Daniels County presses City of Billings to revise MOU on communications-tower decommissioning

Daniels County commissioners on Nov. 22 raised objections to key provisions in a proposed memorandum of understanding with the City of Billings that would cover decommissioning and transfer of a communications tower to Daniels County.

Commissioners told Brian of Red Tail Communications, the contractor coordinating the work, that one MOU clause — which as written would make the county responsible for any damage during decommissioning on city property — “would absolutely stop us from agreeing to this,” a county official said. Brian said Red Tail had provided a conservative crane quote that could be reduced if the job is completed in a single day and recommended using a “not to exceed” figure in billing or the invoice to protect the county from unanticipated overruns.

Priscilla, a City of Billings representative on the call, said city legal was unlikely to accept some changes to the MOU but confirmed two practical steps: Red Tail should amend its invoice to reflect specific, not-to-exceed costs for the tower work, and the parties should spell out which expenses Daniels County will cover. "The items in yellow are covered by Daniels County property," Priscilla said when discussing the quoted items and the invoice, and she encouraged coordination between Red Tail and county staff on an amended invoice.

County officials pressed several operational points they want clarified before any agreement: (1) an allocation of which party is responsible for damages during removal and whether the crane operator’s insurance should be primary; (2) inclusion of inspection and acceptance language to allow the county to decline the tower if deconstruction reveals unsafe or unusable components; (3) weight, section lengths and transport logistics for hauling the tower to county property; and (4) clearer timing language to replace a vague “time is of the essence” clause. Brian told the commission he had tentatively held a crane for early December and could provide spec sheets and a more detailed quote.

Commissioners noted an initial Daniels County exposure shown in the materials as $5,595 and asked Red Tail to provide a line-item breakdown. County members said they are willing to participate if the MOU and invoices explicitly allocate costs and limit county liability. Several commissioners suggested a short inter-party agreement between Daniels County and Red Tail spelling out contractor responsibility for damage and insurance coverage before signing the City MOU.

The commission asked staff to send proposed language to Priscilla and requested Red Tail put the amended invoice and recommended MOU edits into an email so the city’s attorneys could review them. The board agreed to hold another special meeting to review revised documents and quotes once they are submitted.

Next steps: Red Tail will provide an amended invoice and spec sheets; county staff will email Priscilla with suggested contract language; the commission aims to review the revisions at a follow-up special meeting later in the month.