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HomeMy WebLinkAbout21- Sourdough Fuels Reduction (Fire Assistance Subaward) - DNRCFY22 – DNRC Forestry Subaward Page 1 of 9 SPECIAL STATE FIRE ASSISTANCE SUBAWARD AGREEMENT SOURDOUGH CREEK MUNICIPAL WATERSHED FUELS MANAGEMENT This Subaward Agreement (Subaward) is accepted by City of Bozeman, hereinafter referred to as the “Subrecipient,” Federal ID No. 81-601238, DUNS# 083705293, 411 E. Main Street, Bozeman, Montana 59715-4700 and represented by: Brian Heaston, Project Engineer, PO Box 1230, Bozeman, Montana 59771-1230, telephone (406) 582-2280, according to the following terms and conditions. This Subaward, awarded and administered by the Montana Department of Natural Resources and Conservation (DNRC), is consistent with the policies, procedures and objectives of the Cooperative Forestry Assistance Act of 1978, Public Law 95-313, as amended. This Subaward is awarded under federal grant #17-DG-11010000-020, Fort Peck Pines Recreation Area/Sourdough Creek Municipal Watershed Grant, executed on 08/04/2017, from the United States Department of Agriculture – Forest Service (USFS) and Catalog of Federal Domestic Assistance (CFDA) number 10.664, “Cooperative Forestry Assistance.” SECTION 1. PURPOSE. The purpose of this Subaward is to establish mutually agreeable terms and conditions, specifications, and requirements to grant funds to the Subrecipient for the purpose of activities that reduce wildfire risks to the City of Bozeman’s municipal water source and infrastructure in the Sourdough Creek watershed. Basis for this subaward is the Special State Fire Assistance Authority which is administered through a partnership with the USFS and the DNRC. Permissible projects are those on non-federal lands. Projects can include any/all of the following: hazardous fuels reduction, community/citizen education, cost-share programs, wildland fire prevention programs, projects which restore fire-adapted ecosystems, wildfire response planning, and monitoring. The approved project proposal for this subaward to the FOR DNRC USE ONLY Subaward # WSF-18-009 Maximum amount under this Subaward Agreement: $270,000.00 Amendment # N/A Source of Funds Approved by USDA FS Grant # 17-DG-11010000-020; CFDA # 10.664 Program EW Fiscal LP Legal MP Division SC Fund Subclass Org Percent Amount Expiration Amendment 03470 555YA 50449 100% $270,000.00 See Sect. 2 N/A Workers Comp: X N/A Attached Exempt Will be forwarded DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E FY22 – DNRC Forestry Subaward Page 2 of 9 Subrecipient is attached as Appendix B, which is incorporated herein by reference. The Summary of Work Statement attached as Appendix F, which is incorporated herein by reference, describes the planned outcomes and implementation standards of the projects conducted under this agreement. SECTION 2. TERM. This Subaward is effective on the date of last signature. The Subrecipient shall have until May 31, 2023, to complete the project and work described in Section 4, Project Scope. The DNRC may, pursuant to Section 18, Agreement Extension, grant an extension for completion upon request and showing of good cause by the Subrecipient. Good cause is defined as external factors preventing the Subrecipient from completing the work, including, but not limited to, wildland fire, forest closure, extensive and prolonged inoperable weather conditions, the assignment of project equipment and/or crew to the suppression of a wildland fire, or variations in project scope and/or landowner participation. SECTION 3. DNRC's ROLE. The DNRC is administering grant funds awarded by the USFS to ensure that the funds are used according to the intent and procedures of the Special State Fire Assistance Grant Program. The DNRC will monitor project expenditures to assure payment eligibility. The DNRC assumes no responsibility for the Subrecipient's obligation to faithfully perform the tasks and activities required by this Subaward. The DNRC assumes no responsibility for verifying the right of the Subrecipient to conduct project activities on properties identified in Appendix B, the approved project proposal. The Subrecipient is responsible for obtaining all appropriate permissions to conduct activities. The technical specialist for the project will be Chuck Barone, DNRC Bozeman Unit, (406) 556-4506. The roles and responsibilities of the technical specialist shall include but are not limited to, providing technical assistance to Subrecipient to achieve intended outcomes of the project; conducting reviews of project plans, activities, and accomplishments upon request of Subrecipient or as often as deemed necessary by the DNRC; and assisting Subrecipient in complying with Montana’s Forest Practices Laws and voluntary Best Management Practices in the course of carrying out project activities. The Subrecipient may contact the DNRC's liaison Erik Warrington, at (406) 542-4303, 2705 Spurgin Road, Missoula, Montana 59804 for guidance related to administration of the terms of this Subaward. All requests for information and assistance shall be submitted to the DNRC liaison, his designee, or the technical specialist. SECTION 4. PROJECT SCOPE. (a) The Subrecipient must use the proceeds provided pursuant to this Subaward to perform allowable activities under the Program. Allowable activities include fuels reduction and hazard mitigation activities associated with the threat of wildland fire to the community, (e.g., thinning, brush piling, chipping, prescribed burning, pruning, right-of-way vegetation management, and public education to promote survivable space principles). Additionally, activities associated with homeowner education, fire prevention, and restoration of fire-adapted ecosystems are allowed. The key outcome of the project is completion of fuels mitigation on 300-400 acres of city- owned property within the Sourdough Creek municipal watershed. Fuels reduction treatments will meet minimum standards of decreasing stand densities by reducing basal area 30-50% or removing up to 50% volume dependent on stand conditions and forest type. Specific treatments are identified in the city’s forest management plan. Additionally, sub-merchantable ladder fuels will be removed to decrease the potential for high-severity wildfire behavior. DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E FY22 – DNRC Forestry Subaward Page 3 of 9 (b) Supporting Documents/attachments. The original, approved proposal, including a description of the project area, as submitted by the Subrecipient, is attached hereto as Appendix B. In the event content in Appendix B, the original proposal, differs from or is in conflict with terms presented elsewhere in the subaward, the subaward text takes precedence. SECTION 5. PROJECT BUDGET. Subaward funds are allocated to the following budget categories: Project Funding Summary: Direct Costs Subrecipient salary/wages/benefits $0 Operating Expenses $0 Payments to Landowners (Beneficiaries) $0 Contracted Services $270,000 Subtotal – Direct Costs $270,000 Indirect Costs (0.0%) $0 Total Subaward Amount $270,000 No Match Required $0 Total Project Funding: $270,000 There is no match required for this Subaward. The indirect cost rate is shown above, expressed as a percentage of indirect costs to direct costs. Unless the rate has been formalized in a Negotiated Indirect Cost Rate Agreement (NICRA) between the Subrecipient and its cognizant federal agency, the rate shown above is hereby approved by the DNRC for the term of this Subaward and may not be changed except via written amendment. Transfers between budget categories are not allowed unless requested by the Subrecipient, approved by DNRC prior to expenditure, and documented in an amendment to the Subaward. Total payment for all purposes under this Subaward shall not exceed Two Hundred Seventy Thousand and no/100 Dollars ($270,000.00). Subrecipient shall follow all applicable procurement procedures as required in Section 12, Compliance with Applicable Laws, and the applicable Federal Office of Management and Budget (OMB) in the Code of Federal Regulations (CFR) 2 CFR 200 §§ 200.317 – 200.326. SECTION 6. AVAILABILITY OF SUBAWARD FUNDS. The Subrecipient acknowledges and understands that Subaward funds become available based on federal awards to DNRC. Costs incurred by the Subrecipient on or after April 5th, 2021 may be, upon approval by the DNRC, eligible for reimbursement or may be counted as match funds. The commitment by the DNRC to expend money is contingent upon the DNRC receiving funds under the Cooperative Forestry Assistance Act of 1978, Public Law 95-313, as amended. No liability shall accrue to the DNRC or its officials in the event such funds are not appropriated or issued as authorized under this legislation. The DNRC may, at its sole discretion, issue a temporary stop-work order, reduce the scope of project activities, or terminate this Subaward if DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E FY22 – DNRC Forestry Subaward Page 4 of 9 appropriated funding is reduced or unavailable for any reason. The DNRC will provide Subrecipient at least 10 days’ notice for a stop-work order and at least 30 days’ notice if a reduction in scope or termination is determined to be necessary due to unavailability of funds. Until the DNRC notifies Subrecipient that obligated funds are unavailable, the DNRC will continue to comply with the terms of this Subaward, including the disbursement of funds for eligible expenses incurred by Subrecipient up to the specified date and time provided in a written notice. SECTION 7. DISBURSEMENTS. Subrecipient shall submit claims for disbursement of Subaward funds to the DNRC liaison, using the “Request for Disbursement of DNRC Grant Funds / Financial Status Report” (Request) form, attached hereto as Appendix E and incorporated herein by reference. Documentation of reimbursable costs incurred and paid must be submitted with the request. Documentation may include, but is not limited to, itemized receipts, vendor invoices, inspection certificates, transaction ledgers or other financial reports that clearly show expenditures, payroll records, copies of checks, bank statements, and other forms of proof of payment. The DNRC will determine whether documentation submitted adequately supports the disbursement request and may require additional documentation before approving payment. Reimbursement of Subrecipient’s expenditures will only be made for expenses included in the Project Budget in Section 5, that are clearly and accurately supported by the Subrecipient's records. Subrecipient should seek timely reimbursement of claimed costs incurred under this Subaward. A minimum of one Request must be submitted annually to the DNRC. The annual period begins on the Subaward date of last signature. In the event no reimbursable costs are incurred in an annual period, a Request for zero dollars ($0.00) listing current subaward balances must be submitted to the DNRC. Request for final disbursement of Subaward funds is due 30 days following the subaward termination date. The Subrecipient may request an advance on available funds. In order to be eligible to receive an advance payment, Subrecipient must maintain written procedures that minimize the time elapsing between the transfer of funds and their disbursement. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements of funds by Subrecipient. The request for an advance of funds must indicate how Subrecipient intends to spend the funds. After advanced funds are disbursed by Subrecipient (i.e. anticipated expenses are actually paid), Subrecipient must submit documentation to DNRC within 30 days demonstrating proof of payment, identical to that required for reimbursements, above. If Subrecipient receives an advance payment, and Subrecipient subsequently requests a reimbursement payment, Subrecipient must clearly demonstrate how the advanced funds were spent before DNRC will approve Subrecipient’s request for reimbursement of additional expenses. Any funds advanced, but not spent, or whose expenditure is not adequately documented, must, upon expiration of this Subaward, be returned to the DNRC. The DNRC may determine the method of submission for disbursement requests. Methods may include requiring paper versions by US Mail, e-mail or state FTP portal transmission for electronic versions, or entry in a registered Subrecipient account in a grant management system. If a required submission method changes during the term of the Subaward, the DNRC will provide thirty (30) days’ notice. DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E FY22 – DNRC Forestry Subaward Page 5 of 9 The DNRC may withhold up to ten percent (10%) of the total authorized subaward amount until both the project tasks (outlined in Section 1 and Appendix B) and the Final Report (required by Section 8) are completed by the Subrecipient and approved by the DNRC. SECTION 8. REPORTS. The Subrecipient shall immediately notify the DNRC of developments that have a significant impact on the activities supported under this Subaward. Notification must be given in the case of problems, delays or adverse conditions that materially impair the ability of the Subrecipient to meet the objectives of the Subaward. The notification must include a statement on action taken or contemplated, and any assistance needed to resolve the situation including requests for scope and/or timeline modifications as provided for below in Section 16, Assignment and Amendment. Quarterly progress reports for the periods ending each March, June, September and December must be submitted to the DNRC during the term of this Subaward. Reports will provide status information for each project implementation objective. Project status information will include, at a minimum, the percentage completed, costs incurred, funds remaining, and projected completion date. The Subrecipient shall report on total project costs, including grant-funded costs, Subrecipient-provided match, and match provided by other sources. Quarterly reports must be submitted to the DNRC by the last day of the next month following the close of the quarterly period. The first quarter closes December 31, 2021, and the report is due on or before January 31, 2022. The DNRC will review reports for completeness and accuracy, and will notify the Subrecipient if changes are necessary. No claims for disbursements will be honored by the DNRC until complete, accurate quarterly reports have been submitted by the Subrecipient. A suggested Quarterly Report format is attached hereto as Appendix C and incorporated herein by reference. A Final Report that details the project status, results, accomplishments, and financial status will be submitted to the DNRC by the Subrecipient for approval upon project completion. Final reports are due 30 days following the subaward termination date. The Final Report must include an ArcGIS Shapefile(s) capturing activity polygons for all subaward-related accomplishments. Projects of one (1) acre or greater must be represented as polygon features. Projects less than one (1) acre may be represented as a point feature. Each record must include the following attribute data: subaward #, landowner name, landowner mailing address, and acres treated. Only projects accomplished under this subaward may be included in the geospatial data submitted; datasets that include accomplishments under other subawards will not be accepted. Final disbursement of Subaward funds is contingent upon the DNRC’s receipt and approval of the Final Report. A suggested Final Report format is attached hereto as Appendix D and incorporated herein by reference. The DNRC may determine the method of submission for all Quarterly and Final reports. Methods may include requiring paper versions by US Mail, e-mail or state FTP portal transmission for electronic versions, or entry in a registered Subrecipient account in a grant management system. If a required submission method changes during the term of the Subaward, the DNRC will provide thirty (30) days’ notice. SECTION 9. RECORDS AND AUDITS. The Subrecipient must maintain appropriate and adequate records showing complete entries of all receipts, disbursements, and other DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E FY22 – DNRC Forestry Subaward Page 6 of 9 transactions relating to this Subaward for three (3) years after the later of either the final Subaward payment or the termination or expiration of this Subaward. The DNRC, the Montana Legislative Audit Division, or the Montana Legislative Fiscal Division may, at any reasonable time, audit all records, reports, and other documents that the Subrecipient maintains under or during the course of this Subaward to ensure compliance with its terms and conditions. SECTION 10. PROJECT MONITORING AND ACCESS FOR INSPECTION AND MONITORING. The DNRC or its agents may monitor and inspect all phases and aspects of the Subrecipient’s performance to determine compliance with this Subaward, including the adequacy of records and accounts. The Subrecipient shall accommodate requests for the DNRC access to the site and records with due consideration for safety, private property rights, and convenience of everyone involved. SECTION 11. EMPLOYMENT STATUS AND WORKER'S COMPENSATION. The DNRC is not an owner or general contractor for the project. The DNRC does not control the work activities or worksite of the Subrecipient or any contractors that might be engaged by the Subrecipient for completion of the project. The Subrecipient is independent from and is not an employee, officer, or agent of the DNRC. The Subrecipient, its employees and contractors, are not covered by the DNRC’s Workers' Compensation Insurance. The Subrecipient is responsible for making sure that it and its employees are covered by Workers’ Compensation Insurance and that its contractors are in compliance with the coverage provisions of the Workers’ Compensation Act. The Subrecipient shall ensure that all employees complete the I-9 form to certify they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). Subrecipient shall comply with regulations regarding certification and retention of the completed forms. SECTION 12. COMPLIANCE WITH APPLICABLE LAWS. The Subrecipient must comply with the requirements of the Federal Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards, as adopted and supplemented by the USDA in 2 CFR Part 400. These regulations are available online at the following website: www.ecfr.gov. Subrecipient certifies that it will abide by all certifications and assurances set forth in USDA Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion Lower Tier Covered Transactions,” this form having been signed, attached hereto as Appendix A, and incorporated herein by reference. Per the terms of the federal award, the Subrecipient shall also require all second-tier subrecipients and contractors who will be paid with subaward funds to sign form AD-1048, and subrecipient shall keep completed forms on file. If the amount of this contract, sub-contract, or sub-grant is in excess of $100,000, the Subrecipient will comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. In accordance with 49-3- DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E FY22 – DNRC Forestry Subaward Page 7 of 9 207, MCA, the Subrecipient agrees that the hiring of persons to perform this Subaward will be made on the basis of merit and qualifications and without discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin of the persons performing this Subaward. It shall be the Subrecipient's responsibility to obtain all permits, licenses, or authorizations that might be required from government authorities for completion of the project. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. The DNRC’s signature on this Subaward does not guarantee the approval or issuance of any permits, licenses, or any other form of authorization to take action for which Subrecipient must apply with the DNRC or any other government entity and submit to the DNRC to fulfill the terms of this Subaward. TRAFFICKING IN PERSONS. Subrecipients under this award and the Subrecipient’s employees may not: (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in performance of the award or subawards under the award. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. The Subrecipient shall include the following statement, in full, in any printed audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer. If the material is too small to permit the full statement to be included, the material must at minimum, include the following statement, in print size no smaller than the text: “This institution is an equal opportunity provider.” SECTION 13. AGENCY RECOGNITION REQUIREMENTS Use of Agency Insignia. Subrecipient shall request in writing permission from the USFS Northern Region and receive written permission from the USFS before using the USFS insignia on any published media, such as a webpage, printed publication, or audiovisual production. Subrecipient shall request in writing and receive written permission from the DNRC before using the DNRC insignia on any published media, such as a webpage, printed publication, or audiovisual production. Public Notices. Subrecipient is encouraged to give public notice of the receipt of this subaward of federal grant funds and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include and all notices of funding opportunities or solicitation for project participants must include a statement substantially as follows: “The funding for this project is derived in full [or in part] from a federal award of the U.S. Forest DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E FY22 – DNRC Forestry Subaward Page 8 of 9 Service, Department of Agriculture, subawarded by the Montana Department of Natural Resources and Conservation, Forestry Division.” Acknowledgment in Publications, Audiovisuals, and Electronic Media. Subrecipient shall acknowledge USFS and DNRC support as appropriate in any publications, audiovisuals, and electronic media developed as a result of this subaward of USFS grant funds. Follow direction in USDA Supplemental 2 CFR 415.2. SECTION 14. COPYRIGHTING AND GOVERNMENT RIGHT TO USE. Subrecipient is granted sole and exclusive right to copyright any publications developed as a result of this award. The State of Montana and the USFS reserve a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for government purposes. This provision includes any right of copyright to which Subrecipient purchases ownership with any federal contributions. No original text or graphics produced by the State of Montana or the USFS shall be copyrighted. SECTION 15. FAILURE TO COMPLY. If the Subrecipient fails to comply with the terms and conditions of this Subaward, the DNRC may terminate this Subaward and refuse additional disbursements of subaward funds and take legal action to recover disbursed subaward funds. Such termination will become a consideration in the DNRC’s evaluation of future applications for subawards. SECTION 16. ASSIGNMENT AND AMENDMENT. The Subrecipient may not assign or transfer any portion of this Subaward without the DNRC’s express written consent. Amendments will be in writing, signed by both parties, and attached as an integral component of this Subaward. This Subaward may be terminated by the mutual written consent of both parties. If this Subaward is terminated, the Subrecipient may not submit claims for reimbursement for costs incurred beyond the mutually agreed to termination date. SECTION 17. MONTANA LAW AND VENUE. Any action or judicial proceeding for enforcement of the terms of this Subaward shall be instituted only in the courts of Montana and shall be governed by the laws of Montana. Venue shall be in the First Judicial District, Lewis and Clark County, Montana. SECTION 18. AGREEMENT EXTENSION. This Subaward may, upon mutual written agreement between the parties and according to its terms, be extended. SECTION 19. INDEMNITY AND LIABILITY (HOLD HARMLESS / INDEMNIFICATION). Subrecipient agrees to be financially responsible for any audit exception or other financial loss to the DNRC and the State of Montana which occurs due to the negligence, intentional acts, or failure by Subrecipient and/or its agents, employees, subcontractors, or representatives to comply with the terms of this Subaward. Subrecipient hereby agrees to defend, indemnify, and hold harmless the DNRC and the State of Montana and its agents from and against any and all claims, demands, or actions for damages to property or injury to persons or other damage to persons or entities arising out of, or resulting from the performance of this Subaward or the results of this Subaward, provided such damage to property or injury to persons is due to the negligent act or omission, recklessness, or intentional misconduct of Subrecipient or any of its employees. This Subaward is not intended to relieve a liable party of financial or legal responsibility. DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E FY22 – DNRC Forestry Subaward Page 9 of 9 SECTION 20. INSURANCE REQUIREMENTS. General Requirements. The Subrecipient shall maintain for the duration of this Subaward, at its cost and expense, insurance against claims for injuries to persons or damages to property, including liability, which may arise from or in connection with the performance of the work by the Subrecipient, agents, employees, representatives, assigns, or contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. Specific Requirements for Commercial General Liability. The Subrecipient shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $750,000 per occurrence and $1,500,000 aggregate per year to cover such claims as may be caused by any act, omission, or negligence of the Subrecipient or its officers, agents, representatives, assigns or contractors. This Subaward consists of pages 1 – 9, plus the following appendices: • Appendix A [Form AD-1048] • Appendix B [Approved Project Proposal] • Appendix C [Quarterly Report Format] • Appendix D [Final Report Format] • Appendix E [Request for Disbursement Form] • Appendix F [Summary of Work]. The Subrecipient hereby accepts this Subaward according to the above terms and conditions. __________________ By: ______________________________________________ Date Subrecipient or Subrecipient’s Authorized Representative _____________________________________________ Printed Name __________________ By: ______________________________________________ Date DNRC Authorized Representative ______________________________________________ Printed Name __________________ By: ______________________________________________ Date DNRC Director DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E 9/24/2021 Jeff Mihelich 9/29/2021 Erik Warrington 9/29/2021 Amanda Kaster This form is available electronically. Form Approved – OMB No. 0505-0027 Expiration Date: 04/30/2022 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion AD-1048 Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; B.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) SIGNATURE(S) DATE In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint (https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer) and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442. Appendix A WSF-18-009 DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E 9/24/2021 City of Bozeman Jeff Mihelich Instructions for Certification (1)By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions. (2)The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. (3)The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4)The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. (5)The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. (6)The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7)A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database. (8)Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (9)Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Form AD-1048 (REV 12/18) Page 2 of 2 Appendix ADocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E Please use the space below to provide a 500-1000 word narrative about your project. Working Project Title: Sourdough Creek Municipal Watershed Forest Management Protecting and enhancing municipal water supply resiliency and critical water supply infrastructure of the City of Bozeman is the over-riding objective of this project. A severe wildfire in the Sourdough Creek municipal watershed will impair water quality of this crucial municipal water supply source, which accounts for 40% of the city’s annual water supply. City of Bozeman water treatment plant operations can be severely hampered by large amounts of ash and sediment produced from erosion following wildfire. A safe and dependable drinking water supply is essential to public health and safety as well as uninterrupted commerce in the City of Bozeman. The project seeks $270,000 to perform forest treatments on city owned property in Sourdough Canyon bordered by Custer Gallatin National Forest and private property in the wildland urban interface. Forest treatments will be strategically performed to protect the city’s existing water supply infrastructure and to produce a forest landscape that is less susceptible to the experience of devastating crown fire. Doing so enhances watershed and water supply resiliency and directly benefits adjacent private property owners, city water customers, fish and wildlife, the wood products industry, as well as the diverse array of year-round recreational users that enjoy the Sourdough Creek watershed. The project specifically addresses State and Private Forest National Themes as well as Focus Areas 1, 2, and 3 of the Montana State Assessment/Forest Action Plan by: 1) conserving working forest landscapes by actively managing forest vegetation; 2) protecting forests from harm by reducing risk of wildfire impacts; 3) enhancing public benefits from trees and forests by protecting and enhancing water quality; 4) producing merchant timber and biomass forest products. Applicant Information Name of Project Point Person Organization Brian Heaston, PE City of Bozeman Address City State Zip + 4 PO Box 1230 Bozeman MT 59771-1230 Phone Fax Email 406-582-2282 bheaston@bozeman.net Name of Service Forester you will be working with on this project. If you are a service forester or other DNRC staff, please list any partner organizations or project sponsors you will work directly with to develop this proposal. Chuck Barone, DNRC Region 13 Service Forester Appendix B DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E Ideally, the project will be delivered in conjunction with the Custer Gallatin National Forest’s Bozeman Municipal Watershed project, or BMW project for short. The BMW has been a work in progress for the better part of the past decade but is nearing readiness for implementation. The city has long intended to perform silviculture activities on city-owned property intermingled with the BMW project. A city Forest Management Plan exists that identifies treatment units and methods on city property that dovetail with BMW treatment units. The attached map exhibit shows city lands within the BMW project area. It readily shows the critical positioning of city-owned property particularly within the northern extents of the BMW project area. Key partners in the city’s forest management project include the USFS Custer Gallatin National Forest, the DNRC, and the Gallatin Valley Land Trust. The city and USFS enjoy a long-standing partnership in management of activities and projects in the municipal watershed that is memorialized within a formal Memorandum of Understanding. BMW project work, as well as work on city-owned property, requires close coordination and consistent public communications by the city and USFS as public access to watershed from the Sourdough Canyon trailhead will be restricted during certain portions of project implementation. Coordination and partnership with Gallatin Valley Land Trust is also essential in order to disseminate project-related communications regarding temporary trail closures that directly impact the recreating public. Further partnering opportunities assuredly exist with other local non-profit and recreational user groups although they have not been specifically identified at this stage of the proposal process. Lastly, DNRC is a key partner should LSR funding be granted under this proposal. The city looks forward to working closely with the DNRC to deliver this much-needed project. Appendix B DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E Working Project Title: Sourdough Creek Municipal Watershed Fuels Management Budget: $300,000 Location: Gallatin County, Montana; City of Bozeman municipal watershed Project Contact: Angela Wells Brian Heaston Montana DNRC City of Bozeman 406.542.4221 406.582.2282 awells@mt.gov bheaston@bozeman.net Protecting and enhancing municipal water supply resiliency and critical water supply infrastructure of the City of Bozeman is the over-riding objective of this project. A severe wildfire in the Sourdough Creek municipal watershed will impair water quality of this crucial municipal water supply source, which accounts for 40% of the city’s annual water supply. City of Bozeman water treatment plant operations can be severely hampered by large amounts of ash and sediment produced from erosion following wildfire. A safe and dependable drinking water supply is essential to public health and safety as well as uninterrupted commerce in the City of Bozeman. The project seeks $300,000 to perform forest treatments on city owned property in Sourdough Canyon bordered by Custer Gallatin National Forest and private property in the wildland urban interface. Forest treatments will be strategically performed on approximately 300-400 acres to protect the city’s existing water supply infrastructure and to produce a forest landscape that is less susceptible to devastating crown fire. Doing so enhances resiliency of watershed and water supply and directly benefits adjacent private property owners, city water customers, fish and wildlife, as well as the diverse array of year-round recreational users that enjoy the Sourdough Creek watershed. Cross-boundary efforts hinge on the implementation of Custer Gallatin National Forest’s Bozeman Municipal Watershed project (BMW). The BMW has been a work in progress for the better part of the past decade but is nearing implementation. The city has long intended to perform silviculture activities on city-owned property intermingled with the BMW project. A city Forest Management Plan exists that identifies treatment units and methods on city property that dovetail with BMW treatment units. The project specifically addresses State and Private Forest National Themes as well as Focus Areas 1, 2, and 3 of the Montana State Assessment/Forest Action Plan by: 1) conserving working forest landscapes by actively managing forest vegetation; 2) protecting forests from harm by reducing risk of wildfire impacts; 3) enhancing public benefits from trees and forests by protecting and enhancing water quality; 4) producing merchant timber and biomass forest products. Key partners in the city’s forest management project include the USFS Custer Gallatin National Forest, the DNRC, and the Gallatin Valley Land Trust. The city and USFS enjoy a long-standing partnership in management of activities and projects in the municipal watershed that is memorialized within a formal Memorandum of Understanding. BMW project work, as well as work on city-owned property, requires close coordination and consistent public communications by the city and USFS as public access to watershed from the Sourdough Canyon trailhead will be restricted during certain portions of project implementation. Coordination and partnership with Gallatin Valley Land Trust is also essential in order to disseminate project-related communications regarding temporary trail closures that directly impact the recreating public. Appendix B DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E SUBAWARD AGREEMENT SUGGESTED QUARTERLY REPORT FORMAT Enter Name of Organization Here QUARTERLY REPORT FOR SUBAWARD AGREEMENT NUMBER: xxx - xx - xxx Reporting period: Select Quarter , Select Year Agreement termination date: Click to enter/select date Total acres to be treated (Sect.4 in grant agreement): Enter acres here Acres Treated # Property Assessments / Plans # Educational Programs Completed This Quarter this quarter this quarter this quarter Enter Narrative Here. A narrative describing project progress, process, challenges, and other pertinent information is required. If project includes multiple geographic areas, please provide a detailed description of where project accomplishments occurred (e.g., 20 acres and 10 property assessments completed in Gold Creek, 1 community meeting held in Potomac, etc.). Include before/after photos and other representative information to support narrative. Enter Summary Here. A summary of a monitoring review held with DNRC staff member, as applicable. Appendix C DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E Subaward Agreement FINAL REPORT FORMAT Title Page: 1. Subrecipient’s name, address & telephone numbers. 2.Name, address, and telephone numbers of others who may be contacted concerning the project if the primary contacts are not available. 3.Funding: Total project cost and amount of subaward. Introduction: Describe the project history, project location, and the purpose of the project. Discussion and Results: 1.Document that project goals, objectives, and tasks identified in the Subaward have been completed. Copy the project goals, objectives, and tasks verbatim. After listing eachgoal, object, and task, document that they were completed. If any were not completed,explain why. It is very important that you provide evidence that the agreement was completed as agreed to in Section 4 of the Subaward, Project Scope. 2.Include an ArcGIS Shapefile(s) capturing activity polygons for all subaward-related accomplishments. Projects 1 acre or greater must be represented as polygon features. Projects less than 1 acre may be represented as point features. Each record must include the following attribute data: subaward #, landowner name, landowner mailing address, and acres treated. Geospatial data must be provided only for projects under the current subaward; data including accomplishments under other subawards will not be accepted. 3.Summarize any problems encountered and solutions adopted. What would you dodifferently? Public Benefits: List the anticipated overall public benefits of the project as stated in the grant application. Were these benefits realized? If not, explain why not. Subaward Administration & Project Costs: 1. Budget Include a summary of how the monies were spent by budget category and source offunding. Was the project completed according to budget? Explain any cost overruns orsavings. Discuss any unbudgeted expenses that arose over the course of the project. 2.Matching Funds Identify the matching funds that were to be spent according to the Subaward. Document that these funds were spent. If not all matching funds were spent, explain why. Appendix D DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E Grant Agreement Number / Project Name From (mm/dd/yy):To (mm/dd/yy): Direct Costs: Subrecipient Salary/Wages/Benefits $0.00 Operating Expenses $0.00 Payments to Landowners (Beneficiaries)$0.00 Contracted Services $0.00 SubTotal $0.00 $0.00 $0.00 $0.00 $0.00 Indirect Costs:$0.00 TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 Date Grant balance remaining (after this request) Cumulative match expenses to date (if applicable) Request for Disbursement of DNRC Grant Funds / Financial Status Report Request for Reimbursement Grantee Name Period covered by this request: Request for Advance Grantee Representative / Preparer's Signature Total Grant Budget by category (from grant agreement) Funds received from DNRC (before this request) Disbursement amount requested Revised Aug 2015 Appendix E DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E PROJECT OUTCOMES Acres Treated: 300-400 Average subaward treatment cost: $550-$735/acre Property Assessments/Plans: n/a Educational Programs: n/a Treatment Prescription: 300-400 forested acres will be treated to meet hazardous fuels reduction specifications which include: decreasing stand densities by reducing basal area 30- 50%, or removing up to 50% volume dependent on stand conditions and forest type. Specific treatments are identified in the city’s forest management plan. Additionally, sub-merchantable ladder fuels will be removed to decrease the potential for high-severity wildfire behavior. Method of Implementation: The subrecipient will contract the services of a Technical Service Provider (TSP) to administer all aspects of the mitigation project including the commercial and non-commercial aspects of the work in order to meet the hazardous fuels mitigation objectives. Additionally, the services of one or more qualified forestry professionals will be contracted to accomplish the specific treatment prescription(s) for the project. This may include mechanized and non-mechanized implementation practices. Total treatment cost: $270,000. Restrictions: No work on Federal land. Appendix F Sourdough Creek Municipal Watershed Fuels Management Summary of Work Project Area: The project area is on city owned property in the Sourdough Creek Watershed located in central Gallatin and Park counties; adjacent to the community of Bozeman. It is one of two municipal watersheds which supply the residents of Bozeman with clean potable water. Key outcome of the agreement: Completion of a hazardous fuels mitigation project on 300- 400 acres of non-federal land within the project area. Accomplishments: DocuSign Envelope ID: 05E74744-E433-4736-BC1B-C85B7C35185E