The Docket · Government Meeting · DKT-2026-001086

On the agenda: Virginia City meeting — data center (Jun 2)

Past ⚠ Agenda Watch Virginia City, Montana · Tuesday, June 2, 2026 — 3 months ago

About this record

The published agenda for this June 2 meeting contains: "data center", "Data Center". The meeting has passed; the record and its outcome live here permanently.

WhenTuesday, June 2, 2026
Check the agenda document for the meeting time.

WhereVirginia City, Montana

Money$564,817 was at stake

On the record“data center”“Data Center”

The agenda, word for word

Government public record — the full text of the published document, archived August 20, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

72 pages · scroll to read

Page 1 of 72

Madison County Board of Commissioners Meeting
10:00 am Tuesday, June 2, 2026, until concluded
First Floor Public Meeting Room
Administrative Office Building, Virginia City, Montana
WebEx Login:
https://madisoncounty.my.webex.com/madisoncounty.my/j.php?MTID=m41ec260e52fb051a5b5abad7194ef5ac

Meeting Number: 2557 256 7614 Password: VCMadison
Join by Phone: 1-650-479-3208 Password: 82623476
Press *6 to mute or unmute
Duke Gilman, District 1 Commissioner
Ron Nye, District 2 Commissioner, Chairman
Bill Todd, District 3 Commissioner

CALL TO ORDER, PLEDGE OF ALLEGIANCE, ROLL CALL
PUBLIC COMMENT (PLEASE LIMIT TO 5 MINUTES PER PERSON)
CONSENT AGENDA
•
•
•
•

Minutes for May 26, 2026 Regular Meeting
Minutes for May 19, 2026 Compensation Meeting
Funding Agreement - Better Local Bridge (BLB) Grant Award Judy Lane Bridge
Replacement Project - MDT’s Award of $564,817
Approval of Claims

REPORTS OF COMMITTEES
•

None

UNFINISHED BUSINESS
•

None

NEW BUSINESS
•
•
•
•
•
•
•
•
•

Old Madison County Road Shop - Twin Bridges - Petroleum Release Investigation
Harrison Phase 2 Wastewater
Fire Chief in Dillon/Beaverhead County Dist. #2
Setting COLA for FY26-2027
County Attorney Pay Increase
Resolution 26-2026 – A Resolution Reestablishing the Madison’s and Ruby Valley
Rural Ambulance District
Resolution 27-2026 – A Resolution Creating the Big Sky Hospital District
Approval of Planning Director to Attend the MACo Energy Economies in Rural
Montana Workshop
Conclusion Governance Letter and Passed Audit Finding

ANNOUNCEMENTS AND CALENDARS
Jun 4, 2026
Jun 8, 2026
Jun 18, 2026
Jun 26, 2026
Jun 29, 2026
Jul 16, 2026

ADJOURNMENT

Library Board Meeting 9:30 AM Thompson-Hickman Library
Airport Board Meeting 6:00 PM Annex Building Public Meeting Room
Fair Board Meeting 7:00 PM Fairgrounds
Housing Advisory Board Meeting 9:00 AM Online Meeting
Planning Board Meeting 6:00 PM Big Sky Location TBD
Safety Committee Meeting 10:00 Public Meeting Room

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3.1. Minutes for May...Regular Meeting / Madison County Commissi... Minutes - May 26 2026 Page 1 of 71

Madison County
Commissioners Regular Meeting
May 26, 2026, 10:00 am Mountain Time until concluded
103 W Wallace St, Virginia City, MT 59755, United States
First Floor Public Meeting Room, Administrative Office Building

Present:
Duke W. Gilman, Commissioner, District 1
Ron E. Nye, Commissioner, District 2, Chairman
William A. Todd, Commissioner, District 3
In attendance:
Ryan Wolter, IT Support Specialist, administered the Webex connection
Sarah Carlson, Commissioners’/Airport Assistant, was present to take minutes
Attendee List:
Cody Marxer, Planning Director
Colton Lauer, County Attorney
Donna Avilez, Finance Director
Amy Robbins, Fairground Manager
William Tackitt, Fair Maintenance
Shawna Lutgen, Grants Manager
Duncan Hedges, Sheriff
Craig Schroder, Undersheriff
Kelli Kirtley, MCCC
Clayton Marxer, Weed Coordinator
Alec LaBelle, Jackson Contractor Group
Joanne Galiger, Nursing Home Foundation
Dan High, District 2 Commissioner Candidate
Sherri High
1. Call to Order, Pledge of Allegiance, Roll Call
2. Public Comment (Please Limit to 5 Minutes Per Person)
None
3. Consent Agenda
3.1. Minutes for May 18, 2026, Work Session Meeting
3.2. Minutes for May 19, 2026, Regular Meeting
3.3. Minutes for May 19, 2026, Special Meeting
3.4. Minutes for May 20, 2026, Preliminary Budget

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3.5. Minutes for May 21, 2026, Preliminary Budget
3.6. Amendment Number One - Task Order for Immunization Services Task Order
Number 26-07-4-31-126-0 HHS-PHSD-00001918
3.7. Approval of Claims
RESOLVED: Commissioner Todd moved to approve the Consent Agenda as presented.
Commissioner Gilman seconded the motion
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: None. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.
4. Reports of Committees
None
5. Unfinished Business
None
6. New Business
6.1. CMC Proposals and Bid Selection- MVM Kitchen Renovation
Becky Lawson of A&E + SMA Design joined via WebEx, and the Commissioner scored the bid
proposals.
RESOLVED: Commissioner Todd moved to accept the bid from Jackson Contractor Group, Inc.
Commissioner Gilman seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: Lutgen and Lawson. Discussion: Commissioner Gilman, Commissioner Nye, and
Commissioner Todd.

6.2. MVM/TRMCC Beds and Mattresses Bid Posting
RESOLVED: Commissioner Todd moved to approve the MVM/TRMCC Beds and Mattresses
Bid Posting as presented. Commissioner Gilman seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: Lutgen. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.

6.3. Harrison Phase 2 Wastewater - Community Development Block Grant (CDBG)
Environmental Assessment

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RESOLVED: Commissioner Todd moved to approve Harrison Phase 2 Wastewater Community Development Block Grant (CDBG) Environmental Assessment as read.
Commissioner Gilman seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: Lutgen. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.

6.4. Resolution 22-2026, A Resolution of Intent to Adopt Madison County Draft Road
Inventory Map As “Best Available Data” Following A Public Hearing by The Madison
County Board of Commissioners
RESOLVED: Commissioner Todd moved to approve Resolution 22-2026, A Resolution of Intent
to Adopt the Madison County Draft Road Inventory Map as “Best Available Data” Following a
Public Hearing by the Madison County Board of Commissioners. Commissioner Gilman
seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: Marxer. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.

6.5. Cleaning Weed Office
RESOLVED: Commissioner Todd moved to approve weekly cleaning of the Madison County
Weed Office by the Custodian Department. Commissioner Gilman seconded the motion
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: None. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.

6.6. Frosty Morning Road Legal Status
Colton Lauer, the Madison County Attorney, appeared before the Commissioners to provide
information on the legal status of Frosty Morning Road.
RESOLVED: Commissioner Todd moved to table the Frosty Morning Road Legal Status.
Commissioner Gilman seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: Lauer. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.

6.7. Resolution 24-2026 – A Resolution of Intent to Create Rural Improvement
District Rid-M-2026-1 (Big Sky Global Rid)

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RESOLVED: Commissioner Todd moved to approve Resolution 24-2026 – A Resolution of
Intent to Create Rural Improvement District Rid-M-2026-1 (Big Sky Global Rid). Commissioner
Gilman seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: Lauer. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.

6.8. Resolution 25-2026 – A Resolution of Intent to Dissolve Rids 80, 99-02, 99-03,
And 00-02
RESOLVED: Commissioner Todd moved to approve Resolution 25-2026 – A Resolution of
Intent to Dissolve Rids 80, 99-02, 99-03, and 00-02. Commissioner Gilman seconded the
motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: Lauer. Discussion: None

6.9. Advertising for an Archaeologist for the Courthouse Project
RESOLVED: Commissioner Todd moved to approve advertising for an Archaeologist for the
Courthouse Project. Commissioner Gilman seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: LaBelle. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.

6.10. Courthouse Public Notice
RESOLVED: Commissioner Todd moved to approve the Courthouse Public Notice.
Commissioner Gilman seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: None. Discussion: None

6.11. Fairground Lawn Mower
RESOLVED: Commissioner Todd moved to approve the purchase of a John Deere lawn mower
for $6,360.00. Commissioner Gilman seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: Robbins and Tackitt. Discussion: Commissioner Gilman, Commissioner Nye, and
Commissioner Todd.

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6.12. DUI Task Force Plan for SFY2027
RESOLVED: Commissioner Todd moved to continue this item. Commissioner Gilman
seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: None. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.
6.13. Budget for DUI Task Force: Esther Lince (keep last in regular meeting)
The scheduled budget meeting had no attendees. However, a preliminary budget for the DUI
Task Force department was submitted for the fiscal year 2026-2027.
Commissioners recessed at 10:29 am and reconvened at 2:00 pm
6.14. 2:00 pm Budget for Sheriff Department - Duncan Hedges
Duncan Hedges, Madison County Sheriff, and Kelli Kirtley, Madison County’s Communications
Officer, presented the Commissioners with a preliminary budget for fiscal year 2026-2027 for
the Sheriff’s Department. The Commissioners requested that Joshua Denny, Communications
Officer, present the Communications budget on Monday, June 1, 2026.
Comment: Hedges, Schroder, and Kirtley. Discussion: Commissioner Todd, Commissioner
Gilman, and Commissioner Nye.

Adjournment
RESOLVED: Commissioner Todd moved to adjourn the meeting. Commissioner Gilman
seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
With no further discussion, the meeting was adjourned at 2:47 pm.
The upcoming Commission meeting is scheduled for Monday, June 2, 2026, at 10:00 a.m. in the
Public Meeting Room of the Administrative Building in Virginia City, Montana.

Signed: ……………………………………..
Ronald E. Nye, Commissioner, Chairman
Date approved: June 2, 2026

Date:……………….

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Signed: ……………………………………..
Minutes prepared by:
Sarah Carlson, Commissioners/Airport Secretary

Date:………………..

Signed: ……………………………………..
Paula McKenzie, Clerk and Recorder, Madison County

Date:……………….

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3.2. Minutes for May...nsation Meeting / Madison County Commissi...g Minutes - May 26 2026 Page 7 of 71

Madison County
Compensation Meeting
May 26, 2026, 3:00 pm Mountain Time until concluded
103 W Wallace St, Virginia City, MT 59755, United States
First Floor Public Meeting Room, Administrative Office Building

1. Call to Order, Roll Call
David Buchler, Madison County Attorney, indicated that the Compensation Board meeting is
scheduled to determine the salaries of elected officials in accordance with Montana Code
Annotated 7-4-2503. David Buchler further provided context, noting that the board has
previously sanctioned salary increases aligned with the Consumer Price Index (CPI). Currently,
MACo is utilizing a CPI figure of 2.69%. Additionally, according to data from the National
Association of Realtors, Madison County ranks as having the fourth-highest median home value
among all counties within the state, and it possesses the second-highest taxable value in
Montana.
7-4-2503. Salary schedule for certain county officers -- county compensation board. (1) (a)
The salary paid to the county treasurer, county clerk and recorder, clerk of the district court, county
assessor, county superintendent of schools, county sheriff, county surveyor in counties where county
surveyors receive salaries as provided in 7-4-2812, justice of the peace, county coroner, and county

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3.2. Minutes for May...nsation Meeting / Madison County Commissi...g Minutes - May 26 2026 Page 8 of 71

auditor in all counties in which the office is authorized must be established by the county governing
body based upon the recommendations of the county compensation board provided for in subsection
(4).
(b) Except as provided in subsection (2), the annual salary established pursuant to subsection (1)(a)
must be uniform for all county officers referred to in subsection (1)(a).
(2) (a) An elected county superintendent of schools must receive, in addition to the salary based
upon subsection (1), the sum of $400 a year, except that an elected county superintendent of schools
who holds a master of arts degree or a master's degree in education, with an endorsement in school
administration, from a unit of the Montana university system or an equivalent institution may, at the
discretion of the county commissioners, receive, in addition to the salary based upon subsection (1),
up to $2,000 a year.
(b) The county sheriff must receive, in addition to the salary based upon subsection (1), the sum of
$2,000 a year. The additional salary provided in this subsection (2)(b) must be included as salary for
the purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-42508.
(c) In addition to the salary provided for in subsections (1) and (2)(b), the county sheriff may receive
any additional salary as determined by the board of county commissioners. The additional salary
provided in this subsection (2)(c) must be included as salary for the purposes of computing the
compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508.
(d) The county sheriff must receive a longevity payment amounting to 1% of the salary determined
under subsections (1) and (2)(b) for each year of service with the sheriff's office. The payment,
nonpayment, increase, lack of increase, or decrease of the discretionary salary under subsection (2)(c)
has no impact on the longevity payment. The additional salary amount provided for in this subsection
may not be included in the salary for purposes of computing the compensation for undersheriffs and
deputy sheriffs as provided in 7-4-2508.
(e) If the clerk and recorder is also the county election administrator, the clerk and recorder may
receive, in addition to the base salary provided in subsection (1)(a), up to $2,000 a year. The additional
salary provided for in this subsection (2)(e) may not be included as salary for the purposes of
computing the compensation of any other county officers or employees.
(f) The county treasurer, clerk of district court, and justice of the peace may each receive, in addition
to the base salary provided in subsection (1)(a), up to $2,000 a year. The additional salary provided
for in this subsection (2)(f) may not be included as salary for the purposes of computing the
compensation of any other county officers or employees.
(g) The county coroner may be a part-time position, and the salary may be set accordingly.
(h) The justice of the peace for a justice's court of record may receive, in addition to the base salary
provided in subsection (1)(a), compensation up to an amount allowed by 3-10-207.
(i) A reserve deputy sheriff's officer may be compensated in a manner determined by the board of
county commissioners.
(3) (a) Subject to subsection (3)(b), the salary for the county attorney must be set as provided in
subsection (4).
(b) If the uniform base salary set for county officials pursuant to subsection (1) is increased, then
the county attorney is entitled to at least the same increase unless the increase would cause the
county attorney's salary to exceed the salary of a district court judge.
(c) (i) After completing 4 years of service as deputy county attorney, each deputy county attorney
is entitled to an increase in salary of $1,000 on the anniversary date of employment as deputy county

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attorney. After completing 5 years of service as deputy county attorney, each deputy county attorney
is entitled to an additional increase in salary of $1,500 on the anniversary date of employment. After
completing 6 years of service as deputy county attorney and for each year of additional service up to
completion of the 11th year of service, each deputy county attorney is entitled to an additional annual
longevity salary increase of $500 or a greater amount based on the schedule developed and
recommended by the county compensation board as provided in subsection (4). Any additional annual
longevity salary increase provided for in this section after the 11th year of service may not exceed the
amount provided in the schedule developed and recommended by the county compensation board.
(ii) The years of service accumulated after the 11th year of service as a deputy county attorney
prior to July 1, 2015, may not be included in the calculation of the longevity increases by the county
compensation board under this section.
(iii) The years of service as a deputy county attorney accumulated prior to July 1, 1985, must be
included in the calculation of the longevity increase.
(4) (a) There is a county compensation board consisting of:
(i) the county commissioners;
(ii) three of the county officials described in subsection (1) appointed by the board of county
commissioners;
(iii) the county attorney;
(iv) two to four resident taxpayers appointed initially by the board of county commissioners to
staggered terms of 3 years, with the initial appointments of one or two taxpayer members for a 2-year
term and one or two taxpayer members for a 3-year term; and
(v) (A) subject to subsection (4)(a)(v)(B), one resident taxpayer appointed by each of the three
county officials described in subsection (4)(a)(ii).
(B) The appointments in subjection (4)(a)(v)(A) are not mandatory.
(b) The county compensation board shall hold hearings annually for the purpose of reviewing the
compensation paid to county officers. The county compensation board may consider the
compensation paid to comparable officials in other Montana counties, other states, state government,
federal government, and private enterprise.
(c) The county compensation board shall prepare a compensation schedule for the elected county
officials, including the county attorney, for the succeeding fiscal year. The schedule must take into
consideration county variations, including population, the number of residents living in unincorporated
areas, assessed valuation, motor vehicle registrations, building permits, and other factors considered
necessary to reflect the variations in the workloads and responsibilities of county officials as well as
the tax resources of the county.
(d) A recommended compensation schedule requires a majority vote of the county compensation
board, and at least two county commissioners must be included in the majority. A recommended
compensation schedule may not reduce the salary of a county officer that was in effect on May 1,
2001.
(e) The provisions of this subsection (4) do not apply to a county that has adopted a charter form
of government or to a charter, consolidated city-county government.

Comment: Buchler, Tregila, Hedges, and Burke. Discussion: Commissioner Gilman,
Commissioner Nye, and Commissioner Todd.

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2. Appointment of Elected Officials to the Compensation Board
RESOLVED: Commissioner Todd moved to appoint Dino Fanelli, Dan Doornbos, Tony Treglia,
Ken Walsh, Duncan Hedges, Jordan Allhands, and Shelly Burke. Seconded by Commissioner
Gilman.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
Comment: Buchler. Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner
Todd.

3. Madison County Compensation Board Discussion and Action Items
a) David Buchler outlines the appropriations for the elected officials.
•
•
•
•
•

Clerk and Recorder $2,000.00
Treasurer $2,000.00
Clerk of District Court $2,000.00
Justice of the Peace $2,000.00
Sheriff $10,000.00 and $2,000.00

RESOLVED: Commissioner Todd moved to grant apportionments consistent with last year's
levels and those outlined by the county attorney. Motion was seconded by Commissioner
Gilman.
For: Duke Gilman, Ronald Nye, William Todd, Dino Fanelli, Dan Doornbos, Tony Treglia, Ken
Walsh, Duncan Hedges, Jordan Allhands, and Shelly Burke. Motion passed.
Comment: Allhands, Buchler, and Treglia. Discussion: Commissioner Gilman, Commissioner
Nye, and Commissioner Todd.

b) The board deliberated on the Cost of Living Adjustment (COLA) rate recommended by
MACo.
RESOLVED: Commissioner Todd proposed a cost-of-living adjustment (COLA) of 3% for all
elected officials. Motion was seconded by Commissioner Gilman.
For: Duke Gilman, Ronald Nye, William Todd, Dino Fanelli, Dan Doornbos, Tony Treglia, Ken
Walsh, Duncan Hedges, Jordan Allhands, and Shelly Burke. Motion passed.
Comment: Burke, Walsh, Treglia, Allhands, and Buchler. Discussion: Commissioner Gilman,
Commissioner Nye, and Commissioner Todd

c) Shelly Burke, the Madison County Treasurer, proposed initiating a discussion to align elected
officials' salaries more closely with those of department heads, citing the finance department as
an example.

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The board discussed the comparison of Madison County salaries to those of other counties in
Montana, as well as taxable values.
RESOLVED: Dan Doorbos moved to increase the elected officials' pay by $3,000.00. Dino
Fanelli seconded the motion.
For: Ron Nye, Dino Fanelli, Dan Doornbos, Ken Walsh, Duncan Hedges, Jordan Allhands, and
Shelly Burke. Against: William Todd, Duke Gilman, and Tony Treglia. Motion passed.
Comment: Burke, Fanelli, Hedges, Treglia, Buchler, Schroder, Allhands, Doornbos, and Walsh.
Discussion: Commissioner Gilman, Commissioner Nye, and Commissioner Todd

Adjournment
RESOLVED: Commissioner Todd moved to adjourn the meeting. Commissioner Gilman
seconded the motion.
For: Duke Gilman, Ronald Nye, and William Todd. Motion passed.
With no further discussion, the meeting was adjourned at 3:42 pm.
The upcoming Commission meeting is scheduled for Monday, June 2, 2026, at 10:00 a.m. in the
Public Meeting Room of the Administrative Building in Virginia City, Montana.

Signed: ……………………………………..
Ronald E. Nye, Commissioner, Chairman
Date approved: June 2, 2026

Date:……………….

Signed: ……………………………………..
Minutes prepared by:
Sarah Carlson, Commissioners/Airport Secretary

Date:………………..

Signed: ……………………………………..
Paula McKenzie, Clerk and Recorder, Madison County

Date:……………….

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Docusign Envelope ID: D4253AFA-78BF-8543-83C4-3BCBAE0073FB

3.3. Funding Agreeme...d of $564,817 / Complete_with_Docusign_BLB_Funding_AgreementPage 12 of 71
FUNDING AGREEMENT
Better Local Bridge (BLB) Grant Award
Judy Lane Bridge Replacement Project
This Funding Agreement (AGREEMENT) is made and entered into by and between Madison
County (RECIPIENT), 103 West Wallace Street, Virginia City, MT 59755, (81-6001389) and the
Montana Department of Transportation (MDT), PO Box 201001, Helena, MT 59620 (810302402), together referred to as “the PARTIES.”
The purpose of this AGREEMENT is to establish the responsibilities and duties of the PARTIES
with respect to MDT’s award of $564,817 to RECIPIENT for the Judy Lane Bridge Replacement
Project (PROJECT).
RECIPIENT has proposed the PROJECT for the purpose of replacing Judy Lane Bridge (MDT
structure #03607) where it crosses the Ruby River.
WHEREAS, the PROJECT’s total estimated cost is $1,355,560; and
WHEREAS, the RECIPIENT is required to contribute matching funds no less than twenty (20)
percent of the final total PROJECT cost;
WHEREAS, the RECIPIENT is responsible for providing the remaining $790,743 in PROJECT costs;
and
WHEREAS, the 69th Montana Legislature passed House Bill 924, effective June 19, 2025. House
Bill 924 created the Montana Growth and Opportunity Trust in Mont. Code Ann. § 17-1-401.
Within this Trust is the Better Local Bridge special revenue account (BLB fund), which was
codified in Mont. Code Ann. § 60-2-212, which allows for MDT to distribute grants to local
government for the costs associated with engineering and construction of local off-system
bridges; and
WHEREAS, the RECIPIENT requested and MDT awarded a BLB grant award of $564,817 to be
used by RECIPIENT for PROJECT costs; and
WHEREAS, State of Montana (State) funds will be used to pay for the engineering and
construction, the RECIPIENT and MDT must ensure that State requirements are met in order for
the PROJECT to remain eligible for State funding; and,
WHEREAS, the road upon which the PROJECT is located is a public road not on any commissiondesignated highway system, and the road is under the legal jurisdiction of the RECIPIENT; and,
WHEREAS, the RECIPIENT agrees to maintain or cause to be maintained, the existing and newly
repaired Bridge, as set forth in more detail herein; and,
WHEREAS, the RECIPIENT desires to have the PROJECT constructed, and deeming it to be a
valuable and beneficial consideration, and it will perform the functions, duties and
responsibilities as set forth in this AGREEMENT; and,
NOW THEREFORE, the PARTIES agree as follows:
1

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Docusign Envelope ID: D4253AFA-78BF-8543-83C4-3BCBAE0073FB

3.3. Funding Agreeme...d of $564,817 / Complete_with_Docusign_BLB_Funding_AgreementPage 13 of 71
ARTICLE I. GENERAL OBLIGATIONS OF MDT
1. MDT will perform Montana Environmental Policy Act (MEPA) analysis based upon the
environmental checklist (MDT-ENV-006) submitted by RECIPIENT, along with any
supplied supporting documentation, including environmental permits, consultations,
and public involvement/notification. MDT Environmental Services will contact the
RECIPIENT if additional information or clarification is required to complete the
environmental review. MDT will issue a signed Environmental Checklist upon
completion of the environmental review.
ARTICLE II. GENERAL OBLIGATIONS OF THE RECIPIENT
1. The RECIPIENT will submit a completed MDT form environmental checklist (form MDTENV-006, available on MDT’s website), along with any required supporting
documentation, for MDT review and subsequent MEPA activities.
2. The RECIPIENT shall be responsible for complying with MEPA and all other applicable
federal, State, local and tribal environmental laws, rules, and regulations.
3. The RECIPIENT must obtain and maintain all federal, State, local, and tribal permits or
other permits of any type or nature required by a governing authority.
4. The RECIPIENT will not begin construction on the PROJECT prior to: (1) obtaining all
required permitting, (2) completing all required environmental consultations, and (3)
completing the MEPA process, including MDT signature.
5. The RECIPIENT is responsible for the design and construction of the PROJECT.
6. The RECIPIENT agrees to continue to own, operate, and maintain the Bridge for the
duration of and upon completion of the PROJECT, at no cost to MDT.
7. The RECIPIENT agrees to submit a Certification of Completion certifying the total final
PROJECT cost and verification that the RECIPIENT contributed matching funds in an
amount no less than twenty (20) percent of the total final PROJECT cost.
8. In the event the total final PROJECT cost is lower than the estimated cost set forth
above, the RECIPIENT agrees to pay back MDT the amount necessary to ensure
RECIPIENT’s match amount is no less than twenty (20) percent of the total final PROJECT
cost.
9. In the event RECIPIENT completes the PROJECT in a manner that is materially
inconsistent with this AGREEMENT, the RECIPIENT acknowledges and agrees MDT has
the discretion to deem the PROJECT ineligible for funding and require the RECIPIENT to
pay back all of the BLB funds it received from MDT, as set forth in Article III below, for
the PROJECT.
ARTICLE III. FUNDING
1. RECIPIENT:
a. Will accept five hundred and sixty-four thousand eight hundred and seventeen
dollars ($564,817) for RECIPIENT’s use on the PROJECT and will only spend the funds
on expenses for the PROJECT.
b. Agrees that MDT’s maximum and only funding contribution to the PROJECT is the
one-time payment of $564,817.
c. Is responsible for one hundred (100) percent of non-eligible costs and for the
payback of State funds expended on non-eligible elements of the PROJECT, if
required. If payback is required, the payment(s) must be sent to MDT at:

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Docusign Envelope ID: D4253AFA-78BF-8543-83C4-3BCBAE0073FB

3.3. Funding Agreeme...d of $564,817 / Complete_with_Docusign_BLB_Funding_AgreementPage 14 of 71
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
P.O. Box 201001
Helena, MT 59620-1001
d. If payment is not made by the RECIPIENT within thirty (30) days, interest on the
unpaid amount will accrue at the rate of ten (10) percent per year and continue to
accrue until paid in full.
e. MDT will not participate in any future funding Agreement with the RECIPIENT until
full payment, including any interest, is received from the RECIPIENT.
2. MDT:
a. MDT will pay RECEIPIENT the amount of $564,817 out of BLB grant award funds
when this AGREEMENT is fully executed AND when the MEPA checklist is approved
by MDT.
ARTICLE IV. GENERAL TERMS AND CONDITIONS
1. Term – This AGREEMENT shall terminate upon completion of the PROJECT.
2. Termination – This AGREEMENT may be terminated by MDT if RECIPIENT violates or
breaches any term, condition, or article of this AGREEMENT and RECIPIENT has failed to
correct (or reasonably initiate correction) within sixty (60) days of receiving notice in
writing addressed to the Local Agency’s representative, of such violation or breach of
any term, condition, or article of this AGREEMENT. If the AGREEMENT is terminated for
cause, RECIPIENT shall be required to payback all BLB funds received as set forth in
Article III above. This AGREEMENT may be terminated at any time based upon mutual
written consent of the Parties. If the AGREEMENT is terminated by mutual consent prior
to fulfillment of the terms stated herein, RECIPIENT shall be eligible to retain eighty (80)
percent of its actual costs incurred to the date of termination, which is no case shall
exceed the estimated costs set forth in the Funding Table, and shall pay back any BLB
funds received in excess of eighty (80) percent of its actual costs.
3. Other Agreements – Other Agreements pertaining to the PROJECT area remain in full
force and effect. In the case of a conflict between this AGREEMENT and a previously
executed Agreement, the terms of this AGREEMENT apply.
4. Hold Harmless and Indemnification
a. The RECIPIENT agrees to protect, defend, indemnify, and hold MDT, its elected and
appointed officials, agents, and employees, while acting within their duties as such,
harmless from and against all claims, liabilities, demands, causes of action, and
judgments ( including the cost of defense and reasonable attorney fees) arising in
favor of or asserted by the RECIPIENT’s employees or third parties on account of
personal or bodily injury, death or damage to property, arising out of the acts or
omissions of the RECIPIENT, its agents, or sub-contractors, under this AGREEMENT,
except the negligence of MDT.
b. MDT agrees to protect, defend, indemnify, and hold the RECIPIENT, its elected and
appointed officials, agents, and employees, while acting within their duties as such,
harmless from and against all claims, liabilities, demands, causes of action, and
judgments ( including the cost of defense and reasonable attorney fees) arising in
3

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favor of or asserted by the MDT’s employees or third parties on account of personal
or bodily injury, death or damage to property, arising out of the acts or omissions of
MDT, its agents, or sub-contractors, under this AGREEMENT, except the negligence
of the RECIPIENT.
5. Insurance
a. General Requirements: Each PARTY shall maintain for the duration of this
AGREEMENT, at its own cost and expense, insurance, a self-funded plan, or riskpooling agreement covering claims for personal or bodily injury, death, or damage
to property that may arise from or in connection with the performance of duties
and obligations in this AGREEMENT by each PARTY, its agents, employees,
representatives, assigns, or sub-contractors. This coverage shall cover such claims as
may be caused by any negligent act or omission.
b. General Liability : Each PARTY shall purchase and maintain coverage with single and
combined single limits for bodily injury, personal injury, and property damage at or
exceeding the requirements of Mont. Code Ann. § 2-9-108 to cover such claims as
may be caused by or arising out of any negligent acts or omissions in work or
services performed under this AGREEMENT, or as established by statutory tort limits
as provided under this AGREEMENT or as established by statutory tort limits as
provided by a public entity self-insurance program either individually or on a pool
basis as provided by Montana Code Annotated Title 2, Chapter 9.
c. General Provisions: All insurance coverage must be with a carrier licensed to do
business in the State of Montana or by a public entity self-insured program either
individually or on a pool basis. Each PARTY must notify the other immediately of
any material change in insurance coverage, such as changes in limits, coverage,
change in status of policy, etc. Each PARTY reserves the right to request complete
copies of the other PARTY’s insurance policy or self-insured memorandum of
coverage at any time.
d. Workers’ Compensation Insurance: The RECIPIENT must maintain workers’
compensation insurance and require its contractors and its contractor’s subcontractors to carry their own workers’ compensation coverage while performing
work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401
and 39-71-405. Neither the RECIPIENT nor its employees are employees of MDT.
This insurance/exemption must be valid for the entire AGREEMENT period.
6. Choice of Law and Venue – This AGREEMENT shall be governed by the laws of Montana.
The PARTIES agree that any litigation concerning this AGREEMENT must be brought in
the First Judicial District Court, in and for the County of Lewis and Clark, State of
Montana, and each PARTY shall pay its own costs and attorney fees except as otherwise
noted in this AGREEMENT.
7. Binding Effect – The benefits and obligations set forth in this AGREEMENT shall be
binding upon, and inure to the benefit of, their respective successors, administrators
and assigns of the PARTIES.
8. Relationship of Parties – Nothing contained in this AGREEMENT shall be deemed or
construed (either by the PARTIES hereto or by any third party) to create the relationship
of principal and agent or create any partnership joint venture or other association
between the PARTIES.
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9. Non-Discrimination – The RECIPIENT will require that during the performance of any
work arising out of this AGREEMENT the RECIPIENT, for itself, assignees, and successors
shall comply with all applicable non-discrimination regulation set forth in Attachment A
attached hereto and made part of this AGREEMENT.
10. Americans with Disabilities Act (ADA) – MDT requires that any construction resulting
from this AGREEMENT must include appropriate pedestrian facilities that meet or
exceed current MDT policies and guidelines for accessibility as set forth by the United
States Department of Justice 2010 ADA Standards for Accessibility Design, United States
Access Board Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way,
and MDT’s detailed drawings, 608 series.
11. Audit – The RECIPIENT grants to the Legislative Auditor and the Legislative Fiscal
Analysts the right, without prior notice and during normal business hours, to audit, at
their own costs and expense, all records, reports, and other documents, the RECIPIENT
maintains in connection with this AGREEMENT.
12. Access and Retention of Records – The RECIPIENT agrees to provide the State,
Legislative Auditor, or their authorized agents access to any records necessary to
determine compliance with the AGREEMENT. The RECIPIENT agrees to create and retain
records supporting this AGREEMENT for a period of three (3) years after the completion
date of the AGREEMENT or the conclusion of any claim, litigation or exception relating
to the State of Montana or a third party.
13. Amendment and Modification – This AGREEMENT may be modified or amended only by
written Amendment signed by the PARTIES. In addition to the terms and conditions
contained herein, the provisions of any Amendment may be incorporated and made a
part hereof by this reference in the terms of the amendment so provided. In the event
of any conflict between the terms and conditions hereof and the provisions of any
Amendment, the provision of the Amendment shall control, unless the provisions
thereof are prohibited by law.
14. Representatives
a. RECIPIENT’s Representative: The RECIPIENT’s representative for this AGREEMENT
shall be the RECIPIENT manager or designee or such other individual as RECIPIENT
shall designate in writing. Whenever approval or authorization from or
communication or submission to RECIPIENT is required by this AGREEMENT, such
communication or submission shall be directed to the RECIPIENT’s representative
and approvals or authorizations shall be issued only by such representative;
provided, however, that in exigent circumstances when RECIPIENT’s representative
is not available, MDT may direct its communication or submission to other
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RECIPIENT’s contacts for billing and accounting:
Kristi Millhouse
Chief Financial Officer
Madison County
[email protected]
103 West Wallace Street
Virginia City, MT 59755
b. MDT’s Representative: The MDT representative for this AGREEMENT shall be the
Chief Financial Officer or Chief Engineer, or such other individual as MDT shall
designate in writing. Whenever direction to or communication with MDT is
required by this AGREEMENT, such direction or communication shall be directed to
MDT’s representative; provided, however, that in exigent circumstances when
MDT’s representative is not available, RECIPIENT may direct its direction or
communication or submission to other designated MDT personnel or agents.
MDT’s contact for billing and accounting:
Sharayah Clancy
Accounting Processing Section Supervisor
[email protected]
(406) 444-6026
P.O. Box 201001
Helena, MT 59620-1001
15. Counterpart Execution – This AGREEMENT may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same AGREEMENT. The counterparts of this AGREEMENT may be
executed and delivered by facsimile or other electronic signature by any of the PARTIES
to any other party and the receiving PARTY may rely on the receipt of such document so
executed and delivered by facsimile or other electronic means as if the original had
been received.

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IN WITNESS WHEREOF, MDT’s authorized representative has hereunto signed on behalf of the
State of Montana, and the RECIPIENT’s authorized representative on behalf of the RECIPIENT, has
signed and affixed hereto the seal of the RECIPIENT.

EXECUTION BY MADISON COUNTY (RECIPIENT)

__________________________________________________
Signature of RECIPIENT’S Designated Representative

Date: _____________________

Ronald Nye, Chair, Madison County Board of Commissioners_
Name and Title of RECIPIENT’S Designated Representative

Reviewed for Legal Content:

__________________________________________________
Signature of RECIPIENT’S Legal Services Representative

Date: _____________________

David Buchler, County Attorney _______________________
Name and Title of RECIPIENT’S Legal Services Representative

Attestation:

__________________________________________________
Signature of RECIPIENT’S Designated Representative

Paula McKenzie, Clerk and Recorder
_
Name and Title of RECIPIENT’S Designated Representative

Date: _____________________

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EXECUTION BY STATE OF MONTANA DEPARTMENT OF TRANSPORTATION (MDT)

__________________________________________________
Signature of MDT’s Designated Representative

Date: _____________________

Christopher Dorrington, Director_______________________
Name and Title of MDT’s Designated Representative

Reviewed for Legal Content:

__________________________________________________
Signature of MDT’s Legal Services Representative

Date: _____________________

Valarie Balukas, Chief Legal Counsel_____________________
Name and Title of MDT’s Legal Services Representative

Reviewed for Civil Rights Content:

__________________________________________________
Signature of MDT’s Civil Rights Representative

Erika Wimmer, Bureau Chief, Office of Civil Rights __________
Name and Title of MDT’s Civil Rights Representative

Date: _____________________

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Rev. 01/2026
Attachment A
MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law
MDT prohibits any and all discrimination and protections are all inclusive (hereafter “protected classes”) by its
employees or anyone with whom MDT does business:
Federal protected classes

Race, color, religion, national origin,
sex, age, disability, and genetic information.

State protected classes
Race; color; national origin; familial or marital status;
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth; creed; social origin or condition;
genetic information; sex, sexual orientation, gender
identification or expression; ancestry; age; mental or
physical disability; political or religious affiliations or
ideas; military service or veteran status; vaccination
status or possession of immunity passport.

For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and
Regulations of the United States and the State of Montana relative to Non-Discrimination in Federally
and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they
may be amended from time to time, which are herein incorporated by reference and made a part of this
contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not discriminate,
directly or indirectly, on the grounds of any of the protected classes in the selection and
retention of subcontractors, including procurements of materials and leases of equipment,
employment, and all other activities being performed under this contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it serves that will
include the following:
i. Statement that PARTY does not discriminate on the grounds of any protected classes.
ii. Statement that PARTY will provide employees and members of the public that it serves
with reasonable accommodations for any known disability, upon request, pursuant to
the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for PARTY’s representative tasked with handling non-discrimination
complaints and providing reasonable accommodations under the ADA.
iv. Information on how to request information in alternative accessible formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of its
hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and
qualifications and that PARTY does not discriminate on the grounds of any protected class.

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(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY
must comply with applicable federal and state laws regarding the DBEs, including but not limited
to 49 CFR Part 26.
b. By signing this agreement the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted
contracts. Failure by the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as the
recipient deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the PARTY of the PARTY’s obligation under this contract/agreement and all
Acts and Regulations of the United States and the State of Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the Acts,
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts,
other sources of information and its facilities as may be determined by MDT or relevant US DOT
Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.
Where any information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non-discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies;
and/or
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(7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the
PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Federal
-

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination
on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601
et seq.), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal-aid programs and projects);
Sections 162 and 301(g) of the Federal-Aid Highway Act of 1973, (Public Law No. 93-87, 87 Stat. 250,
codified at 23 U.S.C. § 324), (prohibits discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), (prohibits discrimination on the
basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of
age);
Section 520 of the Airport and Airways Improvement Act of 1982, (49 U.S.C. § 47123), (prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (Public Law No. 100-259), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section
504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities”
to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors,
whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, (42 U.S.C. §§ 12131 through 12189), which
prohibits discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities as implemented by
Department of Transportation regulations at 49 CFR parts 37 and 38;
Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis
of sex in education programs or activities (20 U.S.C. § 1681 et seq.).

State
-

Mont. Code Ann. § 49-3-205 Governmental services;
Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.

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(8) Incorporation of Provisions: The PARTY will include the provisions of paragraphs one through seven in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and/or directives cited therein. The PARTY will take action with respect to any
subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the
PARTY may request the United States to enter into the litigation to protect the interests of the United
States.

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