Loading...
HomeMy WebLinkAboutCity Council Packet 03.23.2021 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, MARCH 23, 2021 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R21-18 NEXT ORD. NO. O21-02 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 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. 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 of March 9, 2021. Correspondence 2. Laurel Chamber of Commerce Agenda for March 11, 2021; Laurel Chamber of Commerce Minutes of February 11, 2021. 3. Beartooth RC&D Correspondence Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action 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. 4. Claims entered through March 19, 2021. 5. Approval of Payroll Register for PPE 3/7/2021 totaling $196,720.40. Ceremonial Calendar Reports of Boards and Commissions 6. Budget/Finance Committee Minutes 2.23.2021. 7. Tree Board Minutes of February 18, 2021. 8. Public Works Committee Minutes of February 8, 2021. 9. Emergency Services Committee Minutes June 22, 2020. 10. Emergency Services Committee July 27, 2020. 1 11. Emergency Services Committee Minutes of August 24, 2020. 12. Emergency Services Committee Minutes September 28, 2020. 13. Emergency Services Committee Minutes October 26, 2020. 14. Emergency Services Committee Minutes of February 22, 2021. 15. Laurel Urban Renewal Agency Minutes of February 22, 2021. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 16. Resolution No. R21-18: A Resolution Of The City Council To Amend The Large Grant Request Program Budget Pursuant To The Recommendation Of The Laurel Urban Renewal Agency. 17. Resolution No. R21-19: A Resolution Of The City Council Authorizing The Mayor To Sign A Memorandum Of Understanding With The Laurel Lions Club And Laurel Community Foundation Accepting Donations For Improvements At The Laurel Lion’s Family Park. 18. Resolution No. R21-20: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Rocky Mountain Doors For The Purchase And Installation Of A Door For The City’s Water Plant. 19. Resolution No. R21-21: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With CIP Construction Technologies, Inc. For The Rehabilitation And Repair Of Certain Sewer Manholes For The City Of Laurel. 20. Resolution No. R21-22: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Laurel Power Systems For Purchase And Installation Of A New Aftercooler For The City’s Water Treatment Plant. 21. Ordinance No. O21-02: An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel Municipal Code Relating To The Adoption And Enforcement Of Building Codes For The City Of Laurel As Required By The State Of Montana. 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. DATES TO REMEMBER 2 File Attachments for Item: 1. Approval of Minutes of March 9, 2021. 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 File Attachments for Item: 2. Laurel Chamber of Commerce Agenda for March 11, 2021; Laurel Chamber of Commerce Minutes of February 11, 2021. 38 Agenda Laurel Chamber of Commerce March 11, 2021 Chamber/Zoom Moment of Silence Presentation of minutes: Guest Speaker – Financial Report - Yellowstone Checking - $ 81,441.83 Altana CD $ 8,689.46 Altana Saving $ 749.03 Christmas Repair Fund $ 2,937.59 TOTAL $ 93,817.91 Bills to be presented for payment outside the approved budget: -  Firefly Outdoor Movie- $2,400 OLD BUSINESS  Beautification Meeting- Update  Annual Meeting – Schedule a date? NEW BUSINESS –  New Members –  Dropped Membership-  4th of July o Parade Theme- Use theme voted for last year or pick a new one? List attached o Run Profit- Need ideas of what organization to donate run profit to this year? We will vote on this - -Beautification Committee, Lion’s Club, Garden Club, School Pantry  Summer Assistant- Claire Studiner will be the summer Assistant again, she will start on June 1st  Farmers Market- see attached  Movies Under the Stars- see attached -June 26th and July 31st. Need pick movies o Wizard of OZ o Toy Story o Adams Family o Scoob o  Senior Class- Upcoming Dates:  4th of July Committee Meeting- April 1st @ 12pm Open Forum Business After Hours – If you would like to host an event, please contact the Chamber. Next Meeting – March 11, 2021 Chamber/Zoom 39 Laurel Chamber of Commerce Board Meeting Minutes The Meeting was held on February 11, 2021, KC’s Palace & Zoom. In attendance were: Executive Board Members: President- Beth Hoferer, VP- Becky Watson, Treasurer- Dallas Contreraz, Executive secretary- Cami Nelson. Directors: Karen Black, Patsy Woody, and Evan Bruce. Member Jayson Nicholson Beth called the meeting to order. The minutes were approved. Moved to approve- Evan, Karen 2nd-approved The financial report was approved and bills were presented for payment. Bills to be presented for payment outside of budget:  4th of July Run timers- $400 deposit. Evan motioned to pay the deposit, Patsy 2nd- approved OLD BUSINESS  Budget- 2021 Budget was presented for approval. Karen motioned to approved the 2021 budget, Evan 2nd- approved  Beautification Meeting- tabled for next meeting since waiting Insurance quote  Annual Meeting – It was discussed to schedule the Annual Meeting the end of April or beginning of May. Cami will contact the Millers Horse Palace to see what dates work best, cost and other details. NEW BUSINESS –  New Members –  Dropped Membership- Cono-Mart  Scholarship- $500 scholarship (Laurel Community Foundation managing)- email vote on 2/2, was approved  4th of July o Parade Theme- Use theme voted for last year or pick a new one? List attached. Ideas suggested – Essential workers, o Run Profit- Need ideas of what organization to donate run profit to this year? We will vote on this next meeting Ideas- Beautification Committee, Lion’s Club, Garden Club, School Pantry o Grand Marshall- We discussed having Bill Lackman (voted by community for parade 2020)  Summer Assistant- We will start advertising for this position in March. Will be June 1st- Aug 31st. Will ask Claire about doing again  Office Closed- Office will be closed Monday April 5 Upcoming Dates:  Farmer’s Market Meeting- February 18th @ 12:30pm  Movies in the Park Meeting- February 18th @ 12:00pm Open Forum Business After Hours – If you would like to host an event, please contact the Chamber. Next Meeting – March 11, 2021 Chamber/Zoom 40 Agenda Laurel Downtown Farmers Market Committee February 16, 2021 Chamber o When to hold it?  Every Saturday  July 10th - September 11th o What time? 8:00 am – 12:00 pm (set up at 7:00am) o Where? o Close 1st St and 2nd Ave to make an L again, along with the parking lot, put food vendors on 2nd Ave o Request more barricades to better block the streets and possibly use caution tape to block cars from driving through o Cost for Vendors? o $25.00/Saturday, o $100.00 for Food Trucks o Budget? o Banner -$100 (leave space to change date every year) o Facebook Ads- o Reusable No Parking Signs- ($18-$20 each) o Caution Tape- o Porta Potties and Hand washing station - $130/time o PA system to play music and make announcements- -$60 o Other  Have weekly drawings –draw live on Facebook  Make a-frame signs out of pallets  Set up a Google business page for the Farmers Market  Event Ideas o Have a Car Show the first weekend to draw in people  Charge for Car Show to offer prize?  Safety day  Petting zoo 41 Agenda Movies Committee February 18, 2021 Chamber o When to hold it?  June 26th and July 31st o Where? o Practice field next to Graff o Cost for Vendors? o $100.00 for Food Trucks (limit of 4 food trucks) o Cost for Sponsorship  $200( would need 12 sponsors to cover the cost of the movies) o Budget? o Cost of Movie ($1,200 a movie last year) o Banners( 1 for each movie with sponsors) $100 each banner o Facebook Ads- o Porta Potties ($265 a movie last year) o Other- o Other  Activities going on before the Movie  Ask groups to provide carnival games  Send flyers home with 406Kids and Sunshine Academy  Flyers in stores  Coupons for 1 free cotton candy?  Facebook contest o Other Event Ideas    42 PARADE THEMES Old 4th Themes 2019- The Parade of Stars 2018-It’s a Grand Old Flag 2017- Ignite the Spirit of America 2016- Hometown Hero’s 2015- Celebrating Laurel’s Youth- The future of America 2014- Volunteers- Getting It Done 2013- Let Freedom Ring 2012- Spirit of Laurel 2011-Party in the USA Ideas for 2021 Happy Birthday America Red White and Blue Bash Proud to be an American- Voted for 2021(No Parade) Stars & Stripes Forever Patriotism- Alive and Well in Laurel America the Beautiful 43 File Attachments for Item: 3. Beartooth RC&D Correspondence 44 Beartooth RC&D Area, Inc. Board of Director’s Meeting Agenda March 18th 2021 1:00 P.M. – Zoom Meeting Join Zoom Meeting: https://us02web.zoom.us/j/6579752514?pwd=cDFjOHVTb0NqQVF1aUJCbHlqdmtCZz09 Meeting ID: 657 975 2514 / Passcode: BRCD 1:00 pm 2:30 PM Meeting Called to Order Pledge of Allegiance, Introduction of Members and Guests Review January Board Minutes Congressional Updates Maddie Alpert (Sen. Tester) Tory Kolkhorst (Sen. Daines) Vacant (Rep. Rosendale) Treasurer/Financial Reports 1. Treasurer Update 2. RC&D Financials 3. RLF Financials 4. De Federalization of RLF Funds New Board Members Executive Committee 1. Executive Committee Activity Report 2. Board Training https://nextmoveondemand.com/ed-101-training- for-newly-elected-officials-board-members/?purchased=true SSimonsonNMG2021 CEDS Staff Reports – Program/Project updates 1. Food/Ag Program – Joel Bertolino 2. Revolving Loan Fund – Jillann Knutson 3. Economic Development/ CRDC – Steve Simonson 4. Operations Support- Myrna Lastusky Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting May 20th, 2021 - Columbus or Potential Zoom Adjourn Chair Chair, All Chair, All Knutson Knutson Knutson Knutson Van Ballegooyen Van Ballegooyen Van Ballegooyen Simonson Bertolino Knutson Simonson Lastusky Roe et al Action Information Information Action Action Action Action Information Information Information Information Information Information Information Information Information 45 Page 2 Regional Roundup Our goals for the Roundup are to find out what’s happening in the area, keep the conversations focused, inform the others attending the meeting, and to tie it all back to and reinforce the importance of the CEDS. Please help us identify the projects in their area that fit into our CEDS categories: • Infrastructure ▪ Housing ▪ Transportation ▪ Broadband • Economy ▪ Upturns or downturns in industry sectors ▪ New business openings (or closures) • Communication ▪ Marketing and outreach • Services ▪ Health care • Natural Resources ▪ Agriculture ▪ Energy • Human Capital ▪ Workforce ▪ Education NOTES: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 46 Page 3 Beartooth RC&D Area, Inc. Board of Director’s Meeting MINUTES January 21, 2021 Agenda 1:00 pm 2:30 PM Meeting Called to Order Pledge of Allegiance, Introduction of Members and Guests Review November Board Minutes Congressional Updates Molly Bell (Sen. Tester) Dan Stusek (Sen. Daines) Casey Collins (Rep. Gianforte) Treasurer/Financial Reports 5. Treasurer Update 6. RC&D Financials 7. RLF Financials 8. Audit New Board Members Executive Committee 3. Executive Committee Activity Report 4. Staff Compensation 5. Executive Committee Nomination CEDS Staff Reports – Program/Project updates 5. Food/Ag Program – Joel Bertolino 6. Revolving Loan Fund – Jillann Knutson 7. Economic Development/ CRDC – Steve Simonson 8. Operations Support- Myrna Lastusky Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting March 18th, 2021 - Potential Zoom Adjourn Chair Chair, All Chair, All Knutson Knutson Knutson Van Ballegooyen Van Ballegooyen Simonson Bertolino Knutson Simonson Carter et al Action Information Information Action Action Action Information Action Action Information Information Information Information Information Information 47 Page 4 ATTENDANCE Joel Bertolino, BRCD Director Jillann Knutson, BRCD Finance Director Steve Simonson, BRCD Economic Director Myrna Lastusky, BRCD Administrative Assistant Ryan Van Ballegooyen, Billings Job Service Marvin Carter, City of Laurel Jeff McDowell, Two Rivers Authority Emily Ringer, Town of Joliet Bill Foisy, City of Red Lodge Steve Riveland, Stillwater County Commissioner Scott Miller, Carbon County Commissioner Melanie Roe, Sweet Grass County Commissioner Lorene Hintz, Big Sky EDA / SBDC Randy Weimer, Stillwater-Sibanye Mine Barb Wagner, Yellowstone Conservation District Tory Kolkhorst, Sen. Daines office Maddie Alpert, Sen. Tester’s office Stephanie Ray, Stillwater County Economic Development Office Holly Higgins, First Interstate Bank of Hardin Patty Sundberg, City of Columbus Heidi Sparks, Laurel City Area Dan Lowe, Big Horn Conservation District Charli Smith, Sweet Grass County Economic Development Director (Guest) Not present: Sidney Fitzpatrick, Big Horn County Commissioners Don Jones, Yellowstone County Commissioners Clinton Giesick, Carbon Conservation District Bob VanOosten, Stillwater Conservation District Chris Mehus, Sweet Grass Conservation District Page Dringman, City of Big Timber Frank Ewalt, City of Billings Clayton Greer, City of Hardin Marissa Hauge, Montana Family Pharmacies Gov. Gianforte’s Office (Casey Collins?) Liz Ching, MT Dept of Labor & Industries Meeting Called to Order Pledge of Allegiance 48 Page 5 Introduction of Members and Guests Review of November Board Minutes • Jeff McDowell moved to approve minutes. Melanie Roe seconded. Motion carried. Congressional Updates Maddie Alpert (Sen. Tester’s Office) • PPP Loans opened last week. • Cheryl Ulmer is available to answer questions about federal assistance for businesses. (Contact info at end of Minutes). • Contact me at Maddie_alpert@tester.senate.gov. • New president puts us in a different position to ask for more things. He’s talking about another relief package coming. Maddie is happy to chat if anyone has questions, too. Tory Kolkhorst (Sen. Daines’ Office) • Based in Billings office – also helps Carbon and Stillwater. • First time on call – will listen in and pass anything on to Sen. Daines. • Ryan explained that we ask a lot of questions, discuss the latest projects happening in our region, etc. • Feel free to contact Tory if anyone has questions: tory_kolkhorst@daines.senate.gov or 245- 6822. Treasurer/Financial Reports 1. Treasurer Update: Jillann briefly went over her report: a. Were able to pay off vehicle at end of year. 77,000 miles on it now. Hoping it will last for several more years. b. RLF Client: Commercial building going up. Bank will handle it until building is up, then we will take $200K when bank gets ready to do financing. c. Wildflower Gardens gave us a payment in full last week - $178,000 payout on a $120,000 loan – the difference includes about $22,000 in legal fees and the rest is interest. d. Bill Foisy: What is the non-budgeted cash flow (pg. 13)? – Jillann said it would be the EDA Cares Grant that Steve received – he will update on where that funding went. i. Steve: Admin funds to support Myrna’s position, plus the $400,000 was split between Big Sky EDA’s recovery efforts & Deb Brown/SaveYour.Town, the consultant working with our region. e. Ryan: Getting that RLF money back from Wildflower Gardens is a big deal because we can now loan it back out & help other clients. f. Jillann: Had Myrna help draft a letter to banks and will be sending it out soon. This time of year Jillann gets bombarded with requests, people wanting to start a business, change businesses, etc. This will be a mass mailing to commercial lenders to remind them that we have money available to help. Jillann is getting a lot of poor requests right now . . . 49 Page 6 g. Ryan: When we can’t help people, we try to refer them and give them other suggestions. Maybe they will come back to us at some point. h. Jillann: We can’t give loans to people with very low credit. i. Lorene: We help with business planning, also, so feel free to send businesses to us so you can concentrate on loan applications. 2. RC&D Financials a. Joel emailed everyone our 2019 Audit. Lot of issues getting it done, mostly due to COVID problems (including the auditors getting COVID!). b. Some people have had trouble opening the report, so if you have trouble, let Jillann know. She can mail the physical copy if necessary. c. Jillann was pleased with how the audit ended. A few things needed to be changed – the auditors always have a few suggestions. The Wildflower Gardens issue fixed itself. It all turned out pretty well. d. Auditors are already asking Jillann for info on 2020 Audit. e. If you have questions on it, just call Jillann and she will walk you through it. 3. RLF Financials a. Motion to approve RC&D Financials and Audit (included in the motion). Jeff McDowell moved, Bill Foisy seconded. Motion carried. 4. Budget: a. No changes from Draft Budget to Final Budget except for one: Stillwater County is giving us some money to help administer the grant program they are doing right now (small biz in Stillwater County). Giving BRCD $1500 to help administer & get checks out. Otherwise, the Budget is the same as in the November meeting. Just need approval on pg. 15. i. Jeff McDowell motioned, Scott Miller seconded. Motion carried. New Board Members 1. Scott Miller is new Carbon County Commissioner. 2. Steve Riveland from Stillwater is replacing Tyrel Hamilton 3. Heidi Sparks is taking over the open Laurel Area seat. a. Joel and Ryan welcomed our new members. 4. Ryan asked for a motion to approve the three new members. Typically approve the appointed commissioner out of each county. The Laurel Area seat was a special appointment for Ken Gomer, and we need to approve for Heidi Sparks to maintain that position. a. All in favor of approving the board members? Motion carried. 5. Ryan: We appreciate you all being Board members. Everyone has different perspectives and different experience and a different way of getting us connected to the different areas we all live in. Executive Committee 1. Executive Committee Activity Report a. Ryan said the last meeting centered on what would be on the January Board agenda, whether or not we can have an in-person meeting (hopefully soon), the budget, staff compensation, and election results – new county representatives, etc. b. Also heard staff updates. Executive Committee members often have to approve expenditure of funds and other behind-the-scenes issues. 2. Staff Compensation 50 Page 7 a. Included in this year’s budget. b. 3% staff raises. c. Cell phone stipend went from $25 to $70. Many years since we raised this. d. Keeping up with health insurance inflation. Went from $450 to $600/month. Again, many years since we raised this. e. As a package, we did pretty well on the budget. f. We take a good look at the full picture every 3 years to compare compensation vs. the market. g. Action for Full Board – motion to approve? i. Jeff McDowell motioned, Randy Weimer & Scott Miller seconded. No other discussion. Motion carried. 3. Executive Committee Nomination a. Ryan Van Ballegooyen is willing to stay in Chair position. b. Melanie Roe has said she will be Vice-Chair c. Marissa Hauge remains as Treasurer. d. Jeff McDowell will stay on as Alternate. e. Marvin Carter is stepping out of formal Executive Committee member, but will continue as a special advisor to the Council with a great historical perspective. Thank you, Marvin, for all of your service! f. Anyone else want to volunteer? We meet every other month with the meeting time subject to change if necessary. g. Nominations approved? – Jeff McDowell motioned, Randy Weimer / Scott Miller seconded. Motion carried. h. Ryan thanked everyone for the extra time they give. Congrats to Melanie Roe, our new member. CEDS – Steve Simonson 1. CEDS annual update is in your packet. Any additions or corrections? Please let me know by the end of the month. 2. Bill Foisy said he tried to find something to add, but it was extremely well done. He couldn’t find anything to add! 3. Ryan: The CEDS document is our Comprehensive Economic Development Strategy. When we are going for grants or assisting another organization applying for a grant, we look to that document to support our grant applications (and others’ grant apps). It will support many other organizations to get grants, too. It’s not just BRCD’s document; it’s a good tool for many other organizations to use. 4. Steve Simonson: Yes, good point. Please help us to capture any projects that are on your radar and will help your own planning. 5. Bill Foisy: Red Lodge just updated their Growth Policy. I’ll let you know if there is anything to add in that respect. 6. Jeff McDowell: Hardin City Planning Board is updating its Growth Policy at February meeting. 7. Ryan: Good to make sure we’re all on the same – or similar – page. Staff Reports – Program/Project updates 1. Food/Ag Program – Joel Bertolino 51 Page 8 a. Report starts on pg. 16. General rundown of Food & Ag activities. Monthly calls with Dept of Ag to stay up on their activities. b. Last GTA grant application just closed. Ongoing until they do presentations on projects in Feb. Record number of applicants, very competitive cycle, many needs. Hopefully some will be ongoing projects we will help with while others may have just been interested in funding this round. About 14-15 we had contact with, about 5 got the application completed. There were a few who had great projects but just couldn’t get them across the finish line this round. Joel has received another 6 or 7 after the New Year – since doing this report. I wish we had another round of funding to help those clients, but we are looking at other sources of funding for those people, including Rural Developments, Value-added producer grants, etc. c. Ongoing projects on pg. 18 – we’ve been involved in some for quite a while. i. Pryor Mountain Wind Farm has all towers up, but haven’t completed final phase. ii. 406 Bovine is going great. Hopefully we can share more at some point if he gets to commercialization. iii. Stillwater Packing, Emmett’s Meats, Pioneer Meats – got money from MT Meat Processors Grant iv. Miller Custom Processing in Roberts – his GTA grant was screened out. He is almost finished with his expansion project. v. Controlled Environments Construction – in good hands with Big Sky EDA. Looking for a site for their mid-sized meat processing project. vi. Yellowstone Ag Sustainability Project / RCCP – Coming to a close. Report showed overall impacts of that projects. Money that went to Sugar Beet producers helped them to improve irrigation and accept better management processes. This project is on our website, so others can check it out there. Started in 2016, so it’s been a good project. vii. Becky’s Berries – Ag Adaptability Grant. Back to work with some new equipment, but she’s waiting on a new air system. We still hope to take a tour of that down the road. viii. Any questions on anything, just give me a call. d. Ryan: For new people, you will realize soon how many businesses who have a positive impact to the economy – BRCD had a hand in so very many. If you wonder what good it is to be on this Board or why your county/city are paying fees, let them know that they get a lot back from our work. Congressional representatives, if they ever want to cut our funding, please fight for us because a lot of good things are happening. Even some negative things on the national side – like meat packer issues – has been a positive in Montana in terms of putting some money back into our state economy and having locally sourced meat. 2. Revolving Loan Fund – Jillann Knutson a. See previous notes. b. Jillann is very impressed with our current loans and willingness to keep making payments. We’ve only lost one business – not really a loss because they moved out of a building and moved it back home. They may go back to a storefront when things improve. Clients are often high-risk to start with, but they’ve all weathered the storm very well. 3. Economic Development/ CRDC – Steve Simonson a. One point on RLF. Steve is on statewide calls every Friday. All the regions are struggling with their RLFs, so kudos to Jillann and RLF committee for keeping our clients going. Keeping people in business this past year is a great success. 52 Page 9 b. Another round of PPP/ EIDL / SBA Funding – we’re happy to help. They should go through a lender of choice. c. County projects – thanks to Jeff and Holly Higgins for help on Big Horn County Affordable Housing work. We’ve brought in the medical corridor and developers and others to help Big Horn County build housing and retain workers. This will help Big Horn County to recapture some of the dollars that are leaking out of their economy. There are 22 subcontractors. i. Also one of our focus areas for CARES Act funding. Contracted with Cushing Terrell to do a 5-county housing study. We’ll have a “how can we help” plan for each county and what their needs might be. d. Targeted Industry Study – taking restaurant, hotel, service piece and finding ways to help market and rebuild those businesses. Have to get through pandemic, get people masked and vaccinated. e. Also working with Yellowstone and Carbon Counties on recovery efforts. f. Pryor Mountain Wind Farm – let Scott Miller talk about that. g. Detention Center – curveball from MDU Resources. Want $4 million to run natural gas pipeline under highway. Involved Dept of Commerce in this discussion. The Detention Center impacts several counties, and it will be full if it gets built. Bond approval pending to go to voters – tentatively in August now. Steve said we’ve found some 1% Board of Investment money that might be a better option. Stay tuned on this project. h. Enjoyed the Sibanye-Stillwater Mine presentation, the Good Neighbor Agreement, so much good work going on there. Very impressive, Randy! i. Steve asked Charli to discuss work with Deb Brown and SaveYour.Town – but then we forgot to come back to her. j. Working with Laurel on west interchange project. k. Regional projects – electric vehicle refueling stations in Big Timber, Hardin and Billings. Apps due on Jan. 25, so in the beginning phases. l. Bozeman Trail project with Deb Brown and Myrna. This project would touch all 5 counties in our region. Meeting on Feb. 19th with Mike Penfold. m. Starlink system we installed at the office is 5x faster than regular internet service. There are great rural opportunities for remote places who don’t have good internet speeds. The pandemic has helped push some of these things forward. For example, telemedicine isn’t helpful if people don’t have broadband to gain access. Precision Agriculture is another area that needs good broadband. n. Any questions?? i. Jeff McD: Monthly fee with Starlink? $99/month with virtually no data cap. ii. Ryan: For our legislative people, if you’re wondering what to take back to legislators . . . we’d love more GTA money since there are record numbers of applications. Starlink is a great option to get fast, reliable internet to our rural people – a very Montana solution. If there is a federal opportunity to support something like that, please support it. o. Jillann: PPP loans are LOANS until you fill out the paperwork, and that paperwork is coming due soon (depending if you did the 12-week or 24-week). If they don’t get it in, they will owe that money. 4. Operations Support- Myrna Lastusky a. Mostly helping the directors with their various projects. Doing proofreading and editing, updating website, helping with Bozeman Trail project. 53 Page 10 Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. 1. Dan Lowe: Not much to contribute today. I sit in awe with all the comments and activities BRCD is involved in throughout the region. It’s a special experience to be part of it. 2. Heidi Sparks: Growth policies . . . Laurel passed our Growth Management policy recently, so Laurel has an updated policy. Lots of public works projects going on in 2021. Marvin mentioned that the Refinery is bringing in another 500 employees. Heidi said that turn-around starts in April. 3. Bill Foisy: Infrastructure/housing – Habitat is on house number 8 at the Spires. Put up pic of new owner, houses being built, etc. a. Economy – resort tax for the quarter ending December (pro-rated since it increased from 3% to 4%) is higher than the same quarter in 2019. Amazing with the pandemic! b. Many remodels, no major closures: i. Marley’s at the Pollard (restaurant & bar) was remodeled by Tom Kuntz and is open for business. ii. Cattail Bakery is remodeled and open. iii. CART (Carbon Area Rural Transit): Anyone in 310/212 corridor in Carbon County can call a day in advance and they will take you to doctor free of charge. c. Melanie Roe: Mic wasn’t working, but she wrote this in the Chat: Successful Winter Farmers Market. New enterprise starting in March called Farm to Family or something similar - delivering fresh product and produce to homes. Weekly rodeo is planning on continuing this summer. Pioneer Meats is progressing. Brewery is trying to do some events - music etc. West end Town Pump has been remodeled and is scheduled to open mid-March. Still discussing housing and what the city/county role might look like. d. Randy Weimer: Mic not working. e. Scott Miller: i. Update on the windmill farm from Steve. Turbines at Pryor Wind Farm – some of the landowners are Scott’s relations. About 40 people still working out there getting them up and running (commissioning – not sure what this means yet . . . will get clarity on the exact meaning of what that means – see below for Jillann’s clarification). Getting pushed back with high winds and COVID-19, so not sure of actual completion date. Bob from PacifiCorp is Project Development Director, and he gave Scott the update. 20 years will come quickly, so I want to know what will happen to the turbines in 20 years when they get torn down, etc. This is one of Scott’s goals. ii. For Detention Center, we are going to Musselshell County to get MOUs for bed rental, as well as from the U.S. Marshalls. That would help us with the bond. Trying to build a facility here that will take our county into the future and help the businesses/economy here. Will bring 25-30 jobs. Hoping to open doors in 2023 if it passes in August (most likely month for vote). Meeting every Wednesday at 6 pm, so anyone is welcome to come to those meetings. iii. Starlink – hear from a lot of people that we don’t have the internet, so this is on our radar and a big deal for Carbon County and Montana. iv. Health Board in Carbon County – opened up Carbon County and are at capacity and maxed out. No restrictions or closing times. Only thing we’ve kept is the mask mandate on indoors. If the Governor lifts the mask mandate, Carbon County will immediately do that, also – Board of Health voted on, Dr. George & Board of Health voted on and approved this. Did 200 shots at Civic Center. Hoping to have 150 shots 54 Page 11 coming weekly. Get more COVID stuff taken care of and it will open a lot more businesses for Carbon County. v. Bridger Senior Center – long-standing infrastructure/foundation issues. Coal Board grant of $57,000 with help from Steve Simonson. Talked to engineer and waiting on bids. Hope to have the project done by the spring/summer. The seniors were tickled to be back together for a meeting, so we’re excited to get their Center fixed so they can be back together again. Comm. Blain is working on shots for Bridger District for people who can’t get up to Red Lodge. Thanks to Steve for all his help. vi. Jillann: Clarification on commissioning of Pryor Wind Farm . . . Knutsons still have 4 Wind Farm workers living at house. They can’t fire up the wind farm until ALL 114 turbines are ready to be fired up. 44 of the 114 are commissioned (ready to fire up). They shut down the site if it goes above 22.5 mph, which is most of the days in winter, so they are shooting for completion around May. vii. Scott: If the turbines are twisting, it doesn’t mean they’re up and running. viii. Jillann: They can turn them to test them, but the wind farm can’t work until ALL turbines are ready to go/commissioned. f. Jeff McDowell: Hardin is getting a Shipton’s Big R store in the old Shopko Hometown store, but they are losing one of their hardware stores (old Marshall Wells store). Empty buildings downtown. Most of the 300-block of Center Avenue on the east side is going to be vacant or semi-vacant. One business owner died and Jeff has no idea of prospects moving forward. It’s kind of grim in downtown Hardin at the moment. g. Patty Sundberg: Keeping busy mostly. City Council is doing their thing, people are working. As far as COVID, people are doing whatever County Health tells us. Ace Hardware sold – new owners and managers are starting to figure it out. Rumor of lumber yard moving and becoming a Lumber yard / hardware / feed store this spring. Ryan Van Ballegooyen wrapped it up and encouraged new Board members to call if they have any questions. He will reach out to Marissa Hauge and Melanie Roe to schedule the next Executive Committee meeting. Meeting adjourned at 2:20 pm. Other Notes from the Chat:Lorene Hintz: Any of you have anyone that needs help with a business plan and projections, please feel free to send them to the SBDC: https://mtsbdc.ecenterdirect.com Lorene Hintz: PTAC Trainings www.montanaptac.org Lorene Hintz: SBDC Trainings https://mtsbdc.ecenterdirect.com/events?reset=1 Maddie Alpert: Cheryl Ulmer is going to be your best bet to get answers on to questions about federal assistance for businesses and can be reached at Cheryl_Ulmer@tester.senate.gov but either of us are available to answer questions and hear your concerns. Holly Higgins: First Interstate Bank has opened their new branch building in Hardin. We are committed to Hardin. The branch lobby is still closed, but drive-up is in full operation. Next Beartooth RC&D Area, Inc. Board of Directors Meeting March 18th, 2021 - Potential Zoom 55 Page 12 Beartooth Books- Reporting Ending December 2020 Budgeted Actual % of budgeted Income AG-FOOD AND AG CENTER 85,007 83,070 98% AG-MCDC 1,000 270 27% BOARD - EDA SPONSOR DUES 51,072 49,812 98% BOARD-INTEREST INCOME 400 204 51% BOARD-FOUNDATION MONEY 3,700 3,390 92% RLF-STAFF REIMBURSE 18,000 0 0% RLF-ORIG FEES 5,000 0 0% CRDC 71,907 69,751 97% FUELS-TOTAL - 1,875 #DIV/0! EDA - GRANT 70,000 70,000 100% NOT BUDGED INCOME - 104,807 0% TOTAL INCOME 306,086 383,179 125% Expense TOTAL STAFF EXPENSE 233,104 214,386 92% COMMUNICATIONS 6,000 6,711 112% EQUIPMENT & VEHICLE 8,520 9,937 117% CONTRACTUAL 20,000 106,640 533% SUPPLIES 12,900 19,335 150% TRAVEL 11,080 2,001 18% OTHER 10,420 15,912 153% RESERVE #DIV/0! EXPENSE TOTAL 302,024 374,921 124% Account Balances Bank of Joliet-Building Account $4,473.00 Bank of Joliet- Savings Account $75,365.55 Bank of Joliet- Checking Account $94,213.62 56 Page 13 Revolving Loan Fund Books- December 2020 Loan Client Review County # of loans $ Loaned out Big Horn 2 $172,709 Stillwater 3 $429,198 Yellowstone 8 $392,146 Carbon 4 $144,281 Sweet Grass 2 $178,645 • A $200K loan was approved for Yellowstone County. This will not be funded until spring. • I have 7 applications in various forms that will hopefully head to the RLF meeting. Bank Balances as of December 31, 2020 Total available for lending Bank of Joliet- EDA $36,912 36,912 Bank of Joliet-CDBG $197,463 197,463 Bank of Joliet- IRP $361,024 113,018 Bank of Joliet-Fromberg $29,811 29,811 $377,204 57 Page 14 **DRAFT****2021 Beartooth Resource Conservation and Development Budget Income ITEM Income AG-FOOD AND AG CENTER 85,007 AG-MCDC 1,000 BOARD - EDA SPONSOR DUES 55,907 BOARD-INTEREST INCOME 400 BOARD-FOUNDATION MONEY 3,700 RLF-STAFF REIMBURSE 18,000 RLF-ORIG FEES 5,000 CRDC 71,907 FUELS AND CGWG - MISC GRANT ADMIN $ 10,750 EDA - GRANT 70,000 TOTAL INCOME 321,671 Expense TOTAL STAFF EXPENSE 256,044 COMMUNICATIONS 6,000 EQUIPMENT & VEHICLE 8,520 CONTRACTUAL 21,220 SUPPLIES 9,800 TRAVEL 10,140 OTHER 8,430 RESERVE EXPENSE TOTAL 320,154 1,517 PROJECTED NET INCOME 12/31/2021 58 Page 15 Budgeted Actual % of budgeted Income AG-FOOD AND AG CENTER 85,007 17,961 21% AG-MCDC 1,000 0 0% BOARD - EDA SPONSOR DUES 55,907 42,389 76% BOARD-INTEREST INCOME 400 10 3% BOARD-FOUNDATION MONEY 3,700 0 0% RLF-STAFF REIMBURSE 18,000 0 0% RLF-ORIG FEES 5,000 0 0% CRDC 71,907 0 0% MISC GRANT ADMIN $10,750 0 0% EDA - GRANT 70,000 0 0% NOT BUDGED INCOME - 0 0% TOTAL INCOME 321,671 60,360 19% TOTAL STAFF EXPENSE 256,044 41,793 16% COMMUNICATIONS 6,000 1,419 24% EQUIPMENT & VEHICLE 8,520 425 5% CONTRACTUAL 21,220 10,600 50% SUPPLIES 9,800 1,671 17% TRAVEL 10,140 0% OTHER 8,430 0% RESERVE - EXPENSE TOTAL 320,154 55,907 17% Bank of Joliet-Building Account $4,473.00 Bank of Joliet- Savings Account $75,365.55 Bank of Joliet- Checking Account $104,140.12 Beartooth Books- Reporting Ending February 2021 Expense Account Balances 59 Page 16 Revolving Loan Fund Books- February 2021 Loan Client Review County # of loans $ Loaned out Big Horn 2 $171,075 Stillwater 3 $429,198 Yellowstone 8 $388,712 Carbon 3 $23,081 Sweet Grass 2 $175,435 • A $200K loan has been approved for Yellowstone County. This will not be funded until Spring 2021 • Our loan clients (so far) are weathering the COVID storm. We had one very large payoff, and I anticipate another payoff soon. • I have 4 pending applications in various forms that will hopefully head to the RLF meeting. Bank Balances as of February 2021 Total available for lending Bank of Joliet- EDA $37,177 37,177 Bank of Joliet-CDBG $380,671 380,671 Bank of Joliet- IRP $368,480 117,480 Bank of Joliet-Fromberg $29,811 29,811 $565,139 60 Page 17 FOOD AND AG CENTER MANAGER REPORT MONTANA FOOD AND AGRICULTURE DEVELOPMENT CENTER REPORT Beartooth Food and Ag Center 7/1/2020 to 2/28/2021 Joel Bertolino DESCRIPTION OF NEW PROJECTS INTIATED OR CLIENTS SERVED (PICK 3 OR LESS) PROGRAM STATISTICS- supported with Neoserra reports • Number of businesses assisted-22 • Number of new clients-9 • Jobs created /retained-71 retained 5 created • Number of Client Counseling Sessions- 115 hrs • Capital Funding-$274,500.00 • Client milestones- includes new Businesses Expanded and adding staff, investing funds including Millers Custom Processing, Becky’s Berries, Pioneer Meats, Stillwater Packing and Yellowstone Valley Farms. Pryor Mountain Wind project has completed construction of their 406 Million Dollar Wind Farm. 406 Bovine has continued to make progress in the development of their Ag Technology product. Business/ Project Name: Joe Murdock Contact- Joe Murdock Location- Lodge Grass, MT Joe Murdock farms acreage in southern Big Horn County and raises sunflower and safflower. Beartooth FADC has been in discussions with him on finance opportunities to purchase equipment to bag the seed for sale as bird feed to supplement his farming operation. He is looking at developing a Growth Through Ag grant for the next cycle in the fall of 2021. 61 Page 18 Business/ Project Name: JWK Enterprises LLC Contact- Justine Kougl Location-Busby, MT The Kougl family raises grass fed hormone free beef in Big Horn County and is developing a profitable business that adds value to their beef production business. This project takes the raw commodity of beef cattle livestock and changes the physical state to packaged, labeled for re-sale meat products. These products will be marketed as grass-fed grain-finished, locally grown, and made/produced by an American Indian. Beartooth FADC is assisting this business with a USDA Value Added Producer Grant application to help them expand their business to increase the number of animals processed and sold in an effort to meet increased demand. Business/ Project Name: F Bar 3 Vineyard Contact- Kasey Krum Felder Location- Laurel, MT F Bar 3 Vineyard is a small family owned vineyard in Yellowstone County growing hybrid grape varieties including Frontenac, Marquette, Itasca, Petite Pearls and Crimson Pearls. Beartooth FADC has assisted the business in applying for a Growth Through Ag Grant to expand their operation. DESCRIPTION OF CENTER ACTIVITIES Beartooth FADC activities have been follow up meetings with clients as well as meetings with new clients interested in Covid relief funds, GTA, Brownfield’s financing, Big Sky Trust Fund, and USDA grants and loans including Pioneer Meats, Stillwater Packing, Miller Custom Processing, 406 Bovine LLC, Trembling Prairie Farms, Toews Family Farms, JWK Enterprises, Charter Ranch, J Bar F Vineyard, Palladium Brewery, Yellowstone Food Hub and others. Beartooth FADC staff has continued to work on an NRCS RCPP grant that has integrated more sustainable farming practices into area irrigated barley and sugar beet producers Beartooth has worked with the other state wide Food and Ag Centers in exchanging information on businesses and commodities, planning trainings on food safety as well as discussing funding opportunities. Beartooth FADC has worked this year with a wide variety of businesses from several people interested in greenhouse businesses, meat plants, grain corn sales, food processing, a vineyard, food hub, apiary, and on-farm renewable energy. Beartooth 62 Page 19 FADC has had continued interest in the area of microbreweries and a distillery in the Columbus community, and one on a brownfield site. Beartooth has assisted several businesses in applying for the Agriculture Adaptability grants as well as Business Sustainability grant. We have also worked with three meat-processing plants in our area to submit Meat Processing Infrastructure Grants they received and will allow them to increase the amount of animals they process as they are seeing a tremendous increase in local meats. We have receive many more inquiries from meat processing businesses looking for startup assistance in our region. This work has continued to be interesting and rewarding to assist these businesses in various stages add value to Montana Agricultural products. These activities are all steps toward our broader network goals to increase the number of value added and food businesses and jobs in our region while also building the broader network for delivery of our assistance throughout the state. DESCRIPTION OF RENEWABLE ENERGY PROJECT ACTIVITIES (IF APPLICABLE) Beartooth has assisted the Pryor Mountain Wind Project. The estimated 400 million dollar project is nearly complete with 120 turbines installed, four to five Ranches in the area have turbines on their Ag operations, and the turbines are set to be online by spring 2021. 63 Page 20 DESCRIPITON OF NEW INVESTMENTS Business Name: Millers Custom Processing Business Contact: Tom Miller Business Location: Roberts, MT Description: Meat Processing Type of Investment: Montana Meat Processing grant for $104,000.00 Business Name: Stillwater Packing Business Contact: Jason and Amber Emmett Business Location: Columbus, MT Description: USDA Meat Plant Type of Investment: Montana Meat Processing Infrastructure Grant for business Expansion $33,000.00 Business Name: Pioneer Meats Business Contact: Brian Engle Business Location: Big Timber, MT Description: USDA Meat Plant Type of Investment: Montana Meat Processing Infrastructure Grant for $120,000.00 to expand in an effort to better meet the demand for loc ally processed meats. CLIENT STORY/TESTIMONIAL (PICK AT LEAST 1!) MillerCoors and Western Sugar Co, along with the NRCS and Conservation Districts in Yellowstone, Carbon and Big Horn Counties approached Beartooth FADC in 2015 to discuss a USDA NRCS Regional Conservation Partnership Project grant meant to foster public private relationships. Beartooth worked with the group to develop a grant application that would assist MillerCoors and Western Sugar company in providing funding for their producers to offset the costs of implementing conservation practices that would conserve water and soil while also making their operations more efficient from a time and labor standpoint. The first grant called the Yellowstone Region Ag Sustainability project was applied for and denied, the group decided to continue to meet and apply the next year, that application was a success, the NRCS offices in the three counties assisted the group in developing the application process and received applications from producers in all three counties 64 Page 21 over a three year period. The overall partnership and the project was a success. MillerCoors was able to administer the grant NRCS handled the application processes and the project is now complete having assisted several regional producers in implementing technology into their operations that have helped them conserve resources as well as time and labor. There are several project overviews that have been produced to show the impact of the project including this video https://www.nrcs.usda.gov/wps/portal/nrcs/mt/newsroom/photos/9327ad86-f904-4561-9be4- ea7d21d36932/#yellowstonercpp. ATTACH ANY PICTURES, MARKETING MATERIALS, OR RELEVANT SUPPORTING INFORMATION WITH YOUR REPORT. Picture of the MillerCoors RCPP Yellowstone Regional Ag Sustainability producer, and Pryor Wind Farm and attached are two project impact overviews on the MillerCoors RCPP project 65 Page 22 Economic Development Director Report March 2021 Regional projects on the CARES ACT economic recovery plan continue. Interviews with key businesses in the region are underway on the affordable housing study. The advisory group which represents all areas across the region was brought up to speed on the cu rrent status of the housing study. Deb Brown with Save Your Town continues to host watch parties with interested Chamber Directors, staff and businesses in the region. Deb plans to attend the BRCD board meeting in May, and I would encourage you to ask questions on the targeted small business recovery efforts underway. The third leg of the CARES Act funding with Big Sky EDA taking the lead continues to explore and develop economic recovery efforts primarily in Yellowstone County. Biweekly meetings continue , and strategic regional planning is being discussed with Community Builders from Colorado. If you are interested in representing Beartooth RCD in an upcoming meeting with Community Builders, please let me know. Up to five individuals from BRCD, BSEDA, Billings Chamber, and the Billings Downtown Business Alliance will be part of this process. I feel it’s important to have a wide regional perspective represented from our organization. County-specific projects underway include: Big Horn County: Progress continues on the affordable housing calls. A grant to establish a full- time ED and Housing Director position is underway. Interactions with tribal economic developers continue with coordination of economic recovery efforts and remote worker training. Research into Decker coal mine reclamation and bankruptcy situation continues. Carbon County: Projects include the regional detention center, wind farm, business assistance in Bridger. Also the Coal Board funding has been authorized to stabilize the Senior Center b uilding in Bridger. Stillwater County: Mini grants applications. Sandstone School - Big Sky Trust Fund. Sweet Grass County: BSTF application, Sibanye/Stillwater Mine adding 50 new jobs, Chamber of Commerce outreach on board training and projects in the area. Yellowstone County: Economic recovery efforts, Laurel west interchange - BSTF approved for feasibility study on industrial/commercial development and infrastructure. Discussion held with stakeholders on Hwy 3 business park development near the air port. Steve Simonson 66 Page 23 Frequently Used Acronyms BEAR – Business Expansion and Retention BIA – Bureau of Indian Affairs BLM – Bureau of Land Management BRCD – Beartooth RC&D BSEDA – Big Sky Economic Development Association BSTF – Big Sky Trust Fund CDBG – Community Development Block Grant CRDC – Certified Regional Development Corporation CEDS – Comprehensive Economic Development Strategy CTEP – Community Transportation Endowment Program EDA – Economic Development Administration EDD – Economic Development District ESRI – Environmental Systems Research Institute, Inc. GIS – Geographic Information Systems GPS – Global Positioning System HOME – Montana Home Investment Partnerships Program HUD – US Department of Housing and Urban Development IRP – Intermediary Relending Program LESA – Land Evaluation Site Assessment MBI – Montana Board of Investments MDOC – Montana Department of Commerce MDOL – Montana Dept. of Labor MDOT – Montana Dept. of Transportation MDFWP – Montana Dept. of Fish, Wildlife and Parks MEDA – Montana Economic Developers Association NADO – National Association of Development Organizations NCOC – National Carbon Offset Coalition NHS – Neighborhood Housing Services NRCS – Natural Resource Conservation Service RBEG – Rural Business Enterprise Grant RBOG – Rural Business Opportunity Grant RC&D – Resource Conservation & Development Area, Inc. RCDI – Rural Community Development Initiative RD – Rural Development (a division of USDA) RCPP- Regional Conservation Partnership Program RLF – Revolving Loan Fund RTA – Resource Team Assessment SBA – Small Business Administration SBDC – Small business Development Center TIFD – Tax Increment Finance District TSEP - Treasure State Endowment Program USDA – United States Department of Agriculture USFS – United States Forest Service 67 Yellowstone Regional Ag Sustainability RCPP Project Summary Regional Conservation Partnership Program The Regional Conservation Partnership Program (RCPP) promotes coordination of NRCS conservation activities with partners that offer value-added contributions to expand our collective ability to address on-farm, watershed, and regional natural resource concerns. Through RCPP, NRCS seeks to co-invest with partners to implement projects that demonstrate innovative solutions to conservation challenges and provide measurable improvements and outcomes tied to the resource concerns they seek to address. Yellowstone Regional Ag Sustainability RCPP The Yellowstone Region Agricultural Sustainability Project, led by Molson Coors, brought together multiple private and public agricultural partners in Big Horn, Carbon, and Yellowstone counties. The goal was to combine resources across organizations to help malt barley and sugar beet growers put irrigation systems in place to facilitate a combination of water and soil conservation practices including cover crops, reduced tillage, nutrient management, and irrigation water management. Through this project, assistance helped to mitigate the risk to producers of transitioning to practices that improve natural resources while also increasing economic viability and agricultural sustainability. NRCS and Partner Contributions • $1,886,863 in NRCS cost share including funds from Bozeman Area irrigation fund pool • $30,000 in partner contributions in technical and financial assistance Economic Impact Per NRCS economic data, the investment in the Yellowstone Region Ag Sustainability Project created just over $2 million in additional economic outputs in the 3-county area. Shawn Kuzara, Montana Bureau of Mines and Geology, presents a poster made by graduate student Taylor Bienvenue displaying the work done on site in June 2019. Conservation Benefits NRCS planning models show a 15-20% increase in irrigation efficiency for pivot irrigation over flood irrigation. Planning models also calculate the average tons of soil loss per acre in Yellowstone County alone would improve from an average of 6.2 tons/acre to .43 tons/acre with the implementation of planned conservation practices. Cover crop: 669 acres A mix of cool and warm season grasses, legumes, brassicas and other grazable species. • Reduce erosion from wind and water and transport of sediment • Maintain or increase soil health and organic matter content in the soil • Improve infiltration, soil structure, and soil water storage Bill Michael, Farmer, Yellowstone County “At first it was hard to believe that we were using the same amount of water in the pivot to water 100 acres at ¾ inch that we had been using to irrigate 27 acres with gated pipe. Doing water management with flow meters before the pivot and now, after the pivot is in, we’re just amazed at the difference – the efficiency. The crop under the pivot planted with no-till is just as good as in other fields. The pivot really suits doing what we want management- wise, trying to keep the soil on the place and saving money. NRCS gave us advice and helped with funding on the cover crops. The whole ideas is not only to help producers acquire technology, but to educate and provide experience with guidance along the way. We keep learning. Ideas don’t always work. But it’s the only way to make progress.”68 mt.nrcs.usda.govUSDA is an equal opportunity provider, employer, and lender. • Increase soil biological activity, food and cover for wildlife • Supplemental forage for livestock and increase space and connectivity for wildlife Reduced Tillage: 1,023 acres • Fewer field operations and less tillage reduce the potential for soil compaction • Increase in soil carbon • Decrease runoff and erosion reduces nutrients, pesticides, salts, pathogens and sediment to surface waters Nutrient Management: 1,399 acres • Minimize agricultural non-point source pollution of surface and groundwater resources • Utilize manure or organic by-products as a plant nutrient source • Optimize the storage of soil carbon • Reduce energy costs of commercial fertilizer Sprinkler System: 724 acres • Properly applied sprinkler irrigation can reduce seeps, runoff, flooding, ponding and subsurface flows • Uniform water application reduces the potential for deep percolation of agricultural chemicals into groundwater • Water savings may be available for instream water use • Facilitate more diverse crop production opportunities Montana MT-2021 • January 2021 Michael Killen, Agronomist, Molson Coors “Molson Coors has a goal of reduced water usage in our supply chain. We’ve been working on this goal for 5 years. We’re making progress with the help of our growers in converting pivots and being more efficient. NRCS was a great help in getting the program off the ground. They brought EQIP funding to these counties and they’re a great help in working with the growers. The growers have really stepped up and invested their own money when commodities aren’t that good price-wise. Growers go above and beyond getting these projects in.” Chad Kuntz, Farmer, Yellowstone County “We’re on the end of the ditch here and water can be short. With the flood irrigation, it took a lot of labor and there could be a lot of erosion. In the end, with the pivot, we save a lot of water. One head will service this field now, whereas we used 4 heads before the pivot. It’s in our best interest to conserve the land, water, and resources. Over fertilization costs money. Water is our livelihood. We’ve seen a positive difference in a lot of yield with these changes [using conservation practices]. Years ago, we plowed, disced, and harrowed every field. We haven’t pulled the plow out in years. Reduced tillage helps with erosion, particularly where there’s wind and lighter soil. This year, there’s been a lot of wind and we never had the beets blow out, didn’t have to replant.” Chad and Holly Kuntz, center, with their children and Chad’s father, Cody Kuntz. The family are all involved in the operation. 69 Mi c h a e l K i l l e n So u t h e r n M T A g r o n o m i s t Ye l l o w s t o n e R e g i o n a l A g Su s t a i n a b i l i t y R C P P Mi c h a e l K i l l e n So u t h e r n M T A g r o n o m i s t Ye l l o w s t o n e R e g i o n a l A g Su s t a i n a b i l i t y R C P P 70 History – 20 1 3 W o r k i n g g r o u p f o r m e d t o e x p l o r e p a r t n e r s h i p o p p o r t u n i t i e s to e n h a n c e s u s t a i n a b l e a g r i c u l t u r e i n S o u t h e r n M T – US D A F a r m B i l l c r e a t e d t h e R e g i o n a l C o n s e r v a t i o n P a r t n e r s h i p Pr o g r a m ( R C P P ) • To o l t o i n v e s t p u b l i c r e s o u r c e s t o i m p r o v e c o n s e r v a t i o n , r e s t o r ation and su s t a i n a b l e u s e o f o u r n a t u r a l r e s o u r c e s – Th e Y e l l o w s t o n e R e g i o n A g r i c u l t u r a l S u s t a i n a b i l i t y P r o j e c t (Y R A S ) w a s c r e a t e d • Mi x o f P r i v a t e i n d u s t r y a n d p u b l i c p a r t n e r s – Ut i l i z e E Q I P f u n d i n g m o d e l t o a s s i s t p r o d u c e r s i n a d o p t i n g co n s e r v a t i o n p r a c t i c e s a n d i d e n t i f y B M P ’ s f o r i r r i g a t e d ba r l e y / b e e t r o t a t i o n s . • Da t a c o l l e c t i o n a n d p r o d u c t i o n i n f o r m a t i o n • Ed u c a t i o n a l f i e l d t o u r s / w o r k s h o p s 71 Ye l l o w s t o n e R e g i o n a l A g Su s t a i n a b i l i t y R C P P  Pa r t n e r s I n c l u d e :  Mi l l e r C o o r s  We s t e r n S u g a r C o o p e r a t i v e  Ye l l o w s t o n e C o n s e r v a t i o n D i s t r i c t  Bi g H o r n C o n s e r v a t i o n D i s t r i c t  Ca r b o n C o n s e r v a t i o n D i s t r i c t  Mo n t a n a B u r e a u o f M i n e s & G e o l o g y ( M B M G )  Sy n g e n t a  Be a r t o o t h R e s o u r c e C o n s e r v a t i o n & D e v e l o p m e n t ( R C & D ) 72 Re g i o n a l C o n s e r v a t i o n P a r t n e r s h i p Pr o g r a m ( R C P P )  Pr o m o t e s c o o r d i n a t i o n b e t w e e n N R C S an d i t s p a r t n e r s t o d e l i v e r c o n s e r v a t i o n as s i s t a n c e t o p r o d u c e r s a n d la n d o w n e r s .  NR C S p r o v i d e s a s s i s t a n c e t o p r o d u c e r s th r o u g h p a r t n e r s h i p a g r e e m e n t s a n d th r o u g h p r o g r a m c o n t r a c t s o r e a s e m e n t ag r e e m e n t s .  NR C S F o l l o w s a t w o - p h a s e a p p l i c a t i o n pr o c e s s :  Pr e - a p p l i c a t i o n s a r e a c c e p t e d , e v a l u a t e d , an d s e l e c t e d f o r s u b m i t t i n g a f u l l p r o j e c t pr o p o s a l .  On c e f u l l p r o j e c t p r o p o s a l s a r e s e l e c t e d f o r fu n d i n g , N R C S a n d t h e p r o j e c t p a r t n e r s t h e n me e t t o f i n a l i z e b u d g e t s , p l a n s o f w o r k , a n d fi n a l a g r e e m e n t s . 73 RC P P - Y e l l o w s t o n e R e g i o n a l A g r i c u l t u r a l S u s t a i n a b i l i t y P r o j e c t 74 NR C S / RC P P - R e g i o n a l C o n s e r v a t i o n P a r t n e r s h i p P r o g r a m • Th e g o a l o f R C P P i s t o s t r a t e g i c a l l y i n v e s t pu b l i c r e s o u r c e s t o i m p r o v e c o n s e r v a t i o n , re s t o r a t i o n , a n d s u s t a i n a b l e u s e o f o u r n a t i o n ’ s na t u r a l r e s o u r c e s . • 20 1 3 – W o r k i n g g r o u p w a s c r e a t e d t o e x p l o r e pa r t n e r s h i p o p p o r t u n i t i e s t o e n h a n c e su s t a i n a b l e a g r i c u l t u r e i n S . M T • Ye l l o w s t o n e R e g i o n a l A g r i c u l t u r a l Su s t a i n a b i l i t y P r o j e c t 75 Ye l l o w s t o n e R e g i o n a l A g r i c u l t u r a l S u s t a i n a b i l i t y P r o j e c t • Pa r t i c i p a t i n g P a r t n e r s Mi l l e r C o o r s * We s t e r n S u g a r * NR C S * ( H a r d i n , B i l l i n g s & J o l i e t o f f i c e s ) Ye l l o w s t o n e C o u n t y C o n s e r v a t i o n D i s t r i c t * Be a r t o o t h R C & D * F o o d & A g C n t r ( J o e l B e r t o l i n o ) Bi g H o r n C o u n t y C o n s e r v a t i o n D i s t r i c t Ca r b o n C o u n t y C o n s e r v a t i o n D i s t r i c t Sy n g e n t a ( F i e l d t o M a r k e t p r o g r a m ) MT B u r e a u o f M i n e s & G e o l o g y MS U / S A R C 76 Ye l l o w s t o n e R e g i o n a l A g r i c u l t u r a l S u s t a i n a b i l i t y P r o j e c t • Th e p r o j e c t s e e k s t o i d e n t i f y & d e f i n e BM P p r a c t i c e s t h r o u g h N R C S t h a t w o u l d be i m p l e m e n t e d a n d m o n i t o r e d w i t h t h e he l p o f t h e p r o d u c e r s , p r i v a t e i n d u s t r y a n d th e p u b l i c p a r t n e r s . I t w o u l d b e a p i l o t t o id e n t i f i e d t h e s e p r a c t i c e s w i t h i n c e n t i v e s th a t w o u l d a l l o w p r o d u c e r s t o m i t i g a t e ri s k s w h i l e a d o p t i n g t h e m , c r e a t i n g a l e v e l of a g r i c u l t u r a l s u s t a i n a b i l i t y w i t h o u t t h e ne e d f o r i n d u s t r y / g o v e r n m e n t r e g u l a t i o n . 77 78 Ye l l o w s t o n e R e g i o n a l A g r i c u l t u r a l S u s t a i n a b i l i t y P r o j e c t • 5- Y R p r o j e c t ( s t a r t i n g 2 0 1 7 ) • Pa r t n e r i n g P a r t i c i p a n t s - I r r i g a t e d m a l t b a r l e y & s u g a r be e t p r o d u c e r s i n B i g H o r n , C a r b o n , a n d Y e l l o w s t o n e co u n t i e s i n S . M T . • 2- 3 p r o j e c t s p e r c o u n t y • Th e s e p r o j e c t s w i l l b e t h o r ou g h l y d o c u m e n t e d t h r o u g h re p o r t i n g c o l l a b o r a t i o n a n d t h e f i n a l r e p o r t a n d a n a l y s i s wo u l d b e a v a i l a b l e f o r a n y o n e i n t e r e s t e d . • Ev e n t u a l l y , t h i s m o d e l c o u l d b e a p p l i e d t o o t h e r i r r i g a t e d cr o p l a n d i n M o n t a n a , W y o m i n g , a n d o t h e r s t a t e s w h i c h ha v e t h e s a m e c o n c e r n s a n d i s s u e s a s a r e p r e s e n t i n ou r p r o j e c t a r e a . 79 Ye l l o w s t o n e R e g i o n a l A g r i c u l t u r a l S u s t a i n a b i l i t y P r o j e c t Be s t M a n a g e m e n t P r a c t i c e s - • Nu t r i e n t M a n a g e m e n t • Ir r i g a t i o n W a t e r M a n a g e m e n t • Re s i d u e & T i l l a g e m a n a g e m e n t • Co v e r C r o p ( U s e , I m p l e m e n t a t i o n , M i x e s ) • In t e g r a t e d P e s t M a n a g e m e n t • Cr o p R o t a t i o n M a n a g e m e n t 80 Ex a m p l e s o f P r a c t i c e s A v a i l a b l e t h r o u g h Ye l l o w s t o n e R e g i o n a l R C P P E Q I P … .  (4 4 2 ) S p r i n k l e r S y s t e m ( P i v o t o r W h e e l i n e )  (4 3 0 ) I r r i g a t i o n P i p e l i n e  (4 4 3 ) I r r i g a t i o n S y s t e m , S u r f a c e a n d Su b s u r f a c e ( G a t e d P i p e )  (4 4 1 ) I r r i g a t i o n S y s t e m , M i c r o i r r i g a t i o n  (4 4 9 ) I r r i g a t i o n W a t e r M a n a g e m e n t  (5 9 0 ) N u t r i e n t M a n a g e m e n t  (3 4 0 ) C o v e r C r o p  (5 1 2 ) F o r a g e a n d B i o m a s s P l a n t i n g  (5 9 5 ) I n t e g r a t e d P e s t M a n a g e m e n t  ** * M a n y M o r e ! * * * S t o p b y y o u r l o c a l N R C S Fi e l d O f f i c e !  81 Today – Le v e r a g e d P a r t n e r “ I n - K i n d ” m a t c h e s t o o b t a i n $ 1 . 2 mi l l i o n i n m a t c h i n g R C P P f u n d i n g . • EQ I P p a y m e n t s t o g r o w e r s • Co n t r a c t o r - R e p o r t i n g / D a t a c o l l e c t i o n / M a n a g e m e n t p l a n s • NR C S A d m i n i s t r a t i o n – Ac c e p t i n g E Q I P A p p l i c a t i o n s 82 RC P P C o n t ’ d … … .  El i g i b l e p a r t n e r s i n c l u d e : A m e r i c a n In d i a n t r i b e s , n o n p r o f i t or g a n i z a t i o n s , s t a t e a n d l o c a l go v e r n m e n t s , p r i v a t e i n d u s t r y , co n s e r v a t i o n d i s t r i c t s , w a t e r d i s t r i c t s , un i v e r s i t i e s a n d m a n y o t h e r s .  Th e m o s t s u c c e s s f u l R C P P p r o j e c t s sh a r e f o u r c o m m o n c h a r a c t e r i s t i c s :  Th e y i n n o v a t e ; l e v e r a g e a d d i t i o n a l co n t r i b u t i o n s ; o f f e r i m p a c t f u l so l u t i o n s ; a n d e n g a g e m o r e pa r t i c i p a n t s .  Pa r t n e r s d e v e l o p t h e p r o j e c t ap p l i c a t i o n s , t o a d d r e s s s p e c i f i c na t u r a l r e s o u r c e o b j e c t i v e s i n a pr o p o s e d a r e a o r r e g i o n . P a r t n e r i n g or g a n i z a t i o n s d e s i g n , p r o m o t e , im p l e m e n t a n d e v a l u a t e t h e pr o j e c t o u t c o m e s . • Th r o u g h R C P P , N R C S c o - i n v e s t s wi t h p a r t n e r s i n i n n o v a t i v e , wo r k a b l e a n d c o s t - e f f e c t i v e ap p r o a c h e s t o b e n e f i t f a r m i n g , ra n c h i n g a n d f o r e s t op e r a t i o n s ; l o c a l ec o n o m i e s ; a n d t h e co m m u n i t i e s a n d r e s o u r c e s i n a w a t e r s h e d o r o t h e r ge o g r a p h i c a r e a . 83 YR A S R C P P P u r p o s e  Th i s p r o j e c t o r i g i n a t e d f r o m t h e A g i n d u s t r y n e e d t o ad d r e s s c o n s u m e r c o n c e r n s a b o u t w h a t t h e i n d u s t r y i s do i n g t o c o n s e r v e e n e r g y , s o i l a n d w a t e r .  Pr o j e c t O b j e c t i v e s :  Id e n t i f y 2 - 3 p r o d u c e r s p e r c o u n t y i n Y e l l o w s t o n e , B i g H o r n an d C a r b o n C o u n t i e s . P a r t n e r p r o d u c e r s f o r t h e p r o j e c t w i l l be s e l e c t e d b a s e d u p o n a s e t of r a n k i n g c r i t e r i a f o r E Q I P ha v i n g i r r i g a t e d c r o p r o t a t i o n s wi t h s u g a r b e e t s a n d / o r m a l t ba r l e y .  As s e s s w h a t w a t e r a n d s o i l c o n s e r v a t i o n p r a c t i c e s h a v e hi s t o r i c a l l y b e e n u s e d a n d a r e c u r r e n t l y b e i n g u t i l i z e d b y t h e ir r i g a t e d p r o d u c e r s i n t h e p r o j e c t a r e a .  Ut i l i z e E Q I P t o p r o v i d e a n i n c e n t i v e f o r p r o d u c e r s t o a d o p t be s t m a n a g e m e n t p r a c t i c e s t h a t c o u l d b e i m p l e m e n t e d ov e r t h e n e x t f i v e y e a r s t o i m p r o v e t h e i r i r r i g a t i o n ef f i c i e n c i e s , w a t e r q u a l i t y , a n d s o i l q u a l i t y .  Ca t a l o g u e a n d a n a l y z e t h e d a t a c o l l e c t e d , p r o v i d e a f i n a l re p o r t t h a t w o u l d s h o w t h e r e s u l t s o f t h e i m p l e m e n t a t i o n o f th e e s t a b l i s h e d B e s t M a n a g e m e n t P r a c t i c e s b y t h e s e l e c t e d pr o d u c e r s . A l s o u t i l i z e t h i s i n f o r m a t i o n i n e d u c a t i o n a l wo r k s h o p s a n d f i e l d d a y s . 84 Ov e r v i e w o f t h e R e g i o n a l Co n s e r v a t i o n P a r t n e r s h i p Pr o g r a m ( R C P P ) & t h e E n v i r o n m e n t a l Qu a l i t y I n c e n t i v e s Pr o g r a m ( E Q I P ) Se a n n a T o r s k e Di s t r i c t C o n s e r v a t i o n i s t Ha r d i n N R C S F i e l d O f f i c e 85 Wh a t ’ s N e w w i t h F a r m B i l l 2 0 1 4 … . 86 En v i r o n m e n t a l Q u a l i t y I n c e n t i v e s Pr o g r a m ( E Q I P )  Pr o v i d e s f i n a n c i a l a n d t e c h n i c a l a s s i s t a n c e t o a g pr o d u c e r s t o a d d r e s s n a t u r a l r e s o u r c e c o n c e r n s .  Pa y m e n t s a r e m a d e t o p r o g r a m p a r t i c i p a n t s af t e r c o n s e r v a t i o n p r a c t i c e s a n d a c t i v i t i e s a r e im p l e m e n t e d .  Ad v a n c e d P a y m e n t s a r e A v a i l a b l e t o V e t e r a n F R ’ s , BF R ’ s , a n d S D F R ’ s .  90 D a y s T o F u l l y C o m p l e t e t h e P r a c t i c e  Fi e l d O f f i c e s t a k e E Q I P a p p l i c a t i o n s o n a co n t i n u o u s b a s i s .  YR A S E Q I P T i m e l i n e o n t h e f o l l o w i n g s l i d e  El i g i b l e p a r t i c i p a n t s i n c l u d e : A g p r o d u c e r s , ow n e r s o f n o n - i n d u s t r i a l p r i v a t e f o r e s t l a n d , a n d Tr i b e s .  El i g i b l e l a n d i n c l u d e s : c r o p l a n d , r a n g e l a n d , pa s t u r e l a n d , n o n - i n d u s t r i a l p r i v a t e f o r e s t l a n d , an d o t h e r f a r m o r r a n c h l a n d s . 87 Ye l l o w s t o n e R e g i o n a l A g Su s t a i n a b i l i t y E Q I P T i m e l i n e  Ja n u a r y 1 9 th , 2 0 1 8 – Y R A S E Q I P S i g n u p D e a d l i n e  An y a p p l i c a t i o n s r e c e i v e d a f t e r t h i s d a t e w i l l b e c o n s i d e r e d f o r th e n e x t Y R A S E Q I P S i g n u p ( S u b j e c t t o F u n d s A v a i l a b i l i t y ) , a s w e l l as F Y 2 0 1 9 E Q I P G e n e r a l F u n d i n g .  Fe b r u a r y 2 nd , 2 0 1 8 - E l i g i b i l i t y D e a d l i n e  Av e r a g e A d j u s t e d G r o s s I n c o m e ; H E L C / W C ; C o n t r o l o f L a n d , E t c .  Fe b r u a r y 1 6 th , 2 0 1 8 – A p p l i c a t i o n R a n k i n g D e a d l i n e  Fe b r u a r y 2 3 rd , 2 0 1 8 – P r e a p p r o v a l f o r A p p l i c a t i o n s  Ap r i l 2 0 th , 2 0 1 8 – O b l i g a t i o n D e a d l i n e  Th i s m a y b e s u b j e c t t o c h a n g e . 88 A C o u p l e N o t e s r e g a r d i n g EQ I P I r r i g a t i o n P r a c t i c e s … . .  Ir r i g a t i o n p r a c t i c e s p l a n n e d t o a d d r e s s w a t e r qu a l i t y m u s t s h o w p o t e n t i a l f o r w a t e r co n s e r v a t i o n b y d e m o n s t r a t i n g a m i n i m u m in c r e a s e i n e f f i c i e n c y o f 1 0 % o v e r t h e e x i s t i n g sy s t e m ( d e t e r m i n e d t h r o u g h o u r F I R I t o o l ) .  Al l w a t e r c o n s e r v e d w i l l r e m a i n i n t h e s o u r c e an d w i l l n o t b e u s e d t o i r r i g a t e a d d i t i o n a l la n d s o p e r a t e d b y t h e p a r t i c i p a n t .  Mu s t s h o w I r r i g a t i o n H i s t o r y 2 o u t o f t h e l a s t 5 ye a r s .  So c i a l l y D i s a d v a n t a g e d , L i m i t e d R e s o u r c e , a n d In d i a n T r i b e a p p l i c a n t s c a n r e q u e s t a w a i v e r t o t h e ir r i g a t i o n h i s t o r y r e q u i r e m e n t s i n a c c o r d a n c e w i t h 4 4 0 CP M 5 1 5 . 5 2 A ( 5 ) .  Up t o 5 % o f t h e t o t a l i r r i g a t e d l a n d u n d e r t h e ne w s y s t e m m a y b e l a n d t h a t w a s n o t pr e v i o u s l y i r r i g a t e d a s n e e d e d f o r e f f i c i e n t u s e of t h e n e w s y s t e m . 89 5 S t e p s f o r C o n s e r v a t i o n A s s i s t a n c e f r o m t h e NR C S  #1 – S t o p b y y o u r l o c a l N R C S Of f i c e . D i s c u s s y o u r v i s i o n a n d go a l s f o r y o u r l a n d  NR C S p r o v i d e s f r e e te c h n i c a l a s s i s t a n c e , o r ad v i c e , f o r y o u r l a n d .  Co m m o n t e c h n i c a l as s i s t a n c e i n c l u d e s :  Re s o u r c e A s s e s s m e n t  Pr a c t i c e D e s i g n  Re s o u r c e M o n i t o r i n g ht t p : / / w w w . n r c s . u s d a . g o v / w p s / p o r t a l /n r c s / m a i n / n a t i o n a l / c o n t a c t / l o c a l / 90  Lo c a l N R C S F i e l d O f f i c e s : Ha r d i n F i e l d O f f i c e 72 4 T h i r d S t W e s t Ha r d i n , M T 5 9 0 3 4 Ph o n e : ( 4 0 6 ) 6 6 5 - 3 4 4 2 , E x t . 3 Fa x : ( 8 5 5 ) 5 1 0 - 7 0 2 5 Em a i l : se a n n a . t o r s k e @ m t . u s d a . g o v Cr o w A g e n c y F i e l d O f f i c e 86 4 5 S o u t h W e a v e r D r i v e St u d e n t U n i o n B l d g , R o o m 2 0 5 Cr o w A g e n c y , M T 5 9 0 2 2 Ph o n e : ( 4 0 6 ) 6 3 8 - 9 1 0 2 Fa x : ( 8 5 5 ) 5 1 0 - 7 0 2 5 Em a i l : se a n n a . T o r s k e @ m t . u s d a . g o v (U n t i l T r i b a l C o n s e r v a t i o n i s t P o s i t i o n i s Fi l l e d ) Jo l i e t F i e l d O f f i c e 60 6 W F r o n t S t r e e t Jo l i e t , M T 5 9 0 4 1 - 0 2 2 9 Ph o n e : ( 4 0 6 ) 9 6 2 - 3 6 4 1 , e x t . 1 0 1 Fa x : ( 8 5 5 ) 5 1 0 - 7 0 2 5 Em a i l : Kr i s t . W a l s t a d @ m t . u s d a . g o v Bi l l i n g s F i e l d o f f i c e 16 2 9 A v e D , B l d g A , S t e 4 Bi l l i n g s , M T 5 9 1 0 2 - 3 0 9 1 Ph o n e : ( 4 0 6 ) 6 5 7 - 6 1 3 5 Fa x : ( 8 5 5 ) 5 1 0 - 7 0 2 5 Em a i l : Sh a l a i n e . W a t s o n @ m t . u s d a . g o v 91 NR C S A s s i s t a n c e C o n t i n u e d … .  #2 – N R C S w i l l w a l k y o u t h r o u g h th e a p p l i c a t i o n p r o c e s s .  If y o u a r e i n t e r e s t e d i n a n N R C S Co n s e r v a t i o n P r o g r a m , w e ’ l l wo r k w i t h y o u :  To f i l l o u t a f o r m A D 1 0 2 6 , wh i c h e n s u r e s a co n s e r v a t i o n p l a n i s i n p l a c e be f o r e l a n d s w i t h h i g h l y er o d i b l e s o i l s a r e f a r m e d . I t al s o e n s u r e s n o w e t l a n d ar e a s a r e f a r m e d .  To f i l l t h e N R C S - C P A - 1 2 0 0 Pr o g r a m A p p l i c a t i o n f o r m . (A l l p r o g r a m a p p l i c a t i o n s ar e t a k e n o n a c o n t i n u o u s ba s i s ) 92 NR C S A s s i s t a n c e C o n t i n u e d … . 93 94 95 96 NR C S A s s i s t a n c e C o n t i n u e d … . .  #4 – N R C S w i l l t a k e a l o o k a t th e a p p l i c a t i o n s a n d r a n k th e m .  We a c c e p t p r o g r a m ap p l i c a t i o n s o n a co n t i n u o u s b a s i s .  On c e a f u n d i n g p e r i o d i s an n o u n c e d , N R C S w i l l fi r s t P r i o r i t i z e Ap p l i c a t i o n s , a n d t h e n ra n k e l i g i b l e a p p l i c a t i o n s ac c o r d i n g t o l o c a l re s o u r c e c o n c e r n s , a n d th e a m o u n t o f co n s e r v a t i o n b e n e f i t s th e p r o j e c t w i l l p r o v i d e . 97  #5 – I f y o u r a p p l i c a t i o n i s s e l e c t e d f o r f u n d i n g , yo u c a n c h o o s e w h e t h e r t o s i g n t h e c o n t r a c t fo r t h e w o r k t o b e d o n e .  On c e y o u s i g n t h e c o n t r a c t , y o u ’ l l b e pr o v i d e d t h e s t a n d a r d s a n d s p e c i f i c a t i o n s f o r co m p l e t i n g t h e p r a c t i c e o r p r a c t i c e s , a n d th e n y o u w i l l h a v e a s p e c i f i e d a m o u n t o f t i m e to i m p l e m e n t .  On c e t h e w o r k i s i m p l e m e n t e d a n d in s p e c t e d , y o u ’ l l b e p a i d t h e r a t e o f co m p e n s a t i o n f o r t h e w o r k i f i t m e e t s N R C S st a n d a r d s a n d s p e c i f i c a t i o n s . NR C S A s s i s t a n c e C o n t i n u e d … . . 98 Co n s e r v a t i o n C l i e n t G a t e w a y ( C C G )  No t i m e t o s t o p b y t h e of f i c e ? NO P R O B L E M !  CC G A l l o w s p r o d u c e r s to :  Re q u e s t C o n s e r v a t i o n As s i s t a n c e  Ap p l y f o r F i n a n c i a l As s i s t a n c e  Re v i e w a n d d i g i t a l l y si g n d o c u m e n t s  Re q u e s t a n d t r a c k pa y m e n t s  Mu c h M o r e !  Ho w t o g e t s i g n e d u p f o r CC G :  1. ) E s t a b l i s h y o u r r e c o r d s wi t h y o u r l o c a l U S D A S e r v i c e Ce n t e r ,  2. ) C r e a t e a U S D A L e v e l 2 eA u t h e n t i c a t i o n A c c o u n t (e i t h e r i n - p e r s o n o r o n l i n e ) ,  3. ) V e r i f y y o u r i d e n t i t y ( e i t h e r in - p e r s o n o r o n l i n e ) ,  4. ) L i n k y o u r U S D A C l i e n t Re c o r d t o y o u r e A u t h Ac c o u n t . ht t p s : / / w w w . n r c s . u s d a . g o v / w p s / p o r t a l / n r c s / m a i n / n a t i o n a l / c g a t e / 99 No n - D i s c r i m i n a t i o n P o l i c y Th e U . S . D e p a r t m e n t o f A g r i c u l t u r e ( U S D A ) p r o h i b i t s di s c r i m i n a t i o n a g a i n s t i t s c u s t o m e r s , e m p l o y e e s , a n d ap p l i c a n t s f o r e m p l o y m e n t o n t h e b a s e s o f r a c e , c o l o r , na t i o n a l o r i g i n , a g e , d i s a b i l i t y , s e x , g e n d e r i d e n t i t y , r e l i g i o n , re p r i s a l , a n d w h e r e a p p l i c a b l e , p o l i t i c a l b e l i e f s , m a r i t a l s t a t u s , fa m i l i a l o r p a r e n t a l s t a t u s , s e x u a l o r i e n t a t i o n , o r a l l o r p a r t o f an i n d i v i d u a l ' s i n c o m e i s d e r i v e d f r o m a n y p u b l i c a s s i s t a n c e pr o g r a m , o r p r o t e c t e d g e n e t i c i n f o r m a t i o n i n e m p l o y m e n t o r in a n y p r o g r a m o r a c t i v i t y c o n d u c t e d o r f u n d e d b y t h e De p a r t m e n t . ( N o t a l l p r o h i b i t e d b a s e s w i l l a p p l y t o a l l pr o g r a m s a n d / o r e m p l o y m e n t a c t i v i t i e s . ) Qu e s t i o n s ? 100 Qu e s t i o n s ? 101 File Attachments for Item: 6. Budget/Finance Committee Minutes 2.23.2021. 102 Minutes of City of Laurel Budget/Finance Committee Tuesday, February 23, 2021 Members Present: Bruce McGee Richard Klose Scot Stokes Others Present: Mayor Nelson Bethany Langve The meeting was called to order by the Committee vice-chair at 5:30pm. 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. There was no public input. General Items – 1. Review and approve the February 9, 2021 Budget and Finance Committee meeting minutes. Richard Klose moved to approve the minutes of the February 9, 2021 Budget and Finance Committee meeting. Bruce McGee seconded the motion, all in favor, motion passed. 2. Review and Approve purchase requisition – The Committee was presented with a purchase requisition from the Sewer Department for repairs to the Elm lift pump. This purchase had previously been approved as an emergent repair by the Mayor, and it now needed to be approved by the Budget and Finance Committee. Richard Klose made a motion to approve the purchase requisition from the Sewer Department for the repairs to the Elm lift pump. Scot Stokes seconded the purchase requisition, all in favor, motion passed. 3. Review and Approve purchase requisition – The Committee was presented with a purchase requisition from the Ambulance Department for installation of air conditioning in the FAP (Fire, Ambulance and Police) Building. The Clerk/Treasurer explained the need for the air conditioning now that the Ambulance Department is staffed. The FAP building gets very hot in the Ambulance area. Richard Klose made a motion to approve the purchase requisition from the Ambulance Department for the installation of air conditioning in the FAP Building. Scot Stokes seconded the purchase requisition, all in favor, motion passed. 4. Review and approve the May 2020 financial statements. The Committee reviewed the financial statements and had no questions or comments. Scot Stokes made a motion to approve the May 2020 financial statements. Richard Klose seconded the motion, all in favor, motion passed. 5. Review and approve the June 2020 financial statements. The Committee reviewed the financial statements and had no questions or comments. Scot Stokes made a motion to approve the June 2020 financial statements. Richard Klose seconded the motion, all in favor, motion passed. 6. Review and recommend approval to Council, Claims entered through 02/19/2021. The claims and check register had previously been reviewed by the Committee. Bruce McGee made a motion to approve the claims entered through 02/19/2021. Richard Klose seconded the motion, all in favor, motion passed. 7. Review and approve Payroll Register for pay period ending 02/07/2021 totaling $203,294.13. Richard Klose made a motion to recommend approval of the payroll register for pay period ending 02/07/2021 totaling $203,294.13. Bruce McGee seconded the motion, all in favor, motion passed. New Business – None 103 Old Business – 8. The Mayor stated the City Attorney had not reviewed the draft resolutions to date, so there is no update on the Meal Pay and Drill Pay resolutions. This item will be added to the next meeting agenda. 9. The Mayor stated the City Attorney had not reviewed the draft resolutions to date, so there is no update on the Cemetery Parking Lot. This item will be added to the next meeting agenda. Other Items – 10. Review the Pay Period Ending 01/24/2021 Comp/Overtime Report. There were no questions or comments from the Committee. 11. Clerk/Treasurer Update – The Clerk/Treasurer stated the 2019 Audit was finally completed. 12. Mayor Update – The Mayor stated he recently attended the monthly department head meeting, and afterwards he met with the Ambulance Director. He stated the calls to the Ambulance Department were up, and collections on accounts are looking good to date. The Mayor stated growth is coming. He is expecting growth around the new school, and the new exchange. He is focusing on the exchange area and would like to create a TIF District out in that area. He stated the City is currently doing a Capital Improvement Plan (CIP) study. The last CIP study for City Hall was done in 2010. He stated that at that time, it was determined the Council area side of City Hall needed to be rebuilt. He stated the City needs increased water storage. The last City- wide CIP study was done in 2006-2007, and this should be revised every 5 years. He stated the CIP should be followed to ensure proper growth of the City. The Committee asked if anyone had shown interest in developing that area by the new exchange. The Mayor stated he had heard a rumor a Wal-Mart distribution center could possibly be built out there, but that has been a rumor around the Laurel/Billings area for a long time. The Mayor stated he is actively pursuing any leads he receives. Announcements – 13. The next Budget and Finance Committee meeting will be held on March 09, 2021. 14. Richard Klose will be reviewing the 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. 104 File Attachments for Item: 7. Tree Board Minutes of February 18, 2021. 105 1 0 6 1 0 7 File Attachments for Item: 8. Public Works Committee Minutes of February 8, 2021. 108 1 0 9 1 1 0 1 1 1 1 1 2 1 1 3 1 1 4 File Attachments for Item: 9. Emergency Services Committee Minutes June 22, 2020. 115 1 1 6 1 1 7 1 1 8 1 1 9 File Attachments for Item: 10. Emergency Services Committee July 27, 2020. 120 1 2 1 1 2 2 1 2 3 File Attachments for Item: 11. Emergency Services Committee Minutes of August 24, 2020. 124 1 2 5 1 2 6 File Attachments for Item: 12. Emergency Services Committee Minutes September 28, 2020. 127 1 2 8 1 2 9 File Attachments for Item: 13. Emergency Services Committee Minutes October 26, 2020. 130 1 3 1 1 3 2 1 3 3 File Attachments for Item: 14. Emergency Services Committee Minutes of February 22, 2021. 134 1 3 5 1 3 6 1 3 7 1 3 8 1 3 9 File Attachments for Item: 15. Laurel Urban Renewal Agency Minutes of February 22, 2021. 140 MINUTES CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, FEBRUARY 22, 2021 11:00 AM CITY COUNCIL CHAMBERS 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. 1. Roll Call The Chair called the meeting to order at 11:02am Don Smarsh Janice Lehman Mardi Spalinger Judy Goldsby Nick Altonaga (City of Laurel) General Items 2. Approve Meeting Minutes: November 16, 2020 Members Mardie Motioned to appove Don Seconded. Motion Carried. 3. Big Sky EDA Update A number of trainings coming up (all virtual). Can tune into those via the website. One specifically for Women, (Women on the Rise), 6 trainings, one every Wednesday. There are a lot of options for trainings Covid Program update: We are assisting with PPP and other loans to businesses. Big Sky Trust Fund grant is also available for workforce and other needs. 4. Beartooth RC&D Update New Business 5. Small Grant Application: Atkins 3rd Avenue Members discussed the need for further. Members would like to get further details on the project, either concept, or current status. Would like more Details on the work being completed. 141 The Chair tabled the item until such time as the applicant provides additional information and details on the project. 6. Small Grant Application: Rutt - Kwiki Car Wash Sign Members reviewed the Kwiki Car Wash application. Discussed the application and the design images. Don motioned tyo approve the application for the sign grant for Kwiki Car Wash in the amount of Mardie Seconded. Motion Carried. 7. Small Grant Application: Sunlight Properties - S. 1st Ave Members Don motioned to approved the Small Grant Application for Sunlight Properties for $2,111.14 Mardie Seconded. Motion Carried. Old Business Other Items 8. Discussion: 2021 Large Grants Nick discussed that he will be opening the Large Grants Program from March 1st to June 1st. Discussion on projects downtown including: Landscaping Plans Parking Plan (angled parking) Lighting Plan Nick will also try to reach out to the RR for possible landscaping along the southern portion of Main Street. Cotter has train car on his property that could make a great RR Museum. Members discussed increasing the Large Grant to 275,000. People are hurting and they WANT to do projects but need help. Don Motioned to recommend an increase the Large Grant Program Budget to $275,000. Mardie Seconded. Motion Carried. Richard Herr mentioned that providing MORE information to Council is better. Provide information on the previous grants and the impacts. 142 Michelle asked if any previous recipients could come forward to vouch for the program? Don said that many of them would definitely come back because they were greatly helped. Mardie suggested that a letter, or other correspondence. Richard Herr said that the Council appreciates people coming in front of them to speak about issues. Janice asked if we can mail something out to the major property owners within the district? Members discussed how no one knew about the program for a very long time. Have had an issue with marketing and awareness of the program. Michelle suggested doing a Facebook Live session to discuss LURA and its grant programs. Form Letter Facebook Post/Live session Laurel Chamber of Commerce Outlook. Announcements 9. Adjourn The Chair adjourned the meeting at 11:51am. 10. Next Meeting: March 15, 2021 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 143 File Attachments for Item: 16. Resolution No. R21-18: A Resolution Of The City Council To Amend The Large Grant Request Program Budget Pursuant To The Recommendation Of The Laurel Urban Renewal Agency. 144 R21-18 Modifying the Large Grant Request Program Budget RESOLUTION NO. R21-18 A RESOLUTION OF THE CITY COUNCIL TO AMEND THE LARGE GRANT REQUEST PROGRAM BUDGET PURSUANT TO THE RECOMMENDATION OF THE LAUREL URBAN RENEWAL AGENCY. WHEREAS, the City Council previously created the Laurel Urban Renewal Agency (LURA), pursuant to Ordinance No. 08-09 as codified at Title 18, Chapters 18.02 and 18.04 of the Laurel Municipal Code, to provide input and recommendations regarding the most effective uses of resources gained from the Tax Increment Finance (TIF) District; and WHEREAS, the City Council appointed a LURA Board of Commissioners, pursuant to Resolution No. R08-123, who are responsible for providing guidance and recommendations to the City Council as to the best use of unencumbered available tax increment funds consistent with the Urban Renewal Plan that was additionally adopted by the City Council and codified at Chapter 18.04.020 of the Laurel Municipal Code; and WHEREAS, the City Council previously created a grant program called the Large Grant Request Program and the Program initially included a maximum grant of $75,000 per eligible grantee for qualified projects which was subsequently raised to $100,000 by the City Council; and WHEREAS, the LURA Board of Commissioners determined that based upon the program’s success and the increasing numbers of requests for grants, that it is in the best interest of the City to further increase the budget from $225,000 to $275,000; and WHEREAS, the City Council reviewed the recommendation provided by the LURA Board of Commissioners and Staff and has determined that increasing the budget available for the Large Grant Request Program is consistent with the goals and objectives contained in the City’s Urban Renewal Plan and is in the best interest of the City of Laurel and its citizens. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the Large Grant Request Program Budget is modified and increased to $275,000. The remaining terms and conditions of the Large Grant Request Program shall remain in effect. Introduced at a regular meeting of the City Council on March 23, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 23rd day of March 2021. APPROVED by the Mayor this 23rd day of March 2021. CITY OF LAUREL 145 R21-18 Modifying the Large Grant Request Program Budget ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 146 Laurel Urban Renewal Agency February 24, 2021 Request for Laurel Urban Renewal Agency Large Grant Program Budget Increase Mr. Mayor and City Council Members, The Laurel Urban Renewal Agency respectfully requests the Laurel City Council consider an increase of the budget of the Large Project Grant program from $225,000 to $275,000. Discussions have taken place at multiple meetings on this subject and its importance for the Tax Incremental Financing District. Members of the Laurel Urban Renewal Agency voted on February 22, 2021 to seek an increase of the budget for the LURA Large Grant Program to $275,000. The Large Grant Program has seen requests for funding totaling upwards of $400,000 in recent years. Property owners and businesses in the district have been able to utilize the Large Grant Program to accomplish projects that would normally be out of their reach without support. Over the past two years, downtown property owners and businesses have used the Large Grant Program to:  Acquire new property to expand their businesses,  Demolish aging and unused structures to rebuild,  Stabilize structural foundations,  Rehabilitate aging housing stock for new uses,  Improve energy efficiency of historic downtown buildings, and  Update utilities and ventilation systems for tenants This budget increase would:  Open up new funding supports for residents and businesses,  Create more opportunities for district residents and businesses to improve the downtown district, and  Give LURA members greater flexibility to allocate funding to prospective projects. Thank you for your consideration on this matter. Regards, Nick Altonaga, CFM Planning Director 147 File Attachments for Item: 17. Resolution No. R21-19: A Resolution Of The City Council Authorizing The Mayor To Sign A Memorandum Of Understanding With The Laurel Lions Club And Laurel Community Foundation Accepting Donations For Improvements At The Laurel Lion’s Family Park. 148 R21-19 Approve MOU City of Laurel, Laurel Lions and Laurel Community Foundation RESOLUTION NO. R21-19 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE LAUREL LIONS CLUB AND LAUREL COMMUNITY FOUNDATION ACCEPTING DONATIONS FOR IMPROVEMENTS AT THE LAUREL LION’S FAMILY PARK. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Memorandum of Understanding (“MOU”) between the City of Laurel, Laurel Lions Club, and Laurel Community Foundation, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute the MOU on behalf of the City. Introduced at a regular meeting of the City Council on March 23, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 23 rd day of March 2021. APPROVED by the Mayor this 23rd day of March 2021. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 149 1 MEMORANDUM OF UNDERSTANDING The City of Laurel (“City”), Laurel Lions Club (“Lions Club”), and the Laurel Community Foundation (“Foundation”) enter into this Memorandum of Understanding (“MOU”) for the purpose of formalizing their mutual agreement to transfer funds from the Lions Club and Foundation to the City of Laurel for the purpose of providing financial assistance to the City for the on-going project located at the Laurel Lion’s Family Park, located in Laurel, Montana. The project constitutes the design and construction of a fishing pier and trail improvements and hereinafter shall be referred to as “Project.” WHEREAS, the City of Laurel applied for grant funds from the Montana Department of Justice, Natural Resource Damage Program (“MTDOJ”) to be utilized for the planning, design and construction of an eligible restoration project as part of MTDOJ’s settlement of a local oil spill; WHEREAS, the City entered into an agreement per City Council Resolution No. R20-68 with MTDOJ to construct a fishing pier and trail improvements at the Laurel Lion’s Park as an eligible restoration project; WHEREAS, the Lions Club and Foundation collected donated funds through the Lions International and other local donors to provide as matching funds to the City to support the Project; and WHEREAS, in order to assist the City to pay for the engineering and construction of the Project it will be necessary to transfer both the Lions Club and Foundation’s respective funds to the City to help pay for a portion of the overall Project; and WHEREAS, the City, Lions Club, and Foundation enter into this MOU to accomplish the transfer and payment of funds for the Project. International Grant Funds and to the City for the purpose of paying for expenses related to the project; and BASED on the recitals, the City, Lions Club, and foundation agree as follows: 1. The City will initially front the cost of engineering and construction for the Project so long as the Parties agree to utilize a competitive bid process and as a result of the bid process there are sufficient grant funds to pay for the Project. 2. If there are sufficient grant funds available to construct the Project, the City shall award the Project to the lowest responsible competitive bidder that is in the best interest of the Parties in order to proceed with the Project. 3. The City shall first utilize MTDOJ grant funds to pay for the construction. The City shall notify the Lion’s Club and Foundation when the City’s MTDOJ grant funds are spent. The Lions Club and Foundation agree to transfer their grant funds to the City 150 2 to pay for the remaining construction to complete the Project within ten (10) business days of receiving notice from the City. 4. The Parties acknowledge and agree that if it appears the total amount of available grant funds are not sufficient to pay for the Project, the City may rebid, postpone or terminate the Project until sufficient funds are available to proceed with construction of the Project. Any delay in the Project may jeopardize the availability of the MTDOJ grant funds. Dated this__________day of_________________, 2021 __________________________________ City Mayor Dated this__________day of_________________, 2021 __________________________________ Laurel Lions Club President Dated this__________day of_________________, 2021 __________________________________ Laurel Community Foundation 151 File Attachments for Item: 18. Resolution No. R21-20: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Rocky Mountain Doors For The Purchase And Installation Of A Door For The City’s Water Plant. 152 R21-20 Approve Contract Rocky Mountain Doors RESOLUTION NO. R21-20 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH ROCKY MOUNTAIN DOORS FOR THE PUCHASE AND INSTALLATION OF A DOOR FOR THE CITY’S WATER PLANT. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract (“Contract”) recommended by the Mayor, City Attorney and Staff, is attached hereto and incorporated herein and is hereby approved. Section 2: Adoption. The Mayor and City Clerk are hereby authorized to execute the Contract on the City’s behalf. Introduced at a regular meeting of the City Council on March 23, 2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 23rd day of March 2021. APPROVED by the Mayor this 23rd day of March 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 153 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 23rd day of March, 2021, 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 Rocky Mountain Doors, a contractor licensed to conduct business in the State of Montana, whose address is 131 Moore Lane Billings, MT 59101, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated January 29, 2021, 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 eighteen thousand seven hundred ninety one dollars and sixty six cents ($18,791.66) 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, 154 Page 2 of 5 agreements or sub-contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct 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. 155 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. 156 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. 157 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF MARCH, 2021. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Thomas C. Nelson, Mayor Rocky Mountain Doors ATTEST: Employer Identification Number ___________________________________ __________________________ Bethany Langve, Clerk/Treasurer 158 1 5 9 1 6 0 File Attachments for Item: 19. Resolution No. R21-21: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With CIP Construction Technologies, Inc. For The Rehabilitation And Repair Of Certain Sewer Manholes For The City Of Laurel. 161 R21-21 Approve Contract CIP Construction Technologies, Inc RESOLUTION NO. R21-21 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH CIP CONSTRUCTION TECHNOLOGIES, INC. FOR THE REHABILITATION AND REPAIR OF CERTAIN SEWER MANHOLES FOR THE CITY OF LAUREL. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract (“Contract”) recommended by the Mayor and Staff, is attached hereto and incorporated herein and by adoption of the resolution, hereby approved. Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized to execute the Contract on the City’s behalf. Introduced at a regular meeting of the City Council on March 23, 2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 23rd day of March 2021. APPROVED by the Mayor this 23rd day of March 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 162 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 23rd day of March, 2021, 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 CIP Construction Technologies, Inc., a contractor licensed to conduct business in the State of Montana, whose address is 134 1st Ave W Kalispell, MT 59901, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated March 15, 2021, attached hereto as Exhibit “A” and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of commencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit “A”. SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor seventeen thousand four hundred eighty five dollars and no cents ($17,485.00) for the work described in Exhibit A. Any alteration or deviation form the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, 163 Page 2 of 5 agreements or sub-contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. 164 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. 165 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. 166 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF MARCH, 2021. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Thomas C. Nelson, Mayor CIP Construction Technologies, Inc. ATTEST: Employer Identification Number ___________________________________ __________________________ Bethany Langve, Clerk/Treasurer 167 1 6 8 File Attachments for Item: 20. Resolution No. R21-22: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Laurel Power Systems For Purchase And Installation Of A New Aftercooler For The City’s Water Treatment Plant. 169 R21- Approve Contract Laurel Power Systems RESOLUTION NO. R21-__ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH LAUREL POWER SYSTEMS FOR PURCHASE AND INSTALLATION OF A NEW AFTERCOOLER FOR THE CITY’S WATER TREATMENT PLANT. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract (“Contract”) recommended by the Mayor and Staff, is attached hereto and incorporated herein and by adoption of the resolution, hereby approved. Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized to execute the Contract on the City’s behalf. Introduced at a regular meeting of the City Council on __________, 2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this ___ day of _______________2021. APPROVED by the Mayor this ___ day of _________________ 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 170 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 23rd day of March, 2021, 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 Laurel Power Systems, a contractor licensed to conduct business in the State of Montana, whose address is P.O. Box 514 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 March 10, 2021, 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 fifteen thousand five hundred eighteen dollars and seventy five cents ($15,518.75) 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, 171 Page 2 of 5 agreements or sub-contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct 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. 172 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. 173 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. 174 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF MARCH, 2021. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Thomas C. Nelson, Mayor Laurel Power Systems ATTEST: Employer Identification Number ___________________________________ __________________________ Bethany Langve, Clerk/Treasurer 175 Laurel Power Systems P.O. Box 514 Laurel, MT 59044 (406) 690-0601 jourdan@laurelpowersystems.com www.laurelpowersystems.com Estimate ADDRESS City of Laurel P.O. Box 10 Laurel, MT 59044 SHIP TO Water Treatment Plant ESTIMATE #DATE 1001 03/10/2021 ACTIVITY DESCRIPTION QTY RATE AMOUNT 03/10/2021 Parts New Aftercooler and all associated parts and gaskets 1 14,598.75 14,598.75T Labor R&R for aftercooler and associated parts 1 920.00 920.00T SUBTOTAL 15,518.75 TAX (0%) 0.00 TOTAL $15,518.75 Accepted By Accepted Date 176 File Attachments for Item: 21. Ordinance No. O21-02: An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel Municipal Code Relating To The Adoption And Enforcement Of Building Codes For The City Of Laurel As Required By The State Of Montana. 177 Ordinance No. O21-02 LMC Title 14 Building and Construction Amendments ORDNANCE NO O21-02 AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 14 OF THE LAUREL MUNICIPAL CODE RELATING TO THE ADOPTION AND ENFORCEMENT OF BUILDING CODES FOR THE CITY OF LAUREL AS REQUIRED BY THE STATE OF MONTANA. WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and updating chapters, sections and subsections to address situations and problems within the City and to remain in accordance with Montana law; and WHEREAS, the City’s Public Works Department Staff worked with Building Officials from the State of Montana to prepare the amendments to the Laurel Municipal Code to remain consistent and in accordance with the rules adopted by the State of Montana, Building Codes Bureau. WHEREAS, City Staff prepared, reviewed, and approved the following amendments to the existing Title 14 as noted herein and hereby recommends the same to the City Council for their full approval. Title 14 BUILDINGS AND CONSTRUCTION Chapter 14.12 - INTERNATIONAL BUILDING CODE, 2018 EDITION NEW SECTIONS: 14.12.030 – Modifications to the International Building Code A. Section 101.1 – Insert: City of Laurel – So that it reads: These regulations shall be known as the Building Code of City of Laurel, hereinafter referred to as “this code.” B. Section 1612.3 – Insert: Yellowstone County, Montana and Incorporated Area and November 6, 2013 – So that it reads: “The Flood Insurance Study for Yellowstone County, Montana and Incorporated Area dated November 6, 2013, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. 14.12.040 – Violation – Penalty Any person violating a provision of this chapter may, upon conviction thereof, be punished as set forth in Section 1.36.010 of this code. 178 Ordinance No. O21-02 LMC Title 14 Building and Construction Amendments Chapter 14.16 - INTERNATIONAL RESIDENTIAL BUILDING CODE, 2018 EDITION NEW SECTIONS: 14.16.030 – Modifications to the International Residential Building Code A. Section R101.1 – Insert: City of Laurel – So that it reads: These provisions shall be known as the Residential Code for One- and Two-family Dwellings of City of Laurel and shall be cited as such and will be referred to herein as “this code”. 14.16.040 – Violation – Penalty Any person violating a provision of this chapter may, upon conviction thereof, be punished as set forth in Section 1.36.010 of this code. Chapter 14.18 - INTERNATIONAL EXISTING BUILDING CODE, 2018 EDITION NEW SECTIONS: 14.18.030 – Modifications to the International Existing Building Code. A. Section 101.1 – Insert: the City of Laurel – So that it reads: These regulations shall be known as the Existing Building Code of the City of Laurel, herein referred to as “this code”. 14.18.040 – Violation – Penalty Any person violating a provision of this chapter may, upon conviction thereof, be punished as set forth in Section 1.36.010 of this code. Chapter 14.22 - INTERNATIONAL ENERGY CONSERVATION CODE, 2018 EDITION NEW SECTIONS: 14.22.030 – Modifications to the International Energy Conservation Code. A. Section C101.1 – Insert: the City of Laurel – so that the section reads; This code shall be known as the Energy Conservation Code of the City of Laurel, and shall be cited as such. It is referred to herein as “this code”. B. Section R101.1 – Insert: the City of Laurel – so that the section reads: This code shall be known as the Energy Conservation Code of the City of Laurel, and shall be cited as such. It is referred to herein as “this code”. 14.22.040 – Violation – Penalty Any person violating a provision of this chapter may, upon conviction thereof, be punished as set forth in Section 1.36.010 of this code. 179 Ordinance No. O21-02 LMC Title 14 Building and Construction Amendments Chapter 14.23 - INTERNATIONAL SWIMMING POOL AND SPA CODE, 2018 EDITION NEW SECTIONS: 14.16.030 – Modifications to the International Swimming Pool and Spa Code A. Section 101.1 – Insert: The City of Laurel – So that it reads: These regulations shall be known as the Swimming Pool and Spa Code of the City of Laurel, hereinafter referred to as “this code”. B. Section 105.6.2 shall be amended to read – The fees for work shall be as established in the fee schedule adopted by resolution of the City Council. 14.16.040 – Violation – Penalty Any person violating a provision of this chapter may, upon conviction thereof, be punished as set forth in Section 1.36.010 of this code. This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on March 23, 2021, by Council Member ___________________. PASSED and ADOPTED by the Laurel City Council on second reading this ___ day of ________________, 2021, upon motion of Council Member __________________. APPROVED BY THE MAYOR this ___ day of _______________, 2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 180