HomeMy WebLinkAboutCity Council Packet 08.22.2023
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, AUGUST 22, 2023
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R23-51
NEXT ORD. NO.
O23-03
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 August 8, 2023.
2. Approval of Minutes of August 12, 2023.
Correspondence
3. Police Monthly Report - July 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 the 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.
4. Claims entered through August 18, 2023.
5. Clerk/Treasurer Financial Statements For The Month Of February 2023.
6. Clerk/Treasurer Financial Statements For The Month Of March 2023.
7. Clerk/Treasurer Financial Statements For The Month Of April 2023.
8. Clerk/Treasurer Financial Statements For The Month Of May 2023.
9. Clerk/Treasurer Financial Statements For The Month Of June 2023.
10. Approval of Payroll Register for PPE 8/6/2023 totaling $226,596.79.
11. Council Workshop Minutes of August 1, 2023.
Ceremonial Calendar
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Reports of Boards and Commissions
12. Budget/Finance Committee Minutes of August 8, 2023.
13. Park Board Minutes of August 3, 2023.
14. Public Works Committee Minutes of July 17, 2023.
15. Library Minutes of June 13, 2023.
16. Library Board Members of July 11, 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 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.
Scheduled Matters
17. Resolution No. R23-51: A Resolution Of The City Council Approving The 2023-2026
Collective Bargaining Agreement Between The City Of Laurel And Local Union 316,
American Federation Of State, County, And Municipal Employees, AFSCME.
18. Resolution No. R23-52: A Resolution Of The City Council Approving A Memorandum Of
Understanding For The 2023-2026 Collective Bargaining Agreement Between The City Of
Laurel And Local Union 316, American Federation Of State, County, And Municipal
Employees, AFSCME.
19. Resolution No. R23-53: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With TLC Patriot Septic & Excavation.
20. Resolution No. R23-54: Resolution Authorizing The Mayor To Approve An Agreement With
Savage Cat Rescue, 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 Com munity 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 pe rson’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
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File Attachments for Item:
1. Approval of Minutes of August 8, 2023.
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File Attachments for Item:
2. Approval of Minutes of August 12, 2023.
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File Attachments for Item:
3. Police Monthly Report - July 2023
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Page 1 of 5
Total Calls Printed on July 31, 2023
[CFS Date/Time] is between '2023-07-01 00:00:00' and '2023-07-31 23:59:59' and
[Primary Incident Code->Code : Description] All
Code : Description
Totals
10-15 : With Prisoner 0 0
: Abandoned Vehicle 7 7
: Agency Assist 81 81
: Alarm - Burglary 16 16
: Alarm - Fire 2 2
AMB : Ambulance 87 87
: Animal Complaint 19 19
: Area Check 4 4
: Assault 4 4
: Bad Checks 0 0
: Barking Dog 4 4
: Bomb Threat 0 0
: Burglary 3 3
: Child Abuse/Neglect 0 0
: Civil Complaint 11 11
: Code Enforcment Violation 20 20
: Counterfeiting 0 0
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Page 2 of 5
Code : Description
Totals
: Criminal Mischief 8 8
: Criminal Trespass 9 9
: Cruelty to Animals 8 8
: Curfew Violation 11 11
: Discharge Firearm 1 1
: Disorderly Conduct 20 20
: Dog at Large 23 23
: Dog Bite 4 4
DUI : DUI Driver 17 17
: Duplicate Call 7 7
: Escape 0 0
: Family Disturbance 16 16
: Fight 3 3
FIRE : Fire or Smoke 20 20
: Fireworks 20 20
: Forgery 0 0
: Found Property 15 15
: Fraud 7 7
: Harassment 6 6
: Hit & Run 6 6
: Identity Theft 0 0
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Page 3 of 5
Code : Description
Totals
: Indecent Exposure 0 0
: Insecure Premises 3 3
: Intoxicated Pedestrian 1 1
: Kidnapping 0 0
: Littering 0 0
: Loitering 4 4
: Lost or Stray Animal 17 17
: Lost Property 14 14
: Mental Health 6 6
: Missing Person 6 6
: Noise Complaint 3 3
: Open Container 0 0
: Order of Protection Violation 1 1
: Parking Complaint 20 20
: Possession of Alcohol 2 2
: Possession of Drugs 4 4
: Possession of Tobacco 0 0
: Privacy in Communications 3 3
: Prowler 0 0
: Public Assist 48 48
: Public Safety Complaint 9 9
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Page 4 of 5
Code : Description
Totals
: Public Works Call 17 17
: Report Not Needed 3 3
: Robbery 0 0
: Runaway Juvenile 3 3
: Sexual Assault 2 2
: Suicide 1 1
: Suicide - Attempt 0 0
: Suicide - Threat 3 3
: Suspicious Activity 124 124
: Suspicious Person 9 9
: Theft 25 25
: Threats 9 9
: Tow Call 1 1
: Traffic Accident 16 16
: Traffic Hazard 4 4
: Traffic Incident 27 27
: TRO Violation 0 0
: Truancy 0 0
T/S : Traffic Stop 150 150
: Unattended Death 0 0
: Unknown - Converted 0 0
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Page 5 of 5
Code : Description
Totals
: Unlawful Transactions w/Minors 0 0
: Unlawful Use of Motor Vehicle 0 0
: Vicious Dog 3 3
: Warrant 13 13
: Welfare Check 15 15
Totals 1025 1025
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File Attachments for Item:
11. Council Workshop Minutes of August 1, 2023.
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File Attachments for Item:
12. Budget/Finance Committee Minutes of August 8, 2023.
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File Attachments for Item:
13. Park Board Minutes of August 3, 2023.
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File Attachments for Item:
14. Public Works Committee Minutes of July 17, 2023.
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File Attachments for Item:
15. Library Minutes of June 13, 2023.
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File Attachments for Item:
16. Library Board Members of July 11, 2023.
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File Attachments for Item:
17. Resolution No. R23-51: A Resolution Of The City Council Approving The 2023-2026
Collective Bargaining Agreement Between The City Of Laurel And Local Union 316, American
Federation Of State, County, And Municipal Employees, AFSCME.
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R23-51 Approve CBA 2023-26 (Local 316)
RESOLUTION NO. R23-51
A RESOLUTION OF THE CITY COUNCIL APPROVING THE 2023-2026
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF LAUREL
AND LOCAL UNION 316, AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES, AFSCME.
WHEREAS, the City of Laurel and Local Union 316, American Federation of State,
County, and Municipal Employees, AFSCME (hereinafter “the Union”) have negotiated a
Collective Bargaining Agreement for Years 2023-2026 (hereinafter “the CBA”), which is
subject to approval by City Council and which has already been approved by the Union; and
WHEREAS, the Collective Bargaining Committee, made up of both City personnel and
Union personnel, have agreed that the terms and conditions of the CBA are in the best interests
of both parties.
NOW THEREFORE LET IT BE RESOLVED by the City Council of the City of Laurel,
Montana,
Section 1: Approval. The 2023-2026 CBA between the Union and the City is hereby
approved and effective upon the date written herein.
Section 2: Execution. The Mayor is hereby given authority to execute the CBA on
behalf of the City.
Introduced at a regular meeting of the City Council on the 22nd day of August, 2023, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 22nd day of
August, 2023.
APPROVED by the Mayor the 22nd day of August, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
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R23-51 Approve CBA 2023-26 (Local 316)
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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JULY 1, 2023 -JUNE 30, 2026
AGREEMENT
BETWEEN
THE CITY OF LAUREL
AND
LOCAL 316
AMERICAN FEDERATION OF STATE
COUNTY & MUNICIPAL EMPLOYEES
MONTANA STATE COUNCIL 9
AFL-CIO
REPRESENTING THE
EMPLOYEES OF THE
CITY OF LAUREL, MONTANA
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Contents
AGREEMENT .................................................................................................................................................. 1
ARTICLE I -RECOGNITION .............................................................................................................................. 1
ARTICLE II -UNION SECURITY ........................................................................................................................ 1
ARTICLE III -DUES ASSIGNMENT .................................................................................................................... 1
ARTICLE IV -MANAGEMENT RIGHTS ............................................................................................................. 2
ARTICLE V -NONDISCRIMINATION ................................................................................................................ 3
ARTICLE VI - STRIKES AND LOCKOUTS ........................................................................................................... 3
ARTICLE VII - SENIORITY ................................................................................................................................ 3
ARTICLE VIII -HOURS OF WORK ..................................................................................................................... 5
ARTICLE IX - COMPENSATION ....................................................................................................................... 6
ARTICLE X -HOLIDAYS .................................................................................................................................... 8
ARTICLE XI - ANNUAL VACATION LEAVE ..................................................................................................... 10
ARTICLE XII - SICK LEAVE ............................................................................................................................. 11
ARTICLE XIII - LEAVE WITH OR WITHOUT PAY ............................................................................................ 14
ARTICLE XIV - WORKING CONDITIONS ........................................................................................................ 16
ARTICLE XV - HEALTH, SAFETY AND WELFARE ............................................................................................ 17
ARTICLE XVI - JOB POSTING ........................................................................................................................ 19
ARTICLE XVII – DISCIPLINE ........................................................................................................................... 21
ARTICLE XVIII - GRIEVANCE PROCEDURE .................................................................................................... 22
ARTICLE XIX - SAVINGS CLAUSE................................................................................................................... 25
ARTICLE XX -TERMS, AMENDMENTS, AND MODIFICATIONS OF THE AGREEMENT ................................... 25
CLASSIFICATION APPEAL ............................................................................................................................. 27
ADDENDUM “A” - CLASSIFICATION............................................................................................................. 28
ADDENDUM “B” - WAGES ........................................................................................................................... 29
ADDENDUM “C” - LONGEVITY .................................................................................................................... 31
ADDENDUM “D” – MAXIMUM PENALTIES NOTES FOR 1ST, 2ND & 3RD OFFENSE ......................................... 32
ADDENDUM “E” – DEQ TRAINING PROGRAM ............................................................................................ 34
ADDENDUM “F” – FLEX PLAN CONTRIBUTION ........................................................................................... 36
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AGREEMENT
This Agreement is made and entered into by and between the City of Laurel, Yellowstone County,
Montana, hereinafter referred to as "Employer", and Local 316, American Federation of State,
County, and Municipal Employees, AFL-CIO, Laurel, Montana, hereinafter referred to as
"Union".
WITNESS: In consideration of the mutual covenants herein set forth which have been mutually
agreed to, the Employer and the Union agree to be bound as follows:
ARTICLE I -RECOGNITION
The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees
of the City of Laurel, as listed by classification in Addendum "A", attached and by this reference
made a part of this Agreement as though fully set forth herein, excluding elected and appointed
officials, supervisory employees, management officials, and members of any City Boards or
Commissions.
ARTICLE II -UNION SECURITY
Section 1. Membership Information: The Union shall receive ample opportunity to provide
membership information to Union-represented positions during the employee onboarding process.
The City and the Union shall work together to ensure reasonable access during the onboarding
process through either in-person presentations or other avenues. The Employer agrees to accept
and honor voluntary written assignment of wages or salaries due and owing employees covered by
this Agreement for initiation, reinstatement, and dues. Authorized deductions shall be revocable
in accordance with the lawful terms under which an employee voluntarily authorized said
deductions.
The Union and the City agree that the City may not interfere with, restrain, or coerce employees
in the exercise of right guaranteed in 39-31-201, MCA; and the Union will not coerce or restrain
employees as cited in 39-31-402, MCA. The parties further agree that the City shall direct all newly
hired employees and current employees who have questions and concerns regarding Union
membership to contact the Union-designated representatives.
Section 2. The Union shall indemnify and hold the Employer harmless, for any action that the
Employer takes in response to any written request of the Union, by certified mail, to terminate an
employee for reasons identified in Article II, Section 1.
ARTICLE III - DUES ASSIGNMENT
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Section 1. The Employer agrees to accept and honor voluntary written assignments of wages or
salaries due employees covered by this Agreement for union dues, initiation fees, o r agency shop
fees.
Section 2. The amounts to be deducted shall be certified to the Employer by the Secretary of the
Union, and the aggregate deductions of all employees shall be remitted, together with an itemized
statement, to the Treasurer of the Union within five (5) working days after payroll warrants are
issued.
Section 3. The Union agrees to hold harmless the Employer from any loss or damage arising
from the operation of this Article due to unintentional errors.
ARTICLE IV -MANAGEMENT RIGHTS
Section 1. Rights of the Employer: The Union recognizes that the Employer has the
responsibility and the authority to manage and direct, on behalf of the public, all of the operations
and activities of the Employer to the full extent authorized by law.
Section 2. Management Rights: Public employees and their Representatives shall recognize the
prerogatives of the Employer to operate and manage its affairs in such areas, but not limited to:
(Mont. Code Ann. § 39-31-303)
a. Direct employees;
b. Hire, promote, transfer, assign, and retain employees;
c. Relieve employees from duties because of lack of work or funds or under conditions where
continuation of such work would be inefficient and nonproductive; (MCA 39-31-303)
d. Maintain the efficiency of government operations;
e. Determine the methods, means, job classifications and personnel by which the government
operations are to be conducted;
f. Take whatever actions may be necessary to carry out the mission of the Employer in
situations of emergency;
g. Establish the methods and processes by which work is performed.
h. All powers of Management Rights in the Laurel Public Library apply to the Library
Director, under the supervision of the Library Board of Trustees, except to the extent
otherwise contemplated by Montana law.
Section 3. Effective Laws, Rules, and Regulations: The parties recognize the right, obligation,
and duty of the Employer, and its duly designated officials, to promulgate rules, regulations,
directives, and orders from time to time as deemed necessary in so far as such rules, regulations,
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directives, and orders are not in conflict with the terms of this Agreement. All terms of this
Agreement are subject to the laws of the State of Montana, federal laws, and valid rules,
regulations, and orders of the state and federal government agencies.
ARTICLE V -NONDISCRIMINATION
Section 1. It is agreed between the parties that each will fully comply with applicable laws and
regulations regarding discrimination against any employee or applicant for employment, or any
applicant for Union membership, because of a person's race, religion, color, national origin, age,
marital status, sex or disability.
Section 2. It is further recognized that no employee shall be discharged or discriminated against
by the Employer for such employee upholding Union principles or Union activities.
ARTICLE VI - STRIKES AND LOCKOUTS
Section 1. The Union and those it represents will not engage in any strikes, slow -downs,
withdrawal of services, or any other concerted effort designed to improve the Union's bargaining
position which interferes with the normal operation of the Employer, or which discourages
employees from the full and faithful performance of their duties during the term of this Agreement.
Section 2. There shall be no lockout of employees or any other concerted effort by the Employer
designed to improve the Employer's bargaining position during the term of this Agreement.
Section 3. There shall not be any layoffs due to contracting out of bargaining unit work during
the term of this Agreement.
Section 4. The Union recognizes that the Employer has statutory and other rights and obligations
in contracting for matters relating to municipal operations. The right of contracting or
subcontracting is vested in the Employer. The right to contract or subcontract shall not be used for
the purpose or intention of undermining the Union, nor to discriminate against any of its members.
ARTICLE VII - SENIORITY
Section 1. Seniority means an employee's length of continuous service with the Employer since
his/her last day of hire. Employees may protest their seniority designation through the grievance
procedure if they have cause to believe an error has been made.
Section 2. Seniority within the Employer may be affected by:
a. To be absent from the job due to layoffs will be considered lost time for the purpose of
seniority; however, previous service upon re-employment shall count towards seniority.
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b. To be absent from the job due to a leave of absence without pay that exceeds fifteen (15)
calendar days will be considered lost time for the purpose of seniority; however, previous
service upon re-employment shall count towards seniority.
c. To be absent from the job due to active military leave will not affect seniority. Time spent
in the military service will count towards seniority. After completion of m ilitary service,
the Employer shall re-hire such persons in accordance with applicable federal law.
d. An employee's continuous service for purposes of seniority shall be broken by voluntary
resignation, discharge for just cause, and by retirement.
(1) Union seniority shall also be forfeited when an employee is transferred or promoted
to a position not covered by this Agreement, and upon completion of the
probationary period in the non-union position. Should an employee not covered by
this Agreement apply and be rehired to a position covered by this Agreement, their
seniority shall begin upon the assumption of that covered Addendum "A" position.
e. Absences due to accidental injury in the line of duty shall be considered as time worked
for the purposes of determining seniority and granting of any benefits, which are based
upon seniority covered by this Agreement.
Section 3. The Employer shall recognize seniority and minimum qualifications in awarding
promotions to employees when filling newly-created or vacated positions, and where
qualifications are equal, seniority shall prevail. It is the intention of the parties of this Agreement
that the Employer shall grant preference to the persons already working under this Agreement.
Section 4. Layoffs caused by reduction in force shall be in order of seniority within the City; that
is, the last employee hired shall be the first released. Full-time and part-time employees who are
scheduled to be released shall be given at least ten (10) working days' notice. All recalls to
employment shall likewise be in order of seniority within the City; that is, the last employee
released as a result of reduction in force shall be the first re-hired when the Employer needs
additional employees. The Employer shall notify such employees to return to work on a certain
date and furnish the Union Secretary a copy of such notification, and if the employee fails to notify
the Employer within five (5) working days of his/her intentions to return to work, the employee
shall be considered as having forfeited his/her right to re-employment. No regular established
employee shall be laid off while there are seasonal employees working for the employer.
Section 5. If employer fails to provide ten (10) working days' notice to the employee, and
employee is terminated without cause, under the layoff provisions herein, said employee shall be
granted two (2) weeks' pay at his/her regular pay.
Section 6. Employees may protest their seniority designation through the usual grievance
procedures if they have cause to believe an error has been made.
Section 7. Application of Seniority to Overtime and Call-Outs: Employer agrees that there shall
be one seniority for the purpose of overtime and call-outs within the Public Works Department
and includes distribution, collection, public utilities and maintenance.
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ARTICLE VIII -HOURS OF WORK
Section 1. Workweek: A standard workweek shall consist of forty (40) hours, composed of any
five (5) consecutive workdays immediately followed by two (2) days off. An employee’s
workweek is a fixed and regular recurring consecutive five (5) day period, beginning on the same
day of each seven (7) day period. If the 2 (two) days off provision conflicts with the needed Library
schedule, the librarians have agreed to document an exception upon request by the Library
Director.
a. The workweek hereunder shall begin at 7 a.m. Monday and shall terminate at 6:59 a.m. on
the Monday following.
b. In Public Works, there shall be a shift schedule for Tuesday through Saturday, from 7:00
a.m. to 3:30 p.m., with a lunch period of 11:00 a.m. to 11:30 a.m. Any change in shift must
be agreed upon pursuant to Section 3g (1) herein.
c. The work schedule for Court Clerk III shall be 8:00 a.m. to 5:00 p.m., with a one (1) hour
unpaid lunch. A normal lunch period shall be from 12:00 p.m. to 1:00 p.m. unless court
runs late; in this case, lunch will start at the end of court session and last one (1) hour. The
work schedule for Court Clerk I and Court Clerk II will be determined by work load.
d. The work schedule for the Library will be determined by the Library Director.
Section 2. Workday: A normal workday shall consist of eight (8) continuous hours, except for
a normal lunch period.
Section 3. Work Schedule:
a. The working schedule for all day personnel shall be 7:00 a.m. to 3:30 p.m. for all
departments, except as previously contemplated herein (as it relates to the Court Clerks
and Library personnel), with 1/2-hour unpaid lunch. A normal lunch period shall be from
11:00 a.m. to 11:30 a.m. unless a department has established a different practice for the
1/2-hour lunch.
b. The work schedule for all shift personnel shall be eight (8) continuous hours.
c. Relief personnel will work regular schedules, except when relieving a shift person who is
off on approved leave. In cases of a short back situation, Employer may require the relief
personnel to take an eight (8) hour break when transitioning back to his/her regular shift
for purposes of safety.
d. Relief personnel will assume the days off and the work hours of the person he is relieving,
unless he is only filling in for less than a week.
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e. The sweeper position may have a 3:00 a.m. to 11:00 a.m. shift, Tuesday and Friday, from
approximately April 1 through October 1 of each year. The employee in this position may
be required to eat his/her lunch on the job during these hours. Snowplowing and sanding
shall have a 6:00 a.m. to 2:00 p.m. shift, unless the snow is of such severity as determined
by the Employer to require different hours.
f. All employees shall be scheduled to work on a regular work shift and each work shift shall
have a regular starting and quitting time, except in cases of emergency when life or property
are in imminent danger.
g. Work schedules showing the employee's shifts, workdays, and hours shall be posted on all
department bulletin boards at all times. Except for emergency situations, work schedules
shall not be changed.
(1) In the bargaining unit, the above shifts and/or schedule may be changed by mutual
agreement between the Employer, Union, and the employee(s), except relief
personnel shall work a schedule change for a shift person who is off on approved
leave.
h. The work week, work day, and work schedule set out above may be changed by mutual
agreement between the Union and Employer.
Section 4. Lunch and Rest Periods:
a. All employees shall be granted a lunch period during each work shift consisting of more
than four (4) hours. Whenever possible, the lunch period shall be scheduled at the middle
of each shift at a time designated by their supervisor. Shift workers may be required to eat
their lunch on the job during their regular working hours.
b. Two rest breaks of fifteen (15) minutes are provided, one in each half of the workday. The
time and place of the rest period shall be determined by the supervisor.
ARTICLE IX - COMPENSATION
Section 1. Salaries, Wages, and Longevity:
a. The Employee Classification and conditions relative to and governing wages, salaries, or
extraordinary pay rates are contained in Addendum "B" to this Agreement, which is
attached to and by this reference made a part hereof as though fully set forth herein.
b. Longevity pay benefits are contained in Addendum "C" Longevity Plan, which is attached
and by this reference made a part hereof as though fully set forth herein.
c. It is mutually agreed between the parties that compensation will be paid on or before 9:00
a.m. every other Friday following completion of the work period.
Section 2. Overtime:
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a. Employees required to work in excess of eight (8) hours in any twenty-four (24) hour
period or in excess of forty (40) hours in any week will be compensated at the rate of one
and one-half (1½) times their normal rate for additional time worked. In addition,
employees who are required to work in excess of sixteen (16) hours in any twenty-four
(24) hour period will be compensated at the rate of two (2) times their normal rate of pay.
The Employer may call in a new crew to replace a crew that has worked sixteen (16) hours
in a twenty-four (24) hour period.
b. An employee shall receive short back pay of 16 hours (double time) at their regular rate of
pay if they are scheduled to work with less than 8 hours rest period between shifts in a 24-
hour period to receive 40 hours within the workweek. Short back pay does not apply to an
overtime situation.
c. No overtime shall be worked without the approval of the supervisor.
d. Employees shall not be required to suspend work during regular hours to absorb overtime.
e. Overtime shall be paid in half hour (1/2) hour increments as follows:
0-30 minutes = 1/2 hour
31-60 minutes = 1 hour
f. When computing overtime, sick leave or vacation time taken during the workweek will be
considered as time worked.
g. An overtime list shall be maintained every week and posted in each department for the
purpose of allowing the employees working in that department to have the option of
working available call-out overtime.
h. Employees of each department, who are willing to work call-out overtime hours, shall sign
the overtime list, in order of seniority in their department and will be called out to work
available call-out overtime hours in rotating order. First name on the list will be called first,
then the second name, etc. In the event that person whose name appears on the list refuses
the overtime, he/she will be skipped until his/her name comes back around. Employees
may, at their discretion, put their name on or off the list. When putting their name on the
list, it will be put on in placement of seniority. If sufficient numbers of workers are
unavailable, the supervisor shall call out employees in inverse order of seniority for call
out situations only. In such an event, the least senior qualified employee shall be required
to work the designated overtime. A new list will be posted on the first working day of each
six (6) months. In the event management does not call in the rotating order on the call out
list, grieved employee can file a time slip.
a. Three Strikes: If management attempts to call out an employee and the employee
declines the call out three times, that employee with be removed from the call out
list for six months.
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i. It is not the intention of the parties to have employees work overtime in departments or
positions for which they are not trained, licensed, or qualified. Overtime worked in
departments other than the department in which the employee works shall not be allowed
except in preventing the layoff of full-time employees or in bona fide emergency and at
the explicit direction of the Employer.
j. There will be four call out lists: Maintenance/Mechanic, Water, Sewer, and Utilities by seniority.
Management has the discretion to apply the lists as necessary for the business of the City.
Employees who are called out may be utilized in other areas for a specific job if qualified.
k. There shall be no compounding or pyramiding of overtime pay, holiday pay, or premium
pay, and only the highest applicable rate will be paid.
l. In departments if the relief is not available to work, the employee on his/her day off will
be called first to work the available overtime from the call-out list. If the employee on
his/her day off is not available, then the other employees may split the shift or part of the
shift as agreed to by the employees within each department. “If an employee is working
on a task that carries them into overtime hours, and management approves, the employee
is provided the option to continue on the task before another employee is called out.”
m. Scheduled overtime may be offered by seniority first and then by inverse seniority if
numbers of employees are not achieved.
Section 3. Compensatory Time: Employees under this Agreement may receive compensatory
time in lieu of overtime payment in compliance with provisions of the Fair Labor Standards Act,
as amended, and guidelines set down will be operative in all respects.
Employees may bank up to one hundred (100) hours of comp time each year . Comp time may be
cashed out twice per year with deadlines of last payroll in May and last payroll in November (time
tickets are due Monday at 8:00am the week before pa yroll). Requests must be in writing to the
payroll clerk (utilizing the form provided by the City), and any amount of available hours may be
requested.
Section 4. Call-Outs: Each and every call-out will be for a minimum of two and one-half (2 ½)
hours pay. All time worked will be compensated at one and one-half (1 ½) times the regular rate
of pay. The actual time spent in travel to and from the job during the call -out will be considered
as time worked. When employee leaves Employer's premises, call-out is over.
Section 5. Persons on vacation or sick time will be skipped for call-outs. Such person will be
skipped during said call-out and retain position they had on the list.
ARTICLE X -HOLIDAYS
Section 1. Employees will receive straight time pay at their basic hourly wage for each of the
following named holidays:
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1. New Year’s Day January 1st
2. Martin Luther King Day 3rd Monday in January
3. Presidents’ Day 3rd Monday in February
4. Memorial Day Last Monday in May
5. Independence Day July 4th
6. Labor Day 1st Monday in September
7. Columbus Day 2nd Monday in October
8. Veterans’ Day November 11th
9. Thanksgiving Day 4th Thursday in November
10. Christmas Day December 25th
11. State General Election Day When applicable
Any day declared a legal holiday by the President of the United States and the Governor
of Montana, with the concurrence of the Mayor of the City of Laurel. All accumulation of
holiday pay shall be in accordance with the Montana Operations Manual (MOM).
Section 2. Part-time employees shall receive holiday pay on a pro-rated basis, based on their
average hours worked.
Section 3.
a. If any holiday falls on Sunday, the Monday following is a holiday, as provided in 1-1-216
MCA. When a holiday falls on a Saturday, the holiday shall be observed on the preceding
Friday, except as provided for in ARM 2.21.620(3).
b. The employee shall receive holiday benefits and pay for work performed on the day the
holiday is observed, unless the employee is scheduled or required to work on the actual
holiday. If the employee is scheduled or required to work on the actual holiday, the actual
holiday shall be considered as the holiday for the purpose of calculating holiday benefits
and pay for the work performed on a holiday. The employee will receive either holiday
benefits for working on the day the holiday is observed or for working on the actual
holiday, but not both.
Section 4. Work performed on the holiday will be paid at one and one-half (1 ½) times the regular
rate of pay for hours worked in addition to holiday pay, unless the employee has elected to
accumulate such holiday in accordance with Section 6. Holiday pay is for eight (8) hours. An
employee who is scheduled for a day off on a day which is observed as a legal holiday shall be
compensated for either on a straight time basis, by accumulation, a regular day's pay or another
day off.
Section 5. If a holiday falls on an employee's annual vacation, or while an employee is on
approved sick leave, the employee shall be compensated by either receiving eight (8) hours pay at
their regular straight time rate of pay or by a one-day extension of their vacation leave, at the
employee's option, and not be charged as sick leave or vacation.
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Section 6. Employees may accumulate up to fifteen (15) holidays to be taken by request and
granted time off by the immediate supervisor. After fifteen (15) days have been accumulated, the
employee must accept pay for the holiday worked. The dates when employee's accumulated
holiday leaves shall be granted shall be determined by agreement between each employee and their
immediate supervisor, with regard to seniority, in the best interest of the Employer, as well as in
the best interest of each employee.
Section 7. The Library Director shall determine what day of the week a holiday will be
effectively documented on in regards to compensation and day off work.
ARTICLE XI - ANNUAL VACATION LEAVE
Section 1. Each full-time employee earns paid vacation as follows:
Work day credit per year*
1 day through 10 years 15
11 years through 15 years 18
16 years through 20 years 21
21 years and over 24
*Based on an eight (8) hour day
An employee is not entitled to any vacation leave with pay until they have been continuously
employed for a period of six (6) calendar months. An employee working nine or more months each
year, but whose continuous employment is interrupted by the seasonal nature of the position, shall
earn vacation credits after completing the six (6) month qualifying period.
In order to qualify, such employee must immediately report back for work when operations resume
in order to avoid a break in service.
Section 2. A part-time employee is entitled to pro-rated vacation benefits after working the
qualifying period of six months.
Section 3. Vacation credits may be accrued to a total not to exceed two (2) times the maximum
number of days earned annually at the end of any calendar year. Any accumulation of annual
vacation leave in excess of this total at the end of the calendar year must be used in the first 90
days of the next calendar year or be forfeited.
Section 4. Annual vacation for purposes of the Annual Vacation Calendar/List is defined as:
Annual Leave (banked and anticipated under the CBA). Annual Leave f or the purposes of the
Annual Vacation Calendar/List does not include Compensatory Time or Personal Leave Hours.
Vacations must be requested in writing and approved by the department head. The annual vacation
shall be requested by March 1st for each twelve (12) month period and entered on the department
vacation calendar. Vacation time may be split. The practice for documenting Annual Leave on the
Annual Vacation Calendar/List shall include four lists: Water Plant, Sewer Plant, Utilities,
Maintenance Shop. Any conflict in schedules will be determined by seniority, the Employer's best
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interest, and the best interests of the employee. There may be two (2) people allowed off at one
time from June 1st through September 30th and three (3) people allowed off from October 1st
through May 31st within the Public Works Maintenance Department. There may be one (1) person
allowed off from June 1st through September 30th and two (2) people allowed off from October
1st through May 31st within the Public Works Utility Department. All parties concerned have ten
(10) working days from the time the approved vacation list is posted to make corrections. Vacation
requests after March 1st shall be on a first come, first served basis. If vacation leaves have been
approved by all parties concerned and granted, seniority cannot affect or change the leave.
Cancellation Policy: Employees must provide management with two (2) weeks’ notice to cancel
dates from the Annual Leave Calendar/List, otherwise the employee seeking the cancellation, if
not approved by Management, will be required to utilize the previously-identified vacation dates.
Management may use its discretion to make exceptions to this policy for emergency situations.
Section 5. Leave Requests and Responses: Employee must submit leave request for more than
four (4) consecutive days at least seven (7) days prior to the requested leave. Employer shall
respond no later than five (5) working days prior to the leave requested. Employee must submit
leave request for less than four (4) days at least two (2) days prior to the requested leave. Employer
shall respond no later than one (1) working day prior to the leave requested.
Section 6. Vacation leave shall not accrue during a leave of absence without pay, the duration of
which exceeds fifteen (15) days.
Section 7. Leaves of absence without pay may be used to extend regular vacation with prior
approval of the employee's immediate supervisor.
Section 8. An employee who terminates his/her employment with the Employer shall be entitled,
upon the date of such termination, to cash compensation for any unused vacation leave, assuming
that the employee has worked the qualifying period set forth in Section 1.
In the event, however, an employee transfers between departments of the Employer, there shall be
no cash compensation paid for the unused vacation leave. In such a transfer, the receiving
department assumes the liability for the accrued vacation credits transferred with the employee.
Section 9. In the event of the death of an employee, unused earned vacation time shall be paid to
the employee's heirs at his/her regular rate of pay providing the proper forms designed by the City
Clerk/Treasurer's office have been signed and are in the employee's file.
Section 10. Vacation charges and credits shall be charged to the nearest full hour.
Section 11. The Employer shall not terminate or separate an employee from employment in an
attempt to circumvent the provisions of this Article. Should any question arise under this Article,
it shall be submitted to the grievance procedures.
ARTICLE XII - SICK LEAVE
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Section 1. Sick leave means a leave of absence with pay for sickness suffered by an employee
or his/her immediate family. Sick leave is the necessary absence from duty caused when an
employee has suffered illness, injury, pregnancy, or pregnancy-related illness, exposure to
contagious disease that requires quarantine, or the necessary absence from duty to receive medical
or dental examination or treatment.
Section 2. Each full-time employee of the Employer is entitled to and shall earn sick leave credits
from the first full pay period of employment. For calculating sick leave credits, one (1) day per
month up to twelve (12) working days per year sick leave at regular pay. Proportionate sick leave
credits shall be earned at the rate of twelve (12) working days for each year of service without
restriction as to the number of working days he/she may accumulate.
Section 3. An employee may not accrue sick leave credits during a continuous leave of absence
without pay that exceeds fifteen (15) working days. Employees are not entitled to be paid for sick
leave under the provisions of this article until they have been continuously employed for ninety
(90) days. Upon completion of the qualifying period, the employee is entitled to the sick leave
credits he/she has earned.
Part-time employees receive pro-rated sick leave credit. Temporary and seasonal employees are
entitled to sick leave benefits provided they have worked the qualifying period.
Section 4. An employee who terminates employment with the Employer is entitled to a lump
sum payment equal to one-fourth (1/4) of the pay attributed to the accumulated sick leave. The pay
attributed to the accumulated sick leave shall be computed on the basis of the employee's salary or
wage at the time the employee terminates their employment with the Employer.
However, when an employee transfers between departments, the employee shall not be entitled to
a lump sum payment. The department receiving the transferred employee shall assume
responsibility for the accrued sick leave.
An employee who receives a lump sum payment pursuant to this article and who is re -employed
by the Employer shall not be credited with any sick leave for which he/she has previously been
compensated.
Sick leave charges in excess of earned sick leave credits may be charged to earned and available
leave or leave without pay at the employee's option with the department head's approval.
Section 5. Sick leave is for the benefit of the employee or his/her immediate family members
who are sick and is not intended to be additional time off with pay. Abuse of sick leave or the
falsification of illness, injury, or other authorized claim misrepresenting the actual reason for
charging an absence to sick leave, or the use of sick leave for any unauthorized purposes, become
cause for termination. The Employer must be able to substantiate any charges of sick leave abuse
that result in the employee's dismissal.
Section 6. Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth,
and recovery are, for all job-related purposes, temporary disabilities and should be treated as such
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under any health or temporary disability insurance or sick leave plan available in connection with
employment.
Any holidays that fall during a period that an employee is on sick leave will be charged as a holiday
and not taken off the total accumulated sick leave.
An employee on sick leave shall inform management of the fact as soon as possible.
After the third consecutive day of sick leave, a medical certification may be required by the
Employer. If the Employer requires a medical certificate, the Employer will pa y the cost of such
certificate.
Section 7. Sick Leave pertaining to shift personnel:
a. Relief person will work for an employee who is on sick leave unless it is an overtime
situation; then the Employer will follow the call-out list.
b. Employees working during another employee's illness, if an overtime situation, will submit
extra time to their supervisor on the daily time report, which will be paid at one and one-
half (1 ½ ) times their hourly rate.
c. Shift personnel on sick leave will inform the plant operator as soon as possible to cover
shift, and document with management by the following morning.
Section 8. Sick leave charges and credits shall be charged to the nearest full hour.
Section 9. Employees covered by the Montana Workers' Compensation Act are entitled to
benefits administered under the provisions of said Act when they suffer injury or illness as a result
of their employment. An employee may elect to use their accrued sick leave credits to supplement
their Montana Workers' Compensation payments, but not to exceed their normal expected pay, in
accordance with applicable laws of the State of Montana.
Section 10. In the event that an employee becomes incapable of performing the duties of his/her
regular position through occupational illness or industrial accident, the Employer may transfer the
employee without loss of pay to a position for which he/she is qualified, provided the change can
be accomplished without displacing another employee.
Section 11. Emergency Sick Leave:
a. Emergency sick leave is defined as a necessary absence due to (1) the illness of a member
of the employee's immediate family; or (2) the death of a member of the employee's
immediate family.
b. An employee's immediate family includes: spouse, children, parents, grandparents,
grandchildren, brothers, sisters, in-laws, step relatives, household dependents, and all the
same relation of the employee's spouse.
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c. Emergency sick leave charged against an employee's sick leave credits shall not exceed a
total of five (5) working days per illness in the immediate family. In addition, emergency
sick leave charged against an employee's sick leave credits shall not exceed a total of five
(5) workdays for each death in the immediate family.
ARTICLE XIII - LEAVE WITH OR WITHOUT PAY
Section 1. Military Leave: Upon formal request, either oral or written, for military leave, a
regular or temporary full-time employee, who is a member of the organized state militia or the
reserve military forces of the United States, and who has satisfactorily completed six (6) m onths
of employment, is eligible to receive up to fifteen (15) working days, with pay, per calendar year
of military leave. Any part-time employee meeting the above requirements is eligible to receive
pro-rated military leave. The employee will submit a copy of their military orders, upon receipt,
to the Employer to substantiate such leave request.
An employee who has not completed six (6) months of employment is not eligible to receive
military leave with pay; however, he/she will be given leave without pay to attend cruises,
encampments, or other similar training upon formal request, either oral or written, for such leave.
The employee will submit a copy of their military orders, upon receipt, to the Employer to
substantiate such leave request.
Section 2. Family Medical Leave: Subject to any changes that may occur to the Family and
Medical Leave Act, as amended, during the course of this Agreement, after completion of fifty-
two (52) weeks employment, and a minimum of 1250 hours worked in the year preceding the
leave, unpaid leave, not to exceed twelve (12) workweeks in a twelve (12) month period for reasons
of bona fide serious health condition, child or family care, or other allowable care, may be granted.
All leaves are to be requested in writing and shall state the reason for the leave and the date desired.
A doctor's certification may be required for any medical or family leave. All leaves shall be granted
only in writing by the CAO/Mayor. Upon the expiration of the leave, or upon notification of intent
to return, the employee will be returned to their original position, or one equivalent in the
employee's classification. Notwithstanding the provisions of the Family Medical Leave Act
(FMLA), the reinstatement of an employee returning from FMLA leave shall not displace any
bargaining unit employee, or limit another employee's hours of work, who was a member of the
bargaining unit upon commencement of such leave, except as may be mutually agreed to by the
Union and the Employer.
While on a family medical leave of absence, any employee benefits will be continued in the same
manner that would have been provided had the employee not taken any leave. If the employee fails
to return from such a leave, the employee may be required to repay such extended benefits.
Section 3. Bereavement Leave: Upon the death of a member of the employee's immediate family,
an employee may be granted up to three (3) working days off with pay. In addition, up to five (5)
additional days of bereavement leave may be charged to sick leave by approval of the CAO/Mayor
or Designee. Days are to be considered eight (8) hours.
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Employees shall be granted leave not to exceed four (4) hours to attend the funeral of fellow
employees.
Section 4. Jury Duty: Each employee who is under proper summons as a juror shall collect all
fees and allowances payable as a result of the service and forward all the fees to the Employer.
Juror fees shall be applied against the amount due to the employee from the Employer. However,
if an employee elects to charge his/her juror time off against annual leave, he/she shall not be
required to remit to the Employer any juror fee, expense, or mileage allowance paid by the Court.
An employee subpoenaed to serve as a witness shall collect all fees and allowances payable as a
result of the service and forward the fees to the Employer. Witness fees shall be applied against
the amount due the employee from the Employer. However, if an employee elects to charge his/her
witness time off against his/her annual leave, he/she shall not be required to remit witness fees to
the Employer. In no instance is an employee required to remit to the Employer any expense or
mileage allowances paid him/her by the court.
The Employer may request the court to excuse the employee from jury duty if they are needed for
the proper operation of the department.
Section 5. Other Leaves With or Without Pay:
a. After satisfactory completion of the probationary period, leaves of absence may be granted
for good and sufficient reason with prior approval of the Employer. Leaves may be used
for personal business requiring the employee's attention and other reasons mutually agreed
upon. Employees may take leave of absence without loss of pay or charge against other
leave and if the work schedule allows. Requests for leave of absence without pay shall be
submitted in writing by the employee to his/her department head. The request shall state
the reason for the leave and the approximate length of time off the employee desires.
b. The Employer may grant reasonable leaves of absence to employees whenever required in
the performance of duties as "Duly authorized representatives of the Union". "Duly
authorized representative" means members of regularly constituted committees and/or
officers of the Union, a list to be supplied to the Employer.
c. Any employee subject to this Agreement, elected or appointed to public office, shall be
entitled to a leave of absence not to exceed one hundred eighty (180) days per year while
such employee is performing public service. Any employee granted such leave shall make
arrangements to return to work within ten (10) days following the completion of the service
for which the leave was granted unless such employee is unable to do so because of illness
or disability certified by a licensed physician.
d. Leave, with or without pay, may be granted for attendance at a college, university or
business school for the purpose of training in subjects related to the work of the employee
that will benefit the employee and the Employer.
Section 6. Personal Leave: Those covered under the working agreement receive 48 hours of
personal leave to be utilized each year of the agreement. Arrangements for this time-off will be
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made with the supervisor. There will be no cash out on personal time and such time is use it or
lose it. Eight hours of the 48 hours of Personal Leave is in lieu of Juneteenth. If the State
Legislature recognizes Juneteenth as a holiday, these eight hours will sunset.
a. Incentive Program: Employees who do not have an unscheduled absence (without a
doctor’s note indicating the necessity of such absence) on a quarterly basis shall receive
an additional 8 hours of personal leave (subject to proration for part-time employees)
added to their leave bank on a quarterly basis. The quarters shall be January through
March, April through June, July through September, and October through December.
Quarters may not be overlapped, for purposes of determining unscheduled absences.
ARTICLE XIV - WORKING CONDITIONS
Section 1. Separations: Employees who terminate their service will be furnished, upon request,
a letter stating their classification, length of service and reason for leaving.
Section 2. Union Bulletin Boards: The Employer will allow the Union to place Union- owned
bulletin boards in convenient places in any work area to be used for Union business.
Section 3. Off-Duty Meetings: Employees shall be compensated at the rate of time and one- half
(1½) their regular rate of pay if required to attend a meeting on their own time. If an employee is
called out for a meeting, such employee shall be paid for a call-out.
Section 4. Education Conference: The Employer agrees that time off with pay may be granted
to an employee to attend an education conference, seminar, or convention with the mutual consent
of the department head and the employee. In the event an employee needs to earn education credits
to maintain a license or certification, which belongs to the employee, the employee will furnish
the Employer in writing the number of credits earned and to which license or certification the
educational credits are to be credited.
a. The parties agree that, in evaluating the necessity of attendance at educational conferences,
Management shall utilize fair and equal evaluation in treatment and training opportunities
and what is in the best interests of the Employer.
Section 5. Past Practices: The Employer agrees to recognize that wages will not be reduced
because of this Agreement. The Employer further agrees that working conditions and benefits
enjoyed by employees will continue by the adoption of this Agreement, subject to budgetary
limitations and analysis of departmental requirements.
Section 6. Visits by Union Representatives: The Employer agrees that accredited representatives
of the American Federation of State, County, and Municipal Employees, AFL/CIO shall have full
and free access to the premises of the Employer at any time during working hours to conduct Union
business, provided that the representative notifies the Public Works Supervisor, Library Director,
or City Hall Official.
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Section 7. Supervisor's Performance of Bargaining Unit Work: No supervisory or management
employee shall perform duties of a bargaining unit employee, except infrequent work of short
duration due to severe emergencies to avoid accident or injury, or to maintain the public's health
and safety. If supervisory or management employee does perform bargaining unit duties,
employees covered by Agreement can file a time slip for said duties. No time slip can be for work
performed during work hours.
Section 8. Commercial Driver's License: If an employee is required to maintain a commercial
driver's license as part of his/her job description, the Employer will pay for the D.O.T. medical
certificate and all monies above the required normal operator's license. Any endorsement not
required by the Employer will be at the employee's expense.
Section 9. Labor Management: The parties agree to meet and establish a Labor/Management
Coordinating Committee. The committee shall establish agreed upon ground rules that govern the
committee’s operations. It is the goal of the committee to meet on quarterly basis.
ARTICLE XV - HEALTH, SAFETY AND WELFARE
Section 1. Montana Workers' Compensation Insurance: The Employer shall maintain and
provide Montana Workers' Compensation insurance on all employees. Each employee must,
within twenty-four (24) hours, verbally if physically possible, or seventy-two (72) hours of the
accident, report in writing to the Employer any personal injuries received in the course of
employment. Each employee must give notification to their immediate supervisor during the work
shift, except in cases of emergency and if the supervisor is not accessible when the accident occurs.
Failure to do so may result in the loss of benefits.
Section 2. Health Plan: The Employer shall provide a health plan available to employees and
their dependents. The Employer shall pay the premium for each employee and their dependents as
follows:
a. The Employer shall maintain an insurance program substantially equivalent to the existing
program as previously approved by the Insurance Committee, unless changed pursuant to
the recommendations of the Insurance Committee, with the following Employer
contribution limitations:
Employee Only $1,010.93/month, with increases equal to the single rate
Employee/Child(ren) $1,100.00/month
Employee/Spouse $1,100.00/month
Employee/Family $1,100.00/month
The Labor Management Committee (LMC) shall discuss all matters of the insurance program and
distribute information to all participants of the program.
Section 3. First Aid Kits: The Employer shall provide and maintain first aid kits in convenient
places in each work area. "Work Areas" shall be determined by the supervisor or lead worker.
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Section 4. Safety: Safety is everyone's business. The Employer will provide and maintain all
safety gear (i.e. hard hats, crash helmets, rain gear, rubber boots, rubber gloves, goggles, and
prescription safety glasses) and all other equipment required by MOSHA. Each employee is to
wear and/or use safety equipment furnished, or required by the Employer, including the use of seat
belts, safety vests, hard hats, hand, eye, and body protection gear as appropriate. All such safety
equipment furnished by the Employer shall be kept in the employee's locker when off duty.
Employer shall issue specific guidelines in the use of safety equipment and safety practices. Failure
to use safety equipment furnished and following safety guidelines may lead to disciplinary action.
Replacement of said safety equipment will be done by mutual agreement between Employer and
employee.
a. City will handle purchasing of safety footwear and retain receipts/documentation. The City
shall only be responsible to pay $200 toward the purchase of safety footwear. Any amount
above the $200 shall be paid by the Employee. If Safety footwear is damaged, in need of
repair, or replacement due to working conditions, the employee must notify supervisor for
repair or replacement. Safety footwear must meet current ANSI standards. Safety footwear
must be worn during work hours.
b. Safety prescription glasses (must meet current ANSI standards) will be provided by
Employer for employees that are in need of prescribed corrective lenses. Prescription safety
glasses will be purchased at the vender chosen by the Employer. Employer authorization
must be given to employee prior to ordering through Employer vender. Employees in need
of new prescription safety glasses due to prescription change will notify Employer.
Employer will cover cost of the new prescription lenses. Employer will provide
prescription safety glasses annually by mutual agreement or every two (2) years.
The Union, Employer, and individual workers shall cooperate in complying with the general safety
standards and special standards as required by the State Department of Labor and Industry,
MOSHA, OSHA, and the Employer's Safety Standards. MOSHA inspections - the Steward from
the work area being inspected may accompany the state representative on any such inspections.
No employee shall be required to perform services that may seriously endanger his/her physical
safety. Refusal by the employee, with valid and substantiated reason, will not warrant or justify
suspension, dismissal, or other disciplinary action.
Section 5. Safety Committee: A Safety Committee shall be established and shall consist of a
Shop Steward from each department, the department heads, the Union president, and the
CAO/Mayor or their designee(s).
The Safety Committee:
a. Shall meet no less than four (4) times each year, or as needed, at a time and place mutually
agreeable.
b. Shall review all on-the-job safety hazards, unsafe equipment, tools, vehicles, and other
unsafe working conditions affecting employees covered by this Agreement.
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c. Shall investigate all reported accidents or injuries occurring in the workplace or involving
Employer equipment or personnel.
d. Shall submit recommendations to the Employer for corrective action as appropriate.
The Employer shall review and take action on all recommendations of the Committee in a timely
manner for the benefit of the health and welfare of all employees.
Section 6. Unemployment Insurance: The Employer shall make all necessary arrangements to
insure that all employees covered by this Agreement will be covered with Unemployment
Insurance.
Section 7. Drug and Alcohol-Free Workplace: It is agreed that all employees are prohibited
from unauthorized use, consumption, distribution, or unauthorized possession of controlled
substances, including but not limited to prescription drugs and medical marijuana (illegal drugs),
or alcoholic beverages while on duty; to unlawfully manufacture, distribute, dispense, possess, or
use a controlled substance, including but not limited to prescription drugs and medical marijuana,
or an illegal drug at the worksite or in any Employer-owned vehicle; or reporting to work under
the influence of medical marijuana or other illegal or prescription drugs and/or alcohol. Employees
who are required to possess a CDL for their positions are subject to this section, as well as all
federal DOT regulations/requirements.
As a condition of employment, each employee must abide by the terms of this policy and notify
the CAO/Mayor of any criminal drug statute conviction for a violation occurring in the workplace
no later than five (5) days after such conviction. In the event the employee is operating in a
department funded in whole or part by a federal grant, the sponsoring appropriate federal agency
will be notified of such conviction within ten (10) calendar days after receiving notice of the
conviction.
Discipline for any violation will be in accordance with the disciplinary procedures that may include
suspension and/or termination. As an alternative to termination, the employee may be referred to
available drug and alcohol abuse assistance or rehabilitation programs.
ARTICLE XVI - JOB POSTING
Section 1. When a new position is created or a vacancy occurs in any existing position listed
under Addendum "A", Employee Classification Program, the Employer shall prepare and furnish
to the union secretary and post in places to be agreed upon by the Employer and the Union stating,
among other things: location and title of position to be filled, a listing of the essential job functions,
principal duties, minimum qualifications, hours of work, assigned days of rest, salary range of the
position, whether the position is a regular established position or temporary (if temporary, how
long it is probable that the position will continue), the starting date of the assignment; last day
when applications will be received and accepted, and to whom the applications shall be filed.
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a. When a vacancy or newly-created position is posted when an employee is on vacation, sick
leave, or any approved leave, the employee has two (2) working days to bid for such
position after he/she returns to work.
b. If a position is vacant due to an employee bidding another position in the City, the position
vacated will be bid as temporary or left vacant until the previous employee has completed
his/her probationary period or posted as vacant.
c. Employer shall post such vacancies in all departments for a period of no less than five (5)
working days.
d. An employee who bids into a new position may not bid into another position until he/she
completes his/her probationary period, unless agreed by the Union and the Employer that
such action is in the best interest of the Employer.
1) Exception: If no employee bids a position, the employee who is serving the
probationary period may bid for the position within three (3) working days after the
closing date of the bid;
2) Exception: If an employee is disqualified by the Employer from their position
during their probationary period and reverts back to the originally-held position,
such employee may then bid other jobs;
3) If more than one employee bids, the procedure for awarding will be the same as for
bidding a position.
e. If no qualified employee bids on a posted position, the Employer may search outside its
current employees for an applicant to fill such position.
f. The Employer shall not bid a vacated position where an employee will be first assigned as
temporary and then regular full-time position unless the Employer is prepared to fill the
fully-funded position within two (2) weeks of the closing date of the final bid. No employee
shall be awarded such a position and be held in their old position for a period that exceeds
two (2) working weeks.
Section 2. The filling of any vacancy through promotion shall be done so in accordance with
Article captioned "Seniority" of this Agreement. Any salary adjustments shall be made in
accordance with Addendum “B”.
Section 3. When a senior employee, who has applied for a posted position, is not assigned the
position, he/she shall upon request, be entitled to be advised in writing the reason he/she did not
receive the assignment. If not satisfied with the reason stated, he/she may invoke the grievance
procedure as outlined in this Agreement.
Section 4. During the transferred employee's training period, the employee has the right to revert
back to their previously held position within the first thirty (30) days of the twelve (12) month
training period. No union employee may revert more than two times in a five-year period.
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a. If a transferred employee does not pass the licensing test in the one (1) year allowed to
meet the job description of said position, the training period may be extended by mutual
agreement of Employer and Union.
ARTICLE XVII – DISCIPLINE
Section 1. Penalties for violations of Policy are outlined in Addendum "D” to this Agreement.
Section 2. If the Employer determines at any time during an employee's initial twelve (12) month
employment probationary period that the service of the probationary employee is unsatisfactory,
the employee may be discharged upon written notice from the Employer without recourse through
the grievance procedures.
Section 3. For the purposes of discipline, Employer may utilize an oral admonishment and written
documentation of the oral admonishment, letters of warning, caution or reprimand. In addition,
notices of suspension (with or without pay) or dismissal must be provided in writing. Employer
may select the form of discipline utilized depending upon the facts and circumstances of the
violation in accordance with Addendum "D" to this Agreement.
Section 4. Written documentation of oral admonishments, letters of warning, caution or
reprimand shall be considered temporary contents of an employee personnel file. Each writing or
letter may be removed and destroyed pursuant to the following procedure:
a. Employee may submit a written request for removal of a letter of discipline one year after
the date of the written letter was issued. The written request shall be submitted to
Employee's immediate supervisor.
b. Employee (accompanied with a union representative if employee wishes) and the
supervisor who authored the letter shall meet within five (5) working days unless extended
by mutual agreement. Employee and supervisor shall discuss the circumstances
surrounding the written disciplinary action and the Employee's conduct since the issuance
of the letter.
c. The supervisor and employee (accompanied with a union representative if employee
wishes) shall request a meeting with the Chief Administrative Officer/Mayor/Library
Director. The meeting must take place within five (5) working days, or extended by mutual
agreement, for the consideration of the employee's request for removal of the letter at issue.
The CAO/Mayor/Library Director shall render his/her decision within five (5) working
days of said meeting or extended by mutual agreement.
d. If the supervisor who issued the written discipline no longer works for the Employer,
employee may file his request with the CAO/Mayor/Library Director for consideration and
processing as provided in this Article.
e. Written documentation of oral admonishments, letters of warning, caution or reprimand
may be retained by the Employer in files other than the employee personnel file only for
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the purpose of preserving evidence for subsequent legal proceedings that the Employer
may be a party to if legal proceeding is filed within the applicable statute of limitation.
Section 5. Employees may inspect and receive copies of any material placed in their personnel
file. Employees may be charged for the cost of copying such materials at the rate set in the Schedule
of Fees and Charges in effect at the time of said request.
Section 6. No disciplinary material may be placed in an employee's personnel file without the
signature or initials of the employee upon it indicating he/she has been shown the material. If an
employee declines or refuses to initial or sign the disciplinary material, Employer may satisfy the
requirements of this Section by noting that the employee refused to sign the disciplinary material
and the date of such refusal.
Section 7. Any disputes under the Article shall be resolved through the Grievance Procedure
contained herein beginning at Step 2 of Section 5 in Article XVIII.
ARTICLE XVIII - GRIEVANCE PROCEDURE
Section 1. Definitions:
“Grievance” is defined as an employee’s alleged violation of a specific term of this Agreement or
an employee’s dispute regarding an interpretation of the Agreement.
“Grievant” shall mean a bargaining unit employee (“Employee”), Union Member, member or
Employer.
“Union” shall mean the Local 316, American Federation of State, County and Municipal
Employees, AFL-CIO
Section 2. Agreement and Purposes:
a. Employer and the Union agree that there shall be no reprisals of any kind against any party
in interest for reasons of participation in the grievance procedure.
b. It is the desire of the Employer and the Union to address grievances informally; both parties
commit themselves to make every effort to resolve problems when they arise. Direct
communication and discussion should result in a full disclosure of acts and a fair and
speedy resolution to most complaints arising out of day-to-day operations. If the grievance
is not resolved informally, the following procedure will apply.
c. Each grievance will be submitted separately except when the Employer and the Union
mutually agree to have more than one grievance handled in one procedure.
d. Grievances by the Employer, should they occur as a result of official Union activities or
actions, shall be presented directly by the City’s CAO/Mayor to the Union President within
fifteen (15) calendar days of the date upon which he/she became aware of the situation
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prompting the grievance. The Union President shall provide a written answer within fifteen
(15) calendar days.
Section 3. Procedures: The following procedures shall be used by a Union member when seeking
relief of his/her Grievance under this agreement.
a. A Grievance not filed or advanced by the Grievant within the time limits provided in this
section shall be deemed permanently withdrawn as having been settled on the basis of the
decision most recently received. Failure on the part of the Employer to answer within the
time limits set forth in any step will entitle the grievant to advance the grievance to the next
step.
b. A Grievance by the Union, after attempting to informally resolve the Grievance, shall be
in writing and commence at Step 3.
Step 1. Public Works Director
An Employee (“Grievant”) who believes he/she has a grievance shall file a written grievance
within a period of fifteen (15) days after the occurrence giving rise to the grievance or after the
failure to informally resolve the grievance. The grievance shall be reduced to writing in the form
of a petition indicating the specific term(s) of this Agreement violated or misinterpreted, facts
supportive of the grievance, and the specific relief sought. The written grievance shall be filed with
the Public Works Director. The Public Works Director shall meet with the grievant and issue a
written decision and disposition of the grievance within fifteen (15) days of the meeting. If the
grievant is a court clerk, he/she shall file his/her grievance with the City Judge for consideration
hereunder. If the grievant is a librarian, they shall file their grievance with the Library Director for
consideration hereunder.
Step 2. Union Member Grievance Presentation to the Union
If the grievant is not satisfied with the decision and disposition through Step 1, the grievant shall
submit the grievance petition to the Union within five (5) calendar day’s receipt of the decision
issued pursuant to Step 1. The Union, upon receipt of the written and signed grievance petition,
shall determine if a valid grievance exists. The Union shall have fifteen (15) calendar days to
provide a response to the Union Member. If the Union determines no basis for a grievance exists,
no further action on the part of the Union is necessary since the grievance shall be considered null
and void. If the Union determines, by a majority vote, that a valid grievance exists the grievance
shall proceed to Step 3.
Step 3. Appeal to the City’s Chief Administrative Officer/Mayor/Library Board
If the grievance remains unresolved and the Union determines a valid grievance exists pursuant to
Step 2, the Union or grievant shall have fifteen (15) calendar days after the Union’s decision in
Step 2, to appeal to the City’s CAO/Mayor/Library Board. The CAO/Mayor/Library Board shall
issue a written decision on the grievance within fifteen (15) calendar days. No Union Member may
take any grievance to Steps 3-5 if the Grievance is not approved or otherwise sanctioned by the
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Union. Upon mutual agreement of the Union and the City, the parties may elect to bypass Step 3
and move directly to Step 4 of the Grievance Procedure.
Step 4. Appeal to the Grievance Committee
The Union and Employer shall utilize a Grievance Committee as provided herein for Appeals of
decisions rendered pursuant to Step 3. The Grievance Committee shall constitute three members.
The Members must include a Union member, an Employer representative and a Mediator from the
Montana Department of Labor and Industry, Board of Appeals, or if unavailable, a neutral third
member agreed upon by both parties. The Grievance Committee for each grievance shall be formed
and selected by random name draw. The Union and Employer shall provide each other the names
of at least three representatives who are willing to serve on the Grievance Committee by January
1 of each year. The Grievance Committee shall include only those members who have not had any
active participation in the current grievance before the Grievance Committee.
The Union President and City’s Chief Administrative Officer shall meet and form the Grievance
Committee by random draw five working days after Step 4 is initiated. The Grievance Committee
shall convene within ten (10) calendar days and shall conduct a hearing where the Union and
Employer may present their arguments and any documentary evidence as part of the record. The
Grievance Committee shall render a decision within fifteen (15) calendar days after the hearing.
The Grievance Committee decision is final unless the Union or Employer elects to proceed to Step
5.
Step 5. Arbitration
The Union and Employer agree to submit to arbitration any grievance which has not been resolved
through the above-enumerated grievance steps and procedures, provided it is submitted within ten
(10) calendar days following the decision of the Grievance Committee. The Union or the Employer
shall notify the other party in writing that the matter is to be submitted to Arbitration.
Note: For Library Employees involved in Arbitration, all instances of “Employer” reference the
“Library Board of Trustees”.
The arbitrator shall be selected by mutual agreement. If a selection is not possible, the Union and
Employer shall jointly request a list of five (5) names from the Montana Board of Personnel
Appeals. The parties shall, within ten (10) calendar days of the receipt of the list, select the
arbitrator by the method of alternately striking names with the parties flipping a coin to determine
who strikes the first name. The final name left on the list shall be the selected arbitrator. The
arbitrator selected will be contacted immediately and asked to start proceedings at the earliest
possible date.
If requested by a party or ordered by the arbitrator, a hearing shall be scheduled by the arbitrator
in consultation with the Employer and the Union. The arbitrator shall issue a decision within 30
calendar days after the conclusion of the proceedings, including filing of briefs, if any. The
arbitrator’s decision shall be final and binding on both parties, but the arbitrator shall have no
authority to extend, alter, or modify this Agreement or its terms, nor imply any restriction or burden
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against either party that has not been assumed in this Agreement. The entire cost of the arbitration,
excluding a party’s attorney fees, shall be paid by the party found in default.
It is the mutually agreed that representatives of the Employer and the Union are the only proper
parties to the arbitration proceedings, and the proceedings shall not be open to the public unless
required to be an open meeting pursuant to law.
The Employer and the Union shall each bear their own attorney fees and expenses incurred through
the arbitration. However, the party deemed unsuccessful, shall pay the cost of the arbitrator.
The time limits, as specified, may be extended by mutual consent of the parties.
ARTICLE XIX - SAVINGS CLAUSE
Should any article, section, or portion thereof, of this Agreement be held unlawful or invalid by
any court or board of competent jurisdiction, such decision shall apply only to the specific article,
section, or portion thereof, directly specified in the decision. Upon issuance of such a decision, the
parties agree to immediately negotiate a substitute for the invalidated article, section, or portion
thereof. Any city ordinance passed subsequent to the adoption of this Agreement that would
contravene the terms of this Agreement shall not apply during the life of this Agreement.
ARTICLE XX -TERMS, AMENDMENTS, AND MODIFICATIONS
OF THE AGREEMENT
Section 1. The provisions of this Agreement shall be retroactively effective to July 1, 2023, and
will remain in full force and effect until June 30, 2026. All provisions of this Agreement may be
opened and negotiations shall commence in February of 2026. During the first week of February,
the CAO/Mayor and the Union President shall meet and schedule the first session with the
assistance of a mediator from the Board of Personnel Appeals to assist with scheduling Interest
Based Bargaining. This Agreement shall automatically renew from year to year thereafter unless
either party gives written notice to the other that it desires to make changes. In the event changes
are desired, the parties shall seek forthwith to arrange a meeting for the purpose of negotiating
changes and shall remain in full force and effect until negotiations are concluded.
Section 2. Neither party to the Agreement shall make unilateral changes in the terms of the basic
Agreement, pending the settlement of the outstanding differences through mutually agreeable
procedures.
In Witness Whereby: The parties, acting by and through their respective and duly authorized
officers and representatives, have set their hands on this , 2023.
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For the City of Laurel: For the American Federation of State,
County and Municipal Employees, AFL-
CIO
CAO/Mayor President, Local #316
City Clerk – Treasurer Local #316 Negotiation Committee
City Negotiation Committee Local #316 Negotiation Committee
City Negotiation Committee Local #316 Negotiation Committee
City Negotiation Committee Local #316 Negotiation Committee
Field Rep., Montana Council #9,
AFSCME, AFL-CIO
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CLASSIFICATION APPEAL
A classification appeal system shall be developed through the Labor Management Committee for
the purpose of permitting employees covered by this Agreement, within the same classification, to
appeal for an upgrade of the entire classification due to additional work duties, responsibilities, or
changing work conditions within that classification.
A committee shall be established comprising three members of the City Council, the CAO/Mayor,
appropriate Department Head, three bargaining unit members, a Library Board of Trustees
Representative, and the City Clerk/Treasurer. This committee will meet to discuss such an appeal
no later than thirty (30) days after such appeal is filed with the CAO/Mayor.
The committee shall hear testimony, examine documents and other pertinent materials and make
their decision and recommendation to the City Council within forty-five (45) days of the
CAO’s/Mayor’s receipt of the appeal. The Committee shall implement its decision beginning on
the following month's first pay period.
All documentation, recommendations, and decisions shall be in writing.
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ADDENDUM “A” - CLASSIFICATION
Grade Classification
1
2
3 Maintenance Worker I
Court Clerk I
4
5 Court Clerk II
6 Utility Maintenance Worker II
Court Clerk III
Maintenance Worker II
Water Plant Operator I
Wastewater Plant Operator I
7 Mechanic
8 Water Plant Operator II
Maintenance Worker III
Wastewater Operator II
Utility Maintenance Worker III
9 Water Plant Chief Operator
Wastewater Plant Chief Operator
Library Classifications are as follows:
Assistant Director
Tech Services Librarian
Library Clerk I
Substitute Clerk
Library Clerk II
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ADDENDUM “B” - WAGES
1. Effective July 1, 2023, each bargaining unit employee shall receive an increase of 5.00%
to their current base rate. Effective July 1, 2024 each bargaining unit employee shall receive
an increase of 4.00% to their current base rate. Effective July 1, 2025, each bargaining unit
employee shall receive an increase of 3.00% to their current base rate.
2. The Employer shall compensate a newly-hired employee at ninety-five percent (95%) of
the base rate for his/her classification grade for the first twelve (12) months of employment.
After employee's successful completion of his/her twelve (12) month probationary period,
the Employer shall compensate employee in accordance with the position's pay schedule.
3. The Employer shall immediately pay a transferred or promoted employee one hundred
percent (100%) of the base rate for his/her classification grade if the transferred or
promoted employee possesses the license(s) or certification(s) required for the position. If
a transferred or promoted employee does not possess the license(s) or certifications(s) for
the position, the Employer shall pay the employee ninety-five percent (95%) of the base
rate for the position until employee successfully obtains the requisite license(s) or
certifications(s). However, the employee promoted into an equivalent or higher-grade
position shall begin at not less than the rate of pay of his/her previous position in the new
grade. If the transferred or promoted employee fails to obtain the requisite license(s) or
certification(s) for the position within one (1) year from the date of his/her transfer or
promotion, the Employer may terminate the employee. Transferred or promoted employee
retains no right to return to his/her former position, unless mutually agreed-upon between
the employee and Management.
4. Employees will receive differential pay of seventy-five cents ($0.75) per hour for the
afternoon shift and one-dollar ($1.00) per hour for the night shift in addition to any other
compensation. If the day shift over lays into the night or afternoon shift by more than two
(2) hours into and/or out of differential hours, said hours shall be paid at the appropriate
differential rate for the actual hours worked.
5. Afternoon shift shall be hours between 3 p.m. and 11 p.m. Night shift shall be hours
between 11 p.m. and 7 a.m.
6. When a qualified employee is temporarily assigned to a higher grade by management, that
employee shall receive the wage rate of the step of the higher grade for the actual hours
worked by the employee in that higher grade.
7. Union employees will be compensated at $0.20/hour per DEQ Certification license with
the appropriate job classification held by Union employee. Candidates that successfully
complete the training program will be compensated $0.20 for up to one license only.
Transferring employees will not lose their $0.20 per hour as long as they transfer to a
position that requires a DEQ license.
8. Wastewater Treatment Plant Operator I wage will be increased by $0.10 per hour based on
the July 1, 2023 rate.
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ADDENDUM “C” - LONGEVITY
Longevity Defined: Longevity means an employee's length of continuous loyal and faithful
service with the Employer, irrespective of classification and/or assignment.
The number of years of longevity shall be computed from the date the employee started continuous
employment with the City of Laurel. This date shall be called "date hired". Longevity raises shall
be computed from the first day of the monthly pay period following the employee's date hired. In
the event an employee has a break in service and returns to employment with the City of Laurel,
said employee will be given a new "date of hire" for longevity purposes.
Longevity pay will be computed as follows: $8.00 per month for each year of service.
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ADDENDUM “D” – MAXIMUM PENALTIES NOTES FOR 1ST, 2ND
& 3RD OFFENSE
1st Offense 2nd Offense 3rd Offense
2.1 Bringing or using unauthorized alcohol or illegal
drugs on City property or work place during working
hours
Dismissal
2.2 Reporting to work intoxicated from alcohol or other
drugs
Referral for
diagnosis
and
treatment
Suspension
or
Dismissal
2.3 False statement on application Dismissal
2.4 Stealing from fellow employees, the public or the
City
Dismissal
2.5 Refusal to do work assigned Dismissal
2.6 Punching another employee’s time card Dismissal
2.7 Intentionally reporting incorrect production or
falsifying records
Dismissal
2.8 Abusive or threatening language to any supervisor or
to any employee
Written
reprimand
3-day
suspension
Dismissal
2.9 Willful destruction on defacing City property Dismissal
2.10 Fighting on city property 3-day
suspension
Dismissal
2.11 Failure to report to your supervisor any accident you
have while at work within current working shift
Written
reprimand
3-day
suspension
Dismissal
2.12 Horseplay Written
reprimand
3-day
suspension
Dismissal
2.13 Unauthorized use of equipment or property Written
reprimand
3-day
suspension
Dismissal
2.14 Leaving the work assignment during working hours
without permission
Written
reprimand
3-day
suspension
Dismissal
2.15 Disregarding starting and quitting time for shifts and
rest periods
Written
reprimand
3-day
suspension
Dismissal
2.16 Unexcused absence or persistent absenteeism Written
reprimand
3-day
suspension
Dismissal
2.17 Abuse of sick leave policy Written
reprimand
3-day
suspension
Dismissal
2.18 Absent of 3 days without notes Dismissal
2.19 Substandard quality of work Written
reprimand
3-day
suspension
Dismissal
2.20 Disobeying safety regulations Written
reprimand
3-day
suspension
Dismissal
2.21 Failing to notify your supervisor that you will be
absent from work that day
Written
reprimand
3-day
suspension
Dismissal
2.22 Sleeping on duty Written
reprimand
Dismissal
2.23 Failure to drive City vehicles in a safe manner Written
reprimand
3-day
suspension
Dismissal
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2.24 Discourteous or degrading service to citizens of the
City
Written
reprimand
3-day
suspension
Dismissal
2.25 Insubordination Dismissal
2.26 Unauthorized distribution of written printed material
of any description
Written
reprimand
3-day
suspension
Dismissal
2.27 Unauthorized solicitation or sales on premises Written
reprimand
3-day
suspension
Dismissal
2.28 Willful violation on written rules, regulations polices
or directives
Written
reprimand
3-day
suspension
Dismissal
2.29 Conviction of a felony Dismissal
2.30 Receiving 3 reprimand letters in 9 months Dismissal
2.31 Receiving 3 suspensions within 9 months Dismissal
2.32 Willful violation of any federal, state or local laws,
excluding traffic
Dismissal
2.33 Any employee required to have a valid drivers’
license or CDL – conviction of DUI and failure to
obtain a work permit
Dismissal
2.34 Any employee required to have a valid driver’s
license or CDL and they fail to maintain insurability
Dismissal
2.35 Failure to follow 49CFR Part 382 of Omnibus
Transportation Employee Testing Act of 1991 and
the DOT policies for CDL drivers
See
specific
Act for
discipline
required
2.35 Sexual harassment or other unwelcome behavior of
another employee or other person
Suspension
or
Dismissal
Dismissal
2.37 Unauthorized possession of firearms on City
property
Dismissal
1. Employees, after completing their initial twelve (12) month probationary period, shall not
be discharged except for just cause.
2. In all cases of suspension or discharge, the employee must be presented with a dated written
statement outlining the reason for such action.
3. As noted, the preceding are maximum penalties, and circumstances will be considered in
actual determination of penalties.
4. No verbal warnings shall be issued without a union representative present.
The foregoing enumeration of rules covering discipline and dismissal is primarily presented here
by way of illustration and shall not exclude the Employer's right to discipline or dismiss employees
for other just causes.
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ADDENDUM “E” – DEQ TRAINING PROGRAM
The City of Laurel and the Union agree that a training program is in the best interest of both parties.
The conditions of the training program are as follows.
1. A DEQ certified training pool will be offered to union employees in advance of future
vacant positions that require DEQ certifications.
2. The DEQ training pool will consist of two (2) positions in each of the following categories:
Water Plant, Sewer Plant, and Water Distribution. If the Montana DEQ requires more
certifications (sewer collection as one example) in the future, the new category will also
become eligible.
3. On July 1st of each contract year, the Public Works Director will post vacant categories in
the DEQ training pool on the city/union bulletin boards for up to 14 days. A Union
employee who desires to bid must submit his/her bid prior to 5:00 p.m. on the 14th day.
Union employees may only bid one vacant position unless a vacancy remains after all
Union employees have had the opportunity to bid. Employees that are on approved
vacation or sick leave will be given an opportunity to bid upon their return.
4. Vacancies in the DEQ training pool will be awarded by Union seniority by hiring date. All
Union employees covered by this contract are eligible to bid and for the training program.
5. Results of the Union employees selected for the training pool will be posted within 5
business days.
6. Selected training pool applicants will have 12 months to take and pass their respective
certification test as administered by the Montana DEQ. In the case of failure to achieve the
certification within 12 months, the pool applicant will be released from the training
program to allow a vacancy for another Union employee to have the opportunity to enter
the training program.
7. Training for the DEQ certifications may include working in the respected areas in order to
become familiar with the operation, maintenance, and the terminology used in those areas.
Training may include a shift change.
8. Upon completion of the training program with a successful DEQ certification, employee
will receive the current agreed upon additional compensation for obtaining and possessing
a current DEQ certification.
9. Certified employees not currently holding a certified position must bid vacant job openings
in the areas or categories for which they hold certifications or they shall forfeit their
additional compensation. Employee(s) do not forfeit the compensation if they are not
awarded the vacant position due to a senior employee with the same certification(s) being
selected for the vacant position. Training pool employees who fail to bid, for whatever
reason, on a vacant position(s) as required, shall also forfeit any future openings in their
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respected areas or categories for a period of five (5) years. Certified employees that are
awarded the vacant position may not revert to their previous position however they shall
be compensated 100% of the current wages for the position.
10. If a vacancy opens in one of the above-mentioned areas or categories and no certified
employee exists, the City shall give a preference to Union employees who are participants
in the training program over employees that are not in the training program, regardless of
seniority. If there are no certified employee(s) or employees enrolled in the training
program, the vacant position will be bid as outlined in the Contract for job posting.
11. City shall pay for training materials, certification testing, and continuing education credits
for all DEQ certifications. Certified employees shall maintain their certification or
immediately forfeit their right to the additional compensation in addition to the City
releasing them from the training pool.
12. Compensation shall be paid pursuant to Addendum B.
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ADDENDUM “F” – FLEX PLAN CONTRIBUTION
The City shall pay a $700 flex/cash contribution per union employee during the each of the
2023-2026 contract (fiscal) years.
Part-time employees will receive flex contribution on prorated budgeted hours worked.
The City will provide guidance as to allowable claims for the flex usage for all covered employees.
If the employee elects to take the contribution as a cash payment, the employer shall withhold all
requisite taxes pursuant to state and federal laws.
All contributions not used for acceptable medical claims, including insurance premiums, will
revert back to the City at the end of the contract (fiscal) year.
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File Attachments for Item:
18. Resolution No. R23-52: A Resolution Of The City Council Approving A Memorandum Of
Understanding For The 2023-2026 Collective Bargaining Agreement Between The City Of
Laurel And Local Union 316, American Federation Of State, County, And Municipal
Employees, AFSCME.
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R23-52 Approve MOU for CBA 2023-26 (Attendance Incentive Program)
RESOLUTION NO. R23-52
A RESOLUTION OF THE CITY COUNCIL APPROVING A MEMORANDUM OF
UNDERSTANDING FOR THE 2023-2026 COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF LAUREL AND LOCAL UNION 316,
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, AFSCME.
WHEREAS, the City of Laurel and Local Union 316, American Federation of State,
County, and Municipal Employees, AFSCME (hereinafter “the Union”) have negotiated a
Collective Bargaining Agreement for Years 2023-2026 (hereinafter “the CBA”), which is
subject to approval by City Council and which has already been approved by the Union;
WHEREAS, the City and the Union have agreed to set-aside certain provisions of the
parties’ agreement by way of a Memorandum of Understanding, attached hereto and fully
incorporated herein (hereinafter “the MOU”), and formalize them in the MOU (versus in the
CBA), in order to allow the parties more flexibility in modification of the terms of the MOU,
should such modification be necessary in the future;
WHEREAS, these terms specifically apply to the utilization of an “Attendance
Incentive Program” for Union Members; and
WHEREAS, the Collective Bargaining Committee, made up of both City personnel and
Union personnel, have agreed that the MOU is in the best interests of both parties.
NOW THEREFORE LET IT BE RESOLVED by the City Council of the City of Laurel,
Montana,
Section 1: Approval. The MOU between the Union and the City is hereby approved
and effective upon the date written herein.
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 22nd day of August, 2023, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 22nd day of
August, 2023.
APPROVED by the Mayor the 22nd day of August, 2023.
122
R23-52 Approve MOU for CBA 2023-26 (Attendance Incentive Program)
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
123
MEMORANDUM OF UNDERSTANDING
City of Laurel and Local 316 Laurel Public Works Union
STANDBY STATUS/ON CALL/PAY
Between the CITY OF LAUREL and AFSCME 316 UNION MEMBERSHIP City of Laurel Public Works
Date: August 11, 2023
Regards: Call Out Pay Procedure and Compensation
Standby Duty:
Employees who are required by the appropriate authority to remain available at all times,
while off regular duty, on standby for emergency callouts, shall be compensated for all standby
time at a rate of $2.00 per hour.
Employees will be given 24 hours’ notice prior to being placed in standby status. Once notice of
standby status is given, employees shall remain on standby status until the employee’s next
regularly scheduled shift (which includes any vacation, sick, or compensatory leave.), or unless
otherwise mutually agreed upon by employee and employer. There will be four call out lists:
Maintenance/Mechanic, Water, Sewer, and Utilities by seniority. Management has the
discretion to apply the lists as necessary for the business of the City. Management will
maintain and post the on standby status schedule. Participation in this Call Out Pay program is
strictly voluntary.
During standby status employees must be fit for duty, and not under the influence of drugs or
alcohol, have appropriate transportation (if necessary) and available via telephone during all
hours they are scheduled for standby. Employees who are on the standby schedule for at least
one week per month shall receive a $30 cellphone stipend. Employees must immediately
respond to incoming phone calls and handle the calls as needed, which may include reporting
to a work site. Standby pay shall be interrupted for all actual hours worked at the overtime
rate. Call out/overtime pay begins upon notification to report provided the employee arrives
within 45 minutes of receiving the call. Employees reporting beyond the 45-minute window
will commence pay upon arriving at a city facility or worksite.
Employees who are on the standby schedule may take home a City service vehicle to be used
to respond to call outs as necessary. An employee who receives a telephone call for the
purpose of troubleshooting problems but who does not report to a jobsite or city facility shall
be compensated a minimum of 15 minutes pay or actual time for each issue. Employees are
required to initiate calls to offsite employees using a city phone.
Sunsets:
This Memorandum of Understanding (MOU) can be sunset at any time by the City of
Laurel due to budgetary concerns or emergency circumstances.
124
This MOU may be sunset by mutual agreement between the Union and the City at any
time.
In the event this MOU is sunset, the Union and City will revert to the callout/standby
language as provided in the current Collective Bargaining Agreement (CBA).
This MOU does not modify any portions of the CBA unless specifically noted above; and all
provisions remain in effect as negotiated.
ATTEST:
Dated this__________day of_________________, 2023
__________________________________
City Mayor
Dated this__________day of_________________, 2023
__________________________________
Union President
125
File Attachments for Item:
19. Resolution No. R23-53: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With TLC Patriot Septic & Excavation.
126
R23-53 Approve TLC Patriot SSC
RESOLUTION NO. R23-53
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
APPROVE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH TLC
PATRIOT SEPTIC & EXCAVATION.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract with TLC Patriot
Septic & Excavation, for septic and excavation work to be performed at the American Legion
Building at Riverside Park, 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 TLC Patriot Septic & Excavation on behalf of the City.
Introduced at a regular meeting of the City Council on the 22nd day of August, 2023, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 22nd day of
August, 2023.
APPROVED by the Mayor the 22nd day of August, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
127
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 22nd day of August 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 TLC Patriot Septic &
Excavation, a contractor licensed to conduct business in the State of Montana, whose address is P.O.
Box 128, Laurel, MT 59044, 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 August 2, 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 ten thousand three hundred fifteen dollars and no cents ($10,315.00)
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 personne l 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 -
contracts in any dealings between Contractor and any third parties. The City is interested solely in the
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Page 2 of 5
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 defects 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.
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
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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 harmless 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 m erit 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.
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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 may 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.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 22nd DAY OF AUGUST 2023.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Dave Waggoner, Mayor TLC Patriot Septic & Excovation
ATTEST: Employer Identification Number
___________________________________ __________________________
Kelly Strecker, Clerk/Treasurer
132
Estimate
Date
8/2/2023
Estimate #
1709
Name / Address
City of Laurel
PO Box 10
Laurel, MT 59044
Project
Total
Signature _____________________________
TLC - PATRIOT SEPTIC & EXCAVATION
P.O. BOX 128
LAUREL, MT 59044
406-633-4333
www.tlcpatriotservicesmt.com
Signed Estimate and 50% Deposit required to schedule . Notice of Right to Claim
Lien under Montana Law.
Title _______________________________ Date ________________________
Description Qty Total
Septic Tank Replacement per County Approved Replacement Form.
Permit #
Jobsite: Riverside Park, Laurel, MT
Scope of work:
Replace transfer line from building to tank.
Excavate out the old transfer line.
Haul in 12 ton of bedding rock
Haul in 12 ton of 3/4" Road base (Will be taken off final invoice if good compaction dirt is available for
reuse)
Install up to 65' of 4" Sch 40 pipe w/ proper slope (1/4 per ft)
Bed in the pipe and compact accordingly.
Two loads dump truck.
Two operators w/ machines.
Compaction equipment.
Estimate for work described above. 2,815.00
Page 1 133
Estimate
Date
8/2/2023
Estimate #
1709
Name / Address
City of Laurel
PO Box 10
Laurel, MT 59044
Project
Total
Signature _____________________________
TLC - PATRIOT SEPTIC & EXCAVATION
P.O. BOX 128
LAUREL, MT 59044
406-633-4333
www.tlcpatriotservicesmt.com
Signed Estimate and 50% Deposit required to schedule . Notice of Right to Claim
Lien under Montana Law.
Title _______________________________ Date ________________________
Description Qty Total
This estimate is for the installation of our SludgeHammer system. System will introduce bacteria into
existing drainfield lines to remove bio mat build up and prolong the life of the septic system.
Add SludgeHammer Floating Matrix before effluent filter.
Install rectangular SludgeHammer basin and 80 watt air pump with alarm at/near foundation and power
supply.
Trench and plumb to inlet riser on septic tank.
Install the SludgeHammer S-86 in the inlet side of the septic tank and plumb accordingly.
Install SH bug stick into SH S-86.
Install Simtech pleated filter onto the outlet pipe.
Add SludgeHammer Floating Matrix before effluent filter.
Excavate at each drain field leg and jet out drain field leg. Pump/jet SludgeHammer bacteria into each drain
field leg.
Backfill accordingly.
Clean up and put system online.
Air box for SludgeHammer will be placed along side of foundation of house. Home owner to supply
electrician for a 110 volt outlet to power airbox.
Onboard customer: Education on system and maintenance contract.
*Includes a 2 year MT State required maintenance contract; Test sampling, DEQ Reporting, Service/
Maintenance @ 1 per yr.
SludgeHammer Bioremediation w/ drain field repairs. 7,500.00
This estimate is for the work described above and does not include:
- Surveying, geotechnical testing, or bonds
- Rock Excavation - If rock requiring a hydraulic breaker to remove is encountered, then an additional
cost to the estimate will be negotiated with a $1500.00 minimum fee added to estimate and rock will be
broken for no less than $375.00 per hour and will be negotiated at that time. Class “B” rock excavation will
be negotiated at the time of excavation. Minimum charge per cubic yard of Class B material is $18.00 per
cubic yard. If haul off of Class B excavation or additional material needs to be brought in for backfill to
replace Class B excavated material, that will be negotiated at the time.
-Frost or ice removal, additional material needed - gravel soil etc., as a result of frost or ice removal.
-Subgrade stabilization or dewatering
Page 2 134
Estimate
Date
8/2/2023
Estimate #
1709
Name / Address
City of Laurel
PO Box 10
Laurel, MT 59044
Project
Total
Signature _____________________________
TLC - PATRIOT SEPTIC & EXCAVATION
P.O. BOX 128
LAUREL, MT 59044
406-633-4333
www.tlcpatriotservicesmt.com
Signed Estimate and 50% Deposit required to schedule . Notice of Right to Claim
Lien under Montana Law.
Title _______________________________ Date ________________________
Description Qty Total
- Engineering, surveying, as-builts other than listed above.
-Tree removal or replacement
- Future settlement or seeding repairs, sodding
- Removal, relocation, time lost, or repair to any underground utilities that conflict with this repair
- Concrete asphalt removal or repair other than stated on description of work above
- Easements with enough room to do this work
- Pipe repair or replacement inside or under house foundation or floor
- Water, water truck etc. for dust control or compaction
- Site restoration, fine grade seed or straw
-Any unknown or conditions not readily visible are excluded and subject to a Change Work Order
including asbestos mitigation, rock beds, and high-water table, frozen ground (Frost), etc.
One Call locates (811) will be done prior to start date by TLC, TLC - Patriot will not dig through any
utilities or move any utilities. Any damage to private utilities not located by 811, landscape, sprinklers, dog
fence, waterlines, propane lines, garage power lines, etc. will be customers responsibility to have repaired at
their expense it is not included in TLC Patriot’s prices. This estimate does not include any time lost to
excavating around utilities in conflict with estimated work not known at the time of bidding this project.
Any time extra time to dig around the unknown utilities will be done on a Time and Material basis. Site will
be left at construction rough grade unless otherwise listed in bid. Construction rough grade is dirt/ fill
material placed in disturbed area within 10 feet of foundation/ dig area, not landscape ready. No haul off is
included nor landscaping is included unless noted in bid. Dirt may settle over time. TLC - Patriot does not
warranty against settling of any backfilled areas but can be contracted to add fill.
All estimate items are tied and cannot be independently contracted unless agreed to by TLC - Patriot Septic
and Excavation.
-Project schedule to be agreed upon between owner and contractor prior to start date.
-We have assumed that the site will be available for temporary staging/stockpiling area and there will be
unimpeded access to the work so that work can be completed without delay.
-This proposal is contingent on a mutually agreeable start date, contract - including this proposal as a
standard attachment. Payment terms are described below and will be followed by customer and contractor.
-Any work done outside of the scope of work will require a signed or verbal change work order acceptance
in order to proceed with execution of work.
-This is an Estimate and not a final invoice. Work done outside of the scope of this estimate will result in
additional billing. A final invoice for work done will be sent out after work has been done.
-Estimate does not include work needed to be done by a licensed electrician or plumber.
-Estimate is subject to a 10% contingency price increase/decrease.
Page 3 135
Estimate
Date
8/2/2023
Estimate #
1709
Name / Address
City of Laurel
PO Box 10
Laurel, MT 59044
Project
Total
Signature _____________________________
TLC - PATRIOT SEPTIC & EXCAVATION
P.O. BOX 128
LAUREL, MT 59044
406-633-4333
www.tlcpatriotservicesmt.com
Signed Estimate and 50% Deposit required to schedule . Notice of Right to Claim
Lien under Montana Law.
Title _______________________________ Date ________________________
Description Qty Total
-If final invoice is not paid in full within 10 days, TLC Patriot reserves the right to enter property without
notice in order to recover materials and/or equipment belonging to TLC Patriot. Balances that are not paid
within 10 days are subject to a $25 per month late fee and a 1.5% per month FINANCE CHARGE, or an
annual percentage rate of 18%. In the case that collection expenses are incurred, the client shall pay all
collection expenses.
-Estimate is good for 14 days.
Above work will be completed in a professional manner according to standard practices and under
authorization as a licensed county installer. Work is contingent upon receipt of deposit, weather, strikes,
accidents or delays beyond our control. A signed copy of the estimate and a 50% down payment is required
prior to job start date to schedule. Payments made by credit card will be charged an additional 4% of total.
CONFIDENTIALITY NOTICE: The information contained in this estimate is privileged and confidential
information that is intended for the sole use of the addressee. Access to this estimate by anyone else is
unauthorized. E-mails sent through the Internet are not secure. Do not use e-mail to send us confidential
information such as credit card numbers, changes of address, PIN numbers, passwords or other important
information. Please do not transmit orders and/or instructions regarding your account(s) by e-mail. These
such orders and/or instructions transmitted by e-mail will not be accepted by TLC - Patriot Septic and
Excavation. TLC - Patriot Septic and Excavation will not be responsible for carrying out such orders and/or
instructions. If you are not the intended recipient, please advise the sender immediately by reply e-mail and
delete this message and any attachments without retaining a copy or disseminating this message. Please be
aware that the use of any confidential or personal information may be restricted by state and federal privacy
laws. Thank you.
Page 4
$10,315.00
136
File Attachments for Item:
20. Resolution No. R23-54: Resolution Authorizing The Mayor To Approve An Agreement
With Savage Cat Rescue, Inc.
137
R23-54 Approve Agreement with Savage Cat Rescue, Inc.
RESOLUTION NO. R23-54
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
APPROVE AN AGREEMENT WITH SAVAGE CAT RESCUE, INC.
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 Savage
Cat Rescue, Inc., a copy attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Agreement
by and between the City of Laurel and Savage Cat Rescue, Inc., on behalf of the City.
Introduced at a regular meeting of the City Council on the 22nd day of August, 2023, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 22nd day of
August, 2023.
APPROVED by the Mayor the 22nd day of August, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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AGREEMENT
This Agreement is made this _____ day of August, 2023, between the City of Laurel,
Montana (hereinafter “the City”) and Savage Cat Rescue, Inc. (hereinafter “Contractor”). The
City and Contractor, in consideration of the material covenants set forth in this Agreement, agree
as follows:
TERM: This Agreement is effective as of the date of its execution and will begin on
September 1, 2023 and terminate on August 31, 2024. The parties may extend this Agreement, by
mutual concurrence, in writing, prior to termination of the term. If not extended by mutual
concurrence, and in writing, prior to the termination of the term, this Agreement shall automatically
terminate as of August 31, 2024.
SCOPE OF WORK: Within its reasonable discretion, Contractor shall provide the
following services, pursuant to this Agreement, for any cats rescued/impounded within the City
limits of the City of Laurel:
a. Cat Rescue/Impoundment: Contractor will identify stray, feral, or un-homed cats
that necessitate rescue/impoundment. Contractor will utilize its traditional services to rescue,
provide veterinary services, spay/neuter, and either adopt or release said cats after
rescue/impoundment. Contractor agrees that the scope of the work contemplated by this
Agreement shall only apply to cats that are rescued/impounded within the City of Laurel city limits.
Contractor agrees to take reasonable care of such cats in a manner consistent with good
standard practices of rescue agencies to include, but not limited to, providing proper food, water,
and shelter. Under the terms of this Agreement, Contractor may provide veterinary treatment for
illness or injury. If Contractor determines that such cats require any vaccinations or other treatment
in order to protect the greater population of animals, Contractor may administer such treatment
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through the appropriate personnel retained to do so. To the extent reasonably practicable,
Contractor shall utilize veterinarians and other medical care specialists located within the City of
Laurel and providing services to City of Laurel residents.
2. Payment of all boarding fees, veterinary costs, spay/neuter costs, surgery costs,
release costs, and any other expenses shall be borne by Contractor. The City is not responsible for
any costs incurred for services provided hereunder, except the annual fee contemplated in this
Agreement.
3. All cats rescued/impounded pursuant to this section will be held by the Contractor
until they are released by Contractor pursuant to a signed release from the owner, the owner's legal
representative, or by a court of law, unless and except if the cat reasonably appears to be a feral
and/or un-homed cat. In this circumstance, Contractor will utilize its best discretion to either
release the cat into its previously-unhomed area within the City of Laurel or place the cat for
adoption with an appropriate agency. If an owner does not respond within 72 hours of
rescue/impoundment, Contractor assumes ownership of the cat and appropriate release or adoption
of said cat.
b. Limitation: This Agreement applies only to cats and no other animals. Contractor
will make every effort to rescue/impound however many cats it can rescue/impound, but it may
choose not to rescue/impound all or any. The City will not be responsible, in any manner, for any
of the services provided hereunder and/or seeking care of the cats rescued/impounded by
Contractor.
PAYMENT: For the services provided in this Agreement, City shall pay Contractor an
annual fee of Three Thousand Five Hundred and No Dollars ($3,500.00) for the first year of the
term of this Agreement. If this Agreement is renewed, according to the terms hereunder, the parties
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shall negotiate any additional annual fee. Payment shall be made in one annual installment at the
start of this Agreement, after invoicing by Contractor.
OTHER FEES/TERMS:
a. The City shall not be responsible for any fees, expenses, or costs, pursuant to this
Agreement, other than the annual fee previously stated herein.
b. Contractor agrees to report to City Council on a quarterly basis, by the end of each
quarter, the following: 1) number of cats rescued/impounded, 2) addresses of each
rescue/impoundment, 3) date of each rescue/impoundment, 4) services rendered, and 5) outcome
of each rescue/impoundment (release, adoption, or otherwise).
CITY DUTIES: The City has no duties under this Agreement, except as previously stated
herein.
RECORDS: Contractor agrees to keep thorough and sufficient records of the information
to be reported to City Council, to be reviewed by the City upon the City’s request at any time, and
to be provided by way of report by Contractor to City Council on a quarterly basis.
INDEPENDENT CONTRACTOR STATUS/LABOR RELATIONS: The parties agree
that Contractor is an independent contractor for purposes of this Agreement and is not to be
considered an employee of the City for any purpose. Contractor is not subject to the terms and
provisions of the City's personnel policies handbook and may 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 between Contractor and any third parties. Contractor
shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter
71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. To the extent
required by law, Contractor shall maintain workers' compensation coverage for all employees of
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Contractor's organization, except for those who are exempted by law. Contractor must give
preference to the employment of bona fide residents of Montana in the performance of this work.
INDEMNITY: Contractor shall defend, indemnify, and hold harmless the City from and
against any and all claims, demands, obligations, causes of action, lawsuits, and all damages and
liabilities, fines, judgments, costs (including settlement costs), and expenses associated therewith
(including reasonable attorney's fees and disbursements), arising from incidents that occur as a
result of Contractor's negligence and for which the City's sole basis of liability is vicarious liability
for the acts or omissions of Contractor. The defense and indemnification obligations under this
paragraph shall not be limited by any assertions or finding that the City is liable for any damages
by reason of a non-delegable duty.
INSURANCE: Contractor shall maintain, at its sole cost and expense, commercial general
liability insurance naming the City as an additional insured against liability for damages for bodily
injury, including death, completed operations, and property damage in a minimum amount of One
Million Dollars and No Cents ($1,000,000.00) for each claim and Two Million Dollars and No
Cents ($2,000,000.00) in the aggregate arising from incidents which occur as the result of
Contractor's negligence while performing any work or service and for which the City's sole basis
of liability is vicarious liability for the acts or omissions of the Contractor or/and subcontractors.
Contractor shall maintain, at its sole cost and expense, insurance against claims for injuries
to persons or damages to property, including contractual liability, which may arise from or in
connection with work or service by Contractor, agents, employees, representatives, assigns and
sub-contractors. This insurance shall cover claims that may be caused by any negligent act or
omission. Contractor shall name on the Certificate of Liability Insurance the City of Laurel as
additional insured. In addition, Contractor will furnish to the City a copy of the Policy
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Endorsement, indicating that the City of Laurel is named as an additional insured under the
Contractor's insurance policy. Contractor agrees to furnish to the City both the Certificate of
Insurance and Policy Endorsement at least ten (10) within the commencement of this Agreement.
Contractor is required to maintain workers compensation insurance, or an independent
contractor's exemption issued by the Montana Department of Labor, covering Contractor and
Contractor's employees. Contractor is not, nor are Contractor's workers, employees of the City.
Workers Compensation insurance or the exemption from the workers compensation obligation
must be valid for the entire period.
COMPLIANCE WITH LAWS: Contractor agrees to conduct its business operations in
accordance with local, state, and federal laws, ordinances, rules, and regulations, and national
standards, including the Montana Human Rights Act, Civil Rights Act of 1964, the Age
Discrimination Act of 1975, and the American with Disabilities Act of 1990. Any subletting or
subcontracting by the Contractor subjects those contractors to the same provisions. In accordance
with Mont. Code Ann. § 49-3-207, Contractor agrees that the hiring of persons to perform the
contract will be made on the basis of merit and qualification and there will be no discrimination
based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental
disability, or national origin by the person performing under the contract.
LIAISON: The City's designated liaison is Kelly Strecker, City Clerk-Treasurer, and
Contractor's designated liaison is the Executive Director of Savage Cat Rescue, Inc.
DEFAULT AND TERMINATION: If either party fails to comply with any condition of
this Agreement at the time or in the manner provided for, other party may, at its option, terminate
this Agreement and be released from all obligations if the default is not cured with thirty (30) days
after written notice is provided to the defaulting party. Said notice shall set forth the items to be
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cured. Subject to this Agreement, the non-defaulting party may bring suit for damages, specific
performance, and any other remedy provided by law. 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. Either party may terminate this Agreement by
providing the other with a written notice of intent to terminate at least ninety (90) days in advance
of the termination date. Said notice shall be in writing and delivered to the other party.
NON-WAIVER: A waiver by either party, and any default or breach by the other party of
any terms or conditions of this Agreement, does not limit the other party's right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
DISPUTE RESOLUTION: Any claim, controversy, or dispute between the parties, their
agents, employees, or representatives shall be resolved first by negotiation between appropriate
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist in
the negotiated settlement discussions. If the parties are unable to resolve the dispute within thirty
(30) days from the date the dispute was first raised, then such dispute may only be resolved in a
court of competent jurisdiction in compliance with this Agreement.
GOVERNING LAW AND VENUE: This Agreement shall be construed and enforced in
accordance with the laws of the State of Montana. Venue for any suit between the parties arising
out of this Agreement shall be the Montana Thirteenth Judicial District Court, Yellowstone County.
ATTORNEY'S FEES AND COSTS: In the event it becomes necessary for either party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing party or the party giving notice shall be
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entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house
counsel, to include the Civil City Attorney.
BINDING EFFECT: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
NO ASSIGNMENT: Neither the City nor the Contractor shall assign, transfer, or
encumber any rights, duties or interests accruing from this Agreement without written consent of
the other.
NO THIRD-PARTY BENEFICIARY: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
HEADINGS: The headings used in this Agreement are for convenience only and are not
to be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
SEVERABILITY: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
REPORTS/ACCOUNTABILITY/PUBLIC INFORMATION: Both parties agree to
develop and/or provide documentation as reasonably requested by the City or Contractor
demonstrating both parties' compliance with the requirements of this Agreement.
COUNTERPARTS: This Agreement may be executed in counterparts, which together
constitute one instrument.
INTEGRATION: The Contract Documents, which compose the entire agreement between
the City and Contractor, consist of the following: 1) this Agreement and 2) Contractor's current
Certificate of Insurance and Workers Compensation coverage. All communications, either verbal
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or written, made prior to the date of this Agreement are withdrawn unless specifically made a part
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF LAUREL SAVAGE CAT RESCUE, INC.
_____________________________ _____________________________
By: _________________________ By: _________________________
City of Laurel Mayor Executive Director
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