No preview available
HomeMy WebLinkAbout04-22-25 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Edwards) F.2 Authorize the City Commission to Ratify the MT Disaster and Emergency Services Cybersecurity Grant Award for the City of Bozeman IT Department(McMahon) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 22, 2025 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 1 F.3 Authorize the Application to the Montana Department of Transportation for Transportation Alternatives Program Funding to Support the Bozeman Safe Routes to School Program(Lonsdale) F.4 Authorize the Application to the Montana Department of Transportation for Transportation Alternatives Program Funding for the Flanders Mill Sidewalk Infill Project(Lonsdale) F.5 Authorize the Application to the Montana Department of Transportation for Transportation Alternatives Program Funding for the ADA Upgrades and Pedestrian Crossing Safety Improvements Project(Lonsdale) F.6 Authorize City Commission to Approve Grant Application to the Gallatin County Open Space Levy Grant Program for the Story Mill Community Park Splash Pad Project(Jadin) F.7 Authorize City Manager to Sign Notice of Award to Smith River Construction for Story Mill Community Park Splash Pad, and Final Documents Once Received(Jadin) F.8 Authorize the City Manager to Sign a Professional Services Agreement with DB Groundwater and Environmental LLC to provide third party technical assistance for the Municipal Groundwater Supply Project(Heaston) F.9 Authorize the City Manager to Sign an Amendment 3 with Morrison Maierle for the Sourdough Intake Improvements Project(Murray) G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission H. Mayoral Proclamation H.1 Mayoral Proclamation Celebrating Arbor Day(Cunningham) I. Action Items I.1 Water Adequacy and Affordable Housing Citizen Initiative (Winn) J. Work Session J.1 On-Street Parking Management for Winter Maintenance Work Session(Ross) K. FYI / Discussion This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. 2 L. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented to the City Commission within one year of the date the claims accrued. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Please provide approval for checks dated April 23, 2025. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: August 21, 2024 4 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Scott McMahon, IT Director SUBJECT:Authorize the City Commission to Ratify the MT Disaster and Emergency Services Cybersecurity Grant Award for the City of Bozeman IT Department MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Commission to Ratify the MT Disaster and Emergency Services Cybersecurity Grant Award for the City of Bozeman IT Department. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:In September 2024, IT applied for the State and Local Cybersecurity Grant Program through Montana Disaster and Emergency Services. The grant program focuses on four areas of importance including building cybersecurity awareness, building a professional cybersecurity workforce, server and workstation behavior based endpoint protection, and network monitoring and management intrusion detection system for County Networks. IT applied for funding for professional cybersecurity training and for a Albert Sensor Intrusion Detection system. Both items have been funded with this grant award. This grant award is fostering meaningful collaboration with the State to create a safer cybersecurity environment for the City of Bozeman. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Total expenditures are expected to be $17,750.00. Expenditures will be made in the IT Department Fund and may require a future budget amendment. Attachments: FY22 SLCGP City of Bozeman - SANS Cybersecurity Training Service Agreement.pdf FY22 SLCGP Award Letter City of Bozeman - Albert Sensor 3.11.2025_Signed.pdf 5 Report compiled on: March 31, 2025 6 Page 1 of 12 State and Local Cybersecurity Grant Program FY 2022 Award Letter Chuck Winn City of Bozeman 121 N. Rouse Ave Bozeman MT, 59715 City Manager Chuck Winn, Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application submitted under the Fiscal Year (FY) 2022 State and Local Cybersecurity Grant Program, Professional Cybersecurity Training has been approved. City of Bozeman will receive a voucher for SANS Institute training through Montana State Information Services Technologies Division (SITSD) in lieu of direct funding. City of Bozeman is not required to match the FY2022 award with any amount of non-Federal funds. Before City of Bozeman may receive the services, acceptance of this award acknowledges that the terms of the following are incorporated into the agreement and must be followed: •Agreement Articles (attached to this Award Letter) •FY 22 State and Local Cybersecurity Grant Program Notice of Funding Opportunity Per the Notice of Funding Opportunity (NOFO), all sub-recipients are required to complete the following: •Complete the Nationwide Cybersecurity Review (NCSR) •Register and maintain CISA’s no cost Cyber Hygiene Services (CyHy) City of Bozeman will work with SITSDs Representative for the issuance of the training voucher. City of Bozeman will receive the following services per the application request: SANS Institute Training Voucher 1 Please make sure you read, understand, and maintain a copy of these documents for your records. In order to establish acceptance of the award and its terms, please complete, sign and return this document to MT DES at mtdesprep@mt.gov. Burke S. Honzel Preparedness Bureau Chief Montana Disaster and Emergency Services CC Scott McMahan Award Letter Burke S. Honzel Digitally signed by Burke S. Honzel Date: 2024.12.20 16:11:02 -07'00' Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 7175 Page 2 of 12 FY2022 Award for Services Acknowledgement Organization: City of Bozeman Project Name: Professional Cybersecurity Training Project Point of Contact: Scott McMahan Point of Contact Phone: 406-582-2277 Point of Contact Email: smcmahan@bozeman.net By signing this award agreement, City of Bozeman acknowledge and agrees to the terms and conditions of the grant articles of agreement. ________________ Signatory authority Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 1/15/2025 8176 AGREEMENT ARTICLES State and Local Cybersecurity Grant Program SUB-RECIPIENT: City of Bozeman PROGRAM: State and Local Cybersecurity Grant STATE GRANT NUMBER: FY22SLCGP-ITSD-SANS TABLE OF CONTENTS Article 1 Summary Description of Award Article 2 SLCGP Performance Goal Article 3 DHS Standard Terms and Conditions Generally Article 4 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article 5 General Acknowledgements and Assurances Article 6 Acknowledgement of Federal Funding from DHS Article 7 Activities Conducted Abroad Article 8 Age Discrimination Act of 1975 Article 9 Americans with Disabilities Act of 1990 Article 10 Best Practices for Collection and Use of Personally Identifiable Information Article 11 Civil Rights Act of 1964 – Title VI Article 12 Civil Rights Act of 1968 Article 13 Copyright Article 14 Debarment and Suspension Article 15 Drug-Free Workplace Regulations Article 16 Duplication of Benefits Article 17 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 18 Energy Policy and Conservation Act Article 19 False Claims Act and Program Fraud Civil Remedies Article 20 Federal Debt Status Article 21 Federal Leadership on Reducing Text Messaging while Driving Article 22 Fly America Act of 1974 Article 23 Hotel and Motel Fire Safety Act of 1990 Article 24 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article 25 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article 26 Lobbying Prohibitions Article 27 National Environmental Policy Act Article 28 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article 29 Non-Supplanting Requirement Article 30 Notice of Funding Opportunity Requirements Article 31 Patents and Intellectual Property Rights Article 32 Procurement of Recovered Materials Article 33 Rehabilitation Act of 1973 Agreement Articles Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 9177 Article 34 Reporting of Matters Related to Recipient Integrity and Performance Article 35 Reporting Subawards and Executive Compensation Article 36 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article 37 SAFECOM Article 38 Terrorist Financing Article 39 Trafficking Victims Protection Act of 2000 (TVPA) Article 40 Universal Identifier and System of Award Management Article 41 USA PATRIOT Act of 2001 Article 42 Use of DHS Seal, Logo and Flags Article 43 Whistleblower Protection Act Article 44 Environmental Planning and Historic Preservation (EHP) Review Article 45 Applicability of DHS Standard Terms and Conditions to Tribes Article 46 Acceptance of Post Award Changes Article 47 Disposition of Equipment Acquired Under the Federal Award Article 48 Prior Approval for Modification of Approved Budget Article 49 Indirect Cost Rate Article 50 MT DES Specific Acknowledgements and Assurances Article 51 Accruals Article 52 Catalog of Federal Domestic Assistance (CFDA) Number Article 53 Nationwide Cybersecurity Review Article 54 Cyber Hygiene Services Article 1 Summary Description of Award The purpose of the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP) is to assist state, local, and territorial (SLT) governments with managing and reducing systemic cyber risk. Through funding from the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, the SLCGP enables DHS to make targeted cybersecurity investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services SLT governments provide their community. This SLCGP award provides funding in the amount of: $2,427,866 for the state of Montana. Of this amount, up to $121,393 can be retained by the State Administrative Agency (SAA) for management and administrative expenses. The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA and CISA of the award budget. Post-award documents uploaded into ND Grants for this award are also incorporated into the terms and conditions of this award, subject to any limitations stated in subsequent approvals by FEMA and CISA of changes to the award. Investments not listed in this Agreement Article are not approved for funding under this award. Article 2 SLCGP Performance Goal In addition to the Performance Progress Report (PPR) recipients must demonstrate how the grant-funded projects address the capability gaps identified in their Cybersecurity Plan or other relevant documentation or sustains existing capabilities per the CISA-approved Investment Justification. The capability gap reduction or capability sustainment must be addressed in Performance Narrative. Article 3 DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-standard- Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 10178 terms-and-conditions. Article 4 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. section 170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article 5 General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article 6 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 7 Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 11179 Article 8 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 9 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 10 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 11 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7. Article 12 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 13 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. Article 14 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 15 Drug-Free Workplace Regulations Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 12180 Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 16 Duplication of Benefits Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions. Article 17 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19. Article 18 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 19 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 20 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 21 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513. Article 22 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated- air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 23 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a. Article 24 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 13181 and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article 25 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 26 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL). Article 27 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 28 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Article 29 Non-Supplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. Article 30 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Article 31 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14. Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 14182 Article 32 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 33 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 34 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. Article 35 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. Article 36 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers, when necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 15183 in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described as “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Definitions The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference. Article 37 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA. Article 38 Terrorist Financing Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws. Article 39 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference. Article 40 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. Article 41 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Article 42 Use of DHS Seal, Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS components (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. Article 43 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712. Article 44 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at: https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 16184 noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, the applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article 45 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article 46 Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions. Article 47 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures. Article 48 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non- construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 49 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 50 MT DES Specific Acknowledgements and Assurances Sub-recipients must acknowledge and agree to comply with applicable provisions governing MT DES access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipients must cooperate with any compliance reviews or compliance investigations conducted by MT DES. 2. Sub-recipients must give MT DES access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by MT DES regulations and other applicable Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 17185 laws or program guidance. 3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate MT DES officials and maintain appropriate backup documentation to support the reports. 4. Sub-recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. The State of Montana shall not be liable for any reimbursement/services amount greater than the amount available to each sub-recipient. 6. Failure of the sub-recipient to accomplish SLCGP objectives may result in the reduction or withholding of funds, or other action, as determined by MT DES. The State of Montana has the right to seek judicial enforcement of these obligations. Article 51 Accruals As established within Montana Operations Manual Policy, accrual documentation is required of all sub-recipients by the Montana Department of Administration, State Financial Services Division, and must be submitted to MT DES no later than the second week of June, or as instructed by MT DES. Applicable to sub-recipients receiving direct funding. Article 52 Catalog of Federal Domestic Assistance (Assistance Listing Number) The Catalog of Federal Domestic Assistance (CFDA) number associated with this grant is 97.137. Article 53 Nationwide Cybersecurity Review Subrecipients of FY 2022 grant awards will be required to complete the Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient and subrecipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 3-6 hours to complete. The 2024 NCSR will be open from October – February 2024. MT DES will provide subrecipients with additional information upon opening of the review. Article 54 Cyber Hygiene Services Subrecipients of FY 2022 SLCGP are required to register and maintain CISA’s no cost Cyber Hygiene (CyHy) Services for vulnerability services and web application services as outline in the Notice of Funding Opportunity.. Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 18186 Page 1 of 12 State and Local Cybersecurity Grant Program FY 2022 Award Letter Chuck Winn City of Bozeman 121 N. Rouse Ave Bozeman MT 59715 City Manager Chuck Winn, Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application for financial assistance submitted under the Fiscal Year (FY) 2022 State and Local Cybersecurity Grant Program, Network Intrusion Detection System (IDS), has been approved in the amount of $17,750.00 to provide services to local entities. City of Bozeman is not required to match this award with any amount of non-Federal funds. Before City of Bozeman requests and receives any of the Federal funds, acceptance of the award must be established. By accepting this award, City of Bozeman acknowledges that the terms of the following documents are incorporated into the terms of this award: • Agreement Articles (attached to this Award Letter) • Obligating Document for Award (attached to this Award Letter) • FY 22 State and Local Cybersecurity Grant Program Notice of Funding Opportunity Per the Notice of Funding Opportunity (NOFO), all sub-recipients are required to complete the following: • Complete the Nationwide Cybersecurity Review (NCSR) • Register and maintain CISA’s no cost Cyber Hygiene Services (CyHy) Please make sure you read, understand, and maintain a copy of these documents in the official file for this award. In order to establish acceptance of the award and its terms, please complete, sign and return the Obligating Document for Award to your MT DES Grant Coordinator. For additional assistance, please contact your MT DES Grant Coordinator. Sincerely, Burke S. Honzel Preparedness Bureau Chief Montana Disaster and Emergency Services CC Scott McMahan Award Letter Burke S. Honzel Digitally signed by Burke S. Honzel Date: 2024.12.20 15:49:38 -07'00' Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 19163 AGREEMENT ARTICLES State and Local Cybersecurity Grant Program SUB-RECIPIENT: City of Bozeman PROGRAM: State and Local Cybersecurity Grant STATE GRANT NUMBER: 22SLCGP-BZN-IDS TABLE OF CONTENTS Article 1 Summary Description of Award Article 2 SLCGP Performance Goal Article 3 DHS Standard Terms and Conditions Generally Article 4 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article 5 General Acknowledgements and Assurances Article 6 Acknowledgement of Federal Funding from DHS Article 7 Activities Conducted Abroad Article 8 Age Discrimination Act of 1975 Article 9 Americans with Disabilities Act of 1990 Article 10 Best Practices for Collection and Use of Personally Identifiable Information Article 11 Civil Rights Act of 1964 – Title VI Article 12 Civil Rights Act of 1968 Article 13 Copyright Article 14 Debarment and Suspension Article 15 Drug-Free Workplace Regulations Article 16 Duplication of Benefits Article 17 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 18 Energy Policy and Conservation Act Article 19 False Claims Act and Program Fraud Civil Remedies Article 20 Federal Debt Status Article 21 Federal Leadership on Reducing Text Messaging while Driving Article 22 Fly America Act of 1974 Article 23 Hotel and Motel Fire Safety Act of 1990 Article 24 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article 25 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article 26 Lobbying Prohibitions Article 27 National Environmental Policy Act Article 28 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article 29 Non-Supplanting Requirement Article 30 Notice of Funding Opportunity Requirements Article 31 Patents and Intellectual Property Rights Article 32 Procurement of Recovered Materials Article 33 Rehabilitation Act of 1973 Agreement Articles Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 20164 Article 34 Reporting of Matters Related to Recipient Integrity and Performance Article 35 Reporting Subawards and Executive Compensation Article 36 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article 37 SAFECOM Article 38 Terrorist Financing Article 39 Trafficking Victims Protection Act of 2000 (TVPA) Article 40 Universal Identifier and System of Award Management Article 41 USA PATRIOT Act of 2001 Article 42 Use of DHS Seal, Logo and Flags Article 43 Whistleblower Protection Act Article 44 Environmental Planning and Historic Preservation (EHP) Review Article 45 Applicability of DHS Standard Terms and Conditions to Tribes Article 46 Acceptance of Post Award Changes Article 47 Disposition of Equipment Acquired Under the Federal Award Article 48 Prior Approval for Modification of Approved Budget Article 49 Indirect Cost Rate Article 50 MT DES Specific Acknowledgements and Assurances Article 51 Accruals Article 52 Authorized Representative Article 53 Nationwide Cybersecurity Review Article 54 Cyber Hygiene Services Article 1 Summary Description of Award The purpose of the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP) is to assist state, local, and territorial (SLT) governments with managing and reducing systemic cyber risk. Through funding from the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, the SLCGP enables DHS to make targeted cybersecurity investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services SLT governments provide their community. This SLCGP award provides funding in the amount of: $2,427,866 for the state of Montana. Of this amount, up to $121,393 can be retained by the State Administrative Agency (SAA) for management and administrative expenses. The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA and CISA of the award budget. Post-award documents uploaded into ND Grants for this award are also incorporated into the terms and conditions of this award, subject to any limitations stated in subsequent approvals by FEMA and CISA of changes to the award. Investments not listed in this Agreement Article are not approved for funding under this award. Article 2 SLCGP Performance Goal In addition to the Performance Progress Report (PPR) recipients must demonstrate how the grant-funded projects address the capability gaps identified in their Cybersecurity Plan or other relevant documentation or sustains existing capabilities per the CISA-approved Investment Justification. The capability gap reduction or capability sustainment must be addressed in Performance Narrative. Article 3 DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions. Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 21165 Article 4 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. section 170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article 5 General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article 6 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 7 Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 8 Age Discrimination Act of 1975 Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 22166 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 9 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 10 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 11 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7. Article 12 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 13 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. Article 14 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 15 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 23167 recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 16 Duplication of Benefits Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions. Article 17 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19. Article 18 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 19 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 20 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 21 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513. Article 22 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated- air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 23 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a. Article 24 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 24168 telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article 25 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 26 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL). Article 27 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 28 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Article 29 Non-Supplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. Article 30 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Article 31 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14. Article 32 Procurement of Recovered Materials Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 25169 States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 33 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 34 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. Article 35 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. Article 36 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers, when necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 26170 required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described as “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Definitions The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference. Article 37 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA. Article 38 Terrorist Financing Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws. Article 39 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference. Article 40 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. Article 41 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Article 42 Use of DHS Seal, Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS components (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. Article 43 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712. Article 44 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at: https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 27171 activities occur during construction, the applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article 45 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article 46 Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions. Article 47 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures. Article 48 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non- construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 49 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 50 MT DES Specific Acknowledgements and Assurances Sub-recipients must acknowledge and agree to comply with applicable provisions governing MT DES access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipients must cooperate with any compliance reviews or compliance investigations conducted by MT DES. 2. Sub-recipients must give MT DES access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by MT DES regulations and other applicable laws or program guidance. Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 28172 3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate MT DES officials and maintain appropriate backup documentation to support the reports. 4. Sub-recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. The State of Montana shall not be liable for any reimbursement amount greater than the award amount available to each sub-recipient. 6. Failure of the sub-recipient to accomplish SLCGP objectives may result in the reduction or withholding of funds, or other action, as determined by MT DES. The State of Montana has the right to seek judicial enforcement of these obligations. Article 51 Accruals As established within Montana Operations Manual Policy, accrual documentation is required of all sub-recipients by the Montana Department of Administration, State Financial Services Division, and must be submitted to MT DES no later than the second week of June, or as instructed by MT DES. Article 52 Authorized Representative As evidenced by the signatures found in the Letter of Obligation, the Sub-Recipient Signatory Official agrees to appoint the Sub-Recipient Authorized Representative to act on behalf of City of Bozeman. This individual shall be duly authorized with all necessary powers with regard to the administration and oversight of the 2022 State and Local Cybersecurity Grant Program, 22SLCGP-BZN-IDS. The Catalog of Federal Domestic Assistance (CFDA) number associated with this grant is 97.137. Article 53 Nationwide Cybersecurity Review Subrecipients of FY 2022 grant awards will be required to complete the Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient and subrecipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 3-6 hours to complete. The 2024 NCSR will be open from October – February 2024. MT DES will provide subrecipients with additional information upon opening of the review. Article 54 Cyber Hygiene Services Subrecipients of FY 2022 SLCGP are required to register and maintain CISA’s no cost Cyber Hygiene (CyHy) Services for vulnerability services and web application services as outline in the Notice of Funding Opportunity. Subrecipients will report completion with performance progress reports. Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 29173 Obligating Document for Award STATE GRANT NUMBER: 22SLCGP-BZN-IDS FEDERAL AGREEMENT NUMBER: EMW-2022-CY-00027 AMENDMENT NUMBER: SUB-RECIPIENT NAME AND ADDRESS: City of Bozeman 121 N. Rouse Ave Bozeman, MT 59715 ISSUING STATE OFFICE AND ADDRESS: Montana Disaster and Emergency Services P.O. Box 4789 1956 MT Majo Street Fort Harrison, MT 59636-4789 NAME OF SUB-RECIPIENT AUTHORIZED REPRESENTATIVE: Scott McMahan SUB-RECIPIENT AUTHORIZED REPRESENTATIVE CONTACT INFORMATION: smcmahan@bozeman.net 406-582-2277 EFFECTIVE DATE OF THIS ACTION: 11/21/2024 METHOD OF PAYMENT: EFT NAME AND CONTACT INFORMATION OF MT DES GRANT COORDINATOR: Emily Schuff Emily.Schuff@mt.gov 406-417-9236 FEDERAL AWARD AMOUNT: $17,750.00 PERIOD OF PERFORMANCE: From: To: 12/1/2024 09/30/2026 Budget Period: From: To: 12/1/2024 09/30/2026 ASSISTANCE ARRANGEMENT: Cost Reimbursement CFDA #: 97.137 SUB-RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE SUB-RECIPIENT AUTHORIZED REPRESENTATIVE (Name and Title) DATE MT DES SIGNATORY (Name, Title and Date) Amanda Avard, Preparedness Program Manager, Authorized Organizational Representative Amanda Avard Digitally signed by Amanda Avard Date: 2025.03.11 12:14:44 -06'00' Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 Director of Information Technology 3/31/2025 City Manager 3/31/2025 30174 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the Application to the Montana Department of Transportation for Transportation Alternatives Program Funding to Support the Bozeman Safe Routes to School Program MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the Application to the Montana Department of Transportation for Transportation Alternatives Program Funding to Support the Bozeman Safe Routes to School Program STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:City Transportation and Engineering Staff are applying to the Montana Department of Transportation for Transportation Alternatives Program funding. The funding will be used to expand the Bozeman Safe Routes to School Program which is an ongoing partnership between the City of Bozeman, the Western Transportation Institute, and the Bozeman School District. Funding will support encouragement and skill building activities, a safety campaign, an incentive program, and support for a program manager. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified. FISCAL EFFECTS:The proposed budget for the program is $69,825. The Transportation Alternatives Program funding requires a local match of 13.42% or $9,371. The funds for this match will come from existing Transportation Demand Management budget items in the Engineering budget. Attachments: 2025 TA_City of Bozeman_Bozeman Safe Routes to School.pdf Report compiled on: April 9, 2025 31 32 GALLATIN VALLEY METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION ALTERNATIVES (TA) PROGRAM APPLICATION Fill in all of the following sections and do not leave any blank. Select one of the following: Local project administration Request MDT administration (not guaranteed) Entities administering an urban area or with prior experience managing Federal-Aid projects must locally administer the project. Sponsors without prior experience managing Federal-Aid projects or no internal engineering staf may request project administration from MDT. 1. Project Name: 2. Project Sponsor: 3. Project Sponsor Contact Information: Name: Title: Address: City: State: Zip Code: Email: Phone: 4. Cost Table: Total Cost TA Federal Share (100% or 86.58%) Match (N/A or 13.42%) Additional Contributions Preliminary Engineering (PE) Construction (CN) Construction Engineering (CE) Right-of-Way (RW) Incidental Construction (IC) Subtotal IDC (10.71% SFY25) Grand Total Match Type: State Match: Local Match: Additional Contribution: Estimated Project Sponsor Cost: 1 of 4 33 5. Project Description: (10 points) 6. Will the project be fully ADA compliant? Yes No (explain below) Explanation of technical infeasibility if not fully ADA complant: 7. Describe the operation and maintenance plan for the facility: 2 of 4 34 8. Describe the project benefts: (45 points) 3 of 4 35 9. Describe an analysis of the risks: (45 points). 4 of 4 36 TRANSPORTATION ALTERNATIVES (TA) PROGRAM APPLICATION Safe Routes to School Project Description City of Bozeman April 9, 2025 37 Page | 1 Table of Contents - Bozeman Safe Routes to School Project Project Description: ...................................................................................................................................... 2 What is proposed: ..................................................................................................................................... 2 Consistency with transportation strategy: ............................................................................................... 3 The Safe Systems Approach .................................................................................................................. 3 Behavior Change Theory ....................................................................................................................... 4 The Safe System Pyramid ...................................................................................................................... 5 Consistency with local plans: .................................................................................................................... 6 Why is funding needed: ............................................................................................................................ 6 ADA Compliance ........................................................................................................................................... 8 Operation and Maintenance Plan ................................................................................................................. 9 Goal 1: Implement Safe Routes to School encouragement and skill building activities. .......................... 9 Goal 2: Encourage adoption of shared Commute Technology: .............................................................. 10 Goal 3: Develop and disseminate a public pedestrian and traffic safety education campaign: ............. 10 Goal 4: Provide technical assistance and training to community partners - Safe Routes Program Manager: ................................................................................................................................................. 11 Goal 5: Ensure equitable distribution of youth Safe Routes to School education and encouragement by building school and community capacity: .............................................................................................. 11 Project Benefits ........................................................................................................................................... 13 Risk Analysis ................................................................................................................................................ 15 Administration: ....................................................................................................................................... 15 Budget Description: ................................................................................................................................ 15 Preliminary Engineering (Contracted Personnel): .............................................................................. 15 Construction (Equipment and Supplies): ............................................................................................ 15 Project Maintenance: .............................................................................................................................. 15 Public Involvement: ................................................................................................................................ 16 Other Risks: ............................................................................................................................................. 16 Appendix 1: Parent Perception Survey Highlighted Results ....................................................................... 18 Appendix 2: Western Transportation Institute Letter of Support .............................................................. 19 Appendix 3: School District 7 Letter of Support ......................................................................................... 20 38 Page | 2 Project Description: With rapid growth and the urbanization of Bozeman, there is a need to provide options that allow and empower all families and children, including those with mobility limitations, to get to school safely. Multiple factors are contributing to a causal loop that reinforces increased traffic and congestion near schools, while decreasing safety and limiting active modes of transportation. The results of a survey conducted in March of 2025 among Bozeman School District 7 (BSD7) parents (n=253) demonstrate that the safety of intersections (75%), the speed of traffic (58%), and the volume of traffic (67%) are the main concerns that influence parents’ decision to not allow their children to walk or bike to school. This feedback loop leads to more parents driving their children to school and ultimately adding to more automobile traffic near schools. Safe Routes to School (SRTS) programming can help break this causal loop by educating youth on safe walking, bicycling, encouraging carpooling and the use of the school bus, while engaging families in creative solutions to create a safe transportation system that benefits all Bozeman residents. What is proposed: The Bozeman Safe Routes to School Project, is a partnership among the City of Bozeman, Bozeman School District, Western Transportation Institute (WTI), and other community partners. Sponsored by the City of Bozeman, the Project will be a coordinated approach implemented across the community and within public and private school districts in the Bozeman Urbanized Area. The Project will increase community capacity to address the behavioral and cultural components of a comprehensive transportation safety strategy and increase efficacy of mode choice among community members, especially youth. Under 23 U.S.C. 213(b) eligible activities under the Transportation Alternatives program include: Safe Routes to School programs and non-infrastructure-related activities to encourage walking and bicycling to school such as public awareness campaigns, education and enforcement, student sessions on bicycle and pedestrian safety, health, and the environment. Allowable activities also include funding for safe routes to school coordinators, program managers, and training volunteers. We are asking for Transportation Alternatives funding to support Safe Routes to Schools programming in the Bozeman Urbanized area in the following ways: 1) Safe Routes to School encouragement and skill building activities: This component of the SRTS project includes supplies for BSD7 elementary schools to implement at least 48 encouragement and skill building activities across FY 26 and FY 27. Walk/Bike to School Day events, Bicycle Rodeos, Walking School Busses, and Bike Trains are examples of experiential skill building education that encourage active modes of transportation. 2) Shared Commute Technology: This technology supports parents’ efforts to reduce school- related automobile trips by assisting in coordination of shared transportation options such as neighborhood carpooling groups, walking and bicycling groups, and extracurricular activity carpooling. 3) Pedestrian and traffic safety education campaign: This activity includes the development and placement of a local public education campaign to address transportation safety knowledge, attitudes, and beliefs of all roadway users in the Bozeman Urbanized Area. This public education 39 Page | 3 includes paid and earned media including school newsletter articles, social media posts, in- person and online presentations, in classroom education, etc. 4) Coalition Meeting(s): This activity will build capacity, partnerships, and collaboration among Safe Routes to School stakeholders and stakeholder groups in the Bozeman Urbanized Area. We are requesting funding to host two half-day meetings where School Coordinators, volunteers, and other mobility stakeholders will share resources, education, and training. This will be an opportunity for community partners to strategize efforts to meet shared goals while avoiding duplication. 5) Safe Routes Program Manager: The program manager will provide technical assistance and training to community stakeholders such as school district staff, school coordinators, and volunteers. Technical assistance will aid in the implementation and evaluation of context sensitive SRTS strategies within at least eight elementary schools. The program manager will allow for consistent and uniform implementation of Project activities across the Bozeman Urbanized Area. 6) School Coordinator/Volunteer Incentives: School coordinators and volunteers will work closely with the program manager to identify and implement SRTS education and engagement in their representative school. School coordinator stipends and volunteer incentives will ensure saturation of Project activities within each of the eight BSD7 elementary school communities. School Coordinators will identify opportunities for bicycle and pedestrian safety education, organize volunteers for encouragement and engagement events, encourage parent adoption of commute share technology, and ensure effective placement of safety campaign materials across their school community. Measurable performance management goals and objectives for the Project are detailed in the Operation and Maintenance Plan section of this request for funding. Consistency with transportation strategy: The Bozeman Safe Routes to School Project supports the Safe Systems Approach and is consistent with many local planning documents, especially the City of Bozeman’s “SAFE” (Streets are for Everyone) Plan (Figure 1), the 2017 Bozeman Transportation Master Plan, and the 2024-2026 City Commission Priorities. The Safe Systems Approach The Safe Systems Approach (Figure 2) identifies five objectives: Safer people, roads, vehicles, speeds, and post- crash care. This project will complement engineering projects by addressing the “Safer People” and “Safer Speeds” objective of the Safe Systems Approach. The Project’s cultural and behavioral interventions reinforce the comprehensive safety strategy principal that “responsibility is shared” among individual roadway users, engineers, government agencies, and community organizations. Figure 1: The four P's of the City of Bozeman's SAFE Plan 40 Page | 4 Bozeman Safe Routes to School Project will directly impact the Safer People objective of the Safe Systems Approach by encouraging safe transportation among all people using the system, especially children and parents. The National Roadway Safety Strategy identifies that all tools, including education and outreach, are needed in addition to engineering solutions to address behavioral safety issues. Safe Systems Approach objectives impact outcomes and decisions across categories, therefore, the Bozeman Safe Routes to School Project is expected to also indirectly address safer vehicles through mode choice, safer speeds through community changes in knowledge attitudes and beliefs, and safer roads by engaging community in identifying needs and developing solutions. A comprehensive approach to influencing human behavior is necessary. Behavior Change Theory The Safe Systems Approach calls for a paradigm shift in transportation safety which requires transportation professionals to understand their roles as public health professionals and incorporate public health principles into their thinking and practice. Transportation safety, a public health issue, is impacted by public policy, the built environment, organizational structures, social influences, community culture, values and norms, and individual knowledge, attitudes, and skills. The Social Ecological Model, a behavior change model, explains factors affecting behaviors such as speeding, wearing seatbelts, or transportation mode choice. The Social Ecological Model (Figure 3) also provides guidance for developing successful behavior change interventions and highlights the multiple levels of influence and the fact that behaviors both shape and are shaped by the social environment (Birtwistle et.al, 2018). Figure 2: The Safe Systems Approach principles and objectives 41 Page | 5 The Safe System Pyramid The Safe Systems Pyramid (Figure 4) provides a framework for transportation safety professionals to utilize when choosing effective interventions while also considering individual autonomy. The pyramid identifies levels of intervention specific to transportation that influence population health impact, including Socioeconomic Factors, Built Environment, Latent Safety Measures, Active Measures, and Education. Interventions at each level support safety, while education, the top level of the pyramid, is necessary to create impact across all levels of the Social Ecology. Educational interventions, like the Bozeman Safe Routes to School Project, contribute to transportation safety programs by raising awareness, promoting safety as a cultural value, helping people navigate the school bus or active transportation system, or trying walking and cycling as a means of teaching the rules of the road. “Education and Encouragement” measures are important for compliance with “Active Measures” that require individual knowledge, attitudes, and beliefs (i.e.: observing school zone speed limits or wearing helmets correctly). Education is also necessary to support adoption “Latent Safety Measures” or acceptance of “Built Environment” changes. Figure 4: The Safe Systems Pyramid, an intervention ladder. Policy Level: Funding priorities, Laws, regulations, and policies, Civic engagement/Inclusion Environment Level: Built environment, neighborhood density, green space, hazards Organizational Level: org. structure, funding, policies, capacity Interpersonal: Modeled behavior, expectations, shared activities, encouragement Individual: Knowledge, skill, attitudes, beliefs Figure 3: A visual representation of the Socio-Ecological Model, including examples for each level. The model suggests behavior is determined by an ongoing interaction between components at each level. 42 Page | 6 Consistency with local plans: The Bozeman Safe Routes to School Project goals directly align with the City of Bozeman 2024-2026 Commission Priorities, Transportation SAFE Plan, and 2017 Bozeman Transportation Master Plan. Additionally, the Project aligns with Gallatin County’s Triangle Community Plan, Triangle Trails Plan, Greater Triangle Area Transportation Plan, and the State of Montana’s TransPlan MT 2017. • The 2024 Bozeman City Commission prioritized “Ramp up the SAFE Plan and become a Gold level Bike Friendly Community” by continuing to improve bike safety throughout the community and establishing a community-wide education program for bike and pedestrian safety. • The City of Bozeman Transportation SAFE Plan prioritizes public education about safe operating procedures between bicyclists, pedestrians, and vehicles. • The 2017 Bozeman Transportation Master Plan calls for a “transportation system that allows citizens to choose what mode of travel they desire… while promoting an active lifestyle by choice for its citizens.” The Plan also calls for implementation of safety initiatives and educational programs for all modes of transportation. • Gallatin County’s Triangle Community Plan highlights the challenges of rapid growth and identifies that serving students requires safe routes to school in addition to complete streets and infrastructure investments. The plan also highlights that school coordination with local government is needed to mitigate issues related to safety and connectivity. • Gallatin County’s Triangle Trails Plan (TTP) recognizes the need for coordinated efforts between Bozeman, Belgrade, and Gallatin County to connect residents to schools and other important destinations. • Gallatin County’s Greater Triangle Area Transportation Plan (GTAP) states that as the triangle area population grows, there will be an increased demand for services to accommodate bicyclists and pedestrians, and in addition to infrastructure improvements, education and enforcement are effective strategies to increase bicycle and pedestrian safety and reduce motor vehicle speeds. • TransPlanMT 2017 top goal is to improve safety for all transportation users to achieve Vision Zero: zero fatalities and zero serious injuries. One of the strategies to achieve this goal includes leveraging relationships with education partners to foster a culture of safety on Montana Roadways. The Project directly addresses this strategy by assisting the City of Bozeman, Bozeman School District, and other community education partners to meet this safety goal. Why is funding needed: Historically, school districts in Bozeman provided Safe Routes to School traffic safety education and encouragement activities funded through the Federal Safe Routes to School Program. In 2014, the Federal Safe Routes to School Program was combined with other walking and bicycling programs into the Transportation Alternatives Program. Since that time, Transportation Alternative Program funding administered by the Montana Department of Transportation has prioritized infrastructure projects, leaving Safe Routes to School activities in Bozeman, MT unfunded, resulting in pedestrian and traffic safety education activities largely disappearing from Bozeman schools. The few SRTS activities that remain are not uniformly distributed throughout the community. The recent formation of the Gallatin Valley Metropolitan Planning Organization creates an opportunity for local government control over Transportation Alternatives Program funding and meeting local transportation priorities. This provides 43 Page | 7 Bozeman with the ability to implement a more comprehensive approach to meeting the objectives of the Safe System Approach as well as interventions that influence behavior and culture at the individual, interpersonal, and organizational levels of the social ecology. 44 Page | 8 ADA Compliance This project improves public safety and addresses human behavior concerns by providing education and skill building for area youth, regardless of mobility status, while providing community-wide safety education for all transportation system users. Walking and bicycling can enable long-term levels of independence for individuals with mobility limitations. Many community members desire a wider array of mobility options. Providing early pedestrian and bicycle education around transportation is crucial for connecting all people, regardless of mobility limitations, to community destinations and enabling personal independence across the lifespan. The Project will provide opportunities for students and families to participate in Safe Routes to School education and encouragement activities by ensuring activities are physically adaptive and inclusive to people of all abilities. After this project is completed, all young people participating in project activities will be more equipped with knowledge and skills to safely walk or bike to school. 45 Page | 9 Operation and Maintenance Plan The Bozeman Safe Routes to School Project, a partnership among the City of Bozeman, Bozeman School District, Western Transportation Institute (WTI), and other community partners, will be directed by The City of Bozeman’s Transportation Demand Management Coordinator with technical assistance from Western Transportation Institute at Montana State University. The City of Bozeman will contract the Safe Routes to School Program Manager with WTI and School Coordinators with BSD7. Figure 4 depicts the logic model for this Project with resources needed, activities to be implemented, and expected short- and long-term outcomes due to implementation. The City of Bozeman will ensure the following goals and objectives are met through this funding: Goal 1: Implement Safe Routes to School encouragement and skill building activities. Encouragement events help inspire students and parents to try walking or biking to school, and they can help make active transportation part of the culture of the school community Goal 1, Objective 1: The project team will work with the Bozeman community to implement at least 48 Safe Routes to School encouragement and skill building activities across FY 26 and FY 27. 1.1.1 With assistance from the Program Manager, elementary school coordinators will host two Walk/Bike to school Day events for families in each of the eight BSD7 elementary schools across FY 26 and FY 27. 1.1.2 With assistance from the Program Manager, elementary school coordinators will host two Bicycle Rodeos or bicycle skill building events for students at each of the eight BSD7 elementary schools across FY 26 and FY 27. ResourcesTransportation Alternatives funding Program Manager time Volunteers Materials and supplies School Pool technology School coordinator and administration time Media ActivitiesEncouragement and skill building activities Encourage adoption of shared commute technology - neighborhood carpool Pedestrian and Traffic safety education campaign Technical assistance to community partners and coalition development School Capacity Building: teacher and other volunteer training and incentives Short-term OutcomesIncrease in pedestrian and bicyclist skills. Increase driver knowledge, positive attitudes, and beliefs related to school zone safety. Increase in number of students walking or bicycling to school Decrease in Vehicle Miles Traveled to school Awareness of school zone safety among all user groups Long-term outcomes Fewer pedestrian injuries and fatalities Reduced emissions Decrease in Vehicle Miles Traveled Increase in active transportation mode-share Lower rates of chronic disease Figure 5: The logic model for the proposed SRTS program outlines the resources and inputs needed to implement proposed activities, resulting in short and long-term outcomes. 46 Page | 10 1.1.3 With the assistance from the Program Manager, elementary school coordinators will host two multi-day Bicycle Trains or Walking School Busses at each of the eight BSD7 elementary schools. Goal 2: Encourage adoption of shared Commute Technology: School Pool technology supports parents’ efforts to reduce school related automobile trips by assisting in coordination of shared transportation options such as neighborhood carpooling groups, walking and bicycling groups, and extracurricular activity carpooling. Goal 2, Objective 1: School Coordinators will work with the Program Manager to develop and place promotional materials for the School Pool technology in appropriate school communication channels. 2.1.1 School Coordinators will develop or work with Project Manager to adapt at least one school newsletter “blurb” and one “how to” video to create awareness of School Pool Technology. 2.1.2 School Coordinators for each of the eight elementary schools will work with their school’s Principal to place newsletter blurbs and “how to” videos in at least six parent-teacher communications and one school wide newsletter in the months of September and October of each year. Goal 2, Objective 2: School Coordinators will work with parents of each elementary school to adopt use of technology and carpooling practices. 2.2.1: School Coordinators for each of the eight elementary schools will supply all parents with a secure link to sign up for School Pool. 2.2.2: School Coordinators will work with parents to ensure barriers to use of School Pool technology is addressed by connecting those parents’ requesting assistance to the Program Manager. Goal 3: Develop and disseminate a public pedestrian and traffic safety education campaign: This activity includes the development and placement of a local public education campaign to address transportation safety knowledge, attitudes, and beliefs of all roadway users in the Bozeman Urbanized Area. Goal 3, Objective 1: This public education includes paid and earned media including school newsletter articles, social media posts, in-person and online presentations, in classroom education, etc. 3.1.1 Across each school year, school coordinators will work with BSD7’s eight school Principals to ensure a minimum of four pieces of roadway safety education media are included in the respective school’s communications to parents annually. 3.1.2 The City of Bozeman will place a minimum of eight Safe Routes to School educational media pieces across social media networks and/or other public media channels in FY26 and FY27. 47 Page | 11 Goal 4: Provide technical assistance and training to community partners - Safe Routes Program Manager: The Safe Routes to School Program Manager will allow for successful, consistent, and equitable implementation of Project activities across the Bozeman Urbanized Area by providing technical assistance and training and coordination with the project team. Goal 4, Objective 1: The Program Manager will coordinate two annual meetings with City of Bozeman staff, BSD7 school administration, and eight school coordinators to orient them to the Safe Routes to School program, their roles, and shared goals. 4.1.1 Program Manager will provide annual education on Safe Routes to School history, benefits, and coordinated approach. 4.1.2 Program Manager will aid with coordination and task reporting to ensure the City of Bozeman and BSD7 Administration enter into a MOU to provide annual School Coordinator Stipend Payments. Goal 4, Objective 2: The Program Manager will provide at least one annual training and technical assistance (as needed) to community stakeholders, school coordinators, and other volunteers to aid in the implementation and evaluation of context sensitive SRTS strategies across the Bozeman Urbanized Area. 4.2.1: The Program Manager will distribute and present Parent Perception Survey Results at least one time annually. 4.2.2: The program Manager will assist school coordinators in identifying individual school needs and developing solutions based on administration, staff, parent, and student feedback and/or data. Goal 5: Ensure equitable distribution of youth Safe Routes to School education and encouragement by building school and community capacity: Goal 5, Objective 1: The City of Bozeman and BSD7 will enter an MOU to provide paid opportunities for school staff or volunteers to coordinate SRTS activities across eight elementary schools within the Bozeman Urbanized Area. 5.1.1 School Coordinators (eight) will serve as a liaison between the City of Bozeman, Western Transportation Institute, and BSD7 school communities. 5.1.2 School coordinators (eight) will work closely with the Program Manager to implement Goals 1 and 2 of this workplan on an annual basis: A: Coordinate and implement at least three Engagement/Encouragement Activities per school year: B: Encourage parent adoption of shared commute technology. 48 Page | 12 Goal 5, Objective 2: Develop and coordinate Safe Routes to School/Mobility Coalition to provide opportunities for community partners to strategize efforts to meet shared goals while avoiding duplication. 5.2.1: The City of Bozeman will host (two) half-day meetings where School Coordinators, volunteers, and other mobility stakeholders will share resources, education, and training. 49 Page | 13 Project Benefits According to the Social Ecological Model of human behavior (previously explained in Appendix 1: Project Description) individual, interpersonal, organizational, environmental, and policy factors interact to impact human decision making, behavior, and safety outcomes across the community. Complementary to infrastructure projects historically funded through Montana’s Transportation Alternatives Program, the Bozeman Safe Routes to School Project addresses the social environment (organizational and interpersonal supports, and individual knowledge and skills of community members) to influence behavior, culture, and transportation safety outcomes within our community. This project will support the Safe System Approach by expanding the impact of Transportation Alternatives Funding beyond Safer Roadway infrastructure by also impacting Safer People and Safer Speeds through development of individual knowledge and skill building, interpersonal coordination, organizational capacity, and community norms. Bozeman Safe Routes to School Project will directly impact the Safer People objective of the Safe Systems approach by encouraging safe transportation among all people using the system, especially children and parents. The National Roadway Safety Strategy identifies that all tools including education and outreach are needed in addition to engineering solutions to address behavioral safety issues. Safe Systems Approach objectives impact outcomes and decisions across categories, therefore, the Bozeman Safe Routes to School Project is expected to also indirectly address safer vehicles through mode choice, safer speeds through community changes in knowledge attitudes and beliefs, and safer roads by engaging community in identifying needs and developing solutions. A comprehensive approach to influencing human behavior is necessary. There is a need for pedestrian and traffic safety education and programming for communities to achieve Vision Zero. According to the Montana Department of Transportation website, “Motorists, bicyclists, and pedestrians are all responsible for safety on Montana’s roadways”. This project will encourage safe and responsible behavior by all people who use the roads, regardless of mode, beginning at a young age. The project will impact individual knowledge, behaviors, and community norms while encouraging collaboration between parents, schools, and local governments to identify transportation programming and infrastructure improvements that mitigate human mistakes, encourage safer behavior, and facilitate safe travel by our most vulnerable users. Since Safe Routes to School non-infrastructure funding was integrated into the Transportation Alternatives Program in 2014, Safe Routes to School education and programming has largely been unfunded in the Bozeman Urbanized Area. Without funding and coordination, Schools across Bozeman have struggled to equitably implement Safe Routes to School education and programming, creating gaps in knowledge and skills needed to travel safely in and around school zones. Transportation Alternatives funding for the Bozeman Safe Routes to School Project will ensure education and programming necessary for a comprehensive approach to safety is equitably implemented throughout the community. As noted previously, the Bozeman Safe Routes to School Project is consistent with Gallatin County’s Triangle Community Plan, Triangle Trails Plan, and The Greater Triangle Area Transportation Plan. The program goals directly align with the City of Bozeman's Community Transportation SAFE Plan and Transportation Master Plan. Gallatin County’s Triangle Community Plan highlights the challenges of rapid growth and identifies that serving students requires safe routes to school in addition to complete streets and infrastructure investments. The plan also highlights that school coordination with local 50 Page | 14 government is needed to mitigate issues related to safety and connectivity. The Bozeman Safe Routes to School Program, as outlined above, will address the above planning objectives while resulting in long- term outcomes of fewer roadway injuries and fatalities, reduced emissions, decreases in vehicle miles traveled, increases in active transportation mode share, and ultimately a healthier community with lower rates of chronic disease. 51 Page | 15 Risk Analysis Administration: The Bozeman Safe Routes to School Project will utilize local project administration – MDT Administration is not necessary. Budget Description: Because we are requesting funding for a non-infrastructure project, line items do not directly match the category headings used within the table. A description of costs is included below: Preliminary Engineering (Contracted Personnel): This budget line item reflects the funds that will be used to pay for eight School Coordinators (or to provide incentives to school volunteers) and part of the Program Manager’s salary for FY26 and FY27. The total is equal to $2400 annually for school coordinator stipends or volunteer incentives at each of the eight elementary schools times for FY26 and FY27. The City of Bozeman will contract with the Western Transportation Institute to provide technical assistance and serve as the Program Manager. Total funds provided to WTI equal $8,470 across the project timeframe. Total contracted personnel costs equal $46,870 including the local match. Construction (Equipment and Supplies): This budget line reflects the funds that will be used to pay for materials and supplies needed to implement SRTS programming throughout the Bozeman Urbanized Area. These materials include $3,700 for demonstration project supplies such as paint, bollards, and planters to conduct temporary traffic calming for events or school pick-up and drop-off. The School Pool subscription (commute share technology) through Ride Amigos has a fee estimated at $2,300 per year, totaling $4,600. Safety gear such as bike lights, and other high visibility clothing will be utilized as incentives for encouragement and engagement activities. We estimate the cost for these safety incentives at $3,700. Consumable materials such as chalk, cups, napkins, plates, and printing of advertisement materials is estimated at $800 for these engagement events. Coalition meeting materials and snacks are estimated at 20 participants at $10 per person totaling $400. And finally, paid media placement including paid social media at $1,500 per year or $3,000 of advertising over the course of FY26 and FY27. Total equipment and supply costs equal $16,200 including the local match. The Bozeman Safe Routes to School Project totals $69,824.80 including the 10.71% of funds for MDT IDC. The federal share of TA funds requested by the City of Bozeman is $60,454.31 and the local match that the City will bring to the project equals $9,370.49 Matching Funds: Funds to meet the local match are in-hand and committed to paying costs associated with technical assistance from Western Transportation Institute serving as the Program Manager for the Project. Project Maintenance: The City of Bozeman will work closely with the Program Manager (WTI) and Program Coordinators to assist with planning and execution of program activities. The City of Bozeman will act as fiscal manager of TA funding and will contract with Western Transportation Institute and BSD7 to meet goals and 52 Page | 16 objectives outlined in the Operation and Maintenance Plan. Bozeman School District Administration will select qualified staff members to serve as School Coordinators and will ensure stipends are distributed accordingly. The Program Manager (WTI) will work closely with BSD7 Administration and selected School Coordinators to ensure performance management goals and objectives are accomplished. Public Involvement: The Project aligns with Bozeman City Commission priorities, the Bozeman Community Transportation SAFE Plan, and the 2017 Bozeman Transportation Master Plan. Transportation Master Plan formation included extensive public engagement such as public information meetings, oversight from the Bozeman Area Transportation Coordinating Committee, and technical working group. Additionally, the public was engaged through public outreach and stakeholder involvement. Informed by these planning documents, The Bozeman City Commission officially adopted 2024-2026 Commission Priorities including the following goal: “Ramp up the SAFE Plan and become a Gold level Bike Friendly Community” by continuing to improve bike safety throughout the community and establishing a community-wide education program for bike and pedestrian safety. The Commission Priorities were adopted at a public meeting with the opportunity for public input. Other Risks: The purpose of this project is to protect the safety of children within the community while they travel to school. Organization of formal walk/bike activities will assist community leaders in identifying possible dangers to children as they travel to and from school and institute reasonable precautions to protect against these dangers. The activities proposed increase knowledge of safety issues among youth and community members, provide opportunities for children to practice knowledge and safety skills in safe and controlled environments, and advance the practice of those skills through adult supervised walk and bike activities in the community. Precautions will be taken to avoid or eliminate hazards that could occur in the process of implementing project activities. Below is a list of actions that will be taken to mitigate risks of the Bozeman Safe Routes to School Project: • Bicycle Rodeos and other skill practice events will be implemented in controlled and safe environments void of motor vehicle traffic (playground or gated parking lot). • Walk audits will be performed before Walking School Bus route implementation. Physical hazards along potential routes will be identified so they can be addressed or avoided. These walk audits will also allow for an opportunity for City officials to identify potential infrastructure changes needed to increase safety near area schools. • Law enforcement will be engaged during Walk/Bike to School Day events to ensure driver compliance with traffic laws. • Safety vests, high-visibility equipment, and first aid kits will be utilized by adult leaders at all activities implemented outside the classroom. Area safety education campaigns will increase awareness of roadway and school zone safety issues so that all road users understand how to interact with each other, especially within proximity of schools. By reducing the number of cars near schools, and making sure they drive at slower speeds, SRTS programs make areas near schools safer for children. 53 Page | 17 The programs will educate children and build skills about traffic safety, and SRTS infrastructure upgrades help eliminate hazards for bicyclists and pedestrians. As a result, SRTS programming decreases the likelihood of an injury occurring in the first place. 54 Page | 18 Appendix 1: Parent Perception Survey Highlighted Results 55 1 2025 Safe Routes to School - Parent Perception Survey Highlighted Results (n=295) Q5 - How far does your child live from school? 262 Responses Don't know More than 2 miles 1 mile up to 2 miles 1/2 mile up to 1 mile 1/4 mile up to 1/2 mile Less than 1/4 mile Don't know [0%] More than 2 miles [30%] 1 mile up to 2 miles [27%] 1/2 mile up to 1 mile [19%] 1/4 mile up to 1/2 mile [10%] Less than 1/4 mile [14%] Q6 - On most days, how does your child arrive to school? 262 Responses Walk Bike School Bus Transit (Streamline Bus)Carpool (children from other families) Family vehicle (only children in your family)Other Less than 1/4 mile 1/4 mile up to 1/2 mile 1/2 mile up to 1 mile 1 mile up to 2 miles More than 2 miles 0%20%40%60%80%100% 78% 42% 18% 4% 4%6% 14% 17% 4% 4% 8% 17% 50% 67% 76% 74% 4% 56 2 Q11 - What issues affect your decision to NOT allow your child walk or bike to school WITHOUT an adult? (Data filtered by less than 1 mile) 107 Responses Safety of intersections and crossings Amount of traffic along route Speed of traffic along route Weather or climate Distance Sidewalks or pathways Crossing guards Adults to walk or bike with Time Violence or crime Child's before and after-school activities Convenience of driving 0 10 20 30 40 50 60 70 80 82 63 59 41 21 17 16 16 16 15 13 12 Q13_2 - Is walking or biking to/from school fun for your child? 237 Responses No [16%] Yes [84%] Q13_3 - Is walking or biking to/from school healthy for your child? 237 Responses No [6%] Yes [94%] 57 Page | 19 Appendix 2: Western Transportation Institute Letter of Support 58 March 31, 2025 Gallatin Valley MPO 7 East Beall Bozeman, MT 59715 Subject: Support for the Bozeman Safe Routes to School Project Dear Mr. Butts and TA Selection Committee, The Western Transportation Institute (WTI) at Montana State University is pleased to express strong support for the City of Bozeman’s funding proposal for the Bozeman Safe Routes to School (SRTS) Project. As an organization dedicated to advancing transportation safety and innovation, we recognize the vital role that safe, accessible, and multimodal transportation plays in fostering a connected and healthy community. Bozeman’s rapid growth has presented both opportunities and challenges, particularly in ensuring that students and families can travel safely to and from school. Increased traffic congestion near schools has contributed to safety concerns, leading to a reliance on personal vehicles and limiting the use of active transportation modes. The SRTS Project aims to reverse this trend by implementing proven strategies that encourage walking, biking, and shared transportation while fostering a culture of safety and mobility awareness. This initiative is particularly compelling because it incorporates a comprehensive approach that combines education, community engagement, and technological solutions. The planned activities, including skill-building programs, pedestrian and traffic safety education, and the implementation of shared commute technology—are aligned with best practices in transportation safety. Additionally, the presence of a dedicated program manager and school coordinators will ensure consistent and effective program delivery across Bozeman’s schools. As a nationally recognized research institute specializing in transportation systems and solutions, WTI values the opportunity to collaborate with the City of Bozeman, Bozeman Public Schools, and other stakeholders in implementing this project. The SRTS initiative complements ongoing efforts to promote sustainable transportation, reduce congestion, and improve safety, aligning with local and regional transportation planning priorities, including the City of Bozeman’s “SAFE” Transportation Plan and the 2017 Transportation Master Plan. We strongly support the City of Bozeman’s request for funding and believe that this investment will yield long-term benefits for the community. Thank you for your leadership in advancing transportation safety initiatives. Please feel free to reach out if further information or collaboration is needed. Sincerely, Kelvin Wang - Director Western Transportation Institute (WTI) 59 Page | 20 Appendix 3: School District 7 Letter of Support 60 61 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the Application to the Montana Department of Transportation for Transportation Alternatives Program Funding for the Flanders Mill Sidewalk Infill Project MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the Application to the Montana Department of Transportation for Transportation Alternatives Program Funding for the Flanders Mill Sidewalk Infill Project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:City Transportation and Engineering Staff are applying to the Montana Department of Transportation for Transportation Alternatives Program funding. The funding will be used to infill missing sidewalk along Flanders Mill Road adjacent to the sports park. The project includes sidewalk connections into the Sports Park as identified in the Sports Park Master Plan. The project also includes ADA curb ramps and crosswalks to connect across Flanders Mill Road and an enhanced crosswalk at Baxter Lane that includes a refuge island and Rectangular Rapid Flashing Beacons (RRFBs). The project will improve pedestrian safety and accessibility between the Sports Park, Gallatin High School, Chief Joseph Middle School, Meadowlark Elementary School, and the surrounding neighborhoods. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified. FISCAL EFFECTS:The proposed budget for the project is $751,935. The Transportation Alternatives Program funding requires a local match of 13.42% or $100,910. The funds for this match will come from STR20 Annual Multimodal Improvements. Attachments: 62 2025 TA_City of Bozeman_Flanders Mill Sidewalk Infill.pdf Report compiled on: April 9, 2025 63 GALLATIN VALLEY METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION ALTERNATIVES (TA) PROGRAM APPLICATION Fill in all of the following sections and do not leave any blank. Select one of the following: Local project administration Request MDT administration (not guaranteed) Entities administering an urban area or with prior experience managing Federal-Aid projects must locally administer the project. Sponsors without prior experience managing Federal-Aid projects or no internal engineering staf may request project administration from MDT. 1. Project Name: 2. Project Sponsor: 3. Project Sponsor Contact Information: Name: Title: Address: City: State: Zip Code: Email: Phone: 4. Cost Table: Total Cost TA Federal Share (100% or 86.58%) Match (N/A or 13.42%) Additional Contributions Preliminary Engineering (PE) Construction (CN) Construction Engineering (CE) Right-of-Way (RW) Incidental Construction (IC) Subtotal IDC (10.71% SFY25) Grand Total Match Type: State Match: Local Match: Additional Contribution: Estimated Project Sponsor Cost: 1 of 4 64 5. Project Description: (10 points) 6. Will the project be fully ADA compliant? Yes No (explain below) Explanation of technical infeasibility if not fully ADA complant: 7. Describe the operation and maintenance plan for the facility: 2 of 4 65 8. Describe the project benefts: (45 points) 3 of 4 66 9. Describe an analysis of the risks: (45 points). 4 of 4 67 68 69 70 71 72 21BOZEMANSPORTSPARKMASTERSITEPLANBOZEMAN,MONTANAMASTERPLANRENDERINGG04 73 Description Unit Est. Quantity Unit Price Total Price Taxes, Bonding & Insurance LS 1 20,495.19$ 20,495.19$ Mobilization LS 1 40,990.37$ 40,990.37$ Construction Traffic Control LS 1 8,198.07$ 8,198.07$ SWPPP LS 1 6,000.00$ 6,000.00$ Embankment CY 30 50.00$ 1,481.48$ Excavation Above Subgrade CY 876 32.00$ 28,017.78$ Geotextile Fabric SY 290 3.50$ 1,015.00$ 1.5" Minus Crushed Base Course CY 438 61.00$ 26,704.44$ 6" Concrete Sidewalk SF 17730 14.75$ 261,517.50$ Accessibility Ramp (Includes Base Course Gravel)SF 90 22.50$ 2,025.00$ Truncated Domes SF 25 65.00$ 1,625.00$ 42" culvert LF 72 400.00$ 28,800.00$ FETS EA 8 2,000.00$ 16,000.00$ 6" Thick Concrete Sidewalk & Pedestrian Ramp S.F.365 15.00$ 5,467.50$ 3" Thick Concrete Cap S.F.219 10.00$ 2,185.00$ Intregral Concrete Curb and Gutter L.F.31 55.00$ 1,705.00$ Pin Down Curb L.F.86 40.00$ 3,440.00$ Detectable Warning Surface S.F.60 52.00$ 3,120.00$ Yelllow Curb Top and Face Epoxy Paint GAL.7 250.00$ 1,750.00$ Striping - 24" White Epoxy GAL.2 250.00$ 500.00$ White Sharks Teeth (Yield Symbol) - Epoxy EA.8 150.00$ 1,200.00$ 2" Square Metal Posts L.F.20 45.00$ 900.00$ Aluminum Signs S.F.16.5 40.00$ 660.00$ Delineator EA.10 150.00$ 1,500.00$ Demo Existing Concrete S.F.148 4.50$ 666.00$ Demo Existing Asphalt S.F.96 6.50$ 624.00$ RRFB L.S.1 13,000.00$ 13,000.00$ Site Restoration L.S.1 1,000.00$ 1,000.00$ Irrigation Repair LS 1 5,000.00$ 5,000.00$ Bid Items TOTAL 485,587.33$ Bid Items 485,587.33$ 15% Contingency 72,838.10$ Construction Subtotal 558,425.43$ 2 years 4% Inflation 44,674.03$ Federal Share Construction Total (CN) 603,099$ 522,164$ 80,936$ 10% PE 60,310$ 52,216$ 8,094$ 2% CE 12,062$ 10,443$ 1,619$ Subtotal 675,471$ 584,823$ 90,648$ MDT IDC (11.32%)76,463$ 66,202$ 10,261$ Project Total 751,935$ 651,025$ 100,910$ Appendix C: Detailed Budget Flanders Mill Rd Sidewalk Baxter Crossing Overall items Sidewalk 13.42 % Local Match 74 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the Application to the Montana Department of Transportation for Transportation Alternatives Program Funding for the ADA Upgrades and Pedestrian Crossing Safety Improvements Project MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the Application to the Montana Department of Transportation for Transportation Alternatives Program Funding for the ADA Upgrades and Pedestrian Crossing Safety Improvements Project STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:City Transportation and Engineering Staff are applying to the Montana Department of Transportation for Transportation Alternatives Program funding. The funding will be used to make improvements at a number of locations around the city. The proposed project includes upgrading sidewalks and curb ramps to comply with the Americans with Disabilities Act (ADA), installing ADA compliant facilities at existing Streamline stops, and installing enhanced safety elements at crosswalks on arterial and collector streets. Project locations focus on connectivity and access to parks and schools. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified. FISCAL EFFECTS:The proposed budget for the project is $789,674. The Transportation Alternatives Program funding requires a local match of 13.42% or $105,974. The funds for this match will come from STR20 Annual Multimodal Improvements. Attachments: 2025 TA_City of Bozeman_ADA Upgrades and Pedestrian Crossing Safety Improvements.pdf 75 Report compiled on: April 9, 2025 76 GALLATIN VALLEY METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION ALTERNATIVES (TA) PROGRAM APPLICATION Fill in all of the following sections and do not leave any blank. Select one of the following: Local project administration Request MDT administration (not guaranteed) Entities administering an urban area or with prior experience managing Federal-Aid projects must locally administer the project. Sponsors without prior experience managing Federal-Aid projects or no internal engineering staf may request project administration from MDT. 1. Project Name: 2. Project Sponsor: 3. Project Sponsor Contact Information: Name: Title: Address: City: State: Zip Code: Email: Phone: 4. Cost Table: Total Cost TA Federal Share (100% or 86.58%) Match (N/A or 13.42%) Additional Contributions Preliminary Engineering (PE) Construction (CN) Construction Engineering (CE) Right-of-Way (RW) Incidental Construction (IC) Subtotal IDC (10.71% SFY25) Grand Total Match Type: State Match: Local Match: Additional Contribution: Estimated Project Sponsor Cost: 1 of 4 77 5. Project Description: (10 points) 6. Will the project be fully ADA compliant? Yes No (explain below) Explanation of technical infeasibility if not fully ADA complant: 7. Describe the operation and maintenance plan for the facility: 2 of 4 78 8. Describe the project benefts: (45 points) 3 of 4 79 9. Describe an analysis of the risks: (45 points). 4 of 4 80 81 82 83 84 85 86 87 88 Transportation Alternative Application ADA Upgrades and Pedestrian Crossing Safety Improvements Appendix B – Application Narrative 5. Project Description Proposed ADA improvements will design and construct accessible curb ramps and transit stops at the six (6) locaƟons idenƟfied below. See Appendix A for locaƟon and general concept informaƟon. 1. South Grand Avenue and West Olive Street – Remove exisƟng non-compliant curb ramps on all corners of the intersecƟon and replace with fully ADA compliant ramps. Replace any adjacent sidewalk required to ensure ADA compliance. 2. North Grand Avenue and West Mendenhall Street – Remove exisƟng non-compliant curb ramps on all corners of the intersecƟon and replace with fully ADA compliant ramps. Replace any adjacent sidewalk required to ensure ADA compliance. 3. North 5th Avenue and West Mendenhall Street - Remove exisƟng non-compliant curb ramps on all corners of the intersecƟon and replace with fully ADA compliant ramps. Replace any adjacent sidewalk required to ensure ADA compliance. 4. Highland Boulevard and Ellis Street – Install ADA compliant transit stops, sidewalk connecƟons, curb ramps and crosswalk signing and markings at the two Streamline stops located adjacent to this intersecƟon. 5. South 23rd Avenue and West College Street – Install ADA compliant transit stops and sidewalk connecƟons at the two Streamline stops located adjacent to this intersecƟon. 6. Babcock St at Hunters Way - Remove exisƟng non-compliant curb ramps on all corners of the intersecƟon of Babcock and Hunters Way and Babcock and Silver Maple Drive. Replace with fully ADA compliant ramps. Replace any adjacent sidewalk required to ensure ADA compliance. Install ADA compliant transit stop east of Silver Maple Dr. Proposed Pedestrian Crossing Safety improvements will design and construct enhanced crossings at the three (3) locaƟons idenƟfied below. See Appendix A for locaƟon and general concept informaƟon. 1. CoƩonwood Road and Annie Street: The project proposes to install a Pedestrian Hybrid Beacon (PHB) on CoƩonwood Road at the Annie Street intersecƟon along with associated ADA improvements. This intersecƟon is located adjacent to the GallaƟn High School and is on a walking/biking route to Meadowlark Elementary. CoƩonwood Road is an arterial street with a crossing distance of 95 feet. Poor vehicle yielding compliance at this intersecƟon has been reported by many residents. 2. Baxter Lane and Vaquero Parkway: The project proposes to install a pedestrian refuge island, a Rectangular Rapid Flash Beacon (RRFB), and sidewalk to the adjacent Regional Park. Baxter Lane is an arterial street with a posted speed limit of 30 mph and a crossing distance or 48 feet. The city oŌen receives complaints about vehicle speed and poor vehicle yielding compliance on Baxter Lane. 89 Transportation Alternative Application ADA Upgrades and Pedestrian Crossing Safety Improvements Appendix B – Application Narrative 3. Durston Road and North 22nd Avenue: The project proposes to install a pedestrian refuge island, a Rectangular Rapid Flashing Beacon (RRFB), and accessible transit stops. Durston Road is a collector street with a posted speed limit of 30 mph and a crossing distance of 48 feet. Emily Dickinson Elementary is one quarter of a mile north of this intersecƟon and Beall Park, is south of this crossing. The exisƟng Streamline stops adjacent to this intersecƟon are not accessible. 7. Describe the operation and maintenance plan for the facility. OperaƟon and maintenance of the proposed ADA improvements will follow City ordinance that assigns responsibility for maintenance of sidewalks and related faciliƟes (such as ADA ramps) to the adjacent property owner including when said own is the City. If the responsible property owner is not performing the maintenance, the City hires contractors to take care of the maintenance and then charges the property owner for the incurred costs. All pedestrian signal improvements will be operated and maintained by the city of Bozeman’s Signs and Signals Division. The City of Bozeman and the Human Resource Development Council (HRDC) have an MOU for transit shelters that assigns responsibility for maintenance to HRDC. 8. Describe the project benefits. Proposed ADA improvements to curb ramps and transit stops provide significant benefit not only for those with disabiliƟes but through more convenient and safer faciliƟes for all members of our community. The locaƟons of the curb ramp projects are adjacent to recent pavement preservaƟon projects. The Olive Street mill and overlay project was undertaken to miƟgate severe pavement degradaƟon. The Mendenhall Street mill and overlay was accomplished as part of a sewer project. Typically, when the city conducts pavement preservaƟon projects such as these, ADA improvements are included in the project. Because of the nature of these projects, the ADA improvements were not included. This proposed project will provide for these criƟcal upgrades. The transit stop improvements will install ADA compliant faciliƟes at exisƟng Streamline stops that are not ADA compliant. The locaƟons were selected in partnership with Streamline. They were selected from their list of priority ADA improvements and from comments from the public related to accessible stop locaƟons. The proposed improvements provide increased access to the free, local transit service for residents of all ages and abiliƟes. Proposed Pedestrian Crossing Safety improvements will benefit pedestrian safety at major street crossings adjacent to parks and schools. Both the 2023 Parks RecreaƟon and AcƟve TransportaƟon (PRAT) Plan and the 2024 Bicycle and Pedestrian Gap Analysis Project idenƟfied pedestrian crossings of arterial streets as criƟcal safety needs and gaps in Bozeman’s mulƟmodal network. In a recent Safe 90 Transportation Alternative Application ADA Upgrades and Pedestrian Crossing Safety Improvements Appendix B – Application Narrative Routes to School parent survey, these intersecƟons were menƟoned as "concerning" to parents and idenƟfied as a main reason that they would not let their children walk or bike to school, while living relaƟvely close to the school itself. During two meeƟngs where the TransportaƟon Board discussed potenƟal projects for TransportaƟon AlternaƟves applicaƟons, there was strong support from the board to address crossing safety and to focus on parks and schools. A key aspect to the Safe Systems approach is providing separaƟon of people walking and biking from motor vehicles. This separaƟon can be physical separaƟon or temporal separaƟon. The project proposes to uƟlize refuge islands to provide physical separaƟon and either Pedestrian Hybrid Beacons (PHBs) or Rectangular Rapid Flashing Beacons (RRFBs) to provide the temporal separaƟon. The proposed project includes criƟcal accessibility improvements both at the intersecƟons and adjacent transit stops. Providing connected and accessible intersecƟons improves safety and opportunity for all users. CoƩonwood Road and Annie Street: The project proposes to install a Pedestrian Hybrid Beacon (PHB) on CoƩonwood Road adjacent to the GallaƟn High School. CoƩonwood Road is an arterial street with high volumes, especially at arrival and departure Ɵmes for the schools. Annie St is an idenƟfied City of Bozeman bicycle route. While the intersecƟon is within a posted school zone, the underlying speed limit on CoƩonwood Rd is 35 mph and observed vehicles speeds are in line with that underlying speed limit. Despite the installaƟon of an RRFB, poor vehicle yielding compliance is sƟll reported by many residents. A PHB is a regulatory device that uƟlizes a red signal that requires vehicles to stop. AddiƟonally, PHBs are overhead devices that provide vastly increased visibility for streets like CoƩonwood. Baxter Lane and Vaquero Parkway: The project proposes to install a pedestrian refuge island, a Rectangular Rapid Flash Beacon (RRFB), and infill sidewalk to connect to the Regional Park. The area north of Baxter Lane includes a growing commercial node, offering restaurants, fitness faciliƟes, and office space. This crossing is on an Anchor Route idenƟfied in the 2023 Parks RecreaƟon and AcƟve TransportaƟon Plan. Safety and accessibility improvements at this intersecƟon will improve connecƟvity from the residenƟal and mixed-use neighborhoods to the north to the large regional park south of Baxter Lane. This crossing also serves families accessing Chief Joseph Middle School to the north. Durston Road and North 22nd Avenue: The project proposes to install a pedestrian refuge island, a Rectangular Rapid Flashing Beacon (RRFB), and accessible transit stops for the Streamline bus service. Durston Road has only two controlled intersecƟons over the nearly 3 miles from South 19th Avenue to the west edge of town. This uninterrupted nature coupled with the wide street secƟon leads to a propensity for vehicle speeds to exceed the posted speed limit. The addiƟon of a refuge island will provide physical separaƟon while also encouraging slower vehicle speeds. The addiƟon of the RRFB will add visibility to this crossing locaƟon. 91 Transportation Alternative Application ADA Upgrades and Pedestrian Crossing Safety Improvements Appendix B – Application Narrative 9. Describe an analysis of the risks. AcquisiƟon of right of way is oŌen a significant risk for projects. All proposed ADA improvements and Pedestrian Safety Crossing improvements are anƟcipated to fall within exisƟng right-of-way and all are located on city owned and maintained routes. Another significant risk to projects is conflict with uƟliƟes. There are both private and city uƟliƟes in the project areas and it is possible that some of these uƟliƟes may be impacted. However, refuge island, sidewalk and ramp construcƟon will primarily occur above exisƟng uƟliƟes reducing the potenƟal conflicts. The final locaƟon of the sidewalks, ramps, and signs can be adjusted to further miƟgate conflicts. The budget includes an item to repair any irrigaƟon systems that are disturbed. The largest potenƟal conflict is the installaƟon of the PHB at CoƩonwood Road. PHBs require deep foundaƟon elements. As can be seen in several photos, there are uƟliƟes in the area these foundaƟons will need to be located. While the foundaƟons are deep, they have a small footprint. Adjustments to the locaƟon during the design will avoid conflicts whenever possible. The budget includes conƟngencies that will cover any incidental uƟlity relocaƟon. Environmentally sensiƟve areas are an addiƟonal risk to projects. There are no none wetlands or other environmentally sensiƟve areas within the vicinity of the improvement areas. A final risk each project must consider is budgetary. The cost esƟmate for this project was licensed, professional city engineering staff and is based on prices from several recently bid City of Bozeman projects that included sidewalks. Prices were adjusted to account for inflaƟon. The budget includes 15 % conƟngency and 11.32% MDT IDC costs. The City of Bozeman intends to design much of this project with city staff and will not seek reimbursement for those costs. Preliminary engineering costs were esƟmated at 8% to cover consultant costs for survey, environmental services, and design of the PHB. ConstrucƟon engineering costs were esƟmated at 1% to cover construcƟon survey and materials tesƟng. These numbers are based on recent contracts for these services. UƟlity Costs (IC) were not included in the budget as no significant uƟlity impacts are anƟcipated. Right of Way costs were not included in the budget as no right of way acquisiƟon is required. A detailed budget is included in Appendix C. The City of Bozeman will provide the esƟmated local match. The city Capital Improvement Plan FY 2026-2030 includes and annual mulƟmodal allocaƟon of $150,000. These funds will be used for the local match. It is acknowledged that the matching funds are subject to MDT’s IDC rate which can vary. For FY 2025 that rate is 11.32% It is acknowledged that the local match must be a cash match. It is also acknowledged that the local match is dependent upon final bid costs and could be higher than is esƟmated in the budget. The City of Bozeman is prepared to fund potenƟal increases. 92 Baxter Lane at Vaquero Pkwy 72,043.59$ See Detail Estimate Durston Road at N 22nd Ave 47,604.48$ See Detail Estimate Cottonwood and Annie St PHB 280,000.00$ Crossings Total 399,648.06$ Mendenhall & Olive ADA 100,000.00$ Estimate from city projects Ellis St @ Highland 10' x 10' ~ 6" concrete pad SF 100 14.75$ 1,475.00$ Accessibility Ramp (Includes Base Course Gravel)SF 60 22.50$ 1,350.00$ Crosswalk - markings and signs EA 1 4,760.00$ 4,760.00$ from Crossings estimate Highland @ Ellis St 10' x 10' ~ 6" concrete pad SF 100 14.75$ 1,475.00$ 6" Concrete Sidewalk ~ 6' x 70' SF 350 14.75$ 5,162.50$ Babcock @ Hunters 5' x 15' ~ 6" concrete pad SF 75 14.75$ 1,106.25$ Accessibility Ramp (Includes Base Course Gravel)SF 250 22.50$ 5,625.00$ College St @ 23rd Ave 10' x 10' ~ 6" concrete pad SF 100 14.75$ 1,475.00$ 6" Concrete Sidewalk ~ 5' x 26' SF 130 14.75$ 1,917.50$ Bid Items TOTAL 124,346.25$ Bid Items 523,994.31$ 15% Contingency 78,599.15$ Construction Subtotal 602,593.46$ 2 years 4% Inflation 48,207.48$ Federal Share 13.42 % Local Match Construction Total (CN) 650,801$ 563,463$ 87,337$ 8% PE 52,064$ 45,077$ 6,987$ 1% CE 6,508$ 5,635$ 873$ Subtotal 709,373$ 614,175$ 95,198$ MDT IDC (11.32%)80,301$ 69,525$ 10,776$ Project Total 789,674$ 683,700$ 105,974$ Appendix C: Detailed Budget Pedestrian Crossing Safety Improvements Estimate based on previous PHB project ADA Upgrades and Pedestrian Crossing Safety Improvements ADA Upgrades 93 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize City Commission to Approve Grant Application to the Gallatin County Open Space Levy Grant Program for the Story Mill Community Park Splash Pad Project MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize City Commission to Approve Grant Application to the Gallatin County Open Space Levy Grant Program for the Story Mill Community Park Splash Pad Project. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Gallatin County Open Space Levy grant program is open to entities in Gallatin County that propose projects related to provision of recreation, protection of water quality of streams and rivers, management of growth, or protection of wildlife areas. The projects must be related to land acquisition, capital improvements, and maintenance projects that support the purpose of the Open Space Levy program. The Parks and Recreation Department has submitted an application that aligns well with the purpose and intent of the program for the Story Mill Community Park Splash Pad project. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Total expenditures are expected to be $1,200,000 for the entire Splash Pad project. Expenditures will be made in the Parks & Recreation Fund and may require a future budget amendment. If awarded, the Open Space Levy grant will cover $100,000 of the installation/construction cost of the Splash Pad project. Attachments: Application.pdf 94 Report compiled on: April 4, 2025 95 Page 5 of 6 Application for Gallatin County Open Space Levy Funding “Other Eligible Projects” Category 1.Project Name: 2.Please provide a brief description of your project: 3.Budget Information: Amount of Funding Requested: Total Project Cost: Amount of funding sought/secured from other sources: Funding from other sources as percentage of total project cost: Do you anticipate requesting future funds to complete project: 4.Applicant Contact Information: Name: Phone: Email: Mailing Address: 96 Page 6 of 6 5.Property Owner Contact Information: Name: Phone: Email: Mailing Address: If multiple property owners attach contact information on separate sheet. On Separate Sheet(s) Provide the Following: 6.Narrative addressing evaluation criteria (see pages 3 and 4 of application packet for additional information). 7.Describe proposed timeline for project and any work already completed on the project. 8.Describe anticipated maintenance requirements for the project along with an explanation of who will be responsible for maintenance and maintenance costs. 9.Please attach any supporting documents, maps, pictures, letters of support, etc. that may be useful in the initial evaluation of your proposal. 10.Provide 15 copies of your completed application and supporting documentation and one digital copy to the Gallatin County Department of Planning and Community Development, 311 W. Main St., Room 108, Bozeman MT, 59715 by 5:00 p.m., March 21, 2025. I hereby certify that the information on and attached to this application is true and correct, and by signing below I authorize County Staff and Open Lands Board Members to access the project site as necessary to evaluate this application. Applicant’s Signature Date Property Owner’s Signature (If different than Applicant) Date 3.19.2025 Docusign Envelope ID: A9282011-2F87-47A1-9422-6C0E66F60FAA 406-582-3222 Mitch Overton, Director of Parks and Recreation 3/21/2025 see above moverton@bozeman.net 97 6.1 The extent to which the proposed project supports the overall purpose and intent of the Gallatin County Open Space Levy. This project supports the purpose and intent of the Gallatin County Open Space Levy buy supporting the provision of recreation, and protection of water quality of streams and rivers. The National Parks and Recreation Association states that splash pads have become one of the most popular methods of encouraging physical activity, as well as other benefits. Beyond being a recreational space for families, splash pads provide children with cognitive and sensory play opportunities. The project design contributes to the sensory experience by bringing children into a world of imaginary nature play in a streamside setting with its cattails, reeds, logs, rocks and dragon-fly sprayers. Other design features include the Cannery District-like water tower and the windmill that nod to our valley’s agricultural production. These themes are evident in the larger Story Mill Community Park and are also celebrated and supported by the County Open Lands Program. The nature theme design can also be used to encourage park guests to cool off in the splash pad rather than the nearby East Gallatin River, particularly when water levels can be low during hot summer months. 6.2 The degree to which the proposed project results in a tangible and compelling public benefit, either to publicly accessible land or to a public resource (e.g. water quality, wildlife, etc.). A splash pad offers a relatively lower cost option for young and future swimmers to be introduced to water play and safety. Primarily designed for toddlers up to 12-year-olds, this feature fills an important need for new parents and other caregivers with tactile, auditory, and cause-and-effect experiences that can be the foundation for enjoyment of our wider resources later in life. As described in Trust for Public Land’s support letter, the health benefits of active recreation have profound impacts. We know the “busy beavers” playing alongside their caregivers and friends will remember these positive experiences well into the future. In addition, as the valley’s population grows, adding in a popular recreational draw closer to home will cut down on transportation costs and lessen the burden on our neighbors in Belgrade or other communities. 6.3 Degree to which the investment of public dollars in the proposed project will provide a lasting impact. The lifespan of a well-cared for splash pad is 20 years. With the thousands of visitors to Story Mill Community Park each year, the lasting benefit for County residents and their visitors will be immeasurable. Each of the sprayers are individually mounted which will ensure that the splash pad stays open well beyond 20 years with incremental replacement. Additionally, the equipment is purchased from a highly reputable playground company with in-house 98 designers and support staff to ensure that the City is getting trained in proper operation of high-quality equipment. The County’s investment of $100,000 of public dollars is less than 10% of the project cost which leverages the impact of the Open Space funding significantly and continues to demonstrate the partnership between the City of Bozeman and the County in meeting the needs of our rapidly developing area. The $100,000 requested will help install a perimeter fence to mitigate for misuse, keep out dogs, and close the facility when chemical levels or hygiene protocols are not met. Splash pads in more regulated settings can stay open for more of their season ensuring the full public benefit. 6.4 Degree to which the proposed project supports community objectives as established in documents adopted by the community. In the 2023 City of Bozeman Comprehensive Parks, Recreation and Active Transportation Plan (PRAT Plan), splash pads were rated in the top 10 priorities for recreation facilities by the community in addition to “water access for recreation” and pools—both indoor and out. Although the same plan shows that splash pads are in low demand, that is because peer cities used in the plan’s comparisons don’t provide this feature. According to the National Parks and Recreation Association, splash pads are not as prevalent in the west; however, several Montana communities have them including Belgrade, Conrad, Missoula, and Great Falls. Our hot summers demand a place to cool down and we are excited that Bozeman will now provide the same barrier-free feature. 6.5 Degree to which the investment of the Open Space Levy funding is leveraged with funding from other sources. This request of $100,000 falls within the highest scoring tier of the Open Space program’s leveraging category. The City and Trust for Public Land continue a partnership of investment in Story Mill Community Park and the County’s contribution would demonstrate the cross- jurisdictional cooperation that is expected from Gallatin County residents. 7. Proposed Timeline and Work Completed: The City opened bids for the splash pad on March 19, 2025. Having received 3 bids within a close range from reputable firms, we plan to move forward with contracting within the next few weeks. Initial conversations lead us to expect construction would commence in May and be completed in time to allow 2 months of use in the summer of 2025. The perimeter fence would be installed as a change order with the selected general contractor toward the end of the construction period. 99 8.Anticipated Maintenance and Responsibility: To prepare for the influx in park visits due to this feature, the City of Bozeman is building adequate supporting infrastructure and preparing for the long-term maintenance needed to ensure that the splash pad and the larger park remain in good working order for many years to come. To ensure that we don’t cause undue impact to nearby neighborhoods and businesses, we will concurrently construct a 100-car parking lot at Story Mill Park. We are providing specific training for the Parks maintenance crew while investing in remote monitoring and operation equipment to keep the splash pad open for more hours of the day at lower staff cost. 9.Supplemental Documents Attached: •Splash Pad 3-D renderings •Aquatix spray feature details •Story Mill Park splash pad site plan •Trust for Public Land letter of support 100 101 ©2023 Aquatix by Landscape Structures. All Rights Reserved Story Mill Park Design# 1180440-01-04 04/18/2024 102 ©2023 Aquatix by Landscape Structures. All Rights Reserved Story Mill Park Design# 1180440-01-04 04/18/2024 103 ©2023 Aquatix by Landscape Structures. All Rights Reserved Story Mill Park Design# 1180440-01-04 04/18/2024 Tot Zone Family Zone Dynamic Zone 104 105 Product Specs Material Options Stainless Steel Dimensions 10'6" x 4'3" (3,23 m x 1,31 m) Splash Zone 15' 0" Dia. (4,57 m Dia.) Standard Flow Rate 5 GPM 18.93 LPM PSI 5 Product Overview Colorful acrylic panels create beautiful butterfly wings on this themed structure. The two continuous water streams gracefully form the antennae of the butterfly while cooling off kids standing below. Aquatix® by Landscape Structures | 952.455.5135 | 877.632.0503 | aquatix.playlsi.com | © 2019 Custom & Themes AquaFlier 106 Product Specs Material Options GFRC Dimensions 3' 0" x 12' 8" x 1' 2" (0,91 m x 3,86 m x 0,35 m) Splash Zone 14' 8" x 3' 0" (4,47m x 0,91 m) Standard Flow Rate 10 GPM 37,85 LPM PSI 4 Product Overview Teach visitors to the splash pad about cause- and-effect with the nature-inspired AquaLogs. This interactive water feature is perfect for kids of all ages and abilities. As water flows down into each log, kids can use the lever in each one to close off the flow and watch the water fill up and spill over the side. And when they open the flow up again, they’ll watch how the water changes. This glass fiber reinforced concrete (GFRC) structure is ADA accessible. Note: This product requires longer lead time. Signature AquaLogs Aquatix® by Landscape Structures | 952.455.5135 | 877.632.0503 | aquatix.playlsi.com | © 2021 107 Product Specs Material Options Stainless Steel Dimensions 14' 0" x 5' 11" (4,27 m x 1,56 m) Splash Zone 15' 0" x 12' 0" (4,57 m x 3,66 m) Standard Flow Rate 15 to 25 GPM 56.78 to 94.63 LPM PSI 7 Product Overview The Water Wind Mill is a themed structure with wind mill attachments and emits a water jewel nozzle effects from three (3) armatures onto users below. Custom & Themes Water Wind Mill Aquatix® by Landscape Structures | 952.455.5135 | 877.632.0503 | aquatix.playlsi.com | © 2023 108 Product Specs Material Options Stainless Steel Dimensions 3' 0" x 1'0" (3,05 m x 0,30 m) Splash Zone na Standard Flow Rate na PSI na Product Overview Get the water play fun started with the Aquavator! When kids touch the splash graphic a signal activates all of the splash pad features, or designed zoned areas. A touch button within the face of the activation bollard safely encapsulates a low voltage sensor. Mechanical Activation Devices Aquavator Aquatix® by Landscape Structures | 952.455.5135 | 877.632.0503 | aquatix.playlsi.com | © 2022 109 DESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:C2.0 EX CONDREV DATE REVISION STORY MILL COMMUNITY PARK SPLASH PAD BOZEMAN, MT EXISTING CONDITIONS TRB-LRJ3/7/2025B24-069SHEETC2.0BID SET.DWGEngineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.comSplash PadStory Mill Community CenterLabrynthPlayground110 111 1007 E Main Street, STE 300 Bozeman, Montana 59715 t: 406.522.7450 tpl.org March 21, 2025 To whom it may concern: Trust for Public Land supports the City of Bozeman’s application for $100,000 toward the Story Mill Community Park Splash Pad as an investment in the health and enjoyment of our youngest park visitors. Active recreation in parks provides a low-cost reduction in numerous diseases and impresses healthy habits at young ages, which can lead to a lifetime of cost-savings and improved quality of life. The splash pad won’t require an admission fee and is designed for full accessibility to be enjoyed by people of all ages and abilities. During extensive public engagement, which informed the design and funding of Story Mill Community Park, we learned that Bozeman residents hold strong interest in this feature. Trust for Public Land and the City of Bozeman held workshops, public meetings, and community tours; we enlisted nearby neighborhood residents to participate in the marketing campaign, and we were happy to open the park before the pandemic so that those same neighbors, and all of Bozeman, could find respite from lockdowns in the outdoors, in an ever faster-growing community. Trust for Public Land is proud to contribute 14% of the project cost to demonstrate our ongoing commitment to this park and the community – a community that continues to show up in support of parks, recreation, and conservation through voter-approved bonds and mill levies in the City and County, through Bozeman’s district-wide funding measure, and with private donations. With Gallatin County as a third partner for the splash pad, Trust for Public Land’s efforts are leveraged and bolstered at myriad levels: the Bozeman community, the Bozeman Parks and Trails District, the City of Bozeman (and its capital and staff investment), and Gallatin County. Thank you for your consideration, David Weinstein Associate Vice President, Northern Rockies Director Trust for Public Land 112 Gallatin County Open Lands Program Department of Planning & Community Development • 311 W. Main, Rm. 108 • Bozeman, MT 59715 Phone (406) 582-3130 • Fax (406) 582-3135 • planning@gallatin.mt.gov MEMO TO: Open Lands Board FROM: Sean O’Callaghan, Open Lands Coordinator RE: Summary of FY-25 “Other Eligible Project” Applications - Updated MEETING DATE: March 31, 2024, 6:00 PM Community Room, Gallatin County Courthouse 1. Background. For Fiscal Year 2025, the Gallatin County Commission allocated 25% of available Open Space Levy money, or $1,094,198 for the “Other Eligible Projects” category in the form of grants through the Open Lands Program. Projects in this category must be related to land acquisition, capital improvements, and maintenance projects that support the purpose of the Gallatin County Open Space levy. Applicants must demonstrate how a proposed project is related to the provision of recreation, protection of water quality of streams and rivers, management of growth, or protection of wildlife areas. 2. Summary of Applications. Notice of the application cycle was provided and the deadline for submittal of applications was close of business on March 21, 2025. We received twenty applications shown in the below table during the application window. Together these applications seek a total of $1,545,636 in funding. The Open Lands Board meeting on March 31st will provide an opportunity for applicants to make a brief presentation (7 minutes or less for each project) to the Open Lands Board. Applicant Project Title $ Requested Total Project Cost % of Total Project Cost Big Sky Anglers Bob Jacklin Casting Pond $100,000 $400,000 25% Big Sky Owners Association Huntley-Kern Pond and West Fork Restoration Project $100,000 $1,744,604 5.7% Bridger Ski Foundation Community Trails Enhancement Project $100,000 $400,000 25% City of Belgrade Mayfair Meadows Bike Park, Phase 1 $100,000 $2,441,500 4.1% City of Bozeman Story Mill Community Park Splash Pad $100,000 $1,200,000 8.3% Downtown Bozeman Partnership I-Ho Pomeroy Peace Park $75,000 $550,000 13.6% 113 Gallatin County Planning Department Page 2 of 4 Department of Planning & Community Development • 311 W. Main, Rm. 108 • Bozeman, MT 59715 Phone (406) 582-3130 • Fax (406) 582-3135 • planning@gallatin.mt.gov Gallatin County Sypes Canyon Trailhead Improvements $76,808 $76,808 100% Gallatin County Emergency Management Fire Adapted Hyalite Youth Camp $24,000 $60,000 40% Gallatin River Task Force Hebgen River Access Restoration $100,000 $485,000 20.6% Gallatin Valley Land Trust Sunset Hills All Abilities Trail Enhancements $100,000 $199,328 50.2% Gallatin Watershed Council Camp Creek Restoration $80,000 $959,600 8.3% Grow Wild Land Stewardship & Conservation in the Upper Gallatin Watershed $34,100 $85,830 39.7% Headwaters Trail System Trail Surface and Pedestrian Bridge Maintenance $100,000 $249,525 40% HRDC Rest Home Connector Pathway $99,998 $137,540 72.7% Monforton School Foundation Monforton School Elementary Playground Restoration – Phase 2a $12,110 $24,510 49.4% Southwest Montana Mountain Bike Association/The Dirt Concern Bridger Bowl and Crosscut Trails Project, Phase 1 $100,000 $300,000 33.3% Spanish Meadows HOA Spanish Meadows’ HOA Community Trail $59,620 $81,420 73.2% Trout Unlimited Lower Mandeville Creek Restoration $90,000 $305,127 29.5% Valley Grove HOA Valley Grove Community Trail $69,000 $100,750 68.5% West Yellowstone Senior Center Pickleball Court Project $25,000 $39,806 62.8% 3. Eligibility Requirements. To be eligible for funding, projects must be located in Gallatin County and meet the following minimum requirements: • Projects are limited to land acquisition, capital improvements, and maintenance projects that support the purpose of the Gallatin County Open Space levy. Applicants must demonstrate how a proposed project is related to the provision of recreation, protection of water quality of streams and rivers, management of growth, or protection of wildlife areas. Conservation easements are not eligible for funding under this category. • Projects must provide a tangible and compelling public benefit or provide public access, preferably both. If not located on public land or land dedicated to public use, public access must be in the form of a long-term easement or land use license granting public access. • Projects must score a minimum average score of 60 points to be eligible for funding. • Applicants are limited to public agencies, non-profit organizations, and property owners’ associations. • Projects must be in compliance with the applicable jurisdiction’s planning documents (e.g. growth policy, neighborhood plan, zoning regulation, transportation plan, trails plan, etc.) 4. Evaluation Criteria. Applications are reviewed against the following criteria: 1. The extent to which the proposed project supports the overall purpose and intent of the Gallatin County Open Space Levy. 114 Gallatin County Planning Department Page 3 of 4 Department of Planning & Community Development • 311 W. Main, Rm. 108 • Bozeman, MT 59715 Phone (406) 582-3130 • Fax (406) 582-3135 • planning@gallatin.mt.gov Explanation: The purpose and intent of the Gallatin County Open Space Levy is to support the provision of recreation, water quality of streams and rivers, management of growth, or protection of wildlife areas. Projects that do a better job explaining how they support the overall purpose and intent of the Gallatin County Open Space Levy will be scored higher by Open Lands Board members than projects that don’t support the purpose and intent as well. 2. The degree to which the proposed project results in a tangible and compelling public benefit, either to publicly accessible land or to a public resource (e.g. water quality, wildlife, etc.). Explanation: Projects funded by the Open Space Levy are expected to provide a meaningful public benefit, either to publicly accessible land, or to a public resource. Projects that are perceived as resulting in the greatest public good will be viewed more favorably. Applications will be scored based on how well they can describe and communicate the projects public benefit relative to other applications in the same application cycle. 3. Degree to which the investment of public dollars in the proposed project will provide a lasting impact. Explanation: Open Space Levy funding is a limited resource, and Gallatin County wishes to see these dollars used in a manner that will provide a lasting benefit for County residents. Applicants are expected to describe the anticipated lifespan of a project and the lasting legacy that will be created through investment of public funding. As such, projects related to real estate acquisition or improvements thereon will generally score higher than requests to fund equipment. Use of equipment funded through this program must be narrowly restricted to purposes that support the program. 4. Degree to which the proposed project supports community objectives as established in documents adopted by the community (i.e. the extent to which the proposed project complies with the community’s adopted growth policy, neighborhood plan, zoning regulation, transportation plan, trails plan, etc.). Explanation: Communities establish goals, policies, and regulatory requirements through adoption of a variety of documents (e.g. growth policies, neighborhood plans, zoning regulations, transportation plans, parks and trails plans, capital improvement plans, etc.) Projects that can articulate how they support and comply with these community objectives will be scored higher by Open Lands Board members that projects that cannot. 5. Degree to which the investment of Open Space Levy funding is leveraged with funding from other sources. Explanation: Leveraging funds from this program with other sources of both public and private funds is important. Projects are scored based on the percentage of funding for the total cost of the project that comes from other funding sources. 115 Gallatin County Planning Department Page 4 of 4 Department of Planning & Community Development • 311 W. Main, Rm. 108 • Bozeman, MT 59715 Phone (406) 582-3130 • Fax (406) 582-3135 • planning@gallatin.mt.gov 5. Next Steps: • On your own - Following the March 31st meeting, and prior to scoring projects, Open Lands Board members and staff may visit project sites. To avoid ex parte concerns, OLB member communication with applicants for the purpose of site visits shall be limited to that necessary to obtain access to the project site. • By noon on April 14th - Open Lands Board members will submit their project scores to the Open Lands Coordinator who shall tabulate scores. Scores will be reported as the average score, calculated according to the total number of Open Lands Board members who submit scores. • April 14th – 6:00 p.m. County Courthouse Community Room (or via Zoom) – The purpose of this meeting is for the Board to review project scores and make recommendations to the County Commission on the award of funding. • April 29th – 9:00 a.m. Board members are welcome to tune into the County Commission meeting to see which projects the County Commission agrees to fund. As always, please feel free to reach out to me at 582-3130 or sean.ocallaghan@gallatin.mt.gov with any questions. Exhibit A: “Other Eligible Projects” application packet Exhibit B: Board Member Scoring Sheet 116 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize City Manager to Sign Notice of Award to Smith River Construction for Story Mill Community Park Splash Pad, and Final Documents Once Received MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign Notice of Award for Smith River Construction for Story Mill Community Park Splash Pad, and Final Documents Once Received STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:Story Mill Community Park Splash Pad was included in the original Park Master Plan. The splash pad was initially added to the City's Capital Improvements Plan in 2022, but delayed as partner agreements and a design process was pursued to create custom splash equipment. After an unsuccessful bidding process, the department and project partners at Trust for Public Land agreed to pursue a different design and the City has procured equipment to be installed in the spring and early summer of 2025. After a new, successful bidding process and at the recommendation of the project engineer (attached), the City aims to move forward with a construction contract for Smith River Construction following the project budget amendment scheduled for May 6, 2025. UNRESOLVED ISSUES:na ALTERNATIVES:Per Commission FISCAL EFFECTS:Budget Amendment for this project is scheduled for May 6, 2025. Attachments: NOTICE_OF_AWARD - Smith River Construction - Splash Pad.docx Splash Pad Recommendation to Award.pdf Splash Pad Bid Tabulation_2025.pdf 117 Report compiled on: April 3, 2025 118 NOTICE OF AWARD Dated: April 15, 2025 TO: Smith River Construction ADDRESS: 2109 Vaughn Road, Great Falls, MT 59404 PROJECT: Story Mill Community Park CONTRACT FOR: Story Mill Community Park Splash Pad Construction You are notified that your Bid opened on February 19, 2025, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Story Mill Community Park Splash Pad Construction. The Contract Price of your Contract is: Six hundred eighty-two thousand dollars ($682,000). You must comply with the following conditions precedent within fifteen (15) weekdays of the date of this Notice of Award, that is, by Tuesday, May 6, 2025. 1.You must deliver to the OWNER Two (2) fully executed counterparts of the Agreement including all the Contract Documents and Drawings and One (1) PDF of the same. 2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 12), and the General Conditions (paragraph 5.01). 3.List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC- 5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN ATTEST: BY: ______________________BY: _____________________ (CITY MANAGER)(CITY CLERK) DATE:_____________________________ 119 MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA 406.586.0277 tdhengineering.com 234 East Babcock Street Suite 3 Bozeman, MT 59715 April 3, 2025 Addi Jadin, Park Planning and Development Manager City of Bozeman Parks and Recreation Department P.O. Box 1230 Bozeman, MT 59771 RE: STORY MILL COMMUNITY PARK SPLASH PAD ENGINEER RECOMMENDATION TD&H ENGINEERING JOB NO. B24-069 Dear Addi, TD&H has tabulated the bids from contractors for the Story Mill Community Park Splash Pad. After an active and successful bidding period, overall, three contractors submitted bids on the splash pad work. All contractors submitted bids to the City of Bozeman on March 19, 2025. This letter acknowledges that the City has reviewed the bid costs and will proceed with budget appropriation and contracting. The low bid for this project came in as follows: $682,000.00 Smith River Construction LLC has confirmed that they are comfortable with their numbers to complete a successful project and their Work In Progress (WIP) shows they have the capacity to begin splash pad work this summer and complete the project for use during the 2025 season. Please let me know if you have any questions. Sincerely, Lincoln Jamrog, PE Project Manager TD&H ENGINEERING Attachments: 2025 Bid Tabulation 120 Story Mill Community Park Splash Pad (#9506969) Owner: Bozeman MT, City of Solicitor: Bozeman MT, City of Bid Tabulation For Bids Dated 03/19/2025 02:00 PM MDT Smith River Construction LLC BMY Construction Group Inc.Two Bear Construction Section TitleLine Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Base Bid 1 101 Mobilization L.S.1 $100,000.00 $100,000.00 $54,000.00 $54,000.00 $115,831.36 $115,831.36 2 102 Splash Pad Concrete Slab L.S.1 $115,000.00 $115,000.00 $198,310.00 $198,310.00 $162,156.35 $162,156.35 3 103 Splash Pad Equipment Installation L.S.1 $178,000.00 $178,000.00 $354,046.00 $354,046.00 $213,705.90 $213,705.90 4 104 Splash Pad Electrical Work L.S.1 $55,000.00 $55,000.00 $49,791.00 $49,791.00 $62,005.59 $62,005.59 5 105 Water Service Installation L.S.1 $92,000.00 $92,000.00 $13,188.00 $13,188.00 $49,919.40 $49,919.40 6 106 Sewer Service Installation L.S.1 $94,000.00 $94,000.00 $23,585.00 $23,585.00 $125,479.65 $125,479.65 7 107 Cleanup L.S.1 $38,000.00 $38,000.00 $6,890.00 $6,890.00 $39,998.39 $39,998.39 8 108 Miscellaneous LS 1 $10,000.00 $10,000.00 $1.00 $1.00 $0.00 $0.00 Base Bid Total:$682,000.00 $699,811.00 $769,096.64 121 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with DB Groundwater and Environmental LLC to provide third party technical assistance for the Municipal Groundwater Supply Project MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with DB Groundwater and Environmental LLC to provide third party technical assistance for the Municipal Groundwater Supply Project. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The attached professional services agreement (PSA) with DB Groundwater and Environmental LLC (DBG&E) provides for third party technical assistance for the City’s municipal groundwater project (the “project). Morrison Maierle is under contract as the City’s primary consultant for the project. DBG&E will provide technical review assistance and offer advice and recommendation to the City as Morrison Maierle’s work progresses. Many key internal decisions points will occur throughout the project as the City and its consultant experts develop and implement a test well drilling and aquifer testing program. To develop this program an advanced groundwater computational model will be built to identify suitable test well locations with favorable aquifer properties. Test wells will then be designed, and aquifer testing and surface water monitoring protocols will be prepared for each well. DBG&E will provide technical assistance throughout the course of this work. DBG&E is owned and operated by Dave Barnes. Mr. Barnes is a PhD civil engineering professor at Montana State University and a consultant with a focus on groundwater hydrology, modeling, remediation, and complex well design and troubleshooting. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The City is direct hiring DBG&E in conformance with state procurement law and City purchasing policy. The total cost of professional services rendered 122 will not exceed $50,000. The PSA sets the agreed fee at $25,000. A future amendment to increase the fee to an amount not greater than $50,000 may be needed. The FY26 biennial budget, and FY26-30 Commission-adopted capital improvement plan for the water impact fee fund, contains $1,622,400 for project ‘WIF33 – Test Well & Mitigation System Program’. An administrative budget amendment will occur to bring sufficient WIF33 funding forward into FY25 to cover the the PSA cost. The current water impact fee fund balance is adequate to support this budget amendment. Attachments: Final PSA - DBG&E Tech Asst_20250314.pdf Report compiled on: April 10, 2025 123 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2025, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and DB Groundwater and Environmental, LLC, with a mailing address of 2088 W. Arnold, Apt 308, Bozeman, MT 59718, hereinafter referred to as “Consultant”. The City and Consultant may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Consultant to perform for City professional services for the City of Bozeman Municipal Groundwater Supply Project (the “Project”). 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this Agreement, as determined by the City. 3. Scope of Services: Consultant will perform the work and provide the services in accordance with the Scope of Services attached hereto as Exhibit A and by reference made a part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to subconsultants, specialty contractors, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the Scope of Services a cost not-to-exceed the amount of $25,000. a. The actual cost amount paid shall be equal to the cumulative hours charged to the Project by the Consultant multiplied by the Consultant’s standard hourly rate indicated on Exhibit A for all services performed on the Project, plus Reimbursable Expenses (defined in Section 8 of this Agreement). 124 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 2 of 11 b. The standard hourly rate charged by Consultant constitute full and complete compensation for Consultant’s services, including labor costs, overhead, and profit; the standard hourly rate does not include Reimbursable Expenses. c. Consultant shall in no case exceed the cost not-to-exceed amount as set forth above. 5. Reimbursable Expenses: As defined in Section 8 of this Agreement, for completion of the Scope of Services and any approved Additional Services, Reimbursable Expenses shall be paid to the Consultant by the City in the actual amount of the expenses incurred per expenses documented by verifiable payment receipts. 6. Additional Services: The City may request Consultant to perform any Project-related Additional Services not otherwise provided for in this Agreement. If the City requests such Additional Services, it shall so instruct the Consultant in writing, and the Consultant shall perform such work necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a cost amount and basis of payment for any Additional Services prior to Consultant proceeding with such Additional Services. 7. Times of Payments: Consultant may submit monthly billing statements to the City. Billing amounts shall be based on the cumulative hours charged to each task of the Scope of Services during the billing period multiplied by the standard hourly rate, plus Reimbursable Expenses and any approved Additional Services rendered. 8. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. c. Reimbursable Expenses: Reimbursable Expenses mean the actual expenses incurred by the Consultant directly in connection with the Project such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project-related items. 9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: 125 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 3 of 11 a. Consultant has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Consultant represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill in accordance with the professional standard of care; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. Consultant shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Consultant specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Consultant shall take shall be left to the discretion of Consultant; provided, however, that Consultant shall bear all costs of any related legal action. Consultant shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Consultant shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring 126 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 4 of 11 in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Consultant or Consultant’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Consultant’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Consultant was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Consultant also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 127 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 5 of 11 These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Consultant shall at Consultant’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Consultant shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $1,000,000 annual aggregate. All of the policies and amounts above, except Professional Liability, shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. Consultant shall notify City within five (5) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 12. Termination for Consultant’s Fault: a. If Consultant refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. 128 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 6 of 11 c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Consultant (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Consultant. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Consultant shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 13.c is the sole compensation due to Consultant for its performance of this Agreement. Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Consultant wants to assert a claim for damages of any kind or nature, Consultant shall provide City with written notice of its claim, the facts and 129 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 7 of 11 circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Brian Heaston, P.E. or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Consultant may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be David Barnes, P.E or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 16. Permits: Consultant shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 17. Laws and Regulations: Consultant shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 130 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 8 of 11 18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Consultant represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of any of Consultant’s Consultants providing services under this Agreement. 19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Consultant acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 20. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both Parties hereto. Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any of Consultant’s assignees will be bound by all of the terms and conditions of this Agreement. 21. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant shall allow the City, its auditors, and other persons 131 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 9 of 11 authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 23. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 26. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 27. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 132 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 10 of 11 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 31. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 34. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re-perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law. 35. Ownership of Work Product: All of Consultant’s work products produced under this Agreement, including but not limited to electronic geohydrology modeling files, and electronic geospatial files, shall become the property of the City. Future use, reuse, alteration, or modification of the work products by the Consultant are only permissible with the prior written consent of the City. The grant or denial of such consent shall be at the City’s sole discretion. Any independent use, reuse, alteration, or modification of the work product by the City beyond the anticipated use of the work product set forth in the Scope of Services, will be at the City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, and employees. 36. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 133 Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 11 of 11 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Chuck Winn, Interim City Manager Print Name: _________________________ Print Title: __________________________ DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 134 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign an Amendment 3 with Morrison Maierle for the Sourdough Intake Improvements Project MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign Amendment No. 3 with Morrison Maierle for the Sourdough Intake Improvements Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of Amendment No. 3 with Morrison Maierle for the Sourdough Intake Improvements Project. The document is in the City’s standard format. The original professional services agreement and previous amendments were for the design phases of the project. The design has been completed. This amendment will add the bidding and construction phase services to the contract. The bidding and construction phases are paid on a time and materials basis, so only those hours needed to complete the project will be compensated. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:$48,950 from American Rescue Plan Act (ARPA) funds and $544,631 from the Water Fund. There is $2,550,120 budgeted in ARPA funds and $5,100,000 (W107) in the Water Fund for this project. To date, $468,500 has been paid for the design services and the project construction award amount was $4,477,000, leaving $2,704,625 uncommitted in the budget. This project is projected to be completed under budget. Attachments: Sourdough Construction PSA Amendment 3 V2.pdf Report compiled on: April 8, 2025 135 136 1 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR SOURDOUGH CREEK INTAKE IMPROVEMENTS MMI. No. 0417.095 THIS IS AN AGREEMENT made as of ____________________________, 20__, between THE CITY OF BOZEMAN, a Municipal Corporation, 2880 Technology Blvd West, Bozeman, Montana, 59718 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-1113 (ENGINEER). WHEREAS the parties previously entered into a Professional Services Agreement dated January 4, 2023, herein referred to as the Original Agreement, for professional engineering services for the Sourdough Creek Intake Improvements project; and WHEREAS, the scope of the Original Agreement was amended by Amendment No. 1 dated June 6, 2023 to include grant support services for the Project; and WHEREAS, the scope of the Original Agreement was amended by Amendment No. 2 dated May 7, 2024 to include preliminary and final design services for the Project; and WHEREAS, the parties desire to amend the Agreement to include construction engineering services for the Project. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Article 1 - Engineering Services Section 1.5 is added to the Original Agreement as follows: 1.5 Construction Phase – The scope of services under this amendment is set forth in this Agreement and the attached Exhibit C-2 “Preliminary and Final Design Scope of Services.” The fee for this work is detailed in Exhibit D-2 “Fee Estimate – Preliminary and Final Design.” 1.6 Exhibits – Exhibit A – Engineer’s Status During Construction - and Exhibit B – A Listing of the Duties, Responsibilities and Limitation of Authority of the Resident Project Representative – are added to the services provided under this agreement. Article 4 – Basic Engineering Services Articles 4.4, 4.5, and 4.6 are added to the agreement as follows: 4.4 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 137 2 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase are summarized as follows: 4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of this Agreement and may be further provided under the General Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the construction job site as described here-in shall not be modified except as the ENGINEER and OWNER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions except as otherwise provided in writing. In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following services during construction: 4.5.1.1 Schedule and conduct a pre-construction conference. 4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including establishment of line, grade, and blue top control staking. 4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors' traffic control plans and its implementation prior to the start of construction. 4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work. 4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director. 4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and Contractor. 4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be performed in accordance with the Contract Documents. 138 3 4.5.1.8 Review and approve, for conformance with the project technical specifications all shop drawings, and other Contractor submittals required by the Contract Documents. 4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and progress under the Contract time provisions. 4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engineering deficiencies are required to complete the project original design concept. 4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, issue a Certificate of Substantial Completion to the Contractor. 4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project inspection and submit a report to the OWNER documenting any outstanding items or deficiencies requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall certify in writing to the OWNER, and any required regulatory agencies, that the construction was completed in accordance with the approved plans and specifications and is performing in accordance with the design concept. 4.5.1.13 Twenty-three months after project substantial completion schedule and conduct with the Owner a Two Year Warranty Inspection of the project and advise the owner in writing whether project deficiencies exist and if the project is performing in accordance with the design concept. 4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, attached to and made part of this Agreement. The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to the OWNER'S approval. 4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this Agreement shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. 4.6. PROJECT DOCUMENTATION ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy of the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER. Article 6 - Compensation For Engineering Service 139 4 Article 6.4 is added to the agreement as follows: 6.4 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.6 including General Administration of Construction Contract, Resident Project Representation, and Project Documentation, shall be compensated in accordance with the following: 6.4.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $593,581 except as provided under 6.4.1.2 and 6.4.4. 6.4.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of 3.44 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit. Compensation for services provided by the ENGINEER’s consultant, HDR Engineering, Inc., are to be based on their Direct Labor Cost times a factor of 3.20. 6.4.1.2 Notification. At any time during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph 6.4.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.4.1.1. The amount and terms of any additional compensation under 6.4.1.1 or 6.4.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.4.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.99 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 6.4.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $ 18,400 which includes for reimbursable expenses. Costs associated with the ENGINEER’s consultant shall be paid in accordance with provisions of paragraph 6.4.1.1. 6.4.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. 6.4.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.44 , or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. 140 5 Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the parties shall be bound by all terms and conditions therein. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC. BY:________________________ BY: Travis Eickman, PE (City Manager) (Vice President) DATE:_____________________ DATE:________________________ ATTEST: BY:______________________ (City Clerk) 141 1 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER’S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the ACONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order 142 2 justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 143 3 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. 144 1 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison: 11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. 145 2 11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 146 3 11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY 147 4 Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. N:\0417\095 - SD Creek Intake\01 Project Management\Contracts\Construction\to City 04 07 2025\PSA Amendment 3 V2.docx 148 Exhibit C-3 Scope of Work – Bidding and Construction Engineering Services Sourdough Creek Intake Improvements March 21, 2025 Scope of Work The Sourdough Creek Intake Improvements project generally includes a new intake for Sourdough Creek and modifications to the flow control system at the water treatment plant. The project is more clearly defined in the bid documents for the project dated October 2024. Construction phase services are as identified in Article 4.4 – Bidding or Negotiating Phase, Article 4.5 – Construction Phase, and Article 4.6 – Project Documentation. Construction Testing relative to concrete materials, embankments, aggregates, and asphalt is not included as part of this agreement as it will be completed by Morrison Maierle under the terms of the Capital Improvement Program Material Testing Agreement. In addition to services identified in the above listed Articles, Special Inspections, as required by the Building Official, for elements of the project designed under the Professional Services Agreement are included. As provided for in the construction contract documents, Special Inspections for delegated designed elements of the project are the responsibility of the construction contractor. The work will be completed by Morrison Maierle and its subconsultant HDR Engineering, Inc. (HDR). The responsibilities between Morrison Maierle and HDR will be fully identified in a subconsultant agreement based on the general outline provided below: • Bidding Phase – Morrison Maierle lead effort with as needed support from HDR • Construction Agreements, Change Orders and General Contract Administration - Morrison Maierle lead effort with as needed support from HDR • Submittal Process – HDR lead effort with support from Morrison Maierle for their specified portions of the project • Requests for Information – HDR lead effort with support from Morrison Maierle • Daily Construction Observation and Daily Contract Administration – Morrison Maierle • Structural Special Inspection – Morrison Maierle • Other Special Inspection – HDR • Periodic Site Visits – Morrison Maierle and HDR will provide periodic site visits by design engineers or their delegated representatives for their respective designed elements of the project • Construction Survey – Morrison Maierle • Startup Coordination – Morrison Maierle and HDR joint effort • Project Closeout – Morrison Maierle and HDR joint effort 149 TOTAL SUPERVISING SENIOR SENIOR CONSTRUCTION RPR LAND SURVEY TECHNICIAN/CADDTASKHOURSENGINEER III ENGINEER II ENGINEER I ENGINEER SURVEYOR III CREW INTERN DRAFTER CLERICAL Bidding Advertising 1 1 Phase Bid Documents and Quest Set Up 34 6 12 16 Questions and Coordination 12 4 8 Pre-Bid Meeting 6 3 3Addendums1448 2 Bid Opening 2 2 Bid Analysis 26 8 16 2 Contract Award, Bonds and Insurance 8 2 2 4Quality Assurance 4 4 SUBTOTAL OF STAFF HOURS REQUIRED 107 30 4 16 33 0 0 0 0 0 24 HOURLY LABOR COST $267 $225 $203 $185 $143 $177 $280 $88 $175 $100 LABOR COST BY POSITION $8,010 $900 $3,248 $6,105 $0 $0 $0 $0 $0 $2,400 TOTAL LABOR: $20,663 EXPENSES Mileage $30Miscellaneous$300 TOTAL COST OF PHASE: $20,993 Construction Observation (200 working days/50% full time)1120 240 800 80 Phase Construction Staking 156 16 40 40 60 Shop Drawing Review 152 16 8 8 80 24 16 Weekly Meetings (40 weeks)240 120 120 Special Inspection (Structural)28 4 24 Coordination 80 80 Contract Administration 184 80 80 24Startup Coordination 68 8 60 Record Drawings 138 2 8 24 24 40 40 Warranty Inspection 12 4 8 Quality Assurance 40 20 20SUBTOTAL OF STAFF HOURS REQUIRED 2218 330 40 32 652 904 40 60 80 40 40 HOURLY LABOR COST $267 $225 $203 $185 $143 $177 $280 $88 $175 $100 LABOR COST BY POSITION $88,110 $9,000 $6,496 $120,620 $129,272 $7,080 $16,800 $7,040 $7,000 $4,000 TOTAL LABOR: $395,418 EXPENSES Mileage $12,000 Survey $4,400Miscellaneous$2,000 HDR $158,770 TOTAL COST OF PHASE: $572,588 TOTAL CONSTRUCTION PHASE SERVICES $593,581 STAFF HOUR ESTIMATE EXHIBIT D-3 - Engineering Fee Estimate SOURDOUGH CREEK INTAKE PROJECT CONSTRUCTION ENGINEERING SERVICES March 21, 2025 150 Task Task Description Status PJM15 ARC31 EEL30 EIN30 EME30 CCI04 ACT03 TOTAL HOURS EXPENSES TOTAL COST 1001 Project Management .24 48 72 -$ 11,224$ Subtotal (including optional)24 0 0 0 0 0 48 72 -$ 11,224$ 1101 Contract Administration .168 72 58 46 72 80 496 250$ 112,985$ 1102 Construction Observation .64 20 20 104 750$ 26,182$ 1103 Project Closeout / Certification .32 2 2 36 -$ 8,378$ Subtotal (including optional)264 72 80 68 72 80 0 636 1,000$ 147,546$ Total (including optional)288 72 80 68 72 80 48 708 1,000$ 158,770$ Task 1000 Project Management Task 1100 Construction Services 151 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Director of Parks, Recreation, Cemetery, and Forestry Alex Nordquest, Forestry Division Manager SUBJECT:Mayoral Proclamation Celebrating Arbor Day MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim Friday, April 25th, 2025 as Arbor Day in Bozeman, Montana. Urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:A proclamation to celebrate Arbor Day is one requirement for Tree City USA designation through the Arbor Day Foundation. The Tree City designation also states minimum requirements for items such as: a city department and/or citizen-led tree board to delegate tree care within a community; municipal ordinance language providing guidelines around planting, maintaining and removing trees in public spaces; providing dedicated budgeting for planting and maintaining green spaces at a minimum of $2 per capita in a community. The City's Forestry Division goes above and beyond these minimum standards, with 5 arborists on staff and funding from the Tree Maintenance District. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:None. Attachments: 2025 Mayoral Proclamation - Arbor Day 4-25-25.docx Report compiled on: March 31, 2025 152 Proclamation Regarding Arbor Day 2025 WHEREAS, in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees –wherever they are planted –are a source of joy and spiritual renewal. NOW, THEREFORE, I Terry Cunningham, as Mayor of the City of Bozeman, do hereby proclaim Friday, April 25th as ARBOR DAY in the City of Bozeman, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Signed and Proclaimed this 22nd day of April, 2025. _________________________________ Terence Cunningham Mayor Bozeman, Montana 153 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Interim City Manager SUBJECT:Water Adequacy and Affordable Housing Citizen Initiative MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:As determined by the Commission. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND: On March 24, 2025, the Gallatin County Elections Administrator approved the Water Adequacy/Affordable Housing citizens initiative (the “Initiative). The Election’s Administrator’s approval begins the signature gathering process. 5,356 qualified signatures must be gathered for the Initiative to qualify for the November, 2025 municipal ballot. The signature gathering process ends at 5:00 pm on June 23, 2025. The Election Administrator’s approval letter and the Initiative as approved are attached. Section 7-5-133(1), MCA, provides the City Commission authority, within 60 days of receiving a petition for a citizens’ initiative to take the action called for in the petition. The purpose of this agenda item will be for the Commission, if it so chooses to have an opportunity to begin the process of adopting the Initiative. If the Commission does not take the action proposed action, the question must be submitted to the voters if sufficient qualified signatures are gathered. During this action item, the City Manager along with the City Attorney and Utilities, Community Development, and Housing staff will discuss the impacts of the Initiative on city operations including the impact on existing City policies and procedures. The City Manager invited the Initiative’s proponents to give a presentation and receive questions. As of the date of this report the proponents have declined to participate. The proponents have developed a website (www.wardbzn.com) and a have produced a policy brief in conjunction with the Initiative. The Initiative seeks to amend 38.410.130, BMC (water adequacy). 154 At the conclusion of the agenda item the Commission is not required to take any action but the Commission may decide to proceed with adopting the ordinance called for in the Initiative. Pertinent City policies that will be discussed during this agenda item include: The Bozeman Community Plan; Bozeman’s Water Facility Plan; The Integrated Water Resources Plan; The Community Housing Action Plan; The Community Housing Needs Assessment; The 2022 Drought Monitoring Plan ; and Bozeman’s Water Conservation Plan. UNRESOLVED ISSUES:To be discussed during agenda item. ALTERNATIVES:None suggested by staff. FISCAL EFFECTS:To be discussed during agenda item. Attachments: WARD_Initiative_Final_3-25-25.pdf Bozeman Water Adequacy Petition Response Letter 3.24.2025.pdf Report compiled on: April 16, 2025 155 PETITION TO PLACE BOZEMAN WATER ADEQUACY INITIATIVE ON THE ELECTION BALLOT If 15% of the registered voters in the City of Bozeman (City) sign this petition and the total number of voters signing this petition is 5,356, the vote to modify use of payment to the City of cash-in-lieu of water rights under Bozeman Municipal Code (BMC), Chapter 38, Article 4, Sec. 38.410.130.D will appear on the November 2025 ballot. If a majority of voters vote for this initiative at that election, it will become law. Then use of payment of cash-in-lieu of water rights under BMC Chapter 38, Article 4, Sec. 38.410.130.D will be restricted to require all residential development of three dwelling units or more to contain 33% or more of affordable dwelling units restricted by deed for 99 years or as long as the law allows at 120% or less of area median income (AMI) for sale or at 60% or less of AMI for rent. We, the undersigned City of Bozeman voters, propose the City of Bozeman place the following language on the November 2025 ballot: Statement of Purpose: The Bozeman Water Adequacy Initiative amends 38.410.130.D of the Bozeman Municipal Code to allow development to pay cash-in-lieu of water rights only if the development provides 33% or more of the dwelling units as restricted by deed for 99 years or as long as the law allows and sold at 120% or less of area median income (AMI) or rented at 60% or less of AMI. This applies to all residential development of three units or more. The initiative also repeals the ability of residential development to satisfy its water adequacy requirements by implementing offsite water efficiency or conservation measures. [ ] For the Bozeman Water Adequacy Initiative [ ] Against the Bozeman Water Adequacy Initiative Voters are urged to read the complete text of the Statement of Purpose and BMC Chapter 38, Article 4, Sec. 38.410.130.D. A signature on this petition is only to put the question to modify payment to the City of cash-in-lieu of water rights under BMC Chapter 38, Article 4, Sec. 38.410.130.D on the ballot and does not necessarily mean signer agrees with modifying payment to the City of cash-in-lieu of water rights under BMC Chapter 38, Article 4, Sec. 38.410.130.D. WARNING A person who purposefully signs a name other than the person’s own name to this petition, who signs more than once for the same issue at one election, or who signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in jail, or both. Each person is required to sign the person’s name and list the person’s address or telephone number in substantially the same manner as on the person’s voter registration card or the signature will not be counted. In place of residence address, the signer may provide the signer’s post office address or the signer’s home telephone number. Signature Date Signed Residence Address or Post-Office Address or Home Telephone Number Printed Last Name, First Name, and Middle Initial Office use only 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 156 COMPLETE TEXT OF BOZEMAN WATER ADEQUACY INITIATIVE The below text amends subsection (D) of 38.410.130, Bozeman Municipal Code. Other subsections of 38.410.130, BMC, address additional provisions related to the City of Bozeman’s Water Adequacy requirements which are not proposed to be amended. Section 1. Section 38.410.130.D, BMC, is amended to read: Sec. 38.410.130. - Water adequacy D. The city will determine the estimated increase in annual municipal water demand attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means: 1. Transfer of water rights into city ownership that are appurtenant to the land being developed, or other water rights that may be available for transfer, that the city determines to be useful. 2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce the estimated annual municipal water demand attributable to the development by one or more of the following methods: a. Installation of high efficiency indoor water using fixtures, appliances, and products that are more water efficient than city-adopted plumbing codes or state or federal minimum standards. b. Installation of unirrigated, or minimally irrigated, drought resistant or drought tolerant landscaping that exceeds the minimum requirements of division 38.550 of this chapter. c. Installation of high efficiency or water conserving irrigation componentry that exceeds the minimum requirements of division 38.550 of this chapter. d. Installation of non-potable water supply systems for landscaping irrigation purposes. e. Other water efficiency and conservation methods brought forward as part of the development by the applicant that the review authority may at its discretion approve. 3. A Ppayment to the city of cash-in-lieu of water rights for that portion of the estimated annual municipal water demand attributable to the development that is not offset under subsections D.1 and D.2. 157 a. Development of three or more residential dwelling units shall only be allowed to issue a payment to the city of cash-in-lieu of water rights if the development contains 33% or more of affordable dwelling units restricted by deed for 99 years or as long as the law allows at 120% or less of area median income (AMI) for sale or at 60% or less of AMI for rent. The affordable dwelling units must be of the same quality and size as those sold or rented at market rate. The affordable dwelling units must be evenly distributed among and within all buildings and floors in any such development as applicable. The city shall allocate the affordable dwelling units for sale and for rent by random lottery. 4. If any word, phrase, clause, sentence, or paragraph of this subsection be adjudged or held unconstitutional, illegal, or invalid, the same shall not affect the validity of this subsection as a whole or any part or provision thereof other than the part so decided to be invalid, illegal, or unconstitutional. 158 State of Montana March 24, 2025 Dan Carty 213 N. 3ru Ave. Bozeman, MT 59715 dgc 12@hotmail.com ( 406) 548-2810 Bozeman Re: Initiative Petition to place Bozeman Water Adequacy Ordinance on the Ballot Dear Mr. Carty, This letter responds to the proposed petition to place Bozeman Water Adequacy Initiative (the "Initiative") on the Ballot (hereafter "Petition"), which you submitted to my office on March 4, 2025. The laws relating to local government ordinances are codified at Title 7, Chapter 5, Part 1, Montana Code Annotated ("MCA"). Pursuant to §7-5-134(2), MCA, I have reviewed the Petition for sufficiency as to form and am approving the Petition. Section §7-5-134(3), MCA, requires that I forward a proposed petition to the local government attorney for further review as to form and compliance with §7-5-131 and §7-5-132, MCA. The Petition was forwarded to Bozeman City Attorney Greg Sullivan for this review. The City Attorney's current review letter dated 3/19/2025 is enclosed. Please note Sullivan's provided ballot statement is required to meet the requirements of 7-5-134(3), MCA. Based on my review of the Petition and the analysis performed by the City Attorney, I am approving the Petition for circulation per §7-5-134(2), MCA: To qualify the petition for the upcoming City of Bozeman election to be held on you must gather a minimum of 5,356 qualified signatures within the 90-day period specified in §7-5-134(7) M.C.A. The number of required qualified signatures reflects the requirements of Article VI, Section 6.03 of the City of Bozeman Municipal Code, which states for a citizens' initiative, "the percentage of signatures required under state law shall be reduced in proportion to the number of inactive registered voters as most recently certified by the county election administrator pursuant to state law." The gathering period begins March 25, 2025 and would end at 5:00 P.M. on June 23, 2025. For a signature to qualify pursuant to §7-5-132 M.C.A. the signer must be a qualified elector within the City of Bozeman. 159 i'-Iarch 24, 2025 Page 2 of2 All original signature pages with the original signature gatherer affidavits must be filed with the Gallatin County Election Administrator, 311 W. Main Room 210, Bozeman MT 59715 by June 23rd deadline. Pursuant to §13-27-303(1) M.C.A, the Gallatin County Election Administrator has four weeks from the date of receipt to verify and qualify the signatures on the filed petition pages. If you have questions regarding the process for collecting and filing signatures, please call me at 406- 582-3054. Sillcet'· Eric Semerad Gallatin County Election Administrator C: LeeAnn Certain, Chief Civil Deputy County Attorney Greg Sullivan, Bozeman City Attorney john@cottonwoodlaw.org 160 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:On-Street Parking Management for Winter Maintenance Work Session MEETING DATE:April 22, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Participate in discussion and provide feedback to staff. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In response to significant public comment received during the 2024-2025 snow year, City Staff seeks to improve on-street parking management for the public safety benefit of improved winter maintenance and emergency response. The city of Bozeman receives an average annual snow accumulation of approximately 90" across more than 50 snow events. The city's Streets Division maintains local streets with a fleet of motor graders equipped with snow gates to reduce blocking of driveways, mailboxes, and curb ramps with a windrow off snow off the blade of a typical plow. Operators require clear access to the curb in order to grade snow and ice outside of the cartway into the boulevard snow storage area. The Streets Division strives to meet a level of service of clearing all local streets within one week when accumulation exceeds 4". This level of service is difficult, if not impossible, to achieve when operators are slowed by the presence of parked cars and reduced width for operations. The city's Engineering Design Standards require a 35' curb-to-curb width for a typical local street which allows for parking lanes in both directions while providing adequate clear width for emergency services. However, many legacy streets in downtown areas were originally built to between 30'-32' curb-to-curb and parking lanes in both directions have historically been allowed.. International Fire Code standards require a minimum clear width of at least 20' in order to ensure adequate operations. Street widths under 35' that exhibit high utilization of on-street parking in both directions do not allow for the minimum clear width. 161 Further, other transportation services such as school buses, Gallavan, and delivery vehicles have experienced challenges getting stuck in heavy accumulation on local streets. The combination of poor conditions and reduced width combine to present a risk to public health and safety. The city conducted a pilot program of alternate-side parking restrictions in the downtown core south of Main Street in February and March of 2025 as a potential future solution. Staff thanks Kathy Rich, Kathy Powell, Greg Garrigues, and many others for their communication and feedback on the program. Staff research has indicated that peer cities, those with a population of 50,000 residents and annual snowfall over 50", all require some form of on- street parking management for the purpose of winter maintenance. These practices range from alternate-side parking restrictions to full restriction of on-street parking enforceable by fine and towing after each snow event. Staff will present the Commission with an overview of lessons learned from the pilot program along with additional options including permanently restricting parking on one side of local streets under 35' in width and expanding overnight (2am-7am) restrictions common in the downtown core. Staff seeks feedback from Commission before formalizing a proposal for implementation prior to the 2025-2026 snow year. UNRESOLVED ISSUES:Manner of parking management for winter operations. ALTERNATIVES:Permanent or seasonal parking restrictions to one side of streets under 35' in width. Alternate-side parking restrictions. Expansion of overnight parking restrictions. As suggested by the Commission. FISCAL EFFECTS:Direction by Commission may have future fiscal impact to labor and materials. Regulatory signage would be required for any parking restriction to be enforceable. Individual signs are anticipated to cost approximately $15 each and would be installed by the city's Signs & Signals Division. Staff anticipates upwards of 1000 signs will be required depending on the preferred manner of management. Report compiled on: March 19, 2025 162 Page 1 of 12 State and Local Cybersecurity Grant Program FY 2022 Award Letter Chuck Winn City of Bozeman 121 N. Rouse Ave Bozeman MT 59715 City Manager Chuck Winn, Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application for financial assistance submitted under the Fiscal Year (FY) 2022 State and Local Cybersecurity Grant Program, Network Intrusion Detection System (IDS), has been approved in the amount of $17,750.00 to provide services to local entities. City of Bozeman is not required to match this award with any amount of non-Federal funds. Before City of Bozeman requests and receives any of the Federal funds, acceptance of the award must be established. By accepting this award, City of Bozeman acknowledges that the terms of the following documents are incorporated into the terms of this award: • Agreement Articles (attached to this Award Letter) • Obligating Document for Award (attached to this Award Letter) • FY 22 State and Local Cybersecurity Grant Program Notice of Funding Opportunity Per the Notice of Funding Opportunity (NOFO), all sub-recipients are required to complete the following: • Complete the Nationwide Cybersecurity Review (NCSR) • Register and maintain CISA’s no cost Cyber Hygiene Services (CyHy) Please make sure you read, understand, and maintain a copy of these documents in the official file for this award. In order to establish acceptance of the award and its terms, please complete, sign and return the Obligating Document for Award to your MT DES Grant Coordinator. For additional assistance, please contact your MT DES Grant Coordinator. Sincerely, Burke S. Honzel Preparedness Bureau Chief Montana Disaster and Emergency Services CC Scott McMahan Award Letter Burke S. Honzel Digitally signed by Burke S. Honzel Date: 2024.12.20 15:49:38 -07'00' Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 19163 AGREEMENT ARTICLES State and Local Cybersecurity Grant Program SUB-RECIPIENT: City of Bozeman PROGRAM: State and Local Cybersecurity Grant STATE GRANT NUMBER: 22SLCGP-BZN-IDS TABLE OF CONTENTS Article 1 Summary Description of Award Article 2 SLCGP Performance Goal Article 3 DHS Standard Terms and Conditions Generally Article 4 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article 5 General Acknowledgements and Assurances Article 6 Acknowledgement of Federal Funding from DHS Article 7 Activities Conducted Abroad Article 8 Age Discrimination Act of 1975 Article 9 Americans with Disabilities Act of 1990 Article 10 Best Practices for Collection and Use of Personally Identifiable Information Article 11 Civil Rights Act of 1964 – Title VI Article 12 Civil Rights Act of 1968 Article 13 Copyright Article 14 Debarment and Suspension Article 15 Drug-Free Workplace Regulations Article 16 Duplication of Benefits Article 17 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 18 Energy Policy and Conservation Act Article 19 False Claims Act and Program Fraud Civil Remedies Article 20 Federal Debt Status Article 21 Federal Leadership on Reducing Text Messaging while Driving Article 22 Fly America Act of 1974 Article 23 Hotel and Motel Fire Safety Act of 1990 Article 24 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article 25 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article 26 Lobbying Prohibitions Article 27 National Environmental Policy Act Article 28 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article 29 Non-Supplanting Requirement Article 30 Notice of Funding Opportunity Requirements Article 31 Patents and Intellectual Property Rights Article 32 Procurement of Recovered Materials Article 33 Rehabilitation Act of 1973 Agreement Articles Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 20164 Article 34 Reporting of Matters Related to Recipient Integrity and Performance Article 35 Reporting Subawards and Executive Compensation Article 36 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article 37 SAFECOM Article 38 Terrorist Financing Article 39 Trafficking Victims Protection Act of 2000 (TVPA) Article 40 Universal Identifier and System of Award Management Article 41 USA PATRIOT Act of 2001 Article 42 Use of DHS Seal, Logo and Flags Article 43 Whistleblower Protection Act Article 44 Environmental Planning and Historic Preservation (EHP) Review Article 45 Applicability of DHS Standard Terms and Conditions to Tribes Article 46 Acceptance of Post Award Changes Article 47 Disposition of Equipment Acquired Under the Federal Award Article 48 Prior Approval for Modification of Approved Budget Article 49 Indirect Cost Rate Article 50 MT DES Specific Acknowledgements and Assurances Article 51 Accruals Article 52 Authorized Representative Article 53 Nationwide Cybersecurity Review Article 54 Cyber Hygiene Services Article 1 Summary Description of Award The purpose of the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP) is to assist state, local, and territorial (SLT) governments with managing and reducing systemic cyber risk. Through funding from the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, the SLCGP enables DHS to make targeted cybersecurity investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services SLT governments provide their community. This SLCGP award provides funding in the amount of: $2,427,866 for the state of Montana. Of this amount, up to $121,393 can be retained by the State Administrative Agency (SAA) for management and administrative expenses. The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA and CISA of the award budget. Post-award documents uploaded into ND Grants for this award are also incorporated into the terms and conditions of this award, subject to any limitations stated in subsequent approvals by FEMA and CISA of changes to the award. Investments not listed in this Agreement Article are not approved for funding under this award. Article 2 SLCGP Performance Goal In addition to the Performance Progress Report (PPR) recipients must demonstrate how the grant-funded projects address the capability gaps identified in their Cybersecurity Plan or other relevant documentation or sustains existing capabilities per the CISA-approved Investment Justification. The capability gap reduction or capability sustainment must be addressed in Performance Narrative. Article 3 DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions. Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 21165 Article 4 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. section 170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article 5 General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article 6 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 7 Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 8 Age Discrimination Act of 1975 Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 22166 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 9 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 10 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 11 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7. Article 12 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 13 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. Article 14 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 15 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 23167 recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 16 Duplication of Benefits Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions. Article 17 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19. Article 18 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 19 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 20 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 21 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513. Article 22 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated- air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 23 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a. Article 24 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 24168 telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article 25 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 26 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL). Article 27 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 28 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Article 29 Non-Supplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. Article 30 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Article 31 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14. Article 32 Procurement of Recovered Materials Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 25169 States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 33 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 34 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. Article 35 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. Article 36 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers, when necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 26170 required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described as “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Definitions The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference. Article 37 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA. Article 38 Terrorist Financing Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws. Article 39 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference. Article 40 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. Article 41 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Article 42 Use of DHS Seal, Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS components (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. Article 43 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712. Article 44 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at: https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 27171 activities occur during construction, the applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article 45 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article 46 Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions. Article 47 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures. Article 48 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non- construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 49 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 50 MT DES Specific Acknowledgements and Assurances Sub-recipients must acknowledge and agree to comply with applicable provisions governing MT DES access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipients must cooperate with any compliance reviews or compliance investigations conducted by MT DES. 2. Sub-recipients must give MT DES access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by MT DES regulations and other applicable laws or program guidance. Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 28172 3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate MT DES officials and maintain appropriate backup documentation to support the reports. 4. Sub-recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. The State of Montana shall not be liable for any reimbursement amount greater than the award amount available to each sub-recipient. 6. Failure of the sub-recipient to accomplish SLCGP objectives may result in the reduction or withholding of funds, or other action, as determined by MT DES. The State of Montana has the right to seek judicial enforcement of these obligations. Article 51 Accruals As established within Montana Operations Manual Policy, accrual documentation is required of all sub-recipients by the Montana Department of Administration, State Financial Services Division, and must be submitted to MT DES no later than the second week of June, or as instructed by MT DES. Article 52 Authorized Representative As evidenced by the signatures found in the Letter of Obligation, the Sub-Recipient Signatory Official agrees to appoint the Sub-Recipient Authorized Representative to act on behalf of City of Bozeman. This individual shall be duly authorized with all necessary powers with regard to the administration and oversight of the 2022 State and Local Cybersecurity Grant Program, 22SLCGP-BZN-IDS. The Catalog of Federal Domestic Assistance (CFDA) number associated with this grant is 97.137. Article 53 Nationwide Cybersecurity Review Subrecipients of FY 2022 grant awards will be required to complete the Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient and subrecipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 3-6 hours to complete. The 2024 NCSR will be open from October – February 2024. MT DES will provide subrecipients with additional information upon opening of the review. Article 54 Cyber Hygiene Services Subrecipients of FY 2022 SLCGP are required to register and maintain CISA’s no cost Cyber Hygiene (CyHy) Services for vulnerability services and web application services as outline in the Notice of Funding Opportunity. Subrecipients will report completion with performance progress reports. Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 29173 Obligating Document for Award STATE GRANT NUMBER: 22SLCGP-BZN-IDS FEDERAL AGREEMENT NUMBER: EMW-2022-CY-00027 AMENDMENT NUMBER: SUB-RECIPIENT NAME AND ADDRESS: City of Bozeman 121 N. Rouse Ave Bozeman, MT 59715 ISSUING STATE OFFICE AND ADDRESS: Montana Disaster and Emergency Services P.O. Box 4789 1956 MT Majo Street Fort Harrison, MT 59636-4789 NAME OF SUB-RECIPIENT AUTHORIZED REPRESENTATIVE: Scott McMahan SUB-RECIPIENT AUTHORIZED REPRESENTATIVE CONTACT INFORMATION: smcmahan@bozeman.net 406-582-2277 EFFECTIVE DATE OF THIS ACTION: 11/21/2024 METHOD OF PAYMENT: EFT NAME AND CONTACT INFORMATION OF MT DES GRANT COORDINATOR: Emily Schuff Emily.Schuff@mt.gov 406-417-9236 FEDERAL AWARD AMOUNT: $17,750.00 PERIOD OF PERFORMANCE: From: To: 12/1/2024 09/30/2026 Budget Period: From: To: 12/1/2024 09/30/2026 ASSISTANCE ARRANGEMENT: Cost Reimbursement CFDA #: 97.137 SUB-RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE SUB-RECIPIENT AUTHORIZED REPRESENTATIVE (Name and Title) DATE MT DES SIGNATORY (Name, Title and Date) Amanda Avard, Preparedness Program Manager, Authorized Organizational Representative Amanda Avard Digitally signed by Amanda Avard Date: 2025.03.11 12:14:44 -06'00' Docusign Envelope ID: CFF9B9D3-397C-4AB9-8448-C931D0914861 Director of Information Technology 3/31/2025 City Manager 3/31/2025 30174 Page 1 of 12 State and Local Cybersecurity Grant Program FY 2022 Award Letter Chuck Winn City of Bozeman 121 N. Rouse Ave Bozeman MT, 59715 City Manager Chuck Winn, Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application submitted under the Fiscal Year (FY) 2022 State and Local Cybersecurity Grant Program, Professional Cybersecurity Training has been approved. City of Bozeman will receive a voucher for SANS Institute training through Montana State Information Services Technologies Division (SITSD) in lieu of direct funding. City of Bozeman is not required to match the FY2022 award with any amount of non-Federal funds. Before City of Bozeman may receive the services, acceptance of this award acknowledges that the terms of the following are incorporated into the agreement and must be followed: •Agreement Articles (attached to this Award Letter) •FY 22 State and Local Cybersecurity Grant Program Notice of Funding Opportunity Per the Notice of Funding Opportunity (NOFO), all sub-recipients are required to complete the following: •Complete the Nationwide Cybersecurity Review (NCSR) •Register and maintain CISA’s no cost Cyber Hygiene Services (CyHy) City of Bozeman will work with SITSDs Representative for the issuance of the training voucher. City of Bozeman will receive the following services per the application request: SANS Institute Training Voucher 1 Please make sure you read, understand, and maintain a copy of these documents for your records. In order to establish acceptance of the award and its terms, please complete, sign and return this document to MT DES at mtdesprep@mt.gov. Burke S. Honzel Preparedness Bureau Chief Montana Disaster and Emergency Services CC Scott McMahan Award Letter Burke S. Honzel Digitally signed by Burke S. Honzel Date: 2024.12.20 16:11:02 -07'00' Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 7175 Page 2 of 12 FY2022 Award for Services Acknowledgement Organization: City of Bozeman Project Name: Professional Cybersecurity Training Project Point of Contact: Scott McMahan Point of Contact Phone: 406-582-2277 Point of Contact Email: smcmahan@bozeman.net By signing this award agreement, City of Bozeman acknowledge and agrees to the terms and conditions of the grant articles of agreement. ________________ Signatory authority Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 1/15/2025 8176 AGREEMENT ARTICLES State and Local Cybersecurity Grant Program SUB-RECIPIENT: City of Bozeman PROGRAM: State and Local Cybersecurity Grant STATE GRANT NUMBER: FY22SLCGP-ITSD-SANS TABLE OF CONTENTS Article 1 Summary Description of Award Article 2 SLCGP Performance Goal Article 3 DHS Standard Terms and Conditions Generally Article 4 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article 5 General Acknowledgements and Assurances Article 6 Acknowledgement of Federal Funding from DHS Article 7 Activities Conducted Abroad Article 8 Age Discrimination Act of 1975 Article 9 Americans with Disabilities Act of 1990 Article 10 Best Practices for Collection and Use of Personally Identifiable Information Article 11 Civil Rights Act of 1964 – Title VI Article 12 Civil Rights Act of 1968 Article 13 Copyright Article 14 Debarment and Suspension Article 15 Drug-Free Workplace Regulations Article 16 Duplication of Benefits Article 17 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 18 Energy Policy and Conservation Act Article 19 False Claims Act and Program Fraud Civil Remedies Article 20 Federal Debt Status Article 21 Federal Leadership on Reducing Text Messaging while Driving Article 22 Fly America Act of 1974 Article 23 Hotel and Motel Fire Safety Act of 1990 Article 24 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article 25 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article 26 Lobbying Prohibitions Article 27 National Environmental Policy Act Article 28 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article 29 Non-Supplanting Requirement Article 30 Notice of Funding Opportunity Requirements Article 31 Patents and Intellectual Property Rights Article 32 Procurement of Recovered Materials Article 33 Rehabilitation Act of 1973 Agreement Articles Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 9177 Article 34 Reporting of Matters Related to Recipient Integrity and Performance Article 35 Reporting Subawards and Executive Compensation Article 36 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article 37 SAFECOM Article 38 Terrorist Financing Article 39 Trafficking Victims Protection Act of 2000 (TVPA) Article 40 Universal Identifier and System of Award Management Article 41 USA PATRIOT Act of 2001 Article 42 Use of DHS Seal, Logo and Flags Article 43 Whistleblower Protection Act Article 44 Environmental Planning and Historic Preservation (EHP) Review Article 45 Applicability of DHS Standard Terms and Conditions to Tribes Article 46 Acceptance of Post Award Changes Article 47 Disposition of Equipment Acquired Under the Federal Award Article 48 Prior Approval for Modification of Approved Budget Article 49 Indirect Cost Rate Article 50 MT DES Specific Acknowledgements and Assurances Article 51 Accruals Article 52 Catalog of Federal Domestic Assistance (CFDA) Number Article 53 Nationwide Cybersecurity Review Article 54 Cyber Hygiene Services Article 1 Summary Description of Award The purpose of the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP) is to assist state, local, and territorial (SLT) governments with managing and reducing systemic cyber risk. Through funding from the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, the SLCGP enables DHS to make targeted cybersecurity investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services SLT governments provide their community. This SLCGP award provides funding in the amount of: $2,427,866 for the state of Montana. Of this amount, up to $121,393 can be retained by the State Administrative Agency (SAA) for management and administrative expenses. The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA and CISA of the award budget. Post-award documents uploaded into ND Grants for this award are also incorporated into the terms and conditions of this award, subject to any limitations stated in subsequent approvals by FEMA and CISA of changes to the award. Investments not listed in this Agreement Article are not approved for funding under this award. Article 2 SLCGP Performance Goal In addition to the Performance Progress Report (PPR) recipients must demonstrate how the grant-funded projects address the capability gaps identified in their Cybersecurity Plan or other relevant documentation or sustains existing capabilities per the CISA-approved Investment Justification. The capability gap reduction or capability sustainment must be addressed in Performance Narrative. Article 3 DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-standard- Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 10178 terms-and-conditions. Article 4 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. section 170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article 5 General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article 6 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 7 Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 11179 Article 8 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 9 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 10 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 11 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7. Article 12 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 13 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. Article 14 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 15 Drug-Free Workplace Regulations Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 12180 Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 16 Duplication of Benefits Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions. Article 17 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19. Article 18 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 19 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 20 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 21 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513. Article 22 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated- air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 23 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a. Article 24 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 13181 and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article 25 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 26 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL). Article 27 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 28 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Article 29 Non-Supplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. Article 30 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Article 31 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14. Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 14182 Article 32 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 33 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 34 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. Article 35 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. Article 36 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers, when necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 15183 in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described as “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Definitions The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference. Article 37 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA. Article 38 Terrorist Financing Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws. Article 39 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference. Article 40 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. Article 41 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Article 42 Use of DHS Seal, Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS components (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. Article 43 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712. Article 44 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at: https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 16184 noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, the applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article 45 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article 46 Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions. Article 47 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures. Article 48 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non- construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 49 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 50 MT DES Specific Acknowledgements and Assurances Sub-recipients must acknowledge and agree to comply with applicable provisions governing MT DES access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipients must cooperate with any compliance reviews or compliance investigations conducted by MT DES. 2. Sub-recipients must give MT DES access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by MT DES regulations and other applicable Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 17185 laws or program guidance. 3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate MT DES officials and maintain appropriate backup documentation to support the reports. 4. Sub-recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. The State of Montana shall not be liable for any reimbursement/services amount greater than the amount available to each sub-recipient. 6. Failure of the sub-recipient to accomplish SLCGP objectives may result in the reduction or withholding of funds, or other action, as determined by MT DES. The State of Montana has the right to seek judicial enforcement of these obligations. Article 51 Accruals As established within Montana Operations Manual Policy, accrual documentation is required of all sub-recipients by the Montana Department of Administration, State Financial Services Division, and must be submitted to MT DES no later than the second week of June, or as instructed by MT DES. Applicable to sub-recipients receiving direct funding. Article 52 Catalog of Federal Domestic Assistance (Assistance Listing Number) The Catalog of Federal Domestic Assistance (CFDA) number associated with this grant is 97.137. Article 53 Nationwide Cybersecurity Review Subrecipients of FY 2022 grant awards will be required to complete the Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient and subrecipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 3-6 hours to complete. The 2024 NCSR will be open from October – February 2024. MT DES will provide subrecipients with additional information upon opening of the review. Article 54 Cyber Hygiene Services Subrecipients of FY 2022 SLCGP are required to register and maintain CISA’s no cost Cyber Hygiene (CyHy) Services for vulnerability services and web application services as outline in the Notice of Funding Opportunity.. Docusign Envelope ID: 769D286F-C4FE-45F5-819D-459AD15BCDE2 18186