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REQUEST FOR PROPOSALS (RFP)
SS4A COMPREHENSIVE DEMONSTRATION
ACTIVITY – SAFETY DATA PLATFORM
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
January 2026
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to
implement and provide a three year demonstration of a safety data platform. The platform must
be capable of importing and analyzing crash data, transportation network information, and
demographic data. This data platform is part of the demonstration aspect of a Safe Streets and
Roads for All (SS4A) Planning and Demonstration Grant project that also includes the
development of a Comprehensive Safety Action Plan (Plan) and demonstration of equipment to
collect intersection safety data. The platform procured through this RFP will be utilized for the
development of the Plan including analysis of a high injury network and prioritization of safety
projects and programs. The platform will also support the evaluation tasks identified in the SS4A
grant requirements.
Copies of the Request for Proposals are available on the City’s website.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address below. Respondents are
advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be
allowed per response. The subject line of the transmittal email shall clearly identify the RFP title,
company name and due date/time. File sizes greater than 25MB in size may be uploaded to
bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the
respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is
separately notified via email of same, prior to the given deadline.
Deliver RFPs via email to the City Clerk by February 19, 2026 at 3:00 PM MST. It is the sole
responsibility of the proposing party to ensure that proposals are received prior to the closing
time as late submittals will not be accepted and will be returned unopened.
The email address for submission is: procurement@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFP on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability and which also recognizes the eventual contract will
contain a provision prohibiting discrimination as described above and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and
to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the
State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best
practices publication and has read the material.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk (406) 582-2321, agenda@bozeman.net.
Questions relating to the RFP should be directed to: Taylor Lonsdale, Transportation Engineer,
tlonsdale@bozeman.net.
DATED at Bozeman, Montana, this January 24, 2026.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Saturday, January 24, 2026
Saturday, February 7, 2026
I. INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from firms to implement and provide a three
year demonstration of a safety data platform. The platform must be capable of importing and
analyzing crash data, transportation network information, and demographic data. This data
platform is part of the demonstration aspect of a Safe Streets and Roads for All (SS4A) Planning
and Demonstration Grant project that also includes the development of a Comprehensive Safety
Action Plan (Plan) and demonstration of equipment to collect intersection safety data. The
platform procured through this RFP will be utilized for the development of the Plan including
analysis of a high injury network and prioritization of safety projects and programs. The platform
will also support the evaluation tasks identified in the SS4A grant requirements.
The Owner intends to enter into a three year contract with the selected firm that will include
execution of the scope of work outlined in this RFP.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. PROJECT BACKGROUND AND DESCRIPTION
In 2022, Bozeman City Commission adopted the Streets Are for Everyone (SAFE) Action Plan
following the tragic death of two community members while riding bicycles. This leadership
established a vision for how the city will implement a Safe Systems Approach with a clear goal
of eliminating serious injuries and fatalities on Bozeman's streets. To strengthen this effort, the
City of Bozeman applied for and was awarded a Safe Streets and Roads for All (SS4A) Planning
and Demonstration Grant in 2023 to complete a Comprehensive Safety Action Plan and
demonstrate the use of advanced safety data collection equipment at selected signalized
intersections.
In 2024, the city applied for and was awarded a SS4A Supplemental Planning and
Demonstration Grant to augment the initial planning and demonstration grant by funding
additional planning activities, additional safety data collection equipment, and a safety data
platform to support plan development and evaluation. (See Attachment D)
This RFP is for the implementation and three year demonstration of a safety data platform. The
safety data platform will be utilized in the development and evaluation of the safety plan. The
City of Bozeman will procure the professional services for plan development and the traffic
signal safety analytics equipment via separate RFPs.
The budget identified in the grant applications can be found below. Deviations from the
allocations may be possible but will require justification and will require an amendment to the
grant agreements with FHWA.
Implementation and Three Years of Safety Data Platform Demonstration $144,000
III. SCOPE OF SERVICES
The preliminary scope of work involved for this project is outlined below. Additional
tasks and work elements may be added during contract negotiations. It is also possible
that tasks or elements could be deleted through negotiation. In its proposal, the
consultant may recommend addition/deletion of tasks or modification of tasks in
describing its understanding and approach for the project.
A. Implementation of a Safety Data Platform
The City of Bozeman (city) seeks improve the ability for city staff to utilize crash data to
inform the development and evaluation of a Comprehensive Safety Action Plan.
Currently city engineering staff must review individual crash reports to gain insight into
crash trends. This requires significant staff resources that has limited the city’s ability be
proactive in the utilization of crash data. The city desires to implement a safety data
platform that will make access to crash information available to staff while additionally
providing analysis tools to proactively utilize the data.
The following is a foundational list of requirements for the implementation of the
platform. Respondents are encouraged to identify additional capabilities of their
proposed solutions.
The platform must accept crash data from existing City of Bozeman and Montana
Department of Transportation systems: including formats like Zeurcher Suite,
PDF report files, and AASHTOWare.
The provider of the platform will need to coordinate implementation with City of
Bozeman staff as well as the consultant team that will be developing the
Comprehensive Safety Action Plan to maximize the utilization of the platform in
the development of the plan.
The platform should utilize data crash data as well as data from the
demonstration advanced safety data collection equipment to generate crash
diagrams, analyze crash patterns, overlay demographic and street network data,
and identify high injury networks and potential countermeasures.
The platform must also facilitate ongoing monitoring and evaluation of the
safety plan, producing necessary evaluation information for the SS4A grant.
Implementation of the platform should demonstrate the potential increase in
efficiency of project identification, including reduced staff time.
The city desires to complete the proposed work in a diligent manner. Proposals must clearly
indicate the consultant’s anticipated schedule given their staffing and current and projected
workload commitments.
IV. PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as in this RFP and should
identify the item to which the responses applies.
Executive Summary
Firm/Individual Profile
Scope of Services
Description of Proposed Solution
Maintenance and Support for city staff
Related Experience with Projects Similar to the Scope of Services
References
Proposed Schedule
Price Proposal
Signed Affirmation of Nondiscrimination (see Attachment A)
Proposed changes to the Software as Service Agreeement (Attachment B)
Completed City of Bozeman Cloud Services Questionaire (Attachment C)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFP Saturday, January 24, 2026
Saturday, February 7, 2026
Deadline for receipt of proposals February 19, 2026
Evaluation of proposals March 6, 2026
Selection March 10, 2026
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (procurement@bozeman.net) by February 19, 2026, at
3:00 PM MST. It is the sole responsibility of the proposing party to ensure that proposals are
received prior to the closing time as late submittals will not be accepted and will be returned
unopened. All proposals must be provided as a single, searchable PDF document file and be
submitted digitally as an email attachment to the RFP Recipient email address
agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is
25MB and that only one PDF file will be allowed per response. The subject line of the
transmittal email shall clearly identify the RFP title, company name and due date/time. File
sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special
arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the
file upload is completed, and that the Recipient is separately notified via email of same, prior to
the given deadline.
VI. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 12:00 PM MST on February 11, 2026.
VII. CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, procurement@bozeman.net
ALL QUESTIONS AND CONTACTS REGARDING THIS RFP MUST BE SUBMITTED IN WRITING TO:
Taylor Lonsdale, PE
P.O. Box 1230
Bozeman, MT 59771-1230
tlonsdale@bozeman.net
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 12:00 PM MST on February 11, 2026.
VIII. SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
[5 points] Executive Summary
[30 points] Qualifications of the Firm for Scope of Services
[40 points] Proposed Scope of Services, Description of Proposed Solution, and
Support for City Staff
[15 points] Related Experience with Similar Projects
[10 points] Cost
X. FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the Software as Service Agreement attached as Attachment B. The city will not
entertain changes to Section 9 of the argreement.
XI. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C. The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D. The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E. The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H. Projects under any contract are subject to the availability of funds.
XII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E. Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Attachment A: Non-Discrimination Affirmation
Attachment B: Form of Software as Service Agreement
Attachment C: City of Bozeman Cloud Services Questionnaire
Attachment D: 2023 and 2024 SS4A Applications
Attachment E: Exhibits to FHWA Grant Agreements Under SS4A
END OF RFP
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Attachment B
Software as Service Agreeement
Software as a Service Agreement
This Software as a Service Agreement (“Agreement”), is made and entered into this _____
day of ____________, 202__ (“Effective Date”), 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, ____________,
_______________, with a mailing address of __________________, hereinafter referred to as
“Provider.” The City and Provider 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. Definitions.
a. “Aggregated Statistics” means data and information related to the City's use
of the Services that is used by Provider in an aggregate and anonymized manner, including
to compile statistical and performance information related to the provision and operation
of the Services.
b. “Authorized User” means the City's employees, consultants, contractors,
and agents (i) who are authorized by the City to access and use the Services under the rights
granted to the City pursuant to this Agreement and (ii) for whom access to the Services has
been purchased hereunder.
c. “Confidential Information” means, subject to Montana’s Open Records
Law, all written or oral information, disclosed by either Party to the other, related to the
operations of either Party or a third party that has been identified as confidential or that by
the nature of the information or the circumstances surrounding disclosure ought reasonably
to be treated as confidential. With respect to the City, Confidential Information must also
include any and all information transmitted to or stored by Provider in connection with
performance of its obligations under this Agreement, including, but not limited to,
personally identifiable information (“PII”) of residents, employees or people included
within the City’s data, including name, address, phone number, e-mail address, date of
birth, social security number, patient records, credit card information, driver’s license
number, account numbers, PINs and/or passwords, any other information that could
reasonably identify a person, and products, confidential intellectual property, trade secrets,
third-party confidential information, and other sensitive or proprietary information,
whether orally or in written, electronic, or other form or media/in written or electronic form
or media, and whether or not marked, designated, or otherwise identified as “confidential.”
Confidential Information does not include information that, at the time of disclosure is: (a)
in the public domain; (b) known to the receiving Party at the time of disclosure; (c)
rightfully obtained by the receiving Party on a non-confidential basis from a third party; or
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(d) independently developed by the receiving Party without reference to or use of the
disclosing Party’s Confidential Information.
d. “City's Data” means, other than Aggregated Statistics, information, data,
and other content, in any form or medium, that is submitted, posted, or otherwise
transmitted by or on behalf of the City or an Authorized User through the Services,
including, without limitation, the City's meter data and other energy data related to the
City's facilities located in the State of Montana. This information, data, and content may
also include that which is considered Confidential Information.
e. “Data Incident” means a breach of the City or the Provider’s security
leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure
of, or access to the City’s Data through the Services licensed to the City by the Provider.
f. “Documentation” means Provider’s user manuals, handbooks, and guides
relating to the Services provided by Provider to the City either electronically or in hard
copy form/end user documentation relating to the Services.
g. “Intellectual Property Rights” or “IP Rights” means any and all rights that
may exist under patent law, copyright law, publicity rights law, moral rights law, trade
secret law, trademark law, unfair competition law or other similar protections, whether or
not such rights are registered or perfected.
h. “Provider IP” means the Services, the Documentation, and any and all
intellectual property provided to the City or any Authorized User in connection with the
foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any
information, data, or other content derived from Provider’s monitoring of the City's access
to or use of the Services, but does not include the City's Data.
i. “Services” means the on premise software-as-a-service license described in
the Scope of Services. See attached Exhibit A.
2. Purpose. City agrees to enter into this Agreement with Provider to perform for
the City the Services described in the Scope of Services, incorporated into this Agreement and
attached as Exhibit A.
3. Term and Termination.
a. Term. The initial term of this Agreement begins on the Effective Date and,
unless terminated earlier pursuant to this Agreement’s express provisions, will
continue in effect for _______ months from such date (the “Initial Term”). This
Agreement will automatically renew for additional successive one (1) year
terms unless earlier terminated pursuant to this Agreement’s express provisions.
The Parties may extend this Agreement for three (3) additional one (1) year
terms.
b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written
notice of non-renewal at least thirty (30) days prior to the expiration of the then-
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current term (each a “Renewal Term” and together with the Initial Term, the
“Term”).
c. Termination.
i. Provider may terminate this Agreement, effective on written notice to the
City if the City: 1) fails to pay any amount when due hereunder, and such
failure continues more than sixty (60) days after Provider’s delivery of
written notice thereof; or 2) breaches any of its obligations under
Paragraph 6 of this Agreement
ii. Any Party to this Agreement may terminate their obligations under this
Agreement, effective on written notice to the other Parties, if another
Party materially breaches this Agreement, and such breach: 1) is incapable
of cure; or 2) being capable of cure, remains uncured sixty (60) days after
the non-breaching Party provides the breaching Party with written notice
of such breach; or
iii. Any Party to this Agreement may terminate this Agreement, effective
immediately upon written notice to the other Parties, if the other Party: 1)
becomes insolvent or is generally unable to pay or fails to pay its debts as
they become due; 2) files or has filed against it a petition for voluntary or
involuntary bankruptcy or otherwise becomes subject, voluntarily or
involuntarily, to any proceeding under any domestic or foreign
bankruptcy or insolvency law; 3) makes or seeks to make a general
assignment for the benefit of its creditors; or 4) applies for or has
appointed a receiver, trustee, custodian, or similar agent appointed by
order of any court of competent jurisdiction to take charge of or sell any
material portion of its property or business.
d. Expiration. Provider must notify the City 90 days in advance of this
Agreement’s expiration date.
e. Effect of Expiration or Termination. No expiration or termination will affect
the City's obligation to pay all Fees that may have become due before such
expiration or termination or entitle the City to any refund.
4. Scope of Services. Provider must perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, this
Agreement governs. Provider agrees to be bound by its responses to the City’s Cloud
Questionnaires, incorporated into and attached to this Agreement as Exhibit B and made
part of this Agreement. Such responses constitute material consideration for the City to
enter into this Agreement and the responses are material representations regarding the
Provider’s performance.
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5. Access and Use.
a. Provision of Access to Services. Subject to and conditioned on the City's
payment of fees and compliance with the terms and conditions of this Agreement, Provider
grants the City a non-exclusive, non-transferable license to the Services during the Term.
This license to the Services is solely for use by the City and its Authorized Users and must
be accessed and used in accordance with the terms and conditions set forth in this
Agreement. Unless otherwise agreed upon and detailed in the Scope of Services, such
access and use is limited to the City's internal use. If applicable, Provider must provide to
the City the necessary passwords and network links or connections to allow the City to
access the Services.
b. Documentation License. Subject to the terms and conditions contained in
this Agreement, Provider grants to the City a non-exclusive, non-sublicensable, non-
transferable license to use the Documentation during the Term solely for the City's internal
business purposes in connection with its use of the Services.
c. Designated Authorized Users. The City may designate the number of
Authorized Users permitted to access the Services.
d. Reservation of Rights. Provider reserves all rights not expressly granted to
the City in this Agreement. Except for the limited rights and licenses expressly granted
under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel,
or otherwise, to the City or any third party any intellectual property rights or other right,
title, or interest in or to the Provider IP.
e. Suspension. Notwithstanding anything to the contrary in this Agreement,
Provider may temporarily suspend the City's and any Authorized User’s access to any
portion or all of the Services if:
i. Provider reasonably determines 1) there is a threat or attack on any of the
Provider IP; 2) the City's or any Authorized User’s use of the Provider IP
disrupts or poses a security risk to the Provider IP or to any other Customer
or vendor of Provider; 3) the City, or any Authorized User, are using the
Provider IP for fraudulent or illegal activities; or 4) Provider’s provision of
the Services to the City or any Authorized User is prohibited by applicable
law;
ii. any vendor of Provider has suspended or terminated Provider’s access to or
use of any third-party services or products required to enable the City to
access the Services; or
iii. in accordance with Section 5(a)(iii) (any such suspension described in sub-
section (i), (ii), or (iii), a “Service Suspension”).
Provider must use commercially reasonable efforts to provide written notice within five (5)
business days prior to any planned Service Suspension to the City and provide updates
regarding resumption of Services following any Service Suspension. Provider must use
commercially reasonable efforts to resume providing access to the Services as soon as
reasonably possible after the event giving rise to the Service Suspension is cured. Provider
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may be subject to liability for any damage, liabilities, losses (including any loss of data or
profits), or any other consequences that the City or any Authorized User may incur as a
result of a Service Suspension.
f. Aggregated Statistics. Notwithstanding anything to the contrary in this
Agreement, Provider may monitor the City's use of the Services, and collect and compile
Aggregated Statistics. As between Provider and the City, all right, title, and interest in
Aggregated Statistics, and all intellectual property rights therein, belong to and are retained
solely by Provider. The City acknowledges that Provider may compile Aggregated
Statistics based on the City's Data input into the Services. The City agrees that Provider
may: 1) make Aggregated Statistics publicly available in compliance with applicable law,
and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable
law; provided that such Aggregated Statistics do not identify the City or the City's
Confidential Information.
6. The City's Responsibilities.
a. The City is responsible for all uses of the Services and Documentation
resulting from access provided by the City, directly or indirectly. The City must use
reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as
applicable to such Authorized User’s use of the Services, and must cause Authorized Users
to comply with such provisions.
b. Unless otherwise agreed, the City is responsible for creating and modifying
its data into the Services, and keeping the City’s data into the Services current and accurate.
c. The City must reasonably cooperate with Provider’s performance of
Professional Services. The City recognizes and agrees that performance of Professional
Services is contingent upon the City’s cooperation and as set forth in Paragraph 7.
d. The City may test the Provider’s Services in a live production environment
to ensure that it conforms to the specifications set forth in this Agreement and all Exhibits.
Upon acceptance, the City must pay the Provider in accordance with the Scope of Services.
See attached Exhibit A. If the City determines that the Services do not meet the
specifications set forth in this Agreement and all Exhibits, upon 60 days of receiving
written notice of such deficiencies, the City may terminate this Agreement if the Provider
does not cure the deficiencies. Provider must refund the City all sums already paid within
five (5) business days. Such termination and refund does not bar the City from pursuing
other remedies available under the Agreement or law.
7. Provider’s Obligations. To induce the City to enter into this Agreement, Provider
makes the following representations:
a. Provider has familiarized itself with the nature and extent of this
Agreement, all exhibits including but not limited to 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.
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b. Provider represents and warrants to the 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; 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 must 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.
c. Provider must ensure the Services delivered under this Agreement are
adequately secure, and must provide a secure environment for all of the City’s
Confidential Information, which may include, but is not limited to any hardware
and software (including servers, network and data components) to be provided or
used by the Provider as part of its performance under this Agreement. Provider
represents that the security measures it takes in performance of its obligations under
this Agreement are, and at all times will remain in compliance with all applicable
laws and regulations governing Provider’s access to, use of, and handling of the
City’s Data.
d. If Provider creates a new version of the Services, it must make the new
version available to the City at no additional cost. Provider must also provide the
City with any additional features or functionalities of the Services that it may
develop at no additional cost to the City.
8. Security. Provider must provide a secure environment for all of the City’s
Confidential Information and any hardware and Software (including servers, network and data
components) to be provided or used by Provider as part of its performance under this Agreement.
Provider represents that the security measures it takes in performance of its obligations under this
Agreement are, and will at all times remain in agreement with the industry’s minimum standards.
Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations
under this Agreement constitutes a breach of this Agreement. Additionally, Provider must
contractually require any subcontractors or agents with access to the City’s Confidential
Information to adhere to such Security Best Practices.
9. Indemnity/Waiver of Claims/Insurance. For other than professional services
rendered, to the fullest extent permitted by law, Provider 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
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intentional misconduct of the Provider; or (ii) any negligent, reckless, or intentional misconduct
of any of the Provider’s agents.
For the professional services rendered, to the fullest extent permitted by law, Provider 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 Provider or Provider’s agents or employees.
Such obligations must 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).
Provider’s indemnity under this Section must 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 Provider to assert its right to defense or
indemnification under this Agreement or under the Provider’s applicable insurance policies
required below, the City must 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 Provider 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 the 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.
Provider 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.
These obligations must survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Provider must at Provider’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 Provider in this Section. The insurance coverage must not contain any exclusion
for liabilities specifically assumed by the Provider in this Section.
The insurance must 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. Provider must
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
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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;
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and
Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate.
The above amounts must be exclusive of defense costs. The City must be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General, Employer’s
Liability, Automobile Liability, and Cyber Liability policies. The insurance and required
endorsements must be in a form suitable to City and must include no less than a thirty (30) day
notice of cancellation or non-renewal. Provider must notify City within two (2) business days of
Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s
decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Provider
commencing work.
10. Audit Right. Provider must retain a certified public accounting firm to perform an
annual audit of the Services’ data protection features and to provide a SOC 2 Type II report,
pursuant to the current standards of the American Institute of Certified Public Accountants. In
addition, Provider must annually conduct its own internal security audit and address security gaps.
Provider must give the City a copy of the most current report from each audit conducted within
five (5) business days of receiving the report.
If requested by the City, Provider must, on a bi-annual basis, permit security reviews by the City
on those systems storing or processing City Data, on Provider policies and procedures relating to
the foregoing, including without limitation its information security programs, and permit testing
of all security processes and procedures during the term, including without limitation, penetration
testing.
Provider or its nominee (including its accountants and auditors) may, on reasonable request,
inspect and audit the City's use of the Services under this Agreement at any time during the Term.
The City must make available all books, records, equipment, information, and personnel, and
provide all such cooperation and assistance, as may reasonably be requested by or on behalf of
Provider with respect to such audit.
11. General Use Restrictions. Copies of the Services created or transferred pursuant
to this Agreement are licensed and may only be used as set forth in this Agreement. The City does
not receive any rights to the Services other than those specifically granted in this Agreement and
its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement,
the City and its authorized users must not directly or indirectly copy or reproduce all or any part
of the Services, whether electronically, mechanically or otherwise, in any form including, but not
limited to, the copying of presentation, style or organization, without Provider’s prior written
permission. However, notwithstanding this restriction, the City has the right to reproduce and
distribute any of the Services generated from the City’s Data. Without limiting the above
restriction and right, the City receives no right to and must not:
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a. copy, modify, create derivative works from, distribute, publicly display, or
publicly perform the Application;
b. sublicense or otherwise transfer any of the rights granted to it in this
Agreement and the Scope of Services;
c. reverse engineer, decompile, disassemble, or otherwise attempt to derive
source code or other trade secrets from the Application;
d. remove any proprietary notices from the Services or Documentation; or
e. use the Services or Documentation in any manner or for any purpose that
infringes, misappropriates, or otherwise violates any intellectual property right or
other right of any person, or that violates any applicable law.
12. Independent Contractor Status/Labor Relations. The Parties agree that
Provider is an independent contractor for purposes of this Agreement and is not considered a
City employee for any purpose. Provider 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. Provider is not authorized to represent the City or otherwise
bind the City in any dealings between Provider and any third parties.
13. Resources and Support. Provider must, throughout the Term, make
available such resources, including Provider personnel, as are reasonably required to:
a. train designated employee(s) of the City in the use of the Services;
b. support the obligations of the City provided in Paragraph 6;
c. develop modifications to the Services as agreed to by the Parties in any
exhibit attached to this Agreement; and
d. Provider must provide technical support to the City as described in Exhibit A,
Scope of Services, for the duration of this Agreement.
14. Transition Assistance. The Provider must provide transition assistance to the
City when requested in writing. Upon termination of this Agreement for any reason, including
but not limited to termination for cause, the Provider must assist the City in the orderly transition
to a new Provider. The City must have access to the Provider’s system and the Provider’s
support of that system for up to one (1) year following termination. In this instance, for up to one
(1) year following termination, the City must pay the Provider at its then-current hourly rate(s).
The Provider grants the City a perpetual right to use the Application and Object Code if any one
of the following occurs: (a) Provider’s insolvency, bankruptcy, or involvement in an involuntary
proceeding for protection of its creditors; (b) Provider materially breaches this Agreement and
the City terminates the Agreement; (c) Provider fails to continue development of the Services;
(d) Provider fails to provide the City with the most recent version of the Services contained in
the Application; or (e) any other circumstance whereby Provider can no longer satisfy its
obligation to provide Services to the State under this Agreement.
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15. Limitation of Liability. The Provider's liability for contract damages is limited to
direct damages. The Provider must not be liable for special, incidental, consequential, punitive,
or indirect damages. Damages caused by injury to persons or tangible property, or arising from
any Provider indemnification under this Agreement, are not subject to a cap on the amount of
damages.
16. Fees and Payment. Fees. The City must pay Provider the fees and make all
payments as set forth in the Scope of Services, without offset or deduction. See attached Exhibit
A. Any alteration or deviation from the described Services that involves additional costs above
the Agreement amount will be performed by Provider only upon receiving a written request from
the City. Any alteration or deviation from the Services will become an additional charge over
and above the amount listed in the Scope of Services. The City must agree in writing before
Provider bills for any additional charges.
All Fees and other amounts payable by the City under this Agreement are exclusive of taxes and
similar assessments. The City is responsible for all sales, use, and excise taxes, and any other
similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental
or regulatory authority on any amounts payable by the City as set forth in this Agreement, other
than any taxes imposed on Provider’s income.
17. Confidential Information.
a. From time to time during the Term, a Party to this Agreement may disclose
or make available to the other Party Confidential Information, as defined in Section
1 of this Agreement, about its business affairs. The receiving Party must not
disclose the disclosing Party’s Confidential Information to any person or entity,
except to the receiving Party’s Authorized Users who have a need to know the
Confidential Information for the receiving Party to exercise its rights or perform its
obligations established in this Agreement.
b. Notwithstanding the foregoing, each Party may disclose Confidential
Information to the limited extent required:
i. in order to comply with the order of a court or other governmental
body, or as otherwise necessary to comply with applicable law, provided that the
Party making the disclosure pursuant to the order must first have given written
notice to the other Party;
ii. to establish a Party’s rights under this Agreement, including to
make required court filings; or
iii. to any Authorized User who may need to access Confidential
Information in order to facilitate or execute the purpose of this Agreement.
c. Unless otherwise required by law, each Party must not disclose Confidential
Information to any other third party not otherwise identified in this agreement
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without the other Party’s prior written consent. Each Party’s obligations of non-
disclosure with regard to Confidential Information are effective as of the Effective
Date, and survive this Agreement and do not terminate. However, with respect to
any Confidential Information that constitutes a trade secret (as determined under
applicable law), such obligations of non-disclosure will survive the termination or
expiration of this Agreement for as long as such Confidential Information remains
subject to trade secret protection under applicable law.
d. Each Party must protect Confidential Information with the same degree of
care it uses to protect its own Confidential Information with of similar nature and
importance, but with no less than reasonable care. Each Party agrees to promptly
notify the other Party if there is a misuse or misappropriation of Confidential
Information.
18. Intellectual Property Ownership; Feedback.
a. Provider IP. The City acknowledges that, as between the City and Provider,
Provider owns all right, title, and interest, including all intellectual property rights,
in and to the Provider IP.
b. The City's Data. Provider acknowledges that, as between Provider and the City, the
City owns all right, title, and interest, including all intellectual property rights, in
and to the City's Data. The City grants to Provider a non-exclusive, royalty-free,
worldwide license to reproduce, distribute, and otherwise use and display the City's
Data and perform all acts with respect to the City's Data as may be necessary for
Provider to provide the Services to the City. The City also grants to Provider a non-
exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce,
distribute, modify, and otherwise use and display the City's Data incorporated
within the Aggregated Statistics. Unless the City provides written consent, Provider
must not access or use the City’s Data for any other purpose than as described in
this Agreement.
c. Feedback. If the City or any of its Authorized Users sends or transmits any
communications or materials to Provider by mail, email, telephone, or otherwise,
suggesting or recommending changes to the Provider IP, including without
limitation, new features or related functionality, or any comments, questions,
suggestions, or the like (“Feedback”), Provider may use the City’s Feedback
irrespective of any other obligation or limitation between the Parties governing such
Feedback. The City retains all right, title, and interest in the Feedback.
19. Data Location. Provider must not transfer the City’s Data outside of United States
or the Provider’s location as identified in the first paragraph of this Agreement unless it
receives the City’s prior written consent or unless the transfer is to the Provider’s data center
and such transfer is necessary for the execution of the Services.
20. Access to Data. The City may access and copy any of the City’s Data in Provider’s
possession at any time. Provider must reasonably facilitate such access and copying promptly
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after Customer’s request. In this instance, Provider may charge its reasonable standard fees for
any such access and copying or for any fees related to the de-conversion of data.
21. Deletion of Data. Except as authorized by applicable law, Provider must not erase
the City’s Data or any copy without the City’s prior written consent.
22. Data Incidents. Provider must implement and maintain a program for managing
unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident,
Provider must notify the City, in writing or by phone, within 48-hours of the incident. Provider
must cooperate with the City and law enforcement agencies to investigate and resolve the Data
Incident, including but not limited to providing reasonable assistance to the City in notifying
injured third parties. In addition, if the Data Incident results from Provider’s breach of this
Agreement or negligent or unauthorized act or omission, Provider must compensate the City
for any reasonable expense related to notification of customers and provide one year of credit
monitoring to any affected individual. Provider must give the City prompt access to such
records related to a Data Incident.
23. Functional Warranty. Provider warrants that the Application and Services,
including any modifications that are made by Provider or under Provider’s instructions do not
contain any material defects, and will conform in all material respects to the specifications,
functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the
Documentation, which are all incorporated herein by reference. Provider further warrants that all
post-Acceptance updates, alterations, or modifications to the Services will not materially diminish
the features or functionality of the Application and Services. Provider must promptly correct any
errors identified by the City in the Application and in any modification to the Application at no
cost to the City. If, Provider is unable to correct such errors within 30 days following notification
by the City, then Provider must at the City’s request accept return of the Application and return all
money paid for the Application and maintenance. The City may also pursue any other remedies
available to it under this Agreement or by law or equity.
24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts
to ensure against introduction of any virus into the City’s systems. Provider must immediately
advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may
contain a Virus. If a Virus is found to have been introduced into the City’s systems by the Services
within 30 days after the Effective Date of this Agreement, Provider must repair or replace the
Services within ten (10) business days. If Provider cannot accomplish the foregoing within such
time, then the City must discontinue use of the Services, and Provider must refund all money paid
for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Provider
must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing
the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to
assist the City to the same extent to mitigate and restore such losses. In addition, Provider must
indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses,
and reasonable attorney fees resulting from any such Viruses. The limitation of liability described
in Paragraph 15 does not apply to this indemnification obligation.
25. Remedy for When Services are Subject of a Claim. If any Services furnished are
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likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then
the Provider may request the City accept an alternative Service and the City may agree to one of
the following alternative Services: 1) procure for the City the right to continue using the alleged
infringing Services; 2) modify the Service so that it becomes non-infringing; 3) or replace it with
one that is at least functionally equivalent. If the Provider is unable to any of the above three
remedies, or if the use of the Services by the City is prohibited by an injunction, temporary
restraining order, or other court order, the City must return the Services to the Provider within five
(5) days of receiving Provider’s request in writing. The Provider must then give the City a credit
equal to the amount paid to the Provider for the creation of the Services. The City is not precluded
from seeking other remedies available agreed upon in this Agreement or in equity or law for any
damages it may sustain due to its inability to continue using the Services. The Limitations of
Liability set forth in Paragraph 15 of this Agreement does not apply to Provider’s obligations under
this Section and the City’s right to seek additional remedies arising from Provider’s ‘infringement
of a third party’s IP Rights.
26. Representatives and Notices.
a. City’s Representative. The City’s Representative for the purpose of this
Agreement must be _________________ or such other individual as City must
designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations must be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is
not available, Provider 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. Provider’s Representative. The Provider’s Representative for the purpose of this
Agreement must be _____________________ or such other individual as
Provider must designate in writing. Whenever direction to or communication
with Provider is required by this Agreement, such direction or communication
must be directed to Provider’s Representative; provided, however, that in exigent
circumstances when Provider’s Representative is not available, City may direct
its direction or communication to other designated Provider personnel or agents.
c. Notices. All notices required by this Agreement must be in writing and must be
provided to the Representatives named in this Section. Notices must 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.
27. Miscellaneous.
a. Entire Agreement. This Agreement, together with any other documents
incorporated herein by reference and all related Exhibits, including the Cloud
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Services Questions, constitutes the sole and entire agreement of the Parties with
respect to the subject matter of this Agreement and supersedes all prior and
contemporaneous understandings, agreements, and representations and warranties,
both written and oral, with respect to such subject matter. In the event of any
inconsistency between the statements made in the body of this Agreement, the
related Exhibits, and any other documents incorporated herein by reference, the
following order of precedence governs: 1) this Agreement, excluding its Exhibits;
2) the Exhibits to this Agreement as of the Effective Date; and 3) any other
documents incorporated herein by reference.
b. Permits. Provider must 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.
c. Laws and Regulations. Provider must 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.
d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of
persons performing this Agreement must be on the basis of merit and qualifications.
Provider will have a policy to provide equal employment opportunity in accordance
with all applicable state and federal anti-discrimination laws, regulations, and
contracts. Provider 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. Provider must 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.
Provider 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). Provider must report to the City any violations of the
Montana Equal Pay Act that Provider has been found guilty of within 60 days of
such finding for violations occurring during the term of this Agreement.
Provider must require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
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e. Force Majeure. In no event must a Party to this Agreement be liable to another
Party, or be deemed to have breached this Agreement, for any failure or delay in
performing its obligations under this Agreement, if and to the extent such failure or
delay is caused by any circumstances beyond one Party’s reasonable control,
including but not limited to acts of God, flood, fire, earthquake, explosion, war,
terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns
or other industrial disturbances, or passage of law or any action taken by a
governmental or public authority, including imposing an embargo.
f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider
must 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. Provider acknowledges it is aware of and must 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. The City must have the right to request proof of such compliance
and Provider must be obligated to furnish such proof.
The Provider must be responsible for instructing and training the Provider’s
employees and agents in proper and specified work methods and procedures. The
Provider must provide continuous inspection and supervision of the work
performed. The Provider is responsible for instructing its employees and agents in
safe work practices.
g. Modification and Assignability. This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Provider
may not subcontract or assign Provider’s rights, including the right to compensation
or duties arising hereunder, without the prior written consent of the City. Any
subcontractor or assignee will be bound by all of the terms and conditions of this
Agreement.
h. Reports/Accountability/Public Information. Provider agrees to develop and/or
provide documentation as requested by the City demonstrating Provider’s
compliance with the requirements of this Agreement. Provider must allow the City,
its auditors, and other persons authorized by the City to inspect and copy its books
and records for the purpose of verifying that the reimbursement of monies
distributed to Provider pursuant to this Agreement was used in compliance with
this Agreement and all applicable provisions of federal, state, and local law. The
Provider must not issue any statements, releases or information for public
dissemination without prior approval of the City.
i. 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.
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j. 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
must 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.
k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
l. Dispute Resolution.
i. Any claim, controversy, or dispute between the Parties, their agents, employees,
or representatives must 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.
ii. 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.
m. Survival. Provider’s indemnification must survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
n. Headings. The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the
particular paragraphs to which they refer.
o. Severability. If any portion of this Agreement is held to be void or unenforceable,
the balance thereof must continue in effect.
p. Applicable Law. The Parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
q. Binding Effect. This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the Parties.
r. 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.
s. 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.
- page 17 of 16 -
t. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
u. 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 ****
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date.
PROVIDER
City of Bozeman
By:_______________________________
Name: ____________________________
Title: _____________________________
By:_______________________________
Name: ____________________________
Title: _____________________________
Attachment C
City of Bozeman Cloud Services Questionnaire
Cloud Services Questions
1) Service Levels: What level of service should we expect? What is the City’s recourse for excessive
downtime? Refund of percentage of monthly fee?
2) Data Ownership: Who owns the data we provide and what can be done with the data?
3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by
WCAG (Web Content Accessibility Guidelines) standards.
4) Data Security: How secure is our data and how is it being kept secure?
a. If this is a multi-tenant environment on the same hardware how is our data kept separate and
secure from other customers, including any PII (Personally Identifiable Information) that may be
gathered?
b. If PII is gathered, is it encrypted in transit and at rest?
c. If credit card transactions are occurring is your system fully PCI compliant?
5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity?
6) We require data centers to be located in the United States: What country will our data be located in?
7) Responding to legal demands to disclose data: What is your process when someone subpoenas or
requests our data from you as a vendor?
8) Reporting: What is your protocol for data breaches?
9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters?
10) Business Continuity/Exit: If you decide to bring your business to an end or we end our relationship
what happens to our data? If you give us a copy of our data, what format options will there be for our
data and what assistance will you provide getting our data to us?
11) Termination rights and consequences: What is your termination policy both for you as a vendor and
us as a customer?
Questionnaire Completed by:____________________________ Date:_________________
Attachment D
2023 and 2024 SS4A Applications
SS4A Planning and Demonstration Grant Application (CFDA #20.939)
City of Bozeman, MT
Background
In 2022, the Bozeman City Commission adopted the Bozeman Streets Are For Everyone (SAFE)
Action Plan following the tragic death of two members of the community while riding bicycles.
This leadership set the vision for how the city will move forward implementing a Safe Systems
Approach with an explicitly stated goal of eliminating serious injury and fatal crashes on the
streets of Bozeman. To strengthen this effort, the City of Bozeman is applying for a Safe Streets
and Roads for All Planning and Demonstration Grant to complete a Comprehensive Safety
Action Plan.
Selection Criteria #1: Safety Impact
As shown by the USDOT’s National Roadway Safety Strategy, Bozeman has a strong culture of
safety demonstrated by our low percentage of roadway fatalities. The most recent FARS data
indicates a 5-year (2017-2021) fatality count of five and a resultant fatality rate of 1.87.
However, we remain one of the fastest growing areas of the country with a population expected
to double over the coming decade and require a concerted effort to welcome more into our
community while reinforcing our commitment to safety for all.
Selection Criteria #2: Equity
The Action Plan will be guided by the Engage Bozeman Initiative which was adopted by the City
Commission in 2021. The plan will conform to our Belonging in Bozeman – Equity and
Inclusion Plan to ensure that equity is centered in the planning efforts undertaken by the Action
Plan. While traditional measures indicate 4.88% of our population resides in underserved census
tracts, Belonging in Bozeman addresses a growing need to reach those dispersed throughout our
community who currently lack support. Of particular concern in Bozeman is a recent drastic
increase in housing costs that has resulted in an increase in population of unhoused and housing-
insecure. Using data and input from equity stakeholders, Bozeman will select strategies and
projects to directly address the roadway safety problems that protect those in our community
who choose or need transport other than car.
Selection Criteria #3: Additional Safety Context
Plan development will be founded on analysis of existing conditions including locations,
severity, contributing factors, and crash types for all road users. The safety analysis will include
evaluation of systemic safety needs by user type. Goals will ultimately include identification of
high-crash and high-injury routes and intersections as well as suggested countermeasures to
address the identified safety concerns. Of particular interest will be strategies for arterial speed
management and intersection safety.
If awarded, the City of Bozeman will use a portion of the SS4A funds to hire a consultant to
assist city staff in the development of the Safety Action Plan. The city Transportation Board will
assist City Commission in oversight of the plan which will be led by the city’s Department of
Transportation and Engineering. Robust public engagement will be provided through all phases
of planning by developing a project-specific Engagement Plan using our Engage Bozeman
Initiative.
Action plan strategies and projects will be incorporated into the Bozeman Long Range
Transportation Plan (TMP). The TMP serves as the guiding document for development of the
city’s Capital Improvement Plan, under which a project is required to be identified before it can
be budgeted for construction. The inclusion of this sub-plan directly in the TMP will be a first for
the city and signal our commitment to funding necessary safety projects that come out of the
Action Plan.
Additionally, the City of Bozeman recently crossed the population threshold to become an MPO.
As such, the City of Bozeman, Gallatin County, and the City of Belgrade are currently advancing
toward MPO designation. The work of developing this Action Plan will be leveraged in the
development of the MPO Long Range Transportation Plan and the Unified Planning Work
Program. By incorporating the efforts of the Action plan into these guiding documents of the
MPO, the investment into the Action Plan will be realized across the MPO planning area,
extending the impact of the investment.
Supplemental Planning/ Demonstration Activities
The City of Bozeman will use grant funding to purchase and install advanced technology at key
signalized intersections to collect supplemental data and to demonstrate strategies that aim to
eliminate serious injury and fatal crashes. The addition of ITS equipment to existing signal
systems will enable the Bozeman to collect data on red light running, speeding, and near misses.
Montana state law prohibits the use of cameras for enforcement, increasing the need for data
collection on speeding and red light running to help inform Action Plan strategies to mitigate
these safety problems. Implementation of these demonstration activities will proceed
immediately upon execution of the grant agreement. Procurement and installation of the
equipment will be complete within 6 months of the agreement. Initial data collection will be for
3 months. Based on the data collected, demonstration strategies will be identified and
implemented over a period of 3 months. Data to evaluate the strategies will be collected for 3
months. Results of the demonstration projects will build evidence related to strategies that are
effective in eliminating identified safety problems. The total time for the supplemental planning
and demonstration activities is 15 months and will take place concurrently with the development
of the Action Plan. With an anticipated agreement date of January 1, 2024, the demonstration
project implementation will be complete by April 1, 2025.
Budget Discussion
The City of Bozeman will use $150,000 of Federal funds to hire a consultant to assist city staff in
the Action Plan development process. Additionally, we request $50,000 in Federal demonstration
activity funds to purchase hardware and software that will enable advanced technology traffic
signal safety data collection and analysis, as described above. The cost of the hardware is
anticipated to be $62,500 and the software is $37,500. The City’s contribution of $50,000 will
cover the balance of those costs, bring the total project budget to $250,000.
SS4A Planning and Demonstration Grant Application (CFDA #20.939)
City of Bozeman, MT
Background
In 2022, the Bozeman City Commission adopted the Bozeman Streets Are For Everyone (SAFE)
Action Plan following the tragic death of two members of the community while riding bicycles.
This leadership set the vision for how the city will move forward implementing a Safe Systems
Approach with an explicitly stated goal of eliminating serious injury and fatal crashes on the
streets of Bozeman. To strengthen this effort, the City of Bozeman is applying for a Safe Streets
and Roads for All Planning and Demonstration Grant to complete a Comprehensive Safety
Action Plan.
Supplemental Planning and Demonstration Activity Budget Discussion
The City of Bozeman requests $150,000 of Federal funds to hire a consultant to assist city staff
with the development of an Action Plan development. The City of Bozeman requests $50,000 in
Federal demonstration activity funds to purchase hardware and software to enhance the City’s
data collection efforts. The addition of ITS equipment to existing signal systems will enable
Bozeman to collect data on red light running, speeding, and near misses. The City will
implement demonstration strategies that address the specific safety problems identified and
utilize this new equipment to collect follow up data to evaluate each strategy. The results of these
demonstration activities will inform the development of the Action Plan and will build evidence
around counter measures that work. The cost of the hardware is anticipated to be $62,500 and the
software is $37,500. Coupled with the $50,000 in Federal demonstration activity funds, the City
contribution of $50,000 will cover the anticipated $100,000 cost to demonstrate the technology
and evaluate the identified strategies.
Budget Summary
Federal Action Planning Funds $150,000
Federal Demonstration Activity Funds $50,000
Total Federal Funds Request $200,000
Applicant Funds (Non-Federal) $50,000
Total Project Budget $250,000
VERSION 5.6, RELEASED MAY 19, 2023
Report Generated: Tuesday, June 20, 2023 (3:13:00 PM)
1Fatality Analysis Reporting System (FARS): 2017-2020 Final File and 2021 Annual Report File (ARF)
Data Sources:
National Highway Traffic Safety Administration (NHTSA) Motor Vehicle Crash Data Querying and Reporting
Fatal Motor Vehicle Crashes
State: Montana and City: Bozeman
Years: 2017-2021
Fatal Motor Vehicle Crashes 1
Crash
Date
(Year)Crash Date (Month)
January March July August December Total
2019 0 0 0 0 1 1
2021 1 1 1 1 0 4
Total 1 1 1 1 1 5
City of Bozeman Supplemental Planning and Demonstration Project
SS4A Planning and Demonstration Grant Application (CFDA #20.939)
Overview
In 2022, the Bozeman City Commission adopted the Bozeman Streets Are For Everyone (SAFE)
Action Plan which set the vision for how the city will move forward implementing a Safe
Systems Approach. In 2023, the City of Bozeman applied for and received a Safe Streets and
Roads for All Planning and Demonstration Grant to develop a Comprehensive Safety Action
Plan in support of the vision established in the SAFE plan. Details of the activities included in
that project can be found in the attached application from 2023.
The City’s proposed 2024 SS4A Supplemental Planning and Demonstration Project will
supplement those planning and demonstration activities by funding expanded data analysis, data
collection equipment, and additional consultant support to complete the full scope of Action Plan
development.
Supplemental Planning Activity #1 proposes to fund the implementation of a safety data
platform for three years during and immediately following the completion of our Action Plan.
The City seeks an innovative platform to bring together crash data with additional data such as
demographic information, travel speeds, or near miss information. Utilizing this platform will
enable Bozeman to establish a more holistic view of our high injury network, better identify
safety issues, evaluate countermeasures, and then track progress toward the goals identified in
the Action Plan. This three-year use seeks to establish the value of this innovative technology
with the intent of securing support for local funding to continue and expand its use in the future.
Supplemental Planning Activity #2 proposes to fund additional consultant support for
development of the Action Plan. Bozeman has seen a dramatic rise in consultant costs since our
2023 application was submitted and may not be able to complete the full intended scope of the
plan without additional funding. The requested supplemental funds will help to offset this
increase in cost as well as ensuring that we can fully incorporate the additional data and
expanded analysis capabilities into the Action Plan.
Finally, Demonstration Activity #1 proposes to purchase and install advanced safety data
collection equipment at an additional four key signalized intersections. These installations will
collect data on red light running, speeding, and near misses and demonstrate strategies that aim
to eliminate serious injury and fatal crashes. As Bozeman grows this increased capacity for data
collection and analysis becomes even more critical.
Location
Bozeman, Montana, located in Gallatin County in southwest Montana, is well-known for
recreational amenities, access to national parks, and a high-performing university. These
resources have drawn explosive growth and soaring housing prices: from 2020 to 2022,
Bozeman’s grew at a rate of 5.3%, making it the fastest growing micropolitan city in the country.
With the 2020 Census, Bozeman crossed the threshold for a metropolitan planning organization
(MPO) and the Gallatin Valley MPO was designated in January of 2024.
Response to Selection Criteria
Selection Criteria #1: Safety Impact
As shown by the USDOT’s National Roadway Safety Strategy, Bozeman has a strong culture of
safety demonstrated by our low percentage of roadway fatalities. The most recent FARS data
indicates a 5-year (2017-2021) fatality count of five and a resultant fatality rate of 1.87.
However, we remain one of the fastest growing areas of the country with a population expected
to double over the coming decade. The supplemental funding requested for this project supports
Bozeman’s capacity to deliver a holistic, data driven Action Plan that will guide growth while
reinforcing our commitment to safety for all.
Selection Criteria #2: Equity
All activities funded through the supplemental planning and demonstration grant will be guided
by the Engage Bozeman Initiative which was adopted by the Bozeman City Commission in
2021. All activities will conform to our Belonging in Bozeman – Equity and Inclusion Plan to
ensure that equity is centered in the efforts undertaken. While traditional measures indicate
4.88% of our population resides in underserved census tracts, Belonging in Bozeman addresses a
growing need to reach those dispersed throughout our community who currently lack support.
The implementation of a safety data platform will enhance the ability to analyze the collected
safety data. Including data such as household income or access to vehicles in the analysis will
ensure the Action Plan centers equitable investment in the safety needs of underserved
communities.
Selection Criteria #3: Additional Safety Context
Since applying for an SS4A Planning and Demonstration grant in 2023, Bozeman has identified
additional opportunities to bring emerging and innovative technology to the development of the
Action Plan. Through the utilization of big data and machine learning, safety data platforms have
been developed that generate predictive safety analysis. These platforms can layer demographic
data with traditional crash and other safety data, to enable a more holistic evaluation. Utilization
of safety data platforms promotes equity in the in the assessment of and investment in safety
needs to prevent fatalities and injuries in underserved communities.
The supplemental planning funds will support additional engagement with both public and
private stakeholders around the utilization of the safety data platform and the opportunities it
brings to center equity in the development of the plan.
Bozeman is a key member of the recently designated Gallatin Valley MPO. The additional data
collection equipment and the safety data platform can be leveraged in the development of the
MPO’s Long Range Transportation Plan and the Unified Planning Work Program to ensure that
the safety components of these documents are supported by robust data that will evolve along
with the MPO and the City. By incorporating the supplemental planning and demonstration
efforts into the guiding documents of the MPO, the impact of this investment will be realized
across the wider geographical area of the MPO planning area.
2024 City of Bozeman SS4A Planning and Demonstration Grant Supplemental Budget
Activities SS4A Funding Request Total Project Cost
Subtotal Budget to Develop an Action Plan $0.00 $0.00
Supplemental Planning Activity #1 $115,200.00 $144,000.00
Supplemental Planning Activity #2 $80,000.00 $100,000.00
Supplemental Planning Activity #3 $0.00 $0.00
Subtotal Budget to Conduct Supplemental Planning $195,200.00 $244,000.00
Demonstration Activity #1 $80,000.00 $100,000.00
Demonstration Activity #2 $0.00 $0.00
Subtotal Budget to Carry Out Demonstration Activities $80,000.00 $100,000.00
Itemized Estimated Costs to Develop an Action Plan
Itemized Estimated Costs to Conduct Supplemental Planning
Itemized Estimated Costs to Carry Out Demonstration Activities
The City of Bozeman requests a total of $275,200 in SS4A Planning and Demonstration supplemental funding to support the development of
a Comprehensive Safety Action Plan. Bozeman will contribute $68,800 in matching funds to bring the project total to $344,000.
The request includes a total of $195,200 in SS4A Supplemental Planning funds. The City will contribute $48,800 in matching funds bringing
the subtotal for Supplemental Planning activities to $244,000. Supplemental Planning Activity #1 is the implementation of a safety data
platform. The estimated budget includes initial implementation and three years of software as service support for the platform. Supplemental
Planning Activity #2 is for consultant support to complete the full scope of the City’s SS4A Action Plan development.
Bozeman also requests $80,000 in SS4A Supplemental Demonstration Activity funds to purchase additional ITS hardware and software that
will expand the City’s ability to collect safety data at signalized intersections. The City will contribute $20,000 in matching funds bringing
the subtotal for Supplemental Demonstration Activities to $100,000.
City of Bozeman SS4A Supplemental Planning & Demonstration Grant
City of Bozeman
City of Bozeman, Montana, Earthstar Geographics
City_Limits
Montana DOT Routes
NI-NHS
Urban
Secondary
Primary
Interstate
Street Classification (future)
Principal Arterial
Minor Arterial
Collector
5/16/2024
0 1 20.5 mi
0 1.5 30.75 km
1:72,224
To start use selectors, search, or zoom
For additional instructions click the arrow on the left side of the page
State Selector
Montana
County Selector
Select State First
Community Selector
Bozeman, City of (MT)
MPO Selector
All MPOs
Bozeman GIS, Montana State Library, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, USFWS | DO…Powered by Esri
Legend
DOT Disadvantage Census TractsNational Results
No
Yes
Insufficient Data
CEJST v1.0 Disadvantaged Tracts
CEJST Disadvantaged
Total Population Living in theSelectedProjectArea
72.6k
Total Population Living in Disadvantaged CensusTractsintheSelectedProjectArea
2.6k
% of Disadvantaged Census Tracts in the
Selected Project Area
6%
- Component Scores are distinct from Indicator Scores. For more information please see - Understanding the Data.
- Index scores for Alaska, Hawaii and the territories are calculated separately due to unavailable data for certain indicators. The Explorer visualizes unavailable indicator data as '0' values.
- If viewing on a laptop and the dashboard does not display properly- right click on your desktop, select display options, and adjust the zoom to an appropriate resolution (usually 100%).
Overall Disadvantage Component Scores - Percentile Ranked
35%
38%
29%
41%
65%
Climate & Disaster Risk Burden
Environmental Burden
Health Vulnerability
Social Vulnerability
Transportation InsecurityComponents
0%20%40%60%80%100%
Disadvantaged
Relatively Low <-----> Relatively High
Climate & Disaster Risk Burden - Percentile Rank
30%
41%
46%
AnticipatedChanges inExtremeWeather
AnnualizedDisasterLosses
ImperviousSurfaces(from LandCover)Indicator0%20%40%60%80%100%
Disadvantaged
Relatively Low <-----> Relatively High
Click on the tab above to change component category. Once selectors are used, click button to reset map ----->
Climate & Disaster
ETC Explorer - Homepage ETC Explorer - National Results ETC Explorer - State Results ETC Explorer- Add Your Data (National and State Results)Transportation Insecurity Analysis Tool Understanding the Data
USDOT Equitable Transportation Community (ETC) Explorer
VERSION 7.2, RELEASED APR 01, 2024
Report Generated: Tuesday, May 14, 2024 (2:28:18 AM)
1Fatality Analysis Reporting System (FARS): 2017-2021 Final File
Data Sources:
National Highway Traffic Safety Administration (NHTSA) Motor Vehicle Crash Data Querying and Reporting
Fatal Motor Vehicle Crashes
State: Montana and City: Bozeman
Years: 2017-2021
Fatal Motor Vehicle Crashes1
Crash
Date
(Year)Crash Date (Month)
January March July August December Total
2019 0 0 0 0 1 1
2021 1 1 1 1 0 4
Total 1 1 1 1 1 5
Attachment E
Exhibits to FHWA Grant Agreements Under SS4A
U.S. DEPARTMENT OF TRANSPORTATION
EXHIBITS TO FHWA GRANT AGREEMENTS UNDER THE FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT PROGRAM June 13, 2024
Revised: March 17, 2025
A-1
EXHIBIT A APPLICABLE FEDERAL LAWS AND REGULATIONS
By entering into this agreement for a FY 2024 Safe Streets and Roads for All Grant, the Recipient assures and certifies, with respect to this Grant, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project. Performance under this
agreement shall be governed by and in compliance with the following requirements, as
applicable, to the type of organization of the Recipient and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following: General Federal Legislation
a. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq.
b. Hatch Act – 5 U.S.C. 1501, et seq. c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42 U.S.C. 4601, et seq. d. National Historic Preservation Act of 1966 - Section 106 – 54 U.S.C. 306108
e. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq.
f. Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq. g. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq. h. Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344 i. Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. 1536
j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq.
k. Flood Disaster Protection Act of 1973 - Section 102(a) – 42 U.S.C. 4012a l. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. m. American Indian Religious Freedom Act, P.L. 95-341, as amended n. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq.
o. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, P.L. 91-616, as amended – 42 U.S.C. 4541, et seq. p. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C. 290dd through 290dd-2 q. Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq.
r. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 – 42 U.S.C.
8373 s. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq. t. Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145 u. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq.
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq.
w. Federal Water Pollution Control Act, as amended – 33 U.S.C. 1251-1376 x. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq. y. Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq. z. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through
1683 and 1685 through 1687
aa. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794 bb. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq.
cc. Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C.
A-2
1101 -1104, 541, et seq. dd. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and
Financial Transactions – 31 U.S.C. 1352
ee. Freedom of Information Act – 5 U.S.C. 552, as amended ff. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855 gg. Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq. hh. Noise Control Act of 1972 – 42 U.S.C. 4901, et seq.
ii. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq.
jj. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C. 401 and 525 kk. Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303 ll. Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended – 42 U.S.C. 9601, et seq.
mm. Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26 nn. Wilderness Act – 16 U.S.C. 1131-1136 oo. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. 6901, et seq.
pp. Migratory Bird Treaty Act – 16 U.S.C. 703, et seq.
qq. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub. L. 109–282, as amended by section 6202 of Public Law 110–252) rr. Cargo Preference Act of 1954 – 46 U.S.C. 55305 ss. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. 115-232
Executive Orders a. Executive Order 11990 – Protection of Wetlands b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs
d. Executive Order 12549 – Debarment and Suspension e. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers f. Executive Order 14025 – Worker Organizing and Empowerment
g. Executive Order 14149, Restoring Freedom of Speech and Ending Federal Censorship
h. Executive Order 14154, Unleashing American Energy i. Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing j. Executive Order 14168 Defending Women from Gender Ideology Extremism and
Restoring Biological Truth to the Federal Government
k. Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity Presidential Policy Directives and Memorandums
a. Presidential Policy Directive 21 – Critical Infrastructure Security and Resilience
b. National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Systems
A-3
General Federal Regulations a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards – 2 C.F.R. Parts 200, 1201
b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 c. Investigative and Enforcement Procedures – 14 C.F.R. Part 13 d. Procedures for predetermination of wage rates – 29 C.F.R. Part 1 e. Contractors and subcontractors on public building or public work financed in whole or
part by loans or grants from the United States – 29 C.F.R. Part 3
f. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R. Part 5
g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and federally assisted contracting requirements) – 41 C.F.R. Parts 60, et seq. h. New Restrictions on Lobbying – 49 C.F.R. Part 20 i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation –
Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21
j. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 C.F.R. Part 24 k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 C.F.R. Part 25
l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27 m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 C.F.R. Part 35
n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities
Conducted by the Department of Transportation – 49 C.F.R. Part 28 o. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 C.F.R. Part 30 p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49
C.F.R. Part 32
q. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 C.F.R. Parts 37 and 38 r. Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs – 49 C.F.R. Part 26 (as applicable under section 18.3 of
this agreement) Office of Management and Budget Circulars a. Any applicable OMB Circular based upon the specific FY 2024 Safe Streets and Roads
for All Grant Recipient.
Highway Federal Legislation a. Agreements relating to the use of an access to rights-of-way—Interstate System, 23
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U.S.C. 111 b. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant
that do not receive funding under Title 23 or Chapter 53 of Title 49)
c. Tolls, 23 U.S.C. 301 (to the extent the recipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166. d. Efficient Environmental Reviews - 23 U.S.C. 139 e. Policy on lands, wildlife and waterfowl refuges, and historic sites - 49 U.S.C. 303
Federal Highway Regulations a. Planning – 23 C.F.R. Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) b. National Highway System Design Standards – 23 C.F.R. Part 625
c. Location and Hydraulic Design of Encroachments on Flood Plains – 23 C.F.R. Part 650
Subpart A d. Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655 e. Environmental Impact and Related Procedures – 23 C.F.R. Part 771 f. Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section
4(f)) – 23 C.F.R. Part 774
g. Permitting Requirements under the National Pollutant Discharge Elimination System – 40 C.F.R. Part 122 Specific assurances required to be included in the FY 2024 Safe Streets and Roads for All Grant
agreement by any of the above laws, regulations, or circulars are hereby incorporated by
reference into this agreement.
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EXHIBIT B ADDITIONAL STANDARD TERMS
TERM B.1 TITLE VI ASSURANCE (Implementing Title VI of the Civil Rights Act of 1964, as amended)
ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementing the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities
Act, as amended)
49 C.F.R. Parts 21, 25, 27, 37, and 38
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A
By signing and submitting the Technical Application and by entering into this agreement under the FY 2024 Safe Streets and Roads for All (SS4A) grant program, the Recipient HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration (FHWA), it
is subject to and will comply with the following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and
“Regulations,” respectively.
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General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the
Recipient receives Federal financial assistance from DOT, including the FHWA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope
and coverage of these non-discrimination statutes and requirements to include all programs and
activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with
and gives the following Assurances with respect to its Federally assisted FY 2024 SS4A grant program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23
(b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an “activity”) facilitated, or
will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests
For Proposals for work, or material subject to the Acts and the Regulations made in connection with the FY 2024 SS4A Grant and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The Recipient, in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations,
hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for an award.”
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3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of
this Assurance, as a covenant running with the land, in any future deeds, leases, licenses,
permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are
found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements
imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
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By signing this ASSURANCE, the Recipient also agrees to comply (and require any sub-
recipients, contractors, successors, transferees, and/or assignees to comply) with all applicable
provisions governing the FHWA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA. You must keep records, reports, and submit the material for review upon request to FHWA, or its designee in a timely,
complete, and accurate way. Additionally, you must comply with all other reporting, data
collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal
financial assistance extended after the date hereof to the recipients by the U.S. Department of
Transportation under the FY 2024 SS4A grant program. This ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors’, transferees, successors in interest, and any other participants in the FY 2024 SS4A grant program.
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APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation made by the contractor for
work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information required
of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor
complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
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thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
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APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Specific Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), the
Consolidated Appropriations Act, 2024, Pub. L. No. 118-122 (Mar. 9, 2024) , the Regulations for
the Administration of FY 2024 SS4A grant program, and the policies and procedures prescribed by the Federal Highway Administration (FHWA) of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining
to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein
contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns.
The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby
covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the
Recipient will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be
amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination
conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the
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absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
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APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a):
A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (Recipient,
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services
in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, Recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
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APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Recipient pursuant to the provisions of Specific
Assurance 7(b):
A. The (Recipient, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant
running with the land”) that (1) no person on the ground of race, color, or national origin,
will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination, (3) that the (Recipient, licensee, lessee,
permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Non-discrimination covenants, Recipient will have the right to terminate the (license, permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination
covenants, Recipient will there upon revert to and vest in and become the absolute property of Recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
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APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms “programs or activities” to include all of the programs or activities of the
Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq).
TERM B.2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS 2 C.F.R. Parts 180 and 1200
These assurances and certifications are applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements,
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consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 C.F.R. Parts 180 and 1200.
By signing and submitting the Technical Application and by entering into this agreement under the FY 2024 SS4A grant program, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants in the FY 2024 SS4A Grant, as set out below.
1. Instructions for Certification – First Tier Participants:
a. The prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective first tier participant
shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from
participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the contracting agency may
terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances. e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are
defined in 2 C.F.R. Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered
transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of
Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers to any
participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
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g. The prospective first tier participant further agrees by submitting this proposal that it will
include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transactions,” provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of
its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require the establishment of a
system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it
and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
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(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior
FHWA approval or estimated to cost $25,000 or more - 2 C.F.R. Parts 180 and 1200) a. The prospective lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,” “ineligible,”
“participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors
and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
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f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant
may, but is not required to, check the System for Award Management website
(https://www.sam.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
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TERM B.3 REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW
As required by sections 744 and 745 of Title VII, Division E of the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022), and implemented through USDOT Order 4200.6, the funds provided under this award shall not be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that: (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the
Government.
The Recipient therefore agrees: 1. Definitions. For the purposes of this exhibit, the following definitions apply:
“Covered Transaction” means a transaction that uses any funds under this award and that is a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan guarantee.
“Felony Conviction” means a conviction within the preceding 24 months of a felony
criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559.
“Participant” means the Recipient, an entity who submits a proposal for a Covered
Transaction, or an entity who enters into a Covered Transaction. “Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability.
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2. Mandatory Check in the System for Award Management. Before entering a Covered Transaction with another entity, a Participant shall check the System for Award Management
(the “SAM”) at http://www.sam.gov/ for an entry describing that entity.
3. Mandatory Certifications. Before entering a Covered Transaction with another entity, a Participant shall require that entity to:
(1) Certify whether the entity has a Tax Delinquency; and
(2) Certify whether the entity has a Felony Conviction. 4 Prohibition. If
(1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a Federal Conviction; (2) an entity provides an affirmative response to either certification in section 3; or
(3) an entity’s certification under section 3 was inaccurate when made or became inaccurate after being made then a Participant shall not enter or continue a Covered Transaction with that entity unless
the USDOT has determined in writing that suspension or debarment of that entity are not
necessary to protect the interests of the Government. 5. Mandatory Notice to the USDOT.
(a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or
a Felony Conviction, the Recipient shall notify the USDOT in writing of that entry. (b) If a Participant provides an affirmative response to either certification in section 1, the Recipient shall notify the USDOT in writing of that affirmative response.
(c) If the Recipient knows that a Participant’s certification under section 1 was inaccurate when made or became inaccurate after being made, the Recipient shall notify the USDOT in writing of that inaccuracy.
6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and subawards,
the Recipient shall: (1) require the SAM check in section 2;
(2) require the certifications in section 3;
(3) include the prohibition in section 4; and
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(4) require all Participants to notify the Recipient in writing of any information that would require the Recipient to notify the USDOT under section 5.
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TERM B.4 RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING
(a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the executive order.
For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for use on a local, State or Federal roadway, but does not include a military design motor vehicle or any other vehicle excluded under Federal Management Regulation 102-34-15.
For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign, another traffic control device, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain
stationary.
For the purpose of this Term B.4, “Text messaging” means reading from or entering data into any handheld or other electronic device (including, but not limited to, cell phones, navigational tools, laptop computers, or other electronic devices), including for the purpose of Short Message
Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or
engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless this practice is prohibited by State or local law. The term also does not include glancing at or
listening to a navigational device that is secured in a commercially designed holder affixed to the
vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to remain stationary.
For the purpose of this Term B.4, the “Government” includes the United States Government and
State, local, and tribal governments at all levels. (b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text
Messaging While Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and
subcontractors are encouraged to: (1) adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving— (i) Company-owned or -rented vehicles or Government-owned, leased or rented
vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
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(2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as—
(i) Establishment of new rules and programs or re-evaluation of existing programs
to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
(c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the
substance of this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this award that exceed the micro-purchase threshold, other than contracts and subcontracts for the acquisition of commercially available off-the-shelf items.
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EXHIBIT C QUARTERLY PERFORMANCE PROGRESS REPORTS:
FORMAT AND CONTENT 1. Purpose. The purpose of the Quarterly Performance Progress Reports under this agreement for the FY 2024 SS4A grant program is to ensure that the project scope, schedule, and budget will be maintained to the maximum extent possible.
2. Format and Content. The Recipient shall produce a quarterly cost, schedule, and status report that contains the sections enumerated in the following list. The first Quarterly Performance Progress Report should include a detailed description of the items funded.
(a) Project Information. This section provides the name of the project, the State, the
federal agency to which the report is submitted, submission date, award number, name of the recipient, report year and quarter and NOFO funding year. (b) Project Overall Status. This section provides an overall status of the project’s scope,
schedule and budget. The Recipient shall note and explain any significant activities
and issues, action items and outstanding issues. i. Project Significant Activities and Issues. This section provides highlights of key activities, accomplishments, and issues occurring on the project during the
previous quarter. Activities and deliverables to be reported on should include
meetings, audits and other reviews, design packages submitted, advertisements, awards, construction submittals, construction completion milestones, submittals related to any applicable IIJA or NOFO requirements, media or Congressional inquiries, value engineering/constructability reviews, and other items of
significance.
ii. Action Items/Outstanding Issues. This section should draw attention to, and track the progress of, highly significant or sensitive issues requiring action and direction to resolve. The Recipient should include administrative items and
outstanding issues that could have a significant or adverse effect on the project’s
scope, schedule, or budget. Status, responsible person(s), and due dates should be included for each action item/outstanding issue. Action items requiring action or direction should be included in the quarterly status meeting agenda. The action items/outstanding issues may be dropped from this section upon full
implementation of the remedial action, and upon no further monitoring
anticipated. (c) Milestones. This section documents progress of the milestones outlined in Section 3.2. The Recipient should include the baseline date (when the project is projected to
begin) of each milestone, amendments to those dates (if applicable) and the
actual/expected date of completion. There are Milestone charts for action plans, supplemental planning activities, demonstration activity projects and implementation (both construction and non-construction) projects.
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EXHIBIT D FORM FOR SUBSEQUENT OBLIGATION OF FUNDS
The USDOT and [recipient name] entered a grant agreement for the [project name] that was
executed by the USDOT on [date of USDOT signature on original agreement] (the “Agreement”).
This instrument obligates [$XXX] for [insert portion of project listed in the Agreement].
[Recipient name] states that:
(1) the Agreement accurately describe the Project’s activities;
(2) for each completion date listed in the Agreement, the Recipient’s estimate for that milestone is not more than six months after the date listed in the Agreement;
(3) comparing the Project’s current budget with the amounts listed in the Agreement, the “Non-Federal Funds” amount has not decreased and the total eligible project
costs amount has not decreased; and
(4) under the terms of article 21 of the General Terms and Conditions, the Recipient is not presently required to request a modification to the Agreement.
[Recipient name] acknowledges that USDOT is acting in reliance on the Recipient’s statements above.
Date
By: Signature of Recipient’s Authorized Representative [insert name]
Name
[insert title]
Title
D-2
The USDOT has determined that all applicable Federal requirements for obligating these funds are satisfied.
Date By: Signature of USDOT’s Authorized Representative
[insert name]
Name [insert title]
Title