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HomeMy WebLinkAboutResolution No. R24-30"t I A RE SOLUTION OF THE CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF LAUREL AND YELLOWSTONE COUNTY FOR THE W. 121h STREET OVERLAY PROJECT. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Memorandum of Understanding by and between the City of Laurel and Yellowstone County for the W. 12" Street Overlay Project (hereinafter "the MOU for the W. 12th Street Overlay Project"), a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the MOU for the W. 12"' Street Overlay Project on behalf of the City. Introduced at a regular meeting of the City Council on the 23 d day of April 2024, by Council Member Banks. PASSED and APPROVED by the City Council of the City of Laurel the 23`d day of April 2024. APPROVED by the Mayor the 23`d day of April 2024. M .0 F Al, V 0 U IkT 1/111/1111mkl� ATTEST: re1 Strc r,Tlerk-Treasurer APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R24-30 Approve MOU for W. 12111 Street Overlay Project CITY OF LAUREL d Dave Waggoner, 'Mayor This Memorandum of Understanding (MOU), has been made and entered into by Yellowstone County, (County), and the City of Laurel, (City). The City is asphalt overlaying a portion of W. 121t' Street, a portion of W. 12th Street is outside the City limits. The County would like to have their portion of W. 121' Street overlayed as well. The City has received a quote for the paving project. The project will include the County's portion and the City's portion of W. 121` Street. The County has agreed to pay the City for the portion of W. 12th Street that is outside the City. A general map of the project is shown as Exhibit A. The City and the County agree via this MOU to pay their proportionate share of this Project, SECTION III: RESPONSIBILITIES City Rewonsibilitles: The City shall solicit quotes, award the project to the lowest responsible contractor, enter into a contract with the contractor for the project. Once the project is completed the City will pay the contractor for the entire project. Developer Resoonsibilities: Upon successful completion of the Project, the County shall reimburse the City for the cost of their portion of the project. SECTION IV: INDEMNIFICATION The City agrees to hold harmless and indemnify the County from and against all claims, losses damages, or liability, resulting from the negligence of the City or its employees and agents in the performance of this MOU. The County agrees to hold harmless and indemnlfV the City from and against all claims, losses 11 P a g e damages, or liability, resulting from the negligence of the Developer or its employees and agents in the performance of this MOU. Any claims ordisputes arising out of this MO4its performance that is not disposedof by agreement of the parties,shall besubmitted tnmediation for resolution ofthe disagreement. If mediation fails the dispute shall be submitted to arbitration before a single arbitrator according to the rules and practices ofthe American Arbitration Association and the findings ofthe arbitrator shall be binding on all parties to this MOU. Any costs associated with medication and arbitration shall be born equally byboth parties. Both parties are bound by the terms ufthis MOUuntil the Project is completed and the Project has been closed out. The Project will end when the Project has been closed out. Dave Waggoner John Ostland Mayor Chairmen City ofLaurel Yellowstone Board of County Commissioner k&d /� 2Q24 Date Date 2 1Pa8e