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HomeMy WebLinkAboutCity Council Packet 04.26.2022 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, APRIL 26, 2022 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R22-17 NEXT ORD. NO. O22-01 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of April 12, 2022. Correspondence 2. Ambulance Monthly Report - March 2022. Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Cons ent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 3. Claims entered through April 22, 2022. 4. Approval of Payrol Register for PPE's through 4/22/2022 totaling $193,588.33. Ceremonial Calendar Reports of Boards and Commissions 5. Budget/Finance Committee Minutes of March 22, 2022. 6. Park Board Minutes of April 7, 2022. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duratio n for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. 1 Scheduled Matters 7. Resolution No. R22-17: A Resolution Of The City Council Authorizing The Mayor To Execute The Amendment To Owner-Engineer Agreement, Amendment No. 2, By And Between The City Of Laurel And KLJ Engineering, Inc. 8. Resolution No. R22-18: A Resolution Of The City Council Authorizing The Mayor To Execute A Memorandum Of Understanding By And Between The City Of Laurel And The City Of Laurel Library Board Of Trustees 9. Resolution No. R22-19: A Resolution Of The City Council Authorizing The Mayor To Execute A Retention Fee Agreement By And Between The City Of Laurel And Olness & Associates, P.C. 10. Resolution R22-20: A Resolution Of The City Council Authorizing The Removal Of Former City Of Laurel Clerk/Treasurer Bethany Keeler, F/K/A Bethany Langve, From All City Accounts And Adding Acting City Of Laurel Clerk/Treasurer Kelly Strecker To All Such Accounts. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding commu nity announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 2 File Attachments for Item: 1. Approval of Minutes of April 12, 2022. 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 File Attachments for Item: 2. Ambulance Monthly Report - March 2022. 17 Laurel Emergency Services Report created 4/22/22: 2020 1090 requests for service 159 times LEMS was unavailable 72 times AMR was unavailable 288 responses in Ward 5 = 27% of calls outside of the city of Laurel 2021 1228 requests for service 135 times LEMS was unavailable 34 times AMR was unavailable 318 responses in Ward 5 = 26% of calls outside of the city of Laurel Recent Month Summary: March 2022: **3 times the QRU responded and the patient refused / no transport to hospital or no patient found and 1 time the QRU paramedic rode in with AMR BLS unit to transport *21 responses in Ward 5 = 23 % of calls outside of the city of Laurel Requests 91 Missed Calls 9=10 % Shortest Delay 2 minutes Longest Delay 31 minutes Average Delay 20 minutes Fire Driver Available 28 times City Driver Available 1 time QRU Response With 1 Provider 4 times ** On A Previous Call 1 times No Crew / Provider Available 5 times AMR Transported or Responded 5 times Red Lodge Transported 0 times HELP Flight Transported 0 times Columbus Transported 0 times Joliet Transported 0 time Park City Transported 0 time PD Assisted Pt no transport 0 time FD Assisted Pt no transport 1 time POV Transport 2 times YCSO Transported 0 times MHP Transported 0 times 18 2022 Running Totals January February March April May June July August September October November December Total 2021 Requests 100 84 91 Missed Calls 11 10 9 Shortest Delay (minutes) 12 9 2 Longest Delay (minutes) 69 63 31 Average Delay (minutes) 31 33 20 Fire Driver Available 22 27 28 QRU Response w 1 Provider 6 5 4 On A Previous Call 3 0 1 No Crew / Provider Available 2 5 5 AMR Transported or Responded 5 6 5 Columbus Transported 1 1 0 Joliet Transported 0 0 0 Park City Transported 0 1 0 Red Lodge Transported 0 0 0 HELP Flight Transported 0 0 0 POV Transport 5 0 2 PD Assisted Pt no transport 0 1 0 FD Assisted Pt no transport 0 0 1 YCSO Transported 0 0 0 MHP Transported 0 0 0 QRU/AMR Refusal or No Patient 0 1 1 Responses in Ward 5 30 25 21 Other Reporting Information: - I am working with the Mayor, City Clerk and City Attorney to see if we can come up with some creative ideas to help us recruit and retain our staff. - The 2 new volunteer EMTs have started and have both been training a lot and are doing very well. We have been busy and our staff is truly amazing. We continue to struggle with some schedule holes but our staff, both part time and many of the volunteers are absolutely invaluable and w ork extremely hard to help. - Crew sleeping quarters construction is under way and going great, hope to have it completed in the next couple of weeks. Once this is completed the full time schedule will be able to go to a much better start and stop time. Currently their shift is midnight to midnight for their 24 hour shift and not well liked by the staff. This is a deterrent when trying to recruit as well. We will most likely be changing to an 8am to 8am shift, the staff is extremely excited. - Our radio repeater went down a couple of weeks ago which led to an inability to communicate on the radios. Fire was extremely gracious in allowing us to use their channels to communicate with dispatch. We had anticipated this issue and had planned for a replacement, Chief Langve was invaluable in helping get the new one set up and running. - We have received excellent feedback from the hospitals that our EMS service has been one of the best in our stroke patient ca re and documentation recently with new patient care protocols. Super excited to see our crews get a kudos for this. - Our first Safe Kids Yellowstone County Car Seat Check will be held Tuesday, April 26th at 5pm – 7pm. Please share this event with anyone that has kids or grandkids! It is a great way to make sure kiddos are buckled in properly! - We have taught Stop the Bleed for the high school sports medicine class last semester and this semester and we have taught th e course in 2 classes to the CHS Refinery Rescue squad. This is a totally of approximately 60 people so far! We will continue to get this course out to the public. 19 File Attachments for Item: 5. Budget/Finance Committee Minutes of March 22, 2022. 20 2 1 2 2 File Attachments for Item: 6. Park Board Minutes of April 7, 2022. 23 2 4 2 5 File Attachments for Item: 7. Resolution No. R22-17: A Resolution Of The City Council Authorizing The Mayor To Execute The Amendment To Owner-Engineer Agreement, Amendment No. 2, By And Between The City Of Laurel And KLJ Engineering, Inc. 26 R22-17 Approve Amendment to Owner-Engineer Agreement by and between the City of Laurel and KLJ Engineering, Inc., Amendment No. 2 RESOLUTION NO. R22-17 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO OWNER-ENGINEER AGREEMENT, AMENDMENT NO. 2, BY AND BETWEEN THE CITY OF LAUREL AND KLJ ENGINEERING, INC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Amendment to Owner-Engineer Agreement, Amendment No. 2, by and between the City of Laurel and KLJ Engineering, Inc., a copy attached hereto and incorporated by reference herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Amendment to Owner-Engineer Agreement, Amendment No. 2, on behalf of the City. Introduced at a regular meeting of the City Council on the 26th day of April 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 26th day of April 2022. APPROVED by the Mayor the 26th day of April 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 27 Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT K , consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated 8/24/21, KLJ Project NO. 2004-00862. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. _2__ The Effective Date of this Amendment is: ___________________ Background Data Effective Date of Owner-Engineer Agreement: Owner: City of Laurel Engineer: KLJ Engineering, Inc. Project: 2022 Pavement Maintenance Nature of Amendment: [Check those that are applicable and delete those that are inapplicable.] _X_ Additional Services to be performed by Engineer ____ Modifications to services of Engineer _X_ Modifications to responsibilities of Owner _X_ Modifications of payment to Engineer ____ Modifications to time(s) for rendering services ____ Modifications to other terms and conditions of the Agreement Description of Modifications: Scope of Services is modified in accordance with Amendment 2 – Exhibit A Agreement Summary: Original agreement amount: $ 595,800.00 _ Net change for prior amendments: $ 85,000________ __ This amendment amount: $ 22,000 _ Adjusted Agreement amount: $ 702,800_____ Change in time for services (days or date, as applicable): 0____ 28 Exhibit A – Engineer’s Services Page 1 This is EXHIBIT A , to Task Order for Project No. 2004-00862 consisting of 2 pages. Engineer’s Services- 2022 Pavement Maintenance (Amendment 2) PART 1 – BASIC SERVICES The amendment adds the following to the project: 1. Removal and replacement of the trees along the I-90 ROW. 2. Replace existing playground equipment with new contemporary equipment. 3. Installation of an underground sprinkler system with automatic controls to aid in controlling pressure drops in the water system during the summer months The following amends Exhibit A of the Agreement A1.01 Project Management – No Change A1.02 Topographic Survey Phase- No Change A1.03 Preliminary Engineering- No Change A1.04 Final Design Phase A. Expand services described under Final Design Phase of Original Agreement to include the following: 1. Removal and replacement of the trees along the I-90 ROW. 2. Replace existing playground equipment with new contemporary equipment. 3. Installation of an underground sprinkler system with automatic controls to aid in controlling pressure drops in the water system during the summer months. B. Engineer shall provide the following services in addition to those described in original agreement: 1. Landscaping Design a. Provide a tree removal and plantings schedule for an equal number of trees to be planted along the I-90 R/W boundary. b. Design a zoned irrigation system with controls to irrigate the entirety of the park along with the newly planted trees. c. Provide construction plans with details for all improvements described above. d. Include this package within the construction contract. 2. Playground Equipment a. Coordinate with the City’s current equipment supplier to provide new contemporary playground equipment. 29 Exhibit A – Engineer’s Services Page 2 b. Attend two (2) meetings with Owner to provide options of equipment available. c. Provide probable cost opinions for purchase and installation of equipment. d. Provide site design and site details for the construction of equipment. This will include ground fall protection under equipment. A1.05 Bidding or Negotiating Phase A. Expand services described under Bidding and Negotiating Phase of Original Agreement to include improvements described in this amendment. A1.06 Construction Phase A. Expand services described under Construction Phase of Original Agreement to include improvements described in this amendment. B. Engineer will provide the follow construction staking in addition to that described in Section A1.06.A.10 of the original Agreement: 1. Provide Construction Staking for trees and extents of playground in Russell Park. C. Modify anticipated RPR time specified in Section A1.06.A.3 of the original Agreement, to 760 hours. Modify recommended construction contract time in same section, to 140. A1.07 Post-Construction Phase A. Expand services described under Post-Construction Phase of Original Agreement to include stormwater improvements described in this amendment. PART 2 – ADDITIONAL SERVICES A2.01 Additional Services Requiring an Amendment to Task Order B. Add to Section A2.01.A of the original Agreement (Additional Services Requiring Written Authorization): 30 31 Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. OWNER: ENGINEER: City of Laurel KLJ Engineering, Inc By: By: Print name: Dave Waggoner Print name: Mark Anderson Title: Mayor Title: Senior Vice President, EPW Date Signed: Date Signed: 32 File Attachments for Item: 8. Resolution No. R22-18: A Resolution Of The City Council Authorizing The Mayor To Execute A Memorandum Of Understanding By And Between The City Of Laurel And The City Of Laurel Library Board Of Trustees 33 R22-____ Approve Memorandum of Understanding by and between the City of Laurel and the City of Laurel Library Board of Trustees RESOLUTION NO. R22-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF LAUREL AND THE CITY OF LAUREL LIBRARY BOARD OF TRUSTEES BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Memorandum of Understanding by and between the City of Laurel and the City of Laurel Library Board of Trustees, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Memorandum of Understanding on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of April, 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of April, 2022. APPROVED by the Mayor the _____ day of April, 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 34 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF LAUREL AND THE LAUREL LIBRARY BOARD OF TRUSTEES This Memorandum of Understanding (“Agreement”) is entered into this ___ day of ________________ 2022 by and between the City of Laurel, Montana, a municipality of the State of Montana (hereinafter, “the City” or “the City of Laurel”), and the Laurel Librar y Board of Trustees (hereinafter, “the Library Board” or the “Laurel Library Board”), together referred to hereafter as “the parties”. RECITALS WHEREAS, the City has established a free public library, the Laurel Public Library (“Library”) for the use of the citizens under regulations as prescribed by the Library Board, subject to approval of the City (LMC 2.80.010 et al; § 22-1-309, MCA); WHEREAS, the City, and the Montana Federation of Public Employees (“Association”) have entered a Collective Bargaining Agreement (“CBA”), in which Library employees are considered member employees; WHEREAS, said CBA was established through collective bargaining procedures as provided for under Montana law, “the promotion of harmonious relations” between the City and Association and “the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and fringe benefits, employee safety, and other conditions of employment”; WHEREAS, pursuant to § 22-1-309(3), MCA, the Library Board is empowered to contract with the City to provide certain library services, including personnel management; WHEREAS, based upon recent decisions of the insuring entity for the City of Laurel (the Montana Municipal Interlocal Authority), it has become apparent that the City cannot continue to insure the Library without a clear understanding and agreement with regard to how personnel matters are handled by and between the City of Laurel and the Library Board; WHEREAS, in relationship to the issues that have arisen related to insurance for the Library and the Library Board, and substantial legal precedent through the State of Montana, it is clear that both the City of Laurel and the Library Board need to have input and decision-making authority in relationship to how personnel decisions are made for library personnel, which includes all decisions related to hiring, discipline, and termination of library personnel; WHEREAS, the Library Board acknowledges and agrees that significant impediments exist that would impair the Library Board from obtaining insurance coverage, if it does not share the rights and responsibilities with regard to personnel management, with the City; 35 WHEREAS, the Library Board is agreeable to specific terms and conditions that allow the City to engage in personnel management decisions, address various employment concerns, as allowed by law, in a collaborative and equal manner; and WHEREAS, to address the ability of the City to provide insurance coverage for the Library, and to make clear the rights and obligations by and between the City and the Library Board, the parties desire to create this Memorandum of Understanding regarding the City and the Library’s respective rights and obligations, specifically as they relate to personnel management, such as to ensure that they are clearly-defined and understood. UNDERSTANDING OF THE PARTIES NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, the parties agree as follows: 1. PURPOSE: The purpose of this Agreement is to provide stability and a framework for the roles, responsibilities and relationships of the City and Library Board as it relates to the efficient operation and management of the Library for the benefit of the community and to address all personnel management obligations, rights, and responsibilities of the City of Laurel and the Laurel Library Board. 2. TERM: This Agreement shall commence effective upon the date executed below. The Agreement will automatically renew for each subsequent year unless one party provides written notice to the other at least ninety (90) days prior to the end of the term, of its intention to not renew the same. 3. OBLIGATIONS OF THE CITY: 3.A. Insurance Coverage: The City agrees to provide property insurance coverage for the City of Laurel Library building and contents, as well as liability and Employment Practices Liability Insurance coverage under the City’s insurance policies with the Montana Municipal Interlocal Authority, upon execution of this Memorandum of Understanding. 4. OBLIGATIONS OF THE LIBRARY BOARD: 4.A. Laws and Regulations: As a tax-supported public library, the Library Board must be aware of and ensure that all laws and regulations which relate to public libraries are properly followed. If any laws and regulations are not followed, the Library Board agrees to fully indemnify and hold harmless the City for any failure to follow such laws and regulations. 5. OPERATION OF THE LIBRARY: 5.A. Library Board Authority: The Library Board shall have the authority to 36 determine the policy for the operation and care of the Library; prepare budgets; authorize expenditures; determine the selection of materials; and negotiate contracts and agreements as set forth in § 22-1-309, MCA. The Library Board agrees to work with the City cooperatively to discuss modifications or changes that will facilitate the efficient operation of the Library for the benefit of the public. The Library Board further agrees to provide the City with timely notice of all policy modifications or changes, including providing any written documentation which accompanies and/or supports such modifications or changes. 5.B. Execution Contracts/Agreements: The City Mayor, with the approval of City Council, shall execute all contracts and agreements for the Library. 5.C. Personnel Management: Pursuant to § 22-1-309(3), MCA, the Library Board agrees to delegate personnel authority as found in § 22-1-310, MCA, to the City as follows: 5.C.1. Library Director. 5.C.1.a. Appointment. Pursuant to the City’s Charter, Article III, and the delegation of authority herein, the City shall have the authority and responsibility for hiring, appointment, termination, and disciplinary proceedings of the Library Director. Appointment and/or termination of the Library Director, however, will be made in consultation with and be confirmed by the Library Board. If any disagreement exists between the City and the Library Board, the City is the ultimate decisionmaker in relationship to the aforementioned obligations. 5.C.1.b. Administrative status. The Library Director shall have the administrative status of a City Department Head and shall report to and be supervised by the City Mayor. 5.C.1.c. Execution of Library operation and policies. The Library Director shall manage the operations of the Library and be responsible to the Library Board for the execution of the Library Board’s policies as authorized by Section 5.A. above. 5.C.2. All Other Library Employees. 5.C.2.a. Pursuant to the City’s Charter, Article III, and the delegation of authority herein, the City shall have authority and responsibility for all personnel matters including but not limited to hiring, termination, and disciplinary proceedings, employee safety, and other conditions of employment for Library employees. 37 5.C.2.b. Supervision/management. The Library Director shall supervise and manage all Library employees, in collaboration with the City Mayor and the Library Board. The Library Director agrees to consult, on a regular basis, with the Civil City Attorney, on any personnel management decisions that may result in liability exposure for the City, including discipline and termination of any employees. 5.D. Building. The City of Laurel Library building is owned by the City. The City agrees to provide day-to-day maintenance and general repair for the building. The Library Board agrees that any rental or use of Library facilities by other entities, organizations, groups, and/or individuals, will comply with the City’s process. 6. INDEMNIFICATION AND HOLD HARMLESS: The City and Library Board agree to a mutual indemnification in which each party will indemnify the other for the negligent acts of its employees, board members, agents and/or subcontractors. Each party shall indemnify, hold harmless and defend the other party, at that party’s own expense, against any and all claims made for any accident, injury, or damage that occurs in, on, or about the Library that is caused by an act or omission of that party’s employee, board member, agent and/or subcontractors. 7. MODIFICATIONS: Any modifications sought to be made to this Agreement shall be agreed to by both parties and will be memorialized in writing, signed by both parties. 8. NOTICE: Any notice required or permitted under this Agreement shall be deemed sufficiently given or serviced if sent by mail or hand delivered to: City of Laurel Attn: City Mayor PO Box 10 Laurel, MT 59044 City of Laurel Library Board Attn: Laurel Library Board PO Box 10 Laurel, MT 59044 Either party may, by written notice at any time during the term of this Agreement, designate a different address to which notices hereunder shall subsequently be sent. Written notice hereunder shall be deemed to have been given as of the time the same is deposited in the United States mail. 9. TIME OF ESSENCE: Time shall be of the essence of this Agreement and all the terms, covenants and conditions hereof shall be performed at or before the times herein set forth. Any forbearance on the part of either party in the enforcement of the terms and conditions of thi s 38 Agreement shall in no way be construed as a waiver of default thereof or waiver of the obligatory effect of such provision. 10. CONSTRUCTION AND BINDING EFFECT: This Agreement shall be construed under the laws of the State of Montana and shall be binding upon and inure to the benefit of the respective parties, their heirs, executors, successors and assigns. 11. SEVERABILITY: If any term of this Agreement should hereafter be declared or becomes void or unenforceable by judicial decree or operation of law, all other terms of this Agreement shall continue to be effective unless the void or unenforceable terms materially defeats the manifest intent and purpose of this agreement. 12. BINDING: This Agreement shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this Agreement, and the parties hereto approve and execute this Agreement. CITY OF LAUREL ____________________________ Dave Waggoner, City Mayor * APPROVED AS TO FORM: ___________________________ Michele L. Braukmann, Civil City Attorney * The City Attorney has provided advice and approval of the foregoing document language on behalf of the City of Laurel, and not on behalf of other parties or entities. Review and approval of this document by the City Attorney was conducted solely from a legal perspective and for the exclusive benefit of the City of Laurel. Other parties should not rely on this approval and should seek review and approval by their own respective counsel. 39 LAUREL LIBRARY BOARD OF TRUSTEES ___________________________ ___________________________ Arthur Vogele, Chair Kate Manley, Trustee ___________________________ ___________________________ Samantha Barnhart, Trustee Lela Schlitz, Trustee ___________________________ Katie Fjelstad, Trustee ___________________________ Nancy Schmidt, Secretary 40 Member:City of Laurel Effective 07/01/2022, libraries and library boards are excluded from coverage for liability, workers’ compensation, and employee benefits in the MMIA programs. However, the MMIA and its board of directors understand the importance of providing these coverages to cities and towns and their respective libraries. As a result, the MMIA has established a process for those member-owners and libraries that desire to have these coverages with MMIA to obtain coverage through an endorsement by meeting specific underwriting criteria. The underwriting criteria includes but is not limited to: Library staff must be employees of the city/town. Library must adopt and adhere to city/town personnel policies. Library agreement must allow input and authority by city/town for personnel decisions such as hiring, termination, discipline, grievances, ADA, harassment prevention, and safety. Agreement between the city/town and library must incorporate the items above. Please indicate below whether City of Laurel intends to seek coverage for the public library through endorsement, and return this form to Britani Laughery at blaughery@mmia.net or via fax to Britani’s attention at 406-449-7440 no later than close of business on 05/16/2022. If no response is received by that date, MMIA will assume coverage is not being sought. For questions, please contact Alan Hulse at 406-495-7014 or Britani Laughery at 406-495-7004. Yes, City of Laurel intends to seek coverage for the public library through endorsement. _________________________________ ______________________________ __________ Authorized Representative (Print Name) Signature Date No, City of Laurel does not intend to seek coverage for the public library through endorsement. _________________________________ ______________________________ __________ Authorized Representative (Print Name) Signature Date MONTANA MUNICIPAL INTERLOCAL AUTHORITY NOTICE OF INTENT FOR PUBLIC LIBRARY COVERAGE 41 MEMORANDUM TO: Mary Rowe City of Miles City FROM: Alan Hulse, CEO DATE: March 30, 2022 RE: Coverage Changes affecting Libraries and Library Boards In Montana, there are various types of public library formations including: city libraries, county libraries, city-county libraries, library districts, and multi-jurisdictional libraries. It has recently come to the MMIA’s attention that regardless of a public library’s formation, the employees may not be employees of the city/town, but rather employees of the library board. That nuance poses a coverage challenge in workers’ compensation and employee benefits as employers cannot insure the employees of another employer. It also poses a coverage challenge in liability as the city/town may not have oversight of employment related matters such as the hiring process, disciplinary process, harassment prevention, workplace safety, etc. From a risk management perspective, insuring something you can’t control is not advisable. In response to these coverage issues, effective 7/1/2022 the MMIA is excluding coverage for libraries and library boards in the liability, workers’ compensation, and employee benefits programs. However, the MMIA and its board of directors understand the importance of providing these coverages to cities and towns and their respective libraries. As a result, the MMIA has established a process for those member- owners and libraries that desire to have these coverages with MMIA to obtain coverage through an endorsement by meeting specific underwriting criteria. The underwriting criteria includes but is not limited to: Library staff must be employees of the city/town. Library must adopt and adhere to city/town personnel policies. Library agreement must allow input and authority by city/town for personnel decisions such as hiring, termination, discipline, grievances, ADA, harassment prevention, and safety. Agreement between the city/town and library must incorporate the items above. It’s important for cities/towns that desire to obtain coverage for their library through MMIA to work with their city/town attorney to meet the underwriting criteria. MMIA must receive notice of intent to obtain or reject coverage for libraries from each city/town by close of business on 05/16/2022 on the enclosed form. If no response is received by that date, MMIA will assume coverage is not being sought. Those cities/towns and libraries that do not desire to maintain coverage for the library with MMIA will need to secure other coverage for liability, workers’ compensation, and employee benefits as of 07/01/2022. For questions or concerns regarding your coverage, please do not hesitate to call me at 406-495-7014. 42 Member:City of Miles City Effective 07/01/2022, libraries and library boards are excluded from coverage for liability, workers’ compensation, and employee benefits in the MMIA programs. However, the MMIA and its board of directors understand the importance of providing these coverages to cities and towns and their respective libraries. As a result, the MMIA has established a process for those member-owners and libraries that desire to have these coverages with MMIA to obtain coverage through an endorsement by meeting specific underwriting criteria. The underwriting criteria includes but is not limited to: Library staff must be employees of the city/town. Library must adopt and adhere to city/town personnel policies. Library agreement must allow input and authority by city/town for personnel decisions such as hiring, termination, discipline, grievances, ADA, harassment prevention, and safety. Agreement between the city/town and library must incorporate the items above. Please indicate below whether City of Miles City intends to seek coverage for the public library through endorsement, and return this form to Britani Laughery at blaughery@mmia.net or via fax to Britani’s attention at 406-449-7440 no later than close of business on 05/16/2022. If no response is received by that date, MMIA will assume coverage is not being sought. For questions, please contact Alan Hulse at 406-495-7014 or Britani Laughery at 406-495-7004. Yes, City of Miles City intends to seek coverage for the public library through endorsement. _________________________________ ______________________________ __________ Authorized Representative (Print Name) Signature Date No, City of Miles City does not intend to seek coverage for the public library through endorsement. _________________________________ ______________________________ __________ Authorized Representative (Print Name) Signature Date MONTANA MUNICIPAL INTERLOCAL AUTHORITY NOTICE OF INTENT FOR PUBLIC LIBRARY COVERAGE 43 File Attachments for Item: 9. Resolution No. R22-19: A Resolution Of The City Council Authorizing The Mayor To Execute A Retention Fee Agreement By And Between The City Of Laurel And Olness & Associates, P.C. 44 R22-19 Approve Retention Fee Agreement by and between the City of Laurel and Olness & Associates, P.C. RESOLUTION NO. R22-19 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A RETENTION FEE AGREEMENT BY AND BETWEEN THE CITY OF LAUREL AND OLNESS & ASSOCIATES, P.C. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Retention Fee Agreement by and between the City of Laurel and Olness & Associates, P.C., a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute Retention Fee Agreement on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of April, 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 26th day of April, 2022. APPROVED by the Mayor the 26th day of April, 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Acting Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 45 26 April 2022 Olness and Associates, PC 2810 Central Avenue #B Billings, MT 59102 Re: Non-Audit Services Agreement By and Between Olness and Associates, PC and the City of Laurel Dear Olness and Associates: On behalf of the City of Laurel, we are engaging the services of Olness and Associates, PC (hereinafter “Olness”) to assist with the Clerk-Treasurer transition by and between the former Clerk-Treasurer and the Acting Clerk-Treasurer. We understand that, as part of the services provided by Olness, Olness will bill the City of Laurel on an hourly professional basis at $175.00 per hour, to be invoiced on a monthly basis, until services are hereinafter discontinued. As part of the transitional professional services provided by Olness, the City understands that Olness will work directly with City Staff in the Finance Department of the City of Laurel to effect training, assist with providing guidance regarding cash and monthly reconciliations, consult on budget processes, and provide direction regarding processes and procedures previously unknown to the Acting Clerk-Treasurer. The City agrees and understands that Olness will not engage in posting any transactions directly to the City’s accounting records, as these will be handled by the Clerk-Treasurer. The City also agrees and understands that the City of Laurel will be fully responsible for ensuring the accuracy and reliability of any non-audit services through the City’s normal review and approval processes. 46 Olness is providing its non-audit services solely on a consultation basis, to assist in training and guidance for City staff during the transition in the Clerk-Treasurer position. With Best Regards, ______________________ Dave Waggoner City of Laurel Mayor 47 File Attachments for Item: 10. Resolution R22-20: A Resolution Of The City Council Authorizing The Removal Of Former City Of Laurel Clerk/Treasurer Bethany Keeler, F/K/A Bethany Langve, From All City Accounts And Adding Acting City Of Laurel Clerk/Treasurer Kelly Strecker To All Such Accounts. 48 R22-20 Approve Removal of Former Clerk/Treasurer from Accounts and Add Acting Clerk/Treasurer to All Accounts RESOLUTION NO. R22-20 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE REMOVAL OF FORMER CITY OF LAUREL CLERK/TREASURER BETHANY KEELER, F/K/A BETHANY LANGVE, FROM ALL CITY ACCOUNTS AND ADDING ACTING CITY OF LAUREL CLERK/TREASURER KELLY STRECKER TO ALL SUCH ACCOUNTS. WHEREAS, City of Laurel Clerk/Treasurer Bethany Keller, f/k/a Bethany Langve, is no longer employed with the City of Laurel as Clerk/Treasurer; and WHEREAS, Kelly Strecker has agreed to act as Acting Clerk/Treasurer for the City of Laurel; and WHEREAS, the personnel change within the Clerk/Treasurer’s Department necessitates that Bethany Keeler, f/k/a Bethany Langve, be removed from all City accounts, while adding Acting Clerk/Treasurer Kelly Strecker to all City accounts, effective upon passage of this Resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana that the Mayor is hereby authorized to remove Bethany Keller, f/k/a Bethany Langve, from all City accounts, and add Acting Clerk/Treasurer Kelly Strecker to all City accounts. Introduced at a regular meeting of the City Council on the 26th day of April, 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 26th day of April, 2022. APPROVED by the Mayor the 26th day of April, 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 51 R22-20 Approve Removal of Former Clerk/Treasurer from Accounts and Add Acting Clerk/Treasurer to All Accounts APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 52