OFFICIAL AGENDA TUESDAY May 31, 2016 Meeting Start Time: 9:30 a.m. Board of County Commissioners Yellowstone County, Montana Yellowstone County Courthouse 217 N. 27th Street Room 403A Billings, MT 9:00 a.m. Agenda Setting
Pledge to the Flag: Moment of Silence: Minutes
9:30 a.m. PRESENTATION BillingsWorks - Presentation of Findings from the 2016 State of the Workforce
9:30 a.m. BID OPENING Bid Opening for Asphaltic Mix for the 2016-2017 Paving Season
REGULAR AGENDA
1. FINANCE Public Hearing Notice for the Preliminary Budget Proposal for the Preliminary Budget Proposal for Fiscal Year 2016-2017 - Public Hearings will be held Monday June 13, 2016 9:00 a.m. and Continue Hearings through 4:30 p.m. Friday June 17, 2016 CLAIMS
CONSENT AGENDA
1. PURCHASING a. The Elections Department is requesting commissioner approval for funding to purchase a US Micro computer for their tabulating system. This purchase was not anticipated and is not included in their list of approved capital expenditures for the current fiscal year. b. Contract With Fisher Sand & Gravel for the Purchase of Road Materials for the 2016-2017 Construction Season for the Public Works Department. c. Contract With Knife River-Billings for the Purchase of Road Materials for the 2016-2017 Construction Season for the Public Works Department. d. Request to Expend from the Public Works Department for the Purchase of a Mechanical Sweeper e. Contract With H.L. Ostermiller Construction for the Purchase of Road Materials for the 2016-2017 Construction Season for the Public Works Department f. Contract with Johnson Lane Materials for the Purchase of Road Materials for the 2016-2017 Construction Season for the Public Works Department
2. COMMISSIONERS Board Openings - Various
3. COURT SERVICES Contract for Youth Services Center to Provide Services to Youth Referred by Court Services 5/1/16-6/30/17
4. COUNTY ATTORNEY a. Dissolution of Temporary Easement for Botrell Subdivision b. Release of Restrictions for Botrell Subdivision c. Renewal of DUI Task Force Strategic Plan for 7/1/16-6/30/17
5. FINANCE Renew Contract for Annual Evaluation of Post-Employment Benefits Required for Financial Statements
6. PLANNING DEPARTMENT Final Resolution 16-68 for Zone Change #672 - A Zone Change Request from Agriculture-Open Space (A-1) to Agriculture (AS) on Lot 71 of Sunny Cove Fruit Farms, a 9.43-Acre Parcel of Land
7. PUBLIC WORKS MOU for Maintenance of the New Roundabout for 56th St. W. & King Ave. W.
8. YOUTH SERVICES By-Law Change for Youth Services Board of Directors
9. HUMAN RESOURCES PERSONNEL ACTION REPORTS - IT - 2 Terminations; Sheriff's Office - 1 Termination; Finance - 1 Salary & Other; County Attorney - 1 Appointment
FILE ITEMS
1. AUDITOR May 1st to May 15th Payroll Audit
2. CLERK AND RECORDER Board MInutes - Yellowstone Conservation District, Adult Resource Alliance,Shepherd Cemetery District
3. COMMISSIONERS Resignation - Liz Harding from Historic Preservation Board
4. HUMAN RESOURCES Response to May 1st through May 15th Payroll Audit
PUBLIC COMMENTS ON COUNTY BUSINESS
B.O.C.C. Regular Agenda Item Meeting Date: 05/31/2016 Title: Submitted By: Teri Reitz, Board Clerk
TOPIC: BillingsWorks - Presentation of Findings from the 2016 State of the Workforce
BACKGROUND: N/A
RECOMMENDED ACTION: N/A
B.O.C.C. Regular Agenda Item Meeting Date: 05/31/2016 Title: Submitted By: Teri Reitz, Board Clerk
TOPIC: Bid Opening for Asphaltic Mix for the 2016-2017 Paving Season
BACKGROUND: Bid Opening
RECOMMENDED ACTION: Approve
B.O.C.C. Regular Agenda Item 1. Meeting Date: 05/31/2016 Title: Submitted By: Teri Reitz, Board Clerk
TOPIC: Public Hearing Notice for the Preliminary Budget Proposal for the Preliminary Budget Proposal for Fiscal Year 2016-2017 - Public Hearings will be held Monday June 13, 2016 9:00 a.m. and Continue Hearings through 4:30 p.m. Friday June 17, 2016
BACKGROUND: Budget Hearing Notice
RECOMMENDED ACTION: Approve
Attachments PH Notice NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Yellowstone County, Montana has completed the preliminary budget proposals for fiscal year 2016-2017 and will conduct public hearings on said budget. The proposed budget also contains the proposed use of the statutory permissive medical levy. The preliminary budget has been placed on file and is open to public inspection in Room 403, fourth floor, Yellowstone County Courthouse. The Board of County Commissioners of Yellowstone County will commence the hearings on Monday June 13, 2016 at 9:00 a.m. and continue hearings through 4:30 p.m. Thursday June 17, 2016 in the Commissioners' Board Room 403A, fourth floor, Yellowstone County Courthouse, and any taxpayer may appear at said meeting and provide testimony either for or against any part of proposed budget amendments. If more information is desired you may contact the Board of County Commissioners, Courthouse Room 403, Billings, MT 59107 406- 256-2701.
DATED this 31st day of May, 2016.
/s/ Jeff Martin, Clerk and Recorder Yellowstone County, Montana
Notice to run June 3 and June 10
B.O.C.C. Regular Agenda Item 1. a. Meeting Date: 05/31/2016 Title: Request from the Elections Department for commissioner approval for funding to purchase a US Micro computer Submitted For: Steve Krogstad, Purchasing Agent Submitted By: Steve Krogstad, Purchasing Agent
TOPIC: The Elections Department is requesting commissioner approval for funding to purchase a US Micro computer for their tabulating system. This purchase was not anticipated and is not included in their list of approved capital expenditures for the current fiscal year.
BACKGROUND: The Elections Department is requesting commissioner approval for funding to purchase a US Micro NUC computer for their tabulating system; the total cost is $795.00. The computer they are currently using is outdated and cannot be upgraded to the level needed to run the new software for the system. This purchase was not anticipated and is not included in their list of capital expenditures for the current fiscal year so approval for funding is required. If approved the purchase would be made using funds from the general fund capital expenditure account. The Elections Department will need the new computer in time for the primary election on June 7 so is making the request now rather than putting it in their 2016/2017 budget.
RECOMMENDED ACTION: Approve the request so the computer can be ordered.
Attachments RTE
B.O.C.C. Regular Agenda Item 1. b. Meeting Date: 05/31/2016 Title: Contract with Fisher Sand & Gravel for the purchase of road materials for the 2016-2017 construction season Submitted For: Steve Krogstad, Purchasing Agent Submitted By: Steve Krogstad, Purchasing Agent
TOPIC: Contract With Fisher Sand & Gravel for the Purchase of Road Materials for the 2016-2017 Construction Season for the Public Works Department.
BACKGROUND: The county recently sent out a request for quotes for the purchase of road materials for the 2016-2017 construction season for the Public Works Department; four suppliers responded with quotes. The county will enter into contracts with all four so material can be purchased from the gravel pit that is the closest to their construction site and charges the best price. Having the ability to purchase from multiple pits will eliminate the need to purchase from just one site and should eliminate the need to transport the material over a long distance.
RECOMMENDED ACTION: Sign the contract and return a copy to the Purchasing Department.
Attachments Purch(\\sneezey)(P:)
B.O.C.C. Regular Agenda Item 1. c. Meeting Date: 05/31/2016 Title: Contract with Knife River-Billings for the purchase of road materials for the 2016-2017 construction season Submitted For: Steve Krogstad, Purchasing Agent Submitted By: Steve Krogstad, Purchasing Agent
TOPIC: Contract With Knife River-Billings for the Purchase of Road Materials for the 2016-2017 Construction Season for the Public Works Department.
BACKGROUND: The county recently sent out a request for quotes for the purchase of road materials for the 2016-2017 construction season for the Public Works Department; four suppliers responded with quotes. The county will enter into a contract with all four so material can be purchased from the gravel pit that is the closest to their construction site and charges the best price. Having the ability to purchase from multiple locations will eliminate the need to purchase from just one site and to transport the materials over a long distance.
RECOMMENDED ACTION: Sign the contract and return a copy to the Purchasing Department.
Attachments Purch(\\sneezey)(P:)
B.O.C.C. Regular Agenda Item 1. d. Meeting Date: 05/31/2016 Title: Request from the Pubic Works Department for commissioner apporval to purchase a mechanical sweeper Submitted For: Steve Krogstad, Purchasing Agent Submitted By: Steve Krogstad, Purchasing Agent
TOPIC: Request to Expend from the Public Works Department for the Purchase of a Mechanical Sweeper
BACKGROUND: The county entered into a Memorandum of Agreement with the Montana Department of Transportation whereby the MT DOT will provide 86.58% of the funding needed to purchase a $243, 778.63 mechanical sweeper for the Public Works Department. The program that provides this funding is the MT DOT's effort to address the need to improve air quality by reducing PM-10 particulate matter in Yellowstone County. As stated above, the total cost of the sweeper is $243,778.63, the Public Works Department's portion is 13.42%, $32,715.09. This purchase was not anticipated and is not included in their list of approved capital expenditures in this fiscal year but this is an opportunity to pick up a needed piece of equipment for a fraction of the total cost and the fund balance in their CIP account is more than adequate to cover the purchase.
RECOMMENDED ACTION: Approve the request so the mechanical sweeper can be purchased.
Attachments Purch(sneezey)(P:)
B.O.C.C. Regular Agenda Item 1. e. Meeting Date: 05/31/2016 Title: Contract with H.L. Ostermiller Construction for the purchase of road materials for the 2016-2017 construction season Submitted For: Steve Krogstad, Purchasing Agent Submitted By: Steve Krogstad, Purchasing Agent
TOPIC: Contract With H.L. Ostermiller Construction for the Purchase of Road Materials for the 2016-2017 Construction Season for the Public Works Department
BACKGROUND: The county recently sent out a request for quotes for the purchase of road materials for the 2016-2017 construction season for the Public Works Department; four suppliers responded with quotes. The county will enter into contracts with all four so material can be purchased from the gravel pit that is the closest to their construction site and charges the best price. Having the ability to purchase from multiple locations will eliminate the need to purchase from just one site and to transport the materials over a long distance.
RECOMMENDED ACTION: Sign the contract and return a copy to the Purchasing Department.
Attachments Purch(\\sneezey)(P:)
B.O.C.C. Regular Agenda Item 1. f. Meeting Date: 05/31/2016 Title: Contract with Johnson Lane Materials for the purchase of road materials for the 2016-2017 construction season Submitted For: Steve Krogstad, Purchasing Agent Submitted By: Steve Krogstad, Purchasing Agent
TOPIC: Contract with Johnson Lane Materials for the Purchase of Road Materials for the 2016-2017 Construction Season for the Public Works Department
BACKGROUND: The county recently sent out a request for quotes for the purchase of road materials for the 2016-2017 construction season for the Public Works Department; four suppliers responded with quotes. The county will enter into a contract with all four so material can be purchased from the gravel pit that is the closest to their construction site and charges the best price. Having the ability to purchase from multiple locations will eliminate the need to purchase from just one site and to transport the materials over a long distance.
RECOMMENDED ACTION: Sign the contract and return a copy to the Purchasing Department.
Attachments Purch(\\sneezey)(P:)
B.O.C.C. Regular Agenda Item 2. Meeting Date: 05/31/2016 Title: Board Openings - Various Submitted By: Paulette Turner-Byrd
TOPIC: Board Openings - Various
BACKGROUND: N/A
RECOMMENDED ACTION: Approval
Attachments Board Openings May 31, 2016 CITY/COUNTY PLANNING: DIST 4 2 year 1 full to 12/31/16 CITY/COUNTY PLANNING: DIST 6 2 year 1 partial to 12/31/17 NOTE: To be eligible for the above special district boards, applicants must live AND own property within the boundaries of the district. To find which planning district you live in, please contact the City/County Planning Division at 247-8676.
BILLINGS URBAN FIRE SERVICE AREA 3 year 2 full to 12/31/16 BLUE CREEK FIRE SERVICE AREA 3 year 2 full to 5/8/19 HUNTLEY PROJECT FIRE SERVICE AREA 3 year 1 full to 6/30/19 LAUREL CITY/COUNTY PLANNING 2 year 1 full to 6/30/17 LAUREL FIRE DISTRICT #7 3 year 2 full to 12/31/16 1 full to 12/31/17 2 full to 12/31/18 LAUREL URBAN FIRE SERVICE AREA 3 year 2 full to 6/30/19 NOTE: To be eligible for the above special district boards, applicants must live OR own property within the boundaries of the district.
BICYCLE & PEDESTRIAN ADVISORY 3 year 1 full to 12/31/18 NOTE: To be eligible for the above board, applicants must live outside the incorporated limits of the City of Billings.
HISTORIC PRESERVATION 2 year 1 partial to 12/31/16 NOTE: The above appointment may have certain occupational requirements for eligibility. Please contact Lora Mattox, Historic Preservation Officer, at 247-8622.
APPLICATIONS FOR THE ABOVE POSITIONS WILL BE ACCEPTED UNTIL 5:00 P.M. ON THURSDAY, JUNE 30, 2016
May 17, 2016 BICYCLE & PEDESTRIAN ADVISORY 3 year 1 full to 12/31/18 NOTE: To be eligible for the above board, applicants must live outside the incorporated limits of the City of Billings.
ZONING COMMISSION 2 year 2 full to 6/30/18 NOTE: Eligible applicants for the above board must live outside of the limits of the City of Billings, but within the 4-1/2 mile zoning boundary. For further information, please contact Nicole Cromwell, Zoning Coordinator, at 657-8246.
LOCKWOOD PEDESTRIAN SAFETY DISTRICT ADV. 1 year 3 full to 12/31/16
APPLICATIONS FOR THE ABOVE POSITION WILL BE ACCEPTED UNTIL 5:00 P.M. ON THURSDAY, JUNE 16, 2016
Applications can be picked up in Room 403 of the County Courthouse, downloaded from our website at www.co.yellowstone.mt.gov under the Commissioners page, or call 256-2701 to have an application mailed to you. For a contact name for further information about a board you are interested in, please contact us at 256-2701.
All applications should be returned to: Board of County Commissioners P.O. Box 35000 Billings, MT 59107-5000
B.O.C.C. Regular Agenda Item 3. Meeting Date: 05/31/2016 Title: Group Outpatient Treatment Contract Submitted By: Paulette Turner-Byrd
TOPIC: Contract for Youth Services Center to Provide Services to Youth Referred by Court Services 5/1/16-6/30/17
BACKGROUND: This is a renewal contract
RECOMMENDED ACTION: Approval
Attachments Group Outpatient Treatment Yellowstone Coenty Consnisoioners RECEIVED MAY 2 3 2016 YELLOWSTONE COUNTY DOCUMENT ROUTING SLIP & AGENDA REQUEST —
r r C'' k- 77 a_ ko / Title of Document '. C t i t 4'h T'Z'C' Z 1' J7--
Document/ Contract/ Grant Agreement is: New Renewal
ORIGINATING DEPARTMENT: Cc, v 1 62S ** Copy Requested Has originating department addressed the concerns listed below?
PURPOSE OF DOCUMENT: —v-in/'- . 9i s v
Ye h / f-' e k3 You /- 4 Cvu v 5 e S -i 6 o 7 rn,vo co< r` 5, )lic c Date Needed/ Agenda Date:
DEPARTMENTS THAT NEED TO REVIEW DOCUMENT:
COUNTY ATTORNEY Receipt date: Date out: Reviewed by Copy Requested Comments
FINANCE Receipt date: Date out: Reviewed by Copy Requested Comments
OTHER Receipt date: Date out: Reviewed by Copy Requested _ Comments
OTHER Receipt date: Date out: Reviewed by Copy Requested Comments
OTHER Receipt date: Date out: Reviewed by Copy Requested Comments
Please check box if your department would like a copy after execution MAY 0 2 2016 Group Outpatient Treatment
1. PARTIES
THIS CONTRACT is entered into by and between the State of Montana, Office of Court 13th Administrator and the Judicial District Youth Court Services, ( hereinafter referred to as the State") whose address and phone number are PO Box 35031, Billings, MT 59107, ( 406) 256- 2838 and Yellowstone County Youth Services Center ( hereinafter referred to as the " Contractor"), whose address, phone number and Federal Tax ID number are PO Box 30856, Billings, MT 59107, ( 406)
256- 6825, and Federal Tax ID # 81- 6001449.
THE PARTIES AGREE AS FOLLOWS:
2. EFFECTIVE DATE AND DURATION.
This contract shall take effect on May 1, 2016 and terminate on June 30, 2017, unless terminated earlier in accordance with the terms of this contract ( Section 18- 4-313, MCA).
3. SERVICES AND/ OR SUPPLIES
The Contractor agrees to provide to the State t', e following:
This program provides a resource to effectively address substance abuse in a group setting. Contractor will provide a licensed addiction counselor (LAC) and other staff as necessary for group sessions and appropriate facilities for the meetings to be held. This program is focused on those at- risk and court-involved youth who do not have the financial resources to access identified service needs.
Each youth referred to the program will be approved to receive services for no more than 3 times per week for a maximum of 9 weeks. Special consideration will be given to extend the length of participation on a case- by- case basis approved by authorized probation staff.
As the Laurel Outpatient Group only meets one time per week, rather than 3, in order to get the same amount of sessions as the Billings treatment group these services can last up to 27 CONSECUTIVE weeks.
OUTCOME MEASURES
Recidivism, Court services will monitor sobriety for those youth completing treatment by random urinalysis testing. Youth will be referred to this program that has a history of drug and/or alcohol related dependency and abuse issues. Court Services staff will provide outcome measures pertaining to additional arrests made while in and after program completion. Those youth who receive no new charges while participating in and following the completion of these services will be considered as successful participants. 4. CONSIDERATION/ PAYMENT
4. 1 Payment Schedule. In consideration for the services to be provided, the State shall pay according to the following schedule:
20. 00 per session, per youth, per actual attendance. Maximum of 3 sessions per week, 9 weeks per youth for an estimation of 35 youth per year. Services will be billed for actual days of attendance only. Contractor will provide, when invoicing, the original youth sign- in sheet that each youth will be required to sign in order to document attendance.
When invoicing, contractor will indicate first day of attendance on the actual invoice so that both the Contractor and state have verification of the start date. They will also indicate, from the start date, what the nine week billable period will be. They will include this information on all Group outpatient invoices.
Total payment under this contract may not exceed $ 18, 900. The Contractor shall submit a monthly invoice to the 13th Judicial District Youth Court for approval indicating, names of youth or families served, days served, cost per service, and total cost. Invoices will not be processed for payment unless the required information and outcome measures are submitted.
4. 2 Withholding of Payment. The State may withhold payments to the Contractor if the Contractor has not performed in accordance with this contract. Such withholding cannot be greater than the additional costs to the State caused by the lack of performance.
5. ACCESS AND RETENTION OF RECORDS
5. 1 Access to Records. The Contractor agrees to provide the State, Legislative Auditor or their authorized agents access to any records necessary to determine contract compliance Section 18- 1- 118, MCA).
5. 2 Retention Period. The Contractor agrees to create and retain records supporting the services for a period of five years after either the completion date of this contract or the conclusion of any claim, litigation or exception relating to this contract taken by the State of Montana or a third party.
6. ASSIGNMENT, TRANSFER AND SUBCONTRACTING
The Contractor shall not assign, transfer or subcontract any portion of this contract without the express written consent of the State ( Section 18- 4- 141, MCA). The Contractor shall be responsible to the State for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. No contractual relationships exist between any subcontractor and the State.
The parties intend that the relationship created by this contract is that of employer/independent contractor. No employee or agent of Contractor is or shall be deemed to be an employee or agent of the State.
7. HOLD HARMLESS/ INDEMNIFICATION
2 The Contractor agrees to protect, defend, and save the State, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Contractor's employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Contractor and/or its agents, employees, representatives, assigns, or subcontractors, except the sole negligence of the State, under this agreement.
8. REQUIRED INSURANCE
8. 1 General Requirements. The Contractor shall maintain for the duration of the contract, at its cost and expense, insurance against claims for injuries to persons or damages to property, including contractual liability, which may arise from or in connection with the performance of the work by the Contractor, agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission.
8. 2 Primary Insurance. The Contractor's insurance coverage shall be primary insurance as respect to the State, its officers, officials, employees, and volunteers and shall apply separately to each project or location. Any insurance or self-insurance maintained by the State, its officers, officials, employees or volunteers shall be excess of the Contractor' s insurance and shall not contribute with it.
8. 3 Specific Requirements for Commercial General Liability. The Contractor shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $ 300, 000 per occurrence and $ 600,000 aggregate per year to cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns or subcontractors.
8. 4 Certificate of Insurance. The Contractor shall submit a certificate of insurance from an insurer indicating compliance with the required coverages. The Contractor must notify the State immediately, of any material change in insurance coverage, such as changes in limits, coverages, change in status of policy, etc. The State reserves the right to require complete copies of insurance policies at all times.
9. COMPLIANCE WITH WORKERS' COMPENSATION ACT
Contractors are required to comply with the provisions of the Montana Workers' Compensation Act while performing work for the State of Montana in accordance with sections 39-71- 401, 39- 71- 405, and 39- 71- 417, MCA. Proof of compliance must be in the form of workers' compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. Neither the contractor nor its employees are employees of the State. This insurance/ exemption must be valid for the entire term of the contract. A renewal document must be sent to the state upon expiration.
10. COMPLIANCE WITH LAWS
The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Contractor subjects subcontractors to the same provision. In accordance with section 49- 3-207,
3 MCA, the Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract.
11. CONTRACT TERMINATION
The State may, by written notice to the Contractor, terminate this contract without cause. The State must give notice of termination to the Contractor at least thirty days prior to the effective date of termination.
12. LIAISON AND SERVICE OF NOTICES
All project management and coordination on behalf of the State shall be through a single point of contact, the Court Administrator's Office, designated as the State's liaison. The Contractor shall designate a liaison, Val Weber, Director, who will provide the single point of contact for management and coordination of Contractor's work. All work performed pursuant to this contract shall be coordinated between the State' s liaison and the Contractor's liaison.
The State's liaison and Contractor's liaison may be changed by written notice to the other party. Written notices, requests, or complaints will first be directed to the liaison.
13. MEETINGS
The Contractor is required to meet with the State' s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract or to discuss the progress made by Contractor and the State in the performance of their respective obligations, at no additional cost to the State. Meetings will occur as problems arise and will be coordinated by the State. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract.
14. TRANSITION ASSISTANCE
If this contract is not renewed at the end of this term, or is terminated prior to the completion of a project, or if the work on a project is terminated, for any reason, the Contractor must provide for a reasonable period of time after the expiration or termination of this project or contract, all reasonable transition assistance requested by the State, to allow for the expired or terminated portion of the services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such services to the State or its designees. Such transition assistance will be deemed by the parties to be governed by the terms and conditions of this contract, except for those terms or conditions that do not reasonably apply to such transition assistance. The State shall pay the Contractor for any resources utilized in performing such transition assistance at the most current rates provided by the contract. If there are no established contract rates, then the rate shall be mutually agreed upon. If the State terminates a project or this contract for cause, then the State will be entitled to offset the cost of paying the Contractor for the additional resources the Contractor utilized in providing transition assistance with any damages the State may have otherwise accrued as a result of said termination.
4 15. CHOICE OF LAW AND VENUE
This contract is governed by the laws of Montana. The parties agree that any litigation concerning this bid, proposal or subsequent contract must be brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees ( Section 18- 1- 401, MCA).
16. SCOPE, AMENDMENT AND INTERPRETATION
16. 1 Contract. This contract consists of five numbered pages and any attachments as required. In the case of dispute or ambiguity about the minimum levels of performance by the Contractor the order of precedence of document interpretation is in the same order.
16. 2 Entire Agreement. These documents contain the entire agreement of the parties. Any enlargement, alteration or modification requires a written amendment signed by both parties.
17. EXECUTION
The parties through their authorized agents have executed this contract on the dates set out below.
13th Judicial District Ted Lechner Youth Services Center PO Box 35031 PO Box 30856 Billings, T 5910 Billings, MT 59107
BY: BY: / AL Ta Chief JPO Valarie Weber, Director
r DATE: 5-10 t DATE:
SUPREME COURT OF MONTANA COURT ADMINISTRATORS OFFICE
Beth McLaughlin, Court Administrator
DATE: L// ) / 7
DATED this day of 2015.
BOARD OF COUNTY COMMISSIONERS YELLOWSTONE COUNTY
Bill Kennedy
ATTEST: James E. Reno
John Ostlund Jeff Martin, Clerk and Recorder
5 trench,
B.O.C.C. Regular Agenda Item 4. a. Meeting Date: 05/31/2016 Title: Dissolution of Easement Submitted By: Jeff Martin, Clerk And Recorder
TOPIC: Dissolution of Temporary Easement for Botrell Subdivision
BACKGROUND: Temporary easement was never released and all roads and access in currentlt adequate.
RECOMMENDED ACTION: Approve
Attachments Dissolution of Easement
B.O.C.C. Regular Agenda Item 4. b. Meeting Date: 05/31/2016 Title: Release of Restrictions Submitted By: Jeff Martin, Clerk And Recorder
TOPIC: Release of Restrictions for Botrell Subdivision
BACKGROUND: Release prepared by County Attorney to satisfy Title Company request.
RECOMMENDED ACTION: Approve
Attachments Release of Restrictions Clerk and Recorder PO Box 35001 Billings, MT 59107
Release of Restrictions
WHEREAS, on May 30, 1996, Kathleen Herman and Karen Ososki, filed a Declaration of Restrictions on the development and transfer of certain portions of the S1/2 S1/2 NE1/4 of Section 24, Township 1 South, Range 25 East, P.M.M. in Yellowstone County, Montana. WHEREAS, the restrictions are outlined as follows:
1) Restrictions on Transfer, Sale or Conveyance. Lots 1, 2, and 3, Block 2, of the Bottrell Subdivision, Document No. 1838875 are not to be conveyed until a special improvement district or a private contract has been created or executed providing for the installation and construction of required public improvements.
2) Restrictions on Improvements. Lots 4 and 5, Block 1 of the Bottrell Subdivision, Document No. 1838875 may not have improvements constructed, erected or placed upon them unless and until a Release has been executed and recorded. The conditions of release read as follows:
1) Phase 1—Lot 1 shall not be released unless and until Trade Center Avenue is constructed across the frontage of each lot to Shackelford Road.
2) Phase 2—Lot 2 shall not be released unless and until Trade Center Avenue is constructed across its frontage to Shackelford Road and the required improvements are made to Shackelford Road across the frontage of Lot 2.
3) Phase 3—Lot 3 shall not be released unless and until Trade Center Avenue is constructed across its frontage to Shackelford Road and the required improvements are made to Shackelford Road across the frontage of Lot 3.
4) Phase 4—Lot 4 and Lot 5 shall not be released unless and until Trade Center Avenue is constructed across the frontage of each lot.
WHEREAS, the Yellowstone County Public Works Department and the Yellowstone County Planning Office have reviewed the improvements that are now constructed in the Bottrell Subdivision and indicate that the improvements satisfy the conditions of release.
IT IS HEREBY ORDERED by the Yellowstone County Commission that the restrictions upon the Bottrell Subdivision listed in the Declaration of Restrictions dated July 26, 1996 and recorded with the Yellowstone County Clerk and Recorderas document 1838878 are lifted and the restrictions on development and transfer of the property are hereby released. DATED this 31st day of May, 2016.
YELLOWSTONE COUNTY BOARD OF COMMISSIONERS
______Bill Kennedy, Chairperson
______James E. Reno, Commissioner
______John Ostlund, Commissioner
ATTEST:
______Jeff Martin, Clerk & Recorder
STATE OF MONTANA ) ss. County of Yellowstone )
On this _____ day of ______, 2016, before me, a notary public in the State of Montana, personally appeared Bill Kennedy, James E. Reno, John Ostlund, and Jeff Martin, known to me to be the Board of County Commissioners and the Clerk and Recorder, respectively, of Yellowstone County, whose names are subscribed to the foregoing instrument in such capacity and acknowledged to me that they executed the same on behalf of Yellowstone County, Montana.
______Notary
______Print Name
B.O.C.C. Regular Agenda Item 4. c. Meeting Date: 05/31/2016 Title: Renewal of DUI Task Force Plan Submitted By: Julie Elwell
TOPIC: Renewal of DUI Task Force Strategic Plan for 7/1/16-6/30/17
BACKGROUND: N/A
RECOMMENDED ACTION: Sign renewal
Attachments DUI Plan Yellowstone County DUI Task Force Strategic Plan July 1, 2016-June 30, 2017
Submitted to:
Kevin P. Dusko( kedusko @mt.gov), Transportation Planner, State Highway Safety Section, MT DOT
The Yellowstone County DUI Task Force is a group of diverse individuals comprised of concerned citizens, law enforcement, prosecutors, educators, prevention specialists, counselors, and area business representatives appointed by the County Commissioners with the mission of promoting a healthier and safer environment for county residents by attempting to reduce the number of alcohol related incidents through public education, awareness, legislation, and enforcement strategies.
Prepared by: Yellowstone County DUI Task Force Darla Tyler- McSherry, Coordinator, and Nicholas Owens, Chairman
Authors: Darla Tyler- McSherry and Nicholas Owens www. co. yellowstone. mt. gov/ dui
PO Box 20982
Billings, MT 59104
dtylermcsherry @hotmail. com
nowens@co. yellowstone. mt.gov
Approved:
DATE Drinking and Driving in Yellowstone County
Percent of Crashes by County that were Impaired Driver Involved in 20141: Yellowstone County: 9. 93% Missoula County: 8. 60% Gallatin County: 11. 36% Flathead County: 11. 23% Cascade County: 7. 20%
Number of Impaired Driver Involved Crashes in 2014:
Montana: 2108 Yellowstone County: 357 Missoula: 222 Gallatin County: 192 Flathead County: 234 Cascade County: 146
Number of Impaired Driver Involved Fatalities in 2014:
Montana: 117
Yellowstone County: 11 ( 68. 75% of fatal crashes in Yellowstone) Missoula County: 11 ( 84. 61% of fatal crashes in Missoula) Gallatin County: 5 ( 55. 55% of fatal crashes in Gallatin) Flathead County: 6 ( 50% of fatal crashes in Flathead) Cascade County: 11 ( 73. 33% of Fatal Crashes in Cascade)
Number of Impaired Driver Involved Serious Injury Crashes ( not including fatal crashes) in 2014: Montana: 329
Yellowstone: 25 ( 28. 74% of serious injury crashes in Yellowstone) Missoula County: 7 ( 7. 07% of serious injury crashes in Missoula) Gallatin County: 17 ( 17. 17% of serious injury crashes in Gallatin) Flathead County: 31 ( 32. 29% of serious injury crashes in Flathead) Cascade County: 7 ( 26. 92% of serious injury crashes in Cascade)
Yellowstone County Population in 2014( Est.): 155, 634
State of Montana Population 2014 ( Est.): 1, 023, 579
DUIs Per 1000 Citizens in 2009: Yellowstone County: 6 Yellowstone County excluding Billings and Laurel: 6
1 Based upon most recent crash data available from Montana Department of Transportation, online at http:// www. mdt. mt.gov/ publications/ datastats/ crashdata. shtml. May 19, 2016.
2 ) Laurel: 12
Billings: 5
Percent of Yellowstone County Youth who Drove after Drinking in Past 30 days
12th graders: 2008= 27. 1% 2010= 15. 7%
Percent of Yellowstone County Youth Who Rode in a Vehicle Driven by Someone Who Had Been Drinking Alcohol:
12th graders: 2008= 36. 3% 2010= 25. 8%
3 I DUI Related Offense Statistics for Yellowstone CountY
Top 5 DUI Arrest Charges Yellowstone County 4th Quarter 2015
Number of Arrests Per Charge
1. t:.ciuc: 1,. 1 • Aa,3. D11 • 2.L1. Ua.1._d ll.-
Top 10 DUI-Related Charges 4th Quarter 2015
L DUI Alcohol 15t 160
2. MW Alcohol 109
3. DUI Alcohol 2nd 68
4. Aggravated DUI Alcohol Pt 45
4th 5. DUI Alcohol or Subsequent 38
6. DUI Alcohol 314 30
7. DUI Any Drug 1= t 27 8. Open Container 23
9. Aggravated DUI Alcohol 2" 20
10. Criminal Endangerment- Felony 19
2 The Yellowstone County DUI Task Force, in partnership with local law enforcement agencies began tracking DUI
4th Arrest statistics beginning in the Quarter of 2015. This effort will continue. DUI Related Offense Statistics for Yellowstone County, cont.
Leading DUI Charges per Law Enforcement Agency (LEA) Total Number of DLTI- Related Arrests 4th Quarter 2015 Tie) MIP N=605 Alcohol & DUI Alcohol DUI Alcohol YCSO C 1t ( 64) 2" d( 34) Endangerment Felony( 19) DUI Alcohol Open MIP Alcohol Mme, V ( 30) Container( 23) 14)
DUI DUI Alcohol Agg. Agg. DUI BPD Alcohol 1* Alcohol 2nd 1, t( 51) 32) 19)
MIP Alcohol DUI Alcohol DUI Alcohol LPD 76) 1" ( 15) 2" d ( 11)
Common Issues Across the Board:
Each LEA had at least 1 arrest for the following charges:
DUI Alcohol 1st 160
DUI Alcohol 2° d 68
Aggravated DUI Alcohol 1st 45
DUI Alcohol 4th or subsequent 38
DUI Alcohol 3rd 30 DUI Any Drug 1" 27
51 Accomplishments of the Yellowstone County DUI Task Force 2015- 2016
Project Why it was a success
Increase number and frequency of DUI patrols, Enforcement of DUI laws;
shoulder taps, social host, and keggar patrols Prevention of underage
How: Provide funding for increased overtime DUI shifts; drinking; Reduce availability
Partner with Yellowstone County Multi-Jurisdictional of alcohol Alcohol Enforcement Team ( MJAET)
Increase efficiency and efficacy of law enforcement Enforcement of DUI laws;
DUI prevention and enforcement efforts More officers available to
How: Provide funding to replace outdated equipment, apprehend impaired drivers
e. g. PBT instruments and digital cameras) with a focus on repeat
and training ( recertification of DRE and Senior Operators) offenders) in Yellowstone Co.
Increase frequency and thoroughness of Enforcement of DUI laws; supervision of Felony DUI offenders Detection and arrest of parole
How: Fund overtime patrols for Probation and Parole and probation violations
Support alcohol- free activities for youth Positively change the
How: Fund alcohol- free high school graduation parties environment; Change norms
Support Youth intervention strategies Educate young- adults about
How: Partner with MSU- B HEROES proper assessment of high-
to provide education materials to students and parents risk behavior about underage drinking, responsible drinking, and provide funding for a social- norming campaign
Increase public awareness of DUI prevention and Address acceptance of DUI;
enforcement efforts in Yellowstone County Warn public of DUI cost;
How: Media Campaigns, visibility during Provide awareness of DUI Task
popular community events Force and our activities
Angel Tree and Award of Merit Ceremony Awareness of DUI issue;
How: Honor victims and law enforcement Publication of recent success;
o See attached Billings Gazette articles
Support for alternative transportation programs Keep impaired drivers off roads How: Fund Yellowstone County' s Tavern Taxi program Accomplishments of the Yellowstone County DUI Task Force 2015- 2016, cont.
Project Why it was a success
Active partnership with the Department of Publication of efforts to make
Transportation in support of the Vision Zero initiative MT roads safer and spread
How: Participation in Laurel overpass dedication message that no level of fatality Is inevitable or acceptable
Spread Task Force Message through Social Media Page reaches several hundred
How: Creation of DUI Task Force Facebook Page individuals weekly raising awareness of DUI- related issues
Increase DUI Task Force' s visibility in Raised awareness among young Local High Schools drivers of the dangers of
How: Partnered with Student Resource Officers to drinking and driving distribute literature on the dangers of impaired driving
Support local treatment courts in their efforts to provide Increased effectiveness of
wrap- around services for individuals struggling with local treatment court by addiction and criminal- thinking errors. supporting ongoing training of How: Provided funding for STEER Court Coordinator to treatment court personnel attend national training conference
7 Summary of Activities/ Programs Funded by DUI Task Force RFP Process July 1, 2015- December 31, 2016
1. Billings Police Department
Provided fundingg for 16 shifts 106 hours of additional DUI Patrol Yyieldingg 12 DUI arrests, 31 non- moving violations, 11 municipal infractions, 89 warnings, 10 criminal charges, 5 served warrants, and 1 DRE evaluation agency assist.
2. Yellowstone County Sheriffs Office Provided funding assistance to purchased one Portable Breath Test ( PBT) instrument to replace outdated equipment and three digital cameras for on- scene crash documentation.
3. MSU- Billings Health Educators Reaching Others& Encouraging Success( HEROES) Promotion of the Jacket Cab, which provides to free rides to students in need Travel expenses for HEROES student leaders to attend BACCHUS General Assembly Social- norming campaign addressing the perception of high- risk behavior among students.
4. Probation and Parole Provided funding for additional probation checks of DUI offenders 18 extra shifts resulting in additional 136 home visits
4 found in violation— alcohol— and held accountable.
5. Montana Highway Patrol Provided funding for additional 26. 5 hours of additional DUI Patrol yielding 4 DUI arrests, 25 other citations, and 33 warnings over 5 shifts.
6. Willson, LLC 278 Tavern Taxi vouchers purchased which were matched by Yellowstone County Tavern
Association.
7. Yellowstone County Multi-Jurisdictional Alcohol Enforcement Team ( MJAET) Provided funding for patrols at four separate community events to conduct 28 alcohol compliance checks and underage drinking interdiction yielding 31 citations (MIPs, Contributing to a Minor, three fake IDs confiscated).
81 Summary of Activities/ Programs Funded by DUI Task Force RFP Process January 1, 2016-June 30, 2016
Summary of Projects in Progress
1. Montana Probation and Patrol Provided funding to support additional overtime shifts to conduct felony DUI Offender
compliance monitoring.
2. Montana Highway Patrol Provided funding for overtime DUI patrols.
3. Billings Police Department Provided funding to purchase Portable Breath Test Instruments to replace outdated and nonfunctional equipment and to conduct overtime DUI patrol.
4. Laurel Police Department Provided funding for purchase of Portable Breath Test Instruments to replace outdated and nonfunctional equipment and to conduct overtime DUI patrols.
5. Yellowstone County Multi-Jurisdictional Alcohol Enforcement Team ( MJAET) Provided funding to support underage drinking patrols, compliance checks and shoulder
taps.
6. Yellowstone County Sheriff' s Office Provided funding to purchase Portable Breath Test Instruments to replace outdated and nonfunctional equipment and to send officers to the Montana Law Enforcement Academy for continuing education.
7. Willson, LLC
Provided funding to support Yellowstone County' s Tavern Taxi Program. Planned intervention activities for 2016- 2017 are listed in the table below.
Problem Intervention Activity RFPs and Projects to address issue
1. Availability and Implement media campaign at Work with a local community community events where advertising agency to acceptance of significant drinking is expected, create a " They' ll See You drugs, alcohol, and local movie theaters targeting Before You See Them" marijuana, and responsible drinking, along with campaign; different prescription drug promotion of alternative messages for different
abuse. transportation such as Designated target populations will be
Driver program, Tavern Taxi, explored Jacket Cab. Continue to support alternative transportation through RFP process
Continue social media presence Utilization of social media through the Yellowstone County to educate, advocate, and DUI Task Force Facebook page to influence action on DUI
publicize efforts and provide issues. educational materials to public
regarding enforcement and
prevention.
Support alcohol- free alternative Continue to support
activities such as Graduation alternative activities parties, Drug Court client through RFP process activities, March Against Drugs and Violence
Seasonal Ad campaigns targeted Continue ad campaigns, during" drinking" holidays such as including Labor Day, St. Patrick' s Day, Memorial Day Holiday, Memorial weekend, Fourth of July, Labor Day/ Graduation utilizing Day weekend and New Years Eve television, radio and
Conduct Angel Tree and Award of Continue to conduct Merit Ceremony to honor victims Angel Tree/ Award of and law enforcement officers Merit ceremony in December
10 I 1. Availability and Partner to: 1) Ensure Responsible Continue partnerships community Alcohol Sales and Service Training with Yellowstone County
acceptance of for all vendors in Yellowstone Multi-Jurisdictional
drugs, alcohol, County; 2) Ensure compliance Alcohol Enforcement
marijuana, and checks take place and compliant Team ( MJAET) for RASS
prescription drug vendors are recognized. Trainings, compliance abuse. checks, and Crowd Party Patrols, shoulder taps and
overtime shifts
Community 7 DUI Task Force Continue to fund the show which highlights issues in community access drinking and driving and spotlights television programming community members who work in and look for new dynamic
prevention and enforcement guests to interview
Support alternative forms of Explore support for
transportation to prevent innovative alternative impaired driving transportation such as Uber
Support peer to peer social- Continue to support
norming campaigns targeting the MSU- B HEROES in their misconception of the acceptance social norming campaigns of high- risk behavior in young and reach out to similarly
adults organized student group( s) at Rocky Mountain College and support the March Against Drug and Violence
Support informational campaign Support funding for demonstrating dangers of campaign distributing underage drinking and drinking literature through florists and driving during high school providing Prom and other formal bouquets and boutonnieres
Monitor prescription drug abuse Explore partnerships with and local practices by medical local prevention and law
providers and law enforcement enforcement agencies to conduct prescription drug
11 take back events
2. Higher rates of Support programs which decrease Explore partnership with
underage and youth access to drugs and alcohol, Montana Crime adult drinking, as such as prescription drug take Prevention Coalition, well as addiction back programs, and high visibility Billings/ Yellowstone when compared alcohol enforcement County Drug Prevention to the rest of the Planning Committee and
nation Explore partnerships with the Yellowstone County Yellowstone County Consortium Consortium for Safe and for Safe and Drug Free Schools, Drug Free Schools Billings/ Yellowstone County Drug Prevention Planning Committee, , and the MJAET to implement a program for early identification of and intervention for children at high risk of becoming future DUI
offenders
Continued high visibility law Continued partnership enforcement such as party with United Way and
patrols, shoulder taps, and social MJAET for the " Be Your
host enforcement Own Bouncer" or other similar campaigns during public events such as the Alive After 5 music programs and PRA events
Continue to fund MJAET' s efforts to conduct highly visible crowd party patrol
Provide support to families Provide funding through struggling with substance abuse RFP process for DUI and develop program for early courts and Family Drug
intervention of children at high Court risk of substance abuse or future DUI
Support peer to peer social- Continue to support
norming campaigns targeting the MSU- B HEROES in their misconception of the acceptance social norming campaigns
of high- risk behavior in young and reach out to similarly
adults organized student group(s) at Rocky 12 Mountain College
Facilitate partnerships between Invite members of college
youth and adults in preventing groups to attend monthly underage drinking and high- risk meetings of the behavior Yellowstone County DUI Task Force and invite a student representative to sit as a full voting member of the Task Force
3. Enforcement and Continue to dialogue with Reach out to local
prosecution of legislators regarding the legislators and invite each
DUIs and other limitations of current laws, and to attend either a
drug and alcohol- potential ways to strengthen laws monthly meeting or
related offenses attend public events
Support law enforcement through Support law enforcement training, funding for overtime DUI training through RFP patrols and other high visibility process law enforcement, state of the art equipment Support funding for OT patrols through RFP
process
Support purchase of state
of the art equipment through RFP process
Explore the possibility of DUI Safety Spot Checks
Support national study conducted Provide funding, by RAND on the effectiveness of equipment and/ or the 24/ 7 program volunteer to assist in 24/ 7 implementation and
measurement of
effectiveness
Support 24/ 7 project and Explore providing funding warrants to obtain blood or to supplement breath test in DUI cases Yellowstone County 24/ 7
voucher program 4. Lack of good Collect data from dedicated Use " Ales for Trails"
data on sample of residents and track event to sign people up effectiveness of their experiences though 9 to 12 for participation in study
PSAs and other month period to measure habits over year of the
prevention and the effectiveness of PSAs, effectiveness of DUI
measures to other yearly promotions of DUI prevention techniques deter severe prevention, or specific projects to imbibing and reduce impaired driving in the impaired driving community
Collect data on the medical costs Contact hospital of impaired driving administration, DOJ, and Insurance Commissioner' s Office to
collect recent and persuasive data on the medical costs of impaired driving in Yellowstone County and then develop template for statewide implementation
Continue collecting data from Contact administrators local agencies showing alcohol- from each law related arrests and convictions enforcement agency and
over the last three years court within Yellowstone County to collect pertinent data on DUI
and other alcohol- related
charges and convictions
Collect data on the effectiveness Partnership/ fund RAND of different monitoring devices Corporation' s Study on used within the 24/ 7 sobriety Effectiveness of Various program Pre- trial Monitoring Techniques for Alcohol- Related Offenses EVALUATION
The purpose of evaluation is to: 1) measure progress towards goals; 2) ascertain whether a process or program is working, and to adjust activities accordingly. Evaluation results can also be used to promote the work of the task force in the community. Location specific projects will offer both positive and negative feedback to adopt and modify better policies before implementation on a countywide basis or further distribution across the state.
The Yellowstone County DUI Task Force will evaluate three levels of outcomes: process outcomes, intermediate outcomes, and long term outcomes.
PROCESS OUTCOMES
DUI Task Force Coordinator will keep records of attendance at meetings and business conducted at task force meetings through minutes.
Task Force will track process outcomes for activities such as: and demographics of people participating or impacted
of ads run
Frequency of activities Equipment purchased Training facilitated Funding leveraged Grantees will report process outcomes to the task force.
INTERMEDIATE OUTCOMES
Availability of alcohol, marijuana, and prescription drug decreases.
The Yellowstone County Multi-Jurisdictional Alcohol Enforcement Team ( MJAET) will provide DUI Task Force with reports on youth perception of availability as measured through the Montana Prevention Needs Assessment ( MPNA).
The following factors related to availability will be tracked: prices of alcohol, marijuana, and prescription drugs; prevalence of medical marijuana caregivers, patients, and businesses; compliance check failure rates; social host violations; and prescription drug take back volume.
Community acceptance of problem drinking, marijuana use, and prescription drug abuse decreases.
Yellowstone County MJAET will provide the DUI Task Force with youth perception on community acceptance of problem drinking, marijuana use, and prescription drug abuse based on MPNA data.
Underage drinking and drug use decreased to levels that are on par with national average. Yellowstone County MJAET will provide the DUI Task Force annually with a report on underage drinking and drug use in the country, including progress toward the risk factors identified here, such as availability and social acceptance, lack of parental monitoring, and lack of early warning
system.
Measurement Tools: MPNA, Monitoring the Future, SAMHSA Office of Applied Statistics, Yellowstone County Parent Survey
Grantees will report intermediate outcomes to Task Force.
LONG TERM OUTCOMES
Long term outcomes will be measured using Montana Department of Transportation reports and location specific data on any pilot projects implemented and monitored by members or representatives of the Task Force. Progress towards long term outcomes will be examined annually.
By 2018 number of alcohol and drug related crashes in Yellowstone County are decreased from 357 ( 2014) to 200. By 2018 the percent of alcohol and drug related crash fatalities decreased from 9.93%3 to 7%.
Submission of Strategic Plan:
The Yellowstone County DUI Task Force submits this Strategic Plan in accordance with statute and as requested by the Montana Department of Transportation. Attached to this plan is a spreadsheet that contains the proposed budget for 2016- 2017 year.
00:410•19.••••••••••••.... 4 . Nicholas Owens, Chair, Yellowstone County DUI Task Force
Darla Tyler- McSh y, Coor . at , Yello tone County DUI Task Force
3 Based upon most recent crash data available from Montana Department of Transportation, online at http:// www.mdt. mt.gov/ publications/ datastats/ crashdata. shtml. May 19, 2016. 16 1 Meeting Schedule Yellowstone County DUI Task Force FY 2016- 2017
The Yellowstone County DUI Task Force meets the third Thursday of each month in the County Commissioners Board Room on the fourth floor of the Yellowstone County Courthouse. The meetings begin at noon. The exception to this is in the month of December we do not hold a regular business meeting but instead conduct the Angel Tree/ Award of Merit Ceremony in the Courthouse Lobby.
Meeting Dates FY 2016- 2017:
Thursday, July 21
Thursday, August 18
Thursday, September 15
Thursday, October 20
Thursday, November 17
Thursday, December 15 ( Angel Tree/ Award of Merit Ceremony)
Thursday, January 19
Thursday, February 16
Thursday, March 16
Thursday, April 20
Thursday, May 18
Thursday, June 15
Meeting information is posted: Yellowstone County DUI Task Force website www.co. yellowstone. mt.gov/ dui Billings Gazette Calendar website www. billingsgazette. com/ calendar
17 I June 2016 Yellowstone County DUI Task Force Membership List
Anderson, Chris Escamilla, Christina
Montana Fish, Wildlife, and Parks STEER Court Coordinator 2300 Lake Elmo Drive Yellowstone Impaired Driving Court Billings, MT. 59105 19 N. 25th St. Ste. A Cell: 860- 7804 Billings, MT 59101 chanderson@mt. gov P: 406. 702. 4765 cescamilla @mt.gov
Aggers, Mary Finnegan, Riley Montana Department of Corrections/ Probation Billings Police Department and Parole 220 N 27th Street
4th 2615 Avenue South Billings, MT. 59101 Billings, MT. 59101 Cell: 69802894 Office: 247- 8616 Office: 896- 5434 Cell: 860- 1766 finneganr@ci. billings. mt.us maggers @mt.gov
Brougham, Sharmon Gilmore, Richard Montana Crime Prevention Association Billings Police Department 4903 Indian Ridge Road 220 N 27th Street Billings, MT. 59101 Billings, MT. 59101 Office: 281- 7519 Cell: 208-0564
smbrougham@aol. com gilmorer@ci. billings. mt. us
Chaon, Paul Gordon, Roger Yellowstone County Attorney' s Office Community Member PO Box 35025 PO Box 21326 Billings, MT. 59107 Billings, MT 59104 Office: 256- 2990 Cell: 509- 850- 6394 Home 655- 4444 pchaon@yellowstone. mt. gov
Edgell, Captain Keith Gregory, Fred Montana Highway Patrol Laurel Police Department
27th 615A South St. 215 West 1st Street Billings, MT 59101 Laurel, MT. 59044 Office: 896-4356 Cell: 850- 2244 Cell: 281- 0631 Office: 628- 8737 kedgell @mt. gov fgregory @laurel. mt.gov
18 Holland, Kevin Owens, Nick Community Member Yellowstone Co. Attorney's Office 1426 Janie Drive Yellowstone County DUI Task Force Chair Billings, MT 59105 PO Box 35025 Home: 254- 1450 Cell: 698- 3998 Billings, MT 59107 kccholland @charter. net Office: 256- 2757; Cell: 493- 7504 doublew04 @yahoo. com
Hons, Stephanie Reil, Sarah Rimrock Foundation Montana Department of Corrections/ Probation
29th 1231 N Street and Parole Billings, MT. 59101 2615 4th Avenue South
Office: 248- 3175 ext. 439 Billings, MT. 59101 shons @rimrock. org Office: 896- 5425 Cell: 860-0163 sreil2@mt. gov
Ihde, Brandon Billings Police Department Shore, Walter
27th 220 N Street Yellowstone Boys& Girls Ranch Billings, MT. 59101 1732 South 72nd Street West
Office: 657- 8461 ext. 0316 Cell: 489- 1885 Billings, MT. 59106 ihdeb@ci. billings. mt. us Office: 651- 2943 Cell 794- 1393 doublew04 @yahoo. com Mahoney, Sara Tyler- McSherry, Darla Mental Health Center MSUB Health Services
29th 1245 N Street Yellowstone County DUI Task Force Coordinator Billings, MT. 59101 1500 University Drive
Office: 252- 5658 ext. 2681; Cell: 697- 3135 Billings, MT 59101- 0298
Smahoney1706 @yahoo. com; Cell: 406- 855- 9388 smahoney @scrmhc. org dtylermcsherry@hotmail. com
Martin, Jeannie Wallis, Monty Victim Advocate at Large Community Member PO Box 21543 4165 June Drive Billings, MT. 59104 Billings, MT 59106 Cell: 698-9909 Home: 656- 4051 Cell: 672- 5492 genim @bresnan. net mwallis280 @msn. com
O' Donnell, Kent Willson, Barry T. & Rod Yellowstone County Sheriff's Office Willson LLC. PO Box 35017 PO Box 2333 Billings, MT. 59107 Billings, MT 59103 Office: 256- 2929 Cell: 208- 0559 Office: 254- 2900
kodonnell( c@co. yellowstone. mt.gov willsonllc @willsonllc.com
19 1 Yellowstone County DUI Task Force FY 2016-2017 Preliminary Budget
DUI Fund - Expenditure Budget
AMENDED BUDGET BUDGET Through 30116 Requested Account FY15 BUDGET FY15 ACTUAL FY16 ORI G FY16 AMEND FY16 ACTUAL FY17
OPERATING 2950.000.470.420190210 OFFICE SUPPLIES 1. 000, 898 1, 000 1, 000 499 1. 000 _ 2950.000.470420190.336 PUBLIC RELATIONS 23. 203 19, 502 18,500 21, 000 17,508 18. 500 2950.000.470.420190.347 ADMINISTRATION SERVICES 1. 500 1. 500 1, 500 1, 500 1, 125 1. 500— 2950.000.470.420190.380 TRAINING 0 0 756 0 2950.000.470.420190.397 MANPOWER CONTRACT 18. 000 19, 732 21, 780 21, 780 14.473 21, 780_ 2950.000.470.420190.398 CONTRACT- DUI ENFORCEMENT 38, 000 34. 726 38,000 35. 500 20, 168 38,000_ 2950.000.470420190.399 OTHER CONTRACT SERVICES 2950.000470.420190.530 RENT/ LEASE
OPERATING TOTAL 23. 500 76. 358 80, 780 80. 780 54. 529 80. 780
CAPITAL 2950.000.470420190.940 CAPFEALOUTLAY-EQUIPMENT CAPITAL TOTAL 1. 5.1 II; 480
TRANSFER S
TRANSFERS TOTAL
TOTAL 85, 000 76.838 80,780 80. 780 54. 529 80, 780
20 Yellowstone County DUI Task Force in the Media S. 1 N 20' 6 H, p arb Malaria's rising DUI foil
Help curb Montana' s rising DUI toll
Dec 17. 2015
Z
t
r"
lirt
IMF
fi ' ilk
1
i..a: +
BOB ZELLARJGazette Staff
Gordon Bayman places an angel on the Yellowstone County DUI Task Force Angel Tree on Thursday for his son Rodney Bayman who was killed by a drunken driver.
Another angel was placed on the memorial tree in the Yellowstone County Courthouse on Thursday. Friends and family remembered Rodney Lee" Grinder' Bayman, an innocent victim of DUI_
Bayman, 56, was killed on Aug. 22 while his motorcycle was stopped for a traffic light near MetraPark. A driver whose blood would later test at three times the legal intoxication level, slammed his sport utility pickup into the rear of Bayman's motorcycle. Witnesses told police that the Chevrolet Avalanche had already hit a planter and that other vehicles were swerving to avoid being hit. There were no skid marks
dUcc83Q} d4ac- 5481- 9021-41941 BP8c-htrnl 113 hCpl bill, ngsgazetle.axnmewsibpnoniedtcriali gazelfe- cprwavhelp•arb-mmfana- s- nsirg-du- tolUartide
22 1 5'11/ 2018 Help curb Mmmna s r si rig DUI odl to indicate that the driver tried to slow down before or after striking the motorcycle.
A Billings native and Senior High graduate, Bayman was a welder whose survivors include two children, according to an obituary previously printed in The Gazette.
Travis Michael Deadmore, 34, already had two drunken driving convictions and has pleaded guilty to vehicular homicide for causing Bayman' s death_ He may get up to 30 years in prison.
Rodney Bayman was one of 71 people killed in alcohol- related crashes between Jan. 1 and Dec_ 14, according to Montana Highway Patrol data.
So far this year, 29 more people have died on our highways and streets than were killed last year In fact, 29 more have been killed in alcohol- related crashes, according to MHP data. Montanans should be concerned that the number of alcohol-related fatalities is up 69 percent this year from 2014.
These deaths were preventable. If drivers had not been impaired by alcohol or other drugs, 71 people would be still be alive.
Most Montanans understand that DUI is a danger and a crime. Montana law officers must be vigiant to apprehend the dangerous minority who persist in driving under the influence.
That's why the Yellowstone County DUI Task Force's Angel Tree ceremony also honored six Yellowstone County law officers for their efforts to stop DUI.
Laurel Police Officer Jeremiah Johnson received an award of merit for making the most DUI arrests for the department for the year. MHP Trooper David Morris received an award for making 49 DUI arrests, 25 other alcohol- related arrests and 75 arrests related to illegal drugs in the first 10 months of 2015. Sheriff's Deputy Cactus Anderson was recognized for making 38 DUI arrests in the first 10 months of 2015_ Billings Police Department Capt. John Bedford, who retired earlier this year, was honored for his 10 years of serving on the Yellowstone County DUI Task Force and his advocacy for strong DUI laws and for DUI treatment court. BPD Officer Glenn Gunther made 50 DUI arrests in the first 10 months of 2015. BPD Officer Brandon lhde received an award for the sixth year in a row. He has 350 DUI arrests since
nsrtgdn- OBBIBIBc. htrnl 2'3 htpAilli eme. comirews'apiromediooralVgrebe-winonl+elpcvb•manlaa-s- WISnicle dDocB30ad4ac-5A81- 9U2JE4A/
23 5/ 18'2016 Help cut Ma lanes nsirg DUI toll 2010, more than any other officer in the department.
Morris, Anderson, Ihde and Gunther are all trained as drug recognition experts and use those skills to detect impaired drivers while on patrol.
It's good to know that such dedicated officers are on our streets and highways trying to protect the public. But they cannot be everywhere at once. Each driver has the responsibility of staying sober and alert. Everyone has a responsibility to avoid getting in a vehicle with an impaired driver.
It's true what they say: Friends don't let friends drive drunk- or drugged.
Tags
hltpPlaillxgsgazette.can: newsbgnoNeditan a, elte-cpruonridp- arb-mont3 s- rising-cix-ta''aocle dgCC630a- d1ac- 5481- 902L13409800c. hirn1 3e3
24 I 518+2016 Highway 212 revamp ncludes 4- lane segments for safer passEng en dangerous roc
Highway 212 revamp includes 4- lane segments for safer passing on dangerous road
a
y
x 101,
LARRY MAYER1Gaztte Staff
Montana Department of Transportation officials and law enforcement officers gather at the new U_S. Highway 212 overpass on Tuesday.
LARRY MAYER/ Gazette Staff
Deputy County Attorney Nicholas Owens talks about DUI mitigation as Montana Department of Transportation officials and law enforcement officers gather at the new U. S. Highway 212 overpass on Tuesday.
LARRY MAYER/ Gazette Staff
After an appearance at the new Highway 212 overpass Tuesday, MDT Director Mike Tooley spoke to the Policy Coordinating Committee on funding challenges.
LAUREL— Speaking to the media while using one of Montana's deadliest stretches of roadway as a
hapPbillingsgazetle.ccrr mews.9ocati9wernment- and-pc4ecs lighway- redamp-includes-- lane- segments- for- safer- passing- mi'arode aKdc6ade- 833458ad- afe6... 1+ 3
25 1 1& 016 Highway 212 revamp Includes 4- lane segments for safer passing on dangerous road
backdrop, Montana Department of Transportation Director Mike Too ley on Tuesday called for" a changed mindset" among the state's drivers, particularly those who have been drinking or become distracted while driving_
Please, take what you do behind the wheel seriously," Tooley said during a press conference held beneath a bridge along U. S_ Highway 212 about two miles south of Laurel. " No longer can we turn our cheek and hope that everyone makes it home all right."
MDT' s efforts include major improvements to Highway 212. Together with federal funding. MDT is
spendingP 9 upP to$ 46. 8 million on a three- phaseP projectP 1 to widen and improveP Highwayh9 Y 212. including9 planned construction of three passing lanes.
The first phase, completed this summer, replaced the railroad underpass and substandard two-lane roadway south of Laurel with a new overpass over the BNSF railway.
Phase 2, nearly complete. redesigns the intersection of U. S_ Highways 212 and 310 at Rockvale to manage increased traffic and provide for safer turns.
The third phase, scheduled to go out for bid in early 2016, will construct a new 10- mile stretch of U. S. 212 to address safety issues an the existing highway. It includes three four-lane segments for safer passing. The plan is for the 10- mile stretch of highway to eventually be four lanes throughout. but that will be contingent on future traffic capacity needs. Once the new highway is finished in 2017, the existing highway will remain in place for local access and be renamed Boones Ferry Road_
Too many people have died or suffered serious injury in crashes" on Highway 212 between Laurel and Rockvale, Tooley said. " There is an average of one white cross per mile on this stretch, and we don't want to place even one more."
While modem highway engineering and construction help to keep motorists and passengers safe, non- transportation agencies are also working to bring down Yellowstone County's traffic fatality rate, which at 202 during the decade 2005- 14 was the state's highest. Of those 202 deaths, 52 percent involved at least one impaired driver, and 66 percent were attributed to seat belts not being used.
Nicholas Owens, a deputy Yellowstone County Attorney who chairs the county's DUI task force, noted there were 3,635 car crashes in Yellowstone County in 2014— about 1, 000 more than in Missoula
httplIbilltngsgazene.comMewslccalgovernment- and- pdtticshighway- redamp- includes-- Iane- segments- for- safer- passing- ontarade al2dade- 8a34- 58ad-afe6... 2'3
26 I 5' 1& 2018 Highway 212 revam p i ncludes 4- lane segments for safer passing on dangerous road
County, the state' s second- leading county for crashes.
Eighteen people were killed in vehicle crashes in Yellowstone County in 2014, according to MDT
statistics. Of those crash fatalities. 11 — 61 percent— involved at least one impaired driver.
Law enforcement is not the only force on the road," Owens said. We must change the culture around drinking and driving."
Police, sheriffs deputies and the Montana Highway Patrol once again plan to step up patrol leading up to Labor Day, as they also do over the Memorial Day, Fourth of July and Thanksgiving holidays. MHP Sgt. Craig Baum said the success of the program is in part due to troopers being freed to seek out the traffic violations, including speeding and aggressive driving, often associated with impaired driving.
Those officers work overtime, Owens said. to" locate drunk drivers and hold them criminally
accountable."
John Kougioulis of Townsend also has an important role making Montana roads safer. As the American Legion' s fatality marker chair, Kougioulis helps local chapters place crosses at the scene of fatal accidents to remind motorists they're traveling a dangerous section of roadway.
When an agency like MDT makes a road safer by, for example, broadening it, the American Legion is called out to remove the fatality marker.
The family sometimes gets excited, but it's a good thing," Kougioulis said. it means the road is now
safer."
tit::Mil6ngsgazeae.ccm/ news/localigwanment- and- Omcslhighway- revamp- inckudes-- lane- segments- for- sofa- passing-cn'amde af9c8ade- 8a345 afe6... 31
27 I More Cars on Patrol as Montana' s Deadliest Weekend Approaches
112
Posted: Aug 18, 2015 3: 18 PM MDT Updated: Sep 01, 2015 3: 18 PM MDT
Traffic Fatalities in Montana Counties 2005-2014
iattIONNSTONE 20 23
114
a "
rA y{
BILLINGS-
Drive sober and buckle up-- that's the Montana Department of Transportation' s message for drivers the
last few weeks of summer.
As Labor Day weekend approaches, law enforcement officials are increasing patrol efforts across the Treasure State. Tuesday afternoon, law enforcement members gathered to discuss the issue of impaired driving in Montana, and what's being done to curb the alarming statistics.
Labor Day weekend has been the deadliest holiday on Montana roadways for each of the last four years. In Yellowstone County, more than 200 traffic fatalities have taken place over the past decade. More than half of those deaths involved an impaired driver.
The Yellowstone County DUI Task Force is one of the groups trying to save lives on state roadways. The task force is funded through the reinstatement fee that drunk drivers pay after their license has been
httpitwww.r igM1triow.cam7sbnry/ 2982844Cmarca5-an- patrd- as- montanas-Beadiest weeker approaches
28 1 yi 5J 1&' 2016 More Cars on Patrol as Montana' s Dead jest Weekend Approaches
taken away. They also put reinstatement fee money towards prevention and enforcement, as some money pays for overtime to beef up patrol efforts on holiday weekends.
The most important thing, is to make sure that the next generation of drivers knows that drinking and driving is unacceptable," said Nicholas Owens, Yellowstone County DUI Task Force Chair." It's not worth it. It' s not cool_ It's dangerous, they're threatening lives, including their own."
The DOT' s Vision Zero campaign also aims to prevent highway fatalities. Yellowstone County has the highest amount of deaths of any county over the last decade. 66 percent of those who died over that
span were not wearing seatbelts.
Yellowstone County Sheriff Mike Linder says law enforcement agencies will have more officers and deputies on patrol starting tomorrow through Labor Day weekend.
Obviously the drinking9 and driving--9 we need to cut down on that," Sheriff Linder said." Montana is a prime example, you know, you see the statistics, and that's why we have a collaborative effort like you see here today."
The event today was held near the new overpass on Highway 212 near Laurel, partially to highlight the project and its goal to lower traffic accidents on the highly-traveled highway to Red Lodge.
Mike Tooley, Montana DOT Director, says the$ 46 million project-- years in the making -- is now much closer to completion.
Tooley says Highway 212 has long been a dangerous highway, and an area of concern for the state. But now the new overpass is finished, marking completion of the second of three phases.
We' re very excited about the structure that is now a four-lane instead of a two- lane structure and we' re looking forward to next spring when we break ground on a 10- mile extension of 212, which will be brand- new," Tooley said. " It will have opportunities for passing lanes and turn lanes that don't exist today."
Updated: May 19, 2016 1: 20 PM MDT
29 I
B.O.C.C. Regular Agenda Item 5. Meeting Date: 05/31/2016 Title: Actuary Services - Hildi Inc. Submitted By: Theresa Covington, Accountant
TOPIC: Renew Contract for Annual Evaluation of Post-Employment Benefits Required for Financial Statements
BACKGROUND: n/a
RECOMMENDED ACTION: Approve as recommended
Attachments Contract Data Request AGREEMENT FOR CONSULTING SERVICES
This Agreement for Consulting Services (“Agreement”) is entered into and dated April 22, 2016 by and between Hildi Inc. with offices located at 11800 Singletree Lane, Suite 305, Minneapolis, MN 55344 (hereinafter referred to as the “Consultant”) and Yellowstone County with offices located at 217 North 27th Street, Billings, MT 59101 (hereinafter referred to as the “Company”). Company and Consultant are jointly referred to as the “parties.”
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACCEPTED, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Description of Services. Consultant will perform certain services for Company upon terms and conditions specified herein and as such services are more particularly described in Exhibit(s), which are attached hereto and incorporated by this reference.
2. Prices and Payment. Company agrees to pay Consultant the fees set forth in the applicable Exhibit(s). Consultant anticipates invoicing the Company monthly for services provided. Payment will be due in full within fifteen (15) days of receipt of Consultant’s invoice. Company agrees to pay interest on all overdue amounts at a rate of twelve percent (12%) per annum or the rate allowed by law, which ever is less, plus costs of collection, court costs, and reasonable attorney fees on all such amounts.
3. Travel Expenses. Company agrees to reimburse Consultant for its reasonable and necessary out-of-pocket lodging, transportation, and food incurred at the Company’s request. Consultant agrees to provide reasonable expense documentation. Whenever possible, Consultant agrees to take advantage of travel discounts. All air travel by Consultant shall be on major national or regional airlines, and Consultant and its representatives may keep their frequent flier miles earned for their personal usage.
4. Ownership of Work Product. Ownership of, and all rights in, the work product which is the subject matter of this Agreement (the “Work”), including trademarks, patents and copyrights applicable to same, shall belong exclusively to Company. The parties expressly agree to consider as a “work made for hire” any Work ordered or commissioned by the Company which qualifies as such under the United States copyright laws. To the extent that the Work cannot be a “work made for hire” or where necessary for any other reason, Consultant will provide Company with all such assignments of rights, covenants and other assistance which may be required for Company, through trademark, patent or copyright applications or otherwise, to obtain the full benefit of the rights provided for herein. If the Work contains materials previously developed or copyrighted by Consultant or others, Consultant grants and agrees to grant to Company, or
1 obtain for Company, an unrestricted, royalty-free license to use and copy such materials. Any license so granted or obtained shall include the right for Company to grant an unrestricted, royalty-free license to any affiliate of Company. Consultant is allowed to retain one copy of the Work for archival purposes. Consultant shall place a copyright notice on the Work at Company’s request. The Work shall be considered “Information” under the Section entitled “Nondisclosure.”
5. Nondisclosure. Any technical or business information, including, but not limited to, computer programs, files, specifications, drawings, sketches, models, samples, tools, cost data, customer information, financial data, business or marketing plans or other data, whether oral, written or otherwise (“Information”), furnished or disclosed to Consultant hereunder or in contemplation hereof, shall remain Company’s property. No license, express or implied, under any trademark, patent or copyright is granted by Company to Consultant by virtue of such disclosure. All such information in written, graphic or other tangible form shall be returned to the Company immediately upon request and copies shall be returned to the Company or, at Company’s option, certified by Consultant as having been located and destroyed. Consultant shall be allowed to retain one copy of the Information for archival purposes. Unless such Information was previously known to Consultant free of any obligation to keep it confidential, is lawfully obtained by Consultant from any source other than Company or has been or is subsequently made public by Company or a nonparty to this Agreement, is approved for release by written authorization of the Company, or is required by law to be disclosed in response to a valid order of a court of competent jurisdiction or authorized governmental agency, provided the Company receives adequate notice to allow it to request a protective order and the Consultant reasonably cooperates with the Company’s efforts to receive a protective order, it shall be kept confidential by Consultant for the benefit of Company, shall be used only in performing under this Agreement and shall not be used for other purposes except upon such terms as may be agreed upon by Company in writing. Consultant shall take reasonable steps to protect such Information to a similar extent that Consultant protects its own Information.
6. Liability. Consultant shall indemnify Company and its affiliates against, and shall hold Company and its affiliates harmless from, any loss, damage, expense or liability that may in any way arise out of or result from the performance of Consultant hereunder and caused by or resulting from the gross negligence or intentional misconduct of Consultant, including but not limited to any knowing infringement, or claim of infringement, of any patent, trademark, copyright, trade secret or other proprietary right of a third party or of Consultant or anyone claiming through Consultant who may be eligible to terminate any assignment or transfer made hereunder pursuant to the terms of the copyright laws up to the amount paid by the Company to the Consultant under a given applicable Exhibit(s). Consultant shall defend or settle, at its own expense, any action or suit against Company or its affiliates for which it is responsible hereunder. Company shall notify Consultant of any such claim, action or suit and shall
2 reasonably cooperate with the Consultant (at Consultant’s expense) to facilitate the defense of any such claim.
7. Limitation. In no event shall company or consultant be liable, one to the other, for indirect, special, incidental, or consequential damages arising out of or in connection with the furnishing, performance or use of any products or services provided pursuant to this agreement.
8. Limited Warranties. Consultant warrants and represents that it has full authority to enter into this Agreement and to consummate the transactions contemplated hereby and that this Agreement is not in conflict with any other agreement to which Consultant is a party or by which it may be bound.
Consultant warrants and represents that Consultant has the proper skill, training and background so as to be able to perform in a competent and professional manner and that all work will be performed in accordance with professional standards in the industry and/or field.
9. Headings. Section headings used in this Agreement are for convenience only, have no legal significance, and in no way change the construction or meaning of the terms hereof.
10. Insurance. Upon request by Company, Consultant shall provide to Company, copies of certificates of insurance evidencing the workers compensation, general liability and automobile insurance coverage that Consultant has in effect and Consultant shall maintain such insurance in effect through the duration of the Agreement.
11. Amendment and Waiver. No provision of this Agreement may be modified, waived, terminated or amended except by a written instrument executed by the parties. No waiver of a material breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or other provisions hereof.
12. Relationship. The Consultant shall be and act as an independent contractor hereunder, and neither Consultant nor any employee, agent, associate, representative or subcontractor shall be deemed to be employees of the Company for any purpose whatsoever.
13. Force Majeure. Neither party will be liable for any failure or delay in performance due to any cause beyond its reasonable control, including, but not limited to acts of nature, strikes, fire, flood, explosion, riots, or wars, provided that personnel changes, including unanticipated employee departures, shall not be considered to be an event or condition of force majeure.
3 14. Notices. All notices and other communications required or permitted under this Agreement shall be in writing, and hand delivered or sent by registered or certified mail, return-receipt requested, postage prepaid, or by overnight delivery service and shall be effective upon receipt at the following addresses or as either party shall have notified the other party:
If to Company: Mr. Kevan Bryan Finance Director Yellowstone County 217 North 27th Street Billings, MT 59101
If to Consultant: Hildi Inc. 11800 Singletree Lane Suite 305 Minneapolis, MN 55344 Attn: Jill Urdahl, FSA President/Consulting Actuary
15. Assignment. Consultant shall not assign this Agreement or delegate the services to be performed hereunder, in whole or in part, or any of its rights, interest, or obligations hereunder without Company’s express written consent.
16. Law Government. This Agreement shall be governed by the laws of the State of Minnesota, without regard to or application of conflicts of law rules or principles.
17. Taxes. Consultant shall assume full responsibility for the payment of all taxes imposed by any federal, state, local taxes or foreign taxing authority and all contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to performance of services for Company hereunder.
18. Termination. Any Exhibit(s) to this Agreement may be terminated by either party upon thirty (30) days written notice to the other party. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party. Company agrees to pay for all services provided by Consultant and related travel expenses incurred by Consultant through the date of termination of the Exhibit(s) and/or the Agreement as applicable.
19. Entire Agreement. This constitutes the entire agreement between the parties regarding the subject matter hereof. This Agreement shall be binding on the affiliates, administrators, executors, heirs, successors in interest, or assigns of Consultant.
4
IN WITNESS WHEREOF, authorized representatives of the Company and the Consultant have executed this Agreement in duplicate.
Company: Yellowstone County Consultant: Hildi Inc.
By: By: (Authorized Signature) (Authorized Signature)
Name: Name: Jill Urdahl (Print or Type)
Title: Title: President (Print or Type)
Date: Date:
(Please Note: A signature is required on both page 5 and page 6. Thank you.)
5
Exhibit 1 to AGREEMENT FOR CONSULTING SERVICES Consultant and Rate Schedule
Consultant Effective Start Expected End Representative’s Title Date Date Name Hildi Inc. Actuaries and Consultants Consulting Actuaries July 1, 2016 June 30, 2018 Base Fees The approximate budget for Hildi Inc. consulting services is as follows:
2016-2017 Fiscal Year 2017-2018 Fiscal Year GASB 45 $5,900 N/A (GASB 45 will be replaced by GASB 74/75) GASB 16 N/A N/A GASB 73 N/A N/A GASB 74 N/A N/A GASB 75 N/A July 1, 2016 actuarial valuation to be used as base results. GASB 75 disclosures to be developed. Fees will be finalized after 2016-2017 fiscal year.
These Base Actuarial Fees include the following: An Actuarial Report including all information required by the GASB Statements. Hildi Inc. will provide an electronic copy and three hard copies. A results meeting by conference call to discuss the results. Teleconferencing with the actuaries on pending or anticipated issues which may affect the actuarial valuation/report. If any work is needed based on one of the outcomes of a teleconference, a fee will be agreed upon before any work is initiated. Periodic memos and telephone calls to provide updates on developments that may affect future actuarial reports.
All quotes assume the plan provisions and assumptions remain unchanged from the last actuarial valuation. Additional charges may occur if there is out of scope work due to an OPEB Trust, changes in funding or investment policy for the OPEBs, changes in plan provisions or assumptions, or changes in the GASB disclosure requirements.
SERVICES OR REQUIREMENTS:
The Agreement for Consulting Services is dated April 22, 2016.
Company: Yellowstone County Consultant: Hildi Inc.
(Authorized Signature) (Authorized Signature)
(Date) (Date) (Please Note: A signature is required on both page 5 and page 6. Thank you.)
Specializing in Actuarial Retirement Plan Services
April 22, 2016
Mr. Kevan Bryan Finance Director Yellowstone County 217 North 27th Street Billings, MT 59101
Re: Actuarial Valuation for Yellowstone County under GASB Statement 45 (and other statements) – Data Request
Dear Kevan and Yellowstone County:
Thank you for the opportunity to provide actuarial services to Yellowstone County for the fiscal year July 1, 2016 through June 30, 2017. This letter will cover the data items that are needed to complete an actuarial study for your organization’s Other Post-Employment Benefits (OPEBs) and possible pension benefits (other than TRA and/or PERA). The upcoming fiscal year, July 1, 2016 through June 30, 2017, marks the start of the transition process from GASB Statements 27, 43, and 45 to the new public pension and public OPEB disclosure requirements under GASB Statements 73, 74, and 75. After you have had a chance to review this letter, please give us a call to discuss your implementation requirements and options under GASB Statements 73, 74, and 75. In some instances, there are implementation choices to review. Some Districts may have certain strategic options to review when embarking on an implementation plan.
GASB Statements 73 (pensions – unfunded), 74 (OPEB – plan), and 75 (OPEB - employer) In June 2015, the Government Accounting Standards Board (GASB) released new accounting standards for public sector postretirement benefit programs and the employers that sponsor them. The new GASB Statements are 73, 74, and 75 and cover mostly Other Postemployment Benefits (OPEBs), but GASB 73 covers public pensions that are not within the scope of GASB 68 (the newer GASB statement for trusted public pensions.)
GASB 73 (replacing GASB 27) GASB 73 will apply for public pension plans that either do not have any dedicated assets associated with them or have assets that are not in a trust that GASB recognizes as “official” assets. GASB 73 will apply for employer fiscal years beginning after June 15, 2016 – or for the fiscal year beginning July 1, 2016 and ending June 30, 2017.
11800 Singletree Lane, Suite 305, Minneapolis, MN 55344 P 952.934.5554 F 952.934.3027 www.hildiinc.com Mr. Kevan Bryan April 22, 2016 Page 2 of 6
GASB 74 (replacing GASB 43) GASB 74 will apply for Other Post-Employment Benefit Plans (OPEBs) that are required to implement plan accounting. GASB 74 applies to OPEB plans that are administered through trusts in which: a. Contributions from employers to the OPEB plan and earnings on those contributions are irrevocable, b. OPEB plan assets are dedicated to providing OPEBs to plan members in accordance with the benefit terms, and c. OPEB plan assets are legally protected from the creditors of employers, non-employer contributing entities, and the OPEB plan administrator. GASB 74 will apply for employer fiscal years beginning after June 15, 2016 – or for the fiscal year beginning July 1, 2016 and ending June 30, 2017.
GASB 75 (replacing GASB 45) GASB 75 will apply for employers that administer an Other Post- Employment Benefit Plan (OPEB) – whether the OPEB plan is funded or not funded. GASB 75 will apply for employer fiscal years beginning after June 15, 2017 – or for the fiscal year beginning July 1, 2017 and ending June 30, 2018. Which GASB Statements are applicable for Yellowstone County?
GASB 73: Not Applicable
GASB 74: Not Applicable
GASB 75: Applicable
Census/Participant Data for the Actuarial Valuation(s) Please include the following information for: Active Participants Personal Identification Number (SSN or Employee ID) Name Marital Status, if available Gender Date of Birth (MMDDYYYY) Date of Hire (MMDDYYYY) (including any pre-calculated service fields, if applicable) Years of Service in Public Pension Program (for example, TRA or PERA), if applicable Contract Group (for example, Teachers, Food Service, etc.) Medical Plan Code Medical Plan Coverage Code (for example, Single , Family, or None) Dental Plan Code Dental Plan Coverage Code (for example, Single , Family, or None) Most current annual salary information (salary definition used in benefit determination)
Hildi Incorporated Mr. Kevan Bryan April 22, 2016 Page 3 of 6
Active Participants (continued) The fields below may be needed for the OPEB valuation or for possible pension or GASB 16 valuations. Most current daily rate of pay information Accumulated unused sick leave days Accumulated employer contributions to the TSA or 403(b) program, and Accumulated employer contributions to an HRA program (if offset from any Early Retirement/Severance type payments).
Retired Participants and Beneficiaries Personal Identification Number (SSN or Employee ID) Name Marital Status, if available Gender Date of Birth (MMDDYYYY) Date of Hire (MMDDYYYY) Date of Retirement (MMDDYYYY) Contract Group (for example, Teachers, Food Service, etc.) Medical Plan Code Medical Plan Coverage Code (for example, Single , Family, or None) Dental Plan Code Dental Plan Coverage Code (for example, Single , Family, or None) Spouse Date of Birth (MMDDYYYY)
Separate information below will be needed for Medical and Dental, if both are provided. Include all retirees/beneficiaries, even those who are paying the “full cost”. Annual Employer Paid Health Benefits, if any Annual Employer Contributions to a VEBA, HSA, or HRA, if any Annual Employer Contributions after Medicare eligibility, if any Employer Paid Benefits Start Date (MMDDYYYY) Employer Paid Benefits End Date (MMDDYYYY) Monthly Retiree Contributions for Health Premiums
Life Insurance Information Annual Employer Paid Life Benefits, if any Monthly Retiree Contributions for Life Premiums
Severance Information, if needed Annual Amount of Severance Payment Remaining Severance Balance Date of Severance Start (MMDDYYYY), and Date of Severance End (MMDDYYYY).
Long Term Disabled Participants and Beneficiaries Personal Identification Number (SSN or Employee ID) Name Marital Status, if available Gender
Hildi Incorporated Mr. Kevan Bryan April 22, 2016 Page 4 of 6
Long Term Disabled Participants and Beneficiaries (continued) Date of Birth (MMDDYYYY) Date of Hire (MMDDYYYY) Date of Disability (MMDDYYYY) Contract Group (for example, Teachers, Food Service, etc.) Medical Plan Code Medical Plan Coverage Code (for example, Single , Family, or None) Dental Plan Code Dental Plan Coverage Code (for example, Single , Family, or None) Spouse date of birth, if available (MMDDYYYY) Annual Employer Paid Health Benefits, if any Annual Employer Contributions to a VEBA, HSA, or HRA, if any Annual Employer Contributions after Medicare eligibility, if any Employer Paid Benefits Start Date (MMDDYYYY) Employer Paid Benefits End Date (MMDDYYYY) Monthly Retiree Contributions for Health Premiums
An Excel sheet has been attached and is the preferred format for data delivery. Please provide one row of data, with all of the above information, for each participant/spouse.
Claims Cost Information For those groups who have access to health and dental coverage after retirement, please provide the following: Current year-to-date and two years history of monthly claims experience – split by active, pre-65 retirees, post-65 retirees and by medical, dental and prescription drugs A list of large claims for the last three years (over $30,000) Current year-to-date and two years history of monthly enrollment by plan and coverage tier that corresponds to the claims experience Retiree rates and retiree participant contributions (medical, dental and life) for the current year and the past two years - split by pre and post 65. Please include post retirement life insurance rates, if applicable. Underwriting exhibits for the current and past two years for actives, pre-65 retirees, and post-65 retirees.
Actuarial Assumptions As an aid in setting assumptions for this study, please send any information by employee group or in total that you may have on the following: Retirement experience – at what ages are participants retiring? Withdrawal or turnover – when do participants leave the employer? Salary increases – what is the history and what is expected for increases? Post-Retirement Health Plan election experience – how many employees elect to continue participation in the group insurance plans after retirement?
Hildi Incorporated Mr. Kevan Bryan April 22, 2016 Page 5 of 6
Plan Provisions/Benefits Information Please include the most recent employee contracts and details of your medical, dental, and/or life plans. Highlight or list any changes that have occurred in the employee contracts, plans or with providers since your last OPEB actuarial valuation. In addition, please alert us to any future expected benefit changes to your OPEB plan.
Year End Disclosure Information We will need copies of your GASB 45 disclosures from your financial statements at June 30, 2015 and June 30, 2016 (when available). Please complete the attached “Disclosure Data Request” spreadsheet and email it back to us, so that we can prepare your June 30, 2016 GASB 45/GASB 68 disclosures, if applicable.
Asset Information (if applicable) Please include the following information:
Funding Policy, Most recent annual OPEB trust statements, Reconciliation statements for the OPEB trust that include the items as noted in the chart below,
Market Value at Beginning of Year: $0 June 30, 2015 Changes from June 30, 2015 through June 30, 2016 o Employer Contributions 0 o Employee Contributions 0 o Net Investment Return 0 o Benefit Payments (0) o Administrative Expenses (0) o Other Changes (please describe) 0 Total Net Changes 0 Market Value at End of Year: June 30, 2016 $0
Date(s) and amount(s) of any contributions or benefit payments made after June 30 for the plan year, if applicable, Any other receivables or payables made after June 30 which need to be reflected in the June 30, 2016 Market Value, if applicable,
Hildi Incorporated Mr. Kevan Bryan April 22, 2016 Page 6 of 6
Asset Information (if applicable) continued
Investment Policy Statement. Please send the formal document on the investment policy and complete the following charts for your District as of June 30, 2016,
June 30, 2016 Asset Class Target Allocation Cash xx% Fixed Income xx% Domestic Equity xx% International equity xx% Real estate xx% Other (Describe) xx% Total 100%
And the long-term expected real rates of return by Asset Class as of June 30, 2016.
June 30, 2016 Asset Class Long-Term Expected Real Rate of Return Cash xx% Fixed Income xx% Domestic Equity xx% International equity xx% Real estate xx% Other (Describe) xx%
Thank you for the opportunity to work with Yellowstone County. Please feel free to call at any time with questions that you may have.
Sincerely,
Jill M. Urdahl, FSA President/Consulting Actuary
Hildi Incorporated
B.O.C.C. Regular Agenda Item 6. Meeting Date: 05/31/2016 Title: Submitted By: Teri Reitz, Board Clerk
TOPIC: Final Resolution 16-68 for Zone Change #672 - A Zone Change Request from Agriculture-Open Space (A-1) to Agriculture (AS) on Lot 71 of Sunny Cove Fruit Farms, a 9.43-Acre Parcel of Land
BACKGROUND: A Zone Change Request
RECOMMENDED ACTION: Approve
Attachments ZC 672 RESOLUTION NO. 16-68
Final Resolution Approving Zone Change #672
WHEREAS, pursuant to Title 76, Chapter 2, Montana Code Annotated, and the regulations of the Yellowstone County Jurisdictional Area Zoning Plan, the Board of County Commissioners of Yellowstone County, Montana, held a public hearing on the 26th of April, 2016 on Zone Change Request No. 672 described as follows:
A Zone Change Request from Agriculture-Open Space (A-1) to Agriculture Suburban (AS) on Lot 71 of Sunny Cove Fruit Farms, a 9.43-acre parcel of land.
WHEREAS, the Board of County Commissioners adopted a Resolution of Intent on the 26th day of April, 2016, to amend the Yellowstone County Jurisdictional Area Zoning Plan by APPROVING Zone Change #672; and
WHEREAS, that for thirty (30) days the Board of County Commissioners received no written protests.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the above described zone change be approved for the reasons stated in Resolution of Intent #16-48 on file in the Clerk and Recorder’s Office.
DATED this 31st day of May, 2016.
BOARD OF COUNTY COMMISSIONERS YELLOWSTONE COUNTY, MONTANA
Bill Kennedy, Chairman
John Ostlund, Member
James E. Reno, Member
B.O.C.C. Regular Agenda Item 7. Meeting Date: 05/31/2016 Title: MOU for 56th St W & King Ave W Roundabout Submitted For: Tim Miller, Public Works Director Submitted By: Tim Miller, Public Works Director
TOPIC: MOU for Maintenance of the New Roundabout for 56th St. W. & King Ave. W.
BACKGROUND: Document outlines the maintenance responsibilities between MDT and Yellowstone County for the roundabout at 56th St W and King Ave. W.
RECOMMENDED ACTION: Approval
Attachments Roundabout MOU
B.O.C.C. Regular Agenda Item 8. Meeting Date: 05/31/2016 Title: By-Law change for YSC Board of Directors Submitted For: Val Weber Submitted By: Sue O'Connor
TOPIC: By-Law Change for Youth Services Board of Directors
BACKGROUND: N/A
RECOMMENDED ACTION: Approve recommendation to reduce number of members needed
Attachments By-Law changes Paulette Turner- Byrd
From: Sue O' Connor Sent: Thursday, May 19, 2016 1: 54 PM To: Bernadette Blaylock; Bill Kennedy; David Krueger; Jason Larson; Jeremy House; Jim Hicks; Jim Reno; John Ostlund; Johnnie McClusky; Joseph Rich; Julie Hecker; Kevin Evans; Lindsey Fox; Mike Boyett; Paul Hawkins; Paulette Turner- Byrd; Tara French( mt.gov); Ted Lechner; Tiffani Sherman ( mt.gov); Val Weber
Attachments: BYLAWS proposed member reduction.doc
Greetings!
Our last board meeting included a recommendation to change the By- Laws to reduce the number of members needed on the Board of Directors. Reducing the members will reflect how the board is actually operating, and will avoid the need to advertise for open positions that we are not filling.
The proposal is to reduce the total number of members from 24 to 18. Ten of these members would be individuals from the community( reduced from 16) with the remaining 8 as Ad- Hoc members and Commissioners.
Attached is the recommended changes highlighted in yellow. The proposal will be voted on at our next board meeting in August. Since the proposal involves a change in the by-laws, we will be asking for a vote from each member.
There will not be a board meeting during the months of June and July.
If you have any questions, just let us know. Hope you all have a great summer.
1 BYLAWS BOARD OF DIRECTORS YOUTH SERVICES CENTER PROGRAMS
ARTICLE I. NAME and LOCATION
The name of this body shall be the Board of Directors of the Youth Services Center Programs. This body shall maintain its principal office in the County of Yellowstone, State of Montana.
ARTICLE II. MEMBERSHIP
a) The composition of the Board of Directors (Board) of the Youth Services Center Programs shall consist of no more than twenty- four 24) ( 18) persons; sixteen (16) ( 10) individuals from the community, the Director of Youth Services Center ( non- voting) , the Chief Probation Officer for the Thirteenth Judicial District (non- voting) , the Chief Probation Officer for 22nd the Judicial District (non- voting) , the Regional Director of the Department of Public Health and Human Services (non- voting) , Department of Corrections Representative (non- voting) , and three (3) Yellowstone County Commissioners ( non- voting) , appointed by the Yellowstone County Commissioners with the assistance of the Youth Services Center Board.
b) All members shall share in the responsibilities of the Board which includes support of its purposes and constructive contribution to its program and activities .
c) Inactive membership may be conferred by the Executive Committee on any member requesting an extended absence from Board meetings, or who wishes to maintain membership without regular attendance at Board meetings.
d) If a Board member misses more than three (3) consecutive meetings with the exception of illness or emergencies, the Board will request the County Commissioners to replace that member, after such time that the member be given an opportunity to be heard by the Board.
e) Any Board member conduct not consistent with the standards in Article II, Section b, may be reason for expulsion from the Board. Expulsion shall be by two- thirds of the Board after the member has had the opportunity to be heard by the Board. The action of the Board is final .
f) All Board members shall be appointed for a period of two (2) years .
ADOPTED: 3/ 7/ 1995 AMENDED: 12/ 1996 AMENDED: 06/ 1998 AMENDED: 01/ 2010 AMENDED: 04/ 2011
B.O.C.C. Regular Agenda Item 9. Meeting Date: 05/31/2016 Title: Submitted By: Teri Reitz, Board Clerk
TOPIC: PERSONNEL ACTION REPORTS - IT - 2 Terminations; Sheriff's Office - 1 Termination; Finance - 1 Salary & Other; County Attorney - 1 Appointment
BACKGROUND: N/A
RECOMMENDED ACTION: Approve
Attachments PAR PAR
B.O.C.C. Regular Agenda Item 1. Meeting Date: 05/31/2016 Title: Submitted By: Teri Reitz, Board Clerk
TOPIC: May 1st to May 15th Payroll Audit
BACKGROUND: N/A
RECOMMENDED ACTION: Place to file.
Attachments Payroll Audit
B.O.C.C. Regular Agenda Item 2. Meeting Date: 05/31/2016 Title: Submitted By: Teri Reitz, Board Clerk
TOPIC: Board MInutes - Yellowstone Conservation District, Adult Resource Alliance,Shepherd Cemetery District
BACKGROUND: Various Yellowstone County Board Minutes
RECOMMENDED ACTION: Place to file.
B.O.C.C. Regular Agenda Item 3. Meeting Date: 05/31/2016 Title: Liz Harding Board Resignation Submitted By: Paulette Turner-Byrd
TOPIC: Resignation - Liz Harding from Historic Preservation Board
BACKGROUND: N/A
RECOMMENDED ACTION: N/A
Attachments Liz Harding Resignation May 20, 2016
Dear Lora:
It is with regret that I must submit my resignation from the Yellowstone Historic Preservation Board. I have recently changed jobs and will need to focus my full attention to my new career and work schedule. Please accept my letter of resignation effective immediately.
I have enjoyed serving on the Board and meeting community members. I stand behind the work that you all do and will be excited to hear about the North Elevation Historic District project reaching completion. I know how hard the Board and volunteers have worked on that nomination.
If I can ever be of further assistance, please don' t hesitate to contact me.
Thank you, U Liz Harding
B.O.C.C. Regular Agenda Item 4. Meeting Date: 05/31/2016 Title: Response to Audit Findings - May 23,2016 Submitted By: Charri Victory
TOPIC: Response to May 1st through May 15th Payroll Audit
BACKGROUND: na
RECOMMENDED ACTION: na
Attachments Response to Audit Findings - May 23,2016