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HomeMy WebLinkAboutResolution No. R22-72RESOLUTION NO. R22-72 RESOLUTION APPROVING A MEMORANDU ' OF UNDERSTANDING BY AND BETWEEN THE CITY OF LAUREL AND BEARTOOTH RESOURCE CONSERVATION & DEVELOPMENT AREA, INC. WHEREAS, the Beartooth Resource Cons (hereinafter "the Beartooth RC&D") has been formall, Commerce, Economic Development Administration Economic Development District (hereinafter "EDD"), has been awarded funding to carry out its Comprehe (hereinafter "CEDS"); and ovation & Development Area, Inc. recognized by the U.S. Department of :hereinafter "EDA") as a designated nd as a District, the Beartooth RC&D give Economic Development Strategy WHEREAS, the City of Laurel, as a participating entity in the District, is required to execute a Memorandum of Understanding by and btween the Beartooth RC&D and the Yellowstone County Commissioners, in cooperation with the City of Billings, the City of Laurel, and Big Sky EDA. NOW THEREFORE BE IT RESOLVED, by t e City Council of the City of Laurel, Montana: Section 1: Approval. The Memorandum of U%derstanding (hereinafter "the MOU') by and between the City of Laurel and Beartooth Resou�ce Conservation & Development Area, Inc., a copy attached hereto and incorporated herein, is Section 2: Execution. The Mayor is hereby behalf of the City. Introduced at a regular meeting of the City by Council Member Eaton. PASSED and APPROVED by the City 22"d day of November 2022. APPROVED by the Mayor on the 22"d day R22-72 Approve MOU Related to Beartooth Resource approved. authority to execute the MOU on on the 22"d day of November 2022 of the City of Laurel, Montana on the 2022. OF LA Waggoner, Fly MMIIII AM 1 APPROVED AS TO FORM: ichele L. Braukmann, Civil City Attorney R22-72 Approve MOU Related to Beartooth Resource F.1 MEMORANDUM OF UNDERSTANDING Between Yellowstone County Commissioners, Big Sky Economic Development Authority, City of 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 cooneration wit of Enti ". WHEREAS, The Beartooth RC&D has been formally re( Commerce, Economic Development Administration (EDE Development District (EDD), and as a District, the Beartc carry out its Comprehensive Economic Development Stra a staff person, administrative support and operating costs. based on successful program operation and availability of and hereinafter referred to as "the )gnized by the U.S. Department of ) as a designated Economic ►th RC&D has been awarded funding to -gy (CEDS). This funding will provide This is a continual grant, renewable .'ederal 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 Qividual will convey the needs and economic development goals of the community to the Beartooth RC&D board meetings. Regular board meetings will be held every two months to assess p oject status and evaluate regional economic development needs. NOW THEREFORE IT IS UNDERSTOOD AS ARTICLE 1: SCOPE OF WORK: Beartooth RC&D employs an Economic Development D Comprehensive Economic Development Strategy for the will be allocated consistent with the goals in the CEDS b The board is composed of one representative and an alter local elected officials and local economic development p from this board is essential for meeting the needs of the c Priority will be assigned projects of regional scope or p funding for this position is from EDA, therefore, emph, development planning and projects which have a correl diversification and increased tax base. Matching funds emphasis will be placed on their specified projects. .ctor to assist in the completion of the ve. county region. The Director's time the Beartooth RC&D board of directors. ite from business partners, county and tners from our five county region. Input mmunities in our region. ;cts with strong local leadership. Grant will be on regional economic �n to job creation, economic from participating entities and Annual Evaluation: The performance of the Economic Development District will be evaluated annually by local entities participating on the regional Beartooth RC&D Board. Progress 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 work will be developed with input from the Beartooth 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, 2023, 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 Memorandum of Understanding by modification reference. This Memorandum of Understanding supersedes the prior Memorandum for participation in the Economic Development District. ARTICLE 3: PAYMENT: The Entity's annual contribution will be $4,500.00 as a "Membership" fee plus a per capita assessment of .19 cents per person. These funds will provide the necessary match to obtain the $70,000.00 in federal funds. Entities who do not participate financially in the match requirement will not receive services from the Economic Development Coordinator. The calculated fee for Yellowstone County is $36.257.74. This figure is a total of the $4,500.00 county fee plus $31,757.74 per capita formula using a population of 167,146 as per the 2021 Census data. Yellowstone County's full payment will be separated into a four-way payment system. Each entity within the county will pay a percentage (%) similar to the previous year. Big Sky EDA- 34% or $12,327.63, City of Billings- 36% or $13,052.79, City of Laurel- 6% or $2,175.46 and Yellowstone County- 24% or $8,701.86.. Annually, the Beartooth RC&D/EDD staff will provide a comprehensive report of the past year's activity. A new Memorandum of Understanding will be prepared and a request for the following year's match submitted. Entities will be billed for match funds after January 1, 2023, for the 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 incidentals necessary to complete the work. The Entity or its representatives shall have the right to documents of the Beartooth RC&D, directly relating to compensation hereunder. 5: Reproducible copies of all documents and other materials connection with -the services rendered under this memorai to the Entity -for the. Entity's use whether the project for w The Beartooth RC&D shall be permitted to retain origina drawings and specifications for information, reference ani RC&D endeavors. ARTICLE 6: WARRANTY: The Beartooth RC&D warrants that all services pei degree of skill and care ordinarily exercised in and the nature of.the services and shall conform to all r Understanding. ARTICLE 7: SAFETY: The Beartooth RC&D agrees to fully comply with the Oc 1970, all regulations issued there under and all state laws pursuant thereto. The-Beartooth RC&D shall take all nec services hereunder to prevent injury to persons or damage The Beartooth RC&D agrees to hold in strict confidence a results, or recommendations deemed to be confidential by the Beartooth RC&D in connection with the work under tl Beartooth RC&D warrants and agrees they do not and wil regarding the performance of services'hereunder. ARTICLE 9: APPLICABLE LAW: This Memorandum of Understanding shall be governed in Montana. No changes, amendments or modifications of ai shall be valid unless. agreed to in writing. Venue of any pr Twenty-second Judicial District. ine any books, records, or other when such costs are the basis of )roduced by the Beartooth RC&D in lum of understanding shall be provided ich they are made is executed or not. including reproducible originals, of use in connection with Beartooth herein shall be performed using that ;nt with generally accepted practices for ents of this Memorandum of ational Safety and Health Act of I regulations enacted and adopted iry precautions in performing the property. iy proprietary or other data, findings, the Entity and obtained or developed by is memorandum of understanding. The not have any conflicts of interest all respects by the laws of the State of ry of the terms and conditions hereof c)ceeding arising hereunder shall be the ARTICLE 10: COMPLIANCE WITH.LAWS: The Beartooth RC&D shall in performing the services contemplated 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. 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 changes within the general scope of the Memorandum of Understanding. The Beartooth RC&D to perform such changed services. The Entity's priority list for project work within, their county can be changed at any time. In such case, the District will be informed of this change at the Entity's earliest convenience. ARTICLE 12: TERMINATION: This Memorandum of Understanding may be .terminated in whole -or in part, in writing; by either party in the .event of substantial failure by the other party to fulfill its obligations under this Memorandum of Understanding through no fault of the terminating party, provided that no termination may be 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 the Beartooth RC&D amounts due and unpaid, for services rendered as of the effective date of termination, and the Beartooth RC&D shall provide to the Entity all materials, surveys, reports, data, and other information performed or prepared as of such date. ARTICLE 13: INDEMNIFICATION: The Beartooth RC&D agrees to and does hereby indemnify and save the Entity, its officers, officials and employees, Harmless against and from: 1. Any and all claims and liabilities, including but not limited to costs, expenses, and attorney fees arising from injury to, or death of, persons (including claims and liabilities for care or loss of services in connection with any bodily injury or death). and including injuries; sickness, disease, or death -to Beartooth RC&D employees occasioned by a negligent act, omission, or failure of the 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 the Beartooth RC&D or the Entity caused by a negligent act, omission, or failure of the Beartooth RC&D and; 3. Any fines, penalties, or other amounts assessed against the Entity by reason of the Beartooth RC&D 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 the Beartooth RC&D performance of the services. However, this indemnity shall not 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: The Beartooth RC&D shall maintain and 1. The Beartooth RC&D agrees that its empl designated to work on this memorandum of understandin Compensation provisions. The Beartooth RC&D further incur any costs whatsoever under the Worker's Compens RC&D employees' injury or death while engaged in the c indemnify and hold harmless the Entity for such costs wl to pay to employees of the Beartooth RC&D. 2. Comprehensive general liability insurance damage to property of third persons or other liability due RC&D in the minimum amounts of $500,000 per occurre personal injury; and $500,000 per occurrence/aggregate f required by this section shall be delivered to the Entity w: Agreement. 3. Professional liability errors and omissions $100,000.00. ARTICLE 15: NONDISCRIMINATION: the following types of insurance: lees and particularly the employees are covered by applicable Worker's trees that if the Entity; should legally ion laws by reason of the Beartooth ntract work, the Beartooth RC&D will ;h the Entity may be legally be required Pr bodily injury, death, or loss of or the negligent acts of the Beartooth e and $1,000,000 aggregate for property damage.. Proof of coverage as in fifteen (15) days of execution of this in a minimum amount of The 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: The Beartooth RC&D and the Entity agree that the contractor with respect to the services provided pursuant t Nothing in this Memorandum of Understanding shall be c, employer and employee between the parties hereto. Neith employee of the Beartooth RC&D shall be entitled to any virtue of the services provided under this Memorandum of responsible for withholding or otherwise deducting federa contributing to the state Worker's Compensation program; way to assume the duties of an employer with respect to tl the Beartooth RC&D. Beartooth RC&D is an independent this Memorandum of Understanding. )nsidered to create the relationship of er the Beartooth RC&D nor any benefits accorded Entity's employees by Understanding. The Entity shall not be income tax or social security or for nor shall the Entity be deemed in any e Beartooth,RC&D, or any employee of ARTICLE 17: ASSIGNMENT: The 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 parry 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 the 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 the Beartooth RC&D. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this Memorandum of Understanding the day and year in this instrument first above =written. CI OF LAURE el Dave Waggoner Mayor BEARTOOTH RC&D/EDD Ry6 VanBallegooyen Chairman ATTEST: Date: