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HomeMy WebLinkAboutCity Council Packet 01.28.2025 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, JANUARY 28, 2025 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 January 14, 2025. Correspondence Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will 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 Secti on 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. 2. Claims entered through January 24, 2025. 3. Clerk/Treasurer Financial Statements for the Month of December 2024. 4. Approval of Payroll Register for PPE 1/19/2025 totaling $ 250,361.49. 5. Council Workshop Minutes of January 7, 2025. 6. Council Workshop Minutes of January 21, 2025. Ceremonial Calendar Reports of Boards and Commissions 7. Budget/Finance Committee Minutes of January 14, 2025. 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 1 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 8. Resolution R25-10: A Resolution Of The City Council Authorizing The Mayor To Execute An Agreement For Provision Of Fire Services For The Laurel Urban Fire Service Area (“LUFSA”). 9. Resolution R25-11: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Ace Electric, Inc. 10. Resolution R25-12: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Interstate Power Systems. 11. Resolution R25-13: A Resolution Of The City Council Authorizing The Mayor To Execute An Employment Agreement For The Position Of Chief Administrative Officer. 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 January 14, 2025. 3 4 5 6 7 File Attachments for Item: 5. Council Workshop Minutes of January 7, 2025. 8 9 10 11 12 13 14 File Attachments for Item: 6. Council Workshop Minutes of January 21, 2025. 15 16 17 18 19 20 21 22 23 24 File Attachments for Item: 7. Budget/Finance Committee Minutes of January 14, 2025. 25 26 27 File Attachments for Item: 8. Resolution R25-10: A Resolution Of The City Council Authorizing The Mayor To Execute An Agreement For Provision Of Fire Services For The Laurel Urban Fire Service Area (“LUFSA”). 28 R25-10 Approve Agreement for Provision of Fire Services by and between the City of Laurel and LUFSA RESOLUTION NO. R25-10 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR PROVISION OF FIRE SERVICES FOR THE LAUREL URBAN FIRE SERVICE AREA (“LUFSA”). BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement for Provision of Fire Services for the Laurel Urban Fire Service Area (“LUFSA”), by and between the City of Laurel (hereinafter “the City”) and LUFSA, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Agreement for Provision of Fire Services with LUFSA on behalf of the City. Introduced at a regular meeting of the City Council on the 28th day of January 2025, by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the 28th day of January 2025. APPROVED by the Mayor on the 28th day of January 2025. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 29 30 31 32 File Attachments for Item: 9. Resolution R25-11: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Ace Electric, Inc. 33 R25-11 Approve Independent Contractor Service Contract by and between the City of Laurel and Ace Electric, Inc. RESOLUTION NO. R25-11 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 28th day of January 2025, by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the 28th day of January 2025. APPROVED by the Mayor on the 28th day of January 2025. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 34 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 28th day of January, 2025, 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 1/8/2025, 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 six thousand ninety-six dollars and fifty cents ($6,096.50) 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- 35 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. 36 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. 37 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. 38 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 28th DAY OF JANUARY 2025. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Ace Electric, Inc. ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 39 40 41 File Attachments for Item: 10. Resolution R25-12: A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Interstate Power Systems. 42 R25-12 Approve Independent Contractor Service Contract by and between the City of Laurel and Interstate Power Systems RESOLUTION NO. R25-12 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH INTERSTATE POWER SYSTEMS. 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 Interstate Power Systems, 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 Interstate Power Systems on behalf of the City. Introduced at a regular meeting of the City Council on the 28th day of January 2025, by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the 28th day of January 2025. APPROVED by the Mayor on the 28th day of January 2025. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 43 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 28th day of January 2025, 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 Interstate Power Systems, a contractor licensed to conduct business in the State of Montana, whose address is 1140 Main Street, Billings MT 59105, 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 January 10, 2025, 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 as set forth and itemized for years 2025, 2026, 2027 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- contracts in any dealings between Contractor and any third parties. The City is interested solely in the 44 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 45 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 th e 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. 46 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. 47 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 28th DAY OF January 2025. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Interstate Power Systems ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 48 49 50 51 52 File Attachments for Item: 11. Resolution R25-13: A Resolution Of The City Council Authorizing The Mayor To Execute An Employment Agreement For The Position Of Chief Administrative Officer. 53 R25-13 Approve Employment Agreement for Chief Administrative Officer RESOLUTION NO. R25-13 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CHIEF ADMINISTRATIVE OFFICER. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Employment Agreement by and between the City of Laurel (hereinafter “the City”) and Kurt Markegard (hereinafter “Markegard”), for Markegard’s employment as Chief Administrative Officer, attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Employment Agreement on behalf of the City. Introduced at a regular meeting of the City Council on the 28th day of January 2025 by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the 28th day of January 2025. APPROVED by the Mayor on the 28th day of January 2025. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 54 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made this day of , 2025, by and between the CITY OF LAUREL, a Municipality in the State of Montana (hereinafter referred to as the “City”) and KURT MARKEGARD, an individual (hereinafter referred to as “Chief Administrative Officer”). WITNESSETH: WHEREAS, the Laurel City Charter of the City of Laurel, Montana provides for the appointment of the Chief Administrative Officer by the Mayor, with the advice and consent of the City Council; and, WHEREAS, to fulfill the requirements of the Laurel City Charter, the compensation and conditions of employment for the Chief Administrative Officer have been set forth in this Agreement between the City and the Chief Administrative Officer. NOW, THEREFORE, the Parties agree as follows: 1. Appointment; Classification: Chief Administrative Officer is hereby appointed and employed as the Chief Administrative Officer of the City of Laurel, subject to all conditions herein and all applicable laws. Chief Administrative Officer is hereby vested with the authority applicable to the position of Chief Administrative Officer and the Chief Administrative Officer hereby assumes the duties, responsibilities, and obligations of that office, as set forth in the Laurel City Charter and the Laurel Municipal Code, and in the applicable policies and resolutions of the City adopted thereunder. The parties agree that this Agreement and the City’s Job Description for the Chief Administrative Officer position constitutes the entire agreement between the parties and that no oral promises, representations, or warranties have been made or are an enforceable part of this Agreement. The Chief Administrative Officer position created herein is classified as an exempt/non- Union position. The Chief Administrative Officer shall perform the essential duties and responsibilities contained in the Chief Administrative Officer Job Description and shall report directly to the City’s Mayor. The Chief Administrative Officer shall not be reassigned from the position of Chief Administrative Officer to any other position without the Chief Administrative Officer’s express written consent. 2. Employment and Duties; Term; and Performance: The appointment of the Chief Administrative Officer and the conditions of this contract shall be effective at 12:01 A.M. on City Council approval, or such other date as may be agreed to in writing by both parties hereto (the “Employment Date”), and fulltime performance of Chief Administrative Officer’s duties as Chief Administrative Officer and to the performance of such other duties as are assigned to them from time to time by the Mayor and City Council, which shall include attendance at regularly scheduled City Council 55 Meetings, unless excused by the Mayor. The term of this Agreement shall be a five (5) year term, renewable at the close of five (5) years, for an additional three (3) year time period, upon the recommendation of the Mayor and approval of City Council. Thereafter, this Agreement may be further renewed upon the recommendation of the Mayor and approval of City Council. No termination of this Agreement may occur within those specified time periods, except under the express terms of this Agreement, as noted in Section (4) below. 3. Performance Evaluation: A. The Mayor shall review and evaluate the performance of the Chief Administrative Officer at least annually. Further, the Mayor shall provide the Chief Administrative Officer with a summary written statement of the findings of the Mayor after each review and evaluation and shall provide an adequate opportunity for the Chief Administrative Officer to discuss Chief Administrative Officer’s evaluation with the Mayor and City Council. B. Annually, the Mayor and Chief Administrative Officer shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the City’s policy objectives, and may establish a relative priority among those various goals and objectives. Said goals and objectives shall be reduced to writing, shall generally be attainable within the time limitations as specified, and within the annual operating and capital budgets and appropriations provided. 4. Termination: A. The City may not terminate this Agreement, or refuse to non-renew this Agreement during the first two terms, unless any of the following events have occurred: the Chief Administrative Officer has: (1) violated the terms of the Laurel Municipal Code or the City’s Personnel Policy; (2) violated the terms of this Agreement; (3) willfully and intentionally neglected the duties, responsibilities, and obligations of the Chief Administrative Officer’s office; or (4) is convicted of any crime involving moral turpitude. If the Chief Administrative Officer is terminated for any of the foregoing reasons, or if this Agreement is not renewed for any of the foregoing reasons, such termination shall be considered “With Good Cause.” Any other termination of this Agreement, or refusal to non-renew this Agreement, shall be subject to all “Good Cause” requirements of the Montana Wrongful Discharge from Employment Act. B. In the event the City terminates or elects not to renew this Agreement, the Chief Administrative Officer shall be entitled to severance pay in an amount equal to one (1) year salary compensation plus one (1) year of benefits (the “Severance Pay”). For the purposes of this Section, benefits shall mean and include all of the 56 insurance and retirement benefits described below. The cost of the insurance benefits shall be paid by the City at a rate not to exceed the actual cost to the City prior to the termination; provided, however, any insurance rate increases implemented on the City’s group plans will also be absorbed by the City. Compensation included in the Severance Pay shall be calculated at the rate of pay in effect on the date of termination and shall be paid in biweekly installments payable on regular City paydays, or at such intervals or dates as all other City employees may be paid, subject to appropriate tax withholdings. C. The Chief Administrative Officer may terminate the contract for any reason upon sixty (60) days’ written notice as set forth herein and shall be entitled to payment by the City of any accrued vacation or other accrued paid days, provided such notice has been given. No severance payments or benefits shall be paid if termination is initiated by the Chief Administrative Officer, provided, however, that the Parties may mutually agree to severance payments and benefits as set forth above as part of a negotiated resignation. 5. Rate of Compensation: As compensation for Chief Administrative Officer’s services, the City shall pay to the Chief Administrative Officer the sum of One-Hundred Fifteen Thousand Dollars ($115,000) annually, such compensation to be paid in biweekly installments payable on regular City paydays, or at such intervals or dates as al l other City employees may be paid. This compensation will be reviewed annually from the Employment Date and may be adjusted accordingly by agreement of both Parties, up to but not exceeding a five percent (5%) annual increase. Further, the Parties acknowledge that the Chief Administrative Officer should be the highest paid employee within the City. Therefore, if the City increases any employee’s rate of pay and/or benefits to exceed the compensation of the Chief Administrative Officer, the Chief Administrative Officer shall receive a like-kind increase so that Chief Administrative Officer’s compensation remains above all other employees. 6. Paid Time Off (“PTO”): The Chief Administrative Officer will be credited with forty (40) hours of PTO leave annually immediately upon the Employment Date, consistent with the City’s PTO policies and the CAO’s length of previous service with the City. Carryover of any PTO is pursuant to the City’s policies and procedures, applicable to all City employees. 7. Disability, Health, and Life Insurance: As of the Employment Date, the City agrees to put into force and/or continue insurance policies for life, dental, vision, disability, sickness, major medical, short term disability, long term disability, and dependent’s group insurance covering Chief Administrative Officer and Chief Administrative Officer’s dependents, which policies are the same as offered to other general employees of the City. Regardless of future policy amendments, the City agrees to continue payment of 100% of the premium for these benefits for Chief Administrative Officer. 8. Retirement: As of the Employment Date, the City agrees to put into force and/or 57 continue such Retirement Plan(s) as are the same as offered to other general employees of the City. 9. Professional Development: The City hereby agrees to budget and to pay for the travel and subsistence expenses of Chief Administrative Officer for professional and official travel, meetings, and occasions adequate to continue the professional development of the Chief Administrative Officer and to adequately pursue necessary official and other functions for the City. The Chief Administrative Officer may choose which and how many professional development event(s) to attend without City Council approval so long as the expenses do not exceed the budgeted amount for this activity. 10. General Expenses: The City recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by Chief Administrative Officer, and hereby agrees to reimburse or to pay said general expenses, including, but not limited to, Chief Administrative Officer’s expenses for the purchase and use of a cellular phone. These expenses are to be reviewed and approved by the Mayor prior to reimbursement in accordance with established policy. 11. Automobile: In order to carry out official duties, the City will provide the Chief Administrative Officer with the use of an automobile. If no vehicle is available, the City shall reimburse the Chief Administrative Officer for the use of their personal vehicle at the current rate for mileage as determined by the Montana Department of Administration. 12. Confidentiality: The Chief Administrative Officer acknowledges that, during the term of his employment, he might obtain and gather confidential information regarding the City’s operations and/or personnel. The Chief Administrative Officer acknowledges that all confidential information is the City’s property and in no event shall he disclose such information to any person or entity, unless such disclosure is requested by the City or required by law. 13. Other Terms and Conditions of Employment: A. The Mayor shall fix any such other terms and conditions of employment, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, with the Laurel City Charter or the Laurel Municipal Code, or any other law. B. All provisions of the City Charter, Municipal Code, Personnel Policy, and rules and regulations of the City relating to vacation and sick leave, retirement and pension system contributions, holidays, other fringe benefits, and working conditions as they now exist or hereafter may be amended, also shall apply to the Chief Administrative Officer as they would to other employees of the City, unless otherwise provided for herein. 14. Notices: Notice pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: 58 CITY: Attn: Mayor 115 West 1st Street Laurel, MT 59044 CHIEF ADMINISTRATIVE OFFICER: Kurt Markegard Attn: Chief Administrative Officer 115 West 1st Street Laurel, MT 59044 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Services. 15. Indemnification: City shall indemnify the Chief Administrative Officer to the fullest extent allowable by law for actions taken within the scope of this Agreement and Chief Administrative Officer’s official duties and shall provide public officials liability and errors and omissions insurance coverage as required by law and to the same extent as provided for other City officials or employees. 16. General Provisions: A. The text herein shall constitute the entire Agreement between the Parties and can only be amended or modified by written agreement of the Parties. An amendment or modification of this Agreement shall not be deemed a termination of this Agreement entitling the Chief Administrative Officer to severance pay to the extent set forth above. B. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, that provision, or any portion thereof, shall be deemed severable, but the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. 17. Binding Effect: This Agreement shall bind and be enforceable between the Chief Administrative Officer and any subsequently elected or appointed Mayor or City Council Member for the duration of the Agreement. 18. Governing Law: This Agreement shall be governed by, interpreted, and construed under the laws of the State of Montana. Yellowstone County shall be the appropriate venue for any disputes arising under this Agreement. IN WITNESS WHEREOF, the City of Laurel has caused this Agreement to be signed and 59 executed on its behalf by its Mayor, duly attested by its City Clerk, and approved in form by the City Attorney, and the Chief Administrative Officer has signed and executed this Agreement, both in duplicate, the day and year first written above. CITY OF LAUREL: ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney CHIEF ADMINISTRATIVE OFFICER: ___________________________ Kurt Markegard 60 -1- MEMORANDUM REGARDING INDEPENDENT INTERVIEW PANEL RESULTS FOR CHIEF ADMINISTRATIVE OFFICER RECOMMENDATION Dated: 14 January 2025 On January 14, 2025, an Independent Interview Panel was convened to conduct interviews of three different qualified Applicants for the Chief Administrative Officer position within the City of Laurel. The Interview Panel was selected in advance to consist of three constituents and active community members within the City of Laurel. No City Personnel served on the Panel. The City of Laurel Mayor did not participate in the Interview Process. The Interview Process was intended to be objective, unbiased, and independently based upon the individualized experience and expertise of each Applicant, as assessed based upon their Application Materials and in the Interviews, without any input from any City Personnel regarding who the most-qualified person might be for a recommendation to the Mayor. As the City Attorney for the City of Laurel, I was present simply to assist in providing guidance regarding the appropriate interview questions for the Panel and, ultimately, compile all of the results of the Interview Panel’s scoring criteria and comments to provide to the Mayor for his consideration and ultimate recommendation to the Laurel City Council. All Interview Panel Members were anonymous, and none were disclosed to the Applicants in advance of the interviews. All questions and scoring criteria utilized in the interview process were consistent with the questions and scoring criteria for previously-interviewed and hired CAOs. None of the Applicants had access to the information utilized in the interviews prior to them being conducted. The Interview Panel conducted lengthy interviews with all three qualified Candidates. All three were rated by the Interview Panel with the objective scoring criteria to indicate their respective strengths and weaknesses on various aspects of City governance, the role of a CAO, their interactions with colleagues and City personnel, and their goals for the future of the City of Laurel, should they be selected for the position. The Interview Panel did not share with each Panel Member the outcome of their scoring, their comments about why/how they were scoring a particular Applicant in a specific manner, nor their 61 -2- ultimate individualized recommendation on who they believed should be recommended to fill the CAO position. At the close of the Interview Process, the objective scoring was totaled, and that information was then provided to the City of Laurel Mayor. One candidate was the top-scoring candidate, and that candidate is being recommended to Mayor Waggoner as the most-qualified candidate, based upon the Interviews and Scoring Criteria, to serve as the Chief Administrative Officer for the City of Laurel. OFFICE OF THE CIVIL CITY ATTORNEY Michele L. Braukmann, J.D. CITY OF LAUREL Civil City Attorney civilattorney@laurel.mt.gov 62 63 64 MEMORANDUM REGARDING HISTORICAL BASIS FOR CHIEF ADMINISTRATIVE OFFICER POSITION Please see the attached historical information on Chief Administrative Office positions in the City of Laurel:  Perry Asher -- 8/22/2005-5/10/2007: This individual was retained to oversee Department Heads and function in the capacity as a CAO would, before the City of Laurel’s Charter contemplated a CAO position.  William Sheridan -- 12/17/2007: William was hired as the CAO for a period of time after his initial employment. Thereafter, the City Charter in the City of Laurel was amended to contemplate a formal CAO position. This change occurred in Year 2008. The following two individuals served in this position after 2008:  Heidi Jensen -- 10/29/2011-12/12/2017.  Matthew Lurker -- 6/20/2018-3/26/2019. 65 MEMORANDUM REGARDING BENEFITS OF EMPLOYING A CHIEF ADMINISTRATIVE OFFICER A Chief Administrative Officer (CAO) is an important role in many cities and municipalities. The CAO is typically a senior executive who manages the day-to-day operations of the City’s government, reporting directly to the Mayor. Below are some of the significant benefits of a City having a Chief Administrative Officer: 1. Streamlined Governance and Decision-Making Centralized Leadership: The CAO acts as the central point of contact for all administrative operations within the City government. This centralized leadership helps streamline decision- making and ensures that policies and directives are consistently implemented across departments. Consistency and Efficiency: By having a single individual overseeing the daily operations of the City, the CAO can reduce duplication of efforts, resolve inter-departmental conflicts, and ensure a unified vision is executed across various City functions. 2. Professional Management of City Operations Executive Expertise: The CAO typically has extensive management experience and expertise . This professional background helps ensure that the City is run efficiently and that public services are delivered in a manner that is both effective and accountable. Operational Focus: While elected officials, such as the Mayor or City council, are responsible for setting policy and strategic direction, the CAO focuses on implementing those policies. This professional management helps ensure that the City’s operations run smoothly and that daily governance is not bogged down by political cycles or micromanagement. 3. Improved Accountability and Transparency 66 Clear Reporting Structure: The CAO acts as a key figure who provides transparent reporting on the City's operations, fiscal health, and performance metrics. The CAO is typically responsible for preparing reports and updates for the City Council and Mayor, making it easier to track progress and identify issues in real time. Accountability to Elected Officials: The CAO helps ensure that the City's administration is accountable to elected officials (e.g., Mayor, City council). They report to these elected leaders about operational outcomes, ensuring that decisions are based on accurate data and effective performance metrics. 4. Improved Fiscal Management Budget Oversight: One of the critical responsibilities of the CAO is overseeing the City’s budget. By managing the budget preparation process, ensuring cost-effective allocation of resources, and identifying areas for financial improvement, the CAO helps ensure that the City's financial resources are used efficiently and in accordance with strategic priorities. Long-Term Financial Planning: The CAO is also responsible for ensuring long-term fiscal health, including planning for future capital projects, managing City debt, and working on sustainable revenue generation strategies. 5. Crisis Management and Risk Mitigation Crisis Leadership: In times of emergency or crisis (natural disasters, economic downturns, public health issues), the CAO plays a crucial role in coordinating responses across City departments, allocating resources effectively, and ensuring that the City can respond to emergencies quickly and efficiently. Proactive Risk Management: By overseeing all departments and operations, the CAO can help identify potential risks to the City, such as financial mismanagement, security threats, or operational inefficiencies, and implement strategies to mitigate these risks. 6. Strategic Planning and Long-Term Vision Implementing Policy Goals: While elected officials set the policy agenda, the CAO is responsible for translating these goals into actionable plans. The CAO works with various departments to align operational efforts with the City’s long-term strategic objectives, ensuring that policy initiatives are carried out effectively. Fostering Innovation: The CAO’s role often involves driving innovation within City operations. This could mean improving service delivery, implementing new technologies, or finding creative solutions to problems like housing shortages, infrastructure issues, or environmental sustainability. 67 7. Improved Service Delivery and Public Satisfaction Better Public Services: With a CAO managing the day-to-day operations, City services (e.g., public safety, parks, public health) are better coordinated, and the focus is on customer satisfaction. The CAO ensures that services are not only delivered efficiently but also with a focus on responsiveness and quality. Citizen-Centric Approach: The CAO can help establish systems that focus on continuous improvement of service delivery based on community feedback, thereby increasing citizen satisfaction. 8. Personnel and Organizational Development Human Resources Oversight: The CAO plays a significant role in managing the City's workforce, overseeing hiring practices, employee training, development, and retention. Effective human resources management helps ensure that the City employs qualified professionals who are aligned with the City’s values and objectives. Cultural Leadership: The CAO helps set the tone for the culture of the City government, emphasizing values such as transparency, efficiency, accountability, and responsiveness. They work to create an organizational culture that supports these values, ultimately improving the effectiveness of the City government. 9. Improved Collaboration and Coordination Across Departments Cross-Departmental Collaboration: Many City functions (e.g., planning, public works, emergency response services, transportation, library services) require coordination between different departments. The CAO plays an important role in fostering inter-departmental collaboration and resolving conflicts that may arise between departments. Breaking Down Silos: The CAO's oversight can help eliminate silos between departments, ensuring that all City services are aligned towards common goals, such as improving quality of life or addressing challenges for citizens. 10. Political Stability and Continuity Buffer Between Politics and Administration: The CAO can act as a buffer between political leadership and administrative functions. This is especially important in cities where political leadership changes frequently (e.g., through elections), as the CAO provides continuity in governance and ensures that long-term City operations are not disrupted by political transitions. Stability in Government: The CAO ensures that the day-to-day functioning of the City remains stable, even as elected officials change or policy priorities shift. This provides stability for employees, residents, and stakeholders who rely on consistent governance. 68 11. Enhanced Public-Private Partnerships Engagement with the Private Sector: The CAO can help foster productive relationships between the City government and private companies, non-profits, and other external stakeholders. These partnerships can lead to more innovative solutions, better resource allocation, and enhanced service delivery in areas like infrastructure, development, or economic growth. Leveraging Resources: With a CAO in place, a City can more effectively identify opportunities for collaboration with the private sector to fund and execute large-scale public projects, such as public transportation, affordable housing, or urban renewal. Conclusion In summary, a Chief Administrative Officer (CAO) brings significant benefits to a City by providing professional, efficient, and coordinated management of day-to-day operations. This role enables better decision-making, improved service delivery, financial oversight, crisis management, and long-term strategic planning. By overseeing the implementation of policies, managing resources effectively, and fostering collaboration across departments, the CAO helps ensure that the City functions smoothly, remains financially sustainable, and is able to meet the needs of its citizens. 69 STATISTICS REGARDING CITIES/TOWNS IN THE STATE OF MONTANA THAT UTILIZE CHIEF ADMINISTRATIVE OFFICERS/CITY MANAGERS  128 Cities/Towns in the State of Montana  112 Cities/Towns in the State of Montana have consolidated forms of government, employing a traditional Mayor/Council form, that allows the appointment of a City CAO or City Manager  Representative examples of Cities presently utilizing CAOs/City Managers: o Polson o Helena o Whitefish o Hamilton o Columbia Falls o Miles City o Great Falls o Livingston o Belgrade o Bozeman o Billings o Kalispell o Lewistown o Harlowton o Libby o Missoula o Butte 70 71 RESOLUTION NO. R08-72 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE CHIEF ADMINISTRATIVE OFFICER POSITION BETWEEN THE CITY OF LAUREL AND WILLIAM SHERIDAN. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Anbroval. The contract negotiated between the City of Laurel and William Sheridan far the Chief Administrative Officer position is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: Execution. The Mayor and City Clerk-Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Introduced at a regular meeting of the City Council on July 1, 2008, by Council Member Stam er PASSED and APPROVED by the City Council of the City of Laurel this 15t day of July, 2008. APPROVED by the Mayor this 1 ~` day of July, 200$. CITY F LA REL enneth E. Olson, J ., Mayor ATTEST: R08-72 Chief Administrative Officer Contract Elk River Law Office, P.L.L.P. 72 EMPLOYMENT CONTRACT Chief Administrative Officer This employment contract is made and effective this 1st day of July 2008 by and between the City of Laurel, Montana, hereinafter referred to as "City" and William Sheridan, whose address is currently 303 South Solaz Boulevazd, Billings, Montana hereinafter called the "Employee." When used herein the term "parties" means the "City and Employee", jointly. In consideration of their mutual promises set forth herein, the parties hereby agree as follows: 1. Employment. City hereby employs Employee in accordance with Article III, Section 3 of the City's Charter and Employee hereby accepts such employment, upon the terms and conditions set forth in this written contract of employment. The Parties intend to create a written contract of employment in accordance with MCA §39-2-912 and therefore agree that this contract and the City's Job Description attached hereto constitutes the entire agreement between the Parties and that no oral promises, representations or warranties have been made or are an enforceable part of this contract. 1.1 Employee shall serve as the City's Chief Administrative Officer "CAO." The City has classified the position as an exempt/non-union position as contained in the Job Description attached hereto and incorporated herein. Employee shall commence employment as CAO on July 1, 2008. 1.2 Employee shall perform the essential duties and responsibilities contained in the attached Job Description and shall report directly to the Mayor. 2. Sa_, 1Sry. City shall compensate Employee as follows: 2.1 Salary for the period July 1, 2008 to June 30, 2009: City shall pay Employee for his services rendered pursuant hereto an annual base salary of $72,500 per yeaz, payable in installments at the same time as other employees of the City aze paid. 2.2 Salary for the period July 1, 2009 to June 30, 2010: City shall pay Employee for his services rendered pursuant hereto an annual base salary of $75,000 per year, payable in installments at the same time as other employees of the City are paid. Employee is entitled to an increase in the base salary provided herein equal to any increase in salary the City provides its other non-union employees during fiscal year 2009-2010. 2.3 Extaenses: City recognizes that certain expenses of anon-personal and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse ar to pay reasonable expenses and the City Clerk, upon approval by the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 2.4 Taxes: All payments made to and on behalf of Employee under this contract are subject to withholding of any required federal, state or local income and employment taxes. 73 74 has no obligation to pay the aggregate severance sum provided in this paragraph, Far cause means any legitimate business reason. 7.3 During the effective date of this contract, if City involuntarily reduces Employee's salary or otherwise refuses to comply with any provision of this contract that benefits Employee, he, at his option, may elect to be considered terminated without cause entitling him/her to the payment provisions contained in pazagraph 7.2. 7.4 If Employee resigns following a formal suggestion by the Mayor that he/she resign for no cause, Employee, may, at his option, elect to be considered terminated at the date of such suggestion entitling him/her to the payment provisions contained in pazagraph 7.2. 7.S If City's Mayor terminates Employee at any time during the six (6) months subsequent to the seating and swearing-in of a newly elected Mayor while Employee is willing and able to perform his duties under this contract, Employer shall pay the sum provided in paragraph 7.2 above. 7.6 If Employee voluntarily resigns his position with City he must provide the City with thirty days advance notice, unless the parties otherwise agree in writing. 7.7 If Employee's termination results from death, disability or cause, City's fmal compensation to Employee is limited to payment for services rendered to date and payment for any accrued and remaining leave in accordance with Section V of the City's Personnel Policy Manual. Confidentiality. Employee acknowledges that during his course of employment, he/she might obtain and gather confidential information regazding the City's operations ar employees. Employee further acknowledges that all confidential information is the City's property and in no event shall Employee disclose such information to any person or entity unless disclosure is requested by the City or required by law. 9. Performance Evaluation. The Mayor shall review and evaluate the performance of Employee at least once annually, Each evaluation must be performed on or before June 1St of each year. The review and evaluation shall be in accordance with specific criteria developed jointly by the Mayor and Employee. Criteria may be added or deleted as the Mayor may from time to time determine necessary and proper, in consultation with the Employee. Prior to June 1St of each year, Employee must provide the Mayor aself-evaluation based upon mutually agreed upon goals and performance objectives. The Mayor shall personally review the evaluation with the Employee and provide Employee an adequate opportunity to discuss the evaluation with the Mayor. 10. Professional Develoument. City shall budget and pay for the travel and subsistence expenses of Employee for short courses, instates and seminars that are necessary for his professional development for the good of the City, if funding is available. The City desires Employee join and participate in local organizations including but not limited to the local Rotary Club and Chamber of Commerce. City shall pay Employee's membership dues to 3 75 encourage such membership and attendance. 11, Bonding. City shall beaz the full cast of any fidelity or other bands required of the Employee under its Charter or any applicable law or ordinance. 12. Other Term_ s and Conditions of Emntovment. The Mayor, in consultation with the Employee, shall fix other terms and conditions of employment, as they may determine necessary from time to time, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this contract, the City's Charter, Ordinances or any other applicable law. 13. Indemnification. City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties. City may compromise and settle any such claim or suit and will pay the amount of any settlement or judgment rendered thereon. The obligations of City under this section shall not apply if: 13.1 The conduct of Employee complained of constitutes oppression, fraud or malice, or for any reason does not arise out of the course and scope of Employee's employment; or, 13.2 The conduct of Employee complained of constitutes a criminal offense as defined under Montana law; or, 13.3 Employee compromised or settled the claim without the consent of City; or, 13.4 Employee fails or refuses to cooperate reasonably in the defense of the case. 14. Residence. Employee shall reside within the City limits of the City of Laurel when he/she obtains an acceptable home to rent or purchase. 15, Miscellaneous. This Contract contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This Contract may be changed only by an agreement in writing signed by the parry against whom any waiver, change, amendment ar modif cation is sought. This Contract shall be construed and enforced in accordance with the City's Charter, Ordinances and applicable laws of the State of Montana. 16. Personal Contract. The obligations and duties of the Employee hereunder shall be personal and not assignable to any person or entity, although the contract is binding and shall inure to the benefit of Employee's heirs and executors at law. 4 76 17. NOtiCes. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Pastal Services, postage prepaid, addressed as follows: 1) CITY: Office of the Mayor, P.Q. Box 10, Laurel, MT 59044; and 2) EMPLOYEE: 303 South Solar Boulevard, Billings, Montana 59102 1$. Renegotiation. The Parties may commence negotiation of a subsequent employment contract six (6) months prior to the expiration of this employment contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. CITY OF LAUREL ayor EMPLOYE: illiam Sheridan ATTEST: Mary K. bleton, Clerk-Treasurer 77 RESOLUTION NO. R11 -107 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE CHIEF ADMINISTRATIVE OFFICER POSITION BETWEEN THE CITY OF LAUREL AND HEIDI JENSEN. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The contract negotiated between the City of Laurel and Heidi Jensen for the Chief Administrative Officer position is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: Execution. The Mayor and City Clerk - Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Introduced at a regular meeting of the City Council on October 4, 2011, by Council Member Poehls PASSED and APPROVED by the City Council of the City of Laurel this 4 day of October, 2011. APPROVED by the Mayor this 4 day of October, 2011. CITY 0 LAUREL enneth E. Olson, Jr., s eryor ATTEST: i L • L c-c- 6.4- a Shirley Ewan, Clerk - Treasurer Approved as to fo 66A)LeLe— aeL a7...,, Sam Painter, Legal Counsel Elk River Law Office, P.L.L.P. R11 -107 Chief Administrative Officer Contract 78 EMPLOYMENT CONTRACT Chief Administrative Officer This employment contract is made and effective this 4th day of October, 2011, by and between the City of Laurel, Montana, hereinafter referred to as "City" and Heidi Jensen, hereinafter referred to as the "Employee." When the term "parties" is utilized in this contract, the term means the "City and Employee ", jointly. In consideration of their mutual promises set forth herein, the parties hereby agree as follows: 1.Employment. City hereby employs Employee in accordance with Article III, Section 3 of the City's Charter and Employee hereby accepts such employment, upon the terms and conditions set forth in this written contract of employment. The Parties intend to create a written contract of employment in accordance with MCA §39 -2- 912(2) and therefore agree that this contract and the City's Job Description attached hereto constitutes the entire agreement between the Parties and that no oral promises, representations or warranties have been made or are an enforceable part of this contract. 1.1 Employee shall serve as the City's Chief Administrative Officer "CAO." The City has classified the position as an exempt /non -union position as contained in the Job Description attached hereto and incorporated herein. Employee shall commence employment as CAO on October 5, 2011. 1.2 Employee shall perform the essential duties and responsibilities contained in the attached Job Description and shall report directly to the City's Mayor. 2.Salary. City shall compensate Employee as follows: 2.1 City shall pay Employee for her services rendered pursuant hereto an annual base salary of $67,500 per year, payable in installments at the same time as other employees of the City are paid. The City shall contribute $85.00 to Employee's 457 Deferred Compensation Plan on a monthly basis. Employee is eligible for an increase in the base salary provided herein equal to any increase in salary the City provides its other non -union employees during fiscal years subsequent to 2011 -2012. 2.2 Expenses: City recognizes that certain expenses of a non - personal and generally job - affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay reasonable expenses and the City Clerk, upon approval by the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 2.3 Taxes: All payments made to and on behalf of Employee under this contract are subject to withholding of any required federal, state or local income and employment taxes. 3.Term. 3.1 The term of this contract shall be for five (5) years commencing the date 1 79 provided herein, after execution by the Parties and subject to the approval of the City Council. 3.2 Nothing in this contract shall prevent, limit or otherwise interfere with the authority of the Mayor to terminate the services of Employee at any time, subject only to the provisions set forth in Section 7, Paragraphs 7.1 through 7.5, of this contract. 3.3 Nothing in this contract shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with City, subject only to the provision set forth in Section 7, Paragraphs 7.4 and 7.6 of this contract. 3.4 Employee agrees to remain in the exclusive employ of City and to not accept any other employment or to become employed by any other employer unless termination is affected as hereinafter provided. The term "employ and/or employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's time off. 4.Suspension. The Mayor may suspend the Employee in accordance with the City's Personnel Policy Manual at any time during the term of this contract. 5.Benefits. The City shall provide Employee the same benefits provided its other non- union employees under the City's Personnel Policy Manual and as required by applicable state and federal law. 6.Representations and Warranties. Employee represents that he /she shall attain and maintain the standard of personal and professional conduct required by City; the resume and/or employment application furnished to City are true and accurate in all respects, are not misleading, and do not omit the provision of any material information; that the education and experience of Employee is as stated in the resume and/or application; that Employee is in good health; that Employee knows of no present condition which now or in the future may adversely affect his/her health or his/her ability to perform his/her job; and that Employee has fully disclosed to City all facts which are material to City's decision to employ the Employee. 7.Termination of Employment. 7.1 This contract and Employee's employment immediately terminate upon Employee's death or finding or determination of a disability that prevents the Employee from performing the essential duties and responsibilities of the City's CAO. 7.2 If the Mayor terminates Employee without cause and Employee is willing and able to perform his/her duties under this contract then City shall pay Employee a severance payment equivalent to four months of Employee's salary. Employee shall also be compensated for all accrued and remaining leave in accordance with Section V of the City's Personnel Policy Manual. City shall comply with all IRS rules and regulations governing severance pay and tax withholding requirements. However, if Employee is terminated "for cause" or voluntarily resigns his/her employment the City has no obligation to pay the severance sum provided in this paragraph. 2 80 For cause means any legitimate business reason, or as otherwise defined by Montana law. 7.3 During the effective date of this contract, if City involuntarily reduces Employee's salary or otherwise refuses to comply with any provision of this contract that benefits Employee, he /she, at his /her option, may elect to be considered terminated without cause entitling him/her to the severance payment provision contained in paragraph 7.2. 7.4 If Employee resigns following a formal suggestion by the Mayor that he /she resign for no cause, Employee, may at his/her option, elect to be considered terminated at the date of such suggestion entitling him/her to the severance payment provision contained in paragraph 7.2. 7.5 If City's Mayor terminates Employee without cause at any time during the six 6) months subsequent to the seating and swearing -in of a newly elected Mayor while Employee is willing and able to perform his duties under this contract, Employer shall pay the severance sum provided in paragraph 7.2 above. 7.6 If Employee voluntarily resigns his/her position with City he /she must provide the City with thirty days advance notice, unless the parties otherwise agree in writing. 7.7 If Employee's termination results from death, disability or cause, City's final compensation to Employee is limited to payment for services rendered to date and payment for any accrued and remaining leave in accordance with Section V of the City's Personnel Policy Manual. 8.Confidentiality. Employee acknowledges that during his/her course of employment, he /she might obtain and gather confidential information regarding the City's operations or employees. Employee further acknowledges that all confidential information is the City's property and in no event shall Employee disclose such information to any person or entity unless disclosure is requested by the City or required by law. 9.Performance Evaluation. The Mayor shall review and evaluate the performance of Employee at least once annually. Each evaluation must be performed on or before June 1 of each year or as otherwise practicable. The review and evaluation shall be in accordance with specific criteria developed jointly by the Mayor and Employee. Criteria may be added or deleted as the Mayor may from time to time determine necessary and proper, in consultation with the Employee. Prior to June 1s` of each year, or as otherwise agreed between the Employee and the Mayor, Employee shall provide the Mayor a self - evaluation based upon mutually agreed upon goals and performance objectives. The Mayor shall personally review the evaluation with the Employee and provide Employee an adequate opportunity to discuss the evaluation with the Mayor. 10. Professional Development. City shall budget and pay for the travel and subsistence expenses of Employee for short courses, instates and seminars that are necessary for his/her professional development for the good of the City, if funding is available. The City desires Employee join and participate in local organizations including but not limited to the local Rotary Club and Laurel's Chamber of Commerce. City shall pay Employee's membership 3 81 dues to encourage such membership and attendance. 11. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under its Charter or any applicable law or ordinance. 12. Other Terms and Conditions of Employment. The Mayor, in consultation with the Employee, shall fix other terms and conditions of employment, as they may determine necessary from time to time, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this contract, the City's Charter, Ordinances or any other applicable law. 13. Indemnification. City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties. City may compromise and settle any such claim or suit and will pay the amount of any settlement or judgment rendered thereon. The obligations of City under this section shall not apply if 13.1 The conduct of Employee complained of constitutes oppression, fraud or malice, or for any reason does not arise out of the course and scope of Employee's employment; or, 13.2 The conduct of Employee complained of constitutes a criminal offense as defined under Montana law; or, 13.3 Employee compromised or settled the claim without the consent of City; or, 13.4 Employee fails or refuses to cooperate reasonably in the defense of the case. 14. Availability. Employee acknowledges that the CAO must be available by either cell or telephone after work hours in cases of emergency. Employee shall provide the Mayor and appropriate department heads her contact information for after hour emergency notifications. The City does not require the CAO to be on -call, simply available by telephone if an emergency should arise for purposes of notification. 15. Miscellaneous. This Contract contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This Contract may be changed only by an agreement in writing signed by the party against whom any waiver, change, amendment or modification is sought. This Contract shall be construed and enforced in accordance with the City's Charter, Ordinances and applicable laws of the State of Montana. 16. Personal Contract. The obligations and duties of the Employee hereunder shall be personal and not assignable to any person or entity, although the contract is binding and shall inure to the benefit of Employee's heirs and executors at law. 4 82 17. Notices. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Services, postage prepaid, addressed as follows: 1) CITY: Office of the Mayor, P.O. Box 10, Laurel, MT 59044; and 2) EMPLOYEE: Heidi Jensen, 3040 Central Avenue, Unit D -303, Billings, MT 59102 18. Renegotiation. The Parties may commence negotiation of a subsequent employment contract six (6) months prior to the expiration of this employment contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. CITY 0 LAUREL yor EMPLOYEE: kl Heidi Jensen ATTEST: / LC/ y Shirley Ewan, Clerk- Treasurer APP OVED AS TO Fi RIVI: 4._____S. City Attorney 5 83 I *a 01 -MI) R" 9 [130500M N BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval.. The contract negotiated between the City's Mayor and Matthew R. Lurker, Sr. for the Chief Administrative Officer position is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: Execution. The Mayor and City Clerk -Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Introduced at a meeting of the City Council on June 19, 2018, by Council Member MrGee PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 19'h day of June 2018. CITY OF LAUREL Thomas C. Nelson, Mayor BeBa e ,ng(A rk-Treasurer APPROVE AS TO FORM: Sam Painter —Civil -City Attorney R18-34 Chief Administrative Officer Contract 84 Chief Administrative Officer This employment contract is made and effective this 20th day of June, 2018 by and between the City of Laurel, Montana, hereinafter referred to as "City' and Matthew R. Lurker Sr., hereinafter referred to as the "Employee." When the term "parties" is utilized in this contract, the term means the "City and Employee," jointly. In consideration of their mutual promises set forth herein, the parties hereby agree as follows: 1 Employment. City hereby employs Employee in accordance with Article III, Section 3 of the City's Charter and Employee hereby accepts such employment, upon the terms and conditions set forth in this written contract of employment. The parties intend to create a written contract of employment in accordance with MCA §39-2-912(2) and therefore agree that this contract and the City's Job Description attached hereto constitutes the entire agreement between the parties and that no oral promises, representations or warranties have been made or are an enforceable part of this contract. 1.1 Employee shall serve as the City's Chief Administrative Officer "CAO." The City has classified the position as an Exempt/Non-Union Position as contained in the Job Description attached hereto and incorporated herein. Employee shall commence employment under this Contract upon approval by the City Council. 1.2 Employee shall perform the essential duties and responsibilities contained in the attached Job Description and shall report directly to the City's Mayor. 1.3 The CAO shall not be reassigned from the position of City CAO to another position without the CAO's prior express written consent. 2 Salary. City shall compensate Employee, as an Exempt Non -Union Salary Employee as follows: 2.1 City shall pay Employee for services rendered pursuant hereto an annual salary in the sum of $73,000 payable in equal installments at the same time as other employees of the City are paid. Employee shall serve a six-month (180 calendar day) probation period. Upon successful completion of the probation period, Employee's annual salary shall increase to 78,000 for the Exempt Position. Employee thereafter is eligible for an annual increase on the anniversary of the Employee's start date of this Contract. Employee's annual increase shall be calculated at 1.5% of the then current salary of the Employee. 2.2 Expenses: City recognizes that certain expenses of a non -personal and generallyjob- affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay reasonable expenses and the City Clerk, upon approval by the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 85 2.3 Taxes: All payments made to and on behalf of Employee under this contract are subject to withholding of any required federal, state or local income and employment taxes. 3 Term. 3.1 The term of this contract shall be for four (4) years commencing the date the City Council approves the contract. The City Council may extend or renew the contract as desired. 3.2 Nothing in this contract shall prevent, limit or otherwise interfere with the authority of the Mayor to terminate the services of Employee at any time, subject only to the provisions set forth in Section 7, Paragraphs 7.1 through 7.5, of this contract. 3.3 Nothing in this contract shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the position with City, subject only to the provision set forth in Section 7, Paragraphs 7.4 and 7.6 of this contract. 3.4 Employee agrees to remain in the exclusive employ of City and to not accept any other employment or to become employed by any other employer unless termination is affected as hereinafter provided. The term "employ and/or employed" shall not be construed to include occasional teaching, writing, consulting or military (Reserve, National Guard, or Auxiliary) service performed on Employee's time off. Provided that, with the prior written consent of the Mayor, Employee may continue outside professional employment (i.e. family business) which shall not in any way interfere with the performance of the city CAD's duties. 4 Suspension. The Mayor may suspend the Employee in accordance with the City's Personnel Policy Manual at anytime during the term of this contract. Notice of suspension shall be made by the Mayor, in writing, identifying the start and end dates of suspension and reason for suspension. 5 Benefits. The City shall provide Employee the following benefits: 5.1 The City shall provide Employee the same benefits provided its other non-union exempt employees under the City's Personnel Policy Manual, as amended, and as required by applicable state and federal law. 6 Representations and Warranties. Employee represents that he/she shall attain and maintain the standard of personal and professional conduct required by City; the resume and/or employment application furnished to City are true and accurate in all respects, are not misleading, and do not omit the provision of any material information; that the education and experience of Employee is as stated in the resume and/or application; that Employee is in good health; that Employee knows of no present condition which now or in the future may adversely affect his/her health or his/her ability to perform his/her job; and that Employee has fully disclosed to City all facts which are material to City's decision to employ the Employee. 2 86 7 Termination of Employment. 7.1 This contract and Employee's employment immediately terminate upon Employee's death or finding or determination of a disability that prevents the Employee from performing the essential duties and responsibilities of the City's CAO. 7.2 If the Mayor terminates Employee without cause and Employee is willing and able to perform his/her duties under this contract then City shall pay Employee a severance payment equivalent to four (4) calendar months of Employee's then current salary. Employee shall also be compensated for all accrued and remaining vacation leave, computed on an hourly basis determined by dividing the Employee's then current annual salary by 2080 hours, and in accordance with the City's Personnel Policy Manual. City shall comply with all IRS rules and regulations governing severance pay and tax withholding requirements. However, if Employee is terminated "for cause" or voluntarily resigns his/her employment the City has no obligation to pay the severance payment provided in this paragraph. Employee shall receive payment for any remaining vacation balance as described in this paragraph. For cause means any legitimate business reason, or as otherwise defined by Montana law. 7.3 During the effective date of this contract, if City involuntarily reduces Employee's salary or otherwise refuses to comply with any provision of this contract that benefits Employee, he/she, at his/her option, may elect to be considered terminated without cause entitling him/her to the severance payment provision contained in paragraph 7.2. 7.4 If Employee resigns following a formal suggestion by the Mayor that he/she resign for no cause, Employee, may at his/her option, elect to be considered terminated at the date of such suggestion entitling him/her to the severance payment provision contained in paragraph 7.2. 7.5 If City's Mayor terminates Employee without cause at anytime during the six (6) calendar months subsequent to the seating and swearing-in of a newly elected Mayor while Employee is willing and able to perform his duties under this contract, Employer shall pay the severance sum provided in paragraph 7.2 above. 7.6 If Employee voluntarily resigns his/her position with City he/she must provide the City with thirty (30) calendar days advance notice, unless the parties otherwise agree in writing. 7.7 If Employee's termination results from death or disability, City's final compensation to Employee is limited to payment for services rendered to date and payment for any accrued and remaining vacation leave in accordance with Section V of the City's Personnel Policy Manual 7.8 If Employee's termination results from cause, Employer's final compensation to Employee is limited to payment for services rendered to date in accordance with Section V of the City's Personnel Policy Manual, and payment for any accrued and remaining vacation leave calculated at the then current salary. 87 7.9 Conditioned upon the City fulfilling its obligations to pay the Severance Amount, the Severance Benefits and the Current Obligations, upon a Unilateral Severance, the CAO waives and releases the CAO's rights to continued employment with the City and the parties waive and release the right to a hearing on the issue of good cause. In the event of a Unilateral Severance, the parties agree not to make disparaging comments or statements about each other. 8 Confidentiality. Employee acknowledges that during his/her course of employment he/she might obtain and gather confidential information regarding the City's operations or employees. Employee further acknowledges that all confidential information is the City's property and in no event shall Employee disclose such information to any person or entity unless disclosure is requested by the City or required by law. 9 Performance Evaluation. The Mayor shall review and evaluate the performance of Employee at least once annually. The review and evaluation shall be in accordance with specific criteria developed jointly by the Mayor and Employee. Criteria may be added or deleted as the Mayor may from time to time determine necessary and proper, in consultation with the Employee. Each year, on a date agreed between the Employee and the Mayor, Employee shall provide the Mayor a self-evaluation based upon mutually agreed upon goals and performance objectives. The Mayor shall personally review the evaluation with the Employee and provide Employee an adequate opportunity to discuss the evaluation with the Mayor. 9.1 In the event the Mayor determines that the evaluation instrument, format and/or procedure are to be modified, and such modifications would require new or different performance expectations, then the Employee shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated. 9.2 Unless the Employee expressly requests otherwise in writing, except to the extent prohibited by or in material conflict with Applicable Laws and Authorities, the evaluation of the Employee shall at all times be conducted in a meeting with the Mayor and shall be considered private to the maximum and full extent permitted by law. Nothing herein shall prohibit the Mayor or the Employee from sharing the content of the Employee's evaluation with their respective legal counsel. 10 Professional Development. City shall budget and pay for the travel and subsistence expenses of Employee for short courses, instates, certifications, and seminars that are necessary for his/her professional development for the good of the City, if funding is available. The City desires Employee join and participate in local organizations including, but not limited to, the local Rotary Club, Laurel Chamber of Commerce, Montana League of Cities and Towns, Great Open Spaces City Management Association, and the International City/County Management Association. City shall pay Employee's membership dues and annual conference fees to encourage such membership and attendance. 4 88 11 Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under its Charter or any applicable law or ordinance. 12 OtherTerms and Conditions of Employment. The Mayor, in consultation with the Employee, shall fix other terms and conditions of employment, as they may determine necessary from time to time, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this contract, the City's Charter, Ordinances or any other applicable law. 13 indemnification. City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, costs and attorney's fees incurred in any legal proceedings, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties. City may compromise and settle any such claim or suit and will pay the amount of any settlement or judgment rendered thereon. The obligations of City under this section shall not apply if: 13.1 The conduct of Employee complained of constitutes oppression, fraud or malice, or for any reason does not arise out of the course and scope of Employee's employment; or, 13.2 The conduct of Employee complained of constitutes a criminal offense as defined under Montana law; or, 13.3 Employee compromised or settled the claim without the consent of City; or, 13.4 Employee fails or refuses to cooperate reasonably in the defense of the case. 14 Availability. Employee acknowledges that the CAO must be available by either cell or telephone after work hours in cases of emergency. Employee shall provide the Mayor and appropriate department heads his/her contact information for after hour emergency notifications. The City does not require the CAO to be on-call, simply available by telephone if an emergency should arise for purposes of notification. 15 Miscellaneous. This contract contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This contract may be changed only by an agreement in writing signed by the party against whom any waiver, change, amendment or modification is sought. This contract shall be construed and enforced in accordance with the City's Charter, Ordinances and applicable laws of the State of Montana. 16 Personal Contract. The obligations and duties of the Employee hereunder shall be personal and not assignable to any person or entity, although the contract is binding and shall inure to the benefit of Employee's heirs and executors at law. 17 Notices. Notices pursuant to this agreement shall be given in writing by deposit in the custody of the United States Postal Services, certified postage prepaid, addressed as follows: 5 89 If to CITY: Office of the Mayor, P.O. Box 10, Laurel, MT 59044; and s If to CAO: Matthew R. Lurker Sr., 4005 Pine Cove Rd., Billings, MT 59106 Notice shall be deemed delivered and received as of three business days after the date of deposit of such written notice in the course of transmission in the United States Postal Service. Either party may, from time to time by written notice to the other party, designate a different address for notice purposes. 18 Renegotiation. The Parties may commence negotiation of a subsequent employment contract six (6) months prior to the expiration of this employment contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. This contract is contingent upon its approval via Resolution of the City Council. EMPLOY Matthew R. Lurker Sr. CITY OF LAUREL / Tom C. Nelson, Mayor 90 91 92 93 94 95 96 97 98 99 100 Chief Administrative Officer Adopted 06/03/2008 – Resolution No. R08-58 City of Laurel Job Description Job Description Title: Chief Administrative Officer FLSA Status: Exempt / Non Union Accountable To: Mayor Position Status: Regular Full-Time Job Summary: As defined by the City of Laurel Charter, Article III, Section 3.10, the Chief Administrative Officer, directs and coordinates administration of the City government in accordance with policies promulgated and approved by the Mayor and City Council. The Chief Administrative Officer shall directly oversee the operations and provision of services to citizens within each department of the City. He/she shall regularly perform complex work requiring significant interpretive judgment in analyzing, recommending and implementing City policy concerning fiscal matters and personnel matters. The Chief Administrative Officer shall coordinate day-to-day operational matters of all departments through the respective Department Heads. He/she shall recommend alternative courses of action and policies to the Mayor and Council for their consideration and approval. Scope of Responsibility: This position reports directly to the Mayor. This position directly manages and supervises the City’s employees including, but not limited to, Department Heads of Public Works, Planning, Clerk/Treasurer, Police, Library, Fire, and Ambulance in accordance with policy. Essential Duties and Responsibilities: 1. Duties Specific to Administration 1.1. Confers with Department Heads in the proposed development and implementation of policies and programs. 1.2. Manages and supervises Department Heads by providing sufficient direction and guidance to Department Heads, including coaching, documentation, performance evaluation and/or assessment and discipline. 1.3. In association with Department Heads, manages and supervises all City employees including but not limited to development, coaching, performance evaluation and/or assessment and discipline. 1.4. Makes recommendations to the Mayor regarding the termination of City employees and Department Heads. 1.5. Facilitates the coordination and communication between departments and Department Heads. 1.6. Works with Department Heads to ensure department goals and operations are within the City’s overall mission and goals. 2. Duties Specifically Assigned by the Mayor 2.1. Directs and coordinates the administration of the City government in accordance with approved policy; keeps Mayor/Council informed of all pertinent information. 2.2. Assist Mayor in enforcing laws, ordinances, and resolutions as adopted by City. 2.3. Reports to the Mayor on the affairs and operations of the City government. 2.4. Reports to the Council as the Mayor requires. 2.5. Assist Mayor in Council meetings and take part in discussion. 2.6. Carry out all approved City policies. 2.7. Recommend measures and actions that are in the City’s best interest to the Mayor. 101 Chief Administrative Officer Adopted 06/03/2008 – Resolution No. R08-58 2.8. At the Mayor’s direction, reviews and negotiates the terms and conditions of contracts, bonds, notes and other obligations of the City. Recommends to the Mayor for his/her approval prior to the City Council's consideration of the same. 2.9. Oversees the preparation of the budget in consultation with the Clerk/Treasurer, other Department Heads, Mayor, and Council. 2.10. Under the Mayor’s direction, executes the budget adopted by the Council. 2.11. Perform duties required by law, charter, ordinance or resolution. 3. Performs other related duties as assigned by the Mayor. Minimum Qualifications:  Bachelor’s degree (B. A.) or equivalent in Public Administration, Business Administration, Business Management, Accounting or Finance; and/or four to ten years’ related experience in City, County or local government management, business and/or operational management in the private sector, financial management in the government or private sectors required; or a combination thereof.  Must possess a valid Montana Driver’s license.  Must be bondable. Personal Attributes/Skills Required or Preferred: Problem Solving - Identifies and resolves problems in a timely manner; Gathers and analyzes information skillfully; Develops alternative solutions; Works well in group problem-solving situations; Uses reason even when dealing with emotional topics. Ability to def ine problems, collect data, establish facts, and draw valid conclusions. Team Work - Balances team and individual responsibilities; Exhibits objectivity and openness to others' views; Gives and welcomes feedback; Contributes to building a positive team spirit; Puts success of team above own interests; Able to build morale and group commitments to goals and objectives; Supports everyone's efforts to succeed; Recognizes accomplishments of other team members. Leadership - Exhibits confidence in self and others; Inspires and motivates others to perform well; Effectively influences actions and opinions of others; Inspires respect and trust; Accepts feedback from others; Provides vision and inspiration to peers and subordinates; Gives appropriate recognition to others; Displays passion and optimism; Mobilizes others to fulfill the vision. Judgment - Displays willingness to make decisions; Exhibits sound and accurate judgment; Supports and explains reasoning for decisions; Includes appropriate people in decision-making process; Makes timely decisions. Planning/Organizing - Prioritizes and plans work activities; Uses time efficiently; Plans for additional resources; Sets goals and objectives; Organizes or schedules other people and their tasks; Develops realistic action plans. Interpersonal - Focuses on solving conflict, not blaming; Maintains confidentiality; Listens to others without interrupting; Keeps emotions under control; Remains open to others' ideas and tries new things. Oral Communication - Speaks clearly and persuasively in positive or negative situations; Listens and gets clarification; Responds well to questions; Demonstrates group presentation skills; Participates in meetings. Keeps the Mayor and City Council promptly informed of all matters of major importance and recommends actions with respect to such matters as may be required; Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business community. 102 Chief Administrative Officer Adopted 06/03/2008 – Resolution No. R08-58 Written Communication - Writes clearly and informatively; Edits work for spelling and grammar; Varies writing style to meet needs; Presents numerical data effectively; Able to read and interpret written information. Adaptability - Adapts to changes in the work environment; Manages competing demands; Changes approach or method to best fit the situation; Able to deal with frequent change, delays, or unexpected events. Dependability - Follows instructions, responds to management direction; Takes responsibility for own actions; Keeps commitments; Commits to long hours of work when necessary to reach goals; Completes tasks on time or notifies appropriate person with an alternate plan. Initiative - Volunteers readily; Undertakes self-development activities; Seeks increased responsibilities; Takes independent actions and calculated risks; Looks for and takes advantage of opportunities; Asks for and offers help when needed. Professionalism - Approaches others in a tactful manner; Reacts well under pressure; Treats others with respect and consideration regardless of their status or position; Accepts responsibility for own actions; Follows through on commitments. Deals with the public in a manner that effectively promotes the image of the City and handles complaints tactfully but thoroughly. Financial Analysis - Ability to read, analyze, and interpret financial reports, and legal documents. Physical Demands & Working Conditions: The position requires the ability to communicate orally and in writing. Duties require some limited physical movement of lifting up to 30 pounds (greater with assistance), bending, prolonged sitting, and stooping; work is performed in an office and is controllable; must be bondable; must possess a valid Montana Driver’s license. Work conditions require high attention to detail and frequent deadlines with frequent interruptions. 103 104 105