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City Council Packet 02.14.2023
AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, FEBRUARY 14, 2023 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R23-06 NEXT ORD. NO. O23-01 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 January 24, 2023. Correspondence 2. Emergency Medical Services Monthly Report - December 2022 3. Rick Musson Police Commission and Cemetery Commission Resignation 4. Police Monthly Report - January 2023 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 t he Consent 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. 5. Claims entered through February 10, 2023. 6. Approval of Payroll Register's for PPE's ending 1/22/2023 totaling $219,237.99. 7. Approval of Payroll Register for PPE 2/5/2023 totaling $222,359.92. 8. Council Workshop Minutes of September 6, 2022. 9. Council Workshop Minutes of September 20, 2022. Ceremonial Calendar Reports of Boards and Commissions 10. Budget/Finance Committee Minutes of January 24, 2023. 11. Emergency Services Committee Minutes of November 28, 2023. 1 12. Public Works Committee Minutes of December 19, 2023. 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 duration for an indi vidual 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. Scheduled Matters 13. Appointment of Dylan Figg and Collin White to the Laurel Emergency Medical Service. 14. Resolution No. R23-06: A Resolution Of The City Council Authorizing The Mayor To Sign A Memorandum Of Understanding For Operation And Cost Sharing For Public Transportation Services With The Adult Resource Alliance Of Yellowstone County. 15. Resolution No. R23-07: A Resolution Of The City Council Authorizing The Mayor To Accept The Service Order From ClearGov, Inc. And Execute All Related Documents. 16. Resolution No. R23-08: A Resolution Of The City Council Authorizing The Mayor To Execute The Agreement Between The City Of Laurel And The Yellowstone Valley Animal Shelter, For The Provision Of Animal Shelter Services. 17. Resolution R23-09: A Resolution Of The City Council Authorizing The Mayor To Accept The Proposal From In Control, Inc. For City Of Laurel Wastewater Treatment Plant Upgrades And Execute All Related Documents. 18. Resolution R23-10: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Advanced Pump And Equipment, Inc. 19. Resolution R23-11: A Resolution Of The City Council Authorizing The Mayor To Execute An Amendment To Task Order For The Water System Preliminary Engineering Report With KLJ Engineering, LLC. 20. Resolution R23-12: A Resolution Of The City Council Authorizing The Mayor To Consent To Assignment Of Agreement By And Between Exxon Mobil Pipeline Company LLC And Par Pacific Holdings, Inc. 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 community 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 January 24, 2023. 3 4 5 6 7 8 File Attachments for Item: 2. Emergency Medical Services Monthly Report - December 2022 9 Laurel Emergency Services Report created 1/23/23: 2020 2021 1090 requests for service 1228 requests for service 159 times LEMS was unavailable 135 times LEMS was unavailable 72 times AMR was unavailable 34 times AMR was unavailable 288 responses in Ward 5=27% of calls outside of the city of Laurel 318 responses in Ward 5=26% of calls outside of the city of Laurel Recent Month Summary: December 2022: **2 times the QRU responded and the patient refused / no transport to hospital or no patient found 39 responses in Ward 5 = 31 % of calls outside of the city of Laurel Requests 126 Missed Calls 18 = 14% Shortest Delay 11 minutes Longest Delay 41 minutes Average Delay 24 minutes Fire Driver Available 17 times City Driver Available 3 times QRU Response With 1 Provider 9 times ** On A Previous Call 1 time No Crew / Provider Available 7 times AMR Transported or Responded 12 times Red Lodge Transported 0 times HELP Flight Transported 0 times Columbus Transported 0 times Joliet Transported 1 time Park City Transported 0 times Beartooth Ambulance 0 times PD Assisted Pt or Transported 2 times FD Assisted Pt no transport 0 times POV Transport 3 times Refusal 2 times YCSO Transported 0 times MHP Transported 0 times 10 2022 Running Totals January February March April May June July August September October November December Total 2022 Requests 100 84 91 90 97 92 128 97 111 124 98 126 1238 Missed Calls 11 10 9 14 10 16 39 8 16 15 11 18 177 Shortest Delay (minutes) 12 9 2 6 13 5 6 12 3 3 13 11 2 Longest Delay (minutes) 69 63 31 64 80 53 68 55 157 48 42 41 157 Average Delay (minutes) 31 33 20 24 32 25 27 30 35 27 25 24 26 Fire Driver Available 22 27 28 12 18 13 19 16 22 16 15 17 225 City Driver Available 1 3 6 1 2 1 1 0 3 18 QRU Response w 1 Provider 6 5 4 8 7 8 19 1 1 2 5 9 75 On A Previous Call 3 0 1 0 1 1 1 4 3 3 2 1 20 No Crew / Provider Available 2 5 5 3 2 5 21 7 12 10 4 7 83 AMR Transported or Responded 5 6 5 7 5 5 19 4 13 7 6 12 94 Columbus Transported 1 1 0 0 1 1 2 2 1 1 1 0 11 Joliet Transported 0 0 0 0 0 0 4 0 0 1 0 1 6 Park City Transported 0 1 0 0 0 0 1 0 0 0 0 0 2 Red Lodge Transported 0 0 0 0 0 0 0 0 0 0 0 0 0 Beartooth Transported 0 0 0 0 0 1 0 0 0 0 0 0 1 HELP Flight Transported 0 0 0 0 0 0 0 0 0 0 0 0 0 POV Transport 5 0 2 5 4 7 8 0 2 3 2 3 41 PD Assisted Pt or transported 0 1 0 1 0 1 0 1 0 1 0 2 7 FD Assisted Pt no transport 0 0 1 1 0 0 1 1 0 1 0 0 5 YCSO Transported 0 0 0 0 0 0 0 0 0 0 0 0 0 MHP Transported 0 0 0 0 0 0 0 0 0 0 0 0 0 QRU/AMR, Refusal or No Patient 0 1 1 1 0 1 4 0 0 0 2 2 12 Responses in Ward 5 30 25 21 15 30 24 42 24 28 39 34 39 351 Other Reporting Information -working on legal blood draw policy and training -switched our Image Trend reporting system from a paid version to the MT State free version -interviewed EMTs for volunteer positions and working on hiring at least 2 positions -working on recertification training for those needing to renew their license in March - working on updating policy and procedures -will begin working with city attorney on possibility of a mill 11 File Attachments for Item: 3. Rick Musson Police Commission and Cemetery Commission Resignation 12 From:City Mayor To:Civil Attorney; Kurt Markegard; Kelly Strecker; Brittney Moorman Subject:FW: Police Commission, Cemetery Commission Date:Thursday, January 26, 2023 12:23:20 PM Dave Waggoner Mayor City of Laurel, Montana (406) 628-8456 extension 5501 From: Rick and Dawn Musson <rdmusson75@gmail.com> Sent: Thursday, January 26, 2023 11:46 AM To: City Mayor <citymayor@laurel.mt.gov> Subject: Police Commission, Cemetery Commission Dear Mayor, Please accept my resignation from the Laurel Police Commission and the Laurel Cemetery Commission as of January 26, 2023. Rick Musson Dated January 26, 2023 13 File Attachments for Item: 4. Police Monthly Report - January 2023 14 Page 1 of 5 Total Calls Printed on January 31, 2023 [CFS Date/Time] is between '2022-12-19 00:00' and '2023-01-23 23:59' and [Primary Incident Code->Code : Description] All Code : Description Totals 10-15 : With Prisoner 0 0 : Abandoned Vehicle 28 28 : Agency Assist 69 69 : Alarm - Burglary 16 16 : Alarm - Fire 8 8 AMB : Ambulance 116 116 : Animal Complaint 4 4 : Area Check 10 10 : Assault 6 6 : Bad Checks 0 0 : Barking Dog 3 3 : Bomb Threat 0 0 : Burglary 2 2 : Child Abuse/Neglect 0 0 : Civil Complaint 11 11 : Code Enforcment Violation 3 3 : Counterfeiting 0 0 15 Page 2 of 5 Code : Description Totals : Criminal Mischief 7 7 : Criminal Trespass 2 2 : Cruelty to Animals 1 1 : Curfew Violation 8 8 : Discharge Firearm 0 0 : Disorderly Conduct 9 9 : Dog at Large 18 18 : Dog Bite 1 1 DUI : DUI Driver 3 3 : Duplicate Call 1 1 : Escape 0 0 : Family Disturbance 15 15 : Fight 2 2 FIRE : Fire or Smoke 9 9 : Fireworks 0 0 : Forgery 0 0 : Found Property 6 6 : Fraud 1 1 : Harassment 2 2 : Hit & Run 6 6 : Identity Theft 1 1 16 Page 3 of 5 Code : Description Totals : Indecent Exposure 0 0 : Insecure Premises 5 5 : Intoxicated Pedestrian 2 2 : Kidnapping 0 0 : Littering 0 0 : Loitering 0 0 : Lost or Stray Animal 11 11 : Lost Property 3 3 : Mental Health 1 1 : Missing Person 2 2 : Noise Complaint 4 4 : Open Container 0 0 : Order of Protection Violation 4 4 : Parking Complaint 25 25 : Possession of Alcohol 1 1 : Possession of Drugs 1 1 : Possession of Tobacco 0 0 : Privacy in Communications 0 0 : Prowler 0 0 : Public Assist 61 61 : Public Safety Complaint 11 11 17 Page 4 of 5 Code : Description Totals : Public Works Call 21 21 : Report Not Needed 5 5 : Robbery 0 0 : Runaway Juvenile 2 2 : Sexual Assault 5 5 : Suicide 0 0 : Suicide - Attempt 0 0 : Suicide - Threat 4 4 : Suspicious Activity 95 95 : Suspicious Person 11 11 : Theft 23 23 : Threats 9 9 : Tow Call 0 0 : Traffic Accident 21 21 : Traffic Hazard 7 7 : Traffic Incident 8 8 : TRO Violation 0 0 : Truancy 2 2 T/S : Traffic Stop 114 114 : Unattended Death 1 1 : Unknown - Converted 0 0 18 Page 5 of 5 Code : Description Totals : Unlawful Transactions w/Minors 0 0 : Unlawful Use of Motor Vehicle 1 1 : Vicious Dog 1 1 : Warrant 11 11 : Welfare Check 12 12 Totals 852 852 19 File Attachments for Item: 8. Council Workshop Minutes of September 6, 2022. 20 21 22 23 24 25 26 27 28 29 30 File Attachments for Item: 9. Council Workshop Minutes of September 20, 2022. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 File Attachments for Item: 10. Budget/Finance Committee Minutes of January 24, 2023. 49 50 51 File Attachments for Item: 11. Emergency Services Committee Minutes of November 28, 2023. 52 53 54 File Attachments for Item: 12. Public Works Committee Minutes of December 19, 2023. 55 56 57 58 59 60 61 File Attachments for Item: 13. Appointment of Dylan Figg and Collin White to the Laurel Emergency Medical Service. 62 C I T Y O F L A U R E L MONTANA EMERGENCY MEDICAL SERVICES 215 W 1ST ST LAUREL, MONTANA – 59044 OFFICE: (406) 628 – 1611 | DISPATCH: (406) 628 - 8737 January 31, 2023 Dear Mayor and City Council, We are excited to announce that we have 2 EMS providers interested in joining our service as a volunteer. We have interviewed the following people and would be excited to bring them onto our team. - Dylan Figg, EMT. Dylan just received his EMT license. He would love to join our team to help gain the skills necessary to take care of patients in our community. - Collin White, EMT. Collin also recently received his EMT license. He is an Emergency Department Tech at StVs and would love to join our team to help gain the skills necessary to take care of patients . I believe they would both fit in well with our team and be an asset to our service. If the candidates are granted Council and Mayor approval, we will begin conducting their background checks and once completed and approved, we can bring them on the team. Thank you very much for your consideration on th ese candidates. Lyndy Gurchiek, NRP, Director Laurel EMS 215 W 1st Street Laurel, MT 591044 lgurchiek@laurel.mt.gov 406-860-8233 63 File Attachments for Item: 14. Resolution No. R23-06: A Resolution Of The City Council Authorizing The Mayor To Sign A Memorandum Of Understanding For Operation And Cost Sharing For Public Transportation Services With The Adult Resource Alliance Of Yellowstone County. 64 R23-06 Approve MOU Related to Public Transportation Services RESOLUTION NO. R23-06 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING FOR OPERATION AND COST SHARING FOR PUBLIC TRANSPORTATION SERVICES WITH THE ADULT RESOURCE ALLIANCE OF YELLOWSTONE COUNTY. WHEREAS, the City of Laurel (hereinafter “the City”) and Montana and Adult Resource Alliance of Yellowstone County (hereinafter “ARA of YC”) desire to work together to provide public transportation services for residents living within a one-mile radius of the City limits; WHEREAS, the City intends to continue operation of an on-demand service for residents in addition to a regularly scheduled transportation service between the City of Laurel and City of Billings; WHEREAS, the City and ARA of YC desire to avoid duplicating services by coordinating their services and establishing an ongoing process to allow cooperation in the operation of public transportation services; WHEREAS, the City intends to continue operating a public transit system in FY 2023 in cooperation with the ARA of YC to serve residents of the City of Laurel and Yellowstone County; and WHEREAS, the City and ARA of YC believe it to be in both parties’ best interests to execute a Memorandum of Understanding by and between the City and ARA of YC. NOW THEREFORE 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 and ARA of YC, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the MOU on behalf of the City. Introduced at a regular meeting of the City Council on the 14th day of February 2023 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 14th day of February 2023. APPROVED by the Mayor on the 14th day of February 2023. 65 R23-06 Approve MOU Related to Public Transportation Services CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 66 67 68 69 70 71 File Attachments for Item: 15. Resolution No. R23-07: A Resolution Of The City Council Authorizing The Mayor To Accept The Service Order From ClearGov, Inc. And Execute All Related Documents. 72 R23-07 Authorize Service Order and Related Documents with ClearGov, Inc. RESOLUTION NO. R23-07 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO ACCEPT THE SERVICE ORDER FROM CLEARGOV, INC. AND EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED, by the City Council of the City of Laurel, Montana: Section 1: Approval. The Service Order from ClearGov, Inc. (hereinafter “the ClearGov Service Order”), as well as all other respective agreements related to the performance of the services to be provided by ClearGov, Inc., copies attached hereto and incorporated herein, are hereby approved. Section 2: Execution. The Mayor is hereby given authority to accept the Service Order from ClearGov, Inc., as well as execute all necessary agreements for the provision of services by ClearGov, Inc., as reflected in the documents attached hereto and incorporated herein. Introduced at a regular meeting of the City Council on the 14th day of February 2023 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 14th day of February 2023. APPROVED by the Mayor on the 14th day of February 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 73 R23-07 Authorize Service Order and Related Documents with ClearGov, Inc. APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 74 Service Order 2 Mill & Main; Suite 630; Maynard, MA 01754 Created by Kristin Fine Order Date Feb 9, 2023 Contact Phone 972-948-2999 Order valid if signed by Feb 17, 2023Contact Email kfine@cleargov.com Customer Information Customer City of Laurel, MT Contact Kelly Strecker Billing Contact Kelly Strecker Address 115 W 1st St Title City Clerk/Treasurer Title City Clerk/Treasurer City, St, Zip Laurel, MT 59044 Email kstrecker@laurel.mt.gov Email kstrecker@laurel.mt.gov Phone 406-628-7431 PO # (If any) The Services you will receive and the Fees for those Services are... Set up Services Tier/Rate Service Fees ClearGov Setup: Includes activation, onboarding and training for ClearGov solutions Tier 1 ($6,000.00) ClearGov Setup Bundle Discount: Discount for bundled solutions Tier 1 ($(2,400.00) Total ClearGov Setup Service Fee - Billed ONE-TIME ($3,600.00) Subscription Services Tier Service Fees ClearGov Operational Budgeting - Civic Edition Tier 1 ($8,700.00) ClearGov Personnel Budgeting - Civic Edition Tier 1 ($8,300.00) ClearGov Capital Budgeting - Civic Edition Tier 1 ($5,400.00) ClearGov Digital Budget Book - Civic Edition Tier 1 ($4,950.00) ClearGov Transparency - Civic Edition Tier 1 ($4,300.00) ClearGov Budget Cycle Management Bundle Discount: Discount for bundled solutions Tier 1 ($(18,855.00) Total ClearGov Subscription Service Fee - Billed ANNUALLY IN ADVANCE ($12,795.00) ClearGov will provide your Services according to this schedule... Period Start Date End Date Description Setup Jul 1, 2023 Jul 1, 2023 ClearGov Setup Services Initial Jul 1, 2023 Jun 30, 2026 ClearGov Subscription Services To be clear, you will be billed as follows... Billing Date(s)Amount(s)Notes Jul 1, 2023 $3,600.00 One Time Setup Fee Jul 1, 2023 $12,795.00 Annual Subscription Fee Additional subscription years and/or renewals will be billed annually in accordance with pricing and terms set forth herein. Billing Terms and Conditions Valid Until Feb 17, 2023 Pricing set forth herein is valid only if ClearGov Service Order is executed on or before this date. Payment Net 30 All invoices are due Net 30 days from the date of invoice. Initial Period Rate Increase 3% per annum During the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount. Rate Increase 6% per annum After the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount. General Terms & Conditions 75 Appropriations Customer shall have the option to terminate this ClearGov Service Order in advance of any annual renewal in the event that the applicable appropriating body does not appropriate funds for such upcoming renewal period. Customer Satisfaction Guarantee During the first thirty (30) days of the Service, Customer shall have the option to terminate the Service, by providing written notice. In the event that Customer exercises this customer satisfaction guarantee option, such termination shall become effective immediately and Customer shall be eligible for a full refund of the applicable Service Fees. Statement of Work ClearGov and Customer mutually agree to the ClearGov Service activation and onboarding process set forth in the attached Statement of Work. Taxes The Service Fees and Billing amounts set forth above in this ClearGov Service Order DO NOT include applicable taxes. In accordance with the laws of the applicable state, in the event that sales, use or other taxes apply to this transaction, ClearGov shall include such taxes on applicable invoices and Customer is solely responsible for such taxes, unless documentation is provided to ClearGov demonstrating Customer's exemption from such taxes. Term & Termination Subject to the termination rights and obligations set forth in the ClearGov Service Agreement, this ClearGov Service Order commences upon the Order Date set forth herein and shall continue until the completion of the Service Period(s) for the Service(s) set forth herein. Each Service shall commence upon the Start Date set forth herein and shall continue until the completion of the applicable Service Period. To be clear, Customer shall have the option to Terminate this Service Order on an annual basis by providing notice at least sixty (60) days prior to the end of the then current Annual Term. Auto-Renewal After the Initial Period, the Service Period for any ClearGov Annual Subscription Services shall automatically renew for successive annual periods (each an "Annual Term”), unless either Party provides written notice of its desire not to renew at least sixty (60) days prior to the end of the then current Annual Term. Agreement This ClearGov Service Order shall become binding upon execution by both Parties. The signature herein affirms your commitment to pay for the Service(s) ordered in accordance with the terms set forth in this ClearGov Service Order and also acknowledges that you have read and agree to the terms and conditions set forth in the ClearGov BCM Service Agreement found at the following URL: http://www.ClearGov.com/terms-and-conditions. This Service Order incorporates by reference the terms of such ClearGov BCM Service Agreement. Customer ClearGov, Inc. Signature Signature Name Name Bryan A. Burdick Title Title President Please e-mail signed Service Order to Orders@ClearGov.com or Fax to (774) 759-3045 Customer Upgrades (ClearGov internal use only) This Service Order is a Customer Upgrade No If Yes: Original Service Order Date 76 Statement of Work This Statement of Work outlines the roles and responsibilities by both ClearGov and Customer required for the activation and onboarding of the ClearGov Service. ClearGov will begin this onboarding process upon execution of this Service Order. All onboarding services and communications will be provided through remote methods - email, phone, and web conferencing. ClearGov Responsibilities - ClearGov will activate ClearGov Service subscription(s) as of the applicable Start Date(s). ClearGov will create the initial Admin User account, and the Customer Admin User will be responsible for creating additional User accounts. - ClearGov will assign an Implementation Manager (IM) responsible for managing the activation and onboarding process. ClearGov IM will coordinate with other ClearGov resources, as necessary. - ClearGov IM will provide a Kickoff Call scheduling link to the Customer’s Primary Contact. Customer should schedule Kickoff Call within two weeks after the Service Order has been executed. - ClearGov IM will provide a Data Discovery Call scheduling link to the Customer’s Primary Contact. Customer should schedule Data Discovery Call based on the availability of Customer’s staff. - ClearGov will provide Customer with financial data requirements and instructions, based on the ClearGov Service subscription(s). - ClearGov will review financial data files and confirm that data is complete, or request additional information, if necessary. Once complete financial data files have been received, ClearGov will format the data, upload it to the ClearGov platform and complete an initial mapping of the data. - After initial mapping, ClearGov will schedule a Data Review call with a ClearGov Data Onboarding Consultant (DOC), who will present how the data was mapped, ask for feedback, and address open questions. Depending upon Customer feedback and the complexity of data mapping requests, there may be additional follow-up calls or emails required to complete the data onboarding process. - ClearGov will inform Customer of all training, learning, and support options. ClearGov recommends all Users attend ClearGov Academy training sessions and/or read Support Center articles before using the ClearGov Service to ensure a quick ramp and success. As needed, ClearGov will design and deliver customized remote training and configuration workshops for Admins and one for End Users - via video conference - and these sessions will be recorded for future reference. - ClearGov will make commercially reasonable efforts to complete the onboarding process in a timely fashion, provided Customer submits financial data files and responds to review and approval requests by ClearGov in a similarly timely fashion. Any delay by Customer in meeting these deliverable requirements may result in a delayed data onboarding process. Any such delay shall not affect or change the Service Period(s) as set forth in the applicable Service Order. Customer Responsibilities - Customer's Primary Contact will coordinate the necessary personnel to attend the Kickoff and Data Discovery Calls within two weeks after the Service Order has been executed. If Customer needs to change the date/time of either of these calls, the Primary Contact will notify the ClearGov IM at least one business day in advance. - Customer will provide a complete set of requested financial data files (revenue, expense, chart of accounts, etc.) to ClearGov in accordance with the requirements provided by ClearGov. - Customer's Primary Contact will coordinate the necessary personnel to attend the Data Discovery and Data Review calls. It is recommended that all stakeholders with input on how data should be mapped should attend. Based on these calls and any subsequent internal review, Customer shall provide a detailed list of data mapping requirements and requested changes to data mapping drafts in a timely manner, and Customer will approve the final data mapping, once completed to Customer’s satisfaction. - Customer will complete recommended on-demand training modules in advance of customized training & configuration workshops. - Customer shall be solely responsible for importing and/or inputting applicable text narrative, custom graphics, performance metrics, capital requests, personnel data, and other such information for capital budget, personnel budget, budget books, projects, dashboards, etc. 77 File Attachments for Item: 16. Resolution No. R23-08: A Resolution Of The City Council Authorizing The Mayor To Execute The Agreement Between The City Of Laurel And The Yellowstone Valley Animal Shelter, For The Provision Of Animal Shelter Services. 78 R23-08 Approve Agreement with Yellowstone Valley Animal Shelter RESOLUTION NO. R23-08 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF LAUREL AND THE YELLOWSTONE VALLEY ANIMAL SHELTER, FOR THE PROVISION OF ANIMAL SHELTER SERVICES. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement by and between the City of Laurel and the Yellowstone Valley Animal Shelter, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Agreement with the Yellowstone Valley Animal Shelter on behalf of the City of Laurel. Introduced at a regular meeting of the City Council on the 14th day of February 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 14th day of February 2023. APPROVED by the Mayor the 14th day of February 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Michele L. Braukmann, Civil City Attorney 79 CONTRACT FOR SERVICES This Agreement is made this 24th day of January, 2023, between the City of Laurel, Montana ("City"), and Yellowstone Valley Animal Shelter, Billings, Montana ("Contractor"). City and Contractor, in consideration of the material covenants set forth in this Agreement, agree as follows: 1. 2. TERM: This Agreement is effective as of the date of its execution and will begin on July 1, 2023 and terminate on June 30, 2024. The parties may extend this Agreement, by mutual concurrence, for four (4) additional one-year periods, in writing, prior to termination of each term. SCOPE OF WORK: Contractor shall provide the following services: a.Dog Impounds: Contractor agrees to admit and accept responsibility for the care and custody of all dogs impounded at the Contractor facility by personnel of the City and within the City boundaries, subject to the limitations set forth in this Agreement. The Contractor agrees to take reasonable care of such dogs in a manner consistent with good standard practices of animal shelters to include, but not be limited to, providing proper food, water and shelter. 1.It is understood that City has a facility to keep dogs for a 72-hour hold period. Under the terms of this Agreement, City may bring dogs to Contractor for veterinary treatment for illness or injury during this 72-hour hold period. If Contractor determines that such dogs require any vaccinations or other treatment in order to protect the greater population of animals, the Contractor may administer such treatment. 11.All dogs not reclaimed by an owner within City's 72-hour hold period shall become the property of the Contractor. Additionally, all dogs brought to Contractor's facility by the City beyond the City's 72-hour period shall become the property of the Contractor. m.Payment of all boarding fees and surgery costs shall initially be the responsibility of the animal owner. If the dog is not reclaimed within 72 hours, Contractor will notify the City and the dog will be placed for adoption and the unpaid boarding fees and surgery costs shall then be borne by the City. 1v. Any dog impounded for rabies quarantine will be held 10 days from the time of the bite or whatever time is required by the Yellowstone County Health Department, whichever is longer. The City may authorize an earlier release to the owner. No dog will be released from quarantine without a signed Rabies Quarantine Release Form that is provided by the City. PAGE l OF7 80 81 82 83 84 85 86 87 File Attachments for Item: 17. Resolution R23-09: A Resolution Of The City Council Authorizing The Mayor To Accept The Proposal From In Control, Inc. For City Of Laurel Wastewater Treatment Plant Upgrades And Execute All Related Documents. 88 R23-09 Authorize Proposal for WWTP Upgrades RESOLUTION NO. R23-09 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO ACCEPT THE PROPOSAL FROM IN CONTROL, INC. FOR CITY OF LAUREL WASTEWATER TREATMENT PLANT UPGRADES AND EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED, by the City Council of the City of Laurel, Montana: Section 1: Approval. The Proposal (Proposal # QP22121201-06) from In Control, Inc. (hereinafter “the WWTP Upgrade Proposal”), as well as all other respective agreements related to the performance of the services to be provided by In Control, Inc., copies attached hereto and incorporated herein, are hereby approved. Section 2: Execution. The Mayor is hereby given authority to accept the WWTP Upgrade Proposal, as well as execute all necessary agreements for the provision of services by In Control, Inc., as reflected in the documents attached hereto and incorporated herein. Introduced at a regular meeting of the City Council on the 14th day of February 2023 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 14th day of February 2023. APPROVED by the Mayor on the 14th day of February 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 89 R23-09 Authorize Proposal for WWTP Upgrades APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 90 91 92 93 94 95 File Attachments for Item: 18. Resolution R23-10: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Advanced Pump And Equipment, Inc. 96 R23-10 Approve Independent Contractor Service Contract by and between the City of Laurel and Advanced Pump and Equipment RESOLUTION NO. R23-10 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH ADVANCED PUMP AND EQUIPMENT, INC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract by and between the City of Laurel and Advanced Pump and Equipment, Inc., a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Independent Contractor Service Contract with Advanced Pump and Equipment, Inc. on behalf of the City. Introduced at a regular meeting of the City Council on the 14th day of February, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 14th day of February, 2023. APPROVED by the Mayor the 14th day of February, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 97 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 14 day of February 2023, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Advanced Pump & Equipment, Inc., a contractor licensed to conduct business in the State of Montana, whose address is 81 Gold Miner Lane, Unit A, Belgrade, MT 59714, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated January 12, 2023, attached hereto as Exhibit “A” and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of commencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit “A”. SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor eighteen thousand seven hundred and fifty dollars and thirty six cents ($18,750.36) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub - 98 Page 2 of 5 contracts in any dealings between Contractor and any third parties. The City is interested solel y in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39 -71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of de fects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. 99 Page 3 of 5 J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harml ess from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. 100 Page 4 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party’s attorney’s fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party’s authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and ma y not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. 101 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 14th DAY OF FEBRUARY 2023. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Advanced Pump & Equipment, Inc. ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 102 103 104 File Attachments for Item: 19. Resolution R23-11: A Resolution Of The City Council Authorizing The Mayor To Execute An Amendment To Task Order For The Water System Preliminary Engineering Report With KLJ Engineering, LLC. 105 R23-11 Approve Amendment to Task Order for Water System PER RESOLUTION NO. R23-11 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO TASK ORDER FOR THE WATER SYSTEM PRELIMINARY ENGINEERING REPORT WITH KLJ ENGINEERING, LLC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Amendment to Task Order for the Water System Preliminary Engineering Report (PER) (hereinafter “Amendment to Task Order for Water System PER”), by and between the City of Laurel and Engineer KLJ Engineering, LLC, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Amendment to Task Order for the Water System PER, by and between the City of Laurel and Engineer KLJ Engineering, LLC, on behalf of the City. Introduced at a regular meeting of the City Council on the 14th day of February, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 14th day of February, 2023. APPROVED by the Mayor the 14th day of February, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 106 Exhibit K – Amendment to Task Order EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. 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 – Task Order Edition dated 2/9/21. Amendment To Task Order: Water System PER 1. Background Data: a. Effective Date of Task Order: February 9, 2021 b. Owner: City of Laurel c. Engineer: KLJ Engineering LLC d. Specific Project: Water System Preliminary Engineering Report (PER) 2. Description of Modifications a. Engineer shall perform the following Additional Services: Revising engineering analysis of the water system and draft PER, following initial preparation of these items, as a result of receiving flow data and financial information after scheduled time for completion of deliverables as specified in initial Task Order. b. The Scope of Services currently authorized to be performed by Engineer in accordance with the Task Order and previous amendments, if any, is modified as follows: [NA] c. The responsibilities of Owner with respect to the Task Order are modified as follows: [NA] d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: $7,500. e. The schedule for rendering services under this Task Order is modified as follows: Anticipated Completion Date is February 28, 2023 f. Other portions of the Task Order (including previous amendments, if any) are modified as follows: [NA] 3. Task Order Summary (Reference only) a. Original Task Order amount: $54,000 b. Net change for prior amendments: $0 c. This amendment amount: $7,500 d. Adjusted Task Order amount: $61,500 The foregoing Task Order Summary is for reference only and does not alter the terms of the Task Order, including those set forth in Exhibit C. 107 Exhibit K – Amendment to Task Order EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Owner and Engineer hereby agree to modify the above-referenced Task Order as set forth in this Amendment. All provisions of the Agreement and Task Order not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is 12/7/2022. OWNER: ENGINEER: KLJ Engineering LLC By: By: Title: Title: Date Signed: Date Signed: 108 File Attachments for Item: 20. Resolution R23-12: A Resolution Of The City Council Authorizing The Mayor To Consent To Assignment Of Agreement By And Between Exxon Mobil Pipeline Company LLC And Par Pacific Holdings, Inc. 109 R23-12 Authorize Consent of Assignment By and Between ExxonMobil and Par RESOLUTION NO. R23-12 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO CONSENT TO ASSIGNMENT OF AGREEMENT BY AND BETWEEN EXXONMOBIL PIPELINE COMPANY LLC AND PAR PACIFIC HOLDINGS, INC. WHEREAS, ExxonMobil Pipeline Company LLC (hereinafter “ExxonMobil”) and Par Pacific Holdings, Inc. (hereinafter “Par”) have entered into a Sale and Purchase Agreement (hereinafter “the SPA”), dated October 19, 2022, regarding the sale and purchase of certain ExxonMobil assets located in Montana, from ExxonMobil to Par; WHEREAS, as part of the transaction contemplated by the SPA, ExxonMobil desires to assign to Par various holdings, including the right, title, and/or interest in and to the Right of Way Grant between ExxonMobil as Grantee, and the City of Laurel as Grantor, dated August 16, 2011, and recorded in the County Records of Yellowstone County as Document No. 3596013 on August 22, 2011 (hereinafter “the Agreement”); WHEREAS, under the terms of the Agreement, the City of Laurel’s written consent is required in order to assign the Agreement by and between ExxonMobil and Par; WHEREAS, ExxonMobil has requested the City’s written consent to assign, indirectly or directly, all of ExxonMobil’s and or its predecessor or affiliate companies’ rights and obligations, as more particularly described in the SPA; WHEREAS, the City’s rights and obligations related to the Right of Way Grant are not affected by or otherwise altered by the assignment of the rights and obligations under the SPA; and WHEREAS, the City is agreeable to the assignment of its rights and obligations related to the Right of Way Grant and it reserves all of its concomitant rights and obligations. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel, Montana that the City hereby gives consent to the assignment, indirectly or directly, of ExxonMobil’s and or its predecessor or affiliate companies’ rights and obligations, as more particularly described in the SPA, from ExxonMobil to Par, and the Mayor is authorized to execute all legal documents related thereto. Introduced at a regular meeting of the City Council on the 14th day of February 2023 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 14th day of February 2023. APPROVED by the Mayor on the 14th day of February 2023. 110 R23-12 Authorize Consent of Assignment By and Between ExxonMobil and Par CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 111 112 113