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County counsel briefs commissioners on $5 million claim and solid-waste hauling agreement protections

Daniels County Board of Commissioners · February 20, 2025
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Summary

County counsel reported an outside claimant sought up to $5 million in damages and that the county's insurer and Mako counsel are reviewing; counsel also said the city hauling agreement includes protections and an exit clause for the county.

County counsel and the county public administrator updated the board about an external claim and an intergovernmental solid-waste agreement.

Counsel said an outside party had filed or threatened a claim that referenced Montana and federal codes and asked for $5,000,000; Mako (the county’s insurer/insurance counsel) is reviewing and counsel characterized the demand as likely unsubstantiated. The county public administrator and counsel said they had provided documents to Mako and that there was no indication of deliberate wrongdoing by county officials.

Separately, counsel reviewed a draft agreement allowing a city to haul its own garbage, saying the contract language gives the county strong protections (including cross‑indemnification) and a relatively short exit provision if problems arise; commissioners discussed weight-ticket methods and billing safeguards to prevent overbilling under the contract.