HomeMy WebLinkAboutResolution No. R21-127RESOLUTION NO. R21-127
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH BEARTOOTH RC&D ECONOMIC DEVELOPMENT DISTRICT.
WHEREAS, the City of Laurel desires to retain the services of Beartooth RC&&D
Economic Development District for services relating to a regional economic development planning
program; and
WHEREAS, Beartooth RC&D Economic Development District provided such services for
the City of Laurel in the past and desires to continue the provision of such services for the City in
accordance with the terms and conditions of the attached Memorandum of Understanding,
including a membership contribution of $2,147.93; and
WHEREAS, the City of Laurel is satisfied with the services provided to date and desires a
continuation of its relationship with Beartooth RC&D Economic Development District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana,
That the Mayor is authorized to execute the attached Memorandum of Understanding with
Beartooth RC&D Economic Development District.
Introduced at a regular meeting of the City Council on December 14, 2021, by Council
Member McGee.
PASSED and APPROVED by the City Council of the City of Laurel this 14`h day of
December 2021.
APPROVED by the Mayor this 14`h day of December 2021.
ti
OF LAUREL
e Eaton, Mayor
AT
Bethan a v , .- rk-Treasurer
Approved a o fo •j
Sam S. Painter, Civil City Attorney
R21-127 Beartooth RC&D MOU 2022
A
MEMORANDUM OF UNDERSTANDING
Between
Yellowstone County Commissioners, Big Sky Economic Development Authority,
Cityof Billings, City of Laurel
And
Beartooth Resource Conservation & Development Area; Inc. .
,.
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this _ day of
, 202 by and between Beartooth Resource Conservation & Development
Area, Inc., whose principal business address is P.O. Box 180, Joliet, Montana 59041, hereinafter
referred to as `Beartooth RC&D" and Yellowstone Countv Commissioners (in cooperation.
and hereinafter referred to as "the
Entity".,,
WHEREAS; Beartooth RC&D has been formally recognized by, the,U:S. Department of,
Commerce; Economic, Development Administration (EDA) as a designated Economia
Development District (EDD), and as a District', Beartooth RC&D has been awarded funding to -
carry out its Comprehensive Economic Development Strategy (CEDS). This funding will provide
a staff person, administrative support and operating costs. This is a continual grant, renewable
based on successful program operation and availability of federal funds. Local match is required.
WHEREAS, Each entity participating in the District will designate a representative and an
alternate to the regional Beartooth RC&D Board. This individual. will convey the needs.and
economic development goals of the community to Beartooth RC&D board meetings. Regular
board meetings will beheld -every two months,to assess project status and evaluate regional
economic development needs.
NOW THEREFORE IT IS UNDERSTOOD, AS FOLLOWS:
ARTICLE 1: SCOPE OF,WORK:
Beartooth RC&D employs an Economic Development Director to assist in the completion of the
Comprehensive Economic;Development Strategy for the five -county region. The Director's time
will be allocated consistent with the goals in'the CEDS by Beartooth RC&D ,board of directors.
The board is composed of one representative and an alternate from business. partners, county and
local elected officials and local economic development partners from our five -county region.
Input from this board is essential for meeting the needs of the communities in our region.
Priority will be assigned. projects of regional scope or projects with strong local leadership. Grant
funding for this position is from EDA; therefore, emphasis will be on regional economic
development planning and projects which have a correlation to job creation, economic
diversification and increased tax base. Matching funds are from participating entities and
emphasis will be placed on their specified projects.
Annual Evaluation: t.
The performance of the Economic Development District will be evaluated annually by local
entities participating on the«regional.BeartoothRC&D Board: IProgress and/or accomplishments
on each program/project will be reported and evaluated to,ensure resources are being utilized in the
most effective and efficient manner possible. Annual Comprehensive Economic Development
Strategy updates and an annual plan of'woik,will be developed'with-input fro6Beartooth RC&D
staff and board. Annual reports on projects and economic development activities will be provided
to the board and participating entities} along'with'the renewal of the Memorandum of
Understanding.
ARTICLE 2: PERIOD OF, PERFORMANCE:
The term of this Memorandum of Understanding shall be from the date it is signed through._ "
December 31, 2022, unless extended by mutual agreement by both parties. Such extension must
be in writing; signed by authorized,representatives of both-parties,"and'made.a part'of the original
Memorandumtof Understanding-by�modification'reference: This,Memorandum of Understanding
supersedes,the piior'Memorandum for participation' in the Economic ,Development' District.
ARTICLE 3: PAYMENT: t '
The Entity's annual contribution will be $4,500.00 as a "Membership fee plus aper capita • ,
assessment of .49.'cents'per person.�These funds will,provide the' necessary match to -obtain the "
$70,000.00 in federal, funds. Entities -who do'notparticipate financially in the match -requirement
will not receive services from the'Economic Development Coordinato'r.' The calculated fee for
Yellowstone County is $35,798.89. This figure is a total of the $4,500.00 county fee plus
$31,298.89 per capita formula using a population of 164,731 as per the 2020 Census data.
Yellowstone County's full paymentwill,be separated iiito a'four-way`payment'systerm Each entity
within the county will pay a percentage (%) similar to the previous year. Big Sky EDA- 34% or
$12,171.62, City of Billings- 36% or $12,887.60, City of Laurel-`6%_or $2;147.93.and. ° =.
Yellowstone County- 24% or $8,591.73.
Annually; Beartooth RC&D/EDD staff willrprovide'a comprehensive ieport of the past year's, •
activity.., Anew Memorandum of Understanding will be preparedr and a request -for the following
year's match submitted. "Entities will'be billed for match funds afterJanuary 1, 2022; fomhe
current year's assessment.
Payment as provided in this section shall be full compensation for work performed, services
rendered and for all materials, supplies;'equipment; and incidentalsnecessaryto,complete the
work.
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ARTICLE 4: EXAMINATION, OF RC&D RECORDS: ,
The Entity or its representatives shall have the right to examine any books, records, or other
documents of Beartooth RC&D, directly relating to costs when such costs are the basis of
compensation hereunder.
ARTICLE 5: OWNERSHIP AND USE OF DOCUMENTS:
Reproducible copies of all documents and other,materials produced by Beartooth.RC&D in .
connection with the -services rendered under this memorandum of understanding, shall be•provided
to the Entity for,the Entity's:use,whether the project for which•they are made'is executed or not.
Beartooth RC&D shall be;permitted'to retain originals,, including. reproducible originals, of
drawings and specifications for information, reference and use in connection with Beartooth .
RC&D endeavors.
ARTICLE 6: WARRANTY:
Beartooth RC&D warrants that all services performed -herein shall.be:performed using that degree
of skill and care, ordinarily exercised in and consistent with generally accepted practices.for the
nature of the services and shall conform to all requirements of this Memorandum of
Understanding. . 1.• • - J.
ARTICLE 7: SAFETY:
Beartooth RC&D agrees to fully -comply with the Occupational•Safety and Health'Act of 1970, all
regulations issued there under and all state laws and regulations enacted,and adopted pursuant .
thereto. Beartooth RC&D shall take all necessary precautions in performing the services
hereunder to prevent injury to persons or damage to property_;
ARTICLE 8: CONFIDENTIALITY AND CONFLICTS,OF,INTEREST:-
Beartooth RC&D agrees to hold in strict confidence any proprietary or other data, findings, results,
or recommendations deemed to be confidential by the Entity andobtained or developed by
.,Beartooth RC&D in connection•with:the work under this.memorandum of understanding.
Beartooth RC&D,warrants; and agrees they do,notand will not have any conflicts,of interest
regarding the performance of services hereunder.
ARTICLE 9: APPLICABLE LAW:
This Memorandum of Understanding shall be governed in all respects by,the laws of the State:of
Montana. No changes, amendments ovinodifications of any of.the•terms,and'conditions hereof
shall be valid unless agreed to in writing. Venue of any proceeding arising hereunder shall be the
Twenty-second Judicial District.., _ .. ,
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ARTICLE 10: COMPLIANCE WITH LAWS:
Beartooth RC&D shall in performing the'seryices cohtemplated by this Memorandum of
Understanding, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable�to the services to be rendered under this Memorandum of
Understanding. I ''I •i
,,... .
ARTICLE 11: CHANGES:
The parties, by mutual agreement, may, at any time during the term of this Memorandum of
Understanding -and without invalidating the Memorandum of Understanding, make cti inges within
thegeneral scope,of the Memorandum of Understanding. Beartooth RC&D to perform -such
changed services. The -Entity's priority list'for project work within'their countycan be changed at
any time..dn such case,'the District will,be informed of this change at the Entity's' earliest
convenience. - ' . I ; !, . • • . , • • •
ARTICLE 12: TERMINATION:
This Memorandum of Understanding may be terminated in whole or in part, in writing, by either
party'in theevent of substantial failure by the.otheriparty to fulfill itsobligations under'this,
Memorandum of Understanding through no fault of the terminating -party, provided that, -no
termination maybe effected• unless the other.party is given: (1) not less than ten (10) days -written
notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an
opportunity for consultation with the terminating party prior to termination.
Upon such termination the Entity shall pay Beartooth RC&D amounts due and unpaid for services
rendered as'of the,effective date of ternnnation; and Beartooth RC&D shall.provide to the -Entity
all materials, surveys, reports; data, and', other information performed or prepaied as of such date.
ARTICLE 13: INDEMNIFICATION:'
Beartooth RC&D agrees'to and -does hereby.' indemnify and saue'the Entity,4ts officers; officials
and employees, harmless against and from:
1: Any and all -claims and, liabilities, includingbut not•limited to costs, expenses, and
attorney fees arising, from injury:to;4or,deatli of,' persons(includingclaims and liabilities for care or
loss of services. in connection with any bodily injuryor death) and including: injuries; sickness;
disease, or death to Beartooth RC&D employees occasioned by a, negligent,act,-omission; or
failure of Beartooth RC&D;
2. Any and all claims and liabilities, including costs and expenses, for loss or
destruction•of or damage to any property belonging to' Beartooth RC&D or the. Entity caused by a
negligent act; omission; or, failure of BeartoothRC&D and; -, +•- ', - .
. . ,. 1 11 t, u, , W ' • -
3. Any fines, penalties, or other amounts assessed against -the Entity by'reasomof
Beartooth RC&D's failure to comply with all health, safety, and environmental laws and
regulations applicable to the services; resulting directly or indirectly from, or occurring in the
course of Beartooth RC&D's performance of the services. However, this indemnity shall not
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extend to claims and liabilities for (i) injury or death to persons or (ii) loss of or damage to
property to the extent that these claims and liabilities result directly from the Entity's negligence or
willful misconduct.
ARTICLE 14: INSURANCE:
Beartooth RC&D shall maintain and demonstrate the following types of insurance:
1. Beartooth RC&D agrees that its employees and particularly the employees
designated to work on this memorandum of understanding are covered by applicable Worker's
Compensation provisions. Beartooth RC&D further agrees that if the Entity should legally incur
any costs whatsoever under the Worker's Compensation laws by reason of Beartooth RC&D
employees' injury or death while engaged in the contract work, Beartooth RC&D will indemnify
and hold harmless the Entity for such costs which the Entity may be legally be required to pay to
employees of Beartooth RC&D.
2. Comprehensive general liability insurance for bodily injury, death, or loss of or
damage to property of third persons or other liability due to the negligent acts;of Beartooth RC&D
in the minimum amounts of $500,000 per occurrence and $1,000,000 aggregate for.persorial
injury; and $500,000 per occurrence/aggregate for property damage. Proof of coverage as required
by this section shall be delivered to the Entity within fifteen (15) days of execution of this
Agreement:
3. , Professional liability errors and omissions insurance in a minimummamount of
$100,000.00.
ARTICLE 15: NONDISCRIMINATION: • I .
Beartooth RC&D will not discriminate against any employee or applicant for employment relating
to this project on.the basis of race, color, religion, creed, political ideas, sex, age, marital status,
physical or mental handicap or national origin. All hiring associated with any project shall be on
the basis of merit and -qualifications -related to the requirements of the particular position being
filled.
ARITCLE 16: INDEPENDENT CONTRATOR:
Beartooth RC&D and the Entity agree that Beartooth RC&D is an independent contractor
with respect to the services'provided pursuant to this Memorandum of Understanding. Nothing in
this Memorandum of Understanding shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Beartooth RC&D nbr any employee of Beartooth
RC&D shall be entitled to'any-benefits accorded Entity's employees by virtue of the services'
provided under this Memorandum of 'Understanding. The Entity shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for contributing to the
state Worker's Compensation program, nor shall the Entity be deemed in any way to assume the
duties of an employer with respect to Beartooth RC&D, or any employee of Beartooth RC&D.
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ARTICLE 17: ASSIGNMENT:
Beartooth RC&D shall not sublet or assign any of the services covered by this Memorandum of
Understanding without the express written consent of the Entity..:,
ARTICLE 18: NON -WAIVER:
Waiver by the City of any provision of this memorandum of understanding or any time
limitation.provided for in this memorandum of understanding shall not constitute'a waiver of any
other provision. - . ..
ARTICLE 19: NOTICES:
Any Notice to be served hereunder may be served upon the parties personally or served by
certified mail; return receipt., Notice served by mail shall be deemed complete upon -deposit of said
notice in any United States Post Office, postage prepaid, directed to the party to be served, at the
following addresses:
ENTITY: City of Laurel
P.O. Box 10
Laurel, MT 59044
ARTICLE 20: INTEGRATED AGREEMENT:
RC&D: Beartooth RC&D
P.O. Box 180
Joliet. MT 59041
This Memorandum of Understanding together with attachments or addenda represents the entire
and integrated Agreement between the Entity and Beartooth RC&D and supersedes all prior
negotiations, representations, or agreements, written or oral. This Memorandum of Understanding
may be amended only by written instrument signed by both the Entity and Beartooth RC&D.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this
Memorandum of Understanding the day and yearr in this ihstrumeht•first above written.
BEARTOOTH RC&D/EDD
Ryan VanBallegooyen
Chairman
ATTEST: Dater 1A 14 //t+
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