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HomeMy WebLinkAbout23 - Memorandum of Understanding - American Jobs for America's Youth Montana - Summer Jobs Program 2024 MOU AJAY MT & City of Bozeman – SJP 2024, 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 2024. 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, and 5.3, Partnerships for Education and Learning. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Purpose and Scope The Summer Jobs Program (SJP) provides youth with valuable work experience, skills development, and mentorship. Through this partnership, Bozeman youth and employers will benefit from the SJP. The SJP aims to build work skills and develop social networks to help Bozeman youth better understand and pursue their goals, ultimately developing the local workforce pipeline. The City, with the support of AJAY MT, will strive to serve at least ten (10) 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. ● SJP Local Implementation Lead Organization (City) and Local Coordinator -– The City coordinates the local implementation of the Summer Jobs Program model including identifying a local coordinator to be the primary point of contact. ● AJAY MT - provides ongoing guidance and technical support to communities implementing SJP. AJAY MT provides training curricula, program materials, implementation strategies, and program evaluation. AJAY MT leverages statewide partnerships to enhance local programs and maximize program impact. DocuSign Envelope ID: 07E4E7E0-7B01-46BD-97D8-5527C6F46BD4 MOU AJAY MT & City of Bozeman – SJP 2024, page 2 ● SJP Community Implementation Committee - a dedicated collaborative group from across the community works with AJAY MT to support a successful Summer Jobs Program. This committee plays an important role in ensuring the execution of the SJP by providing logistical support to the lead organization and to participating businesses, students, mentors, and schools. ● Host Employers - commit to hosting SJP participants with a meaningful work experience that pays more than minimum wage; offer a supportive environment; and provide ongoing, effective feedback to maximize the experience for both the employer and the student. ● Youth Participants - SJP serves young adults (15-19 years old) interested in growing their work skills and expanding their professional network. Interested participants complete an application, a program interest interview, work skills training, employer hiring process, and mentoring. Communities determine priority age range. ● SJP Mentors - adult volunteers commit to meeting with participants to help students process their work experience, identify future goals, help them grow their professional skills, and expand their professional network. This document outlines the finer details of each responsibility and a comprehensive action plan timeline. 3. Roles and Responsibilities of City: A. Planning & Coordination ● SJP Implementation Planning Committee: City will convene the local committee, involving key stakeholders to ensure comprehensive planning and successful execution. ● Committee Meetings: City will organize and facilitate weekly or biweekly SJP committee meetings from January through May, promoting collaboration and effective coordination among all parties. AJAY MT will attend Bozeman SJP committee meetings remotely. ● Communication: City will maintain regular communication among local team and with AJAY Montana to evaluate progress and outcomes, fostering a proactive and responsive approach to program support. ● City will actively build and maintain positive community relations, ensuring strong ties with the community, which is essential for the program’s success. ● City will organize and host two events - a summer kick-off and an end of program celebration - ensuring their successful execution. B. Recruitment & Work Experience Placements ● Recruitment of Participants: City will actively engage in recruiting a minimum number of student participants, and corresponding number of prospective employers and mentors for the SJP. AJAY MT will develop applications for students, employers, and mentors. ● Student Interviews: City is responsible for coordinating and overseeing the interview process with potential students, either by directly coordinating interviews or overseeing other members DocuSign Envelope ID: 07E4E7E0-7B01-46BD-97D8-5527C6F46BD4 MOU AJAY MT & City of Bozeman – SJP 2024, page 3 of the Implementation Committee. ● Work Experience Placements: City will lead the effort of matching students with prospective employers and mentors. C. Program Support: ● Issue Resolution: City will be responsible for promptly addressing and resolving any issues that may arise during the program involving students, mentors, or employers. SJP does not moderate human resource issues, yet can support students and employers regarding options. ● Work Skills Assessments: City will distribute and collect work skills pre-assessments and post- assessments, ensuring the evaluation process is consistent. ● Evaluations: Program effectiveness will be evaluated via mid-summer and end-of-summer evaluations completed by participating students, mentors, and employers. AJAY MT will create and collect evaluations and City will provide support of distribution and collection of evaluations. ● Completion Certificates: AJAY MT will provide certificates and City will print and distribute final certificates. D. Orientation & Training ● Mentor and Supervisor Orientations: In partnership with AJAY MT, City will facilitate mentor and supervisor orientations, ensuring all participants are adequately prepared for their roles. ● Student Work Skills Training: In partnership with AJAY MT, City will provide essential work skills training to students. This can be through a partnership with another organization, online option, or direct delivery. E. Program Paperwork and Documentation ● Website Content: City will provide AJAY MT with partner logos and community specific information for the program’s website to ensure accurate and up-to-date information is available to the community. AJAY MT will keep website up-to-date. ● City will update a shared program spreadsheet to reflect current participant status. (Students, Employers, and Mentors) ● City will provide and/or collect feedback to improve the quality of SJP. F. Financial Responsibilities ● City will provide funding for student stipends upon successful completion of the work skills training. ● City will fund a casual summer kick-off and a program celebration late in the summer. DocuSign Envelope ID: 07E4E7E0-7B01-46BD-97D8-5527C6F46BD4 MOU AJAY MT & City of Bozeman – SJP 2024, page 4 4. Terms This MOU is effective November 1, 2023, through October 30, 2024, covering planning and implementation of the 2024 Summer Jobs Program in Bozeman. In October 2024, both parties may elect to mutually reestablish partnership terms. Either party may terminate this MOU upon 30 days written notice without penalties or liabilities. 5. Miscellaneous. A. Notices. Notices to the Parties shall be directed as follows: If to the City:Jesse DiTommaso (economic development specialist) at jditommaso@bozeman.net, 406-579-2494 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 the successful completion of the grant. 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. 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. 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 DocuSign Envelope ID: 07E4E7E0-7B01-46BD-97D8-5527C6F46BD4 MOU AJAY MT & City of Bozeman – SJP 2024, page 5 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 and the grant. 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. AJAY MT shall require these nondiscrimination terms of its sub-contractors providing services under this Agreement. 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. DocuSign Envelope ID: 07E4E7E0-7B01-46BD-97D8-5527C6F46BD4 MOU AJAY MT & City of Bozeman – SJP 2024, page 6 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 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 _______________________________ Gabrielle Eklund Rowley 11/21/2023 Printed name Date Printed name Date DocuSign Envelope ID: 07E4E7E0-7B01-46BD-97D8-5527C6F46BD4 12/20/2023Jeff Mihelich