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HomeMy WebLinkAboutCity Council Packet 09.24.2024 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 24, 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 Minutes of September 10, 2024. Correspondence 2. Beartooth RC&D Correspondence. 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 September 20, 2024. 4. Approval of Payroll Register for PPE 9/15/2024 totaling $258,354.70. 5. Clerk/Treasurer Financial Statements for August 2024. 6. Council Workshop Minutes of September 17, 2024. Ceremonial Calendar Reports of Boards and Commissions 7. Budget/Finance Committee Minutes of September 10, 2024. 8. Public Works Committee Minutes of August 19, 2024. 9. Emergency Services Committee Minutes of August 26, 2024. 10. Park Board Minutes of September 5, 2024. Audience Participation (Three-Minute Limit) 1 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 11. Resolution No. R24-83: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Ace Electric, Inc. 12. Resolution No. R24-84: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Cindan Heating & Cooling Co., Inc. 13. Resolution No. R24-85: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Prorover. 14. Resolution No. R24-86: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Donahue Roofing & Siding LLC. 15. Appointments of Kyle Scott and Dillon Scott to the Laurel Volunteer Fire Department. 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 person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. 2 File Attachments for Item: 1. Approval of Minutes of September 10, 2024. 3 4 5 File Attachments for Item: 2. Beartooth RC&D Correspondence. 6 Beartooth RC&D Area, Inc. Board of Director’s Meeting Agenda Meeting 1 P.M. Thursday, September 19, 2024 Beartooth RC&D Conference Room 3 South 1st Street, Roberts, MT 1:00 pm Meeting Called to Order Pledge of Allegiance, Introduction of Members and Guests Review Board Minutes Congressional Updates Josiah Porcel (Sen. Tester) Tory Kolkhorst (Sen. Daines) Emily Schneller (Rep. Rosendale) Treasurer/Financial Reports 1. Treasurer Update 2. RC&D Financials 3. RLF Financials New Staff Member Strategic Business Plan Review of Bylaws Staff Reports – Program/Project updates 1. Food/Ag Program – Joel Bertolino 2. Revolving Loan Fund – Nan Knight 3. Economic Development/ CRDC – Gaurav Thakur 4. Operations Support- Myrna Lastusky Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting November 21, 2024- Columbus Fire Hall Columbus, MT Chair, All Chair, All Hauge/Knight Bertolino Bertolino Knight Thakur Lastusky Roe et al Action Information Information Action Action Information Action Information Information Information Information Information Information 7 Page 2 2:30 PM Adjourn Information 8 Page 3 Regional Roundup CEDS SWOT Our goals for the Roundup are to find out what’s happening in the area, keep the conversations focused, inform the others attending the meeting, and to tie it all back to and reinforce the importance of the CEDS. Please help us identify the projects in their area that fit into our CEDS categories: Be thinking about strengths and weaknesses of your community or our region • Infrastructure ▪ Housing ▪ Transportation ▪ Broadband • Economy ▪ Upturns or downturns in industry sectors ▪ New business openings (or closures) • Communication ▪ Marketing and outreach • Services ▪ Health care • Natural Resources ▪ Agriculture ▪ Energy • Human Capital ▪ Workforce ▪ Education NOTES: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ________________________________________________________________________ 9 Page 4 12:30 1:00 pm 2:30 PM Meeting Called to Order Lunch Pledge of Allegiance, Introduction of Members and Guests Review Board Minutes Congressional Updates Josiah Porcel (Sen. Tester) Tory Kolkhorst (Sen. Daines) Emily Schneller (Rep. Rosendale) Treasurer/Financial Reports 4. Treasurer Update 5. RC&D Financials 6. RLF Financials New Staff Member Review of Strategic Business Plan Signature Certification for USDA-Nan and Myrna City of Hardin Board Member Appointment Staff Reports – Program/Project updates 5. Food/Ag Program – Joel Bertolino 6. Revolving Loan Fund – Nan Knight 7. Economic Development/ CRDC – 8. Operations Support- Myrna Lastusky 9. Community Coordinator- Gina Schiable Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting September 19, 2024- Roberts Fire Hall Roberts, MT Adjourn and optional tour of Joliet Business and Pocket Park Chair Chair, All Chair, All Hauge/Knight Bertolino Bertolino Knight Head Lastusky Roe et al Action Information Information Action Action Information Action Action Action Information Information Information Information Information Information 10 Page 5 11 Page 6 Beartooth RC&D Board Meeting Minutes July 18, 2024 – 12:30 pm Beartooth RC&D Conference Room Luncheon with Meeting to Follow Members Present: Joel Bertolino, BRCD Gina Schaible, BRCD Myrna Lastusky, BRCD Tina Toyne, City of Hardin Economic Development Director Stephanie Ray, Stillwater County Planning / Economic Development Commissioner Melanie Roe, Sweet Grass County Martin DeWitt, Small Business Administration Ryan Van Ballegooyen, Billings Job Service Tory Kolkhorst, Senator Daines’ Office Commissioner Don Jones, Yellowstone County Commissioner Scott Miller, Carbon County Bob VanOosten, Stillwater Conservation District Brent Moore, City of Red Lodge Bonnie Gray, Town of Joliet Jeff McDowell, Two Rivers Authority Randy Weimer, Sibanye-Stillwater Mine Danny Choriki, Ubet Post Kerri Crowe, Dept. of Business and Labor Dan Lowe, Big Horn Conservation District Meeting Called to Order: Ryan Van Ballegooyen called the meeting to order. Pledge of Allegiance, Introduction of Members and Guests Review May Board Minutes (Action): Melanie motioned to approve the minutes. Stephanie seconded. Motion passed. Congressional Updates: Tory Kolkhorst, Sen. Daines’ Rep: • Sen, Daines signed a bi-partisan letter to increase efforts in protecting crops from potato wart disease. • Trump assassination attempt – Senator is calling for Head of Secret Service Kim Cheatle to step down. • Delisting of Grizzly bear – 5 months past review deadline. Dept of Interior has shown it’s not a priority. Senator Daines continues to urge them to delist and follow the science. • Senate Central Asian Caucus – focus is on strengthening relationship with allies, increasing trade and investment, and supporting regional stability in Central Asia. • Introducing bill to protect MT Service workers and not tax tips. • Sen. Daines and colleagues introduced a bi-partisan bill to support tribal communities’ travel across the U.S.-Canada border. 12 Page 7 • Senator is fighting policies preventing veteran access to health care. • Announced landmark funding for MT Headwaters Hub, which will strengthen our technology. Treasurer / Financial Reports (Nan absent) 1. Treasurer Update 2. RC&D Financials 3. RLF Financials Joel: Implementing new financial software. That’s why the current financial reports aren’t available. NO ACTION NEEDED. New Staff Member • Gina Schaible – new Community Coordinator • Gaurav Thakur – we were very impressed with Gaurav’s interview & he has accepted our job offer. He is Canadian, so there are some extra hoops to jump through in getting his TN Visa and a few other details, but we are all excited to work with him. o Tory Kolkhorst mentioned that Sen. Daines’ office can help us with the process. Review of Strategic Business Plan • Not an action item. Staff is working on with the Executive Committee. If you have any questions or suggestions, let us know and we will make revisions. Once we have all comments, we will create a final draft and present to the board for approval. • Joel will be working through other documents to update them. • This will be used as an orientation for new board members as well. Signature Certification for USDA – Nan and Myrna • Nan and Myrna would both like signature approval for the USDA programs they oversee to be able to sign documents if Joel is not available. The final say on all documents is the point person at USDA, so if there is anything wrong, they will catch it. • Danny Choriki moved to move forward with signature certification for USDA for both Nan and Myrna. Jeff McDowell seconded. Motion carried. City of Hardin Board Member Appointment • The City of Hardin has requested that Tina Toyne serve as their Beartooth board member. • Melanie motioned to approve Tina as City of Hardin board rep. Scott Miller seconded. Motion carried. Staff Reports – Program / Project Updates Food and Ag Program - Joel Bertolino • Abbreviated meeting. See his report in the board materials and just let Joel know if you have any questions. RLF – Nan Knight • Nan was out of town, but Myrna mentioned that we received the $500,000 Big Sky Economic Development RLF award. We put it up as match to strengthen our $750,000 IRP application, and we 13 Page 8 haven’t gotten official word yet, but our USDA rep told us it was the highest scoring application in the nation. So we are feeling very hopeful! • Myrna also gave a little info on Nan’s work with Brownfields: o Nan will be touring Brownfield sites next week with EPA rep Phylicia Allen. o Presented to the Red Lodge Workforce Housing Steering Committee in June & hoping to do an assessment on the old hospital there. o Western Motel in Hardin is another one, and we are meeting with LeBeau-Simone next week. o Nan and Myrna don’t really have the time, but we feel we need to apply for the Brownfield RLF funding that would enable us to loan and grant funds to property owners for cleanup. We hate saying, “You have all these problems, but sorry, we can’t help you.” So that is likely on the near horizon. Economic Development / CRDC – Report in board materials Operations Support – Myrna Lastusky • RCDIs both going well. • Many hours assisting a REAP client in Fromberg. • Joel, Gina and Myrna met with King’s Cupboard after a tour to discuss their needs and are helping them with a REAP application and possible other grants. Community Coordinator – Gina Schaible • RCAC Community Coordinator • ROCE Steering Committee – they help to recruit the community members to come to the workshop. • Workshops will start in September – 4 workshops, one per month • Next step is to finalize the flyers we will get out to the community • Nan and Gina will attend the Farmers market in Columbus on Aug. 1st to help spread the word. Joel offered to answer questions on any of Beartooth’s activities and programs: • Joel provided a brief history of RC&Ds and how Beartooth began (originally with NRCS). In 1995 began the non-profit arm. • May 2010 moved on to Main Street away from the NRCS building. • CRDC and EDA pair well together. They have match money from our MOUs we do with the counties and cities in our region. • In 2003 applied for Ag Innovation Center Federal Funding Through State o Joel came on in 2007 and in 2010 the State decided to permanently fund the Food and Ag Development Centers. • RLF: o WE have an existing IRP; applied for another one recently. o CDBG o RMAP – microloans ($50K or less) for microbusinesses (10 employees or less). o Also have occasional short-term funding ▪ Brownfields ▪ Brownfields EJ Grant ▪ Myrna was hired with EDA CARES grant funding (3-year grant) ▪ Gina was hired with RCAC grant money (3-year grant) 14 Page 9 ▪ RCDIs – another example of short-term funding o Joel gave more in-depth info on Brownfields and how it works o Good discussion on how prevalent brownfields are and how much need there is for assessments and cleanups. • Don asked what kind of money comes from the State? o CRDC - $82,000 o FADC - $60,000 o Specialty Crop Block Grant (federal money that comes from the State) - $40,000 to serve specialty crop producers o Farm to School (USDA grant) - $3300/year o REAP – we get paid for TA to promote and assist in writing applications. That will change b/c they are hiring 2 specialists in October. o RFSI (Rural Food Systems Infrastructure) – for supply chains. The State uses FADC’s to promote and refer clients to funding opportunities. They had 2 big funding opportunities earlier this year that were one time only – one for infrastructure and one for equipment. ▪ Hutterites wanted to apply but it was past • Ryan pointed out the way Food and Ag funding has gone up and down, which makes it hard to plan for the future. o Kerri said she will certainly make a point of this if it’s important. Reach out to representatives when this is up for legislation. o Joel said the up and down was created by increasing the FADCs. o Ryan: I would encourage Joel to talk with local legislation. o Kerri is happy to help, but it helps a lot if we pay attention to what is happening and let her know. • Executive Committee meetings every other month to keep up on any things that need to happen. • We will eventually have a brief one-pager of all our programs. REGIONAL ROUNDUP Commissioner Melanie Roe, Sweet Grass County • We received the Pilot Community Tourism grant for $1.25 million. • Big Timber is trying to get another water tower to sustain new housing developments. • 30% of our houses are vacant (not empty – just owners not living there most of the year). Tina Toyne, City of Hardin Economic Development • Before leaving the County, we selected Ayers for the Big Horn County housing study consultant. Tina will remain the point of contact for that since no one is in place yet. • County has 2 applicants they will be interviewing for EDD. • Conducted public engagement portion for the Wayfinding Planning grant. • Will be meeting with LeBeau-Simone to do affordable housing at Western Motel. • One Health – meeting to discuss master plan for that acreage • Tanks taken out of Flying J. • DQ still not open • Dan’s Custom Design is closing 15 Page 10 • Lumber Zachs is for sale, Four Aces for sale • Dollar General going in – this is the 4th one • Speedy and Flo’s Sweetcorn – Flo’s daughter’s greenhouse is up and running • Maverick station is going in • Monette Farms is a company from Canada farming in Big Horn County and they have purchased a lot of land. They purchased a fertilizer company near the railroad and want to distribute their product via railway. They are talking to other farmers in hopes of helping them all. Holly Higgins was not able to attend, but she sent these notes with Tina to present: • There is new Barber Shop and Coffee shop in Lodge Grass called Arise. First new businesses in the last 35-40 years. Bud the Barber. They’re in a makeshift trailer set up on a city lot across from City Hall. • The combiners are rolling in, so grain harvest should be running hard soon. • Cattle prices still strong. One client sold 560lb steer calves at $3.18/lb. @ $1800. Dan Lowe, Big Horn Conservation District • Water was an issue at one time and the State took over adjudication of water rights. It sounds like there may be more water available to reservation lands coming. Important to have good stewardship for water allocation. • Invasive species check stations still very important. Inspected 3700 boat trailers to date in 2024. • 310 permits – State law MT-310 – accountability to people who want to work in active flowing streambeds to ensure the work they do won’t cause turbidity or cause erosion downstream. Tory asked why state/county taxes went up. • Scott said it was the State. Counties got blamed. Kerri said if anyone wants to talk to her about the state sales tax, she would be happy to discuss that. Danny said that having multiple sources of revenue increases stability for a business or organization. Randy Weimer, Sibanye-Stillwater Mine • It’s been a rough year – declining commodity prices over the past couple years have really hurt • Palladium dropped from 3K/ounce to $950/ounce over last few years. • 700 total employees amongst the 5 counties • In December they let go of 100 employees plus 300 direct and vetted contractors. • Keep trying to keep costs down, but it’s really a band-aid • Losing tens of millions every month. • Looking at near future for Sibanye-Stillwater. o Likely will go into Care and Maintenance – keep things maintained and be ready to go back to production when prices improve. • Ryan asked if there was a factor in the price drops o A lot of palladium is coming from Russia. We can’t buy from Russia right now, so they are going through China to sell it to us. o EV vehicles push is hurting since 90% of palladium goes toward catalytic converters 16 Page 11 • Ryan wondered if TAA (Trade Adjustment Assistance) needs to be in place if something significant happens. • Randy said they are looking at many options and hope they don’t need to go into complete Care and Maintenance. Looking at 2025. Commissioner Scott Miller, Carbon County • Tourism is alive and well. • BSPRA received $650K for the test. 2 routes approved (only 2 approved in the whole country). Southern will go through Billings to MN. El Paso to Billings route will go through Carbon. Inspection for track is happening. Could have RR going through as soon as in 2025. • Fromberg’s water project is happening now – updating 80-year-old water system. o $150,000 from County to secure pumps down by the river. • Home of Champions Rodeo was a success. Sold out of every seat on July 4th – first time in history. So busy you couldn’t use your cell phone. • American Legion Hall in Fromberg is going to be rebuilt – need to put a roof on, rebuild, need some grants and will talk to Beartooth. • Carbon County Fair is next week – go support the kids • Barley started this week. Cows are up, barley is being harvested. • No fires in Carbon County so far. Brent Moore, City of Red Lodge (Interstate Engineering) • Red Lodge has a resort tax, & revenues have recently grown from 600K to 1.5 million. o Supports water, sewer streets, fire, EMS, helped us build a community pool o Allows us to leverage those funds for additional funding through the State • Beartooth Rally is this week. • Busy helping communities through 2026 with the flooding projects – so Interstate and most engineers around here are very busy. • Grant – Mt Maurice fire in 2021 burned around old spring boxes. Post-fire rain events have created erosion. $1 million to help correct that. • FEMA and State funding project • Lot of housing development projects being proposed, constructed. o Alpine Basin o Spires – another 87 acres behind the Phase 1 that may be developed • New mayor and new public works director started this year and both are doing great. Ryan VanBallegooyen, Billings Job Service • ARPA money was very helpful because has less hoops to jump through. Helped a lot of people and most have stuck with their jobs (4 out of 5). • 64 jobs every quarter being added in Montana is the prediction that Ryan has seen. Low unemployment is here to stay for a while. Danny Choriki, Ubet Post • Mainly focusing on family violence cycle. Working with Billings Area Family Violence Task Force. We connect through relationships – must have someone in your Contact List when you need help. During Covid a lot of those contacts left. 17 Page 12 o Danny gave us a little handout and said they are working to create an online database. • Family Justice Center in Billings. Will be hiring a Navigator – someone who understands the process and can help clients. • Sept. 8th – Bill McKibben will be kicking off Climate Week at MSU-B. Stephanie Ray, Stillwater County Planning & Economic Development • Some housing development going on. • Enjoying the Civic Center – County Fair is this week. o The new civic center markets itself and the Beartooth board meeting will be there in November o MMA fight will be held there • Partnering with Beartooth RC&D on RCAC grant program for Columbus, • Bike Rally – 400-500 bike riders from across U.S. came through. • Low unemployment – it’s really hard to recruit people. Admin position starting at $20/hour – no one will apply. • Steph is the public information officer for the County and wants to do better in coordinating communications. Bob VanOosten, Stillwater Conservation District • Good reserve of water in Stillwater. Lot of land that could use irrigation, but the cost of getting it to the right places is prohibitive. • Used ARPA money. Both Stillwater and Rosebud did a lot of damage with the flooding. The Federal government gave NRCS some emergency money to repair and protect. • Administer grants for both Stillwater and Carbon counties. • Floodplain person (Stephanie Ray) has been very good and helped us through a lot. • He mentioned a project that is on engineering revision 8 and may never get completed. Frustrating to watch a perfectly good, engineered plan not get completed. Commissioner Don Jones, Yellowstone County • New Coke plant opened up in Billings. $100 million investment. o Water is supplied from the City/Yellowstone River. • Spent $25 million of ARPA at Metra – nice camping, electrical, sewer, water. • Highway 3 bypass is open. Beautiful drive. • New exit going into Lockwood – that project is moving, but it will take quite a while. Probably 2 years out. Martin DeWitt, SBA • Lenders can now add a guarantee onto an existing loan – there are some rules, of course! o Benefit for borrowers and lenders • Investing in America funds o 1.7 billion in private sector commitments in Montana o 1 billion in funding to provide affordable, high-speed internet o 258,000 seniors will save money on prescription drug costs o $2 billion to provide clean water across MT Jeff McDowell, Two Rivers Authority 18 Page 13 • Resurfacing project in Toluca. • Tribal water projects in Greenough Creek and in another place. Meeting adjourned at 3:05 pm. Next Beartooth RC&D Board of Directors Meeting: Sept. 19th, 2024 at the Roberts Fire Hall, Roberts, MT Optional tour of Joliet Business and Pocket Park. No financials were presented due to transitioning to new financial software Revolving Loan Fund Books- August 2024 Loan Client Review County # of loans $ Loaned out Big Horn 2 $ 219,152.52 Stillwater 3 $ 197,450.00 Yellowstone 13 $1,086,523.48 Carbon 3 $ 371,348.59 Sweet Grass 2 $ 310,277.36 Total: 23 $ 2,183,751.95 • Closed one new loan in August. • BRCD was selected for IRP funding, approved for $750,000 loan funds. • Looking at applying for brownfields RLF up $1 million. Bank Balances as of August 30, 2024 Total available for lending Bank of Joliet- RMAP $ 107,949.66 $ 107,949.66 $250,000 (still waiting to be drawn down) Bank of Joliet – RMAP LOAN LOSS $ 5004.06 $ 0.00 Bank of Joliet EDA $ 16,062.14 $ 16,062.14 Bank of Joliet-CDBG $ 74,346.93 $ 74,346.93 Bank of Joliet- IRP $ 197,796.59 $ 157,796.59 19 Page 14 Bank of Joliet-Fromberg $ 31,548.16 $ 31,548.16 Bank of Joliet-BSED $ 500,000.00 $ (New IRP MATCH) Available: $ 387,703.48 (still waiting to be drawn down) $ 250,000.00 (Waiting to close IRP loan this month) $ 1,250,000.00 $ 1,887,703.48 Restricted Accounts Principal amounts paid back FIB – SSBCI 2.0 $ 148,621.00 $ 9,306.78 BOJ- SSBCI 2.0 $ 79,651.50 $ 7,638.28 20 Page 15 21 Page 16 August 2024 Beartooth Books 2024 Income Budget Actual AG-FOOD AND AG CENTER 60,000 45,000 SPECIALTY CROP BLOCK 58,166 43,448 FARM -TO- SCHOOLS 1,200 3,751 REAP 5,000 7,800 BOARD - EDA SPONSOR DUES 56,979 56,023 BOARD-INTEREST INCOME 750 450 BOARD-FOUNDATION MONEY 3,300 3,676 RLF-STAFF REIMBURSE 15,000 RLF-ORIG FEES 5,000 2,625 RLF-RMAP TA 12,500 7,434 BROWNFIELD 19,250 20,521 CRDC 71,000 59,096 EDA - GRANT 70,000 52,500 BSTF ADMIN $1,950 RCAC 25,000 RCDI ( Big Horn) 2,800 2,227 RCDI (Red Lodge)2,800 1,717 Pass- Through 47,789 Restricted SSBCI 1,450 410,695 355,506 Expenses for 2024 TOTAL STAFF EXPENSE 261,534 172,352 COMMUNICATIONS 8,000 10,594 EQUIPMENT & VEHICLE 6,000 6,281 CONTRACTUAL 25,000 58,103 INSURANCES 7,000 5,651 RENT/ UTILITIES 10,000 5,222 SUPPLIES 10,000 15,107 TRAVEL 15,000 3,086 OTHER 10,000 EXPENSE TOTAL 352,534 276,396 79,110 Statement Ending: 08/30/2024 Checking Account:$141,540.83 Savings Account:$65,561.38 Building Account:$4,488.53 2024 22 Page 17 Beartooth RC&D Staff Project Update September 2024 FOOD AND AG DEVELOPMENT CENTER PROJECTS Beartooth FADC Beartooth FADC assisted clients with USDA VAPG applications for GTA Business and Marketing and REAP grants. Beartooth FADC continues to work on farm to school with the Carbon County Extension to start a 23 Page 18 Harvest of the Month program in schools and promoting local beef in schools. Beartooth FADC has continued to work with partners to do outreach to businesses in our region. Beartooth worked with the Department of Agriculture to film a short video with Yel lowstone Valley Farms for the Specialty Crop Block Grant in August. Growth Through Ag Projects and USDA Projects S Ranch Meats Location- Custer, MT Contact- Hannah Knutson S ranch meats is a family owned and operated beef business. The ranch operates a 6000 head ranch and developed a USDA meat processing plant in Hardin, MT. They have developed their own line of packaged meats sold at local restaurants and through Facebook and word of mouth marketing. Beartooth FADC has been working with USDA VAPG specialists to assist the business in applying for $250,000.00 in operating funds to expand their direct-to-consumer branded beef business. They have received the VAPG funding for the 2024 year. Mountain View Hutterite Colony Location- Acton, MT Contact- Ike Kleinsasser The mountain view colony has one of the largest egg production operations in the state they supply eggs to the Billings area Walmart’s, Albertsons and other retail stores. Beartooth FADC assisted them ten years ago with a Growth Through Ag Grant for a delivery truck and now they are needing a new egg processing and packaging equipment that would allow them to expand their output by more than double. They were looking at a GTA and are working with MMEC on a low interest automation loan but are now looking for lower cost improvements we will continue to visit to see if they will be purchasing an egg processing system. Smurai Sue’s Location- Red Lodge, MT Contact-Asano Otsu Asano started her small bakery and ready to eat meals in 2018 initially selling them in the Moon Lake Market attached to her processing location. The business now markets her breads and pizza crusts as well as ready to eat pizzas at the local grocery store and online orders. She and her husband are now building a larger new location to expand her business and Beartooth FADC has worked with her to develop a GTA Business and Marketing Grant and an RFSI grant for expanding her online presence and sales and purchasing equipment. She received $8,000 in Business and Marketing Grant funds from the Department 24 Page 19 of Agriculture; she is now interested in applying for the full GTA grant in October for equipment to go in their new processing plant. Yellowstone Pasta Location- Billings, MT Contact-Henry Kennah Henry is a former chef for Jakes in Billings that started making fresh pasta using Montana hard red durum wheat. He was referred to us by our SBDC partners Kayla and Lorene. Beartooth FADC worked with Henry to develop a Growth Through Ag grant and loan application to expand, their application was successful, and they will receive $50,000.00 for this project we will be monitoring his progress. Speedy and Flo’s Sweet Corn Location- Hardin, MT Contact-Flo Ramirez Beartooth FADC worked with Flo Ramirez and his wife; they started growing fresh produce and sweet corn for local sales over ten years ago on a one-and-a-half-acre garden plot. Their business has grown, and they now raise 25 acres of sweet corn and have a 4-acre garden, they sell all of their fresh produce at locations in Hardin, several in Billings, Joliet, Miles City and Absarokee, Miles City as well as in northern Wyoming. Beartooth FADC assisted Flo in developing his application for the Business and Marketing Grant for new bags for the corn that have their logo and Facebook information on them. After purchasing the new bags Beartooth FADC assisted Flo in applying for a GTA program for the development of their greenhouse and retail location, they were successful and will receive $50,000.00 for this project. The new greenhouse is completed and will be utilized next year to grow more produce and increase the profitability of their family business, building a great business in Hardin, MT. Yellowstone Valley Farm Contact-Reuben Stahl Location-Laurel Reuben Stahl has a family greenhouse business growing basil and selling to FSA and Sysco, he would like to add another greenhouse to keep up with increased demand this last year. Beartooth RC&D assisted Reuben with developing RFSI and ARPA applications and will assist when he is interested in a Growth Through Ag application for his greenhouse expansion. Rodi Farms Location- Laurel, MT Contact-Carah Ronan Carah was referred to us to assist her in applying for RSFI funding to expand her business of fresh cut flowers and some fresh vegetables she operates on her family’s grain farm near Laurel, MT. Their business was not successful in with their application, but we have assisted them in developing an Impact Grant for 25 Page 20 Women owned businesses. Beartooth has also assisted the business with a USDA VAPG grant and an ARPA ag infrastructure application as well as a RFSI application. Stovall Ranch and Yellowstone Feeders Location- Yellowstone County Contact- Turk Stovall The Stovall family are generational beef producers in Yellowstone County they have grown their operation to include two sizeable Feedlots and sell Certified Angus Beef as well as having their own branded beef products sold direct to consumer. Beartooth FADC talked with the business about the potential use of the REAP program for their expansion plans as well as USDA VAPG for their direct beef sales business. They are also looking at the USDA Supply Chain Guaranteed Loans. Beartooth assisted this business with an ARPA Ag Infrastructure grant and are now working with them on a REAP application for solar panels and an anaerobic digester on a new feedlot expansion. On Going Projects Oswald Farms Location- Joliet, MT Contact- Melissa Oswald Oswald Farms operates a generational ag operation that raises cattle feeds them, has them processed at a local USDA plant and sells their own branded beef products to local restaurants and locally through Facebook. They have developed their own retail location to sell their meat products and other local foods and it is located near the intersection of highway 310 and 312 both heavily traveled roads. Beartooth FADC has been working with USDA personnel with the business to apply for a Value -Added Producer Grant for $250,000.00 to expand their direct to consumer beef business. Oswald Farms application has been selected for funding these operating funds will help them grow their direct beef sales business and their new retail store. They have recently looked at applying for the ARPA Ag Infrastructure Grant. Beartooth FADC Outreach Mountain View Hutterite Colony- Acton, MT Speedy and Flo’s – Hardin, MT S Ranch Meats-Hardin, MT Welcome Gaurav Thakur 9/16/2024 • Economic Development: CRDC / EDA PPG / EPA Brownfields 26 Page 21 Frequently Used Acronyms BIA – Bureau of Indian Affairs BLM – Bureau of Land Management BRCD – Beartooth RC&D BSEDA – Big Sky Economic Development Association 27 Page 22 BSTF – Big Sky Trust Fund CDBG – Community Development Block Grant CRDC – Certified Regional Development Corporation CEDS – Comprehensive Economic Development Strategy CTEP – Community Transportation Endowment Program EDA – Economic Development Administration EDD – Economic Development District FADC- Food and Ag Development Center GIS – Geographic Information Systems GPS – Global Positioning System GTA- Growth Through Ag Grant and Loan HOME – Montana Home Investment Partnerships Program HUD – US Department of Housing and Urban Development IRP – Intermediary Relending Program LESA – Land Evaluation Site Assessment MBOI – Montana Board of Investments MDOA- Montana Department of Agriculture MDOC – Montana Department of Commerce MDOL – Montana Dept. of Labor MDOT – Montana Dept. of Transportation MDFWP – Montana Dept. of Fish, Wildlife and Parks MEDA – Montana Economic Developers Association MMEC- Montana Manufacturing Extension Center NADO – National Association of Development Organizations NHS – Neighborhood Housing Services NRCS – Natural Resource Conservation Service RBDG – Rural Business Development Grant RC&D – Resource Conservation & Development RCDI – Rural Community Development Initiative RD – Rural Development (a division of USDA) RCPP- Regional Conservation Partnership Program REAP- Rural Energy for America Program RLF – Revolving Loan Fund RMAP- Rural Micro entrepreneur Assistance Program SBA – Small Business Administration SBDC – Small business Development Center SSBCI- State Small Business Credit Initiative TIFD – Tax Increment Finance District TSEP - Treasure State Endowment Program USDA – United States Department of Agriculture USFS – United States Forest Service LSL- Lead Service Lines 28 File Attachments for Item: 5. Clerk/Treasurer Financial Statements for August 2024. 29 BANK BALANCE Petty Cash- Accounting 600.00$ Petty Cash-PWD Petty Cash 100.00$ Yellowstone Bank - MAIN 4014081 1,347,161.76$ X ALTANA - Share Account 31.64$ ALTANA 112,958.52$ RIVERSIDE PARK 27,460.10$ X Yellowstone Bank CD 001 110,555.55$ Yellowstone Bank CD 002 108,046.05$ Investments STIP CI LAUREL97 5,826,894.20$ X Investments STIP CI LRLESC97 388,520.69$ X Statement Balance - YB A/C 9214534 MM SAVINGS 17,920,093.27$ X Statement Balance - YB A/C 4036336 124,638.56$ X Statement Balance - Court 20,982.60$ Total Cash in Bank 25,988,042.94$ ADD: OUTSTANDING COURT DEPOSITS 125.00$ OUTSTANDING COURT DEPOSITS - Deposit Slips Court Deposit To City In Transit 7,334.90$ Tax Collections 38,876.04$ DEPOSIT IN TRANSIT- RECD IN AUGUST DEPOSIT IN SEPTEMBER 909.79$ DEPOSIT IN TRANSIT- RECD IN AUGUST DEPOSIT IN SEPTEMBER 12,486.20$ DEPOSIT IN TRANSIT- RECD IN AUGUST DEPOSIT IN SEPTEMBER TO MUCH DEPOSITED FROM PAYGOV. WILL DEBITED FROM ACCT JULY (1.00)$ TO MUCH DEPOSITED FROM PAYGOV. WILL DEBITED FROM ACCT JULY (7.57)$ NSF- NOT ENOUGH DEPOSITED IN AUGUST 0.50$ ELECTRONIC CHECK FOR POST OFFICE- TO BE REDEEMED IN SEPTEMBER 1,170.23$ DEPOSIT IN TRANSIT- RECD IN JULY DEPOSIT IN SEPTEMBER-STALE CHECKS SCHOOL 325.00$ DEPOSIT IN TRANSIT- RECD IN JULY DEPOSIT IN SEPTEMBER-STALE CHECKS SCHOOL 670.00$ NSF - REDEPOSIT SEPTEMBER - WHITFORD 118.50$ MEDICARE PINTLER REVERAL SEG ALTANA INTEREST-CD 01001 ALTANA INTEREST- CD 0100 YB9214534- INTEREST YB 4014081- INTEREST BIG STIP INTEREST LITTLE STIP INTEREST 62,007.59$ LESS: OUTSTANDING UI TAXES OUTSTANDING MPORS OUTSTANDING PERS- OUTSTANDING ACH POSTINGS TO BM Outstanding Court Checks from Court Bank Statement (11,391.18)$ Total Reductions to Cash (11,391.18)$ Ending Bank Balance 26,038,659.35$ SYSTEM BALANCE: Beginning System Balance from cash report 25,516,361.44$ ADD RECEIVED 1,390,455.43$ LESS DISBURSED (868,157.52)$ Ending System Balance from cash report 26,038,659.35$ Difference between Bank and System -$ CITY OF LAUREL MONTH OF AUGUST 2024 30 File Attachments for Item: 6. Council Workshop Minutes of September 17, 2024. 31 32 33 File Attachments for Item: 7. Budget/Finance Committee Minutes of September 10, 2024. 34 35 36 File Attachments for Item: 8. Public Works Committee Minutes of August 19, 2024. 37 38 39 40 41 42 43 44 45 46 47 48 49 File Attachments for Item: 9. Emergency Services Committee Minutes of August 26, 2024. 50 51 52 53 54 55 56 57 58 59 60 61 File Attachments for Item: 10. Park Board Minutes of September 5, 2024. 62 63 64 File Attachments for Item: 11. Resolution No. R24-83: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Ace Electric, Inc. 65 R24-83 Approve Independent Contractor Service Contract by and between the City of Laurel and Ace Electric, Inc. RESOLUTION NO. R24-83 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 24th day of September 2024 by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the 24th day of September 2024. APPROVED by the Mayor on the 24th day of September 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 66 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 24th day of September, 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 3/27/2024, 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 up to but not exceeding ten thousand dollars and no cents ($10,000.00) 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 67 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 68 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. 69 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. 70 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 24th DAY OF SEPTEMBER 2024. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Ace Electric, Inc. ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 71 72 File Attachments for Item: 12. Resolution No. R24-84: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Cindan Heating & Cooling Co., Inc. 73 R24-84 Approve Independent Contractor Service Contract by and between the City of Laurel and Cindan Heating & Cooling Co., Inc. RESOLUTION NO. R24-84 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH CINDAN HEATING & COOLING CO., 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 Cindan Heating & Cooling Co., Inc. 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 Cindan Heating & Cooling Co., Inc. on behalf of the City. Introduced at a regular meeting of the City Council on the 24th day of September 2024 by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the 24th day of September 2024. APPROVED by the Mayor on the 24th day of September 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 74 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 24th day of September 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 Cindan Heating & Cooling Co., Inc., a contractor licensed to conduct business in the State of Montana, whose address is 1415 Ridge Drive, 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 September 12, 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 seventeen thousand five hundred seventy-five dollars and no cents ($17,570.00) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s 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 - 75 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 materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the correcti ve 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. 76 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. 77 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 negot iate 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. 78 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 24th DAY OF SEPTEMBER 2024. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Cindan Heating & Cooling Co. Inc ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 79 80 File Attachments for Item: 13. Resolution No. R24-85: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Prorover. 81 R24-85 Approve Independent Contractor Service Contract by and between the City of Laurel and Prorover RESOLUTION NO. R24-85 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH PROROVER. 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 Prorover, 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 Prorover on behalf of the City. Introduced at a regular meeting of the City Council on the 24th day of September 2024 by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the 24th day of September 2024. APPROVED by the Mayor on the 24th day of September 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 82 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 24th day of September 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 Prorover, a contractor licensed to conduct business in the State of Montana, whose address is 501 South 30th Street, Billings, MT 59101, 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 September 12, 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 nine thousand three hundred fifty dollars and no cents ($9,350.00) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personne l policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub - contracts in any dealings between Contractor and any third parties. The City is interested solely in the 83 Page 2 of 5 results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39 -71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles 84 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 t he 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. 85 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. 86 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 24th DAY OF SEPTEMBER 2024. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Prorover ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 87 88 File Attachments for Item: 14. Resolution No. R24-86: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Donahue Roofing & Siding LLC. 89 R24-86 Approve Independent Contractor Service Contract by and between the City of Laurel and Donahue Roofing & Siding LLC RESOLUTION NO. R24-86 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH DONAHUE ROOFING & SIDING LLC. 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 Donahue Roofing & Siding LLC, 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 Donahue Roofing & Siding LLC on behalf of the City. Introduced at a regular meeting of the City Council on the 24th day of September 2024 by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the 24th day of September 2024. APPROVED by the Mayor on the 24th day of September 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 90 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 24th day of September 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 Donahue Roofing & Siding LLC, a contractor licensed to conduct business in the State of Montana, whose address is 3970 Avenue D Suite D, Billings, MT 59102, 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 March 25, 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 nine thousand eight hundred thirty-four dollars and twenty-four cents ($9,834.24) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or su b- 91 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 o f this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. 92 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 th is 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 part y. 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. 93 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. 94 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 24th DAY OF SEPTEMBER 2024. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Donahue Roofing & Siding LLC ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 95 96 97 File Attachments for Item: 15. Appointments of Kyle Scott and Dillon Scott to the Laurel Volunteer Fire Department. 98 LAUREL FIRE DEPARTMENT 215 West 1st Street • Laurel, Mt •59044•Office 406.628.4911 • Fax 406.628.2185 9/19/2024 Brittney, Please move forward with putting the following elected fire fighter in front of the Mayor and City Council.  Kyle Scott  Dillon Scott JW Hopper Fire Chief Laurel Volunteer Fire Department (O) 406-628-4911 (C) 406-860-0782 jwhopper@laurel.mt.gov 99