County weighs donated Wells Fargo building after attorney flags procurement language

Anaconda-Deer Lodge County commissioners reviewed an offer from RML Rentals LLC to donate the former Wells Fargo building to the county, but the commission held the item pending legal review after the county attorney cautioned that contract language could conflict with state procurement rules.

CEO Bill Everett told the commission the donated building could centralize financial services — taxes, water bills and vehicle registration — and estimated roughly $1,000,000 in improvements would be needed to make the space usable, with about half of that amount earmarked for a new elevator. “Building this same building today would cost at least $6,000,000,” Everett said, arguing the county would save by reusing an existing downtown asset.

County Attorney Morgan Smith said she has concerns with a provision in the draft agreement (highlighted in the packet) that appears to condition parts of the remodel and match language in a way that may conflict with the statutory requirement for competitive sealed bidding on public construction over $80,000. “As it is in front of you now, the language is in conflict with the statute,” Morgan Smith said; she said she has contacted the Montana Association of Counties and the County Attorneys Association for guidance and hoped to have more information in a few days.

Commissioner Ed Beaudette said the contract language raised red flags and warned the provision could effectively steer work to a particular bidder: “Based on my twenty-one years of experience in dealing with contracts, I don’t believe that this is something that we can enter into,” he said, requesting the commission not advance the item until the County Attorney provides a definitive opinion.

Rex Leipheimer of RML Rentals LLC, the donor, addressed the commission and said he did not intend to profit from the gift. Leipheimer said he included the remodel language to ensure the donor’s contribution would be respected and to avoid the appearance of being handed a contract for the work. “I am doing it for the betterment of all parties, and I will see that through,” he said, adding that he did not want the clause to block the deal.

No formal vote was taken. The commission agreed to delay placing the donation on a voting agenda until the County Attorney provides guidance about whether the proposed contract can be made compliant with procurement statute or must be re-drafted. If the County Attorney is comfortable with revised language, the item will be scheduled for a future business meeting.