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Home My WebLink About18- Memorandum of Understanding - National Institute of Standards and Technology Engineering Laboratory - Community Resilience Planning Guide Implementation Memorandum of Understanding BETWEEN NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ENGINEERING LABORATORY AND City of Bozeman, Montana For the Implementation of the Community Resilience Planning Guide for Buildings and Infrastructure Systems Article I.Scope,Objectives and Authorities The National Institute of Standards and Technology(NIST)plans to collaborate with three communities for development of resilience plans using the NIST Community Planning Resilience Guide for Buildings and Infrastructure Systems and, if desired,the NIST Economic Decision Guide for Buildings and infrastructure Systems.The community should lead the development of a resilience plan and define the scope of the planning process. NIST intends to provide technical support by its research staff,contractor (Applied Research Associates),and NIST Community Resilience Fellows for up to a total of 240 hours, including travel and preparation time,over a 12-month period defined by this agreement. The purpose of NIST's involvement is to understand how the Community Resilience Planning Guide is implemented in different communities(process,form of final product),which aspects of the process work well,and which aspects may require revisions. NIST also plans to document the implementation process and publish the report on its website,since the experience of the community can encourage use of the Guide in other communities. NIST and City of Bozeman. Montana intend to document,in writing,the scope of the intended collaboration and accomplishments prior to starting the joint effort. If necessary,binding agreements may be established for access to confidential information(e.g.,nondisclosure agreement). NIST enters into this Agreement under the authorities granted by: • Title 15 United States Code Section 272(b)(10),which authorizes NIST to cooperate with other departments and agencies of the Federal Government,with industry,with State and local governments,with the governments of other nations and international organizations,and with private organizations in establishing standard practices,codes,specifications,and voluntary consensus standards. • Title 15 United States Code Section 272(b)(11),which authorizes NIST to advise government and industry on scientific and technical problems. Article I1. Background MIST published the Community Resilience Planning Guide for Buildings and Infrastructure Systems (Guide)and the companion document,the Economic Decision Guide(EDG),in 2015 to help communities improve their resilience through planning that addresses their physical,social,and economic systems. Since then,communities have been using the Guide and EDG as part of their comprehensive planning for hazards and changing conditions(economic,climate,etc.).NIST would like to conduct detailed studies of how the Guide and EDG are used by communities as part of ongoing resilience research. NIST is primarily interested in how the Guide process is applied:what works well,where difficulties are encountered,gaps in guidance,policies,or standards that inhibit resilience planning,the form of the final community resilience plan,and how it is communicated with stakeholders. NIST is also interested in documenting the process to provide examples of how the Guide is implemented to encourage greater adoption and use. Accordingly,NIST intends to collaborate with three communities that use the Guide(and EDG if desired) to improve their community resilience.The goals are to learn about the experiences of the communities and the pros/cons of using the Guide.This information will inform potential updates or revisions to the Guide and the Economic Decision Guide. The community will determine the scope of its resilience planning effort,and how to use the Guide in support of their planning effort.Possible options for how the Guide may be used include,but are not limited to: • To develop a standalone resilience plan • To integrate resilience into existing plans(e.g.,comprehensive plan) • To support the development of a tool to evaluate possible resilience projects(e.g.,a resilient performance standard that ties projects to community resilience goals) The scope may also include the use of the EDG to support development of the resilience plan as the community evaluates options for meeting their resilience goals. At the completion of the collaboration,NIST and the community will document and share the lessons learned so that the Guide can be improved and other communities can benefit from their experience and Guide use. Candidate communities will be asked to describe their interest and for improving community resilience and the major challenges that will be addressed in the next year.Three communities will be selected by NIST to participate based on: • Diversity-prevailing hazards,location and size,governance(city/county),and demographics • Commitment to using the Guide in a meaningful way in their resilience planning • Agreement on specific,measurable outputs and outcomes Article Ill. Forms and Areas of Cooperation A. NIST intends to: 1. Provide technical support by NIST Community Resilience Fellows,NIST research staff, NIST contractor staff 2. Hold up to two(2)in-person meetings with the community's collaborative planning team 3. Provide additional technical support by e-mail,telephone as needed and as permitted by budget. B. Community commits to: 1. Establish scope of resilience planning effort 2. Assemble collaborative planning team to develop resilience plan 3. Lead the resilience planning process C. Forms/Areas of cooperation may include but are not necessary limited to: [or other information] 1. Technical support by NIST and its representatives to assist the community in development of its resilience plan. 2. Providing technical support on the use of NIST guidance. 3. Providing guidance on other resources that can support the community's Planning effort. Article IV.Anticipated Results 1. Final NIST report on community use of the Guide and its resilience planning activities. The community also will provide a similar,but separate,written summary. 2. 2-page summary of community key resilience plans and accomplishments, using a NIST template. 3. Video recording of key community members discussing their community resilience lessons or accomplishments. 4. Community resilience plan. Article V. MISCELLANEOUS A. No Funding.Cooperative activities under this Agreement are subject to and dependent upon the availability of appropriated funds,personnel,and resources. Nothing in this Agreement should be interpreted to constitute an obligation of funds. Each Participant should pay all its own expenses and costs related to activities pursued under this Agreement, unless some other arrangement is to be mutually decided upon in advance be separate written and binding agreement. Any financial arrangements should be negotiated on a case by case basis,as permitted by relevant law and regulation,and should be detailed in separate written agreements. B. Confidential Information. No confidential or proprietary information will be shared under this Agreement. If at some point the parties wish to exchange such information,such exchange shall occur pursuant to a separate written and binding non-disclosure agreement. C. Non-Binding Agreement. This Agreement is a statement of intent of the parties to cooperate and collaborate as outlined.This Agreement is not legally binding and does not create legally binding duties or obligations. This Agreement shall not be the basis of any legal claim between the parties. Article VI. Duration of Agreement and Discontinuation This Agreement is to commence on the date of the last signature for a period of one(1)year, unless discontinued earlier by either Party in writing. A Party should endeavor to provide advanced notice of its intent to discontinue its participation in the Agreement. This Agreement may be modified by mutual written consent of the Parties. The Parties may review and decide to continue their cooperation at regular intervals Signatures For the Engineering Laboratory of the National Institute of Standards and Technology of the USA Date: S /fig/fig Dr. Howard Harary Director Engineering Laboratory National Institute of Standards and Technology 100 Bureau Drive Gaithersburg, Maryland 20899 United States of America For the ity of Boz n Date: Andrea Surratt City Manager City of Bozeman P.O. Box 1230 Bozeman,MT 59771 United States of America