HomeMy WebLinkAboutCity Council Minutes 04.28.2020 (2)
REVISED - AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, APRIL 28, 2020
6:30 PM
CITY COUNCIL CHAMBERS
NEXT RES. NO.
R20-21
NEXT ORD. NO.
O20-02
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 time s 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 fro m 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 Coun cil. 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 agenda
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. Once again, each speaker is limited to three minutes.
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 4.28.2020
Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
2. Public Hearing - MEPA Exclusions
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 Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll
call under one motion.
3. Approval of Workshop Minutes of April 7, 2020.
Ceremonial Calendar
Reports of Boards and Commissions
4. Budget/Finance Committee Minutes of March 24, 2020
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 individu al speaking under Audience
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not
on the agenda.
Scheduled Matters
5. Appointment of Joshua McFarland to the Laurel Police Department.
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6. Resolution No. R20-21: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With The Billings Family YMCA For The Operation And Management Of The City
Of Laurel Municipal Pool.
7. Resolution No. R20-22: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract Between The City Of Laurel, State Of Montana, And Montana Rail Link Inc. For
Construction Work On A Railroad Crossing Located Within The City Of Laurel.
8. Resolution No. R20-23: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With Messy Jessie's Cleaning Service For Cleaning Services For City Hall.
9. Resolution No. R20-24: A Resolution Of The City Council Determining The City’s Proposed
Riverside Park Project Submitted To Montana’s Department Of Commerce Is Appropriately
Qualified As A Categorical Exclusion From The Montana Environmental Policy Act.
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 agend a.
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.
DATES TO REMEMBER
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Item Attachment Documents:
1. Approval of Minutes 4.28.2020
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Item Attachment Documents:
4. Budget/Finance Committee Minutes of March 24, 2020
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Minutes of City of Laurel
Budget/Finance Committee
Tuesday, March 24, 2020
Members Present: Emelie Eaton Richard Klose
Others Present: Mayor Nelson Bethany Langve
The Meeting was called to order by Chair Eaton at 5:36 pm.
Public Input: Citizens may address the committee regarding any item of business that is not on the
agenda. The duration for an individual speaking under Public Input is limited to three minutes. While
all comments are welcome, the committee will not take action on any item not on the agenda.
General Items
• Review and approve the minutes of the March 10, 2020 meeting. Richard Klose made a
motion to approve the minutes of the March 10, 2020 Budget and Finance Committee
meeting. Mayor Nelson seconded the motion to approve the March 10, 2020 Budget and
Finance Committee meeting minutes, all in favor, motion passed.
• Review and approve purchase requisition - None
• Review and recommend approval to Council Claims entered through 03/20/2020. Emelie
Eaton reviewed the Claims Detail report and the Check Register for accuracy. Emelie Eaton
made a motion to recommend approval to Council the claims entered through 03/20/2020,
Richard Klose seconded the motion, all in favor, motion passed.
• Review and approve Payroll Register for pay period ending 03/08/2020 totaling $197,988.08.
The two-page summary was reviewed, signed and dated. Richard Klose made a motion to
approve the payroll register for pay period ending 03/08/2020 totaling $197,988.08. Emelie
Eaton seconded the motion, all in favor, motion passed.
New Business
• The future Budget and Finance meetings will be either postponed or held via Zoom. If the
meetings are held in person, we will adhere to the 6ft social distancing rule. The meetings
will also be moved to 5pm on Tuesday temporarily. The Mayor spoke about the Financial
Continuity Plan that would be voted on at tonight’s Council Meeting. He stated that this plan
was to make sure that claims and payroll were taken care of. The Mayor briefly went
through the plan and ensured that Committee that all actions taken under the plan would be
retroactively approved by the Budget and Finance Committee once the Committee met again
in person. The Committee approved of the plan.
Old Business – None
Other Items
• Review the Comp/Overtime Report for pay period ending 03/08/2020. The reports were not
attached to the packet and the Clerk Treasurer requested that they be added to the next
Budget and Finance meeting. The Committee agreed to this request.
• The Clerk/Treasurer stated that the Fiscal Year 2019 audit completion had begun virtually.
The final components were the Ambulance Department balancing and the Fire District #7
revenue.
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• The Mayor stated that he had requested a proposal for updating the sound system in the
Council Chambers. He had received one proposal and briefly went over that proposal with
the Committee. He explained the microphones currently being used are designed for loud
sound for a stage and therefore they pick up every sound. He explained there are different
options for mics and he briefly went over those options.
Announcements –
• The next Budget and Finance Meeting will be held on Tuesday April 14, 2020 at 5:00pm
• Emelie Eaton will be reviewing claims for the next meeting
Respectfully submitted,
Bethany Langve
Clerk/Treasurer
NOTE: This meeting is open to the public. This meeting is for information and discussion of the
Council for the listed workshop agenda items.
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Item Attachment Documents:
5. Appointment of Joshua McFarland to the Laurel Police Department.
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March 24th, 2020
TO: Mayor Tom Nelson
Re: Conditional job offer / Patrolman
On January 17th, 2020 a vacancy was created at the Laurel Police Department with
the resignation of an Officer. On January the 21 st, 2020 I posted the vacant position
internally. I received no bids for the position. I sent invitations to apply for
individuals listed on the Montana Law Enforcement testing Consortium who had
expressed interest in working for the Laurel Police Department . I then advertised
the position to Montana law enforcement agencies, inviting P.O.S.T. certified
officers to apply. I received 14 completed applications.
On March 17th the Laurel Police Commission and members of the Laurel Police
Department conducted 11 interviews and Bpad exercises. Based upon the
cumulative interview and Bpad scores, Joshua McFarland distinguished himself as
an excellent candidate for the Laurel Police Department. Joshua has demonstrated
his commitment to service through his enlistment with the United States Marine
Corps, working in the health services field, and his employment as a Detention
Officer with the Yellowstone County Sheriffs Department since October of 2018.
It is my recommendation that Joshua McFarland be offered a conditional offer of
employment with the Laurel Police Department.
Chief Stanley J Langve
Laurel Montana Police Department
215 West 1st Street
Laurel, MT 59044
Office (406) 628-8737
215 W. 1st Street Laurel, Mt. 59044 ▪ Phone 406-628-8737 ▪ Fax 406-628-4641
Chief of Police Stanley J Langve
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Item Attachment Documents:
6. Resolution No. R20-21: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With The Billings Family YMCA For The Operation And Management Of The City
Of Laurel Municipal Pool.
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R20-21 YMCA Pool Operation and Management Contract
RESOLUTION NO. R20-21
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A CONTRACT WITH THE BILLINGS FAMILY YMCA FOR THE OPERATION
AND MANAGEMENT OF THE CITY OF LAUREL MUNICIPAL POOL.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Contract between the City of Laurel and the YMCA for the
operation and management of the Laurel City Pool, a copy attached hereto, is hereby approved.
Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given
authority to execute said contract on behalf of the City.
Introduced at a regular meeting of the City Council on April 28, 2020, by Council Member
________________.
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 28th day
of April 2020.
APPROVED by the Mayor this 28th day of April 2020.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
_______________________________
Sam Painter Civil City Attorney
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April 17, 2020
TO: City of Laurel
RE: Proposal for Operation and Management of City of Laurel Municipal Pool
The Billings Family YMCA is proposing to provide operational management for the City of Laurel’s municipal pool for the
2020 summer season, beginning June 1, 2020 and ending on August 14, 2020. The YMCA has the ability to offer a variety
of aquatic programming to the community of Laurel as well as provide the staff necessary to manage day to day
recreational swim opportunities.
YMCA Responsibilities:
The YMCA would develop, publish and implement a schedule of instructional opportunities, and recreational
swimming activities that will be available to the community of Laurel. The YMCA is proposing to keep separate
and remit all income from recreational, open, swimming to the City of Laurel at a daily rate established by the
city. The YMCA would agree to deliver all monies collected to an established drop box at the close of business
on a daily basis. The YMCA is also proposing to offer a variety of YMCA programming (see Appendix A) to the
community in which any fees collected through a standard reduced rate Off-Site Membership practice, would
remain with the YMCA. YMCA programming would be conducted either before or after the established open
recreational swimming times.
Open recreational times in general would be conducted, but not limited to, Monday through Friday, 12:00pm
to 5:00pm, Saturday and Sunday 1:00pm to 5:00pm. YMCA programming in general will be conducted, but
not limited to, before and/or after open recreational swim times. The YMCA reserves the right to conduct
programming during the open recreation times as bather load levels and traffic patterns permit.
The YMCA would use the pool during open recreational swim times for YMCA camp activities; however,
participants would pay the established daily entrance fee. The YMCA would also agree to schedule these kinds
of activities on a limited number of swimmers basis during lower load level and traffic patterns.
The YMCA would provide liability insurance of at least $2,000,000.00 per occurrence during the term of this
agreement. Such insurance would extend to both YMCA Officers and Directors and employees while they are
operating and managing the swimming pool. The YMCA would also name the City of Laurel as an Additional
Insured on said policy.
The YMCA would provide Workman’s Compensation Insurance for all employees involved in the operation of
the swimming pool in accordance with the laws of the State of Montana.
All personnel employed by the YMCA to supervise aquatic activities would have the following certifications:
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Lifeguards: Current YMCA lifeguard or American Red Cross Lifeguard and BLS (Basic Life
Support), First Aid, Oxygen administration, and AED Certified.
Instructors: Currently hold a minimum of one of the following: YMCA Swim Instructor,
Principles of YMCA Aquatic Leadership, American Red Cross Water Safety Instructor.
All personnel required for the operation of the swimming pool would be employed by the YMCA.
All YMCA personnel will adhere to established aquatic code of conduct, workplace activity requirements.
YMCA staff would be responsible for conducting and recording water chemistry readings at least 3 times per
day, or as necessary to comply with state regulation.
YMCA staff would be responsible for general janitorial maintenance of the deck areas and pool buildings, as
well as vacuuming the pool.
YMCA staff would make the decision to operate, or not operate, the swimming pool during periods of
inclement weather or during other conditions, which may present a hazard to the swimmers and/or
employees. If weather or other conditions dictate closure of the pool, the YMCA would re-open the pool if at
least 1 hour remains in the scheduled time.
The YMCA would establish policies regarding safety, security, employee and patron conduct on the premises
of the pool, including current YMCA swim testing and age requirement protocol.
City of Laurel Responsibilities:
The City of Laurel would be responsible for managing water chemistry, chemical additions to pool, mechanical
systems and maintenance of the swimming pool, structure and associated buildings and equipment.
The City of Laurel through the local law enforcement would be responsible for the security and protection of
the swimming pool, including YMCA employees and patrons.
The City of Laurel would provide all necessary maintenance, water chemistry and janitorial supplies as well as
provide a pool vacuum for Y staff use, for the operation of the pool.
The City of Laurel would provide and maintain necessary ADA Lift equipment.
The City of Laurel would provide wireless internet service to the pool building.
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Management
As compensation for managing and operating the swimming pool, the City would agree to pay the YMCA a
seasonal management fee for pool operations beginning June 1, 2020 through August 14, 2020. YMCA staff
would need access to the facility several days before and after these dates for preparation, cleaning and
equipment logistics. The YMCA proposes a total cost of $47,100 for the 2020 summer season. The City would
agree to remit 2 installments of $16,500 on or before the 1st day of July, the 1st day of August and $14,100 on
the 1st day of September. Under this proposal, the pool would be open to the community for recreational,
open swim, a maximum of 33 hours per week. The YMCA will offer aquatic programming including, but not
limited to, swim lessons and lap swimming depending on community interest, either before or after the
established recreational hours of 12 to 5pm Monday-Friday and 1-5pm Saturday and Sunday. The YMCA will
exclude the July 4th Holiday from operation.
The YMCA and the City of Laurel would agree to meet on a regular basis, at least monthly, and additionally as
the need arises, to discuss operational needs and patron feedback.
The YMCA Pool Manager, Aquatic Director, COO, CEO, in succession, will field patron feedback issues as
necessary for resolution. The YMCA and the City of Laurel would agree to communicate any feedback either
receives.
The YMCA’s area of responsibility would be limited to the fenced pool area. The scope of general liability
responsibility of the YMCA will begin when patrons enter the fenced pool area and ceases upon leaving the
fenced pool area.
COVID 19
It is understood with the onset of COVID 19 and the limitations it presents, that the YMCA will only expect to
operate the pool as allowed by government entities and would charge the City of Laurel on a prorated
weekly basis only, once open. It is also understood that the YMCA’s ability to hire and train qualified staff
may be affected by COVID 19 and may produce delays in opening the pool. The YMCA will work to the best
of its ability to staff the pool to the earliest convenience of both parties would charge the City of Laurel on
the same prorated basis. If the COVID 19 situation creates an impossibility for either party to perform under
this Agreement, the party shall notify the other party of such impossibility and the Agreement shall
immediately terminate. Both parties shall be released from any further duty or responsibility under the
Agreement.
Billings Family YMCA
______________________________________________________________________________________
Date__________________________________
City of Laurel
______________________________________________________________________________________
Date____________________________________
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Appendix A
Program Description
Swim Lessons
The YMCA Swim Lessons program helps participants develop a solid foundation of basic aquatic skills, helping them
develop a lifelong appreciation for aquatic activities, including swimming and introducing them to a variety of
aquatic sports, as well as water safety and lifeguarding.
The Swim Lessons Program begins at 3 years of age and is divided into several levels per age group:
Level 1. Water Acclamation
Level 2. Water Movement
Level 3. Water Stamina
Level 4. Stroke Introduction
Private lessons available
At each level, participants are involved in activities relating to six components:
1. Personal safety
2. Personal growth
3. Forward Motion
4. Water games and sports
5. Rescue
6. Core Values (Honesty, Caring, Respect, Responsibility)
Lap Swim
Lap swimming remains one the most beneficial fitness activities that can be enjoyed at any age, or as part of any
physical fitness routine.
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Appendix B
YMCA Pricing
The YMCA employs a pricing structure for programs that rewards membership to the YMCA by means of financial
savings. The YMCA has a scholarship process available to anyone so that no one is turned away due to inability to pay.
The YMCA has 3 categories of program registration based on membership type.
YMCA Member- Being a YMCA member offers many benefits for the entire family including access to
all the services and amenities at the YMCA facility in Billings. It also offers the most
economical pricing on all fee based programs. There are many non-fee based
services and activities that go with membership, including free child watch,
unlimited access to over100 group exercise classes per week, both land and
water, and access to open gym time and swimming activities.
Off-Site Member- Becoming a YMCA Off-Site member is an option for people who live outside the city
of Billings to realize a financial savings on various programming offered throughout
Yellowstone County. This type of membership does not allow access to the YMCA facility
in Billings. This type of membership requires an annual $55 fee, which then allows
registration for any YMCA programs under the Off-Site member category where
applicable.
Non-member - We encourage everyone, regardless of membership, to take advantage of the many
opportunities and activities available through YMCA programming.
Laurel Aquatics Program Pricing
Swim Lessons are 2 weeks per session, M-Th)
Member $52
Off-Site Member $64
Non-Member $104
Lap Swimming, available on daily fee, punch card basis.
YMCA programming is subject to minimum participation number system.
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Item Attachment Documents:
7. Resolution No. R20-22: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract Between The City Of Laurel, State Of Montana, And Montana Rail Link Inc. For
Construction Work On A Railroad Crossing Located Within The City Of Laurel.
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R20-22 City, State DOT, and Montana Rail Link Construction Contract
RESOLUTION NO. R20-22
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A CONTRACT BETWEEN THE CITY OF LAUREL, STATE OF MONTANA,
AND MONTANA RAIL LINK INC. FOR CONSTRUCTION WORK ON A RAILROAD
CROSSING LOCATED WITHIN THE CITY OF LAUREL.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Contract between the City of Laurel, State of Montana
Department of Transportation, and Montana Rail Link Inc. for work on the railroad crossing
described within the Contract. A copy of the Contract is attached hereto and is hereby approved.
Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given
authority to execute said contract on behalf of the City.
Introduced at a regular meeting of the City Council on ____________, by Council Member
________________.
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this ____day
of______________.
APPROVED by the Mayor this __ day of ______________, 2020.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
_______________________________
Sam Painter Civil City Attorney
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Item Attachment Documents:
8. Resolution No. R20-23: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With Messy Jessie's Cleaning Service For Cleaning Services For City Hall.
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R20-23 City Hall Cleaning Contract
RESOLUTION NO. R20-23
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A CONTRACT WITH MESSY JESSIE’S CLEANING SERVICE FOR CLEANING
SERVICES FOR
CITY HALL.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Contract between the City of Laurel and Messy Jessie’s
Cleaning Service for cleaning services for City Hall, a copy attached hereto, is hereby approved.
Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given
authority to execute said contract on behalf of the City.
Introduced at a regular meeting of the City Council on April 28, 2020 by Council Member
________________.
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, thi s 28th day
of April 2020.
APPROVED by the Mayor this 28th day of April 2020.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
_______________________________
Sam Painter Civil City Attorney
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Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 28th day of April 2020, 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 Messy Jessie’s Cleaning
Service, a contractor licensed to conduct business in the State of Montana, whose address is 1805
Sartorie road Billings Montana 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 attached hereto as Exhibit “A” and by this reference made part of this contract.
B. Effective Date and Term. This contract is effective upon the date of its execution by both Parties.
The term of the contract is six (6) months. The contract shall terminate at the end of the term. The
Parties may extend the contract by mutual agreement, through a signed writing
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the
specifications and requirements of this contract, applicable industry standards, and Exhibit “A.”
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor three hundred fifty dollars ($350.00) for the initial deep clean.
Thereafter, City shall pay Contractor two hundred fifty dollars ($250.00) per week not to exceed one
thousand dollars ($1,000.00) per month for the work pursuant to Exhibit A. Any alteration or deviation
from the described work that involves extra costs must be performed 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 payment, Contractor shall provide City
with an invoice for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon performance of the contract, inspection and acceptance of the work, City shall pay Contractor the
contract price, plus or minus any additions or deductions agreed upon between the parties in accordance
with Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose hereunder.
Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and
shall not be considered a City employee for workers’ compensation or any other purpose. Contractor
is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub -
contracts in any dealings between Contractor and any third parties. The City is interested solely in the
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Page 2 of 5
results of this contract. Contractor is solely responsible for all work and work product under this
contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct
the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall
maintain workers’ compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39-71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is
paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by
Contractor shall be usable and of suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. Contractor has examined the facilities and/or has made an examination/inspection. 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.
F. 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.
G. 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.
H. 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.
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. Contractor
shall maintain insurance as provided in Exhibit A.
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Page 3 of 5
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.
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.
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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.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 28th DAY OF APRIL 2020.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor Messy Jessie’s Cleaning Service
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
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EXHIBIT A
Description of Services for City Hall
1. Initial Cleaning. Complete deep clean from the ceilings (lights, fans, vents) down the walls
hitting light switches and windows/doors down to the baseboards/floors. Clean and dust
everything including pictures, shelves, computers, phones, chairs and anything else that you can
see or touch in each office or common area. I will not move, disturb or remove any papers or
files on each desk.
2. Routine Cleaning. After the initial cleaning, the building will be cleaned, with trashes
emptied and removed, three days per week: Sundays, Tuesdays, and Thursdays as follows:
Sunday: Clean, disinfect and dust all conference rooms and general public
common areas including deep clean for all bathrooms. (4 hours)
Tuesday and Thursday: Clean, disinfect and dust all offices and kitchen areas
including a light clean and disinfect for each bathroom. (3 hours per day)
3. Contractor Insurance and Bond: At all times, Contractor shall remain bonded and possess
general commercial liability insurance with at least a $1,000,000 limit.
4. Payment Provision: City shall pay Contractor $350 for the initial deep cleaning. Thereafter,
City shall pay Contractor $250 per week or $1000 per month, payable monthly.
CONTRACTOR
__________________________
Messy Jessie’s Cleaning Service
307-752-2624
josephjessica363@gmail.com
Employer Identification Number
___________________________________
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Item Attachment Documents:
9. Resolution No. R20-24: A Resolution Of The City Council Determining The City’s Proposed
Riverside Park Project Submitted To Montana’s Department Of Commerce Is Appropriately
Qualified As A Categorical Exclusion From The Montana Environmental Policy Act.
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R20-24 Resolution Affirming Riverside Park Project as a Categorical Exclusion to MEPA
RESOLUTION NO. R20-24
A RESOLUTION OF THE CITY COUNCIL DETERMINING THE CITY’S PROPOSED
RIVERSIDE PARK PROJECT SUBMITTED TO MONTANA’S DEPARTMENT OF
COMMERCE IS APPROPRIATELY QUALIFIED AS A CATEGORICAL EXCLUSION
FROM THE MONTANA ENVIRONMENTAL POLICY ACT.
WHEREAS, on February 25, 2020, the City Council authorized and approved the
submission of an application for financial assistance from the Historic Preservation Grant Program
administered through the Montana Department of Commerce for a project constituting the
rehabilitation and improvement of historic structures within the City’s Riverside Park;
WHEREAS, the City of Laurel submitted the application and supporting documentation to
the Historic Preservation Grant Program on February 28, 2020;
WHEREAS, as part of the application process, the City agreed to comply with all State
laws and regulations, and the requirements required by the Montana Historic Preservation Grant
Program Application Guidelines;
WHEREAS, a requirement of the Historic Preservation Grant Program is to supply either
an Environmental Assessment, Environmental Impact Statement (EIS), or official determination
finding the Project eligible for a categorical exclusion from the requirements of the Montana
Environmental Policy Act;
WHEREAS, the City Council conducted public meetings, publicly reviewed and discussed
the possible environmental impacts of the project, and sought public comments regarding the
potential impacts of the project;
WHEREAS, there was no substantive public comment received during the council
meetings;
WHEREAS, the City has determined that the rehabilitation of the historical buildings and
structures within the City’s Riverside Park will not significantly affect the quality of the human
environment; a significant public controversy does not exist over the project’s potential effect on
the quality of the human environment; and the project will not affect sensitive environmental or
cultural resource areas or endangered or threatened species and their critical habitats;
NOW THEREFORE BE IT RESOLVED, based on the findings included herein, the City
Council hereby finds that an Environmental Assessment and Environmental Impact Statement are
not necessary for the City’s Riverside Park Project; and
BE IT FURTHER RESOLVED, that the City Council for the City of Laurel, Montana, has
determined that it is appropriate for the City’s Project to be Categorically Excluded from the
Montana Environmental Policy Act.
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R20-24 Resolution Affirming Riverside Park Project as a Categorical Exclusion to MEPA
Introduced at a regular meeting of the City Council on April 28, 2020, by Council Member
_____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 28th day of April
2020.
APPROVED by the Mayor this 28th day of April 2020.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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