HomeMy WebLinkAboutCouncil Workshop Packet 11.07.2023
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, NOVEMBER 07, 2023
6:30 PM
COUNCIL CHAMBER
Public Input: Citizens may address the Council regarding any item of City business that is not on
tonight’s agenda. The duration for an individual speaking under Public Input is limited to three
minutes. While all comments are welcome, the Council will not take action on any item not on the
agenda. Because of the Rules that govern public meetings, Council is not permitted to speak in response
to any issue raised that is a non-Agenda item. The Mayor may provide factual information in response,
with the intention that the matter may be addressed at a later meeting. In addition, City Council may
request that a particular non-Agenda item be placed on an upcoming Agenda, for
consideration. Citizens should not construe Council’s “silence” on an issue as an opinion, one way or
the other, regarding that non-Agenda matter. Council simply cannot debate an item that is not on the
Agenda, and therefore, they must simply listen to the feedback given during public input. If a citizen
would like to speak or comment regarding an item that is on tonight’s agenda, 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.
Be advised, if a discussion item has an upcoming public hearing, we would request members of the
public to reserve your comments until the public hearing. At the public hearing, the City Council will
establish an official record that will include all of your comments, testimony, and written evidence.
General Items
1. LURA Presentation
2. Arbor Day Proclamation 2024
Executive Review
3. Resolution No. R23-46: A Resolution Of The City Council Authorizing The Mayor To Execute
A Lease Agreement With The Laurel Lions Club For The Riverside Hall Located At Riverside
Park.
4. Motion to Reconsider Resolution No. R23-83: A Resolution Of The City Council Authorizing
The Mayor To Approve A Change Order With Randall Contracting.
5. Motion to Reconsider Resolution No. R23-84: A Resolution Of The City Council Authorizing
The Mayor To Approve An Independent Contractor Service Contract With Hardrives
Construction, Inc.
6. Resolution - A Resolution Of The City Council Approving And Authorizing The Disposal Of
City Of Laurel Records.
7. Ordinance - An Ordinance Amending Title 12, Chapters 12.18.010 And 12.18.060 Of The
Laurel Municipal Code Related To Special Events Permits.
Council Issues
Other Items
Attendance at Upcoming Council Meeting
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Announcements
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate
in this meeting. Persons needing accommodation must notify the City Cler k’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.
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File Attachments for Item:
2. Arbor Day Proclamation 2024
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OFFICIAL PROCLAMATION
WHEREAS in 1872, the Nebraska Board of Agriculture established a special
day to be set aside for the planting of trees, and
WHEREAS this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and
WHEREAS Arbor Day is now observed throughout the nation and the
world, and
WHEREAS trees can be a solution to combating climate change by reducing
the erosion of our precious topsoil by wind and water, cutting
heating and cooling costs, moderating the temperature, cleaning
the air, producing life-giving oxygen, and providing habitat for
wildlife, and
WHEREAS trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires, and countless other wood products, and
WHEREAS trees in our city increase property values, enhance the economic
vitality of business areas, and beautify our community, and
WHEREAS trees — wherever they are planted — are a source of joy and
spiritual renewal.
NOW, THEREFORE, I, , Mayor of the City of
, do hereby proclaim
as ARBOR DAY
In the City of , and I urge all citizens
to celebrate Arbor Day and to support efforts to protect our
trees and woodlands, and
FURTHER, I urge all citizens to plant trees to gladden the heart and
promote the well-being of this and future generations.
DATED THIS day of ,
Mayor
Dave Waggoner
Laurel, Montana
May 7, 2024
Laurel, Montana
14th November 2023
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File Attachments for Item:
3. Resolution No. R23-46: A Resolution Of The City Council Authorizing The Mayor To
Execute A Lease Agreement With The Laurel Lions Club For The Riverside Hall Located At
Riverside Park.
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R23-46 Approve Lease of Riverside Hall and Authorize Mayor’s Execution of Same
RESOLUTION NO. R23-46
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE A LEASE AGREEMENT WITH THE LAUREL LIONS CLUB FOR THE
RIVERSIDE HALL LOCATED AT RIVERSIDE PARK.
WHEREAS, the City of Laurel owns and operates the Riverside Hall at Riverside Park,
Laurel, MT;
WHEREAS, the Laurel Lions Club is interested in leasing the Riverside Hall at
Riverside Park;
WHEREAS, it has been determined by City Staff that it is in the best interests of the
City to enter into a Lease Agreement by and between the City of Laurel and the Laurel Lions
Club for the lease of the Riverside Hall at Riverside Park;
WHEREAS, the Civil City Attorney will draft a Lease Agreement memorializing the
terms and conditions of the lease between the City and the Laurel Lions Club and such lease
will be provided to the Mayor for his execution on behalf of the City of Laurel.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the Mayor is authorized to sign a Lease Agreement for the Riverside Hall located
at Riverside Park by and between the City and the Laurel Lions Club.
Introduced at a regular meeting of the City Council on the 25th day of July, 2023, by
Council Member _____.
PASSED and APPROVED by the City Council of the City of Laurel the 25th day of
July, 2023.
APPROVED by the Mayor the 25th day of July, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
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R23-46 Approve Lease of Riverside Hall and Authorize Mayor’s Execution of Same
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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LEASE AGREEMENT
This Lease Agreement is entered into this _____ day of November, 2023, by and between
the City of Laurel, Montana, a municipal corporation organized and existing under the laws of the
State of Montana, whose business address is P.O. Box 10, Laurel, Montana 59044, hereinafter
referred to as “City” and the Laurel Lions Club, whose business address is PO Box 451, Laurel,
MT 59044, hereinafter referred to as “Lessee”.
W I T N E S S E T H:
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree and
covenant as follows:
ARTICLE I
Purpose of Lease
The purpose of this Agreement is to lease Lessee certain and specific City property in order
that Lessee may conduct club activities, including but not limited to, meetings, after hour events,
dances, auctions, celebrations, concerts and other community events, so long as such activity is
not prohibited by City Ordinance, Resolution, or Regulation.
ARTICLE II
Property Leased
The City hereby leases and permits the use to Lessee and Lessee hereby leases from the
City the following-described property and improvements located in the City of Laurel’s Riverside
Park hereinafter referred to as “the premises” as specifically shown on Exhibit A and attached
hereto and part of this Lease Agreement.
ARTICLE III
Parties
City: Office of the Mayor (City Clerk)
PO Box 10
Laurel, Montana 59044
Phone: (406) 628-7431
Fax: (406) 628-2289
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Lessee: Laurel Lions Club
P.O. Box 451
Laurel, MT 59044
Phone: (406) 855-9572
ARTICLE IV
Term of lease
The term of this lease shall commence on approval by the City Council and execution by
the Parties and run for a period of five (5) years, with the option to revisit and renew for an
additional 5-year term thereafter. If this lease is terminated during any 5-year term, the City agrees
that Lessee may remove from the premises all equipment, materials and products owned and
utilized by Lessee.
ARTICLE V
Lessee Obligations and Covenants
Lessee hereby covenants and agrees with the City that Lessee shall comply with the following:
1. Use and occupy the premises in a careful and proper manner and not commit any waste
therein, no refuse may be stored in the building or on the leased grounds;
2. Not use or occupy the premises for any unlawful purpose, and will conform to and obey
all present and future laws, ordinances, and all rules and regulations of all governmental
authorities or agencies, respecting the use and occupation of the premises;
3. Lessee may apply for special event permits for activities where alcohol is available;
4. Not assign the lease, nor sublet the premises, nor any part thereof, without prior written
consent of the City. This covenant does not include renting the facility for special events.
The City shall require no more than thirty (30) days for such approval upon written request
by the Lessee and shall not unreasonably withhold such approval;
5. Not use or occupy said premises, or permit the same to be used or occupied, for any purpose
deemed extra hazardous on account of fire or otherwise;
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6. Lessee shall make no alterations, changes or revamping, remodeling or capital
improvement in or to the premises, without prior written permission approved by the Public
Works Director, and in addition thereto, Lessee shall obtain all approvals and permits
required for such work under City ordinance. Approvals for any improvements/changes
must be granted or rejected by the City within thirty (30) days of written notice by Lessee
or the work may proceed the same as if such approval was received. Approval for such
proposed work shall not be unreasonably withheld. Any such alterations or additions shall
be the sole responsibility of the Laurel Lions Club, inclusive of any and all financial,
material, or labor considerations and will become the property of the City upon termination
of this or any subsequent lease;
7. Provide the City copies of receipts for improvements and/or maintenance completed by the
club or organization by December 31st of each year to the Office of the Mayor, Attention
Clerk/Treasurer, P.O. Box 10, Laurel, MT 59044;
8. Lessee and the City’s Maintenance Superintendent shall perform an entrance inspection
prior to the finalization of the lease, an annual inspection on or before the lease anniversary
date, and an exit inspection at the end of the lease; Lessee must contact the City to arrange
for the inspections; Lessee must also permit the City to enter upon the said premises at all
reasonable times to examine the condition of same;
9. Indemnify and save the City, its elected and appointed officials, agents, and employees,
while acting within the scope of their duties as such, harmless from and against any loss,
damage and liability occasioned by, growing out of, or arising or resulting from any default
hereunder, or any tortuous or negligent act on the part of Lessee, their members, agents or
employees. For such purpose, each Lessee shall procure and maintain in full force and
effect during the term of this agreement, commercial general liability, including product
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liability, in a reliable company or companies with minimum policy limit $1,000,000
combined single limit per occurrence, and $2,000,000 aggregate single limit per
occurrence; and $1,000,000 Liquor Liability. The City shall be named as an additional
insured part on the policy to be evidenced by a certificate of insurance presented to the City
Clerk/Treasurer on or before July 1 of each year. The City and Lessee hereby grant to each
other, on behalf of any insurance company providing insurance under this agreement, a
waiver of any right of subrogation which any insurer or party may acquire against the other
party by virtue of payment of any loss under any insurance policy;
10. Pay for the use and maintenance of utility services on the premises, including but not
limited to gas, electricity, and telephone;
11. Conduct ordinary day-to-day maintenance and repair necessary to keep both the interior
and exterior of the premises in a good state of repair and acceptable condition;
12. Inspect the facilities on a regular basis to determine any hazardous conditions which may
exist, and take immediate action to correct such conditions if they exist;
13. Provide for necessary janitorial and maintenance services and supplies to insure the inside
of the building is kept clean;
14. Be responsible for all damage (excepting reasonable wear and tear and not including acts
of God) to property, public or private, that may be caused by this operation in the
performance of this lease;
15. All signs and banners must comply with the LMC 15.40;
16. Lessee must provide a proper fire extinguisher;
17. If Lessee hires a janitor or janitorial service they must provide material safety data sheets
(MSDS) for all cleaning chemicals or products that may contain hazardous materials in an
approved MSDS booklet;
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18. Extension cords may not be used, as they are against fire code;
19. Lessee shall allow participation in their organization for all interested persons regardless
of race, creed, sexual gender, economic or social status and will encourage such
participation without the discrimination of any kind or nature;
20. Leave premises, at the expiration or prior to termination of this lease and any extension
thereof, in as good condition as received, reasonable wear and tear alone accepted;
21. Lessee must provide contact information to the City of next year’s board prior to January
15th of each year.
22. A maximum of 2 RVs may be allowed in Riverside Park, not for camping purposes but for
use during scheduled events with the Laurel Lions Club. They may only be parked in
designated areas, approved prior to the event by the Public Works Department. They may
not be slept in overnight and must be marked with a sign displayed on the RV door or
window, to be parked no longer than City ordinances allow.
ARTICLE VI
Rent
1. Lessee shall pay the City rent in the amount of $1 per month as consideration for the use
of the premises. Lessee shall pay annually on or before the anniversary date of their
respective signatures on the lease. The City agrees to this amount as consideration for the
lease, based upon the understanding that Lessee will be contributing to improvements in
the premises, supporting causes that benefit the community, and financially working
towards the betterment of the community as a whole.
2. Rent includes the following: Use and lawful possession of the premises.
ARTICLE VII
Repairs and Maintenance
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All minor or routine repairs on the inside and outside of the building shall be Lessee’s
responsibility. Interior improvements are excluded from the definition of “repairs” under this
section. Examples of minor repairs include, but are not limited to, repair and patching of a leak in
the roof of the building, replacing worn plumbing fixtures and plumbing fixtures parts,
replacement of electrical light bulbs, lamps, switches, globes, shades and similar electrical
improvements, door and window panes, hinges and locks, ceiling and wall painting, wall paper
repair and floor covering replacement and repair.
Lessee is responsible for all interior improvements to the building. However, said interior
improvements are subject to prior review and approval by the City, which shall not be
unreasonably withheld. Lessee shall provide the City with an estimate of the cost of any interior
improvements at the time Lessee submits its building plans to the City for consideration and
approval.
ARTICLE VIII
Condition
Neither the City nor any of its employees or agents made any representations with respect
to the above-described property except as expressly set forth herein, and no rights, easements or
licenses are acquired by the Lessee by implication or otherwise, except as expressly set forth
herein. Acceptance of possession of the above-described property by Lessee shall be conclusive
evidence that Lessee accept the same “as is” and that the property was and is in similar or same
condition at the time possession was accepted, under this Lease.
ARTICLE IX
Right to Inspect Premises
The City has a right, at all times during the term of this lease, through its agents and
employees, to enter upon the leased premises for the purpose of examining and inspecting the same
to determine whether Lessee have complied with its obligations hereunder with respect to the care
and maintenance of the premises, and the repair or rebuilding of the improvements therein when
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necessary. This right of inspection may only be exercised after 24 hours’ notice to Lessee of City’s
desire to inspect the premises. This 24-hour notice is necessary to insure that a representative of
Lessee will be available to accompany City’s representative at the time of inspection.
ARTICLE X
Assignment/Cancellation/Termination/Negotiation
1. Assignment. Neither City nor Lessee may assign, transfer or sublet the rights under this
lease to any party without prior written consent of the other party.
2. Cancellation. In the event the premises leased hereunder or any portion thereof is not
available for occupancy or use upon commencement of or during the term of this lease due
to fire, casualty, acts of God, strikes, national emergency or some other cause beyond the
control of the City, this lease and the obligations of the Parties hereunder shall terminate
and the Lessee hereby waive any claim against the City, its employees or agents for
damages by reason of such cancellation. Any notice of cancellation must be in writing and
sent by certified mail, as noted.
3. Termination. City may terminate this lease if the Lessee fail to make the rental payment,
obtain and maintain liability insurance, or perform any other condition or obligation
required herein. Notice of termination must be in writing and sent by certified mail, as
noted.
4. Lessee may rent the premises for periods not to exceed 14-days. However, Lessee must
obtain and provide liability insurance that names the City as an additional insured on the
policy during the event, if park land outside of the lease is being used for an event. If
alcohol is available or sold, the Lessee must utilize a caterer and obtain a permit for the
event.
ARTICLE XI
Compliance With Ordinances and Regulations
Lessee, at its expense, shall comply with all laws, orders and regulations of federal, state
and municipal authorities, and with any direction of any public officer, pursuant to law, which
imposes any duty upon Lessee or the City with respect to the leased premises. Lessee, at its sole
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expense, shall obtain all licenses or permits which may be required for the conduct of its business
within the terms of this agreement, or for making repairs, alterations, improvements, or additions.
The City, when necessary, will join Lessee in applying for all such permits or licenses.
ARTICLE XII
Liability Insurance
Lessee shall obtain and maintain at all times during the term hereof, with a responsible
insurer, for the benefit of the City and the Lessee as their respective interests may appear,
comprehensive general liability insurance in the amount of One Million dollars ($1,000,000.00)
per occurrence with an aggregate value of Two Million dollars ($2,000,000.00), to protect against
any loss, claims, lawsuits or liability for damages, property damage, personal injury or death, and
any expenses of the parties against any claim for such damages which might result from use or
occupation or condition of the premises. Simultaneously with and as a prerequisite of executing
of this lease, Lessee shall furnish a copy of such insurance policy(ies) to the City Clerk/Treasurer
and such policy(ies) shall contain an endorsement that it shall not be canceled or altered without
at least thirty (30) days prior written notice to the City from the insurer. The City and Lessee shall
be specifically named as insured under said policy.
ARTICLE XIII
Indemnification
Lessee hereby agrees to indemnify and to hold the City free and harmless from and against
any and all actions, claims and demands arising out of the use or occupancy of th e premises by
Lessee or the failure of the Lessee to maintain the premises as herein provided, including, but
without limitation, any carelessness, negligence, improper conduct, wrongful or intentional act or
breach of this lease by the Lessee or its agents, employees, patrons, invitees, suppliers or licensees,
and any and all costs, expenses and fees, including attorneys’ fees, incurred by the City incident
thereto. The City hereby indemnifies and agrees to hold the Lessee free and harmless from any
and all actions caused by the sole negligence of the City.
ARTICLE XIV
Use/Right of Entry and Inspection/Damage/Repairs
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1. Use. Lessee shall not use or permit the use of the leased premises for any purpose
prohibited by law, shall comply with all requirements and demands of all governmental
agencies or officials with respect to the condition, use and occupancy of the premises as
such may appear from time to time during the term of this lease and shall not commit nor
suffer to be committed any nuisance on or waste of the premises.
2. Right of Entry and Inspection. Lessee shall permit the City or the City’s duly authorized
agents, employees or representatives to enter upon the leased premises at all reasonable
times for the purpose of inspection.
3. Damage. It is specifically understood that any damage caused by Lessee or their guests to
the premises during the term of this Lease shall be promptly corrected or replaced at the
Lessee’ expense.
4. Repairs. All repairs to the premises during the terms of this lease shall be the sole
responsibility of the Lessee.
ARTICLE XV
Time of the Essence
Time is and shall be deemed of the essence in respect to the performance of each provision
of this lease.
ARTICLE XVI
Mortgages and Subleases
Lessee may not assign their rights under this lease or assign or encumber the premises
without the prior written consent of the City.
ARTICLE XVII
Surrender Upon Termination
Upon the termination or cancellation of this lease Lessee, at their expense, shall remove
from the premises all merchandise, furniture, furnishings, equipment or any other personal
property belonging to it, and shall quietly and peaceably surrender possession of the leased
premises in a similar or an improved condition as when received. There shall not be any holding-
over by Lessee beyond the termination or cancellation of this lease. Any such holding-over by
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Lessee shall incur to the City a penalty fee of $100.00 per day.
ARTICLE XVIII
Entire Agreement
This lease and attached Exhibit A shall be deemed to include the entire agreement between
the parties hereto and no waiver of any right, agreement or condition herein and no modification
of any term or condition herein shall be binding upon either party unless in writing and signed by
the parties.
ARTICLE XIX
Partial Invalidity
In the event any provision of this Lease or part thereof shall be determined by any court of
competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions
hereunder, or parts thereof, shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
ARTICLE XX
Notices/Demands
Notices or demands required hereunder shall be in writing and shall be sent by certified
mail (return receipt requested) to those persons at the addresses noted herein. The address of either
party hereinabove set forth may be changed from time to time by giving written notice in that
regard. All payments required to be made hereunder shall be made at the appropriat e address
hereinabove set forth or to such address as either of the parties may from time to time specify.
CITY OF LAUREL LESSEE:
By:________________________________ By_________________________________
Mayor Laurel Lions Club
By________________________________
City Clerk/Treasurer
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File Attachments for Item:
4. Motion to Reconsider Resolution No. R23-83: A Resolution Of The City Council Authorizing
The Mayor To Approve A Change Order With Randall Contracting.
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R23-83 Approve Change Order for Randall Contracting
RESOLUTION NO. R23-83
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
APPROVE A CHANGE ORDER WITH RANDALL CONTRACTING.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Change Order with Randall Contracting, a copy attached
hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Change
Order with Randall Contracting on behalf of the City.
Introduced at a regular meeting of the City Council on the 24th day of October, 2023,
by Council Member _____.
PASSED and APPROVED by the City Council of the City of Laurel the 24th day of
October, 2023.
APPROVED by the Mayor the 24th day of October, 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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File Attachments for Item:
5. Motion to Reconsider Resolution No. R23-84: A Resolution Of The City Council Authorizing
The Mayor To Approve An Independent Contractor Service Contract With Hardrives
Construction, Inc.
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R23-84 Approve Hardrives Construction SSC
RESOLUTION NO. R23-84
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
APPROVE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH
HARDRIVES CONSTRUCTION, INC.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract with Hardrives
Construction, Inc., for pavement work to be performed on West 12th Street, Laurel, MT, 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 Hardrives Construction, Inc., on behalf of the City.
Introduced at a regular meeting of the City Council on the 24th day of October, 2023,
by Council Member _____.
PASSED and APPROVED by the City Council of the City of Laurel the 24th day of
October, 2023.
APPROVED by the Mayor the 24th day of October, 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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Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 24th day of October 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 Hardrives Construction,
Inc. a contractor licensed to conduct business in the State of Montana, whose address is PO Box 2535,
Billings, MT 59103, 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 October 10, 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 fifty thousand seven hundred dollars and sixty-five cents ($50,700.65)
for the work described in Exhibit A. Any alteration or deviation from the described work that involves
extra costs must be executed only upon written request by the City to Contractor and will become an
extra charge over and above the contract amount. The parties must agree to extra payments or charges
in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose hereunder.
Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and
shall not be considered a City employee for workers’ compensation or any other purpose. Contrac tor
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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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
24
Page 3 of 5
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 merit and
qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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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 n ot 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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5 of 5
SIGNED AND AGREED BY BOTH PARTIES ON THE 24th DAY OF OCTOBER 2023.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Dave Waggoner, Mayor Hardrives Construction, Inc.
ATTEST: Employer Identification Number
___________________________________ __________________________
Kelly Strecker, Clerk/Treasurer
27
28
29
File Attachments for Item:
6. Resolution - A Resolution Of The City Council Approving And Authorizing The Disposal Of
City Of Laurel Records.
30
R23-____ Approve and Authorize the Disposal of City of Laurel Records.
RESOLUTION NO. R23-_____
A RESOLUTION OF THE CITY COUNCIL APPROVING AND AUTHORIZING
THE DISPOSAL OF CITY OF LAUREL RECORDS.
WHEREAS, the City of Laurel (hereinafter “the City”) previously set the retention
schedules for City records, pursuant to Schedule 8 of the Montana State Local Government
Records Committee, Municipal Records Schedule;
WHEREAS, certain City records constitute records that can be destroyed that are both
over ten years old (RM60) and less than ten years old (RM88), and such records have been
identified as ready for disposal as provided on the attached retention schedules; and
WHEREAS, the adopted procedure to dispose of said records requires City of Laurel
City Council approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the City Council has reviewed the attached listing of records for disposal and
hereby directs the Clerk-Treasurer to proceed with the disposal of said records.
Introduced at a regular meeting of the City Council on the _____ day of November,
2023, by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
November, 2023.
APPROVED by the Mayor the _____ day of November, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
31
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
32
RECORDS DESTRUCTION DOCUMENT (RM88)
NO.
PAGE OF PAGES
1. AGENCY NAME AND DIVISION/PROGRAM:
City of Laurel
2. AGENCY CONTACT:
NAME: Kelly Strecker
PHONE #: 406-628-7431 EMAIL:kstrecker@laurel.mt.gov
3. NOTICE OF INTENTION: The schedule records listed in Item 5 are to be disposed of in the manner checked below (specify only one).
Delete Incinerate Shred as Classified Toss without Restriction
Other: Explain
4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements or Offer
to the State Historical Society Archives has been fully justified, and that further retention is not required for any litigation pending or
imminent. Documentation attached from Historical Society.
SIGNATURE:
NAME AND TITLE:
DATE:
5. LIST OF RECORD SERIES
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Schedule
Number
b.
Item number listed
on Retention
Schedule
c.
Record Series Title
d.
Retention in
months/years
e.
Inclusive
Dates
f.
Volume in
Cubic Feet
g.
Disposition Action
and Date
completed after
Authorization
8 1 Pg50 AR Activity Ambulance 5y
FY 13, 13,
16, 17 1
8
3 Pg 53
Journal Adjustments Records
5y
FY 08, 09,
10, 11, 12,
13, 14, 15,
16, 17
1
8
5 Pg 62
Budget Working Papers
5 y
FY
16,17.18
1
8 6 Pg 78 Insurance: Claims 2y FY 13, 14 .5
8
20a Pg 81
Workers Comp.
2y
FY 14, 15
.5
8
8Pg116
Monthly Operating Reports
5y
FY15
.5
8
3 Pg50
AR Trial Balance
5y
FY13/14
1
8
1b Pg 34
CDBG Project File
5y
FY 09, 10
1
6. DISPOSAL AUTHORIZATION: Disposal for the above listed
records is authorized. Any deletions or modifications are indicated.
Custodian/Records Manager
Name: Date:
Signature:
7. DISPOSAL CERTIFICATE: The above listed records have been
disposed of in the manner and on the date shown in column g.
Name and Title:
Signature:
33
5. LIST OF RECORD SERIES-CONTINUED
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Schedule
Number
b.
Item number listed
on Retention
Schedule
c.
Record Series Title
d.
Retention in
months/years
e.
Inclusive
Dates
f.
Volume in
Cubic Feet
g.
Disposition Action
and Date
completed after
Authorization
8 9 Pg 79 Labor Union Negotiations Records 8y 2011 1
8
5 Pg 25
Claims
5y
FY 11, 12,
13, 14, 15,
16, 17, 18
Electronic
8
5 Pg 90
Permits
5y
FY 07, 08,
09, 10 ,11,
12, 13, 14,
15, 16, 17,
18
1
8 4 Pg 22
Commission/Council
Meetings:Sound/Video Recordings 1y FY 22 Electronic
8
3b Pg 20
Commission/Council Meetings:
Agendas
2y
FY 92-21
1
8
3b Pg 22
Boards/Commissions Agendas
2y
FY 99-21
1
8
3a Pg 62
Bid & Proposal
8y
FY 07-14
1
8
8 Pg 83
W-2
4y
FY81-00
1
8 12 Pg 79 Payroll Registers 50y FY 57-72 .25
8
1 Pg 47
Bank Statements
5y
FY 16, 17
1
8
2 Pg 53
Revenue Vouchures
5y
FY16, 17
1
8 3 Pg 110 Deposits 3y FY 16, 17 1
8
3 Pg 50
Balancing
5y
FY 16, 17
1
8
2 pg 48
Canceld Vendor Checks
5y
FY 17
1
8
13 pg 65
Insurance Policies
5y
FY12, 13,
14,
15,16,17
2
8
18 PG 80
Requistion For Hiring
2y
FY 17, 18,
19, 20, 21
1
34
35
File Attachments for Item:
7. Ordinance - An Ordinance Amending Title 12, Chapters 12.18.010 And 12.18.060 Of The
Laurel Municipal Code Related To Special Events Permits.
36
Ordinance No. 023-_____ Amend Title 12, Chapter 12.18 (Special Events Permits)
ORDINANCE NO. 023-_____
AN ORDINANCE AMENDING TITLE 12, CHAPTERS 12.18.010 AND 12.18.060 OF
THE LAUREL MUNICIPAL CODE RELATED TO SPECIAL EVENTS PERMITS.
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating Chapters, Sections, and Subsections to address situations and problems
within the City and to remain in accordance with Montana law;
WHEREAS, City Staff prepared, reviewed, and approved the following amendments to
the existing LMC § 12.18 et al, as noted herein, and hereby recommends the same to the City
Council for their full approval; and
WHEREAS, the proposed changes to the existing LMC § 12.18.010 and 12.18.060 are
attached hereto and hereby fully incorporated herein. See attached revised Chapters and
proposed Ordinance changes.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on the
_____ day of ______________, 2023, upon Motion by Council Member
_____________________.
PASSED and ADOPTED by the Laurel City Council on second reading on the _____
day of ______________, 2023, upon Motion by Council Member _____________________.
APPROVED BY THE MAYOR on the _____ day of ______________, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
37
Ordinance No. 023-_____ Amend Title 12, Chapter 12.18 (Special Events Permits)
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
38
Created: 2023-10-23 14:37:20 [EST]
(Supp. No. 20)
Page 1 of 2
Chapter 12.18 SPECIAL EVENT PERMITS
12.18.010 Requirement to obtain special event permit.
A. It is unlawful for any person to conduct any event in or upon any public street, highway, sidewalk, alley, or
other public way owned, controlled, or maintained by or within the city, or knowingly participate in any such
event, unless and until a special event permit to conduct such event has been obtained from the city.
B. It is unlawful for any person to conduct any event in or upon property owned, controlled, or maintained by
the city, or knowingly participate in any such event, unless and until a special event permit to conduct such
event has been obtained from the city if:
1. The event involves more than fiftytwenty-five people;
2. The event involves the consumption of alcoholic beverages;
3. The event involves the physical alteration to city property;
4. The event involves vending/solicitation; or
5. If fees are to be collected by the permittee for the event.
C. The following activities are exempt from the special event permit requirement: funeral processions, lawful
picketing on sidewalks when the number of participants does not substantially impede, obstruct, impair, or
interfere with the free use of the sidewalk or the conduct of business, and activities conducted by a
governmental agency acting within its scope of authority.
(Ord. 07-03 (part), 2007)
(Ord. No. O22-06, 11-8-2022)
12.18.060 Insurance and indemnity.
Sponsoring persons, organizations, companies, corporations, or other entities applying for a special event
permit shall hold the city harmless and indemnify from any and all claims, damages, loses and expenses arising
from the special event. Applicants for a special event permit shall agree in writing to hold harmless and indemnify
the city for any and all claims, lawsuits, or liability, including attorney's fees and costs allegedly arising out of the
loss, damage, or injury to persons or personal or public property occurring during the course of or pertaining to the
special event caused by the events sponsoring organizations, companies, corporations, or other entities, their
officers, employees, or agents.
The sponsoring organization shall carry appropriate insurance as required by the city, including
comprehensive general liability, automobile liability and/or designated premises liability in the minimum amount
of onetwo million dollars per occurrence and twofour million dollars aggregate per event or location, and when
deemed necessary, the City can require more insurance coverage for higher-exposure events. The city must be
named as an additional named insured.
The mayor has the authority to waive the requirements contained in this section. Additionally, the mayor
may require insurance coverage in a higher or lower amount based upon the type of special event, the number of
persons anticipated to attend the special event, or the anticipated number of person s participating in the special
event.
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Created: 2023-10-23 14:37:21 [EST]
(Supp. No. 20)
Page 2 of 2
Each applicant shall execute a hold harmless agreement in a form approved by the city agreeing to defend,
indemnify, and hold harmless the city against losses and liabilities incurred from the conduct of the applicant or its
officers, employees, and agents. The agreement must be submitted to the mayor with the application for a special
event permit.
(Ord. 07-03 (part), 2007)
(Ord. No. O14-02, 7-15-2014; Ord. No. O22-06, 11-8-2022)
40