeman, MT
59715, collectively referred to as “Parties”, in order to implement the Summer Jobs Program in the
Bozeman area in 2023.
WHEREAS, the City and AJAY MT wish to establish a working relationship for the purpose of
fostering economic development within Bozeman; and
WHEREAS, the City and AJAY MT mutually value fostering life and work skills for youth by
collaborating with schools, community partners, and local businesses; and
WHEREAS, the City and AJAY MT mutually recognize that young Montanans deserve to have
access to meaningful work and professional support; and
WHEREAS, the City and AJAY MT mutually understand that secure employment is linked to
housing stability and mental health; and
WHEREAS, this collaboration supports Bozeman Strategic Plan 1.0, An Engaged Community,
2.3 Workforce Development, and 5.3, Partnerships for Education and Learning.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. Purpose and Scope
The Summer Jobs Program (SJP) is a project created by AJAY MT and implemented in five regions in
partnership with over 16 organizations. AJAY MT has successfully implemented SJP in Helena for four
years. In 2022, AJAY MT expanded its programming to other Montana communities. As part of its
expansion, AJAY MT now seeks to provide SJP in Bozeman.
The City focuses on improving employment prospects of Bozeman youth and supporting a thriving
business community in Bozeman. The local relationships fostered by City and other community
representatives on the local SJP committee will be essential for running an effective program in the
region, while AJAY MT brings program experience to the partnership.
Through this partnership, Bozeman youth and employers can participate in and benefit from SJP. The
program will help area high school youth build work skills, gain job experience, and learn about career
options. At the same time, SJP will connect youth with employers, engage local adults as mentors, and
grow the local workforce.
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MOU AJAY MT & City of Bozeman – SJP 2023, page 2
The City, with the support of AJAY MT, will strive to serve at least five (5) area youth through SJP,
matching them with local mentors and employers.
The program effectiveness will be evaluated via mid-summer and end-of-summer evaluations completed
by participating students, mentors, and employers.
2. Parties’ Roles and Tasks.
A draft timeline for administration and implementation of the program is on page 7.
A. The City will:
● Convene the SJP planning committee;
● Organize and facilitate weekly or biweekly SJP committee meetings January through May;
● Provide AJAY MT with partner logos and community-specific information for website;
● Aim to recruit a minimum of five (5) students, job placements, and mentors;
● Coordinate and administer student interviews;
● Help AJAY MT coordinate work skills training for students;
● Provide funding for student stipends upon students completing work skills training;
● Assist AJAY MT in matching Bozeman's students, employers, and mentors;
● Support AJAY MT in facilitating the mentor orientation;
● Host 2 casual events for students, mentors, employers, and community supporters: a summer
kick-off and an end-of-program celebration;
● Address issues that arise among students, mentors, or employers during program;
● Support the distribution of mid-summer and end-of-summer evaluations; and
● Print and distribute end-of-summer certificates for Bozeman employers, mentors, and students.
B. AJAY MT will:
● Provide guidance and all necessary program materials for SJP implementation;
● Attend the Bozeman SJP committee meetings remotely;
● Create and collect student, employer, and mentor applications;
● Share all application and evaluation responses with the SJP committee;
● Complete and verify the criminal background check of all youth applicants and employer-
participants;
● Support student, employer, and mentor matching processes;
● Conduct and pay for mentor background checks;
● Provide student work skills training in conjunction with Gallatin College;
● Provide employer orientation and/or direction and support for local delivery of orientation;
● Provide remote mentor orientation and/or direction and support for local delivery of mentor
training;
● Create and collect student, employer, and mentor evaluations;
● Provide end-of-summer certificates;
● Maintain SJP website with most up-to-date information from Bozeman;
● Facilitate program debrief with Bozeman SJP committee; and
● Maintain SJP website with most up-to-date information from Bozeman.
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MOU AJAY MT & City of Bozeman – SJP 2023, page 3
C. AJAY MT and the City are mutually responsible for:
● Communicating with one another at least biweekly to evaluate the process and progress toward
outcomes;
● Building and maintaining positive community relations; and
● Providing and/or collecting feedback to increase quality of SJP.
3. Terms
This MOU is effective beginning January 1, 2023 through September 30, 2023. In September 2023, both
parties may elect to mutually reestablish partnership terms. Either party may terminate this MOU upon
30 days written notice without penalties or liabilities.
4. Miscellaneous. A. Notices. Notices to the Parties shall be directed as follows:
If to the City: Jesse DiTommaso at jditommaso@bozeman.net, (406) 579-2494, or 121 North Rouse, Bozeman, MT 59715
If to AJAY MT: Gabrielle Eklund Rowley (executive director) at
gerowley@americanjobs4youth.org, 406-490-4954, or PO Box 923 Helena MT 59624 Any notice sent to a Party under this MOU shall be in writing and shall be effective when received by the recipient. Each Party may change the address at which it is to receive notices by providing
written notice of its new address for notices to the other Party.
B. Governing Law; Venue. This MOU shall be governed by the law of the State of Montana. The Parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County, Montana.
C. Liberal Construction. This MOU shall be liberally construed to achieve its successful
completion. If any provision in this MOU is found to be ambiguous, an interpretation consistent with the spirit of collaboration and the mutual goals and objectives of the Parties shall be favored over any interpretation that would be inconsistent with such purposes and goals.
D. Severability. If any provision of this MOU is found to be invalid, the remainder of the
provisions of this MOU shall not be adversely affected.
E. Entire Agreement; Amendment; Assignment. This instrument sets forth the entire understanding of the Parties with respect to the grant and supersedes all prior discussions, negotiations, understandings, or agreements relating to the MOU, all of which agreements or
understandings are merged into this MOU. No alteration, amendment or modification of this
MOU shall be valid or binding unless contained in a written amendment signed by both Parties. It is contemplated that from time to time this Agreement can be modified by writing, if agreed by both Parties.
F. Successors. The terms, conditions, commitments, restrictions and understandings set forth in
this MOU shall be binding upon, and inure to the benefit of, the parties hereto and their
respective successors and assigns.
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MOU AJAY MT & City of Bozeman – SJP 2023, page 4
G. Captions. The captions in this MOU have been inserted solely for convenience of reference
and are not a part of this instrument and shall have no effect upon construction or
interpretation.
H. No Partnership or Agency. Neither Party shall be considered a partner nor agent of the other Party, and this MOU does not create a partnership or principal-agent relationship between the Parties. Neither Party shall have any right, power or authority to create any obligation,
expressed or implied, on behalf of the other Party. The joint effort being formed by the City and
AJAY MT is not a separate legal entity and neither the City nor AJAYMT shall have the right to bind the other Party vis a vis any third party. The purpose of the collaboration is to work together to complete the objectives of this MOU and achieve the Parties’ common goals as stated in the Recitals above. While the City and AJAY MT may cooperate in the creation of
other projects in the future, the Parties acknowledge and agree that this MOU is unique and the
terms of this MOU shall not create a binding precedent with respect to any future projects.
I. Indemnity and Release. AJAY MT agrees to indemnify, defend and hold the City harmless
from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, negligent acts, errors, omissions, or willful misconduct by AJAY MT in the performance of its work on this MOU. The Parties shall be solely responsible for any contracts they enter into or other obligations or
liabilities incurred by such party in connection with their respective roles under this MOU.
J. Insurance. The City will maintain insurance coverage for personal injury and property damage suffered by the City’s officials, employees, and agents arising out of or related to this MOU.
The City will further maintain professional liability covered for the City’s officials, employees,
and agents arising out of or related to this MOU. AJAY MT warrants and represents that it will maintain personal injury and property damage, and professional liability coverage for its officers, employees, and agents while acting within the scope their employment. The parties further agree that nothing contained in this MOU shall be construed or interpreted as denying
to either party any remedy or defense available to such party under the laws of the State of
Montana.
K. Nondiscrimination and Equal Pay. The Parties agree that all hiring by the Parties of persons performing this Agreement shall be on the basis of merit and qualifications. The Parties will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Parties 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. The Parties shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Parties shall require these nondiscrimination terms of its subcontractors providing services under this Agreement.
AJAY MT 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). AJAY MT must report to the City any violations of the Montana Equal Pay Act that AJAY MT has been found guilty of within 60 days of such finding for violations occurring
during the term of this Agreement.
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MOU AJAY MT & City of Bozeman – SJP 2023, page 5
AJAY MT shall require these nondiscrimination terms of its subcontractors providing services
under this MOU.
L. Compliance with Laws. The Parties shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety
rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations.
M. Nonwaiver. 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 condition or to pursue any available legal or equitable rights in the event of any subsequent default or breach.
N. Attorney’s Fees and Costs. In the event it becomes necessary for either Party of 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 or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney.
O. 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.
P. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument.
Q. Advertising. Either Party may advertise or share information concerning this MOU in any form and with any media without the consent of the other Party subject to any specific restrictions detailed in the MOU.
R. 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.
By signing below, each Party agrees and acknowledges that this Memorandum of Understanding accurately reflects their mutual understanding, and that each of them agrees to be bound by the terms and conditions of this Memorandum of Understanding.
_______________________________ _______________________________
City Representative AJAY MT Representative
_______________________________ _______________________________
Printed name Date Printed name Date
DocuSign Envelope ID: A5691546-8D84-4A1A-8072-A014CDC44CE4
Gabrielle RowleyJeff Mihelich
MOU AJAY MT & City of Bozeman – SJP 2023, page 6
Draft Summer Jobs Program 2023 Timeline
Date Event
12/15/2022 Confirm committee members
1/11/2023-1/31/2023 First meeting of SJP committee
1/11/2023 – 1/31/2023 Identify employers to recruit
1/11/2023 - 3/10/2023 Committee members contact & recruit employers
1/16/2023 - 3/17/2022 Employers complete SJP application
2/13/2023 - 3/31/2023 Committee recruits students & students complete application
3/20/2023 - 4/7/2023 Round 2 employers complete application (if necessary)
3/13/2023 - 4/7/2023 Committee interviews students
3/27/2023 - 4/7/2023 Employer orientation session
4/10/2023 - 4/21/2023 Committee matches students with host employers
4/17/2023 - 5/5/2023 Students complete interviews with host employers
3/13/2023 - 5/12/2023 Adult volunteer mentors complete application
4/17/2023 - 5/12/2023 Students complete work skills training
4/24/2023 - 5/12/2023 Confirm student placements
5/22/2023 - 5/26/2023 Mentor training
5/30/2023 -6/5/2023 Summer kick-off event to introduce students & mentors
6/5/2023 - 6/12/2023 Most work positions begin
6/14/2023 - 6/23/2023 Collect initial student work skills evaluations from employers
7/3/2023 – 7/7/2023 Mid-summer evaluations
8/11/2023 - 8/18/2023 Most work positions end
8/14/2023 - 8/25/2023 Final evaluations
8/7/2023 - 8/25/2023 SJP Celebration to thank community & distribute completion certificates
DocuSign Envelope ID: A5691546-8D84-4A1A-8072-A014CDC44CE4