HomeMy WebLinkAboutResolution No. R23-88RESOLUTION APPROVING Y MEMORANDUMOF D 1
BETWEEN THE CITY OF LAUREL AND BEARTOOTH RESOURCE
CONSERVATION & DEVELOPMENT AREA, INC.
WHEREAS, the Beartooth Resource Conservation & Development Area, Inc.
(hereinafter "the Beartooth RC&D") has been formally recognized by the U.S. Department of
Commerce, Economic Development Administration (hereinafter "EDA") as a designated
Economic Development District (hereinafter "EDD"), and as a District, the Beartooth RC&D
has been awarded funding to carry out its Comprehensive Economic Development Strategy
(hereinafter "CEDS"); and
WHEREAS, the City of Laurel, as a participating entity in the District, is required to
execute a Memorandum of Understanding by and between the Beartooth RC&D and the
Yellowstone County Commissioners, in cooperation with the City of Billings, the City of
Laurel, and Big Sky EDA.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The MOU by and between the City of Laurel and Beartooth
Resource Conservation, a copy attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the MOU on
behalf of the City.
Introduced at a regular meeting of the City Council on the 12th day of December 2023
by Council Member Sparks.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
12th day of December 2023.
APPROVED by the Mayor on the 12th day of December 2023.
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CITY OF LAUREL
Dave Waggoner, Mayr
R23-88 Approve MOU Related to Beartooth Resource Conservation
ATTEST:
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4Jerk-Treasurer
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R23-88 Approve MOU Related to Beartooth Resource Conservation
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MEMORANDUM OF UNDERSTANDING
Between
Yellowstone County Commissioners, Big Sky Economic Development Authority,
City of Billings, City of Laurel
And
Beartooth Resource Conservation & Development Area, Inc.
IS MEMORANDUM OF UNDERSTANDING is made and entered into this day of
, 2025, by and between Beartooth Resource Conservation & Development
Area, Inc., whose principal business address is P.O. Box 180, Joliet, Montana 59041, hereinafter
referred to as "Beartooth RC&D" and Yellowstone County Commissioners (in cooperation
with the City of Billings, City of Laurel, and Big Sky EDA), and hereinafter referred to as "the
Entitv."
WHEREAS, The Beartooth RC&D has been formally recognized by the U.S. Department of
Commerce, Economic Development Administration (EDA) as a designated Economic
Development District (EDD), and as a District, the Beartooth RC&D has been awarded funding to
carry out its Comprehensive Economic Development Strategy (CEDS). This funding will provide
a staff person, administrative support and operating costs. This is a continual grant, renewable
based on successful program operation and availability of federal funds. Local match is required.
WHEREAS, Each entity participating in the District will designate a representative and an
alternate to the regional Beartooth RC&D Board. This individual will convey the needs and
economic development goals of the community to the Beartooth RC&D board meetings. Regular
board meetings will be held every two months to assess project status and evaluate regional
economic development needs.
NOW THEREFORE IT IS UNDERSTOOD AS FOLLOWS:
ARTICLE 1: SCOPE OF WORK:
Beartooth RC&D employs an Economic Development Director to assist in the completion of the
Comprehensive Economic Development Strategy for the five -county region. The Director's time
will be allocated consistent with the goals in the CEDS by the Beartooth RC&D board of directors.
The board is composed of one representative and an alternate from business partners, county and
local elected officials and local economic development partners from our five -county region.
Input from this board is essential for meeting the needs of the communities in our region.
Priority will be assigned projects of regional scope or projects with strong local leadership. Grant
funding for this position is from EDA; therefore, emphasis will be on regional economic
development planning and projects which have a correlation to job creation, economic
diversification and increased tax base. Matching funds are from participating entities and
emphasis will be placed on their specified projects.
Annual Evaluation:
The performance of the Economic Development District will be evaluated annually by local
entities participating on the regional Beartooth RC&D Board. Progress and/or accomplishments
on each program/project will be reported and evaluated to ensure resources are being utilized in the
most effective and efficient manner possible. Annual Comprehensive Economic Development
Strategy updates and an annual plan of work will be developed with input from the Beartooth
RC&D staff and board. Annual reports on projects and economic development activities will be
provided to the board and participating entities along with the renewal of the Memorandum of
Understanding.
ARTICLE 2: PERIOD OF PERFORMANCE:
The term of this Memorandum of Understanding shall be from the date it is signed through
December 31, 2024, unless extended by mutual agreement by both parties. Such extension must
be in writing, signed by authorized representatives of both parties, and made a part of the original
Memorandum of Understanding by modification reference. This Memorandum of Understanding
supersedes the prior Memorandum for participation in the Economic Development District.
ARTICLE 3: PAYMENT:
The Entity's annual contribution will be $4,500.00 as a "Membership" fee plus a per capita
assessment of .19 cents per person. These funds will provide the necessary match to obtain the
$70,000.00 in federal funds. Entities who do not participate financially in the match requirement
will not receive services from the Economic Development Coordinator. The calculated fee for
the Entity is $36,771.88. This figure is a total of the $4,500.00 fee plus $32,271.88 per capita
formula using a population of 169,852 as per the 2022 Census data. The Entity's full payment will
be separated into a four-way payment system. Each entity within the county will pay a percentage
(%) similar to the previous year. Big Sky EDA- 34% or $12,502.44, City of Billings- 36% or
$13,237.88, City of Laurel- 6% or $2,206.31, and Yellowstone County- 24% or $8,825.25.
Annually, the Beartooth RC&D/EDD staff will provide a comprehensive report of the past year's
activity. A new Memorandum of Understanding will be prepared and a request for the following
year's match submitted. Entities will be billed for match funds after January 1, 2024, for the
current year's assessment.
Payment as provided in this section shall be full compensation for work performed, services
rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the
work.
ARTICLE 4: EXAMINATION OF RC&D RECORDS:
The Entity or its representatives shall have the right to examine any books, records, or other
documents of the Beartooth RC&D, directly relating to costs when such costs are the basis of
compensation hereunder.
t
Reproducible copies of all documents and other materials produced by the Beartooth RC&D in
connection with the services rendered under this Memorandum of Understanding shall be provided
to the Entity for the Entity's use whether the project for which they are made is executed or not.
The Beartooth RC&D shall be permitted to retain originals, including reproducible originals, of
drawings and specifications for information, reference and use in connection with Beartooth
RC&D endeavors.
The Beartooth RC&D warrants that all services performed herein shall be performed using that
degree of skill and care ordinarily exercised in and consistent with generally accepted practices for
the nature of the services and shall conform to all requirements of this Memorandum of
Understanding.
The Beartooth RC&D agrees to fully comply with the Occupational Safety and Health Act of
1970, all regulations issued thereunder and all state laws and regulations enacted and adopted
pursuant thereto. The Beartooth RC&D shall take all necessary precautions in performing the
services hereunder to prevent injury to persons or damage to property.
The Beartooth RC&D agrees to hold in strict confidence any proprietary or other data, findings,
results, or recommendations deemed to be confidential by the Entity and obtained or developed by
the Beartooth RC&D in connection with the work under this Memorandum of Understanding. The
Beartooth RC&D warrants and agrees they do not and will not have any conflicts of interest
regarding the performance of services hereunder.
ARTICLE 9: APPLICABLE LAW:
This Memorandum of Understanding shall be governed in all respects by the laws of the State of
Montana. No changes, amendments or modifications of any of the terms and conditions hereof
shall be valid unless agreed to in writing. Venue of any proceeding arising hereunder shall be the
Twenty-second Judicial District.
ARTICLE 10: COMPLIANCE WITH LAWS:
The Beartooth RC&D shall in performing the services contemplated by this Memorandum of
Understanding, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services to be rendered under this Memorandum of
Understanding.
ARTICLE 11: CHANGES:
The parties, by mutual agreement, may, at any time during the term of this Memorandum of
Understanding and without invalidating the Memorandum of Understanding, make changes within
the general scope of the Memorandum of Understanding. The Beartooth RC&D to perform such
changed services. The Entity's priority list for project work within their area can be changed at any
time. In such case, the District will be informed of this change at the Entity's earliest convenience.
ARTICLE 12: TERMINATION:
This Memorandum of Understanding may be terminated in whole or in part, in writing, by either
party in the event of substantial failure by the other party to fulfill its obligations under this
Memorandum of Understanding through no fault of the tenninating party, provided that no
termination may be effected unless the other party is given: (1) not less than ten (14) days written
notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an
opportunity for consultation with the terminating party prior to termination.
Upon such termination the Entity shall pay the Beartooth RC&D amounts due and unpaid for
services rendered as of the effective date of termination, and the Beartooth RC&D shall provide to
the Entity all materials, surveys, reports, data, and other information performed or prepared as of
such date.
ARTICLE 13: INDEMNIFICATION:
The Beartooth RC&D agrees to and does hereby indemnify and save the Entity, its officers,
officials and employees, harmless against and from:
1. Any and all claims and liabilities, including but not limited to costs, expenses, and
attorney fees arising from injury to, or death of, persons (including claims and liabilities for care or
loss of services in connection with any bodily injury or death) and including injuries, sickness,
disease, or death to Beartooth RC&D employees occasioned by a negligent act, omission, or
failure of the Beartooth RC&D;
2. Any and all claims and liabilities, including costs and expenses, for loss or
destruction of or damage to any property belonging to the Beartooth RC&D or the Entity caused
by a negligent act, omission, or failure of the Beartooth RC&D; and
3. Any fines, penalties, or other amounts assessed against the Entity by reason of the
Beartooth RC&D failure to comply with all health, safety, and environmental laws and regulations
applicable to the services; resulting directly or indirectly from, or occurring in the course of the
Beartooth RC&D performance of the services. However, this indemnity shall not extend to claims
and liabilities for (i) injury or death to persons or (ii) loss of or damage to property to the extent
that these claims and liabilities result directly from the Entity's negligence or willful misconduct.
The Beartooth RC&D shall maintain and demonstrate the following types of insurance:
1. The Beartooth RC&D agrees that its employees and particularly the employees
designated to work on this Memorandum of Understanding are covered by applicable Worker's
Compensation provisions. The Beartooth RC&D further agrees that if the Entity should legally
incur any costs whatsoever under the Worker's Compensation laws by reason of the Beartooth
RC&D employees' injury or death while engaged in the contract work, the Beartooth RC&D will
indemnify and hold harmless the Entity for such costs which the Entity may legally be required to
pay to employees of the Beartooth RC&D.
2. Comprehensive general liability insurance for bodily injury, death, or loss of or
damage to property of third persons or other liability due to the negligent acts of the Beartooth
RC&D in the minimum amounts of $500,000 per occurrence and $1,000,000 aggregate for
personal injury; and $500,000 per occurrence/aggregate for property damage. Upon request, proof
of coverage as required by this section shall be delivered to the Entity within fifteen (15) days of
execution of this Agreement.
Professional liability errors and omissions insurance in a minimum amount of
$100,000.00.
The Beartooth RC&D will not discriminate against any employee or applicant for employment
relating to this project on the basis of race, color, religion, creed, political ideas, sex, age, marital
status, physical or mental handicap or national origin. All hiring associated with any project shall
be on the basis of merit and qualifications related to the requirements of the particular position
being filled.
ARTICLE 16: INDEPENDENT CONTRACTOR:
The Beartooth RC&D and the Entity agree that the Beartooth. RC&D is an independent
contractor with respect to the services provided pursuant to this Memorandum of Understanding.
Nothing in this Memorandum of Understanding shall be considered to create the relationship of
employer and employee between the parties hereto. Neither the Beartooth RC&D, nor any
employee of the Beartooth RC&D; shall be entitled to any benefits accorded Entity's employees by
virtue of the services provided under this Memorandum of Understanding. The Entity shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state Worker's Compensation program, nor shall the Entity be deemed in any
way to assume the duties of an employer with respect to the Beartooth RC&D, or any employee of
the Beartooth RC&D.
ARTICLE 17: ASSIGNMENT:
The Beartooth RC&D shall not sublet or assign any of the services covered by this Memorandum
of Understanding without the express written consent of the Entity.
ARTICLE 18: NON -WAIVER:
Waiver by the Entity of any provision of this Memorandum of Understanding or any time
limitation provided for in this Memorandum of Understanding shall not constitute a waiver of any
other provision.
ARTICLE 19: NOTICES:
Any Notice to be served hereunder may be served upon the parties personally or served by
certified mail, return receipt. Notice served by mail shall be deemed complete upon deposit of said
notice in any United States Post Office, postage prepaid, directed to the party to be served, at the
following addresses:
ENTITY: City of Laurel
P.O. Box 10
Laurel, MT 59044
ARTICLE 20: INTEGRATED AGREEMENT:
RC&D: Beartooth RC&D
P.O. Box 180
Joliet, MT 59041
This Memorandum of Understanding together with attachments or addenda represents the entire
and integrated Agreement between the Entity and the Beartooth RC&D and supersedes all prior
negotiations, representations, or agreements, written or oral. This Memorandum of Understanding
may be amended only by written instrument signed by both the Entity and the Beartooth RC&D.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this
Memorandum of Understanding the day and year in this instrument first above written.
CT`s OF LAUREL,--\ BEARTOOTH RC&D/EDD
Dave Waggoner Ran Van allegoo en
Mayor Chairman
ATTEST: Date: �-