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HomeMy WebLinkAboutCity Council Packet 07.23.2024 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, JULY 23, 2024 6:30 PM COUNCIL CHAMBERS 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. 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 Minute of July 9, 2024. Correspondence 2. Fire Monthly Report - June 2024 Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action wi ll 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. 3. Claims entered through July 19, 2024. 4. Clerk/Treasurer Financial Statements for the month of January 2024. 5. Clerk/Treasurer Financial Statements for the month of Februay 2024. 6. Clerk/Treasurer Financial Statements for the month of March 2024. 7. Clerk/Treasurer Financial Statements for the month of April 2024. 8. Clerk/Treasurer Financial Statements for the month of May 2024. 9. Clerk/Treasurer Financial Statements for the month of June 2024. 10. Approval of Payroll for PPE 7/7/2024 totaling $286,099.21. 11. Council Workshop Minutes of July 2, 2024. 12. Closed Executive Session Minutes of July 2, 2024. Ceremonial Calendar 1 Reports of Boards and Commissions 13. Budget/Finance Committee Minutes of June 25, 2024. 14. Budget/Finance Committee Minutes of July 9, 2024. 15. Cemetery Commission Minutes of April 16, 2024. 16. Public Works Committee Minutes of June 17, 2024. 17. Emergency Services Committee Minutes of June 24, 2024. 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 18. Appointment of Paige Farmer to the Library Board for a five-year term ending June 30, 2029. 19. Resolution No. R24-51: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Ace Electric, Inc. 20. Resolution No. R24-52: A Resolution Of The City Council Authorizing The Mayor To Execute The Retail Sales Agreement With AVI Systems 21. Resolution No. R24-53: A Resolution Of Intent Of The City Council To Approve Street Vacation Petition And Set Public Hearing. 22. Resolution No. R24-54: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Agreement For Pro Tem Judge Services. 23. Resolution No. R24-55: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Dr. Jedediah Walker For The Medical Director Position For The Laurel Ambulance Service. 24. Resolution No. R24-56: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With River Ridge Landscaping Co. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a 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 590 44, or present your request at City Hall, 115 West First Street, Laurel, Montana. 2 File Attachments for Item: 1. Approval of Minute of July 9, 2024. 3 4 5 6 File Attachments for Item: 2. Fire Monthly Report - June 2024 7 No of Calls No of Hours 7 12 Extrications 5 Other Rescues 3 1 Public Assist 4 Medical Assist.4 12 48 Totals 655 Fire Prevention Total Training Total Maintenance Total 655 Announcements: Engine 2071, 2297 and T2 responded mutal aid to the BO Fire in Billings. Number of calls reflects ambulance driving. Alarms Wildland Fires Report for the Month of Structure Fires Severity Staffing Major Calls Several MVAs Structure Fires Mutal Aid Grass Fire Total Hours Staffed 63 Laurel Fire Department Community Service Jun-24 Ambulance Driver Structure Firefighting Conduct all levels of Structure Firefighting to include entry and attack, ventilation, salvage, overhaul, and investigation. A structure fire is a fire involving the structural components of various types of residential, commercial or industrial buildings. Wildland Firefighting Wildfire,brush fire, bush fire, desert fire, forest fire, grass fire, hill fire, peat fire, vegetation fire. Extrications Rescue victims entrapped in automobiles, machinery, farm equipment, buildings, and trenches. Other Rescues Rope Rescue, Water Rescue, Ice Rescue Alarms Any false alarms or malfunctions. Other Calls EMS assist, Industrial or Aircraft firefighting, Vehicle Fire, Hazmat, Spills, Public safety, Investigations, gas leaks, Carbon Monoxide problems, etc. Severity Staffing-Montana DNRC pays up to 8 firefighters to staff the station each day and respond as a Task Force to wildland fires within Yellowstone, Stillwater and Carbon Counties. They can also be called up to respond to fires anywhere in the Southern Zone areas. The 2 State owned type 5 wildland engines assigned to Laurel is used. This as proved to be beneficial to Laurel as means for quick responses to all incidents. 8 File Attachments for Item: 11. Council Workshop Minutes of July 2, 2024. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 File Attachments for Item: 13. Budget/Finance Committee Minutes of June 25, 2024. 82 83 84 File Attachments for Item: 14. Budget/Finance Committee Minutes of July 9, 2024. 85 86 87 File Attachments for Item: 15. Cemetery Commission Minutes of April 16, 2024. 88 89 File Attachments for Item: 16. Public Works Committee Minutes of June 17, 2024. 90 91 92 93 94 95 96 97 File Attachments for Item: 17. Emergency Services Committee Minutes of June 24, 2024. 98 99 100 File Attachments for Item: 18. Appointment of Paige Farmer to the Library Board for a five-year term ending June 30, 2029. 101 From:City Mayor To:Brittney Harakal Subject:Fwd: Open Library Board Position Date:Monday, July 1, 2024 10:00:49 AM Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Nancy Schmidt <laurelpl@mtlib.org> Sent: Monday, July 1, 2024 9:23:06 AM To: City Mayor <citymayor@laurel.mt.gov> Subject: Re: Open Library Board Position Mayor Waggoner, I find this applicant acceptable. She, and her family, are regular library users so she has had ample opportunity to see how the library is run and where she may suggest changes to better serve the community. I look forward to working with her. Nancy Schmidt On Thu, Jun 27, 2024, 2:44 PM City Mayor <citymayor@laurel.mt.gov> wrote: Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Paige Farmer <paigefarmer1992@gmail.com> Sent: Thursday, June 27, 2024 2:42:13 PM To: City Mayor <citymayor@laurel.mt.gov> Subject: Open Library Board Position Hello Mayor Waggoner, My name is Paige Farmer. I'm writing in regards to the open Library Board position. If that position is still available, I'd love the opportunity to apply. The Library has been a treasure to my family and I'd greatly appreciate the chance to offer new ideas and learn more about my community. If there is anything else I need to complete or do, please let me know! Thank you! Paige Farmer 1328 5th Avenue 102 File Attachments for Item: 19. Resolution No. R24-51: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Ace Electric, Inc. 103 R24-51 Approve Independent Contractor Service Contract by and between the City of Laurel and Ace Electric, Inc. RESOLUTION NO. R24-51 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH ACE ELECTRIC, INC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract by and between the City of Laurel (hereinafter “the City”) and Ace Electric, Inc., a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Independent Contractor Service Contract with Ace Electric, Inc on behalf of the City. Introduced at a regular meeting of the City Council on the 23rd day of July, 2024, by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel the 23rd day of July, 2024. APPROVED by the Mayor the 23rd day of July, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 104 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 23rd day of July, 2024, 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 Ace Electric, Inc., a contractor licensed to conduct business in the State of Montana, whose address is 808 W. Main Street, 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 October 23, 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 seventeen thousand five hundred eighty-five dollars and no cents ($17,585.00) for the work described in Exhibit A. Any alteration or deviation form the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or su b- 105 Page 2 of 5 contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all m aterials 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. 106 Page 3 of 5 J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees 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. 107 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 no t 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. 108 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF JULY 2024. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Ace Electric, Inc. ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 109 110 File Attachments for Item: 20. Resolution No. R24-52: A Resolution Of The City Council Authorizing The Mayor To Execute The Retail Sales Agreement With AVI Systems 111 R24-52 Approve Retail Sales Agreement by and between the City of Laurel and Avi Systems, Inc. RESOLUTION NO. R24-52 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE RETAIL SALES AGREEMENT WITH AVI SYSTEMS, INC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Retail Sales Agreement by and between the City of Laurel (hereinafter “the City”) and Avi Systems, Inc., a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Retail Sales Agreement with Avi Systems, Inc. on behalf of the City. Introduced at a regular meeting of the City Council on the 23rd day of July, 2024, by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel the 23rd day of July, 2024. APPROVED by the Mayor the 23rd day of July, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 112 Printed on July 02, 2024 Page 1 of 6 1255118 Retail Sales Agreement Reference Number: 1255118 Prepared For: City of Laurel Attn: Brittney Harakal Prepared By: Mark Hunt Phone: (406)969-3336 Email: mark.hunt@avisystems.com Date: July 02, 2024 City of Laurel - Mic & FTR Addition for the Court Project: Project Number: AVI Systems Inc. 655 E 54th Street North, Sioux Falls, SD 57104 Phone: (605)782-4141 Fax: (605)782-4142 INVOICE TO SITE Attn: Brittney Harakal City of Laurel PO Box 10 Laurel, MT 59044 Phone: (406)628-7431 Email: bharakal@laurel.mt.gov Customer Number: COL0045 Attn: Brittney Harakal City of Laurel PO Box 10 Laurel, MT 59044 Phone: (406)628-7431 Email: bharakal@laurel.mt.gov COMMENTS PRODUCTS AND SERVICES SUMMARY Equipment $6,869.36 Integration $3,731.40 PRO Support $0.00 Shipping & Handling $293.00 Tax $0.00 Grand Total $10,893.76 Unless otherwise specified. The prices quoted reflect a discount for a cash payment (i.e., check, wire transfer) made by Customer in full within the time stated for payment on each invoice. Discount only applies to new items included on the invoice, and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge. The prices are valid for 15 days and may be locked in by signing this Retail Sales Agreement. Overdue balances are subject to a finance charge of 1.5% per month, or interest at the highest rate permitted by applicable law. In the event AVI must pursue collection of unpaid invoices, Customer agrees to pay all of AVI's costs of collection, including its a ttorneys' fees. INVOICING AND PAYMENT TERMS Customer and AVI have agreed on the payment method of CHECK. Payment must be remitted by stated method. To the extent Customer seeks to use of any payment methods other than stated, and that payment method results in an increased transaction c ost to AVI, the new payment must be approved in writing, and the Customer shall be responsible for paying the increased transacti on cost to AVI associated with the change in payment method. Payments shall be made 30 days from invoice date. So long as the invoice has been sent and the Customer's payment is made within the terms work will continue. AVI uses progress billing, and invoices for equipment and services allocated to the contract on a monthly basis. Unless other wise specified, all items quoted (goods and services) as well as applicable out of pocket expenses (permits, licenses, shipping, e tc.) are invoiced in summary (including applicable sales taxes due for each category of invoiced items). 113 Printed on July 02, 2024 Page 2 of 6 1255118 Customer is to make payments to the following "Remit to" address: AVI Systems PO Box 842607 Kansas City, MO 64184-2607 Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an automated clearin ghouse with electronic remittance detail, in accordance with the payment instructions AVI Systems provides on its invoice to Custome r. A monthly summary of detailed equipment received is available upon request. Equipment received may be different than equipment billed based on agreed billing method. TAXES AND DELIVERY Unless stated otherwise in the Products and Services Summary above, AVI will add and include all applicable taxes, permit fee s, license fees, and delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s) and/or service(s) are provided. Unless Customer provides a valid tax exemption certificate for any tax exemption(s) claimed, AVI shall invoice for and collect all applicable taxes in accordance with state law(s), and Customer will be respon sible for seeking a tax credit/refund from the applicable taxing authority. AGREEMENT TO QUOTE AND DOCUMENTS CONSTITUTING YOUR CONTRACT WITH AVI Customer hereby accepts the above quote for goods and/or services from AVI. When duly executed and returned to AVI, AVI's Credit Department will check Customer's credit and approve the terms. After approval by AVI's Credit Department and signature by AVI, this Retail Sales Agreement will, together with the AVI General Terms & Conditions (which can be found at http://www.avisystems.com/TermsofSale) form a binding agreement between Customer and AVI. (This Retail Sales Agreement and the AVI General Terms & Conditions of Sale (the T&Cs) are referred to collectively as the Agreement). If not defined in this Agreement, all capitalized terms shall have the meaning given to them in the T&Cs. Should AVI's Credit Department determine at any point prior to AVI commencing work that Customer's credit is not adequate, or should it otherwise disapprove of the commercia l terms, AVI reserves the right to terminate the Agreement without cause and without penalty to AVI. AGREED AND ACCEPTED BY AVI Systems, Inc. Company Company Signature Signature Printed Name Printed Name Date Date CONFIDENTIAL INFORMATION The company listed in the "Prepared For" line has requested this confidential price quotation, and shall be deemed "Confident ial Information" as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violati on of this confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), yo u are not properly in possession of this document and you should immediately destroy all copies of it. PRODUCTS AND SERVICES DETAIL PRODUCTS: Model # Mfg Description Qty Price Extended City of Laurel Court Mic Addition MX418D/C SHURE Gooseneck Microphone, attached desktop base, cardioid, length 45 cm (18), with programmable button a 4 $300.00 $1,200.00 114 Printed on July 02, 2024 Page 3 of 6 1255118 DB-XLR3F RDL - RADIO DE XLR 3-PIN FEMALE JACK ON D PLATE - SOLDER TYPE - B 4 $22.00 $88.00 SQ-XLRM-F-25 LIBERTY AV MIC CBL XLR M-F 3C 25' BLK 2 $46.00 $92.00 SAS430G SAFCORD Cord and Cable Protector, Hooks to carpet, 4" x 30 1 $156.00 $156.00 Sub-Total: City of Laurel Court Mic Addition $1,536.00 City of Laurel Court FTR Addition AMS-SCAR-18I203G FOCUSRIT E Focusrite Scarlett 18i20 (3rd Gen) USB Audio Interface 1 $698.00 $698.00 FTRGRS7.7 FTR FTR Gold Recording Suite 7.7 1 $3,695.00 $3,695.00 PWS60699GS10ZN FTR FTR 1 Year Support includes telephone and remote support and software assurance which will entitle t 1 $800.00 $800.00 OFE OWNER Laptop 1 $0.00 $0.00 22-2P-PINDSH-BLK-500 LIBERTY AV COMMERCIAL 22/2P INDSH CMP BLK 1 $122.13 $122.13 NC3FXX NEUTRIK NEUTRIK XLRF 3P CBL NKL 1 $3.71 $3.71 CG28832 C2G 6ft USB MALE C TO A MALE 3.2 GEN 1 3A 1 $14.52 $14.52 Sub-Total: City of Laurel Court FTR Addition $5,333.36 City of Laurel - Mic Addition for the Court Engineering & Drawings $516.39 Project Management $595.00 Programming $688.52 On Site Integration $1,814.82 Integration Cables & Connectors $116.67 Sub-Total: City of Laurel - Mic Addition for the Court $3,731.40 Sub-Total: $0.00 Total: $10,600.76 115 Printed on July 02, 2024 Page 4 of 6 1255118 SERVICES TO BE PROVIDED INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: City of Laurel would like to add 4 wired mics for the courtroom scenario. Judge, Witness, and two attorneys. Most likely where we can’t hide the audio cable, we will put down Velcro strips. The Core will need to be programmed accordingly for that application. The system will be able to record with their existing recorder as a mix of the audio. Client is responsible for loading and setting up the FTR software on their laptop. B. SYSTEM DESCRIPTION: Functionality Description: This set up is to be able to record the court proceedings. FTR will be added to the system as well as the microphones for the court. The current audio recorder will still be available to record if needed. • Displays: o NA • Source Devices: o Existing Owner Furnished Computer • Audio: o Existing Owner Furnished Core110F DSP and SPA Amp o Existing Owner Furnished Denon Audio Recorder • Conferencing: o NA • Switching: o Existing Owner Furnished Core110F • Controls: o Existing Owner Furnished QSC TSC-7T • Equipment Location: o Up at the Dais C. EXCLUSIONS: The following work is not included in our Scope of Work: • All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Concrete saw cutting and/or core drilling 116 Printed on July 02, 2024 Page 5 of 6 1255118 • Firewall, ceiling, roof, and floor penetration • Necessary gypsum board replacement and/or repair • Necessary ceiling tile or T-bar modifications, replacements, and/or repair • Structural support of equipment *AVI Systems is not responsible for building-related vibrations • Installation of the ceiling-mounted projection screen • All millwork (moldings, trim, cutouts, etc.) • Patching and Painting • Permits (unless specifically provided for and identified within the contract) • Unless otherwise stated, the pricing in this agreement does not include prevailing wage or union labor • Unless specifically noted, lifts and scaffolding are not included D. CONSTRUCTION CONSIDERATIONS: In order to accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to mak e the necessary modifications to the space as directed by AVI Systems. The costs associated with these modifications are not in cluded in this proposal. E. NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS: • The room(s) match(es) the drawings provided. • Site preparation by the Customer and their contractors include electrical and data placement per AVI Systems specification. • Site preparation will be verified by AVI Systems project manager or representative before the scheduling of the installation. All work areas should be clean and dust free prior to the beginning of the on-site integration of electronic equipment. • Customer communication of readiness will be considered accurate and executable by AVI Systems project manager. • In the event of any arrival to the site that AVI Systems is not able to execute work efficiently and definably progress, the Customer will be charged a fee to reimburse AVI Systems for all lost time and inefficiencies. At this time, the Customer wil l be presented with a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of the integration effort is agreed upon. • Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause scheduling delays of up to 10 business days. • There is ready access to the building/facility and the room(s) for equipment and materials. • There is secure storage for equipment during a multi -day integration. • If Customer furnished equipment and existing cabling are to be used, AVI Systems assumes that these items are in good working condition at this time and will integrate into the designed solution. Any repair, replacement , and/or configuration of these items that may be necessary will be made at an additional cost. • All Network configurations, including IP addresses, are to be provided, operational and functional before AVI Systems integration begins. AVI Systems will not be responsible for testing the LAN connections. • Cable or Satellite drops must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work caused by the late arrival of these items will result in a change order for time and materials. • Document review/feedback on drawings/correspondence will be completed by the Customer within two business days (unless otherwise noted). • The documented Change Control process will be used to the maximum extent possible – the Customer will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders (see Appendix). • In developing a comprehensive proposal for equipment and integration services , AVI Systems’ Sales Representatives and Engineering teams must make some assumptions regarding the physical construction of your facility, the availability of technical infrastructure, and site conditions for installation. If any of the conditions we have indicated in the site survey form are incorrect or have changed for your project or project site, please let your Sales representative know as soon as possible. Conditions of the site found during the integration effort, which are different from those documented, may affect the price of the system solution, integration, or services. To ensure that you have an accurate proposal based on your facility and specific to the conditions of your project, please review all project documentation carefully. F. INTEGRATION PROJECT MANAGEMENT PROCESSES AVI Systems will follow a foundational project management process which may include the following actions/deliverables (based on the size/complexity/duration of the integration project): • Site Survey – performed prior to Retail Sales Agreement and attached • Project Welcome Notice – emailed upon receipt of Purchase Order • Project Kick-Off meeting with Customer Representative(s) – either by phone or in-person • Project Status reviews – informal or formal – either by phone or in person (based on the size/complexity/duration of the project) • Project Change Control – comprised of Field Directed Change Order and/or Contract Change Order submittals (see Appendix) • Notice of Substantial Completion (see Appendix) – at Customer walk-through – prior to Service Transition G. KNOWLEDGE TRANSFER (TRAINING) This is geared specifically towards the end-user / operator. The purpose of this knowledge transfer is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system. Areas covered include the fo llowing: • Equipment and system overview • Equipment operation and function • Equipment start-up, stop and shut down • Equipment automatic and manual operation 117 Printed on July 02, 2024 Page 6 of 6 1255118 • Discussion and documentation relating to control system operation • Discussion and documentation relating to the system processor and its control applications • Powering up and powering down the AV system via the control system • Manual operation of display systems, audio systems, and all other related components • Use/operation of patch panels, when and where to be used • Whom to call when help is required H. AVI SYSTEMS INTEGRATION SERVICES RESPONSIBILITIES AVI Systems will provide services/work for the project as described above in the Scope of Work or per the attached separate S cope of Work document detailing the scope of work to be performed. • Provide equipment, materials, and service items per the contract products and services detail. • Provide systems equipment integration and supervisory responsibility for the equipment integration. • Provide systems configuration, checkout, and testing. • Provide project timeline schedules. • Provide necessary information, as requested, to the owner or other parties involved with this project to ensure that proper A C electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities. • Provide manufacturer-supplied equipment documentation. • Provide final documentation and “as built” system drawings (CAD) - if purchased. • Provide system training following integration to the designated project leader or team. I. CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment, and decorating as appropriate. Includes installation of any ceiling-mounted projection screen. • Provide for the ordering, provisioning, installation, wiring, and verification of any Data Network (LAN, WAN, T1, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on -site integration. • Provide all necessary cableways and/or conduits required to facilitate AV systems wiring. • Provide all necessary conduits, wiring, and devices for technical power to the AV systems equipment. • Provide reasonable access of AVI Systems personnel to the facilities during periods of integration, testing, and training, including off hours and weekends. • Provide a secure area to house all integration materials and equipment. • Provide a project leader who will be available for consultation and meetings. • Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts, etc.). 118 File Attachments for Item: 21. Resolution No. R24-53: A Resolution Of Intent Of The City Council To Approve Street Vacation Petition And Set Public Hearing. 119 R24-53 Intent to Approve Street Vacation Petition RESOLUTION NO. R24-53 A RESOLUTION OF INTENT OF THE CITY COUNCIL TO APPROVE STREET VACATION PETITION AND SET PUBLIC HEARING. WHEREAS, McDonald Land Holdings LLC and Fox Lumber Sales, Inc. (hereinafter “the Property Owners”) have petitioned the City of Laurel to vacate a portion of South Montana Avenue, Laurel, Montana, more particularly described as: That portion of South Montana Avenue in the City of Laurel described as follows, to wit: Beginning at a point which is the northeast corner of Lot 1 in Block 5 of the Plat of Hageman Subdivision Second Filing; thence, from said Point of Beginning, N 71°20’35” E a distance of 63.26 feet; thence S 00°10’40” E a distance of 250.43 feet; thence N 89°35’47” W a distance of 60.00 feet; thence N 00°10’40” W a distance of 229.77 feet to the Point of Beginning; containing an area of 14,406 square feet, more or less. WHEREAS, the general location of the street is in Section 16, Township 2 South, Range 24 East, PMM, and the street is adjacent to Block 5, Lots 1-8, Hageman Subdivision, Second Filing, and Tract A1A1, Certificate of Survey 1424, Amended A1A, all within the City of Laurel, Yellowstone County, Montana; WHEREAS, South Montana Avenue borders the Eastern portion of Hageman Subdivision in the City of Laurel, Yellowstone County, Montana, and intersects with East Railroad Street in a “T” intersection that is uncontrolled; WHEREAS, the street at issue is reflected on the attached Exhibit A to Street Vacation Petition; WHEREAS, the street is presently classified as an undeveloped public road; WHEREAS, the street is of no present use to the City of Laurel, and the City has determined that it is in the best interests of the City, the inhabitants thereof, and the owners of the property adjacent to the land for the street to be vacated; WHEREAS, vacation of the street will allow for increased development in the area, and the City does not believe that any reason exists not to vacate the street; 120 R24-53 Intent to Approve Street Vacation Petition WHEREAS, pursuant to Mont. Code Ann. § 7-14-4114, Petitioners that constitute one hundred percent (100%) of all owners of lots on a street may petition for abandonment; WHEREAS, Petitioners have filed the attached Street Vacation Petition, in which they have set forth all legal requirements for vacation of the street, as well as have acknowledged and agreed that, if the Petition is granted by the City, the vacation of the street shall not affect the right of any public utility to continue to maintain its plant and equipment pursuant to Mont. Code Ann. § 7-14-4115; and WHEREAS, the City will conduct a public hearing on July 23, 2024 at 6:30 p.m., in City Council Chambers, regarding the Street Vacation Petition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 1. The City Council hereby adopts this Resolution of Intent to approve the Street Vacation Petition; 2. The City will conduct a public hearing on August 13, 2024 at 6:30 p.m., in City Council Chambers, regarding the Street Vacation Petition; and 3. Notice of the passage of this Resolution of Intent shall be published in a newspaper of record not less than twice before the Public Hearing. BE IT FURTHER RESOLVED that after publication, City Council will consider approving the Street Vacation Petition. Introduced at a regular meeting of the City Council on the 23rd day of July 2024, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 23rd day of July 2024. APPROVED by the Mayor the 23rd day of July 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 121 R24-53 Intent to Approve Street Vacation Petition ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 122 123 124 125 126 127 128 129 130 131 132 File Attachments for Item: 22. Resolution No. R24-54: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Agreement For Pro Tem Judge Services. 133 R24-54 Approve Independent Contractor Service Agreement by and between the City of Laurel and Judge He Does It RESOLUTION NO. R24-54 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE AGREEMENT FOR PRO TEM JUDGE SERVICES. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Agreement by and between the City of Laurel (hereinafter “the City”) and Judge He Does It, 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 Agreement with Judge He Does It on behalf of the City. Introduced at a regular meeting of the City Council on the 23rd day of July, 2024, by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel the 23rd day of July, 2024. APPROVED by the Mayor the 23rd day of July, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 134 Page 1 of 4 INDEPENDENT CONTRACTOR SERVICE AGREEMENT WITH PRO TEM CITY COURT JUDGE This Agreement by and between the City of Laurel, a City within the State of Montana, hereinafter referred to as “the City,” and Judge Raphael J. He Does It, hereinafter referred to as the “Pro Tem City Court Judge” or “the Judge,” is as follows: WHEREAS, Laurel City Court Judge Jean Kerr has appointed Judge Raphael J. He Does It to serve as Pro Tem City Court Judge of the City’s City Court through an Independent Contractor Service Agreement and not as a City employee; and NOW, THEREFORE, in consideration of the mutual covenants, conditions and terms contained herein, the City and the Judge agree as follows: 1. INDEPENDENT CONTRACTOR STATUS: This Agreement does not create and shall not be construed to create an employee, representative, joint venture, or partnership relationship between the City and Judge. Neither Party is an agent of the other Party for any purpose. Accordingly: Judge shall provide Services as an independent contractor, and Judge shall not be considered an employee of the City for any purpose; Judge shall not be entitled to, and shall not receive from City in connection with Services any workers’ compensation coverage, insurance coverage, pension, profit sharing, paid vacation, sick leave disability or similar benefit normally provided by City to its employees; Judge retains sole and exclusive liability and shall withhold and/or pay all taxes and contributions required to be withheld and/or paid under federal and state income tax laws, unemployment compensation acts, social security acts, and all other legislation requiring employer contributions or withholdings, with respect to all Services provided hereunder, in a timely manner; Judge is solely responsible for paying his own business expenses, and expenses will only be reimbursed as set forth in this Agreement; and Judge is free to perform services for any other person or organization. At all times during the term of this Agreement, neither party will function as or represent itself to be the other party or its agent, and no officer, employee, or agent of one party shall hold himself or herself out to be an officer, employee, or agent of the other party. 135 Page 2 of 4 2. TERM OF APPOINTMENT: The Judge has accepted the appointment of Pro Tem City Court Judge for the City of Laurel, commencing on or around January 1, 2024 and continuing thereafter, until terminated by either party as described herein. The Judge must comply with all requirements for service as a Pro Tem City Court Judge , including but not limited to complying with all training requirements imposed by the State of Montana. 3. SCOPE OF SERVICES: The Judge shall perform all duties legally prescribed for a judicial officer serving as a Judge of a lawfully constituted City Court according to the requirements of the Montana Constitution, the Official Code of Montana, the Code of Judicial Conduct, the Uniform Rules, City Courts of the State of Montana and such other rules as may be prescribed by the Supreme Court of the State of Montana. The Judge shall preside over all pre-trial conferences, cases, trials, and hearings as agreed upon by and between the sitting City Court Judge for the City of Laurel and Judge He Does It. The Judge also shall perform the duties described in section 4. 4. JUDICIAL INDEPENDENCE AND ADMINISTRATION: The Judge is independent from the City when performing judicial responsibilities and nothing contained herein shall be construed to interfere with a judge when performing judicial duties. The Judge is solely responsible for judicial decisions. Judicial decisions include, but are not limited to, establishment of a standard bail schedule if the Judge deems appropriate, establishment of a standard fine schedule for use with violations that do not require court appearances, determination of fines and punishment in individual cases, determination of bail in individual cases, establishment of standing orders regarding offenses for which cash bail is not required, determination of financial ability, determination of conditions of probation, determination of liability, and determination of eligibility for indigent defense and for alternatives to monetary penalties including community service and penalty or fine reductions. 5. COMPENSATION: The Judge’s compensation for Services is set forth below:  Hourly Rate for Services: $35.00 per hour (includes travel time)  Mileage at GSA mileage rates for travel to City Court The Judge shall invoice the City on a monthly basis, or as soon as practicable following the signing of this Agreement. 6. METHOD OF PAYMENT: The Judge shall provide invoices directly to the City, which the City will pay in 136 Page 3 of 4 accordance with its Purchasing and Procurement policies and procedures. 7. CONTRACT ADMINISTRATION: This Agreement shall be administered by the City Mayor and/or designee on behalf of the City and b y the Judge on his own behalf. 8. TERMINATION OF AGREEMENT: This Agreement may be terminated by either party at any time within ten (10) days written notice, unless otherwise mutually agreed by the parties. 9. MERGER AND AMENDMENT: This Agreement contains the entire understanding of the City and the Judge with respect to the matters set forth herein, and any prior or contemporaneous understandings are merged herein. This Agreement shall not be modified except by written instruments executed by the City and Judge hereto. This Agreement shall be governed under the laws of the State of Montana, and any dispute regarding this Agreement shall be resolved in Yellowstone County, State of Montana. 10. SEVERABILITY If any provision of this Agreement or their application to any circumstance is held invalid, the remainder of this Agreement and their application to other circumstances is not affected. (Signatures on next page) 137 Page 4 of 4 IN WITNESS WHEREOF the parties hereto do hereby execute this Agreement. CITY OF LAUREL PRO TEM CITY COURT JUDGE By: By: Mayor Dave Waggoner Judge Raphael J. He Does It Date: Date: 138 File Attachments for Item: 23. Resolution No. R24-55: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Dr. Jedediah Walker For The Medical Director Position For The Laurel Ambulance Service. 139 R24-55 Authorize Ambulance Medical Director ICSC RESOLUTION NO. R24-55 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH DR. JEDEDIAH WALKER FOR THE MEDICAL DIRECTOR POSITION FOR THE LAUREL AMBULANCE SERVICE. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Independent Contractor Service Contract between the City of Laurel and Dr. Jedediah Walker for the Medical Director position with the Laurel Ambulance Service, a copy attached hereto, is hereby approved. Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given authority to execute said Contract on behalf of the City. Introduced at a regular meeting of the City Council on July 23, 2024, by Council Member ________________. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 23rd day of July, 2024. APPROVED by the Mayor this 23rd day of July, 2024. CITY OF LAUREL _________________________________ David Waggoner, Mayor ATTEST: ______________________________ Kelly Strecker, Clerk/Treasurer Approved as to form: ______________________________ Michelle Braukmann, Civil City Attorney 140 Page 1 of 4 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 23rd day of July, 2024, 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 Dr. Jedediah Walker, whose address is 6287 Canyonwoods Drive, Billings, MT 59106, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform medical director duties for City as described by the State of Montana Board of Medical Examiners. B. Effective Date and Term. The term of this contract is for one year. The contract will automatically renew for one year periods upon expiration unless either party terminates the contract pursuant to the provisions of Section Nine herein. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract. SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor Two Thousand Five Hundred Dollars and No Cents ($2,500.00) per quarter to provide medical director services to the City. 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. SECTION THREE CITY’S RESPONSIBILITIES The City shall pay Contractor the quarterly sum pursuant to Section Two by the 15th of every fourth month. City shall pay Contractor the full quarterly cost, plus any additional work or services beyond those services in Section One, if agreed upon in writing by both parties. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub - contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct 141 Page 2 of 4 the work to the best of his/her ability. SECTION FIVE INDEMNITY, INSURANCE AND PERFORMANCE BOND 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. 142 Page 3 of 4 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 contains the entire agreement and understanding of the parties and supersedes 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 THIRTEEN 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. 143 4 SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF JULY, 2024. CITY OF LAUREL CONTRACTOR ___________________________________ ____________________________________ David Waggoner, Mayor Dr. Jedediah Walker ATTEST: ___________________________________ Kelly Strecker, City Clerk/Treasurer 144 File Attachments for Item: 24. Resolution No. R24-56: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With River Ridge Landscaping Co. 145 R24-56 Approve Independent Contractor Service Contract by and between the City of Laurel and River Ridge Landscaping Co. RESOLUTION NO. R24-56 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH RIVER RIDGE LANDSCAPING CO. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract by and between the City of Laurel (hereinafter “the City”) and River Ridge Landscaping Co., 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 River Ridge Landscaping Co. on behalf of the City. Introduced at a regular meeting of the City Council on the 23rd day of July, 2024, by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel the 23rd day of July, 2024. APPROVED by the Mayor the 23rd day of July, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 146 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 23rd day of July, 2024, 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 River Ridge Landscaping Co, a contractor licensed to conduct business in the State of Montana, whose address is 3223 River Road, Laurel, Montana 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 February 13, 2024, 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 seventy-nine thousand five hundred dollars and no cents ($79,500.00) for the work described in Exhibit A. Any alteration or deviation form the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or su b- contracts in any dealings between Contractor and any third parties. The City is interested solely in the 147 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 m aterials 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 148 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. 149 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. 150 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF JULY 2024. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor River Ridge Landscaping ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 151 152