HomeMy WebLinkAbout10-06-2026- City Commission Agendas & Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence or Mindfulness
C. Changes to the Agenda
D. FYI
E. Commission Disclosures
F. Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, October 6, 2026
City Commission meetings are open to all members of the public.
If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at
406.582.3232. Adaptive listening devices and handheld microphones are available for use by audience
members upon request.
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozemanmt.gov or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting. At the direction of the City Commission, anonymous public comments are not distributed to
the City Commission or staff.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item and oral comments are usually limited to three
(3) minutes.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
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Public comment on items within the Consent Agenda will be called for prior to the City
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F.1 Accounts Payable Claims Review and Approval (Edwards)
F.2 Ratify the City Manager's Approval for the State of Montana Department of Transportation
Grant Award for the City of Bozeman Year-Round High Visibility Enforcement
Program.(Grabinski)
F.3 Ratify the acceptance of the 2025 State Homeland Security Program, HazMat Sustainment
Grant Award.(James Short)
F.4 Approve the Final Plat for the Gran Cielo Block 4 Minor Subdivision and Authorize the
Director of Transportation and Engineering and the Director of Community Development to
Execute the Same on Behalf of the City of Bozeman, and authorize the Director of
Community Development to Execute the Improvements Agreements on Behalf of the City of
Bozeman, Application 25698 (Quasi-Judicial)(Garber)
F.5 Authorize the City Manager to Sign a Funding and Local Agency Guidelines (LAG) Agreement
with the Montana Department of Transportation for the 2025 Transportation Alternatives
Flanders Mill Sidewalk Project(Lonsdale)
F.6 Authorize City Manager to Sign Purchase Agreement with SWS Equipment LLC for the
Purchase of One Sewer Jetting Truck(Bearzi)
F.7 Authorize City Manager to Sign Purchase Agreement with Torgerson's Equipment for one
Live Bottom Trailer(Bearzi)
F.8 Authorize the City Manager to Sign Amendment 1 of the Professional Services Agreement
with Morrison Maierle for the Municipal Groundwater Project(Heaston)
F.9 Authorize the City Manager to Sign Amendment 2 to Task Order 2023TE-006 with Sanbell to
Provide Construction Administration and Inspection Services for the West Oak Street and
Ferguson Avenue Intersection Project(Giannetti)
F.10 Clarifying Appointment Terms for the Tax Increment Financing (TIF) Board (Maas)
F.11 Resolution Levying a Special Assessment Upon Benefitted Properties Within Special
Improvement District No. 789 for the Riverside Wastewater Improvements(Hodnett)
G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
Commission vote for approval. Oral comments are usually limited to three (3) minutes.
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name, and state whether you are a resident of the city or a
property owner within the city in an audible tone of voice for the record and limit your comments
to three (3) minutes.
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H. Mayoral Proclamation
H.1 Mayoral Proclamation of Fire Prevention Week 2026 (Morrison)
I. Special Presentation
I.1 70th Session of the Montana State Legislature Special Presentation(DiTommaso )
J. Work Session
J.1 Community Ballot Issues Work Session(Winn)
K. FYI / Discussion
L. Adjournment
Written comments can be located in the Public Comment Repository.
Special presentations typically have neither public nor City Commission comment.
Public comment on all work sessions will be called for prior to the City Commission conducting
discussion. Oral comments are usually limited to three (3) minutes.
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Memorandum
REPORT TO:City Commission
FROM:Serena Axelson, Accounts Payable Clerk
Rhonda Edwards, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented
to the City Commission within one year of the date the claims accrued.
Claims presented to the City Commission under this item have been
reviewed and validated by the Finance Department. The Department has
ensured that all goods and services have been received along with necessary
authorizations and supporting documentation. Please provide approval for
checks dated October 7 and 14, 2026.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 21, 2024
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Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Procurement Coordinator
Hal Richardson, Patrol Captain
Aaron Funk, Controller
Melissa Hodnett, Finance Director
SUBJECT:Ratify the City Manager's Approval for the State of Montana Department of
Transportation Grant Award for the City of Bozeman Year-Round High
Visibility Enforcement Program.
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Ratify the City Manager's Approval for the State of Montana Department of
Transportation Grant Award for the City of Bozeman Year-Round High
Visibility Enforcement Program.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:In April 2026, the Bozeman Police Department submitted a grant application
to the Montana Department of Transportation for a year-round traffic
enforcement officer position. Historically, the City has received this grant for
officer overtime for key mobilization dates throughout the calendar year.
This grant will fund one full-time position for traffic enforcement.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by Commission.
FISCAL EFFECTS:Total expenditures are expected to be $134,745.22. Expenditures will be
made in the General Fund and may require a future budget amendment.
Attachments:
CTS114388_BozemanPD_Year-RoundHVE.pdf
Report compiled on: September 10, 2026
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Standard Agreement
State Highway Traffic Safety Section
This Agreement is made and entered into by and between the MONTANA DEPARTMENT OF TRANSPORTATION, 2701
Prospect Avenue, PO Box 201001, Helena, Montana, Congressional District 2, hereinafter called the “Department” and
City of Bozeman, Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715, hereinafter called the
“Subrecipient”.
ARTICLE 1. PROJECT
Section 1.1 Federal Subrecipient Award Information
All information not included below will be provided by MDT in a supplemental document when the Local Agency submits
its first request for reimbursement.
1. Subrecipient's name: City of Bozeman;
1. Local Agency’s Unique Entity ID: EEAPKALAEM35;
2. Federal Award Identification Numbers (FAINs): 69A37524300004020MT0,
69A37525300004020MT0, 69A37526300004020MTO;
3. Federal Award Date: Federal Fiscal Year 2027 (October 1, 2026 – September 30, 2027);
4. Subaward Period of Performance Start and End Date: October 1, 2026 – September 30,
2027:
5. Subaward Budget Period Start and End Date: October 1, 2026 – September 30, 2027;
6. Amount of Federal Funds Obligated in the subaward: $134,745.22;
7. Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity,
including the current financial obligation: $134,745.22;;
8. Total Amount of the Federal Award committed to the subrecipient by the pass-through
entity: $134,745.22;;
9. Federal Award Project Description: State Highway Safety Grant Programs; 402, State
and Community Highway Safety Programs;
10. Awarding Agency: National Highway Traffic Safety Administration;
11. Assistance Listing Number: 20.600;
12. This Project is not for research and development; and
13. Indirect Cost Rate: If the Local Agency chooses to claim an indirect cost rate for
reimbursement, it must do so in accordance with 2 CFR Part 200.414 and Section E,
Appendices III-VIII. The Local Agency may use the current 15% de minimis indirect cost
rate, unless the Local Agency has an indirect cost rate approved by a cognizant agency
and submits a copy of the indirect cost approval letter to MDT.
Section 1.2 Scope of the Project. The Sub-recipient shall implement and utilize project funding as described in
the FFY2026 Grant Application for Highway Traffic Safety Funding and provided in the objectives from Sub-recipient’s
application. The Sub-recipient shall use its best efforts to efficiently and economically complete the Project.
Section 1.3 Project Description. City of Bozeman Year-Round High Visibility Enforcement Program (see
attachment B for full scope).
Section 1.4 Definitions. (a) “Major item of apparatus or equipment” means an item with a useful life of more
than one year and costing $10,000.00 or more per unit.
(b) “Traffic safety purposes” means a project purpose which meets the State highway safety program, approved
by the Secretary of Transportation, which is designed to reduce traffic crashes and the resulting deaths, injuries, and
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property damage from those crashes.
(c) “Useful life” means the expected, projected or actual period of time during which the equipment continues
to function as designed without significant repair costs.
Section 1.5 Equipment. All equipment, including tools, for which purchase reimbursement is sought, will be
used exclusively for traffic safety purposes. The equipment purchases are subject to the following provisions:
(a) Any major item of apparatus and equipment for which reimbursement is sought and which is not identified
specifically in the Proposal and approved as part of this Agreement shall be submitted in writing for approval by
the Department prior to the purchase.
(b) A major item of apparatus or equipment must be obtained by proper competitive practices in accordance
with State of Montana purchasing laws and regulations.
(c) The Sub-recipient must certify that the equipment costs shown in the Proposal as direct costs are excluded
from the items in the indirect cost calculation, if applicable.
(d) The Sub-recipient agrees to properly title any vehicle or other equipment which requires a title by State
statute, in Sub-recipient’s name.
(e) The Sub-recipient agrees to activate the warranty on any equipment for which a warranty is available.
(f) The Sub-recipient agrees to maintain records of any equipment and make such records and equipment
available for inspection by the Department or its authorized representatives.
(g) The Sub-recipient agrees to maintain the equipment for its stated program purposes for the useful life of the
equipment.
(h) The Sub-recipient agrees to retain ownership and/or title to the equipment for the equipment’s useful life,
and shall not sell, convey or otherwise transfer title or ownership of the equipment to any other governmental
or private party, except as stated in this Agreement.
(i) The Sub-recipient agrees to notify the Department if the equipment is not suited for its stated program
purpose or is not in actual use by Sub-recipient as stated in the Agreement at any time during the useful life of
the equipment. Sub-recipient agrees it shall not discontinue use, abandon, store, or otherwise cease use of the
equipment for any reason whatsoever, unless notification is provided to the Department.
(j) The Sub-recipient agrees that any equipment not in actual use by Sub-recipient during the equipment’s useful
life may be recovered by the Department, and possession (or title where applicable) transferred or conveyed
permanently to the Department for redistribution to other program recipients.
(k) The Sub-recipient agrees that any equipment which reaches the conclusion of its useful life may be disposed
of by Sub-recipient, with prompt notification to the Department.
(l) The Sub-recipient agrees that it shall maintain records of the disposition of the equipment after its useful life,
for a period of three years beyond the disposition date.
Section 1.6 Insurance. During the Agreement term, the Sub-recipient shall maintain insurance or self-insurance
(property damage and liability) adequate to protect the federal share portion of Project facilities and equipment. Sub-
recipient will furnish proof of such insurance for the State's approval. Certificates of Insurance, indicating compliance
with the required coverages, must be filed with the Purchasing Services Bureau within ten (10) working days of notice of
award. This requirement, however, does not pertain to state and local government Sub-recipients. The proof of
insurance/exemption must be valid for the entire agreement period. Agreements will not be issued to Sub-recipients
that fail to submit insurance certification for proof of Workers’ Compensation Insurance valid in the State of Montana or
proof of exemption thereof.
Section 1.7 Reporting/Close-out/Reimbursement Requests. Sub-recipient shall advise the State in writing of
project progress at such times and in such manner as the State may require, see Attachment D, Reporting Schedule.
Reports are due 30 days following the end of the reporting period. The final report shall serve as close-out for contracts.
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Equipment contracts require annual reports throughout the useful life of the equipment. Reimbursement requests will
not be considered unless accompanied by or referring to a submitted progress report.
Section 1.8 Mandatory Disclosures. The Sub-recipient must disclose, in a timely manner, in writing to the
Department all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Federal award. Failure to make required disclosures may result in any of the remedies described in 2 CFR §200.338,
including suspension or debarment, in accordance with 2 CFR §200.113.
Section 1.9 Internal Controls. The Sub-recipient must establish and maintain effective internal controls over the
award that provide reasonable assurance to the Department that the Sub-recipient is managing the award in compliance
with Federal statutes, regulations, and terms and conditions of the Federal award, in accordance with 2 CFR §200.303.
Section 1.10 Single Audit. The Sub-recipient may be subject to the audit requirements of 2 CFR 200 Subpart F if
the audit threshold in 2 CFR 200.501 of $1,000,000 is met. An audit must be conducted in compliance with 2 CFR 200
Subpart F if required. The audit must be completed, and the data collection form and reporting package submitted to
the Federal Audit Clearinghouse within the earlier of 30 calendar days after the receipt of the auditor’s report(s) or nine
months after the end of the audit period. For local governments and school districts, the Sub-recipient will provide the
report to the State of Montana, Department of Administration, Local Government Services Bureau. All other Sub-
recipients such as Tribal Communities and Non-Profit Organizations will provide the report to the State of Montana,
Department of Transportation, Audit Services if audit findings are discovered.
If a subrecipient fails to submit a single audit within the required timelines, MDT will not reimburse the
subrecipient for grant expenditures. Subrecipient should cease project activity unless the subrecipient can incur the
expense without reimbursement. In addition, MDT will be unable to enter into future agreements with the subrecipient
until compliance with this section is completed including any corrective action required is taken.
Section 1.11 Sub-Recipient Monitoring. The Sub-recipient agrees MDT may subject the Sub-recipient to
additional sub-recipient monitoring by the MDT State Highway Traffic Safety Program, at MDT’s discretion, if the Sub-
recipient acts or fails to act in any way that increases the risk of sub-recipient’s inability to comply with the Agreement
and/or federal and state grant requirements.
ARTICLE 2. TERMS AND CONDITIONS
Section 2.1 Default. Nonperformance by the Sub-recipient of any obligation imposed by this Contract, including
noncompliance with the federal assurances, or reduction of local project cost funding, will constitute default.
Section 2.2 Termination. This Agreement may be terminated at any time based upon mutual written consent of
the parties. The Department may terminate this Agreement with or without notice by giving the Sub-recipient ten (10)
business days written notice. If the Agreement is so terminated prior to the end of the Period of Performance, MDT will
only reimburse the Sub-recipient for actual expenses, both direct and indirect, incurred to the date of termination.
Section 2.3 Litigation. In the event of litigation concerning this Agreement, venue shall only be in the First
Judicial District Court of the State of Montana, Lewis and Clark County.
Section 2.4 Agreement Modification. Any change in the Agreement will only be by written agreement of the
Parties.
Section 2.5 Subcontracting. Sub-recipient will not assign, sublet or transfer any part of this Agreement except by
written subcontract, and with the prior written consent of the Department. The Sub-recipient must provide a copy of
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the draft subcontract to the assigned program manager for review and approval prior to finalization. Nothing contained
within this document shall create any contractual relationships between any sub-sub-recipient and the Department.
Section 2.6 Indemnification. Sub-recipient shall indemnify, defend, and hold harmless the State of Montana,
Department of Transportation, its employees and agents from and against all claims, demands, or actions from damages
to property or injury to persons or other damage to persons or entities arising or resulting from the performance of this
Contract, including all costs and attorney fees.
Section 2.7 Compliance with Laws. Some of the clauses contained in this Agreement are not governed solely by
Federal law, but are significantly affected by State law. The laws and regulations cited in this Agreement are not all-
inclusive of those which may apply to the successful completion of this Agreement. The Sub-recipient understands that
it is its responsibility to learn which federal, state and local laws and regulations will apply to its operation under this
Agreement, and that Sub-recipient is solely responsible for its lawful compliance with all laws and regulations, including
those in the attached Non-Discrimination Notice (attachment A).
Section 2.8 Access and Retention of Records. Sub-recipient agrees to provide the Department, USDOT, the
Legislative Auditor or their authorized agent access to any records to determine compliance with this Agreement. The
Sub-recipient agrees to create and retain records supporting this Agreement for a period of three (3) years after the
completion date of the Agreement or at the conclusion of any claim, litigation, or exception relating to this Agreement
taken by the Department or third party.
Section 2.9 Severability and Integration. If any part, or parts, of this Agreement are determined to be void, the
remaining parts will remain valid and operative. This document, together with its schedules, attachments, and exhibits,
represent the complete and entire understanding of the parties on its subject matter. No provision, express or implied,
arising from any prior oral or written request, bid, inquiry, negotiation, contract, or any other form of communication,
shall be a provision of this Agreement unless it is reduced to writing, signed by the parties, and attached to this
document.
Section 2.10 Waivers. A party’s failure to enforce any provision of this Agreement shall not be construed as a
waiver excusing the other party’s future performance.
Section 2.11 Seat Belt Policy. In accordance with Executive Order 13043, Increasing Seat Belt Use in the United
States, dated April 16, 1997, the Subrecipient is encouraged to adopt and enforce on-the-job seat belt use policies and
programs for its employees when operating company-owned, rented, or personally-owned vehicles. The NHTSA is
responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources
on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS),
a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can
download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety
initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics,
campaigns, and program evaluations and references.
ARTICLE 3. FEDERAL REQUIREMENTS
The Sub-recipient understands that this Agreement includes requirements specifically prescribed by Federal law or
regulation. The Sub-recipient acknowledges they have read, understood, and agree to comply with the NHTSA federal
fiscal year 2026 Certifications and Assurances and all Highway Safety Grant (23 U.S.C, Chapter 4) requirements including
applicable federal statutes and regulations that are in effect during the grant period. The Sub-recipient also agrees to
comply with any additional requirements the Department imposes on the Sub-recipient to ensure the federal award is
used in accordance with federal statutes, regulations and the terms and conditions of the federal award.
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Section 3.1. Nondiscrimination. The State highway safety agency (and its subrecipients) will comply with all
Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”).
These include but are not limited to:
• 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 CFR part 21;
• 49 CFR 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 CFR section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights
Act of 1964);
• 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);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• 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 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the
basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens 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 (42 U.S.C. 12131-12189) (prohibits discrimination on
the basis of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing) and 49 CFR parts 37 and 38;
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations”, respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda,
and/or guidance, the Sub-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
NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights
Act of 1964 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 nondiscrimination
statutes and requirements to include all programs and activities of the Subrecipient, so long as any portion of the
program is Federally assisted.
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Specific Assurances
More specifically, and without limiting the above General Assurances, the Sub-recipient agrees with and gives the
following Assurances:
1. The Sub-recipient agrees that each “activity,” “facility,” or “program,” as defined in § 21.23(b) and (e) of 49
CFR part 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 Sub-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 all Highway Safety Grant Programs
and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of 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 in 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.”
3. The Sub-recipient will insert the clauses of appendix A and E of this USDOT Order 1050.2A in every contract or
agreement subject to the Acts and the Regulations.
4. The Sub-recipient will insert the clauses of appendix B of DOT Order 1050.2A, 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 Sub-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 Sub-recipient receives Federal financial assistance in the form of, 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 Sub-recipient will include the clauses set forth in appendix C and appendix D of USDOT Order
1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments
entered into by the Sub-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 Sub-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 Sub-recipient, or any transferee for the longer of the following periods:
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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 Sub-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, sub-grantees, 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 Sub-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.
The Sub-recipient agrees to comply with and require any sub-recipients, sub-grantees, contractors, successors,
transferees, and/or assignees to comply with all applicable provisions governing NHTSA's access to records, accounts,
documents, information, facilities, and staff. The Sub-recipient must comply with any program or compliance reviews,
and/or complaint investigations conducted by NHTSA. The Sub-recipient must keep records, reports, and submit the
material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. The Sub-recipient
must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in
program guidance.
The Sub-recipient acknowledges that the above General and Specific Assurances are binding on the State
highway safety agency, the Sub-recipient, other recipients, sub-recipients, sub-grantees, contractors, subcontractors
and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant
Program.
Section 3.2 Political Activity (Hatch Act). The Sub-recipient will comply with the provisions of the Hatch Act (5
U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
Section 3.3 Certification Regarding Federal Lobbying. The undersigned certifies, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ‘‘Disclosure
Form to Report Lobbying,’’ in accordance with its instructions.
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3. The undersigned shall require that the language of this certification be included in the award documents for
all sub-award at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
Section 3.4 Restriction on State Lobbying. None of the funds under this program will be used for any activity
specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect
(e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is
supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in
accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the
adoption of a specific pending legislative proposal.
Section 3.5 Certification Regarding Debarment and Suspension.
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification
set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary 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
primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective primary
tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or default or may pursue suspension
or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency
to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the
department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary 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
proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
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excluded from participation in this covered transaction, unless authorized by the department or agency entering into
this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the
clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or
agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180
and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, 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 prospective
lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions
website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under
48 CFR part 9, subpart 9.4, 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 the
transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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;
(c) 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 (1)(b) of this certification; and
(d) 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.
(2) Where the prospective primary 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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Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the
person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. 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
proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled “Instructions for Lower Tier Participant Certification” including the "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 and will require lower tier
participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, 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 prospective
lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions
website: (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under
48 CFR part 9, subpart 9.4, 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 or debarment.
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
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.
3.6 Buy America Act. The Sate and each subrecipient will comply with the Buy American requirement (23
U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only
steel iron and manufactured products produced in the United State with Federal funds, unless the Secretary of
Transportation determines that such domestically produced items would be inconsistent with the public interest, that
such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase
foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for
approval by the Secretary of Transportation.
3.7 Certification of Conflict of Interest.
General Requirements
No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any subaward,
including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or
personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer,
or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about
to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from
an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents.
a. The code or standards shall provide that the recipient’s officers, employees, or agents may neither solicit
nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including
contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions or other disciplinary actions for violations, as
permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of
conduct.
Disclosure Requirements
No State or its subrecipient, including its officers, employees or agents, shall perform or continue to perform
under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or
currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose
interests may be substantially affected by NHTSA activities. Based on this policy:
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1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an
immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the
recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a
conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the
best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present or currently planned organizational,
financial, contractual or other interest(s) with an organization regulated by NHTSA or with an organization whose
interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that
require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor and key
personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel
shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of
a recipient who are responsible for making a decision or taking an action under an award where the decision or action
can have an economic or other impact on the interests of a regulated or affected organization.
3.8 Prohibition of Using Grant Funds to Check for Helmet Usage. The state and each subrecipient will not use
23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target
motorcyclists.
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Project Directors and Points of Contact
The following individuals will be the respective project directors and points of contact for the Department and Sub-
recipient.
Department:
Project Director:
1. Name Kevin Dusko
2. Title State Highway Traffic Safety Section Supervisor
3. Address P.O. Box 201001
Helena, Montana 59620-1001
4. Phone (406) 444-7411
5. Email kedusko@mt.gov
Point of Contact:
1. Name Orry Hatcher
2. Title Transportation Planner / Law Enforcement Program
3. Address PO Box 201001
Helena, Montana 59620-1001
4. Phone (406) 444-0809
5. Email ohatcher@mt.gov
Sub-recipient:
Project Director:
1. Name Jim Veltkamp
2. Title Chief of Police
3. Address Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715
4. Phone (406) 582-2238
5. Email jim.veltkamp@bozemanmt.gov
Point of Contact:
1. Name Hal Richardson
2. Title Captain
3. Address Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715
4. Phone (406) 582-2213
5. Email hal.richardson@bozemanmt.gov
Fiscal contact:
1. Name Jamie Grabinski
2. Title Grants Coordinator
3. Address City Hall, 121 N. Rouse Ave., Bozeman, MT 59715
4. Phone (406) 582-2364
5. Email jamie.grabinski@bozemanmt.gov
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Agreement and Authorization to Proceed
The Sub-recipient warrants it has the lawful authority to enter into this Agreement, and that it has taken all actions and
complied with all requirements necessary to execute the authority lawfully in entering into this Agreement, and that the
undersigned signatory for Sub-recipient has been lawfully delegated authority to sign this Agreement on behalf of the
Sub-recipient.
Authorizing Official of the Sub-recipient
1. Name Chuck Winn
2. Title City Manager
3. Address City Hall, 121 N. Rouse Ave., Bozeman, MT 59715,
4. Phone (406) 582-2307
5. Email chuck.winn@bozemanmt.gov
6. Signature
Date
Delegation of Managing authority
To Project Director:
1. Name Jim Veltkamp
2. Title Chief of Police
3. Address Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715
4. Phone (406) 582-2238
5. Email jim.veltkamp@bozemanmt.gov
6. Signature
Date
Montana Department of Transportation Approval
1. Name/Title Douglas G McBroom, Operations Manager, Statewide Planning & Modal Operations
2. Address Montana Department of Transportation
PO Box 201001, Helena, Montana 59620-1001
3. Phone (406) 444-9240
4. Email dmcbroom@mt.gov
5. Signature
Date
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9/2/2026
9/17/2026
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Rev. 01/2026
MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an environment free
from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all
discrimination and protections are all inclusive (hereafter “protected classes”) by its employees or anyone with whom
MDT does business:
Federal protected classes State protected classes
Race, color, religion, national origin,
sex, age, disability, and genetic information.
Race; color; national origin; familial or marital status;
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth; creed; social origin or condition;
genetic information; sex, sexual orientation, gender
identification or expression; ancestry; age; mental or
physical disability; political or religious affiliations or
ideas; military service or veteran status; vaccination
status or possession of immunity passport.
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and
Regulations of the United States and the State of Montana relative to Non-Discrimination in Federally and State-
assisted programs of the U.S. Department of Transportation and the State of Montana, 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:
a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or
indirectly, on the grounds of any of the protected classes in the selection and retention of
subcontractors, including procurements of materials and leases of equipment, employment, and all
other activities being performed under this contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it serves that will include
the following:
i. Statement that PARTY does not discriminate on the grounds of any protected classes.
ii. Statement that PARTY will provide employees and members of the public that it serves with
reasonable accommodations for any known disability, upon request, pursuant to the Americans
with Disabilities Act as Amended (ADA).
iii. Contact information for PARTY’s representative tasked with handling non-discrimination
complaints and providing reasonable accommodations under the ADA.
iv. Information on how to request information in alternative accessible formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of its
hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and
qualifications and that PARTY does not discriminate on the grounds of any protected class.
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(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY must
comply with applicable federal and state laws regarding the DBEs, including but not limited to 49 CFR
Part 26.
b. By signing this agreement the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted
contracts. Failure by the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as the
recipient deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by
competitive bidding, or negotiation, made by the PARTY 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 PARTY of the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the United
States and the State of Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the Acts, 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 MDT or relevant US DOT Administration 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 PARTY will
so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made
to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non-discrimination provisions
of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may
determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
(7) Pertinent Non-Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest,
agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
Federal
- 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 CFR Part 21;
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- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601 et seq.),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
- Sections 162 and 301(g) of the Federal-Aid Highway Act of 1973, (Public Law No. 93-87, 87 Stat. 250, codified at
23 U.S.C. § 324), (prohibits discrimination on the basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), (prohibits discrimination on the basis of
disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
- Section 520 of the Airport and Airways Improvement Act of 1982, (49 U.S.C. § 47123), (prohibits discrimination
based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (Public Law No. 100-259), (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, (42 U.S.C. §§ 12131 through 12189), which prohibits
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 as implemented by Department of
Transportation regulations at 49 CFR parts 37 and 38;
- Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in
education programs or activities (20 U.S.C. § 1681 et seq.).
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraphs one through seven in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and/or directives cited therein. The PARTY will take action with respect to any subcontract or
procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any
litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the
litigation to protect the interests of the United States.
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Attachment B – Objectives
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Attachment C – Budget
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Attachment D – Reporting Schedule
Reporting Timeframe
Report required Due
Period 1 Report. October 01 – January 31. Includes Winter Holiday Mobilization – one
invoice, law enforcement reports
February 28, 2027
Period 2 Report. February 01 – May 31. Includes Memorial Day Mobilization – one
invoice, law enforcement reports
June 30, 2027
Period 3 Report. June 01 – September 30. Includes Labor Day Mobilization – one
invoice, law enforcement reports
October 31, 2027
Fiscal Reporting
Fiscal reporting must include, but is not limited to:
You must establish a separate account for your grant, so it is not comingled amounts other funds in your
department and easy to interpret in local accounting system.
Accounting expenditure report demonstrating grant expenditures.
Law Enforcement Shift logs per officer.
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Memorandum
REPORT TO:City Commission
FROM:James Short, Deputy Fire Chief
Josh Waldo, Fire Chief
SUBJECT:Ratify the acceptance of the 2025 State Homeland Security Program,
HazMat Sustainment Grant Award.
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Ratify the acceptance of the 2025 State Homeland Security Program,
HazMat Sustainment Grant Award.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:Bozeman Fire has been awarded this grant as a sub-recipient through the
Montana State Disaster and Emergency Services Department for maintaining
training and equipment for the response of the hazardous materials
technician team. This grant was applied for in March of 2025, and the award
was delayed, leading to a two and a half year performance period.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The Homeland Security SHSP Grant is for $80,000 over a two and a half year
performance period. This grant has no requirement for a match from the
local recipient.
Attachments:
Docusign_FY25_SHSP_Award_Letter_-_Bozeman_FD (1).pdf
Report compiled on: September 14, 2026
28
Page 1 of 19
State Homeland Security Program (SHSP)
FY 2025 Award Letter
Chuck Winn
City of Bozeman, Fire Dept.
300 East Oak Street
Bozeman, MT 59715
City Manager Chuck Winn,
Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application for financial
assistance submitted under the Fiscal Year (FY) 2025 State Homeland Security Program, HazMat Sustainment (2
year POP), has been approved in the amount of $80,000.00. City of Bozeman, Fire Dept. is not required to match
this award with any amount of non-Federal funds.
Before City of Bozeman, Fire Dept. requests and receives any of the Federal funds awarded, acceptance of the
award must be established. By accepting this award, City of Bozeman, Fire Dept. acknowledges that the terms of
the following documents are incorporated into the terms of this award:
• Agreement Articles (attached to this Award Letter)
• Obligating Document for Award (attached to this Award Letter)
• FY 25 Homeland Security Grant Program Notice of Funding Opportunity
Please make sure you read, understand, and maintain a copy of these documents in the official file for this award.
In order to establish acceptance of the award and its terms, please complete, sign and return the Obligating
Document for Award to your MT DES Grant Coordinator.
For additional assistance, please contact your MT DES Grant Coordinator.
Burke S. Honzel
Preparedness Bureau Chief
Montana Disaster and Emergency Services
CC James Short
Award Letter
Burke S.
Honzel
Digitally signed by Burke
S. Honzel
Date: 2026.08.27
15:42:24 -06'00'
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AGREEMENT ARTICLES
State Homeland Security Program
SUB-RECIPIENT: City of Bozeman, Fire Dept.
PROGRAM: State Homeland Security Program
STATE GRANT NUMBER: 25HSBZMNHAZ
Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications
Article 2 General Acknowledgements and Assurances
Article 3 Acknowledgement of Federal Funding from DHS
Article 4 Activities Conducted Abroad
Article 5 Age Discrimination Act of 1975
Article 6 Americans with Disabilities Act of 1990
Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS
Article 9 Civil Rights Act of 1964 – Title VI
Article 10 Civil Rights Act of 1968
Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration
Officials
Article 12 Copyright
Article 13 Debarment and Suspension
Article 14 Drug-Free Workplace Regulations
Article 15 Duplicative Costs
Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Article 17 Energy Policy and Conservation Act
Article 18 Equal Treatment of Faith-Based Organizations
Article 19 Anti-Discrimination
Article 20 False Claims Act and Program Fraud Civil Remedies
Article 21 Federal Debt Status
Article 22 Federal Leadership on Reducing Text Messaging while Driving
Article 23 Fly America Act of 1974
Article 24 Hotel and Motel Fire Safety Act of 1990
Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Article 27 Lobbying Prohibitions
Article 28 National Environmental Policy Act
Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and
Science Act of 2022, Pub. L. 117-167, Section 10254
Article 30 Non-Supplanting Requirement
Article 31 Notice of Funding Opportunity Requirements
Article 32 Patents and Intellectual Property Rights
Article 33 Presidential Executive Orders
Article 34 Procurement of Recovered Materials
Article 35 Rehabilitation Act of 1973
Article 36 Reporting Recipient Integrity and Performance Matters
Article 37 Reporting Subawards and Executive Compensation
Agreement Articles
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Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article 39 SAFECOM
Article 40 Subrecipient Monitoring and Management
Article 41 System for Award Management and Unique Entity Identifier Requirements
Article 42 Termination of a Federal Award
Article 43 Terrorist Financing
Article 44 Trafficking Victims Protection Act of 2000(TVPA)
Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56
Article 46 Use of DHS Seal, Logo and Flags
Article 47 Whistleblower Protection Act
Article 48 Environmental Planning and Historic Preservation (EHP) Review
Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations
Article 50 Acceptance of Post Award Changes
Article 51 Disposition of Equipment Acquired Under the Federal Award
Article 52 Prior Approval for Modification of Approved Budget
Article 53 Indirect Cost Rate
Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification
Article 55 Summary Description of Award and Subprograms
Article 56 HSGP Performance Goal
Article 57 OPSG Program Performance Goal
Article 58 Operation Stonegarden Program Hold
Article 59 Non-Applicability of Specific Agreement Articles
Article 60 State Homeland Security Program: Compliance with Federal Immigration Law
Article 61 State Homeland Security Program: Non-Applicability of Specific Terms and Agreement
Articles
Article 62 State Homeland Security Program: Impact of San Francisco v. Trump Preliminary Injunction
Article 63 State Homeland Security Program: Impact of State of Illinois v. FEMA Injunction
Article 64 Operation Stonegarden: Non-Applicability of Specific Terms and Agreement Articles
Article 65 Period of Performance and Budget Period
Article 66 Funding Hold: Additional Information Required
Article 67 Amended Award Amount Pursuant to State of Illinois, et al. v. Kristi Noem, et al.(D.RI).
Article 68 Amended Period of Performance and Budget Period Pursuant to State of Illinois, etal. v. Kristi
Noem, et al. (D.RI) and State of Michigan et al. v. Kristi
Article69 MT DES Specific Acknowledgements and Assurances
Article 70 Accruals
Article 71 Authorized Representative
Article 72 State Homeland Security Grant Funding Hold
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Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and
Certifications
I. Recipients must complete either the Office of Management and Budget (OMB)Standard
Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D
Assurances – Construction Programs, as applicable. Certain assurances in these documents
may not be applicable to your program and the DHS financial assistance office (DHS
FAO) may require applicants to certify additional assurances. Applicants are required to
fill out the assurances, as instructed.
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of
the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and
adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge
and agree to provide DHS access to records, accounts, documents, information, facilities,
and staff pursuant to 2C.F.R. § 200.337. I. Recipients must cooperate with any DHS
compliance reviews or compliance investigations. II. Recipients must give DHS access to
examine and copy records, accounts, and other documents and sources of information
related to the federal award and permit access to facilities and personnel. III. Recipients
must submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports. IV. Recipients must
comply with all other special reporting, data collection, and evaluation requirements
required by law, federal regulation, Notice of Funding Opportunity, federal award specific
terms and conditions, and/or DHS Component program guidance. Organization costs
related to data and evaluation are allowable. The definition of data and evaluation costs is
in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference. V. Recipients
must complete DHS Form 3095within 60 days of receipt of the Notice of Award for the
first award under which this term applies. For further instructions and to access the form,
please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs-financial-assistance.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements,
press releases, requests for proposal, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal award funds.
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing
project activities outside the United States obtain all appropriate licenses, permits, or
approvals.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of1975, Pub.
L. No. 94-135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial
assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with
Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101–
12213), which prohibits recipients from discriminating on the basis of disability in the
operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable Information
(1) Recipients who collect personally identifiable information (PII) as part of carrying out
the scope of work under a federal award are required to have a publicly available privacy
policy that describes standards on the usage and maintenance of the PII they collect. (2)
Definition. DHS defines “PII” as any information that permits the identity of an individual
to be directly or indirectly inferred, including any information that is linked or linkable to
that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy Template as useful resources respectively.
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Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS
(1) Recipients of DHS research and development (R&D) awards must report to the DHS
Component research program office any finding or determination of sex based and sexual
harassment and/or an administrative or disciplinary action taken against principal
investigators or co-investigators to be completed by an authorized organizational
representative (AOR) at the recipient institution. (2) Notification. An AOR must disclose
the following information to agencies within 10 days of the date/the finding is made, or 10
days from when a recipient imposes an administrative action on the reported individual,
whichever is sooner. Reports should include: (a) Award number, (b) Name of PI or Co-PI
being reported, (c)Awardee name, (d) Awardee address, (e) AOR name, title, phone, and
email address, (f) Indication of the report type: (i) Finding or determination has been made
that the reported individual violated awardee policies or codes of conduct, statutes, or
regulations related to sexual harassment, sexual assault, or other forms of harassment,
including the date that the finding was made. (ii) Imposition of an administrative or
disciplinary action by the recipient on the reporting individual related to a
finding/determination or an investigation of an alleged violation of recipient policy or codes
of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature
of the administrative/disciplinary action, including a basic explanation or description of the
event, which should not disclose personally identifiable information regarding any
complaints or individuals involved. Any description provided must be consistent with the
Family Educational Rights in Privacy Act. (3) Definitions. (a) An “authorized
organizational representative (AOR)” is an administrative official who, on behalf of the
proposing institution, is empowered to make certifications and representations and can
commit the institution to the conduct of a project that an agency is being asked to support as
well as adhere to various agency policies and award requirements. (b) “Principal
investigators and co-principal investigators” are award personnel supported by a grant,
cooperative agreement, or contract under Federal law. (c) A “reported individual” refers to
recipient personnel who have been reported to a federal agency for potential sexual
harassment violations. (d) “Sex based harassment “means a form of sex discrimination and
includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related
conditions, sexual orientation, and gender identity. (e) “Sexual harassment” means
unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of asexual nature when this conduct explicitly or implicitly affects an individual’s
employment, unreasonably interferes with an individual’s work performance, or creates an
intimidating, hostile, or offensive work environment, whether such activity is carried out by
a supervisor or by a co-worker, volunteer, or contractor.
Article 9 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of1964,
Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.),which provides that
no person in the United States will, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance. DHS implementing
regulations for the Act are found at 6C.F.R. Part 21. Recipients of a federal award from the
Federal Emergency Management Agency (FEMA) must also comply with FEMA’s
implementing regulations at 44 C.F.R. Part 7.
Article 10 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No.90284
(codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision
of services in connection. therewith, on the basis of race, color, national origin, religion,
disability, familial status, and sex, as implemented by the U.S. Department of Housing and
Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination
includes the requirement that new multifamily housing with four or more dwelling units—
i.e., the public and common use areas and individual apartment units (all units in buildings
with elevators and ground-floor units in buildings without elevators)—be designed and
constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
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Article 11 Communication and Cooperation with the Department of Homeland Security and
Immigration Officials
(1) All recipients and other recipients of funds under this award must agree that they will
comply with the following requirements related to coordination and cooperation with the
Department of Homeland Security and immigration officials:(a) They must comply with the
requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on
information sharing by state and local government entities with DHS regarding the
citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8
U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a
Federal, State, or local government entity from doing any of the following with respect to
information regarding the immigration status of any individual: 1) sending such information
to, or requesting or receiving such information from, Federal immigration officials; 2)
maintaining such information; or 3) exchanging such information with any other Federal,
State, or local government entity; (b) They must comply with other relevant laws related to
immigration, including prohibitions on encouraging or inducing an alien to come to, enter,
or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv),prohibitions
on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii),prohibitions on
harboring, concealing, or shielding from detection illegal aliens, 8U.S.C. §
1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability
regarding these statutes; (c) That they will honor requests for cooperation, such as
participation in joint operations, sharing of information, or requests for short term detention
of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this
requirement merely because it lacks the necessary resources to assist in a particular
instance; (d) That they will provide access to detainees, such as when an immigration
officer seeks to interview a person who might be a removable alien; and (e) That they will
not leak or otherwise publicize the existence of an immigration enforcement operation. (2)
The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a
form that is acceptable to DHS, that it will comply with the requirements of this term.
Additionally, the recipient agrees that it will require any subrecipients or contractors to
certify in the same manner that they will comply with this term prior to providing them with
any funding under this award. (3) The recipient agrees that compliance with this term is
material to the Government’s decision to make or continue with this award and that the
Department of homeland Security may terminate this grant, or take any other allowable
enforcement action, if the recipient fails to comply with this term.
Article 12 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any
work first produced under federal awards and also include an acknowledgement that the
work was produced under a federal award (including the federal award number and federal
awarding agency). As detailed in 2 C.F.R. §200.315, a federal awarding agency reserves a
royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the
work for federal purposes and to authorize others to do so.
Article 13 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations
implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R. Part 180 as
implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from
entering into covered transactions (such as subawards and contracts) with certain parties that
are debarred, suspended, or otherwise excluded from or ineligible for participation in federal
assistance programs or activities.
Article 14 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C,
if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide
implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§
8101-8106).
Article 15 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included
as a cost or used to meet cost sharing requirements of any other federal award in either the
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current or a prior budget period. See 2 C.F.R. § 200.403(f).However, recipients may shift
costs that are allowable under two or more federal awards where otherwise permitted by
federal statutes, regulations, or the federal award terms and conditions.
Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) –Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of
1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. §1681 et seq.), which provide
that no person in the United States will, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations
are codified at 6 C.F.R. Part 17.
Recipients of a federal award from the Federal Emergency Management Agency(FEMA)
must also comply with FEMA’s implementing regulations at 44 C.F.R. Part19.
Article 17 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. §6201 et seq.), which contain
policies relating to energy efficiency that are
Article 18 Equal Treatment of Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6
C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the
participation of faith-based organizations in individual DHS programs.
Article 19 Anti-Discrimination
Recipients must comply with all applicable Federal anti-discrimination laws material to the
government’s payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Definitions. As
used in this clause – (a) DEI means “diversity, equity, and inclusion.” (b) DEIA means
“diversity, equity, inclusion, and accessibility.” (c)Discriminatory equity ideology has the
meaning set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal
anti-discrimination laws mean Federal civil rights law that protect individual Americans
from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal
immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful
immigration status in the United States.(2) Grant award certification. (a) By accepting the
grant award, recipients are certifying that: (i) They do not, and will not during the term of
this financial assistance award, operate any programs that advance or promote DEI, DEIA,
or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii)
They do not engage in and will not during the term of this award engage in, a discriminatory
prohibited boycott. (iii) They do not, and will not during the term of this award, operate any
program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS
reserves the right to suspend payments in whole or in part and/or terminate financial
assistance awards if the Secretary of Homeland Security or her designee determines that the
recipient has violated any provision of subsection (2). (4) Upon suspension or termination
under subsection (3), all funds received by the recipient shall be deemed to be in excess of
the amount that the recipient is determined to be entitled to under the Federal award for
purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the
Federal Government that may be pursued to the maximum extent permitted by law.
Article 20 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C.§§ 3729-
3733, which prohibit the submission of false or fraudulent claims for payment to the Federal
Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for
false claims and statements made.)
Article 21 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments. See OMB Circular A-129.
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Article 22 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while
driving recipient-owned, recipient-rented, or privately owned vehicles when on official
government business or when performing any work for or on behalf of the Federal
Government. Recipients are also encouraged to conduct the initiatives of the type described
in Section 3(a) of Executive Order 13513.
Article 23 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air
carriers can be found at: Certificated Air Carriers List | US Department of Transportation,
https://www.transportation.gov/policy/aviation-policy/certificated-aircarriers-list)for
international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
Article 24 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded
entirely or in part by federal award funds complies with the fire prevention and control
guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. § 2225a.
Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the
prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R.§§ 200.216, 200.327,
200.471, and Appendix II to 2 C.F.R. Part 200. The statute –as it applies to DHS recipients,
subrecipients, and their contractors and subcontractors – prohibits obligating or expending
federal award funds on certain telecommunications and video surveillance products and
contracting with certain entities for national security reasons.
Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et
seq.) prohibition against discrimination on the basis of national origin, which requires that
recipients of federal financial assistance take reasonable steps to provide meaningful access
to persons with limited English proficiency (LEP) to their programs and services. For
additional assistance and information regarding language access obligations, please refer to
the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-
supported-organizationsprovide-meaningful-access-people-limited and additional resources
on http://www.lep.gov.
Article 27 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none
of the funds provided under a federal award may be expended by the recipient to pay any
person to influence, or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with any federal action related to a federal award or contract, including any
extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9,
recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R.
Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying
disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available onGrants.gov as
the Disclosure of Lobbying Activities (SF-LLL).
Article 28 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321et seq.) (NEPA)
and the Council on Environmental Quality (CEQ) Regulations for Implementing the
Procedural Provisions of NEPA, which require recipients to use all practicable means within
their authority, and consistent with other essential considerations of national policy, to
create and maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future generations
of Americans.
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Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the
CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254
(1) Recipient research institutions (“covered institutions”) must comply with the
requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254(codified at 42
U.S.C. § 18951) certifying that the institution has established and operates a research
security program that includes elements relating to: (a)cybersecurity; (b) foreign travel
security; (c) research security training; and (d)export control training, as appropriate. (2)
Definition. “Covered institutions” means recipient research institutions receiving federal
Research and Development (R&D) science and engineering support “in excess of $50
million per year.”
Article 30 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure
that federal funds supplement but do not supplant non-federal funds that, in the absence of
such federal funds, would otherwise have been made available for the same purpose.
Article 31 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in
the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by
reference. All recipients must comply with any such requirements set forth in the NOFO. If
a condition of the NOFO is inconsistent with these terms and conditions and any such terms
of the federal award, the condition in the NOFO shall be invalid to the extent of the
inconsistency. The remainder of that condition and all other conditions set forth in the
NOFO shall remain in effect.
Article 32 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable
regulations governing inventions and patents, including the regulations issued by the
Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms under Government Awards, Contracts, and
Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. §
401.14.
Article 33 Presidential Executive Orders
Recipients must comply with the requirements of Presidential Executive Orders related to
grants (also known as federal assistance and financial assistance), the full text of which are
incorporated by reference.
Article 34 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002
of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the
Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition.
Article 35 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of
1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no
otherwise qualified handicapped individuals in the United States will, solely by reason of
the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Article 36 Reporting Recipient Integrity and Performance Matters
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000for any period of time
during the period of performance of the federal award, then the recipient must comply with
the requirements set forth in the government-wide federal award term and condition for
Recipient Integrity and Performance Matters is in 2 C.F.R. Part 200, Appendix XII, the full
text of which is incorporated by reference.
Article 37 Reporting Subawards and Executive Compensation
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For federal awards that total or exceed $30,000, recipients are required to comply with the
requirements set forth in the government-wide federal award term and condition on
Reporting Subawards and Executive Compensation set forth at 2C.F.R. Part 170, Appendix
A, the full text of which is incorporated by reference.
Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
(1) Recipients of a federal award from a financial assistance program that provides funding
for infrastructure are hereby notified that none of the funds provided under this federal
award may be used for a project for infrastructure unless: (a) all iron and steel used in the
project are produced in the United States—this means all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States; (b)
all manufactured products used in the project are produced in the United States—this means
the manufactured product was manufactured in the United States; and the cost of the
components of the manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or
regulation; and (c) all construction materials are manufactured in the United States—this
means that all manufacturing processes for the construction material occurred in the United
States. (2) The Buy America preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable chairs,
desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project. (3) Waivers When necessary, recipients may apply for, and the
agency may grant, a waiver from these requirements. The agency should notify the recipient
for information on the process for requesting a waiver from these requirements. (a) When
the Federal agency has determined that one of the following exceptions applies, the federal
awarding official may waive the application of the domestic content procurement preference
in any case in which the agency determines that: (i) applying the domestic content
procurement preference would be inconsistent with the public interest; (ii) the types of iron,
steel, manufactured products, or construction materials are not produced in the United States
in sufficient and reasonably available quantities or of a satisfactory quality; or (iii) the
inclusion of iron, steel, manufactured products, or construction materials produced in the
United States will increase the cost of the overall project by more than 25 percent. (b) A
request to waive the application of the domestic content procurement preference must be
inwriting. The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request. Waiver requests are subject to public comment
periods of no less than 15 days and must be reviewed by the Made in America Office. (c)
There may be instances where a federal award qualifies, in whole or in part, for an existing
waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for
Infrastructure | FEMA.gov. (4) Definitions. The definitions applicable to this term are set
forth at 2 C.F.R. §184.3, the full text of which is incorporated by reference.
Article 39 SAFECOM
Recipients receiving federal awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM
Guidance for Emergency Communication Grants, including provisions on technical
standards that ensure and enhance interoperable communications. The SAFECOM
Guidance is updated annually and can be found at Funding and Sustainment | CISA.
Article 40 Subrecipient Monitoring and Management
Pass-through entities must comply with the requirements for subrecipient monitoring and
management as set forth in 2 C.F.R. §§ 200.331-333.
Article 41 System for Award Management and Unique Entity Identifier Requirements
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Recipients are required to comply with the requirements set forth in the governmentwide
federal award term and condition regarding the System for Award Management and Unique
Entity Identifier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is
incorporated reference.
Article 42 Termination of a Federal Award
(1) By DHS. DHS may terminate a federal award, in whole or in part, for the following
reasons: (a) If the recipient fails to comply with the terms and conditions of the federal
award; (b) With the consent of the recipient, in which case the parties must agree upon the
termination conditions, including the effective date, and in the case of partial termination,
the portion to be terminated; or (c) Pursuant to the terms and conditions of the federal
award, including, to the extent authorized by law, if the federal award no longer effectuates
the program goals or agency priorities. (3) By the Recipient. The recipient may terminate
the federal award, in whole or in part, by sending written notification to DHS stating the
reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. However, if DHS determines that the remaining portion of the
federal award will not accomplish the purposes for which the federal award was made, DHS
may terminate the federal award in its entirety. (4) Notice. Either party will provide written
notice of intent to terminate for any reason to the other party no less than 30calendar days
prior to the effective date of the termination. (5) Compliance with Closeout Requirements
for Terminated Awards. The recipient must continue to comply with closeout requirements
in 2 C.F.R. §§ 200.344200.345 after an award is terminated.
Article 43 Terrorist Financing
Recipients must comply with Executive Order 13224 and applicable statutory prohibitions
on transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible for ensuring
compliance with the Executive Order and laws.
Article 44 Trafficking Victims Protection Act of 2000(TVPA)
Recipients must comply with the requirements of the government-wide federal award term
and condition which implements Trafficking Victims Protection Act of2000, Pub. L. No.
106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and
condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference.
Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56
Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA
PATRIOT Act, which amends 18 U.S.C. §§ 175–175c.
Article 46 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos,
crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of
DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or
likenesses of component officials.
Article 47 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections in 10
U.S.C § 470141 U.S.C. § 4712.
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Article 48 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that could have an impact on the environment are subject to
the FEMA EHP review process. This review does not address all federal, state, and local
requirements. Acceptance of federal funding requires the recipient to comply with all
federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to
natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its
EHP review process, as mandated by: the National Environmental Policy Act; Endangered
Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act;
Clean Air Act; National Flood Insurance Program regulations; and any other applicable
laws, regulations and executive orders. General guidance for FEMA’s EHP process is
available on the DHS/FEMA Website. Specific applicant guidance on how to submit
information for EHP review depends on the individual grant program. Applicants should
contact their grant Program Officer to be put into contact with EHP staff responsible for
assisting their specific grant program. The FEMA EHP review process must be completed
before funds are released to carry out the proposed project, otherwise, DHS/FEMA may not
be able to fund the project due to noncompliance with EHP laws, executive orders,
regulations, and policies. DHS/FEMA may also need to perform a project closeout review
to ensure the applicant complied with all required EHP conditions identified in the initial
review. If ground disturbing activities occur during construction, the applicant will monitor
the ground disturbance, and if any potential archaeological resources are discovered, the
applicant will immediately cease work in that area and notify the pass-through entity, if
applicable, and DHS/FEMA. EO 11988, Floodplain Management, and EO 11990,
Protection of Wetlands, require that all federal actions in or affecting the floodplain or
wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic,
historical, environmental, legal, and safety considerations. FEMA’s regulations at44 C.F.R.
Part 9 implement the EOs and require an eight-step review process if a proposed action is in
a floodplain or wetland or has the potential to affect or be affected by a floodplain or
wetland. The regulation also requires that the federal agency provide public notice of the
proposed action at the earliest possible time to provide the opportunity for public
involvement in the decision-making process (44C.F.R. § 9.8). Where there is no opportunity
to relocate the federal action, FEMA is required to undertake a detailed review to determine
what measures can be taken to minimize future damages to the floodplain or wetland.
Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or
executive order. If the requirement does not apply to Tribal Nations, or there is a federal law
or regulation exempting its application to Tribal Nations, then the acceptance by Tribal
Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter
its inapplicability to a Tribal Nation. The execution of grant documents is not intended to
change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations
where it does not already exist.
Article 50 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an
administrative change must be made to the award package, recipients will be notified of the
change in writing. Once the notification has been made, any subsequent requests for funds
will indicate recipient acceptance of the changes to the award. Please email FEMA Grant
Management Operations at: ASK-GMD@fema.dhs.gov for any questions.
Article 51 Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award is no longer needed for
the original project or program or for other activities currently or previously supported by a
federal awarding agency, the non-state recipient or subrecipient (including subrecipients of
a State or Tribal Nation), must request instructions from FEMA to make proper disposition
of the equipment pursuant to 2C.F.R. section 200.313(e). State recipients must follow the
disposition requirements in accordance with State laws and procedures. 2 C.F.R.
section200.313(b). Tribal Nations must follow the disposition requirements in accordance
with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b); and if such laws and
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procedures do not exist, then Tribal Nations must follow the disposition instructions in 2
C.F.R. section 200.313(e).
Article 52 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, a written request
must be submitted and approved by FEMA as required by 2 C.F.R. section200.308. For
purposes of non-construction projects, FEMA is utilizing its discretion to impose an
additional restriction under 2 C.F.R. section 200.308(i) regarding the transfer of funds
among direct cost categories, programs, functions, or activities. For awards with an
approved budget where the federal share is greater than the simplified acquisition threshold
(currently $250,000) and where the cumulative amount of such transfers exceeds or is
expected to exceed ten percent (10%) of the total budget FEMA last approved, transferring
funds among direct cost categories, programs, functions, or activities is unallowable without
prior written approval from FEMA. For purposes of awards that support both construction
and non-construction work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain
prior written approval from FEMA before making any fund or budget transfers between the
two types of work. Any deviations from a FEMA approved budget must be reported in the
first Federal Financial Report (SF-425) that is submitted following any budget deviation,
regardless of whether the budget deviation requires prior written approval.
Article 53 Indirect Cost Rate
2 C.F.R. section 200.211(b)(16) requires the terms of the award to include the indirect cost
rate for the federal award. If applicable, the indirect cost rate for the award is stated in the
budget documents or other materials approved by FEMA and included in the award file.
Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-
Certification
In addition to the DHS Standard Terms & Conditions regarding Required Use of American
Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients
of FEMA financial assistance for programs that are subject to BABAA must include a Buy
America preference contract provision as noted in 2 C.F.R. section 184.4 and a self-
certification as required by the FEMA Buy America Preference in FEMA Financial
Assistance Programs for Infrastructure (FEMA Policy #207-22-0001 Revision 1 dated
1/30/2026). This requirement applies to all subawards, contracts, and purchase orders for
work performed, or products supplied under the FEMA award subject to BABAA.
Article 55 Summary Description of Award and Subprograms
The purpose of the FY 2025 HSGP is to support state and local efforts to prevent terrorism
and other catastrophic events and to prepare the Nation for the threats and hazards that pose
the greatest risk to the security of the United States. The HSGP provides funding to
implement investments that build, sustain, and deliver the 32 core capabilities essential to
achieving the National Preparedness Goal of a secure and resilient Nation. Among the five
basic homeland security missions noted in the DHS Quadrennial Homeland Security
Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The
building, sustainment, and delivery of these core capabilities are not exclusive to any single
level of government, organization, or community, but rather, require the combined effort of
the whole community. This HSGP award consists of State Homeland Security Program
(SHSP) funding in the amount of $6,000,629, and Operation Stonegarden (OPSG) funding
in the amount of $1,672,000.
Article 56 HSGP Performance Goal
In addition to the Biannual Strategy Implementation Report (BSIR) submission
requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how
the grant-funded project addressed the core capability gap associated with this project and
identified in the Threat and Hazard Identification and Risk Analysis (THIRA) or
Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The
capability gap reduction must be addressed in the Project Description of the BSIR for each
project.
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Article 57 OPSG Program Performance Goal
In addition to the Biannual Strategy Implementation Report (BSIR) submission
requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how
the grant-funded project addressed the core capability gap associated with this project and
identified in the Threat and Hazard Identification and Risk Analysis (THIRA) or
Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The
capability gap reduction or capability sustainment must be addressed in the Project
Description of the BSIR for each project.
Article 58 Operation Stonegarden Program Hold
The recipient is prohibited from drawing down OPSG funding under this award or
reimbursing OPSG subrecipients of this award until each unique, specific, or modified
county level, tribal, or equivalent Operations Order or Fragmentary Order (FRAGO) has
been reviewed by FEMA/GPD and Customs and Border Protection/United States Border
Patrol (CBP/USBP). The recipient will receive the official notification of approval from
FEMA/GPD.
Article 59 Non-Applicability of Specific Agreement Articles
Notwithstanding its inclusion in this award package, the following Agreement Article does
not apply to this grant award: 1. Termination of a Federal Award. This provision is
consistent with any terms of the Notice of Funding Opportunity that state Paragraph C.XL
(Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions
does not apply to this award. Refer to the Notice of Funding Opportunity for the terms
governing award termination.
Article 60 State Homeland Security Program: Compliance with Federal Immigration Law
The following term applies to State Homeland Security Program funding under this award:
1. Prohibition a. The state, territorial, or local recipient is prohibited from being designated
by the Department of Homeland Security or the Department of Justice as a sanctuary
jurisdiction. If the Department of Homeland Security or Department of Justice designates a
state or territory as a sanctuary jurisdiction after the Department of Homeland Security
makes a grant award, the state or territorial recipient is prohibited from making any
financial obligations under the grant award on or after the date of designation until the
Department of Homeland Security removes that designation. The Department of Homeland
Security will suspend that portion of the grant award supported by risk-based funding and
not make payments to the state or territorial recipient on or after the date of designation until
the Department of Homeland Security or Department of Justice removes that designation.
This term and condition applies to the funding provided under the relative risk methodology
pursuant to Section 2007 of the Homeland Security Act of2002 (6 U.S.C. § 608) and does
not apply to the minimum allocation to that state or territory required by Section 2004(e) of
the Homeland Security Act of 2002 (6U.S.C. § 605(e)). b. The state, territorial, or local
recipient is prohibited from making subawards to a state, territorial, or local government
that the Department of Homeland Security or Department of Justice has designated as a
sanctuary jurisdiction. If the Department of Homeland Security or Department of Justice
designates a state, territorial, or local government as a sanctuary jurisdiction after the state,
territorial, or local government recipient makes a subaward to that state, territorial, or local
government, the state, territorial, or local recipient must suspend the subaward, the state,
territorial, or local recipient must not make any additional payments to the state, territorial,
or local government, and the state, territorial, or local government is prohibited from
making any financial obligations under the subaward on and after the date of designation
until the Department of Homeland Security or Department of Justice removes that
designation. This term and condition applies to all funding provided to the state or territorial
recipient, including both the statutory minimum as well as risk-based funding allocations. c.
The Department of Homeland Security designates a state, territory, or local government as a
sanctuary jurisdiction if it fails to comply with that requirements set forth in paragraphs 2.a.i
to v of this term and condition. 2. Certification a. The state, territorial or local recipient and
subrecipients must certify under penalty of perjury pursuant to 28 U.S.C. § 1746, and using
a form that is acceptable to the Department of Homeland Security, that they will comply
with the following requirements related to coordination and cooperation with the
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Department of Homeland Security and immigration officials: i. They will comply with the
requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on
information sharing by state and local government entities with the Department of
Homeland Security regarding the citizenship or immigration status, lawful or unlawful, of
any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from
prohibiting, or in any way restricting, a Federal, state, or local government entity from doing
any of the following with respect to information regarding the immigration status of any
individual: (1) sending such information to, or requesting or receiving such information
from, Federal immigration officials; (2)maintaining such information; or (3) exchanging
such information with any other Federal, state, or local government entity. ii. They will
comply with other relevant laws related to immigration, including prohibitions on
encouraging or inducing an alien to come to, enter, or reside in the United States in violation
of law, 8 U.S.C. §1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8
U.S.C. §
1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal
aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or
attempt liability regarding these statutes. iii. They will honor requests for cooperation, such
as participating in joint operations, sharing of information, or requests for short term
detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with
this requirement merely because it lacks the necessary resources to assist in a particular
instance. iv. They will provide access to detainees, such as when an immigration officer
seeks to interview a person who might be a removable alien. v. They will not leak or
otherwise publicize the existence of an immigration enforcement operation. b. The state or
territorial recipient must require a state, territorial, or local government subrecipient to make
the certification above before providing them with any funding under the subaward.3.
Materiality and Remedies for Noncompliance This term and condition is material to the
Department of Homeland Security’s decision to continue with this grant award and the
Department of Homeland Security may take any remedy for noncompliance, including
termination, if the state or territorial recipient or a local government subrecipient fails to
comply with this term and condition.
Article 61 State Homeland Security Program: Non-Applicability of Specific Terms and
Agreement Articles
The following term applies to State Homeland Security Program funding under this award:
Notwithstanding their inclusion in this award package, the following terms and Agreement
Articles do not apply to this grant award: (1) paragraph C.IX(Communication and
Cooperation with the Department of Homeland Security and Immigration Officials) of the
DHS Standard Terms and Conditions and the Agreement Article titled “Communication and
Cooperation with the Department of Homeland Security and Immigration Officials” in this
award package; and (2)paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award
Certification regarding immigration) of the DHS Standard Terms and Conditions and
paragraph (2)(a)(iii)of the Agreement Article titled “Anti-Discrimination” in this award
package.
Article 62 State Homeland Security Program: Impact of San Francisco v. Trump Preliminary
Injunction
The following term applies to State Homeland Security Program funding under this award:
Pursuant to the preliminary injunction order issued on August 22, 2025, in City and County
of San Francisco, et al. v. Trump, et al., No. 3:25-cv-01350 (N.D. Cal.), the following terms
and conditions do not apply to awards or subawards issued to any of the plaintiffs subject to
the preliminary injunction order while the order remains in effect: (1) paragraph C.IX
(Communication and Cooperation with the Department of Homeland Security and
Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement
Article titled “Communication and Cooperation with the Department of Homeland Security
and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti-
Discrimination Grant Award Certification regarding immigration) of the DHS Standard
Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti-
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Discrimination” in this award package; and (3) the “State Homeland Security Program:
Compliance with Federal Immigration Law” Agreement Article. If the preliminary
injunction is stayed, vacated, or extinguished, the “State Homeland Security Program:
Compliance with Federal Immigration Law” Agreement Article will immediately become
effective.
Article 63 State Homeland Security Program: Impact of State of Illinois v. FEMA Injunction
Pursuant to the memorandum and order issued on September 24, 2025, in State of Illinois, et
al. v. Federal Emergency Management Agency, et. al, No. 25-206 (D.R.I.), the following
terms and conditions do not apply to awards or subawards issued to any of the plaintiffs
subject to the injunction order while the order remains in effect: (1) paragraph C.IX
(Communication and Cooperation with the Department of Homeland Security and
Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement
Article titled “Communication and Cooperation with the Department of Homeland Security
and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti-
Discrimination Grant Award Certification regarding immigration) of the DHS Standard
Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti-
Discrimination” in this award package; and (3) the “State Homeland Security Program:
Compliance with Federal Immigration Law” Agreement Article. If the injunction is stayed,
vacated, or extinguished, the “State Homeland Security Program: Compliance with Federal
Immigration Law” Agreement Article will immediately become effective.
Article 64 Operation Stonegarden: Non-Applicability of Specific Terms and Agreement Articles
Notwithstanding their inclusion in this award package, the following terms and Agreement
Articles do not apply to this grant award: (1) paragraph C.IX(Communication and
Cooperation with the Department of Homeland Security and Immigration Officials) of the
DHS Standard Terms and Conditions and the Agreement Article titled “Communication and
Cooperation with the Department of Homeland Security and Immigration Officials” in this
award package; and (2)paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award
Certification regarding immigration) of the DHS Standard Terms and Conditions and
paragraph (2)(a)(iii)of the Agreement Article titled “Anti- Discrimination” in this award
package.
Article 65 Period of Performance and Budget Period
Notwithstanding language in the Obligating Document or in the other terms of this award
package, the Period of Performance and the Budget Period for this grant award is October 1,
2025, to September 30, 2026. The Period of Performance and Budget Period stated in the
Obligating Document shall not apply.
Article 66 Removed per FEMA Amendment Memo dated 05/27/2026:
Funding Hold: Additional Information Required
FEMA has placed a funding hold on this award, and $6,034,750 is on hold in the FEMA
financial systems. The recipient is prohibited from obligating, expending, or drawing down
the funds associated with the following Homeland Security Grant Program
subprogram(s)/investment(s). To release the funding hold, the recipient must provide a
detailed cost breakdown and justification for the investments/projects listed above. FEMA
will rescind the funding hold upon its review and approval of the detailed cost breakdown
and justification. If you have questions about this funding hold, please contact the
DHS/FEMA Headquarters Preparedness Officer.
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Article 67 Amended Award Amount Pursuant to State of Illinois, et al. v. Kristi Noem, et al.
(D.RI).
Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the District
of Rhode Island in State of Illinois, et al. v. Kristi Noem, et al., No. 1:25-cv-00495, dated
December 22, 2025, and Information Bulletin (IB) 540, the amount of funding awarded by
this Fiscal Year 2025 Homeland Security Grant Program(HSGP) grant has been amended to
reflect the amount set forth in the Notice of Funding Opportunity dated August 1, 2025.
Further, the “Summary Description of Award and Subprograms” is amended to read as
follows: The purpose of the FY2025 HSGP is to support state and local efforts to prevent
terrorism and other catastrophic events and to prepare the Nation for the threats and hazards
that pose the greatest risk to the security of the United States. The HSGP provides funding
to implement investments that build, sustain, and deliver the 32 core capabilities essential to
achieving the National Preparedness Goal of a secure and resilient Nation. Among the five
basic homeland security missions noted in the DHS Quadrennial Homeland Security
Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The
building, sustainment, and delivery of these core capabilities are not exclusive to any single
level of government, organization, or community, but rather, require the combined effort of
the whole community. This HSGP award consists of State Homeland Security Program
(SHSP) funding in the amount of $4,362,750, and Operation Stonegarden (OPSG)funding in
the amount of $1,672,000.
Article 68 Amended Period of Performance and Budget Period Pursuant to State of Illinois, et al.
v. Kristi Noem, et al. (D.RI) and State of Michigan et al. v. Kristi
Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the District
of Rhode Island in State of Illinois, et al. v. Kristi Noem, et al., No. 1:25-cv-00495, dated
December 22, 2025 and the Permanent Injunction Order issued by the U.S. District Court
for the District of Oregon in State of Michigan, et al. v. Kristi Noem et al., No 6:25-cv-
02053-AP, dated December 23, 2025, the Agreement Article titled "Period of Performance
and Budget Period") of your award package is rescinded. The new Period of Performance
and Budget Period for this award is September 1, 2025, to August 31, 2028.
Article 69 MT DES Specific Acknowledgements and Assurances
Sub-recipients must acknowledge and agree to comply with applicable provisions governing
MT DES access to records, accounts, documents, information, facilities, and staff.
1. Sub-recipients must cooperate with any compliance reviews or compliance
investigations conducted by MT DES.
2. Sub-recipients must give MT DES access to, and the right to examine and copy,
records, accounts, and other documents and sources of information related to the
federal financial assistance award and permit access to facilities, personnel, and
other individuals and information as may be necessary, as required by MT DES
regulations and other applicable laws or program guidance.
3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate
MT DES officials and maintain appropriate backup documentation to support the
reports.
4. Sub-recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law or detailed in program guidance.
5. The State of Montana shall not be liable for any reimbursement amount greater than
the award amount available to each sub-recipient.
6. Failure of the sub-recipient to accomplish HSGP objectives may result in the
reduction or withholding of funds, or other action, as determined by MT DES.
The State of Montana has the right to seek judicial enforcement of these obligations.
Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3
45279
Article 70
Article 71
Article 72
Accruals
As established within Montana Operations Manual Policy, accrual documentation is
required of all sub-recipients by the Montana Department of Administration, State Financial
Services Division, and must be submitted to MT DES no later than the second week of June,
or as instructed by MT DES.
Authorized Representative
As evidenced by the signatures found in the Letter of Obligation, the Sub-Recipient
Signatory Official agrees to appoint the Sub-Recipient Authorized Representative to act on
behalf of City of Bozeman, Fire Dept.. This individual shall be duly authorized with all
necessary powers with regard to the administration and oversight of the 2025 State
Homeland Security Program grant, 25HSBZMNHAZ. The Catalog of Federal Domestic
Assistance (CFDA) number associated with this grant is 97.067.
State Homeland Security Grant Funding Hold
There is no program hold on this project for BABAA compliance review.
Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3
46280
Obligating Document for Award
STATE GRANT NUMBER:
25HSBZMNHAZ
FEDERAL AGREEMENT
NUMBER:
EMW-2025-SS-05013
AMENDMENT NUMBER:
SUB-RECIPIENT NAME AND
ADDRESS:
City of Bozeman, Fire
Dept.
300 East Oak Street
Bozeman, MT 59715
ISSUING STATE OFFICE AND ADDRESS:
Montana Disaster and Emergency Services
P.O. Box 4789
1956 MT Majo Street
Fort Harrison, MT 59636-4789
NAME OF SUB-RECIPIENT
AUTHORIZED
REPRESENTATIVE:
James Short
SUB-RECIPIENT AUTHORIZED REPRESENTATIVE CONTACT INFORMATION:
james.short@bozemanmt.gov
406-582-7420
EFFECTIVE DATE OF THIS
ACTION:
07/24/2026
METHOD OF PAYMENT:
EFT
NAME AND CONTACT INFORMATION OF MT
DES GRANT COORDINATOR:
Genny Lighthiser
genevieve.lighthiser@mt.gov
406-417-8685
FEDERAL AWARD AMOUNT: $80,000.00
PERIOD OF PERFORMANCE:
From: To:
10/01/2025 06/30/2028
Budget Period:
From: To:
10/01/2025 06/30/2028
ASSISTANCE
ARRANGEMENT:
Cost Reimbursement
CFDA #:
97.067
SUB-RECIPIENT SIGNATORY OFFICIAL (Name and Title)
DATE
SUB-RECIPIENT AUTHORIZED REPRESENTATIVE (Name and Title) DATE
MT DES SIGNATORY (Name, Title and Date)
Pam Fruh, Preparedness Program Manager, Authorized Organizational Representative
Pam Fruh
Digitally signed by Pam
Fruh
Date: 2026.08.27
12:28:41 -06'00'
Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3
James Short 9/10/2026Deputy Fire Chief - Operations
Josh Waldo 9/10/2026Fire Chief
47281
Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3
James Short 9/10/2026Deputy Fire Chief - Operations
9/10/2026Fire ChiefJosh Waldo
48282
Memorandum
REPORT TO:City Commission
FROM:Danielle Garber, Senior Planner
Brian Krueger, Development Review Manager
Rebecca Harbage, Deputy Director of Community Development
Erin George, Director of Community Development
SUBJECT:Approve the Final Plat for the Gran Cielo Block 4 Minor Subdivision and
Authorize the Director of Transportation and Engineering and the Director of
Community Development to Execute the Same on Behalf of the City of
Bozeman, and authorize the Director of Community Development to Execute
the Improvements Agreements on Behalf of the City of Bozeman, Application
25698 (Quasi-Judicial)
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Having Reviewed and Considered the Memorandum, Application and
Submitted Materials, I Hereby Adopt the Findings for Application 25698 and
Approve the Gran Cielo Bock 4 Minor Subdivision Final Plat and Authorize
the Director of Transportation and Engineering and Director of Community
Development to Execute the Same on Behalf of the City of Bozeman.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
On August 12, 2025, the Bozeman City Commission conducted their review
of the Preliminary Plat application for the Gran Cielo Block 4 Subdivision,
application 25157, and voted unanimously to approve the preliminary plat
application on the consent agenda. The findings of fact for the preliminary
plat application may be found in the Public Folder for project 25157 . An
application was submitted to the City of Bozeman Department of
Community Development for Final Plat review for the Gran Cielo Block 4
Subdivision to further subdivide 5 lots in Block 4 of Gran Cielo Subdivision
into a 7 lot subdivision for residential single household uses. The subdivision
is on 0.69 acres and is zoned R-B (Residential Mixed Use Low-Medium).
The County Treasurer has certified that all real property taxes and special
49
assessments assessed and levied on the land to subdivide have been paid.
Development Review Committee staff has concluded that all terms and
conditions of the preliminary plat approval have been met, and a digital copy
of the final plat is attached. The original, signed mylars and the document
attachments are on file with the Department of Community Development
pending approval by the City Commission.
An Improvements Agreement is required for final plat approval of this
subdivision to financially guarantee public sidewalk improvements. No other
public or private infrastructure is required with this subdivision.
UNRESOLVED ISSUES:None
ALTERNATIVES:None suggested
FISCAL EFFECTS:
Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from two new lots, along with increased costs to
deliver municipal services to the property.
Attachments:
25698 Gran Cielo Blk 4 FP.pdf
Report compiled on: September 10, 2026
50
GRA
N
CIEL
O S
UB
DI
VISI
O
N
PHASE 2
BLO
C
K 4
ALLEYALLEY30'30'30'60'
60'30'ALLEY30'60'60'(R) 335.00'(M) S00°01'42"W, 334.99'(R) 89.90'
(M) S89°56'50"E, 89.90'(M) S00°00'12"W, 335.25'(R) 335.00'(M) S89°46'57"E, 90.05'
(R) 89.90'
S89°55'41"E, 90.02'
S89°55'41"E, 90.00'
N89°55'41"W, 89.98'
N89°55'41"W, 89.94'
S89°55'41"E, 89.92'
LOT 5B
5862 SQ. FT.
LOT 5A
4050 SQ. FT.
LOT 4B
4050 SQ. FT.
LOT 4A
4049 SQ. FT.
LOT 3A
4048 SQ. FT.
LOT 2A
4048 SQ. FT.
LOT 1A
4047 SQ. FT.
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5 9.04'8.98'7.02'BLOCK 1BLOC
K
3
LOT 5
BOZEMAN HAUS, LLC
LOT 6
BOZEMAN HAUS, LLC
LOT 7
BOZEMAN HAUS, LLC
LOT 8
BOZEMAN HAUS, LLC
LOT 9
BOZEMAN HAUS, LLC
LOT 6
BOZEMAN HAUS, LLC
LOT 7
BOZEMAN HAUS, LLC
LOT 8
BOZEMAN HAUS, LLC
LOT 9
JOSEPH M.
ANDERSON
LOT 10
MIKAEL AERON
MOORE
LOT 7
BOZEMAN HAUS, LLC
LOT 6
BOZEMAN HAUS, LLC
LOT 4
BOZEMAN HAUS, LLC
GRAN CIELO SUBDIVISION PHASE 110' UTILITY EASEMENT
PER DOC. NO. 2788885S 31ST AVENUE(60' PUBLIC RIGHT-OF-WAY)CIELO WAY
(60' PUBLIC RIGHT-OF-WAY)
S89°55'41"E, 89.96'64.99'38.00'45.00'36.02'45.00'65.22'37.98'45.00'35.96'45.03'12.02'11.90'10.93'10.94'34.10'34.06'33.10'32.98'7.00'K:\Bozeman\Bozeman Haus LLC\2024500 Gran Cielo 1 - Block 4 Subdivision\05CAD\Sheets\24500 - PLAT.dwg MINOR SUB 7/23/2026 2:05:05 PM
NOTES
1.The purpose of this survey is to create a 7 lot subdivision.
2.This survey was performed for Bozeman Haus, LLC.
3.A title commitment was not provided by the client and the surveyor did
not perform a full title search. All easements may not be shown.
4. Buyers of property should ensure that they have obtained and reviewed all
sheets of the plat and all documents recorded and filed in conjunction with the
plat, and that buyers of property are strongly encouraged to contact the local
community development department and become informed of any limitations
on the use of the property prior to closing.
5. Open space and parkland requirements have been met per Gran Cielo
Subdivision Phase 2, Document No. 2788885.
LOTS 1-5, BLOCK 4, GRAN CIELO SUBDIVISION PHASE 2
LOCATED IN THE NW1/4 OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M.
GALLATIN COUNTY, MONTANA
GRAN CIELO MINOR SUBDIVISION NO. __________
MINOR SUBDIVISION
GRAN CIELO, BOZEMAN, MT
1/4 TWP.RGE.SEC.
23 2S 5E
1 of 2
ENG I NEERING
DESIGNED BY:
DRAWN BY:
CHECKED BY:
DATE:
JRT
JKZ
7/23/26
15267 SE RIVERSHORE DR.
VANCOUVER, WA 98683-5371
895 TECHNOLOGY BLVD., SUITE 203
BOZEMAN, MT 59718
(406) 624-3910
www.wwcengineering.com
PREPARED FOR:
PREPARED BY:
BOZEMAN HAUS, LLC.
SHEET NO.
REVISIONNO.BY DATE
PROJECT NO. 2024-500
SURVEY IS NOT VALID UNLESS SEAL
CONTAINS THE SIGNATURE OF THE
PROFESSIONAL LAND SURVEYOR
(M)
(R)
FOUND 5/8" REBAR WITH NO CAP
FOUND 2" ALUMINUM CAP (ALPINE 14535LS)
CALCULATED POSITION NOTHING FOUND OR SET
BOUNDARY THIS SURVEY
NEW BOUNDARY THIS SURVEY
ADJACENT BOUNDARY
MEASURED DISTANCE
RECORD DISTANCE (GRAN CIELO SUBDIVISION PHASE 2)
CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have
caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys,
and other divisions and dedications, as shown by the plat hereunto included the
following described tract of land to wit:
BOUNDARY DESCRIPTION
A tract of land being Lots 1-5, Block 4, of Gran Cielo Subdivision Phase 2, located
in the Northwest one-quarter of Section 23, Township 2 South, Range 5 East,
Principal Meridian Montana (P.M.M), City of Bozeman, Gallatin County, Montana.
Said tract containing in area 0.692 Acres.
The above-described tract of land is to be known and designated as Gran Cielo
Minor Subdivision No. , City of Bozeman, Gallatin County, Montana.
The undersigned hereby grants unto each and every person, firm of corporation,
whether public or private, providing or offering to provide telecommunications,
electric power, gas, or other similar utility or service, the right to the joint use of an
easement for the construction maintenance, repair and removal of their lines and
other facilities in, over, under and across each area designated on this plat as
"Utility Easement" to have and to hold forever.
DATED this _______________day of _____________________,20___
__________________________________________________________________
By: Ray Akrawi, Authorized Representative of Bozeman Haus, LLC
State of Montana )
s.s.
County of Gallatin )
On this day of , 20 , before me, a Notary Public in and for
said state, personally appeared Ray Akrawi, known to me to be the person who
signed the foregoing instrument as Authorized Representative of Bozeman Haus,
LLC, and acknowledged to me that such Bozeman Haus, LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first written above.
__________________________________________________________________
Signature
__________________________________________________________________
Printed name
Notary Public for the state of Montana
Residing at ____________________
My commission expires ___________
CERTIFICATE OF EXCLUSION FROM MONTANA
DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW
The Gran Cielo Minor Subdivision, Gallatin County, Montana, is within the City of
Bozeman, Montana, a first-class municipality, and within the planning area of the
Bozeman land use plan which was adopted pursuant to the Montana Land Use
Planning Act, and can be provided with adequate stormwater drainage and
adequate municipal facilities. Therefore, under the provisions of MCA 76-4-125,
this subdivision is excluded from the requirement for Montana Department of
Environmental Quality review.
DATED this _______________day of _____________________,20___
__________________________________________________________________
Director of Transportation and Engineering
City of Bozeman, Montana
CERTIFICATE OF GOVERNING BODY APPROVING PLAT
I, Director of Community Development, City of Bozeman, Montana, do hereby
certify that the accompanying plat has been duly examined and has found the
same to conform to the law and approves it.
DATED this _______________day of _____________________,20___
__________________________________________________________________
Director of Community Development
City of Bozeman, Montana
CERTIFICATE OF COMPLETION OF IMPROVEMENTS
I, Ray Akrawi, Authorized Representative of Bozeman Haus, LLC, Subdividers,
and I, Erik W. Ringsak, a registered professional engineer licensed to practice in
the state of Montana, hereby certify that the following improvements, required to
meet the requirements of Chapter 38 of the Bozeman Municipal Code or as a
condition(s) of approval of Gran Cielo Minor Subdivision, have been installed in
conformance with the approved plans and specifications, or financially guaranteed
and covered by the improvements agreement accompanying this plat.
Installed Improvements:
a. None
Financially Guaranteed Improvements:
a. Sidewalk
The subdivider hereby warrants said improvements against any and all defects for
a period of two years from the date of acceptance by the City of Bozeman.
The subdivider grants possession of all public infrastructure improvements to the
City of Bozeman and the city hereby accepts ownership of all public infrastructure
improvements, subject to the above indicated warranty
__________________________________
_____/_____/20____
Ray Akrawi, Authorized Representative of Bozeman Haus, LLC
__________________________________
_____/_____/20____
Erik W. Ringsak, P.E.
Registration No. 89370
__________________________________
_____/_____/20____
Director of Transportation and Engineering
CERTIFICATE OF SURVEYOR
I, the undersigned, Jake Ziska, Registered Land Surveyor, do hereby certify
that between November, 2024 and / / , I surveyed the plat of Lots
1-5, Block 4, Gran Cielo Subdivision Phase 2, and drew the same as shown
on the accompanying plat and as described in accordance with the
provisions of the Montana Land Use Planning Act and the Bozeman
Municipal Code.
DATED this ___________ day of____________________________________
_______________________________________________________________
Jake Ziska, PLS
Montana Registration No. 18636 L.S.
CERTIFICATE OF COUNTY TREASURER
I _______________________, Treasurer of Gallatin County, Montana, do
hereby certify that the accompanying plat has been duly examined and that
all real property taxes and special assessments assessed and levied on the
land to be subdivided are paid.
DATED this _______________day of _____________________,20___
_________________________________________________________
Treasurer of Gallatin County
CERTIFICATE OF CLERK AND RECORDER
I __________________, Clerk and Recorder of Gallatin County, Montana,
do hereby certify that the foregoing instrument was filed in my office at
_____________o'clock, (a.m. or p.m.) this ________________day of
___________,______________and recorded in Book __________of Plats on
Page______________, Records of the Clerk and Recorder, Gallatin County,
Montana.
________________________________________________________________
Clerk and Recorder of Gallatin County
M O NTANA
PROFESSI
O
NAL L A N D EYORJAKE K.
ZISKA
No. 18636LS
LICEN S E D S URVLEGEND
PREVIOUS BOUNDARY
0
SCALE: 1" = 20'
2010
SET YELLOW PLASTIC CAP (ZISKA 18636LS) ON 5/8" x 24" REBAR
JRT
51
GRA
N
CIEL
O S
UB
DIVISI
O
N
PHASE 2
BLO
C
K 4
ALLEYALLEY30'30'30'60'
60'30'ALLEY30'60'60'(R) 335.00'(M) S00°01'42"W, 334.99'(R) 89.90'
(M) S89°56'50"E, 89.90'(M) S00°00'12"W, 335.25'(R) 335.00'(M) S89°46'57"E, 90.05'
(R) 89.90'
S89°55'41"E, 90.02'
S89°55'41"E, 90.00'
N89°55'41"W, 89.98'
N89°55'41"W, 89.94'
S89°55'41"E, 89.92'
LOT 5B
5862 SQ. FT.
LOT 5A
4050 SQ. FT.
LOT 4B
4050 SQ. FT.
LOT 4A
4049 SQ. FT.
LOT 3A
4048 SQ. FT.
LOT 2A
4048 SQ. FT.
LOT 1A
4047 SQ. FT.
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5 9.04'8.98'7.02'BLOCK 1BLOC
K
3
LOT 5
BOZEMAN HAUS, LLC
LOT 6
BOZEMAN HAUS, LLC
LOT 7
BOZEMAN HAUS, LLC
LOT 8
BOZEMAN HAUS, LLC
LOT 9
BOZEMAN HAUS, LLC
LOT 6
BOZEMAN HAUS, LLC
LOT 7
BOZEMAN HAUS, LLC
LOT 8
BOZEMAN HAUS, LLC
LOT 9
JOSEPH M.
ANDERSON
LOT 10
MIKAEL AERON
MOORE
LOT 7
BOZEMAN HAUS, LLC
LOT 6
BOZEMAN HAUS, LLC
LOT 4
BOZEMAN HAUS, LLC
GRAN CIELO SUBDIVISION PHASE 110' UTILITY EASEMENT
PER DOC. NO. 2788885S 31ST AVENUE(60' PUBLIC RIGHT-OF-WAY)CIELO WAY
(60' PUBLIC RIGHT-OF-WAY)
S89°55'41"E, 89.96'64.99'38.00'45.00'36.02'45.00'65.22'37.98'45.00'35.96'45.03'12.02'11.90'10.93'10.94'34.10'34.06'33.10'32.98'7.00'K:\Bozeman\Bozeman Haus LLC\2024500 Gran Cielo 1 - Block 4 Subdivision\05CAD\Sheets\24500 - PLAT.dwg CON OF APP 7/22/2026 4:28:21 PM
MINOR SUBDIVISION
GRAN CIELO, BOZEMAN, MT
1/4 TWP.RGE.SEC.
23 2S 5E
2 of 2
ENG I NEERING
DESIGNED BY:
DRAWN BY:
CHECKED BY:
DATE:
JRT
JKZ
7/22/26
15267 SE RIVERSHORE DR.
VANCOUVER, WA 98683-5371
895 TECHNOLOGY BLVD., SUITE 203
BOZEMAN, MT 59718
(406) 624-3910
www.wwcengineering.com
PREPARED FOR:
PREPARED BY:
BOZEMAN HAUS, LLC.
SHEET NO.
REVISIONNO.BY DATE
PROJECT NO. 2024-500
SURVEY IS NOT VALID UNLESS SEAL
CONTAINS THE SIGNATURE OF THE
PROFESSIONAL LAND SURVEYOR
(M)
(R)
FOUND 5/8" REBAR WITH NO CAP
FOUND 2" ALUMINUM CAP (ALPINE 14535LS)
CALCULATED POSITION NOTHING FOUND OR SET
BOUNDARY THIS SURVEY
NEW BOUNDARY THIS SURVEY
ADJACENT BOUNDARY
MEASURED DISTANCE
RECORD DISTANCE (GRAN CIELO SUBDIVISION PHASE 2)
LEGEND
PREVIOUS BOUNDARY
0
SCALE: 1" = 20'
2010
SET YELLOW PLASTIC CAP (ZISKA 18636LS) ON 5/8" x 24" REBAR
JRT
LOTS 1-5, BLOCK 4, GRAN CIELO SUBDIVISION PHASE 2
LOCATED IN THE NW1/4 OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M.
GALLATIN COUNTY, MONTANA
GRAN CIELO MINOR SUBDIVISION NO. __________
NOTIFICATIONS AND CERTIFICATES
The Bozeman Haus LLC do hereby certify that the text and/or graphics shown on
the Conditions of Approval sheet(s) represent(s) the requirements by the governing
body for final plat approval and all conditions of the subdivision application have
been satisfied.
The Bozeman Haus LLC do hereby certify that the information shown is current as
of the date of this certification, and that changes to any land-use restrictions or
encumbrances may be made by amendments to covenants, zoning regulations,
easements, or other documents as allowed by law or by local regulations.
The Bozeman Haus LLC hereby certify that We acknowledge that federal, state,
and local plans, policies, regulations, and/or conditions of subdivision approval may
limit the use of the property, including the location, size, and use as shown on the
Conditions of Approval sheet or as otherwise stated. Buyers of property should
ensure that they have obtained and reviewed all sheets of the plat and all
documents recorded and filed in conjunction with the plat. Buyers of property are
strongly encouraged to contact the local planning department and become informed
of any limitations on the use of the property prior to closing.
DATED this ___________ ____day of _____________________,20___
__________________________________________________________________
By: Ray Akrawi, Authorized Representative of Bozeman Haus, LLC
State of Montana )
s.s.
County of Gallatin )
On this day of , 20 , before me, a Notary Public in and for
said state, personally appeared Ray Akrawi, known to me to be the person who
signed the foregoing instrument as Authorized Representative of Bozeman Haus,
LLC, and acknowledged to me that such LLC executed the same. IN WITNESS
WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first written above.
__________________________________________________________________
Signature
__________________________________________________________________
Printed name
Notary Public for the state of Montana
Residing at ____________________
My commission expires ___________
CONDITIONS OF APPROVAL
1. Maintenance of all stormwater facilities, including stormwater facilities within the
park parcels, is the responsibility of the property owners' association (POA).
2. No crawl spaces will be permitted with future development of the site, unless a
professional engineer registered in the State of Montana certifies that the lowest
point of any proposed structure is located above the seasonal high groundwater
level and provide supporting groundwater data prior to the release of building
permit. In addition, sump pumps are not allowed to be connected to the sanitary
sewer system.
3. Sump pumps are not allowed to be connected to the drainage system unless
capacity is designed into the drainage system to accept the pumped water.
Water from sump pumps may not be discharged onto the streets, such as into
the curb and gutters where they may create a safety hazard for pedestrians and
vehicles.
4. Topsoil depth and topsoil quality requirements must be met on all future
subdivided lots prior to installation of landscaping and irrigation, as outlined in
the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
5. Subdivision is exempt from Parkland requirements per Sec. 38.420.020.B.5. -
Development for which the required amount of parkland is shown to have
already been provided.
CONDITIONS OF APPROVAL
RECORDED DOCUMENTS
1. Gran Cielo Subdivision Phase 2, Document Number 2788885.
2. Declaration of Covenants, Document Number 2697022.
3. Amended Covenants, Document Number ________________.
4. Sidewalk Improvements Agreement for Gran Cielo Minor Subdivision Number
__________ Bozeman, Montana per Document Number _______________.
NOTES
1.The purpose of this survey is to create a 7 lot subdivision.
2.This survey was performed for Bozeman Haus, LLC.
3.A title commitment was not provided by the client and the surveyor did
not perform a full title search. All easements may not be shown.
4. Buyers of property should ensure that they have obtained and reviewed all
sheets of the plat and all documents recorded and filed in conjunction with the
plat, and that buyers of property are strongly encouraged to contact the local
community development department and become informed of any limitations
on the use of the property prior to closing.
5. Open space and parkland requirements have been met per Gran Cielo
Subdivision Phase 2, Document No. 2788885.
52
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer, Transportation & Engineering
Emiliano Esparza, City Engineer, Transportation & Engineering
Nicholas Ross, Director of Transportation & Engineering
SUBJECT:Authorize the City Manager to Sign a Funding and Local Agency Guidelines
(LAG) Agreement with the Montana Department of Transportation for the
2025 Transportation Alternatives Flanders Mill Sidewalk Project
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Funding and Local Agency Guidelines
(LAG) Agreement with the Montana Department of Transportation for the
2025 Transportation Alternatives Flanders Mill Sidewalk Project.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:
In April of 2025, the City of Bozeman applied for a federal Transportation
Alternatives (TA) grant to construct the stretch of missing sidewalk along
Flanders Mill Road adjacent to the Sports Park and provide pedestrian safety
enhancements at Baxter Lane. The city received an award for funding in Fall
of 2025. The next step of grant development is approval of a Funding and
Local Agency Guidelines (LAG) agreement with the Montana Department of
Transportation (MDT).
Transportation Alternatives is a reimbursement program. MDT is responsible
for managing the distribution of this funding and for providing review of
project development. The City of Bozeman will manage the design and
construction of the project. Project development will take place during
FY2027 with construction anticipated in FY2028.
The agreement has been reviewed by staff and is recommended for
approval. The blanks in Article I of the agreement will be filled out by MDT
after the agreement is signed and funding is requested from FHWA. MDT
will provide a final copy of the agreement with that information once it is
available.
UNRESOLVED ISSUES:None
53
ALTERNATIVES:None
FISCAL EFFECTS:The total project costs are estimated to be $688,803.00. The federal
reimbursement to the city will be $596,365.00. The city's match will be
$92,438.00. Funding has been approved in the FY27-31 Capital
Improvement Plan and FY27-28 Biennium Budget as project STR168 in the
Park Land Trust Fund.
Attachments:
Flanders Mill Sidewalk - Bozeman_MDT Agreement for
consent.pdf
Report compiled on: September 11, 2026
54
MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 2 of 18
Funding, Construction, Maintenance and Local Agency
Guidelines (LAG) Agreement
Federal Project ID To be Determined
Flanders Mill Sidewalk-Bozeman UPN 10751000 MDT Contract Number 114353 This Agreement by and between the City of Bozeman (Local Agency) and the Montana Department of Transportation (MDT) (collectively Parties) establishes the responsibilities and duties of the Parties with respect to Project activities within the City of Bozeman, Montana.
Whereas, the construction will be accomplished through Uniform Project Number 10751000, Federal-Aid Project Number Federal Project ID To be Determined titled Flanders Mill Sidewalk - Bozeman (Project) within the City of Bozeman and further described in the Project Location Map in Attachment “B”; and,
Whereas, Federal Highway Administration (FHWA) funds available through the Transportation Alternatives Program will be used to pay for the construction, the Local Agency and MDT must ensure that federal and state requirements are met for the Project to remain eligible for state and/or federal funding; and,
Whereas, the road upon which the Project is located is a public road not on any Commission-designated highway system, and the Local Agency is the maintaining authority of the roadway; and,
Whereas, MDT and Local Agency recognize the need to construct the Project, the Local Agency deeming it to be a valuable and beneficial consideration, and the Parties are willing to share in its costs in accordance with Article VI, Funding; and,
Whereas, the Local Agency and MDT are also parties to a City-Maintained Urban Highway System Routes Citywide Memorandum of Agreement (Citywide MOA) setting forth the responsibilities of the Parties related to performance of construction and maintenance of roadway and right-of-way features on Urban Highway System Routes designated by the Montana Transportation Commission and not maintained by MDT; and, Now, therefore, the Parties agree as follows:
ARTICLE I. FEDERAL SUBRECIPIENT AWARD INFORMATION All information not included below will be provided by MDT in a supplemental document when the Local Agency submits its first request for reimbursement. 1. Subrecipient's name: City of Bozeman; 2. Local Agency’s Unique Entity ID: EEAPKALAEM35;
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3. Federal Award Identification Number (FAIN): _________; 4. Federal Award Date: _________; 5. Subaward Period of Performance Start and End Date: _________; 6. Subaward Budget Period Start and End Date: _________; 7. Amount of Federal Funds Obligated in the subaward: _________; 8. Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity, including the current financial obligation: _________; 9. Total Amount of the Federal Award committed to the subrecipient by the pass-through entity: _________;
10. Federal Award Project Description: Transportation Alternatives; 11. Awarding Agency: FHWA; 12. Assistance Listing Number: 20.287; 13. This Project is not for research and development; and 14. Indirect Cost Rate: If the Local Agency chooses to claim an indirect cost rate for reimbursement, it must do so in accordance with 2 CFR Part 200.414 and Section E, Appendices III-VIII. The Local Agency may use the current 15% de minimis indirect cost rate, unless the Local Agency has an indirect cost rate approved by a cognizant agency and submits a copy of the indirect cost approval letter to MDT.
ARTICLE II. GENERAL OBLIGATIONS OF MDT 1. MDT will provide appropriate and timely input during the Project’s development. 2. If the Local Agency does not fulfill its maintenance requirements as stated herein, MDT may complete the required maintenance and seek compensation from the Local Agency. In doing so, MDT must first provide notice to the Local Agency, allowing reasonable time to complete any such maintenance. If MDT performs such maintenance under this section, it must provide detailed invoices of such costs to the Local Agency. 3. MDT may complete any roadway or right-of-way maintenance required due to a public emergency and seek compensation from the Local Agency for any costs incurred. In doing so, MDT may first provide notice to the Local Agency, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the Local Agency.
ARTICLE III. GENERAL OBLIGATIONS OF THE LOCAL AGENCY 1. The Local Agency will design, award, and administer the contract to construct the Project.
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2. The Local Agency will provide MDT opportunities to participate in the Project’s development, including invitation to the final inspection of the Project. 3. The Local Agency agrees to conform in all regards to Mont. Code Ann. Title 61, Chapter 8, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in Mont. Code Ann. Title 61, Chapter 8. 4. The Local Agency will maintain all items within the off-system roadway rights of way, including the roadway surface (pavement repair, pavement preservation, and snowplowing), and will maintain all features, including signals (if present) and non-decorative roadway lighting, unless otherwise noted herein. 5. The Local Agency is responsible for issuing all future encroachment and approach permits in accordance with the Citywide MOA and ensuring the resulting actions do not interfere with roadway or pedestrian travel or decrease safety. 6. The Local Agency will continue to enforce the ordinances, laws and/or regulations necessary and essential for the operations of the Project. 7. The Local Agency, at its sole expense, must obtain and maintain all federal, state and local building permits or other permits of any type or nature required by a governing authority, except as noted in this Agreement. 8. The Local Agency agrees to regulate utility occupancy on the right-of-way of this roadway in conformance with occupancy regulations that comply with or are more restrictive than the requirements of the Administrative Rule of Montana 18.7.201 through 18.7.231, governing "Right of Way Occupancy by Utilities." 9. The Local Agency agrees it will assume full and complete responsibility for the Project, including any right-of-way or easements acquired for the Project and ownership and responsibility for any permits obtained for the Project.
ARTICLE IV. PROJECT-SPECIFIC CONSTRUCTION PERMITS OR PROVISIONS 1. Small Municipal Separate Storm Sewer System (MS4) Permit a. MDT concludes, and the Local Agency agrees, the Project work is designed in compliance with applicable Small MS4 Permit requirements. b. The Local Agency agrees to operate, monitor and maintain storm water management features in compliance with applicable MS4 requirements.
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ARTICLE V. PROJECT-SPECIFIC FEATURES 1. Sidewalks a. Upon completion of the Project by the Local Agency and its contractor, the Local Agency agrees to maintain and repair the sidewalks within the Project limits and ensure they are safe and functional for the traveling public. 2. Culverts a. Upon completion of the Project by Local Agency and its contractor, the Local Agency agrees that it is responsible, at no cost to MDT, to service, maintain and repair the culverts installed as part of this Project. b. For the purposes of this Agreement, “maintenance of culverts,” is defined as: cleaning or removing debris from culverts; replacing broken grates and rehabilitating or replacing culverts; and inspecting facilities annually. 3. Local Agency Signs a. Upon completion of the Project by the Local Agency and its contractor, the Local Agency agrees that it is responsible, at no cost to MDT, to maintain the Local Agency signs (e.g., trail signs, parking signs, etc.) within the Project. b. For the purposes of this Agreement, “maintenance of signs,” is defined as: the inspection, cleaning, repair and replacement of signs damaged through weathering, vandalism, wind, or other means. 4. Pavement Markings a. Upon completion of the Project by the Local Agency and its contractor, the Local Agency agrees that it is responsible, at no cost to MDT, to maintain the pavement markings within the Project. 5. Rectangular Rapid Flashing Beacons a. Upon completion of the Project by MDT and its contractor, the Local Agency agrees that it is responsible, at no cost to MDT, to service, maintain, repair and pay the costs of operating (including utility costs) the beacon installed as part of this Project. b. For the purpose of this Agreement, “maintenance of the beacon” is defined as: the inspection of the lighting system for operation, cleaning lamps, lenses and reflectors, stocking of replacement parts, bulb replacement, and repairs to and replacement of damaged fixtures.
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ARTICLE VI. FUNDING 1. The Local Agency agrees to pay the requisite 13.42% non-federal matching funds for the Project and associated indirect costs up to the allowable overrun percentage in accordance with Tables 1 and 2 below. 2. The Local Agency is responsible for 100% of non-federal aid eligible costs and for the payback of state and federal funds expended on non-federal aid eligible elements of the Project, if required. 3. It is understood and agreed between the Parties that Mont. Code Ann. § 17-1-106 requires any state agency that receives non-general funds, including MDT, to identify and recover its indirect costs. These costs are in addition to the direct Project costs. Indirect costs will be recovered on MDT charges to the Project at the rate for the fiscal year in which the charges are incurred. MDT will not recover indirect costs on Local Agency charges to the Project. See Table 1 below. 4. The Local Agency will be billed in advance for its share of MDT charges, including indirect costs. The billing for the Project’s preliminary engineering (PE) phase for MDT charges will be sent within 30 days of this Agreement being signed. The billing for the Project’s Construction Engineering (CE) and Construction (CN) phases will be sent no fewer than sixty (60) days prior to the Project’s anticipated advertisement for letting. 5. The Local Agency will submit payment to MDT within thirty (30) days of billing. Payments to this Project will be provided to MDT in the form of a check. The payment(s) should be sent to MDT at: Montana Department of Transportation Attention: Accounting Processing Section 2701 Prospect Avenue P.O. Box 201001 Helena, MT 59620-1001 6. MDT will not submit programming requests to FHWA for individual Project phases until the required local funds have been transferred to MDT. The Project funding for CE & CN phases must be agreed upon by the Local Agency and MDT prior to the project advancing past the PE phase. The Local Agency shall not advertise for construction until the Project has been authorized by FHWA for the funds to be reimbursable. 7. If payment is not made by the Local Agency within the thirty (30) day period, interest on the unpaid amount will accrue at the rate of 10% per year and continue to accrue until paid in full.
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8. MDT will not participate in any future funding Agreement with the Local Agency until full payment, including any interest, is received from the Local Agency. 9. Local Agency agrees that if the Local Agency terminates Project development at any time, it will reimburse MDT for all costs incurred by MDT up to the date of the stoppage, including any required payback of Federal funds already expended on the Project. 10. The current Project cost estimate, including IDC and inflation, is shown in Table 1. This estimate will be updated, until Project closeout, at Project milestones and/or as more refined estimates become available. Any such revisions will be incorporated into this Agreement via Amendment, in accordance with the General Terms and Conditions. 11. The Local Agency's Project Manager will inform the MDT point of contact as soon as possible of anything that it appears will result in a cost increase and will discuss with MDT the need for any possible additional funds, alternative designs, and/or reduction of the Project’s scope and will consider MDT’s comments and concerns about the additional costs and/or alteration in scope or design. None of this will prevent, delay, or excuse the Local Agency from paying for any additional costs deemed necessary by MDT. 12. The Local Agency agrees to award the Project using Federal and Local Agency matching funds, provided that the lowest responsive bid does not exceed the allowable overrun percentage shown in Table 2. 13. If the lowest responsive bid exceeds the allowable overrun percentage, as listed in Table 2, the Local Agency will contact MDT to determine a funding solution agreeable to both Parties. 14. The Parties understand that it is possible that the estimated cost of the Project’s construction may be exceeded once the Project has begun.
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Table 1 - Project Cost Estimate
Project
Phase Total Cost
of Phase Federal
Funds State
Matching
Funds
Local
Agency
Matching
Funds
Local
Agency
Additional
Funds Total Preliminary Engineering (PE) $69,357 $60,049 $0 $9,308 $0PE - Local Agency $60,310 $52,216 $0 $8,094 $0PE - MDT $9,047 $7,833 $0 $1,214 $0Construction (CN)CN - Local Agency Total Construction Engineering (CE) $15,078 $13,055 $0 $2,023 $0CE - Local Agency $12,062 $10,443 $0 $1,619 $0CE - MDT $3,016 $2,611 $0 $405 $0Right-of-Way (R/W) R/W - Local Agency Incidental Construction (IC) IC - Local Agency
SubtotalLocal Agency
SubtotalMDT
IDC (10.52%) $1,269 $1,099 $0 $170 $0
Grand Total $688,803 $596,365 $0 $92,438 $0
$0 $0 $0 $0 $0
$603,099 $522,163 $0 $80,936 $0
$0 $0 $0 $0 $0
$675,471 $584,822 $0 $90,649 $0$12,063 $10,444 $0 $1,619 $0
The above costs are estimates and include inflation and current IDC. The rows above are labeled with “MDT” and “Local Agency.” The MDT rows are costs originating from MDT to provide oversight. The Local Agency rows are costs originating from the Local Agency for project development, construction, and construction engineering. Both MDT and Local Agency rows are billed to Federal Funds (TA) and Local Agency Matching Funds. The Indirect Cost Rate (IDC) only applies to the MDT rows.
Table 2 - MDT Guidelines for Awarding Construction Agreements
(Used to determine allowable overrun cost participation based on construction bid award amount) LOWEST RESPONSIVE BID ALLOWABLE OVERRUN % UNDER $50,000 30% $50,000 - $200,000 25% $200,000 - $500,000 20% $500,000 - $2,000,000 15% OVER $2,000,000 10%
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ARTICLE VII. GENERAL OBLIGATIONS OF THE PARTIES 1. The Local Agency and MDT agree that the Project is a pilot project for a revised Local Agency Guidelines (LAG) process and will utilize the guidance set forth in the existing MDT LAG Manual (September 2013) where applicable and practical. The Local Agency and MDT agree to work in partnership to resolve any requirements of the LAG Manual that are not practical or feasible in the delivery and administration of this Project. 2. The Parties shall manage the delivery of the Project phases and Project areas of responsibility as identified below. a. Project Phases: i. [PL] Program Development (Planning) - MDT i. [PE] Project Development (NEPA/MEPA, Design, Permitting) - Local
Agency ii. [RW] Right of Way Acquisition – Local Agency iii. [IC] Utilities – Local Agency iv. [CN/CE] Advertising Bid & Award – Local Agency v. [CN & CE] Construction Contract Admin and Closeout - Local Agency b. Local Agency Project Area Responsibilities: i. Consultant selection and contract administration; ii. Design; iii. Environmental document preparation; iv. Advertisement, bid, and award; v. Civil Rights project management oversight, which includes compliance with the Americans with Disabilities Act (ADA), Disadvantaged Business Enterprise (DBE), Equal Employment Opportunity (EEO), On the Job Training (OJT), and Title VI Programs; and vi. Construction contract administration. c. MDT Project Area Responsibilities: i. Civil Rights reporting for ADA, DBE, EEO, OJT, and Title VI Programs; ii. Review of Environmental documents and/or submittal of certification to FHWA that the action qualifies for a Categorical Exclusion (CE) for projects as allowed in section IV.A. of the Programmatic Agreement Regarding the Processing of Action Classified as Categorical Exclusions for Federal-Aid Highway Projects and Amendment 1; iii. Final Environmental certifications; iv. Final certification of Right of Way (RW) transactions; v. Final certification of Utilities;
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vi. Requests for authorization of FHWA funds; vii. Public interest findings determinations; and viii. Project final acceptance. d. Federal Highway Administration (FHWA) Project Area Expectations: i. Review of National Environmental Policy Act (NEPA) environmental documents as described in Section IV.B of the Programmatic Agreement Regarding the Processing of Action Classified as Categorical Exclusions for Federal-Aid Highway Projects and Amendment 1 and coordination of Endangered Species Act (ESA) consultation with USFWS; ii. Review of MDT’s ADA, DBE, EEO, OJT, and Title VI programs; iii. Authorization of FHWA funds; iv. “Buy America” waiver requests; v. Experimental features and special experimental projects; and vi. Periodic audits of program and specific projects. 3. The Parties agree to the following Project personnel and communication structure: a. Project Manager – will be appointed and retained by the Local Agency and is the person with responsible charge as defined in 23 CFR 172.9. The Local Agency may appoint and retain different Project Managers for various Project phases and will inform MDT of any change in Project Management. b. Local Agency Liaison – will be appointed and retained by MDT to provide assistance as requested by the Local Agency. This liaison may be different MDT personnel during the design and construction phases. c. MDT Program Manager – will work directly with the Project Manager and Local Agency Liaison as needed. d. Local Agency Engineer – will provide principal oversight dedicating reasonable support and resources necessary for successful delivery of the Project. 4. Local Agency LAG Obligations a. The Local Agency shall track internal costs and Project expenses in an accounting system that can allocate costs by project and can code between allowable and unallowable costs. b. The Local Agency shall provide initial Project budget estimates to MDT broken out by phase and by work planned to be performed with internal Local Agency staff and work planned to be performed by consultants and/or contractors. c. The Local Agency shall present reimbursement requests for the Eligible Costs incurred by Local Agency on behalf of the Project directly to MDT’s Local Agency Liaison for review and approval. Such invoices shall identify the
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Project, UPN Number, Agreement number, Project phase, amount charged to each phase (e.g., PE, RW, CN), reimbursement request number, and itemize all expenses for which reimbursement is claimed. The Local Agency shall submit invoices to MDT no more often than monthly but at least once every three months, based on actual expenses incurred, and must clearly specify the percentage of completion of the Project. The Local Agency shall also include with the invoice a Project progress report or summary that describes work accomplished for the invoicing period, and work expected for the next invoicing period. i. Eligible Costs are the Local Agency’s actual Project costs that are: 1. Reasonable, necessary and directly incurred in the development of the Project; 2. Documented in accordance with generally accepted accounting principles established by the Governmental Accounting Standards Board; and 3. Eligible or allowed uses of Federal and State of Montana Funds. ii. Eligible Costs may include Indirect Costs (IDC) rates that have been approved by MDT. iii. MDT, in its sole discretion, determines whether a particular cost satisfies the criteria set forth in this Agreement and is an Eligible Cost. iv. The Local Agency may appeal any determination of an Ineligible Cost for further review, upon which, MDT will provide a detailed explanation of the determination, including any statute or program guidelines used to make such determination. d. The Local Agency shall have a written policy for the selection of engineering consultants that meets the requirements of 23 CFR 172. The Local Agency may choose to adopt MDT’s consultant selection policy, modified (in writing) to be applicable to Local Agency personnel. e. The Local Agency shall meet the requirements of 23 CFR Part 636 and Mont. Code Ann. Title 18 regarding design-build contracts. The Local Agency shall have a written procedure for design-build contracts, if applicable to this Project, or may choose to adopt MDT’s design-build guidelines. f. The Local Agency shall develop a Project delivery schedule, and status it no less than on a quarterly basis. The schedule will include milestones of major Project phases (PE, RW, I/C, CN, and CE). g. The Local Agency shall provide notice to MDT when subsequent Project phases (RW, IC, CN, CE) are ready to be programmed. This notice shall be provided at least three weeks prior to needed authorization for the phase to begin.
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h. The Local Agency shall not place or plan to place permanent Project features outside documented public right-of-way. If additional right-of-way (fee acquisition, easement, or temporary permits) are required, a RW phase will be initiated. i. The Local Agency shall be financially responsible for any federal payback required as a result of the Local Agency’s breach of this Agreement. j. The Local Agency shall not begin RW, IC, CE, or CN until the Project NEPA/MEPA document has been signed and approved. The Local Agency is encouraged not to begin final design activities until NEPA/MEPA documents are signed. k. If performing these phases, the Local Agency shall be responsible to complete environmental, RW, railroad, and utility certification prior to requesting programming for the construction (CN) phase. l. The Local Agency will utilize the Montana Public Works Standard Specifications, MDT Standard Specifications, City of Bozeman Modifications to Montana Public Works Specifications, or any combination thereof, for the administration of the Project, including construction inspection and materials testing. m. The Local Agency shall include MDT in preliminary plan reviews and document comment resolutions. MDT’s review shall include Americans with Disabilities Act (ADA) compliance, constructability, quantities, materials, and roadway geometrics. The Local Agency may use City of Bozeman Design and Construction standards, so long as those standards meet federal standards. MDT will review for compliance with federal standards. n. The Local Agency shall develop the Project plans and specifications in accordance with all applicable federal regulations and guidelines, including but not limited to ADA, Public Rights-of-Way Accessibility Guidelines (PROWAG), Manual on Uniform Traffic Control Devices (MUTCD), Buy America/Build America (23 CFR 635.410/2 CFR Part 184) etc. o. The Local Agency shall support MDT in delivering this Project in accordance with all federal and state requirements associated with federal funding. 5. MDT LAG Obligations a. MDT shall submit Project phase programming requests to FHWA. b. MDT shall provide timely cost reimbursements to the Local Agency upon properly completed reimbursement requests. c. MDT shall verify the completeness of the NEPA/MEPA documentation and provide a recommendation to the Local Agency when to begin work on final design activities.
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d. MDT shall provide final certification of the environmental, RW, railroad, and utilities, based on information and recommendations provided from the Local Agency. e. MDT shall be financially responsible for any federal payback required as a result of MDT’s breach of this Agreement. f. MDT shall consolidate all Project comments during plan reviews to avoid conflicting direction, as well as strive to provide comments no later than 14 days from the release of an agreed-upon plan package release date. g. MDT shall support the Local Agency in its efforts to successfully complete this Project by being responsive and providing guidance as requested. h. Upon request, MDT shall promptly provide personnel for a final Project walk-through and completion certification.
ARTICLE VIII. GENERAL TERMS AND CONDITIONS 1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the Parties. 2. Termination – This Agreement may be terminated by either party if the other party violates or breaches any term, condition, or article of this Agreement and the breaching party has failed to correct (or reasonably initiate correction) within 60 days of receiving notice in writing addressed to the breaching party’s representative, of such violation or breach. 3. Other Agreements – Other Agreements pertaining to the Project area remain in full force and effect. In the case of a conflict between this Agreement and a previously executed Agreement, including the Citywide MOA, the terms of this Agreement apply. 4. Hold Harmless & Indemnification a. The Local Agency agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments (including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the Local Agency’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of the Local Agency, its agents, or sub-contractors, under this Agreement, except the negligence of MDT. b. The State and MDT agrees to protect, defend, indemnify, and hold the Local Agency, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments (including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s
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employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub-contractors, under this Agreement, except the negligence of the Local Agency. 5. Insurance a. General Requirements: Each Party shall maintain for the duration of this Agreement, at its own cost and expense, insurance, a self-funded plan, or risk-pooling agreement covering claims for personal or bodily injury, death, or damage to property that may arise from or in connection with the performance of duties and obligations in this Agreement by each Party, its agents, employees, representatives, assigns, or sub-contractors. This coverage shall cover such claims as may be caused by any negligent act or omission. b. General Liability: Each Party shall purchase and maintain coverage with single and combined single limits for bodily injury, personal injury, and property damage at or exceeding the requirements of Mont. Code Ann. § 2-9-108 to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided under this Agreement or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. c. Workers’ Compensation Insurance: The Local Agency must maintain workers’ compensation insurance and require its contractors and its contractor’s sub-contractors to carry their own workers’ compensation coverage while performing work within MDT right-of-way in accordance with Mont. Code Ann. §§ 39-71-401 and 39-71-405. Proof of compliance must be in the form of worker’s compensation insurance, an independent contractor’s exemption, or documentation of corporate officer status. Neither the Local Agency nor its contractor, subcontractors, and employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. d. General Provisions: All coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each Party must notify the other immediately of any material change in coverage, such as changes in limits, coverage, change in status of policy, etc. Each Party reserves the right to request complete copies of the other Party’s insurance policy or self-insured memorandum of coverage at any time. 6. Public Safety – If any repairs to the elements of the Project must be performed to address or prevent a public hazard, the Local Agency will immediately protect the area from public access, contact the appropriate MDT Area Maintenance Office, and make reasonable and timely effort to correct or repair the hazard.
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7. Invoicing – If MDT incurs any costs resulting from this Agreement, MDT shall be entitled to be compensated for such costs by the Local Agency and the Local Agency shall pay the same within thirty (30) days of its receipt of such invoices. i. Invoices will be sent to: City of Bozeman Attn: Laurae Clark Treasurer 121 N. Rouse Ave. P.O. Box 1230 Bozeman, MT 59715 (406) 582-2303 ii. Payments shall be made to: Montana Department of Transportation Attention: Accounting Processing Section 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 8. Indirect Costs (IDC) – Mont. Code Ann. § 17-1-106 requires all state agencies, including MDT, which receive non-general funds to identify and recover indirect costs (IDC) in addition to direct project costs. MDT’s IDC rate is recalculated annually, as defined in 2 CFR Part 200, Appendix VII. The IDC rate in effect for the fiscal year MDT incurs the costs will be charged to the Local Agency in addition to the direct project costs. 9. Choice of Law and Venue – This Agreement shall be governed by the laws of Montana. The Parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees except as otherwise noted in this Agreement. 10. Binding Effect – The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, the respective successors, administrators and assigns of the Parties. 11. Relationship of Parties – Nothing contained in this Agreement shall be deemed or construed (either by the Parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 12. Non-Discrimination – The Local Agency will require that during the performance of any work arising out of this Agreement the Local Agency, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment “A.”. 13. ADA – MDT requires that any construction or maintenance resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current
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MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Access Board Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, and MDT’s Detailed Drawings, 608 series. 14. Audit – The Local Agency grants to the Legislative Auditor and the Legislative Fiscal Analysts the right, without prior notice and during normal business hours, to audit, at their own costs and expense, all records, reports, and other documents, the Local Agency maintains in connection with this Agreement. 15. Utilities – This Agreement is subject to the right of any private or public utility entity now lawfully occupying the right-of-way to continue to operate and maintain utility facilities thereupon. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 16. Amendment and Modification – This Agreement may be modified or amended only by written Amendment signed by the Parties. In addition to the terms and conditions contained herein, the provisions of any Amendment may be incorporated and made a part hereof by this reference in the terms of the Amendment so provided. In the event of any conflict between the terms and conditions hereof and the provisions of any Amendment, the provision of the Amendment shall control, unless the provisions thereof are prohibited by law. 17. Access and Retention of Records – The Local Agency agrees to provide MDT, the State of Montana Legislative Auditor, or their authorized agents access to any records necessary to determine compliance with the Agreement. The Local Agency agrees to create and retain records supporting this Agreement for a period of three (3) years after the completion date of the Agreement or the conclusion of any claim, litigation or exception relating to the State of Montana or a third party. 18. Severability – In the event that any one or more of the provisions of this Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 19. Representatives a. Local Agency’s Representative: The Local Agency’s Representative for this Agreement shall be the Local Agency Manager or such other individual as Local Agency shall designate in writing. Whenever approval or authorization from or communication or submission to Local Agency is required by this Agreement, such communication or submission shall be directed to the Local Agency’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when Local Agency’s Representative is not available, MDT may direct its communication or submission to other designated Local Agency personnel or agents.
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b. MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Area Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that in exigent circumstances when MDT’s Representative is not available, Local Agency may direct its direction or communication or submission to other designated MDT personnel or agents. 20. Counterpart Execution – This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the Parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received.
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IN WITNESS WHEREOF, MDT’s authorized representative has hereunto signed on behalf of the State of Montana, and the Local Agency’s authorized representative on behalf of the Local Agency, has signed and affixed hereto the seal of the Local Agency.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
By Montana Department of Transportation Date Approved for Legal Content Approved for Civil Rights
CITY OF BOZEMAN
Chuck Winn City Manager Attest:
Mike Maas City Clerk Approved for Legal Content:
Greg Sullivan City Attorney
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ATTACHMENT A: MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE
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Rev. 01/2026 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE Montana Department of Transportation (“MDT”) is committed to conducting all of its business in
an environment free from discrimination, harassment, and retaliation. In accordance with State
and Federal law MDT prohibits any and all discrimination and protections are all inclusive
(hereafter “protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, religion, national origin, sex, age, disability, and genetic information. Race; color; national origin; familial or marital status; pregnancy, childbirth, or medical conditions related to pregnancy or childbirth; creed; social origin or condition; genetic information; sex, sexual orientation, gender identification or expression; ancestry; age; mental or physical disability; political or religious affiliations or ideas; military service or veteran status; vaccination status or possession of immunity passport.
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply
with all Acts and Regulations of the United States and the State of Montana relative to
Non-Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, 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:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes
in the selection and retention of subcontractors, including procurements of
materials and leases of equipment, employment, and all other activities being
performed under this contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. Statement that PARTY does not discriminate on the grounds of any
protected classes.
ii. Statement that PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability,
upon request, pursuant to the Americans with Disabilities Act as
Amended (ADA).
73
iii. Contact information for PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations
under the ADA.
iv. Information on how to request information in alternative accessible
formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision,
in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on
the basis of merit and qualifications and that PARTY does not discriminate on the
grounds of any protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this
contract/agreement, the PARTY must comply with applicable federal and state
laws regarding the DBEs, including but not limited to 49 CFR Part 26.
b. By signing this agreement the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49
CFR part 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the
PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation, made by the PARTY 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 PARTY of
the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the
United States and the State of Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required
by the Acts, 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 MDT or relevant US DOT Administration 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 PARTY will so certify to MDT or relevant US DOT
Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non-
discrimination provisions of this contract/agreement, MDT will impose such sanctions as it
74
or the relevant US DOT Administration may determine to be appropriate, including, but
not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the
PARTY complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in
part.
(7) Pertinent Non-Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and
successor in interest, agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Federal
- 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 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601 et seq.), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
- Sections 162 and 301(g) of the Federal-Aid Highway Act of 1973, (Public Law No. 93-87,
87 Stat. 250, codified at 23 U.S.C. § 324), (prohibits discrimination on the basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
- Section 520 of the Airport and Airways Improvement Act of 1982, (49 U.S.C. § 47123),
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (Public Law No. 100-259), (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, (42 U.S.C. §§ 12131 through
12189), which prohibits discrimination on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation, and
75
certain testing entities as implemented by Department of Transportation regulations at
49 CFR parts 37 and 38;
- Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex in education programs or activities (20 U.S.C. § 1681
et seq.).
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraphs one
through seven in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and/or directives cited therein.
The PARTY will take action with respect to any subcontract or procurement as MDT or
the relevant US DOT Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the PARTY becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such direction,
the PARTY may request MDT to enter into any litigation to protect the interests of MDT.
In addition, the PARTY may request the United States to enter into the litigation to protect
the interests of the United States.
76
ATTACHMENT B: PROJECT LOCATION MAP
77
78
Memorandum
REPORT TO:City Commission
FROM:Sam Bearzi, Fleet Manager
Nick Pericich, Water/Sewer Superintendent
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize City Manager to Sign Purchase Agreement with SWS Equipment
LLC for the Purchase of One Sewer Jetting Truck
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve City Manager to Sign Purchase Agreement with SWS Equipment LLC
for the purchase of one Sewer Jetting Truck
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The City currently operates two Sewer Jetting Trucks. These trucks perform
the critical function of cleaning and clearing sewers to prevent backups and
odors. This purchase replaces a 2013 Sewer Jetter Truck (asset #3675) with
8,000 hours of operation in its life cycle. This replacement was selected
utilizing a Sourcewell cooperative purchasing contract to comply with State
and City procurement requirements. Exhibit A is the quote for the
replacement truck, Exhibit B is the Sewer Equipment of America Sourcewell
contract.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:This project was approved in the FY27-31 Capital Improvement Plan and
FY27-28 Biennium Budget, under project WW120. The total project cost will
be $406,574.13.
Attachments:
Purchase Agreement - WW120 Sewer Jetter
Exhibit A - Sourcewell Quote for SEA Sewer Jetter from SWS
Equipment
Exhibit B - Sewer Equipment Sourcewell Contract 021726
Report compiled on: September 15, 2026
79
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Agreement for Purchase of Sewer Jetter Truck
FY2027
Page 1 of 7
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of October, 2026 (“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, SWS Equipment LLC., PO Box 13040, Spokane, WA 99213,
hereinafter referred to as “Seller.” The City and Seller may be referred to individually as “Party”
and collectively as “Parties.”
In consideration of the mutual promises and agreements hereinafter contained, the
parties agree as follows:
1. Property Purchased: Seller agrees to sell and City agrees to purchase the property
requested and described in Quote #5289-1, attached hereto as Exhibit A which is incorporated
into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller
hereby agrees that the sale, use, or incorporation into manufactured products of all machines,
software, hardware, materials and other devices furnished under this Purchase Agreement which
are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement
of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all
costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims,
suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or
actions.
2. Specifications: The Seller agrees that all material and workmanship in and upon
this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the
City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response
to the same.
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Agreement for Purchase of Sewer Jetter Truck
FY2027
Page 2 of 7
3. Price: The City agrees to pay $406,574.13 as the purchase price. All prices include
shipping and any applicable local, state or federal taxes that may be applied to the Property to
be purchased. This price is firm and not subject to escalation under agreed to in writing by the
City.
4. Delivery and Payment: Time is of the essence in the performance of this Purchase
Agreement. Seller assumes full responsibility for all transportation, transportation scheduling,
packing, handling, insurance, and other served associated with delivery of the Property.
Seller agrees to delivery to the City in a fully operational status and all accessories
properly installed no later than July 1st, 2027. Delivery will occur at 1812 N Rouse Ave, Bozeman,
MT 59715, or at a place otherwise designated in writing by the City. If delivery of the Property
and/or performance of services required under this Purchase Agreement cannot be made Seller
shall promptly notify the City of the earliest possible date for delivery or performance.
Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform
required services within the time specific or to the City’s satisfaction the City may terminate this
Purchase Agreement or any part therefore without liability except for good or services previously
provided and accepted. The City’s receipt or acceptance of any part of a non-conforming delivery
or service shall not constitute a waiver of any claim, right or remedy the City has under this
Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter,
City has the right to inspect the Property to ensure that it meets Specifications as modified by
Seller’s responses which have been accepted by City. If the Property meets the Specifications,
City shall tender the purchase price stated above to Seller through the City’s normal claim
process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from
the date of receipt of invoice or acceptance and delivery of goods and services by the City,
whichever occurs last. Payment will be made to Seller at the address previously stated unless
Seller provides a different address in writing.
5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable
state and federal anti-discrimination laws, regulations, and contracts. The Seller 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
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Agreement for Purchase of Sewer Jetter Truck
FY2027
Page 3 of 7
orientation, gender identity, physical or mental disability, except when the reasonable demands
of the position require an age, physical or mental disability, marital status or sex distinction. The
Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title
2, United States Code, and all regulations promulgated thereunder.
Seller 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, Montana Code Annotated
(MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Seller shall require these nondiscrimination terms of its subcontractors providing
products under this Agreement.
6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase
Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s
Specifications, City may, at its option, take any or all of the following actions without prejudice
to any other rights or remedies available to the City by law: (i) declare the Seller in default and
immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace
any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so,
repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in
the Property containing defective or nonconforming equipment or material and return for credit
or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach
by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure
substitute property to replace the Property described herein. In such event, Seller is liable to City
for the difference between the price set forth herein and the price paid by City for the
replacement property. Additionally, the City may pursue any other remedy it has at law or in
equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
7. Change Orders: The City shall have the right to revoke, amend, or modify this
Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s
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Agreement for Purchase of Sewer Jetter Truck
FY2027
Page 4 of 7
receipt of City’s written change order without response received by the City within 10 (ten)
business days or Seller’s shipment or other performance reflecting the change, whichever occurs
first, shall be Seller’s acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL
COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN EXHIBIT A AND
SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY
NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED
BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR
PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR
IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO
WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE
AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN,
MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN
COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS
AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE
DEEMED TO EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES
WHICH THE CITY MAY HAVE OR OBTAIN.
9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of
the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims,
demands, suits, damages, losses, and expenses connected therewith that may be asserted or
claimed against, recovered from or suffered by the City by reason of any injury or loss, including
but not limited to, personal injury, including bodily injury or death, property damage, occasioned
by, growing out of, or in any way arising or resulting from any intentional or negligent act on the
part of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by
the city of the Property.
10. Assignment: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
11. Entire Agreement: This Agreement, including its appendices, if any, embodies the
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Agreement for Purchase of Sewer Jetter Truck
FY2027
Page 5 of 7
entire understanding between the parties relating to the subject matter contained herein. No
agent or representative of either party has authority to make any representations, statements,
warranties or agreements not herein expressed and all modifications or amendments of this
Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
13 Permits: Seller shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
14. Laws and Regulations: Seller shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
15. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’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.
16. 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
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Agreement for Purchase of Sewer Jetter Truck
FY2027
Page 6 of 7
such term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
17. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing Party or the Party giving notice shall be entitled to
reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
including the City Attorney’s Office staff.
18. Dispute Resolution:
a. Any claim, controversy, or dispute between the Parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions.
b. If the Parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
19. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. 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 ****
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Agreement for Purchase of Sewer Jetter Truck
FY2027
Page 7 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives the day and year first above written.
CITY OF BOZEMAN SWS Equipment, LLC.
By___________________________ By____________________________
Chuck Winn, City Manager Jason Hendrickson
CEO/President
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
87
Page | 1 Quote #5289-2
Quote To: Ship To: Quote #: 5289. 2
City of Bozeman 814 North Bozeman Avenue Date: 09/11/2026
Nick Pericich Bozeman, MT 59715 Sales Rep: Alan Larson
npericich@bozeman.net FOB: Bozeman
Phone: 4065823202 Bill To: Ship Via: Bestway
Cell: PO Box 1230 Est. Ship Date: 210 Days
Bozeman, MT 59771-1230 Term: Net Prior to
Shipping
Sewer Equipment of America #021726-SCA
City of Bozeman Member #184564
Price Includes Two Days of Technician Training at Sewer Equipment Dixon IL.
City of Bozeman will pay Travel Fees
Qty Description Unit Price Ext. Price
1 Sewer Equipment 800-HPR ECO Truck Mounted High Pressure Sewer Cleaner.
Standard Options: Rear Compartment Options: Giant 65 GPM @ 2000 PSI w/30 Min
Run Dry Capability. Hydrostatic Drive Via Trans Power PTO. Lighted NEMA 4 Control
Panel. Tachometer / Hour Meter. Air Purge Valve. Recirculation System at Highway
Speed. Painted Steel Shroud Enclosure w/ 3 Roll-Up Doors. 80,000 BTU
Compartment Heater. Midship Water Manifold System. Consolidated Water Drain
System. Hose Reel & Hose Option: Telescoping & Rotating Safety Reel w/ 700 ft
Capacity of 1 in Hose. Tank & Fill: 1500 Gallon Duraprolene (Black) Water Tank w/10
Year Warranty. 2.5 in Fill System. Truck: Mounting to Approved Chassis. Mudflaps &
Aluminum Side Skirting. Bumper / Hitch Receiver. Aluminum Underbody Toolboxes
(2) Per Side (1) Rear. D.O.T. Approved LED Lighting. Nozzles & Accessories: 10 ft
Leader Hose. BB Hose Guide. Tri-Star (Chisel Point) Nozzle. DD (High Flow) Nozzle.
Finned Nozzle Extension. Nozzle Rack. 25 ft Fill Hose. Washdown Gun w/25 ft Ext.
Hose. Upstream Pulley Guide. Paper Operator / Owner Manual.
$ 166,385.00 $ 166,385.00
1 Upgrade Water System To Giant 80 Gpm @ 2000 Psi Plunger Style Triplex Water
Pump W/30 Min Run Dry Capability $ 11,878.00 $ 11,878.00
1 Washdown System W/50' Retractable Hose Reel (Access through rear door) $ 1,755.00 $ 1,755.00
1 Electric Overhead Canopy - 8' Extension $ 8,022.00 $ 8,022.00
1 Upgrade To 1000' Capacity Hose Reel In Lieu Of Standard Capacity $ 3,468.00 $ 3,468.00
1000 Sewer Hose (1'' I.D. X 2500 Psi Operating Pressure) Per Ft. $ 5.87 $ 5,870.00
1 Automatic Levelwind With Hydraulic Up/Down Action $ 8,851.00 $ 8,851.00
1 Digital 'Smart Counter' Footage Meter +/- 3% Accuracy $ 3,911.00 $ 3,911.00
1 Fill Hose Storage Rack $ 273.00 $ 273.00
1 LED Compartment Light $ 280.00 $ 280.00
1 Toolbox Lighting $ 1,289.00 $ 1,289.00
1 Manhole Work Light Mounted on Hose Reel $ 595.00 $ 595.00
1 (4) Work Flood Light Package - (2) Rear Mounted Above Shroud Door, (1) Driver(4)
Work Flood Light Package - (2) Rear Mounted Above Shroud Door, (1) Drivers Side
Mounted Above Water Pump Door, (1) Passenger Side Mounted Above Water
Manifold Door, Switch On Cab Box
$ 2,131.00 $ 2,131.00
SWS Equipment, LLC.
Four Locations Serving Washington, Idaho, Montana, Oregon
All Correspondence Remit: PO Box 13040, Spokane, WA 99213
800-892-7831 ~ Fax 509-533-1050 ~ alanl@swsequipment.com
www.SWSequipment.com
QUOTE
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Page | 2 Quote #5289-2
Qty Description Unit Price Ext. Price
1 Led Strobe Light (Factory Standard) $ 694.00 $ 694.00
1 (8) 4'' X 1'' Led Class 1 Surface Mounted Strobe Package - (2) Grill Mounted, (2)
Drivers Side Shroud, (2) Passenger Side Shroud, (2) Rear Of Shroud. $ 2,960.00 $ 2,960.00
1 Led Arrow Stick (Factory Standard) $ 1,409.00 $ 1,409.00
1 Hand-Held Wireless 12V/110V Rechargeable Led Spotlight W/Storage Bracket $ 443.00 $ 443.00
1 12vdc Power Outlet $ 88.00 $ 88.00
1 Wireless Remote Pendant Control (With Hose Reel Payout/Retreive, Throttle
Up/Down, Water On/Off, Water Pressure Up/Down, Hose Reel Speed Up/Down,
Water Pressure Display, And Kill Switch)
$ 9,212.00 $ 9,212.00
1 Wireless Remote Alarm (buzzer alarm sounds when truck is taken out of neutral
with remote not in charging dock) $ 325.00 $ 325.00
1 Air Purge System (Powered Via Chassis) $ 1,803.00 $ 1,803.00
1 Rear Back Up Camera W/7 Inch Color Monitor Mounted In Cab $ 1,467.00 $ 1,467.00
1 Lockable Long Handled Tool Storage (2) 4'' Tubes $ 1,078.00 $ 1,078.00
1 USB Operator's Manual $ 120.00 $ 120.00
1 Operator Training - Customer Location (1 Day) $ 2,208.00 $ 2,208.00
2 SERVICE Training - Sewer Equipment University (Dixon, Il / 2 Day) **Includes Hotels
& Meals** $ 1,300.00 $ 2,600.00
1 Grease Gun Kit: (Includes Gun & (2) Grease Tubes, Mounted On Hose Reel) $ 195.00 $ 195.00
1 2027 Peterbilt 548
Paccar PX-9 330 HP
Allison 3000 Automatic
Upgraded Passenger Seat, Air Disc Brakes and High Back Seats
Customer Added
Air Disc Brakes, Air Ride Passenger Seat, High Back Seats
$ 137,450.00 $ 137,450.00
1 800,000 Btu Boiler Rated @ 20 Gpm And System Pressure - 60°F Heat Rise - Not
Available With Winterization System $ 18,050.00 $ 18,050.00
1 Hitch - Reese Style (10,000 Lbs Maximum) W/Cab Mounted Brake Controller And 7-
Pin Rv Type Receptacle $ 969.00 $ 969.00
Subtotal $ 380,865.00 $ 388,029.13
Qty
1 Body Pre-Delivery Inspections
1 Fuel & Def for Delivery
1 Driveaway Service from Factory to SWS Location
1 Driveaway Service from SWS Location to Bozeman Mt
1 Dealer Supplied Content $ 18,545.00
Subtotal $ 18,545.00
Total $ 406,574.13
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Page | 3 Quote #5289-2
Grand Total $ 406,574.13
QUOTE VALID FOR 30 DAYS
PRICING IS SUBJECT TO CHANGE BASED ON CURRENT MATERIALS AND AVAILABILITY. APPLICABLE SALES TAX
NOT INCLUDED UNLESS OTHERWISE NOTATED - AMOUNT BASED ON FINAL INVOICE DATE.
ANY IMPLIED WARRANTY AS PER THE MANUFACTURER'S STANDARD WRITTEN WARRANTY PAYMENT DUE UPON
COMPLETION OF WORK OR AS SPECIFIED ABOVE
Due to a high level of uncertainty with regard to pricing changes from our vendors and the freight industry, the price and freight charges on this document may be
adjusted prior to shipping.
Signature: _________________________ Printed Name: ______________________ Date: _______________
90
021726-SCA
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MASTER AGREEMENT #021726
CATEGORY: Sewer Vacuum, Hydro- džĐĂǀĂƟŽŶĂŶĚDƵŶŝĐŝƉĂůWƵŵƉŝŶŐ ƋƵŝƉŵĞŶƚǁŝƚŚZĞůĂƚĞĚ
ĐĐĞƐƐŽƌŝĞƐĂŶĚ^ƵƉƉůŝĞƐ
^hWW>/ Z͗ ^ĞǁĞƌ ƋƵŝƉŵĞŶƚŽ͘ŽĨŵĞƌŝĐĂ
This Master Agreement (Agreement) is between Sourcewell, ĂDŝŶŶĞƐŽƚĂƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞlocated at
202 12th Street Northeast, Staples, MN 56479 (Sourcewell) and Sewer Equipment Co. of America, 1590
Dutch Road, Dixon, IL 61021 (Supplier).
Sourcewell is a ůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂŶĚƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞĐƌĞĂƚĞĚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞState of
DŝŶŶĞƐŽƚĂ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐ^ĞĐƟŽŶϭϮϯ͘ϮϭͿŽīĞƌŝŶŐ a CŽŽƉĞƌĂƟǀĞPurchasing Program to eligible
ƉĂƌƟĐŝƉĂƟŶŐŐŽǀĞƌŶŵĞŶƚĞŶƟƟĞƐ.
Under this Master Agreement entered with Sourcewell, Supplier will provide /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ to
WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚƌŽƵŐŚ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program.
ƌƟĐůĞϭ͗
'ĞŶĞƌĂůdĞƌŵƐ
dŚĞ'ĞŶĞƌĂůdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϭĐŽŶƚƌŽůƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůů
ĂŶĚ^ƵƉƉůŝĞƌĂŶĚĂƉƉůLJƚŽĂůůƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚďLJ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘^ƵďƐĞƋƵĞŶƚ
ƌƟĐůĞƐƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĐŽŶƚƌŽůƚŚĞƌŝŐŚƚƐ ĂŶĚŽďůŝŐĂƟŽŶƐĚŝƌĞĐƚůLJďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ
^ƵƉƉůŝĞƌ;ƌƟĐůĞϮͿ͕ĂŶĚďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ;ƌƟĐůĞϯͿ͕ƌĞƐƉĞĐƟǀĞůLJ͘dŚĞƐĞƌƟĐůĞϭ
'ĞŶĞƌĂůdĞƌŵƐĐŽŶƚƌŽůŽǀĞƌĂŶLJĐŽŶŇŝĐƟŶŐƚĞƌŵƐ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶLJƐubject,
WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚLJƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůLJĂĐĐĞƉƚĂďůĞƚĞƌŵƐ.
1)WƵƌƉŽƐĞ͘ Pursuant to Minnesota law, the Sourcewell Board of Directors has authorized ĂŽŽƉĞƌĂƟǀĞ
Purchasing Program designed to provide PĂƌƟĐŝƉĂƟŶŐEŶƟƟĞƐǁŝƚŚĂĐĐĞƐƐƚŽĐŽŵƉĞƟƟǀĞůLJĂǁĂƌĚĞĚ
ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐagreements. To facilitate the Program, Sourcewell has awarded Supplier this
ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐDĂƐƚĞƌŐƌĞĞŵĞŶƚĨŽůůŽǁŝŶŐĂĐŽŵƉĞƟƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐŝŶƚĞŶĚĞĚƚŽ
meet compliance standards in accordance with Minnesota law and the requirements contained
herein.
2)/ŶƚĞŶƚ͘ dŚĞŝŶƚĞŶƚŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƚŽĚĞĮŶĞƚŚĞƌŽůĞƐŽĨ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ͕ĂŶĚ
WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂƐŝƚƌĞůĂƚĞƐƚŽ^ŽƵƌĐĞǁĞůů͛ƐŽŽƉĞƌĂƟǀĞWƵƌĐŚĂƐŝŶŐWƌŽŐƌĂŵ͘
ϯͿ WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĐĐĞƐƐ͘ ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program Master Agreements are
ĂǀĂŝůĂďůĞƚŽĞůŝŐŝďůĞƉƵďůŝĐĂŐĞŶĐŝĞƐ;WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐͿ. WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͛ƐĂƵƚŚŽƌŝƚLJƚŽĂĐĐĞƐƐ
^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing PƌŽŐƌĂŵŝƐĚĞƚĞƌŵŝŶĞĚƚŚƌŽƵŐŚƚŚĞůĂǁƐŽĨŝƚƐƌĞƐƉĞĐƟǀĞ
ũƵƌŝƐĚŝĐƟŽŶ͘
4)^ƵƉƉůŝĞƌĐĐĞƐƐ͘ dŚĞ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŵĂLJďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽĂŶLJ
WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͘^ƵƉƉůŝĞƌƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͛ƐƵƐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĂƚƚŚĞ
WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͛ƐƐŽůĞĐŽŶǀĞŶŝĞŶĐĞ͘^ƵƉƉůŝĞƌǁŝůůĞĚƵĐĂƚĞŝƚƐƐĂles and service forces about
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^ŽƵƌĐĞǁĞůůĞůŝŐŝďŝůŝƚLJƌĞƋƵŝƌĞŵĞŶƚƐĂŶĚƌĞƋƵŝƌĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘^ƵƉƉůŝĞƌǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ
ĞŶƐƵƌŝŶŐƐĂůĞƐĂƌĞǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ.
5)dĞƌŵ͘ dŚŝƐŐƌĞĞŵĞŶƚŝƐĞīĞĐƟǀĞƵƉŽŶƚŚĞĚĂƚĞŽĨƚŚĞĮŶĂůƐŝŐŶĂƚƵƌĞďĞůŽǁ͘dŚĞƚĞƌŵŽĨƚŚŝƐ
ŐƌĞĞŵĞŶƚŝƐĨŽƵƌ;ϰͿLJĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘dŚĞŐƌĞĞŵĞŶƚĞdžƉŝƌĞƐĂƚϭϭ͗ϱϵW͘D͘ĞŶƚƌĂů
Time on June 11͕ϮϬϯϬ͕ƵŶůĞƐƐŝƚŝƐĐĂŶĐĞůůĞĚŽƌĞdžƚĞŶĚĞĚĂƐĚĞĮŶĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘
a) džƚĞŶƐŝŽŶƐ͘ Sourcewell and Supplier may agree to up to three ;ϯͿ ĂĚĚŝƟŽŶĂůŽŶĞ-year extensions
beyond the original four-year term. The total possible length of this Agreement will be seven (7)
LJĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘
b) džĐĞƉƟŽŶĂůŝƌĐƵŵƐƚĂŶĐĞƐ͘ ^ŽƵƌĐĞǁĞůůƌĞƚĂŝŶƐƚŚĞƌŝŐŚƚƚŽĐŽŶƐŝĚĞƌĂĚĚŝƟŽŶĂůĞdžƚĞŶƐŝŽŶƐĂƐ
ƌĞƋƵŝƌĞĚƵŶĚĞƌĞdžĐĞƉƟŽŶĂůĐŝƌĐƵŵƐƚĂŶĐĞƐ͘
6)^ƵƌǀŝǀĂůŽĨdĞƌŵƐ͘ EŽƚǁŝƚŚƐƚĂŶĚŝŶŐƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕ƚŚĞŽďůŝŐĂƟŽŶƐŽĨƚŚŝƐ
ŐƌĞĞŵĞŶƚǁŝůůĐŽŶƟŶƵĞƚŚƌŽƵŐŚƚŚĞƉĞƌĨŽƌŵĂŶĐĞƉĞƌŝŽĚŽĨĂŶLJƚƌĂŶƐĂĐƟŽŶĞŶƚĞƌĞĚbetween
^ƵƉƉůŝĞƌĂŶĚĂŶLJWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJďĞĨŽƌĞƚŚĞƚĞƌŵŝŶĂƟŽŶĚĂƚĞ͘
7)^ĐŽƉĞ͘^ƵƉƉůŝĞƌŝƐĂǁĂƌĚĞĚĂDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽƉƌŽǀŝĚĞƚŚĞƐŽůƵƟŽŶƐŝĚĞŶƟĮĞĚŝŶ#021726 to
WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘/Ŷ^ĐŽƉĞƐŽůƵƟŽŶƐŝŶĐůƵĚĞ͗
1. Sourcewell is seeking proposals for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping
Equipment with Related Accessories and Supplies principally intended or designed for the
cleaning of sewer lines, catch basins and storm sewers, or for municipal pumping applications,
ƐƵĐŚĂƐ͗
a. Sewer vacuums;
b. Sewer jetters and rodders;
c. Hydro or air excavation equipment;
d. Combination sewer cleaning and hydro-excavation units;
e. Dewatering, mud, trash, and centrifugal pumps;
f. Other pumps used in lift station, sewage treatment, water treatment, or water
collection facilities; and,
g.ĐĐĞƐƐŽƌŝĞƐ͕ƐƵƉƉůŝĞƐĂŶĚƌĞƉůĂĐĞŵĞŶƚŽƌǁĞĂƌƉĂƌƚƐƌĞůĂƚĞĚƚŽƚŚĞƌĞƐƉŽŶĚĞŶƚ͛Ɛ
offering of solutions in sub-sections 1. a.- f. above.
8)/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘ ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůto the above referenced RFP is incorporated into this Master
ŐƌĞĞŵĞŶƚ͘KŶůLJƚŚŽƐĞ^ŽůƵƟŽŶƐŝŶĐůƵĚĞĚǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůĂŶĚǁŝƚŚŝŶ^ĐŽƉĞ;/ŶĐůƵĚĞĚ
^ŽůƵƟŽŶƐͿĂƌĞŝŶĐůƵĚĞĚǁŝƚŚŝŶƚŚĞŐƌĞĞŵĞŶƚĂŶĚŵĂLJďĞŽīĞƌĞĚƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ.
9)/ŶĚĞĮŶŝƚĞYƵĂŶƟƚLJ͘ dŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĚĞĮŶĞƐĂŶŝŶĚĞĮŶŝƚĞƋƵĂŶƟƚLJŽĨƐĂůĞƐƚŽĞůŝŐŝďůĞ
WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ.
10)WƌŝĐŝŶŐ͘ WƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ;ŝŶĐůƵĚŝŶŐWƌŝĐŝŶŐĂŶĚĞůŝǀĞƌLJĂŶĚWƌŝĐŝŶŐKīĞƌĞĚtables) for all Included
^ŽůƵƟŽŶƐǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůŝƐŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘
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11)EŽƚƚŽ džĐĞĞĚWƌŝĐŝŶŐ͘ Suppliers may not exceed the prices listed in the current Pricing List ŽŶĮůĞ
with Sourcewell ǁŚĞŶŽīĞƌŝŶŐ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐŵĂLJ
request adjustments to pricing directly from ^ƵƉƉůŝĞƌĚƵƌŝŶŐƚŚĞŶĞŐŽƟĂƟŽŶĂŶĚĞdžĞĐƵƟŽŶŽĨĂŶLJ
ƚƌĂŶƐĂĐƟŽŶ.
12)KƉĞŶDĂƌŬĞƚ͘ ^ƵƉƉůŝĞƌ͛ƐŽƉĞŶŵĂƌŬĞƚƉƌŝĐŝŶŐprocess is included within its Proposal.
13)^ƵƉƉůŝĞƌZĞƉƌĞƐĞŶƚĂƟŽŶƐ͗
i)ŽŵƉůŝĂŶĐĞ͘ Supplier represents and warrants it will provide all Included ^ŽůƵƟŽŶƐ
under this Agreement in full compliance with applicable federal, state, and local laws and
ƌĞŐƵůĂƟŽŶƐ͘
ii)>ŝĐĞŶƐĞƐ͘ As applicable, Supplier will maintain a valid status on all required federal, state,
ĂŶĚůŽĐĂůůŝĐĞŶƐĞƐ͕ďŽŶĚƐ͕ĂŶĚƉĞƌŵŝƚƐƌĞƋƵŝƌĞĚĨŽƌƚŚĞŽƉĞƌĂƟŽŶŽĨ^ƵƉƉůŝĞƌ͛ƐďƵƐŝŶĞƐƐǁŝƚŚ
WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐŵĂLJƌĞƋƵĞƐƚĂůůƌĞůĞǀĂŶƚĚŽĐƵŵĞŶƚĂƟŽŶĚŝƌĞĐƚůLJĨƌŽŵ
Supplier.
iii)^ƵƉƉůŝĞƌtĂƌƌĂŶƚƐ͘ Supplier warrants that all Included ^ŽůƵƟŽŶƐĨƵƌŶŝƐŚĞĚƵŶĚĞƌƚŚŝƐ
Agreement are free from liens and encumbrances, and are free from defects in design, materials,
ĂŶĚǁŽƌŬŵĂŶƐŚŝƉ͘/ŶĂĚĚŝƟŽŶ͕^ƵƉƉůŝĞƌǁĂƌƌĂŶƚƐƚŚĞ^ŽůƵƟŽŶƐĂƌĞƐƵŝƚĂďůĞĨŽƌĂŶĚǁŝůůƉĞƌĨŽƌŵ
in accordance with the ordinary use for which they are intended.
14)ĂŶŬƌƵƉƚĐLJEŽƟĐĞƐ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐŝƚŝƐŶŽƚĐƵƌƌĞŶƚůLJŝŶĂďĂŶŬƌƵƉƚĐLJƉƌŽĐĞĞĚŝŶŐ͘
Supplier has disclosed all current and completed bankruptcy proceedings within the past seven years
ǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞŶŽƟĐĞŝŶǁƌŝƟŶŐƚŽ^ŽƵƌĐĞǁĞůůif it enters a bankruptcy
ƉƌŽĐĞĞĚŝŶŐĂƚĂŶLJƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘
15)ĞďĂƌŵĞŶƚĂŶĚ^ƵƐƉĞŶƐŝŽŶ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞ
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from programs operated by the State of Minnesota, the United States federal government, or any
WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐŚĂǀĞďĞĞŶ
ĐŽŶǀŝĐƚĞĚŽĨĂĐƌŝŵŝŶĂůŽīĞŶƐĞƌĞůĂƚĞĚƚŽƚŚĞƐƵďũĞĐƚŵĂƩĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ
warrants that it will pƌŽǀŝĚĞŝŵŵĞĚŝĂƚĞǁƌŝƩĞŶŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚŝƐĐĞƌƟĮĐĂƟŽŶĐŚĂŶŐĞƐĂƚ
ĂŶLJƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘
16)WƌŽǀŝƐŝŽŶƐĨŽƌŶŽŶ-hŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĞŶƟƚLJƉƌŽĐƵƌĞŵĞŶƚƐƵŶĚĞƌhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĂǁĂƌĚƐ
ŽƌŽƚŚĞƌĂǁĂƌĚƐ;ƉƉĞŶĚŝdž//ƚŽϮ͘&͘ZΑϮϬϬͿ͘ WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚĂƚƵƐĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂů
ŐƌĂŶƚŽƌŽƚŚĞƌĨĞĚĞƌĂůĨƵŶĚŝŶŐƚŽƉƵƌĐŚĂƐĞƐŽůƵƟŽŶƐĨƌŽŵƚŚŝƐŐƌĞĞŵĞŶƚŵĂLJďĞƐƵďũĞĐƚƚŽ
ĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐŝŶĐůƵĚŝŶŐƚŚĞƉƌŽĐƵƌĞŵĞŶƚƐƚĂŶĚĂƌĚƐŽĨƚŚĞhŶŝĨŽƌŵĚŵŝŶŝƐƚƌĂƟǀĞ
Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200.
WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐŵĂLJŚĂǀĞĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐďĂƐĞĚŽŶƐƉĞĐŝĮĐĨƵŶĚŝŶŐƐŽƵƌĐĞƚĞƌŵƐŽƌ
ĐŽŶĚŝƟŽŶƐ͘tŝƚŚŝŶƚŚŝƐ^ĞĐƟŽŶ, all references to “federal” should be interpreted to mean the United
^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞŶƚ͘dŚĞĨŽůůŽǁŝŶŐůŝƐƚĂƉƉůŝĞƐǁŚĞŶĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂĐĐĞƐƐĞƐ^ƵƉƉůŝĞƌ͛Ɛ
Included ^ŽůƵƟŽŶƐǁŝƚŚhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĨƵŶĚƐ͘
i) Yh> DW>KzD EdKWWKZdhE/dz͘ Except as otherwise provided under 41 C.F.R. §
60, all agreements ƚŚĂƚŵĞĞƚƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨĞĚĞƌĂůůLJĂƐƐŝƐƚĞĚĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚ͟ŝŶϰϭ
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C.F.R. § 60-ϭ͘ϯŵƵƐƚŝŶĐůƵĚĞƚŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚLJĐůĂƵƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘ΑϲϬ-1.4(b), in
ĂĐĐŽƌĚĂŶĐĞǁŝƚŚ džĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲ͕͞ ƋƵĂů ŵƉůŽLJŵĞŶƚKƉƉŽƌƚƵŶŝƚLJ͟;ϯϬ&ZϭϮϯϭϵ͕ϭϮϵϯϱ͕
ϯ͘&͘Z͘Α͕ϭϵϲϰ-ϭϵϲϱŽŵƉ͕͘Ɖ͘ϯϯϵͿ͕ĂƐĂŵĞŶĚĞĚďLJ džĞĐƵƟǀĞKƌĚĞƌϭϭϯϳϱ͕͞ŵĞŶĚŝŶŐ
džĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲZĞůĂƟŶŐƚŽ ƋƵĂů ŵƉůŽLJŵĞŶƚKƉƉŽƌƚƵŶŝƚLJ͕͟ĂŶĚŝŵƉůĞŵĞŶƟŶŐ
ƌĞŐƵůĂƟŽŶƐĂƚϰϭ͘&͘Z͘ΑϲϬ͕͞KĸĐĞŽĨ&ĞĚĞƌĂůŽŶƚƌĂĐƚŽŵƉůŝĂŶĐĞWƌŽŐƌĂŵƐ͕ ƋƵĂů
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
ii)s/^-KEd͕^D E ;ϰϬh͘^͘͘Αϯϭϰϭ-ϯϭϰϴͿ͘ tŚĞŶƌĞƋƵŝƌĞĚďLJĨĞĚĞƌĂů
ƉƌŽŐƌĂŵůĞŐŝƐůĂƟŽŶ͕ĂůůƉƌŝŵĞĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚƐŝŶĞdžĐĞƐƐŽĨΨϮ͕ϬϬϬĂǁĂƌĚĞĚďLJŶŽŶ-federal
ĞŶƟƟĞƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĂǀŝƐ-ĂĐŽŶĐƚ;ϰϬh͘^͘͘Αϯϭϰϭ-
ϯϭϰϰ͕ĂŶĚϯϭϰϲ-ϯϭϰϴͿĂƐƐƵƉƉůĞŵĞŶƚĞĚďLJĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘Αϱ͕
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
ŽŶƐƚƌƵĐƟŽŶ͟Ϳ͘/ŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƐƚĂƚƵƚĞ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ be required to pay wages to
ůĂďŽƌĞƌƐĂŶĚŵĞĐŚĂŶŝĐƐĂƚĂƌĂƚĞŶŽƚůĞƐƐƚŚĂŶƚŚĞƉƌĞǀĂŝůŝŶŐǁĂŐĞƐƐƉĞĐŝĮĞĚŝŶĂǁĂŐĞ
ĚĞƚĞƌŵŝŶĂƟŽŶŵĂĚĞďLJƚŚĞ^ĞĐƌĞƚĂƌLJŽĨ>ĂďŽƌ͘/ŶĂĚĚŝƟŽŶ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽƉĂLJ
wages not less than once a week. The non-fedĞƌĂůĞŶƟƚLJŵƵƐƚƉůĂĐĞĂĐŽƉLJŽĨƚŚĞĐƵƌƌĞŶƚ
ƉƌĞǀĂŝůŝŶŐǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶŝƐƐƵĞĚďLJƚŚĞĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌŝŶĞĂĐŚƐŽůŝĐŝƚĂƟŽŶ͘dŚĞ
ĚĞĐŝƐŝŽŶƚŽĂǁĂƌĚĂĐŽŶƚƌĂĐƚŽƌƐƵďĐŽŶƚƌĂĐƚŵƵƐƚďĞĐŽŶĚŝƟŽŶĞĚƵƉŽŶƚŚĞĂĐĐĞƉƚĂŶĐĞŽĨƚŚĞ
ǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶ͘dŚĞŶŽŶ-feĚĞƌĂůĞŶƟƚLJŵƵƐƚƌĞƉŽƌƚĂůůƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽ
the federal awarding agency. The contracts must also include a provision for compliance with the
ŽƉĞůĂŶĚ͞ŶƟ-<ŝĐŬďĂĐŬ͟Đƚ;ϰϬh͘^͘͘ΑϯϭϰϱͿ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďLJĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ
regulaƟŽŶƐ;Ϯϵ͘&͘Z͘Αϯ͕͞ŽŶƚƌĂĐƚŽƌƐĂŶĚ^ƵďĐŽŶƚƌĂĐƚŽƌƐŽŶWƵďůŝĐƵŝůĚŝŶŐŽƌWƵďůŝĐtŽƌŬ
&ŝŶĂŶĐĞĚŝŶtŚŽůĞŽƌŝŶWĂƌƚďLJ>ŽĂŶƐŽƌ'ƌĂŶƚƐĨƌŽŵƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐ͟Ϳ͘dŚĞĐƚƉƌŽǀŝĚĞƐƚŚĂƚ
each contractor or subrecipient must be prohibited from inducing, by any means, any person
ĞŵƉůŽLJĞĚŝŶƚŚĞĐŽŶƐƚƌƵĐƟŽŶ͕ĐŽŵƉůĞƟŽŶ͕ŽƌƌĞƉĂŝƌŽĨƉƵďůŝĐǁŽƌŬ͕ƚŽŐŝǀĞƵƉĂŶLJƉĂƌƚŽĨƚŚĞ
ĐŽŵƉĞŶƐĂƟŽŶƚŽǁŚŝĐŚŚĞŽƌƐŚĞŝƐŽƚŚĞƌǁŝƐĞĞŶƟƚůĞĚ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚLJŵƵƐƚƌĞƉŽƌƚĂůů
ƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽƚŚĞĨĞĚĞƌĂůawarding agency. Supplier must comply with all
applicable Davis-Bacon Act provisions.
iii)KEdZdtKZ<,KhZ^E^& dz^dEZ^d;ϰϬh͘^͘͘ΑϯϳϬϭ-ϯϳϬϴͿ͘
tŚĞƌĞĂƉƉůŝĐĂďůĞ͕ĂůůĐŽŶƚƌĂĐƚƐĂǁĂƌĚĞĚďLJƚŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚLJŝŶĞdžĐĞƐƐŽĨΨϭϬϬ͕ϬϬϬƚŚĂƚ
involve the employment of mechanics or laborers must include a provision for compliance with
ϰϬh͘^͘͘ΑΑϯϳϬϮĂŶĚϯϳϬϰ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďLJĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘ΑϱͿ͘
hŶĚĞƌϰϬh͘^͘͘ΑϯϳϬϮŽĨƚŚĞĐƚ͕ĞĂĐŚĐŽŶƚƌĂĐƚŽƌŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉƵƚĞƚŚĞǁĂŐĞƐŽĨ
every mechanic and laborer on the basis of a standard work week of 4ϬŚŽƵƌƐ͘tŽƌŬŝŶĞdžĐĞƐƐŽĨ
the standard work week is permissible provided that the worker is compensated at a rate of not
ůĞƐƐƚŚĂŶŽŶĞĂŶĚĂŚĂůĨƟŵĞƐƚŚĞďĂƐŝĐƌĂƚĞŽĨƉĂLJĨŽƌĂůůŚŽƵƌƐǁŽƌŬĞĚŝŶĞdžĐĞƐƐŽĨϰϬŚŽƵƌƐŝŶ
the work week. The requirements of ϰϬh͘^͘͘ΑϯϳϬϰĂƌĞĂƉƉůŝĐĂďůĞƚŽĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬĂŶĚ
provide that no laborer or mechanic must be required to work in surroundings or under working
ĐŽŶĚŝƟŽŶƐǁŚŝĐŚĂƌĞƵŶƐĂŶŝƚĂƌLJ͕ŚĂnjĂƌĚŽƵƐŽƌĚĂŶŐĞƌŽƵƐ͘dŚĞƐĞƌĞƋƵŝƌĞŵĞŶƚƐĚŽŶŽƚĂƉƉůLJƚŽ
the purchases ŽĨƐƵƉƉůŝĞƐ͕ŵĂƚĞƌŝĂůƐ͕ŽƌĂƌƟĐůĞƐŽƌĚŝŶĂƌŝůLJĂǀĂŝůĂďůĞŽŶƚŚĞŽƉĞŶŵĂƌŬĞƚ͕Žƌ
ĐŽŶƚƌĂĐƚƐĨŽƌƚƌĂŶƐƉŽƌƚĂƟŽŶŽƌƚƌĂŶƐŵŝƐƐŝŽŶŽĨŝŶƚĞůůŝŐĞŶĐĞ͘dŚŝƐƉƌŽǀŝƐŝŽŶŝƐŚĞƌĞďLJŝŶĐŽƌƉŽƌĂƚĞĚ
ďLJƌĞĨĞƌĞŶĐĞŝŶƚŽƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽf an award for all
ŐƌĞĞŵĞŶƚƐďLJ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐ͕^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůLJǁŝƚŚ
applicable requirements as referenced above.
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iv)Z/',d^dK/Es Ed/KE^D hE ZKEdZdKZ'Z D Ed͘ If the federal
ĂǁĂƌĚŵĞĞƚƐƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨƵŶĚŝŶŐĂŐƌĞĞŵĞŶƚ͟ƵŶĚĞƌϯϳ͘&͘Z͘ΑϰϬϭ͘Ϯ;ĂͿĂŶĚƚŚĞƌĞĐŝƉŝĞŶƚ
ŽƌƐƵďƌĞĐŝƉŝĞŶƚǁŝƐŚĞƐƚŽĞŶƚĞƌŝŶƚŽĂĐŽŶƚƌĂĐƚǁŝƚŚĂƐŵĂůůďƵƐŝŶĞƐƐĮƌŵŽƌŶŽŶƉƌŽĮƚ
ŽƌŐĂŶŝnjĂƟŽŶƌĞŐĂƌĚŝŶŐƚŚĞƐƵďƐƟƚƵƟŽŶŽĨƉĂƌƟĞƐ͕ĂƐƐŝŐnment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
ŵƵƐƚĐŽŵƉůLJǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϯϳ͘&͘Z͘ΑϰϬϭ͕͞ZŝŐŚƚƐƚŽ/ŶǀĞŶƟŽŶƐDĂĚĞďLJEŽŶƉƌŽĮƚ
KƌŐĂŶŝnjĂƟŽŶƐĂŶĚ^ŵĂůůƵƐŝŶĞƐƐ&ŝƌŵƐhŶĚĞƌ'ŽǀĞƌŶŵĞŶƚ'ƌĂŶƚƐ͕ŽŶƚƌĂĐƚƐĂŶĚŽŽƉĞƌĂƟǀĞ
ŐƌĞĞŵĞŶƚƐ͕͟ĂŶĚĂŶLJŝŵƉůĞŵĞŶƟŶŐƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚďLJƚŚĞĂǁĂƌĚŝŶŐĂŐĞŶĐLJ͘^ƵƉƉůŝĞƌ
ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨĂŶĂǁĂƌĚĨŽƌĂůůŐƌĞĞŵĞŶƚƐďLJ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐ
procurement process, Supplier must comply with applicable requirements as referenced above.
v)> E/Zd;ϰϮh͘^͘͘ΑϳϰϬϭ-ϳϲϳϭY͘ͿEd, & Z>td ZWK>>hd/KE
KEdZK>d;ϯϯh͘^͘͘ΑϭϮϱϭ-ϭϯϴϳͿ͘ Contracts and subgrants of amounts in excess of
ΨϭϱϬ͕ϬϬϬƌĞƋƵŝƌĞƚŚĞŶŽŶ-federal award to agree to comply with all applicable standards, orders
ŽƌƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚƉƵƌƐƵĂŶƚƚŽƚŚĞůĞĂŶŝƌĐƚ;ϰϮh͘^͘͘ΑϳϰϬϭ- 7671q) and the Federal
tĂƚĞƌWŽůůƵƟŽŶŽŶƚƌŽůĐƚĂƐĂŵĞŶĚĞĚ;ϯϯh͘^͘͘ΑϭϮϱϭ- ϭϯϴϳͿ͘sŝŽůĂƟŽŶƐŵƵƐƚďĞƌĞƉŽƌƚĞĚƚŽ
ƚŚĞ&ĞĚĞƌĂůĂǁĂƌĚŝŶŐĂŐĞŶĐLJĂŶĚƚŚĞZĞŐŝŽŶĂůKĸĐĞŽĨƚŚĞ ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐLJ
; WͿ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƚǁŝůůĐŽŵƉůLJǁŝƚŚĂƉƉůŝĐĂďůĞ
requirements as referenced above.
vi) ZD EdE^h^W E^/KE; y hd/s KZ Z^ϭϮϱϰϵEϭϮϲϴϵͿ͘ A contract
ĂǁĂƌĚ;ƐĞĞϮ͘&͘Z͘ΑϭϴϬ͘ϮϮϬͿŵƵƐƚŶŽƚďĞŵĂĚĞƚŽƉĂƌƟĞƐůŝƐƚĞĚŽŶƚŚĞŐŽǀĞƌŶŵĞŶƚǁŝĚĞ
exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines
ĂƚϮ͘&͘Z͘ΑϭϴϬƚŚĂƚŝŵƉůĞŵĞŶƚ džĞĐƵƟǀĞKƌĚĞƌƐϭϮϱϰϵ;ϯ͘&͘Z. § 1986 Comp., p. 189) and
ϭϮϲϴϵ;ϯ͘&͘Z͘ΑϭϵϴϵŽŵƉ͕͘Ɖ͘ϮϯϱͿ͕͞ĞďĂƌŵĞŶƚĂŶĚ^ƵƐƉĞŶƐŝŽŶ͘͟^D džĐůƵƐŝŽŶƐĐŽŶƚĂŝŶƐ
ƚŚĞŶĂŵĞƐŽĨƉĂƌƟĞƐĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ŽƌŽƚŚĞƌǁŝƐĞĞdžĐůƵĚĞĚďLJĂŐĞŶĐŝĞƐ͕ĂƐǁĞůůĂƐƉĂƌƟĞƐ
ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞƵŶĚĞƌƐƚĂƚƵƚŽƌLJŽƌƌĞŐƵůĂƚŽƌLJĂƵƚŚŽƌŝƚLJŽƚŚĞƌƚŚĂŶ džĞĐƵƟǀĞKƌĚĞƌϭϮϱϰϵ͘
^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞƉƌĞƐĞŶƚůLJĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚ
for debarment, declared ineligible, or voluntĂƌŝůLJĞdžĐůƵĚĞĚĨƌŽŵƉĂƌƟĐŝƉĂƟŽŶďLJĂŶLJĨĞĚĞƌĂů
department or agency.
vii)zZEd/->Kz/E'D ED Ed͕^D E ;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ Suppliers must
ĮůĞĂŶLJƌĞƋƵŝƌĞĚĐĞƌƟĮĐĂƟŽŶƐ͘^ƵƉƉůŝĞƌƐŵƵƐƚŶŽƚŚĂǀĞƵƐĞĚĨĞĚĞƌĂůĂƉƉƌŽƉƌŝĂƚĞĚĨƵŶĚƐƚŽƉĂLJ
ĂŶLJƉĞƌƐŽŶŽƌŽƌŐĂŶŝnjĂƟŽŶĨŽƌŝŶŇƵĞŶĐŝŶŐŽƌĂƩĞŵƉƟŶŐƚŽŝŶŇƵĞŶĐĞĂŶŽĸĐĞƌŽƌĞŵƉůŽLJĞĞŽĨ
ĂŶLJĂŐĞŶĐLJ͕ĂŵĞŵďĞƌŽĨŽŶŐƌĞƐƐ͕ŽĸĐĞƌŽƌĞŵployee of Congress, or an employee of a
ŵĞŵďĞƌŽĨŽŶŐƌĞƐƐŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶLJĨĞĚĞƌĂůĐŽŶƚƌĂĐƚ͕ŐƌĂŶƚ͕ŽƌĂŶLJŽƚŚĞƌ
ĂǁĂƌĚĐŽǀĞƌĞĚďLJϯϭh͘^͘͘ΑϭϯϱϮ͘^ƵƉƉůŝĞƌƐŵƵƐƚĚŝƐĐůŽƐĞĂŶLJůŽďbying with non-federal funds
ƚŚĂƚƚĂŬĞƐƉůĂĐĞŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶLJĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵĐŚĚŝƐĐůŽƐƵƌĞƐĂƌĞĨŽƌǁĂƌĚĞĚ
ĨƌŽŵƟĞƌƚŽƟĞƌƵƉƚŽƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵƉƉůŝĞƌƐŵƵƐƚĮůĞĂůůĐĞƌƟĮĐĂƟŽŶƐĂŶĚĚŝƐĐůŽƐƵƌĞƐ
required by, and otherwise coŵƉůLJǁŝƚŚ͕ƚŚĞLJƌĚŶƟ->ŽďďLJŝŶŐŵĞŶĚŵĞŶƚ;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘
viii)Z KZZ d Ed/KEZ Yh/Z D Ed^͘To the extent applicable, Supplier must comply
ǁŝƚŚƚŚĞƌĞĐŽƌĚƌĞƚĞŶƟŽŶƌĞƋƵŝƌĞŵĞŶƚƐĚĞƚĂŝůĞĚŝŶϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯ͘dŚĞ^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ
ĐĞƌƟĮĞƐƚŚĂƚŝƚǁŝůůƌĞƚĂŝŶĂůůƌĞĐŽƌĚƐĂƐƌĞƋƵŝƌĞĚďLJϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯĨŽƌĂƉĞƌŝŽĚŽĨϯLJĞĂƌƐĂŌĞƌ
grantees or ƐƵďŐƌĂŶƚĞĞƐƐƵďŵŝƚĮŶĂůĞdžƉĞŶĚŝƚƵƌĞƌĞƉŽƌƚƐŽƌƋƵĂƌƚĞƌůLJŽƌĂŶŶƵĂůĮŶĂŶĐŝĂů
ƌĞƉŽƌƚƐ͕ĂƐĂƉƉůŝĐĂďůĞ͕ĂŶĚĂůůŽƚŚĞƌƉĞŶĚŝŶŐŵĂƩĞƌƐĂƌĞĐůŽƐĞĚ͘
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ix) E Z'zWK>/zEKE^ Zsd/KEdKDW>/E ͘ To the extent applicable,
^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůLJǁŝƚŚƚŚĞŵĂŶĚĂƚŽƌLJƐƚĂŶĚĂƌĚƐĂŶĚƉŽůŝĐŝĞƐƌĞůĂƟŶŐƚŽĞŶĞƌŐLJĞĸĐŝĞŶĐLJ
ǁŚŝĐŚĂƌĞĐŽŶƚĂŝŶĞĚŝŶƚŚĞƐƚĂƚĞĞŶĞƌŐLJĐŽŶƐĞƌǀĂƟŽŶƉůĂŶŝƐƐƵĞĚŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞ ŶĞƌŐLJ
WŽůŝĐLJĂŶĚŽŶƐĞƌǀĂƟŽŶĐƚ͘
x)hzD Z/EWZKs/^/KE^KDW>/E ͘ To the extent applicable, Supplier must
comply with all applicable provisions of the Buy American Act. Purchases made in accordance
with the Buy American Act must follow the applicable procurement rules calling for free and
ŽƉĞŶĐŽŵƉĞƟƟŽŶ͘
xi) ^^dKZ KZ^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϯϲͿ͘ Supplier agrees that duly authorized
ƌĞƉƌĞƐĞŶƚĂƟǀĞƐŽĨĂĨĞĚĞƌĂůĂŐĞŶĐLJŵƵƐƚŚĂǀĞĂĐĐĞƐƐƚŽĂŶLJŬƐ͕ĚŽĐƵŵĞŶƚƐ͕ƉĂƉĞƌƐĂŶĚ
ƌĞĐŽƌĚƐŽĨ^ƵƉƉůŝĞƌƚŚĂƚĂƌĞĚŝƌĞĐƚůLJƉĞƌƟŶĞŶƚƚŽ^ƵƉƉůŝĞƌ͛ƐĚŝƐĐŚĂƌŐĞŽĨŝƚƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐ
Agreement for the purpose oĨŵĂŬŝŶŐĂƵĚŝƚƐ͕ĞdžĂŵŝŶĂƟŽŶƐ͕ĞdžĐĞƌƉƚƐ͕ĂŶĚƚƌĂŶƐĐƌŝƉƟŽŶƐ͘dŚĞ
ƌŝŐŚƚĂůƐŽŝŶĐůƵĚĞƐƟŵĞůLJĂŶĚƌĞĂƐŽŶĂďůĞĂĐĐĞƐƐƚŽ^ƵƉƉůŝĞƌ͛ƐƉĞƌƐŽŶŶĞůĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨ
ŝŶƚĞƌǀŝĞǁĂŶĚĚŝƐĐƵƐƐŝŽŶƌĞůĂƟŶŐƚŽƐƵĐŚĚŽĐƵŵĞŶƚƐ͘
xii)WZKhZ D EdK&Z Ks Z Dd Z/>^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϮϮͿ͘A non-ĨĞĚĞƌĂůĞŶƟƚLJ
ƚŚĂƚŝƐĂƐƚĂƚĞĂŐĞŶĐLJŽƌĂŐĞŶĐLJŽĨĂƉŽůŝƟĐĂůƐƵďĚŝǀŝƐŝŽŶŽĨĂƐƚĂƚĞĂŶĚŝƚƐĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ
ĐŽŵƉůLJǁŝƚŚ^ĞĐƟŽŶϲϬϬϮŽĨƚŚĞ^ŽůŝĚtĂƐƚĞŝƐƉŽƐĂůĐƚ͕ĂƐĂŵĞŶĚĞĚďLJƚŚĞZĞƐŽƵƌĐĞ
ŽŶƐĞƌǀĂƟŽŶĂŶĚZĞĐŽǀĞƌLJĐƚ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƟŽŶϲϬϬϮŝŶĐůƵĚĞƉƌŽĐƵƌŝŶŐŽŶůLJŝƚĞŵƐ
ĚĞƐŝŐŶĂƚĞĚŝŶŐƵŝĚĞůŝŶĞƐŽĨƚŚĞ ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐLJ; WͿĂƚϰϬ͘&͘Z͘ΑϮϰϳƚŚĂƚ
ĐŽŶƚĂŝŶƚŚĞŚŝŐŚĞƐƚƉĞƌĐĞŶƚĂŐĞŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐƉƌĂĐƟĐĂďůĞ͕ consistent with maintaining a
ƐĂƟƐĨĂĐƚŽƌLJůĞǀĞůŽĨĐŽŵƉĞƟƟŽŶ͕ǁŚĞƌĞƚŚĞƉƵƌĐŚĂƐĞƉƌŝĐĞŽĨƚŚĞŝƚĞŵĞdžĐĞĞĚƐΨϭϬ͕ϬϬϬŽƌƚŚĞ
ǀĂůƵĞŽĨƚŚĞƋƵĂŶƟƚLJĂĐƋƵŝƌĞĚĚƵƌŝŶŐƚŚĞƉƌĞĐĞĚŝŶŐĮƐĐĂůLJĞĂƌĞdžĐĞĞĚĞĚΨϭϬ͕ϬϬϬ͖ƉƌŽĐƵƌŝŶŐ
solid waste management services in a manner that maximizes energy and resource recovery;
ĂŶĚĞƐƚĂďůŝƐŚŝŶŐĂŶĂĸƌŵĂƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽŐƌĂŵĨŽƌƉƌŽĐƵƌĞŵĞŶƚŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐ
ŝĚĞŶƟĮĞĚŝŶƚŚĞ WŐƵŝĚĞůŝŶĞƐ͘
xiii)& Z>^ >;^Ϳ͕>K'K^͕E&>'^͘ The Supplier cannot use the seal(s), logos, crests,
ŽƌƌĞƉƌŽĚƵĐƟŽŶƐŽĨŇĂŐƐŽƌůŝŬĞŶĞƐƐĞƐŽĨ&ĞĚĞƌĂůĂŐĞŶĐLJŽĸĐŝĂůƐǁŝƚŚŽƵƚƐƉĞĐŝĮĐƉƌĞ-approval.
xiv)EKK>/'d/KEz& Z>'Ks ZED Ed͘ The U.S. federal government is not a party
ƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶLJƉƵƌĐŚĂƐĞďLJĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂŶĚŝƐŶŽƚƐƵďũĞĐƚƚŽĂŶLJŽďůŝŐĂƟŽŶƐ
ŽƌůŝĂďŝůŝƟĞƐƚŽƚŚĞWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͕^ƵƉƉůŝĞƌ͕ŽƌĂŶLJŽƚŚĞƌƉĂƌƚLJƉĞƌƚĂŝŶŝŶŐƚŽĂŶLJŵĂƩĞƌ
ƌĞƐƵůƟŶŐĨƌŽŵƚhe Agreement or any purchase by an authorized user.
xv)WZK'ZD&ZhE&>^ KZ&Zhh> Ed^dd D Ed^KZZ >d d^͘ The
ŽŶƚƌĂĐƚŽƌĂĐŬŶŽǁůĞĚŐĞƐƚŚĂƚϯϭh͘^͘͘Αϯϴ;ĚŵŝŶŝƐƚƌĂƟǀĞZĞŵĞĚŝĞƐĨŽƌ&ĂůƐĞůĂŝŵƐĂŶĚ
^ƚĂƚĞŵĞŶƚƐͿĂƉƉůŝĞƐƚŽƚŚĞ^ƵƉƉůŝĞƌ͛ƐĂĐƟŽŶƐƉĞƌƚĂŝŶŝŶŐƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶLJƉƵƌĐŚĂƐĞďLJĂ
WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͘
xvi)& Z> d͘ dŚĞ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŝƚŝƐŶŽŶ-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
ĚŝƐĂůůŽǁĂŶĐĞ͕ĂŶĚďĞŶĞĮƚŽǀĞƌƉĂLJŵĞŶƚƐ͘
xvii)KE&>/d^K&/Ed Z ^d͘ dŚĞ^ƵƉƉůŝĞƌŵƵƐƚŶŽƟĨLJƚŚĞh͘^͘KĸĐĞŽĨ'ĞŶĞƌĂů^ĞƌǀŝĐĞƐ͕
^ŽƵƌĐĞǁĞůů͕ĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂƐƐŽŽŶĂƐƉŽƐƐŝďůĞŝĨƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶLJĂƐƉĞĐƚƌĞůĂƚĞĚ
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ƚŽƚŚĞĂŶƟĐŝƉĂƚĞĚǁŽƌŬƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚƌĂŝƐĞƐĂŶĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŽĨŝŶƚĞƌĞƐƚ;ĂƐ
ĚĞƐĐƌŝďĞĚŝŶϮ͘&͘Z͘WĂƌƚϮϬϬͿ͘dŚĞ^ƵƉƉůŝĞƌŵƵƐƚĞdžƉůĂŝŶƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŝŶ
ǁƌŝƟŶŐŝŶƐƵĸĐŝĞŶƚĚĞƚĂŝůƐŽƚŚĂƚƚŚĞh͘^͘KĸĐĞŽĨ'ĞŶĞƌal Services, Sourcewell, and
WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂƌĞĂďůĞƚŽĂƐƐĞƐƐƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚ͖ĂŶĚƉƌŽǀŝĚĞĂŶLJĂĚĚŝƟŽŶĂů
ŝŶĨŽƌŵĂƟŽŶĂƐŶĞĐĞƐƐĂƌLJŽƌƌĞƋƵĞƐƚĞĚ͘
xviii)h͘^͘ y hd/s KZ ZϭϯϮϮϰ͘ The Supplier, and its subcontractors, must comply with
h͘^͘ džĞĐƵƟǀĞKƌĚĞƌϭϯϮϮϰĂŶĚh͘^͘>ĂǁƐƚŚĂƚƉƌŽŚŝďŝƚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚĂŶĚƉƌŽǀŝƐŝŽŶŽĨ
ƌĞƐŽƵƌĐĞƐĂŶĚƐƵƉƉŽƌƚƚŽŝŶĚŝǀŝĚƵĂůƐĂŶĚŽƌŐĂŶŝnjĂƟŽŶƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚĞƌƌŽƌŝƐŵ͘
xix)WZK,//d/KEKE Zd/Ed > KDDhE/d/KE^Es/ K^hZs />>E
^ Zs/ ^KZ Yh/WD Ed͘ dŽƚŚĞĞdžƚĞŶƚĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨ
this Agreement it will comply with applicable requirements of 2 C.F.R. § 200.216.
xx)KD ^d/WZ & Z E ^&KZWZKhZ D Ed^͘ To the extent applicable, Supplier
ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌǁŝůůĐŽŵƉůLJǁŝƚŚĂƉƉůŝĐĂďůĞ
ƌĞƋƵŝƌĞŵĞŶƚƐŽĨϮ͘&͘Z͘ΑϮϬϬ͘ϯϮϮ͘
ƌƟĐůĞϮ͗
^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐ
dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϮƌĞůĂƚĞƐƉĞĐŝĮĐĂůůLJƚŽ^ŽƵƌĐĞǁĞůůĂŶĚŝƚƐĂĚŵŝŶŝƐƚƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌ
ŐƌĞĞŵĞŶƚǁŝƚŚ^ƵƉƉůŝĞƌĂŶĚ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƚŚĞƌĞƵŶĚĞƌ͘
1)ƵƚŚŽƌŝnjĞĚ^ĞůůĞƌƐ͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂĐƵƌƌĞŶƚŵĞĂŶƐƚŽǀĂůŝĚĂƚĞŽƌĂƵƚŚĞŶƟĐĂƚĞ
^ƵƉƉůŝĞƌ͛ƐĂƵƚŚŽƌŝnjĞĚĚĞĂůĞƌƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ŽƌƌĞƐĞůůĞƌƐǁŚŝĐŚŵĂLJĐŽŵƉůĞƚĞƚƌĂŶƐĂĐƟŽŶƐŽĨ/ŶĐůƵĚĞĚ
^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůůŵĂLJƌĞƋƵĞƐƚƵƉĚĂƚĞĚŝŶĨŽƌŵĂƟŽŶŝŶŝƚƐ
ĚŝƐĐƌĞƟŽŶ͕ĂŶĚ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽƉƌŽǀŝĚĞƌĞƋƵĞƐƚĞĚŝŶĨŽƌŵĂƟŽŶǁŝƚŚŝŶĂƌĞĂƐŽŶĂďůĞƟŵĞ͘
2)WƌŽĚƵĐƚĂŶĚWƌŝĐĞŚĂŶŐĞƐZĞƋƵŝƌĞŵĞŶƚƐ͘ Supplier may request /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐchanges,
ĂĚĚŝƟŽŶƐ͕ŽƌĚĞůĞƟŽŶƐĂƚĂŶLJƟŵĞ͘ůůƌĞƋƵĞƐƚƐŵƵƐƚďĞŵĂĚĞŝŶǁƌŝƟŶŐďLJƐƵďŵŝƫŶŐĂ^ŽƵƌĐĞǁĞůů
WƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵƚŽ^ŽƵƌĐĞǁĞůů͘ƚĂŵŝŶŝŵƵŵ͕ƚŚĞƌĞƋƵĞƐƚŵƵƐƚ͗
x /ĚĞŶƟĨLJƚŚĞĂƉƉůŝĐĂďůĞ^ŽƵƌĐĞǁĞůůŐƌĞĞŵĞŶƚŶƵŵďĞƌ͖
x Clearly specify the requested change;
x WƌŽǀŝĚĞƐƵĸĐŝĞŶƚĚĞƚĂŝůƚŽũƵƐƟĨLJƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖
x /ŶĚŝǀŝĚƵĂůůLJůŝƐƚĂůů/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐĂīĞĐƚĞĚďLJƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͕ĂůŽŶŐǁŝƚŚƚŚĞ
ƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ;Ğ͘Ő͕͘ĂĚĚŝƟŽŶ͕ĚĞůĞƟŽŶ͕ƉƌŝĐĞĐŚĂŶŐĞͿ͖ĂŶĚ
x /ŶĐůƵĚĞĂĐŽŵƉůĞƚĞƌĞƐƚĂƚĞŵĞŶƚŽĨWƌŝĐŝŶŐ>ŝƐƚǁŝƚŚƚŚĞĞīĞĐƟǀĞĚĂƚĞŽĨƚŚĞŵŽĚŝĮĞĚƉƌŝĐŝŶŐ͕
ŽƌƉƌŽĚƵĐƚĂĚĚŝƟŽŶŽƌĚĞůĞƟŽŶ͘dŚĞŶĞǁƉƌŝĐŝŶŐƌĞƐƚĂƚĞŵĞŶƚŵƵƐƚŝŶĐůƵĚĞĂůů/ŶĐůƵĚĞĚ
^ŽůƵƟŽŶƐŽīĞƌĞĚ͕ĞǀĞŶĨŽƌƚŚŽƐĞŝƚĞŵƐǁŚĞƌĞƉƌŝĐŝŶŐƌĞŵĂŝŶƐƵŶĐŚĂŶŐĞĚ͘
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to
this Agreement and will be incorporated by reference.
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ϯͿ ƵƚŚŽƌŝnjĞĚZĞƉƌĞƐĞŶƚĂƟǀĞ͘ ^ƵƉƉůŝĞƌǁŝůůĂƐƐŝŐŶĂŶƵƚŚŽƌŝnjĞĚZĞƉƌĞƐĞŶƚĂƟǀĞƚŽ^ŽƵƌĐĞǁĞůůĨŽƌƚŚŝƐ
ŐƌĞĞŵĞŶƚĂŶĚŵƵƐƚƉƌŽǀŝĚĞƉƌŽŵƉƚŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚĂƚƉĞƌƐŽŶŝƐĐŚĂŶŐĞĚ͘dŚĞƵƚŚŽƌŝnjĞĚ
ZĞƉƌĞƐĞŶƚĂƟǀĞǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ͗
x Maintenance and management of this Agreement;
x dŝŵĞůLJƌĞƐƉŽŶƐĞƚŽĂůů^ŽƵƌĐĞǁĞůůĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŝŶƋƵŝƌŝĞƐ͖ĂŶĚ
x WĂƌƟĐŝƉĂƟŽŶŝŶƌĞǀŝĞǁƐǁŝƚŚ^ŽƵƌĐĞǁĞůů͘
^ŽƵƌĐĞǁĞůůΖƐƵƚŚŽƌŝnjĞĚZĞƉƌĞƐĞŶƚĂƟǀĞŝƐŝƚƐŚŝĞĨWƌŽĐƵƌĞŵĞŶƚKĸĐĞƌ.
4)WĞƌĨŽƌŵĂŶĐĞZĞǀŝĞǁƐ͘ Supplier will perform a minimum of one review with Sourcewell per
ĂŐƌĞĞŵĞŶƚLJĞĂƌ͘dŚĞƌĞǀŝĞǁǁŝůůĐŽǀĞƌƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͕ƉƌŝĐŝŶŐĂŶĚƚĞƌŵƐ͕
ĂĚŵŝŶŝƐƚƌĂƟǀĞĨĞĞƐ͕ƐĂůĞƐĚĂƚĂƌĞƉŽƌƚƐ͕ƉĞƌĨŽƌŵĂŶĐĞŝƐƐƵĞƐ͕ƐƵƉƉůLJ chain issues, customer issues, and
ĂŶLJŽƚŚĞƌŶĞĐĞƐƐĂƌLJŝŶĨŽƌŵĂƟŽŶ͘
5)^ĂůĞƐZĞƉŽƌƟŶŐZĞƋƵŝƌĞĚ͘ Supplier is required as a material element to this Master Agreement to
ƌĞƉŽƌƚĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƵƟůŝnjŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽ
provide complete and accurate ƌĞƉŽƌƚƐĂƐĚĞĮŶĞĚŚĞƌĞŝŶǁŝůůďĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚŽĨƚŚĞŐƌĞĞŵĞŶƚ
ĂŶĚ^ŽƵƌĐĞǁĞůůƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽƉƵƌƐƵĞĂůůƌĞŵĞĚŝĞƐĂǀĂŝůĂďůĞĂƚůĂǁŝŶĐůƵĚŝŶŐĐĂŶĐĞůůĂƟŽŶŽĨ
this Agreement.
6)ZĞƉŽƌƟŶŐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂŶĂĐƟǀŝƚLJƌĞƉŽƌƚŽĨĂůůƚƌĂŶƐĂĐƟŽŶƐ
ĐŽŵƉůĞƚĞĚƵƟůŝnjŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘ZĞƉŽƌƚƐĂƌĞĚƵĞĂƚůĞĂƐƚŽŶĐĞĞĂĐŚĐĂůĞŶĚĂƌƋƵĂƌƚĞƌ;ZĞƉŽƌƟŶŐ
WĞƌŝŽĚͿ͘ZĞƉŽƌƚƐŵƵƐƚďĞƌĞĐĞŝǀĞĚŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂLJƐĂŌĞƌƚŚĞĞŶĚŽĨĞĂch calendar
ƋƵĂƌƚĞƌ͘^ƵƉƉůŝĞƌŵĂLJƌĞƉŽƌƚŽŶĂŵŽƌĞĨƌĞƋƵĞŶƚďĂƐŝƐŝŶŝƚƐĚŝƐĐƌĞƟŽŶ͘ZĞƉŽƌƚƐŵƵƐƚďĞƉƌŽǀŝĚĞĚ
ƌĞŐĂƌĚůĞƐƐŽĨƚŚĞĂŵŽƵŶƚŽĨĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐĚƵƌŝŶŐƚŚĂƚƋƵĂƌƚĞƌ;ŝ͘Ğ͕͘ŝĨƚŚĞƌĞĂƌĞŶŽƐĂůĞƐ͕
Supplier must submit a ƌĞƉŽƌƚŝŶĚŝĐĂƟŶŐŶŽƐĂůĞƐǁĞƌĞŵĂĚĞͿ͘
dŚĞZĞƉŽƌƚŵƵƐƚĐŽŶƚĂŝŶƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐ͗
x WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJEĂŵĞ;Ğ͘Ő͕͘ŝƚLJŽĨ^ƚĂƉůĞƐ,ŝŐŚǁĂLJĞƉĂƌƚŵĞŶƚͿ͖
x WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJWŚLJƐŝĐĂů^ƚƌĞĞƚĚĚƌĞƐƐ͖
x WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŝƚLJ͖
x WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ^ƚĂƚĞͬWƌŽǀŝŶĐĞ͖
x WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŝƉͬWŽƐƚĂůŽĚĞ͖
x ^ŽƵƌĐĞǁĞůůWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJAccount Number;
x dƌĂŶƐĂĐƟŽŶĞƐĐƌŝƉƟŽŶ͖
x dƌĂŶƐĂĐƟŽŶWƵƌĐŚĂƐĞĚWƌŝĐĞ͖
x ^ŽƵƌĐĞǁĞůůĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉƉůŝĞĚ͖ĂŶĚ
x ĂƚĞdƌĂŶƐĂĐƟŽŶǁĂƐŝŶǀŽŝĐĞĚͬƐĂůĞǁĂƐƌĞĐŽŐŶŝnjĞĚĂƐƌĞǀĞŶƵĞďLJ^ƵƉƉůŝĞƌ͘
If collected by Supplier, ƚŚĞZĞƉŽƌƚŵĂLJŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐĂƐĂǀĂŝůĂďůĞ͗
x WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŽŶƚĂĐƚEĂŵĞ͖
x WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŽŶƚĂĐƚ ŵĂŝůĚĚƌĞƐƐ͖
x WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŽŶƚĂĐƚdĞůĞƉŚŽŶĞEƵŵďĞƌ͖
7)ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘ /ŶĐŽŶƐŝĚĞƌĂƟŽŶĨŽƌƚŚĞƐƵƉƉŽƌƚĂŶĚƐĞƌǀŝĐĞƐƉƌŽǀŝĚĞĚďLJ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ
ǁŝůůƉĂLJĂŶĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƚŽ^ŽƵƌĐĞǁĞůůŽŶĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ
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ƵƟůŝnjŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌǁŝůůŝŶĐůƵĚĞŝƚƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝƚŚŝŶŝƚƐƉƌŽƉŽƐĞĚƉƌŝĐŝŶŐ͘
^ƵƉƉůŝĞƌŵĂLJŶŽƚĚŝƌĞĐƚůLJĐŚĂƌŐĞWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŽŽīƐĞƚƚŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘
8)&ĞĞĂůĐƵůĂƟŽŶ͘ ^ƵƉƉůŝĞƌ͛ƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉĂLJĂďůĞƚŽ^ŽƵƌĐĞǁĞůůǁŝůůďĞĐĂůĐƵůĂƚĞĚĂƐĂƐƚĂƚĞĚ
ƉĞƌĐĞŶƚĂŐĞ;ůŝƐƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůͿŽĨĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝnjŝŶŐƚŚŝƐDĂƐƚĞƌ
ŐƌĞĞŵĞŶƚǁŝƚŚŝŶƚŚĞƉƌĞĐĞĚŝŶŐZĞƉŽƌƟŶŐWĞƌŝŽĚ͘ For certain categories, a ŇĂƚĨĞĞ may be
proposed. dŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝůůďĞƐƚĂƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂů.
9)&ĞĞZĞŵŝƩĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůƌĞŵŝƚĨĞĞƚŽ^ŽƵƌĐĞǁĞůůŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂLJƐĂŌĞƌƚŚĞĐůŽƐĞ
ŽĨƚŚĞƉƌĞĐĞĚŝŶŐĐĂůĞŶĚĂƌƋƵĂƌƚĞƌŝŶĐŽŶũƵŶĐƟŽŶǁŝƚŚ^ƵƉƉůŝĞƌ͛ƐZĞƉŽƌƟŶŐWĞƌŝŽĚŽďůŝŐĂƟŽŶƐ
ĚĞĮŶĞĚŚĞƌĞŝŶ͘WĂLJŵĞŶƚƐƐŚŽƵůĚŶŽƚĞƚŚĞ^ƵƉƉůŝĞƌ͛ƐŶĂŵĞĂŶĚ^ŽƵƌĐĞǁĞůů-assigned Agreement
number in the memo; and must be either mailed to Sourcewell ĂďŽǀĞ͞ƩŶ͗ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞ͟Žƌ
ƌĞŵŝƩĞĚĞůĞĐƚƌŽŶŝĐĂůůLJƚŽ^ŽƵƌĐĞǁĞůů͛ƐďĂŶŬŝŶŐŝŶƐƟƚƵƟŽŶƉĞƌ^ŽƵƌĐĞǁĞůů͛Ɛ&ŝŶĂŶĐĞĚĞƉĂƌƚŵĞŶƚ
ŝŶƐƚƌƵĐƟŽŶƐ͘
10)EŽŶĐŽŵƉůŝĂŶĐĞ͘ Sourcewell reserves the right to seek all remedies available at law for unpaid or
ƵŶĚĞƌƉĂŝĚĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐĚƵĞƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽƌĞŵŝƚƉĂLJŵĞŶƚ͕delinquent
payments͕ƵŶĚĞƌƉĂLJŵĞŶƚƐ͕ŽƌŽƚŚĞƌĚĞǀŝĂƟŽŶƐĨƌŽŵƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚŵĂLJďĞ
ĚĞĞŵĞĚĂŵĂƚĞƌŝĂůďƌĞĂĐŚĂŶĚŵĂLJƌĞƐƵůƚŝŶĐĂŶĐĞůůĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚĚŝƐďĂƌŵĞŶƚĨƌŽŵ
future Agreements.
11)ƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐ͘ Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books, records,
ĚŽĐƵŵĞŶƚƐ͕ĂŶĚĂĐĐŽƵŶƟŶŐƉƌŽĐĞĚƵƌĞƐĂŶĚƉƌĂĐƟĐĞƐƌĞůĞǀĂŶƚƚŽƚŚŝƐŐƌĞĞŵĞŶƚĂƌĞƐƵďũĞĐƚƚŽ
ĞdžĂŵŝŶĂƟŽŶďLJ^ŽƵƌĐĞǁĞůůand the Minnesota State Auditor for a minimum of six years from the end
ŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽĨƵůůLJĐŽŽƉĞƌĂƚĞǁŝƚŚ^ŽƵƌĐĞǁĞůůŝŶĂƵĚŝƟŶŐƚƌĂŶƐĂĐƟŽŶƐƵŶĚĞƌ
ƚŚŝƐŐƌĞĞŵĞŶƚƚŽĞŶƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚƉƌŝĐŝŶŐƚĞƌŵƐ͕ĐŽƌƌĞĐƚĐĂůĐƵůĂƟŽŶĂŶĚƌĞŵŝƩance of
ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͕ĂŶĚǀĞƌŝĮĐĂƟŽŶ ŽĨƚƌĂŶƐĂĐƟŽŶƐĂƐŵĂLJďĞƌĞƋƵĞƐƚĞĚďLJĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŽƌ
Sourcewell.
12)ƐƐŝŐŶŵĞŶƚ͕dƌĂŶƐĨĞƌ͕ĂŶĚĚŵŝŶŝƐƚƌĂƟǀĞŚĂŶŐĞƐ͘Supplier may not assign or otherwise transfer its
ƌŝŐŚƚƐŽƌŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŽƵƚƚŚĞƉƌŝŽƌǁƌŝƩĞŶĐŽŶƐĞŶƚŽĨ^ŽƵƌĐĞǁĞůů͘^ƵĐŚ
consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or
ƉŽƌƟŽŶƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶƚŽĂĚĚƌĞƐƐĐŽƌƉŽƌĂƚĞƌĞƐƚƌƵĐƚƵƌŝŶŐƐ͕ŵĞƌŐĞƌƐ͕
ĂĐƋƵŝƐŝƟŽŶƐ͕ŽƌŽƚŚĞƌĐŚĂŶŐĞƐƚŽƚŚĞResponsible Party and named in the Agreement. Any prohibited
assignment is invalid. Upon request SouƌĐĞǁĞůůŵĂLJŵĂŬĞĂĚŵŝŶŝƐƚƌĂƟǀĞĐŚĂŶŐĞƐƚŽĂŐƌĞĞŵĞŶƚ
ĚŽĐƵŵĞŶƚĂƟŽŶƐƵĐŚĂƐŶĂŵĞĐŚĂŶŐĞƐ͕ĂĚĚƌĞƐƐĐŚĂŶŐĞƐ͕ĂŶĚŽƚŚĞƌŶŽŶ-material updates as
determined ǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶ͘
ϭϯͿ ŵĞŶĚŵĞŶƚƐ͘ ŶLJŵĂƚĞƌŝĂůĐŚĂŶŐĞƚŽƚŚŝƐŐƌĞĞŵĞŶƚŵƵƐƚďĞĞdžĞĐƵƚĞĚŝŶǁƌŝƟŶŐƚŚƌŽƵŐŚĂŶ
ĂŵĞŶĚŵĞŶƚĂŶĚǁŝůůŶŽƚďĞĞīĞĐƟǀĞƵŶƟůŝƚŚĂƐďĞĞŶĚƵůLJĞdžĞĐƵƚĞĚďLJƚŚĞƉĂƌƟĞƐ.
14)tĂŝǀĞƌ͘ Failure by Sourcewell to enforce any right under this Agreement will not be deemed a waiver
ŽĨƐƵĐŚƌŝŐŚƚŝŶƚŚĞĞǀĞŶƚŽĨƚŚĞĐŽŶƟŶƵĂƟŽŶŽƌƌĞƉĞƟƟŽŶŽĨƚŚĞĐŝƌĐƵŵƐƚĂŶĐĞƐŐŝǀŝŶŐƌŝƐĞƚŽƐƵĐŚ
right.
15)ŽŵƉůĞƚĞŐƌĞĞŵĞŶƚ͘ dŚŝƐŐƌĞĞŵĞŶƚƌĞƉƌĞƐĞŶƚƐƚŚĞĐŽŵƉůĞƚĞĂŐƌĞĞŵĞŶƚďĞƚǁĞĞŶƚŚĞƉĂƌƟĞƐ for
ƚŚĞƐĐŽƉĞĂƐĚĞĮŶĞĚŚĞƌĞŝŶ͘^ƵƉƉůŝĞƌĂŶĚ^ŽƵƌĐĞǁĞůůŵĂLJĞŶƚĞƌŝŶƚŽƐĞƉĂƌĂƚĞǁƌŝƩĞŶĂŐƌĞĞŵĞŶƚƐ
ƌĞůĂƟŶŐƐƉĞĐŝĮĐĂůůLJƚŽƚƌĂŶƐĂĐƟŽŶƐŽƵƚƐŝĚĞŽĨƚŚĞƐĐŽƉĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘
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16)ZĞůĂƟŽŶƐŚŝƉŽĨ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘ This Agreement does not create a partnership, joint
ǀĞŶƚƵƌĞ͕ŽƌĂŶLJŽƚŚĞƌƌĞůĂƟŽŶƐŚŝƉƐƵĐŚĂƐĞŵƉůŽLJĞĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌ͕ŵĂƐƚĞƌ-servant, or
principal-agent.
17)/ŶĚĞŵŶŝĮĐĂƟŽŶ͘ Supplier must indemnify, defend, save, and hold Sourcewell, including their agents
ĂŶĚĞŵƉůŽLJĞĞƐ͕ŚĂƌŵůĞƐƐĨƌŽŵĂŶLJĐůĂŝŵƐŽƌĐĂƵƐĞƐŽĨĂĐƟŽŶ͕ŝŶĐůƵĚŝŶŐĂƩŽƌŶĞLJƐ͛ĨĞĞƐŝŶĐƵƌƌĞĚďLJ
Sourcewell, arising out of any act or omission in the performance of this Agreement by the Supplier
ŽƌŝƚƐĂŐĞŶƚƐŽƌĞŵƉůŽLJĞĞƐ͖ƚŚŝƐŝŶĚĞŵŶŝĮĐĂƟŽŶŝŶĐůƵĚĞƐŝŶũƵƌLJŽƌĚĞĂƚŚƚŽƉĞƌƐŽŶ;ƐͿŽƌƉƌŽƉĞƌƚLJ
ĂůůĞŐĞĚƚŽŚĂǀĞďĞĞŶĐĂƵƐĞĚďLJƐŽŵĞĚĞĨĞĐƚŝŶĚĞƐŝŐŶ͕ĐŽŶĚŝƟŽŶ͕ŽƌƉĞƌĨŽƌŵĂŶĐĞŽĨ/ŶĐůƵĚĞĚ
^ŽůƵƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůů͛ƐƌĞƐƉŽŶƐŝďŝůŝƚLJǁŝůůďĞŐŽǀĞƌŶĞĚďLJƚŚĞ^ƚĂƚĞŽĨ
DŝŶŶĞƐŽƚĂ͛ƐdŽƌƚ>ŝĂďŝůŝƚLJĐƚ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϰϲϲͿĂŶĚŽƚŚĞƌĂƉƉůŝĐĂďůĞůĂǁ͘
18)ĂƚĂWƌĂĐƟĐĞƐ͘ Supplier and Sourcewell acknowledge Sourcewell is subject to the Minnesota
'ŽǀĞƌŶŵĞŶƚĂƚĂWƌĂĐƟĐĞƐĐƚ͕DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϭϯ͘ƐŝƚĂƉƉůŝĞƐƚŽĂůůĚĂƚĂĐƌĞĂƚĞĚĂŶĚ
maintained in performance of this Agreement, Supplier may be subject to the requirements of this
chapter.
19)'ƌĂŶƚŽĨ>ŝĐĞŶƐĞ͘
a)ƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͗
i)^ƵƉƉůŝĞƌWƌŽŵŽƟŽŶ͘ Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive
ƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞƚŚĞƚƌĂĚĞŵĂƌŬ;ƐͿƉƌŽǀŝĚĞĚƚŽ^ƵƉƉůŝĞƌďLJ^ŽƵƌĐĞǁĞůůŝŶĂĚǀĞƌƟƐŝŶŐ͕
ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ŽƵƌĐĞǁĞůů͛Ɛ
Agreement with Supplier.
ii)^ŽƵƌĐĞǁĞůůWƌŽŵŽƟŽŶ͘ Supplier grants to Sourcewell a royalty-free, worldwide, non-
ĞdžĐůƵƐŝǀĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞ^ƵƉƉůŝĞƌ͛ƐƚƌĂĚĞŵĂƌŬƐŝŶĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů
ŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ƵƉƉůŝĞƌ͛ƐŐƌĞĞŵĞŶƚǁŝƚŚ
Sourcewell.
b)>ŝŵŝƚĞĚZŝŐŚƚŽĨ^ƵďůŝĐĞŶƐĞ͘ The right and license granted herein includes a limited right of each
ƉĂƌƚLJƚŽŐƌĂŶƚƐƵďůŝĐĞŶƐĞƐƚŽƚŚĞŝƌƌĞƐƉĞĐƟǀĞƐƵďƐŝĚŝĂƌŝĞƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ĚĞĂůĞƌƐ͕ƌĞƐĞůůĞƌƐ͕
ŵĂƌŬĞƟŶŐƌĞƉƌĞƐĞŶƚĂƟǀĞƐ͕ƉĂƌƚŶĞƌƐ͕ŽƌĂŐĞŶƚƐ;ĐŽůůĞĐƟǀĞůLJ͞WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͟ͿŝŶ
ĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů͕ŽƌŝŶĨŽƌŵĂƟŽŶĂůŵĂƚĞƌŝĂůƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐƚŚĞWĂƌƟĞƐ͛
ƌĞůĂƟŽŶƐŚŝƉ͘ŶLJƐƵďůŝĐĞŶƐĞŐƌĂŶƚĞĚǁŝůůďĞƐƵďũĞĐƚƚŽƚŚĞƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨƚŚŝƐƌƟĐůĞ͘
Each party will be responsible for any breach of this ƐĞĐƟŽŶ ďLJĂŶLJŽĨƚŚĞŝƌƌĞƐƉĞĐƟǀĞ
sublicensees.
c)hƐĞ͖YƵĂůŝƚLJŽŶƚƌŽů͘
i)EĞŝƚŚĞƌƉĂƌƚLJŵĂLJĂůƚĞƌƚŚĞŽƚŚĞƌƉĂƌƚLJ͛ƐƚƌĂĚĞŵĂƌŬƐĨƌŽŵƚŚĞĨŽƌŵƉƌŽǀŝĚĞĚĂŶĚŵƵƐƚ
ĐŽŵƉůLJǁŝƚŚƌĞŵŽǀĂůƌĞƋƵĞƐƚƐĂƐƚŽƐƉĞĐŝĮĐƵƐĞƐŽĨŝƚƐƚƌĂĚĞŵĂƌŬƐŽƌůŽŐŽƐ.
ii) ĂĐŚƉĂƌƚLJĂŐƌĞĞƐƚŽƵƐĞ͕ĂŶĚƚŽĐĂƵƐĞŝƚƐWĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐƚŽƵƐĞ͕ƚŚĞŽƚŚĞƌƉĂƌƚLJ͛Ɛ
ƚƌĂĚĞŵĂƌŬƐŽŶůLJŝŶŐŽŽĚĨĂŝƚŚĂŶĚŝŶĂĚŝŐŶŝĮĞĚŵĂŶŶĞƌĐŽŶƐŝƐƚĞŶƚǁŝƚŚƐƵĐŚƉĂƌƚLJ͛ƐƵƐĞŽĨ
ƚŚĞƚƌĂĚĞŵĂƌŬƐ͘ ĂĐŚƉĂƌƚLJŵĂLJŵĂŬĞǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌƌĞŐĂƌĚŝŶg misuse under
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ƚŚŝƐƐĞĐƟŽŶ͘dŚĞŽīĞŶĚŝŶŐƉĂƌƚLJǁŝůůŚĂǀĞϯϬĚĂLJƐŽĨƚŚĞĚĂƚĞŽĨƚŚĞǁƌŝƩĞŶŶŽƟĐĞƚŽĐƵƌĞ
ƚŚĞŝƐƐƵĞŽƌƚŚĞůŝĐĞŶƐĞͬƐƵďůŝĐĞŶƐĞǁŝůůďĞƚĞƌŵŝŶĂƚĞĚ͘
d)dĞƌŵŝŶĂƟŽŶ͘ hƉŽŶƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌĂŶLJƌĞĂƐŽŶ͕ĞĂĐŚƉĂƌƚLJ͕ŝŶĐůƵĚŝŶŐ
WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͕ǁŝůůŚĂǀĞϯϬĚĂLJƐƚŽƌĞŵŽǀĞĂůůdƌĂĚĞŵĂƌŬƐĨƌŽŵƐŝŐŶĂŐĞ͕ǁĞďƐŝƚĞƐ͕ĂŶĚ
ƚŚĞůŝŬĞďĞĂƌŝŶŐƚŚĞŽƚŚĞƌƉĂƌƚLJ͛ƐŶĂŵĞŽƌůŽŐŽ;ĞdžĐĞƉƟŶŐ^ŽƵƌĐĞǁĞůů͛ƐƉƌĞ-printed catalog of
ƐƵƉƉůŝĞƌƐǁŚŝĐŚŵĂLJďĞƵƐĞĚƵŶƟůƚŚĞŶĞdžƚƉƌŝŶƟŶŐͿ͘^ƵƉƉůŝĞƌŵƵƐƚƌĞƚƵƌŶĂůůŵĂƌŬĞƟŶŐĂŶĚ
ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ŝŶĐůƵĚŝŶŐƐŝŐŶĂŐĞ͕ƉƌŽǀŝĚĞĚďLJ^ŽƵƌĐĞǁĞůů͕ŽƌĚŝƐƉŽƐĞŽĨŝƚĂĐĐŽƌĚŝŶŐƚŽ
^ŽƵƌĐĞǁĞůů͛ƐǁƌŝƩĞŶĚŝƌĞĐƟŽŶƐ͘
20)sĞŶƵĞĂŶĚ'ŽǀĞƌŶŝŶŐůĂǁďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKŶůLJ͘ dŚĞƐƵďƐƚĂŶƟǀĞĂŶĚƉƌŽĐĞĚƵƌĂů
laws of the State of Minnesota will govern this Agreement between Sourcewell and Supplier. Venue
for all legal proceedings arising out of this Agreement between Sourcewell and Supplier will be in
ĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶǁŝƚŚŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͘dŚŝƐƐĞĐƟŽŶĚŽĞƐŶŽƚĂƉƉůLJƚŽĂŶLJ
ĚŝƐƉƵƚĞďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͘dŚŝƐŐƌĞĞŵĞŶƚƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚĨŽƌ^ƵƉƉůŝĞƌĂŶĚ
WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJƚŽŶĞŐŽƟĂƚĞƚŚŝƐƚĞƌŵƚŽǁŝƚŚŝŶĂŶLJƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ.
21)^ĞǀĞƌĂďŝůŝƚLJ͘ /ĨĂŶLJƉƌŽǀŝƐŝŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĨŽƵŶĚďLJĂĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶƚŽďĞ
ŝůůĞŐĂů͕ƵŶĞŶĨŽƌĐĞĂďůĞ͕ŽƌǀŽŝĚƚŚĞŶďŽƚŚƉĂƌƟĞƐǁŝůůďĞƌĞůŝĞǀĞĚĨƌŽŵĂůůŽďůŝŐĂƟŽŶƐĂƌŝƐŝŶŐĨƌŽŵƚŚĂƚ
provision. If the remainder of this Agreement is capable of beŝŶŐƉĞƌĨŽƌŵĞĚ͕ŝƚǁŝůůŶŽƚďĞĂīĞĐƚĞĚ
ďLJƐƵĐŚĚĞƚĞƌŵŝŶĂƟŽŶŽƌĮŶĚŝŶŐĂŶĚŵƵƐƚďĞĨƵůůLJƉĞƌĨŽƌŵĞĚ͘
22)/ŶƐƵƌĂŶĐĞŽǀĞƌĂŐĞ͘ At its own expense, Supplier must maintain valid insurance policy(ies) during
the performance of this Agreement with insurance company(ies) licensed or authorized to do
ďƵƐŝŶĞƐƐŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂŚĂǀŝŶŐĂŶ͞D ^d͟ƌĂƟŶŐŽĨ- ŽƌďĞƩĞƌ͕ǁŝƚŚĐŽverage and
ůŝŵŝƚƐŽĨŝŶƐƵƌĂŶĐĞŶŽƚůĞƐƐƚŚĂŶƚŚĞĨŽůůŽǁŝŶŐ͗
a)ŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚLJ/ŶƐƵƌĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶŝŶƐƵƌĂŶĐĞĐŽǀĞƌŝŶŐŝƚƐŽƉĞƌĂƟŽŶƐ͕
with coverage on an occurrence basis, and must be subject to terms no less broad than the
/ŶƐƵƌĂŶĐĞ^ĞƌǀŝĐĞƐKĸĐĞ;͞/^K͟ͿŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚLJ&Žƌŵ'ϬϬϬϭ;ϮϬϬϭŽƌŶĞǁĞƌ
ĞĚŝƟŽŶͿ͕ŽƌĞƋƵŝvalent. At a minimum, coverage must include liability arising from premises,
ŽƉĞƌĂƟŽŶƐ͕ďŽĚŝůLJŝŶũƵƌLJĂŶĚƉƌŽƉĞƌƚLJĚĂŵĂŐĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌƐ͕ƉƌŽĚƵĐƚƐ-completed
ŽƉĞƌĂƟŽŶƐŝŶĐůƵĚŝŶŐĐŽŶƐƚƌƵĐƟŽŶĚĞĨĞĐƚ͕ĐŽŶƚƌĂĐtual liability, blanket contractual liability, and
ƉĞƌƐŽŶĂůŝŶũƵƌLJĂŶĚĂĚǀĞƌƟƐŝŶŐŝŶũƵƌLJ͘ůůƌĞƋƵŝƌĞĚůŝŵŝƚƐ͕ƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨĐŽǀĞƌĂŐĞŵƵƐƚ
be maintained during the term of this Agreement.
x Ψϭ͕ϱϬϬ͕ϬϬϬĞĂĐŚŽĐĐƵƌƌĞŶĐĞŽĚŝůLJ/ŶũƵƌLJĂŶĚWƌŽƉĞƌƚLJĂŵĂŐĞ
x Ψϭ͕ϱϬϬ͕ϬϬϬWĞƌƐŽŶĂůĂŶĚĚǀĞƌƟƐŝŶŐ/ŶũƵƌLJ
x ΨϮ͕ϬϬϬ͕ϬϬϬĂŐŐƌĞŐĂƚĞĨŽƌƉƌŽĚƵĐƚƐůŝĂďŝůŝƚLJ-ĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐ
x ΨϮ͕ϬϬϬ͕ϬϬϬŐĞŶĞƌĂůĂŐŐƌĞŐĂƚĞ
b)ĞƌƟĮĐĂƚĞƐŽĨ/ŶƐƵƌĂŶĐĞ͘ WƌŝŽƌƚŽĞdžĞĐƵƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵƵƐƚĨƵƌŶŝƐŚƚŽ
^ŽƵƌĐĞǁĞůůĂĐĞƌƟĮĐĂƚĞŽĨŝŶƐƵƌĂŶĐĞ͕ĂƐĞǀŝĚĞŶĐĞŽĨƚŚĞŝŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞĚƵŶĚĞƌƚŚŝƐ
ŐƌĞĞŵĞŶƚ͘WƌŝŽƌƚŽĞdžƉŝƌĂƟŽŶŽĨƚŚĞƉŽůŝĐLJ;ŝĞƐͿ͕ƌĞŶĞǁĂůĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞŵĂŝůĞĚƚŽ
Sourcewell, 202 12th Street Northeast, Staples, MN 56479 or provided to ŝŶĂŶĂůƚĞƌŶĂƟǀĞ
manner as directed by Sourcewell͘dŚĞĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞƐŝŐŶĞĚďLJĂƉĞƌƐŽŶĂƵƚŚŽƌŝnjĞĚďLJƚŚĞ
insurer(s) to bind coverage on their behalf. Failure of Supplier to maintain the required insurance
ĂŶĚĚŽĐƵŵĞŶƚĂƟŽŶŵĂLJĐŽŶƐƟƚƵƚĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚ͘
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c)ĚĚŝƟŽŶĂů/ŶƐƵƌĞĚ ŶĚŽƌƐĞŵĞŶƚĂŶĚWƌŝŵĂƌLJĂŶĚEŽŶ-ĐŽŶƚƌŝďƵƚŽƌLJ/ŶƐƵƌĂŶĐĞůĂƵƐĞ͘ Supplier
ĂŐƌĞĞƐƚŽůŝƐƚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐŝƚƐŽĸĐĞƌƐ͕ĂŐĞŶƚƐ͕ĂŶĚĞŵƉůŽLJĞĞƐ͕ĂƐĂŶĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚ
ƵŶĚĞƌƚŚĞ^ƵƉƉůŝĞƌ͛ƐĐŽŵŵĞƌĐŝĂůŐĞŶĞƌĂůůŝĂďŝůŝƚLJŝŶƐƵƌĂŶĐĞƉŽůŝĐLJǁŝƚŚƌĞƐƉĞĐƚƚŽůŝĂďŝůŝƚLJĂƌŝƐŝŶŐ
ŽƵƚŽĨĂĐƟǀŝƟĞƐ͕͞ŽƉĞƌĂƟŽŶƐ͕͟Žƌ͞ǁŽƌŬ͟ƉĞƌformed by or on behalf of Supplier, and products
ĂŶĚĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐŽĨ^ƵƉƉůŝĞƌ͘dŚĞƉŽůŝĐLJƉƌŽǀŝƐŝŽŶ;ƐͿŽƌĞŶĚŽƌƐĞŵĞŶƚ;ƐͿŵƵƐƚĨƵƌƚŚĞƌ
provide that coverage is primary and not excess over or contributory with any other valid,
ĂƉƉůŝĐĂďůĞ͕ĂŶĚĐŽůůĞĐƟďůĞŝŶƐƵƌĂŶĐĞŽƌƐĞůĨ-ŝŶƐƵƌĂŶĐĞŝŶĨŽƌĐĞĨŽƌƚŚĞĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐ͘
d)tĂŝǀĞƌŽĨ^ƵďƌŽŐĂƟŽŶ͘ Supplier waives and must require (by endorsement or otherwise) all its
ŝŶƐƵƌĞƌƐƚŽǁĂŝǀĞƐƵďƌŽŐĂƟŽŶƌŝŐŚƚƐĂŐĂŝŶƐƚ^ŽƵƌĐĞǁĞůůĂŶĚŽƚŚĞƌĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐĨŽƌůŽƐƐĞƐ
paid under the insurance policies required by this Agreement or other insurance applicable to
ƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘dŚĞǁĂŝǀĞƌŵƵƐƚĂƉƉůLJƚŽĂůůĚĞĚƵĐƟďůĞƐĂŶĚͬŽƌƐĞůĨ-insured
ƌĞƚĞŶƟŽŶƐĂƉƉůŝĐĂďůĞƚŽƚŚĞƌĞƋƵŝƌĞĚŽƌĂŶLJŽƚŚĞƌŝŶƐƵƌĂŶĐĞŵĂŝŶƚĂŝŶĞĚďLJƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐ
ƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘tŚĞƌĞƉĞƌŵŝƩĞĚďLJůĂǁ͕^ƵƉƉůŝĞƌŵƵƐƚƌĞƋƵŝƌĞƐŝŵŝůĂƌǁƌŝƩĞŶĞdžƉƌĞƐƐǁĂŝǀĞƌƐ
ŽĨƐƵďƌŽŐĂƟŽŶĂŶĚŝŶƐƵƌĂŶĐĞĐůĂƵƐĞƐĨƌŽŵĞĂĐŚŽĨŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘
e)hŵďƌĞůůĂͬ džĐĞƐƐ>ŝĂďŝůŝƚLJͬ^ >&-/E^hZ Z d Ed/KE͘ The limits required by this Agreement can
ďĞŵĞƚďLJĞŝƚŚĞƌƉƌŽǀŝĚŝŶŐĂƉƌŝŵĂƌLJƉŽůŝĐLJŽƌŝŶĐŽŵďŝŶĂƟŽŶǁŝƚŚƵŵďƌĞůůĂͬĞdžĐĞƐƐůŝĂďŝůŝƚLJ
policy(ies), or self-ŝŶƐƵƌĞĚƌĞƚĞŶƟŽŶ͘
ϮϯͿ dĞƌŵŝŶĂƟŽŶĨŽƌŽŶǀĞŶŝĞŶĐĞ͘ Sourcewell or Supplier may terminate this Agreement upon 60
ĐĂůĞŶĚĂƌĚĂLJƐΖǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌWĂƌƚLJ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞ
ƚŚĞ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂLJŵĞŶƚŽĨĂƉƉůŝĐĂďůĞ
ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘
24)dĞƌŵŝŶĂƟŽŶĨŽƌĂƵƐĞ͘ ^ŽƵƌĐĞǁĞůůŵĂLJƚĞƌŵŝŶĂƚĞƚŚŝƐŐƌĞĞŵĞŶƚƵƉŽŶƉƌŽǀŝĚŝŶŐǁƌŝƩĞŶŶŽƟĐĞŽĨ
ŵĂƚĞƌŝĂůďƌĞĂĐŚƚŽ^ƵƉƉůŝĞƌ͘EŽƟĐĞŵƵƐƚĚĞƐĐƌŝďĞƚŚĞďƌĞĂĐŚŝŶƌĞĂƐŽŶĂďůĞĚĞƚĂŝůĂŶĚƐƚĂƚĞƚŚĞ
ŝŶƚĞŶƚƚŽƚĞƌŵŝŶĂƚĞƚŚĞŐƌĞĞŵĞŶƚ͘hƉŽŶƌĞĐĞŝƉƚŽĨEŽƟĐĞ͕ƚŚĞ^ƵƉƉůŝĞƌǁŝůůŚĂǀĞϯϬĐalendar days
ŝŶǁŚŝĐŚŝƚŵƵƐƚĐƵƌĞƚŚĞďƌĞĂĐŚ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞƚŚĞ^ƵƉƉůŝĞƌ͛Ɛ
ŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞ
ĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂLJŵĞŶƚŽĨĂƉƉůŝĐĂďůĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘
ƌƟĐůĞϯ͗
^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ
dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϯƌĞůĂƚĞƐƉĞĐŝĮĐĂůůLJƚŽ^ƵƉƉůŝĞƌĂŶĚĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJǁŚĞŶĞŶƚĞƌŝŶŐ
ƚƌĂŶƐĂĐƟŽŶƐƵƟůŝnjŝŶŐƚŚĞ'ĞŶĞƌĂůdĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ƌƟĐůĞϭ'ĞŶĞƌĂůdĞƌŵƐ
ĐŽŶƚƌŽůŽǀĞƌĂŶLJĐŽŶŇŝĐƚǁŝƚŚƚŚŝƐƌƟĐůĞ ϯ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶLJƐƵďũĞĐƚ͕
WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚLJƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůLJĂĐĐĞƉƚĂďůĞƚĞƌŵƐ.
1)YƵŽƚĞƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘ ^ƵƉƉůŝĞƌƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽƉƌŽǀŝĚĞĂůůƉƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ
ƌĞŐĂƌĚŝŶŐƚŚĞƚŽƚĂůĐŽƐƚŽĨĂĐƋƵŝƐŝƟŽŶǁŚĞŶƋƵŽƟŶŐƚŽĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͘^ƵƉƉůŝĞƌƐĂŶĚ
WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽŝŶĐůƵĚĞĂůůĐŽƐƚƐƉĞĐŝĮĐĂůůLJĂƐƐŽĐŝĂƚĞĚǁŝƚŚŽƌŝŶĐůƵĚĞĚǁŝthin
ƚŚĞ^ƵƉƉůŝĞƌƐƉƌŽƉŽƐĂůĂŶĚ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ ǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ.
2)^ŚŝƉƉŝŶŐ͕ĞůŝǀĞƌLJ͕ĐĐĞƉƚĂŶĐĞ͕ZĞũĞĐƟŽŶ͕ĂŶĚtĂƌƌĂŶƚLJ͘ ^ƵƉƉůŝĞƌ͛ƐƉƌŽƉŽƐĂůŵĂLJŝŶĐůƵĚĞƉƌŽƉŽƐĞĚ
ƚĞƌŵƐƌĞůĂƟŶŐƚŽƐŚŝƉƉŝŶŐ͕ĚĞůŝǀĞƌLJ͕ŝŶƐƉĞĐƟŽŶ͕ĂŶĚĂĐĐĞƉƚĂŶĐĞͬƌĞũĞĐƟŽŶ and other relevant terms
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ŽĨƚĞŶĚĞƌĞĚ^ŽůƵƟŽŶƐ͘^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŵĂLJŶĞŐŽƟĂƚĞĮŶĂůƚĞƌŵƐĂƉƉƌŽƉƌŝĂƚĞĨŽƌƚŚĞ
ƐƉĞĐŝĮĐƚƌĂŶƐĂĐƟŽŶƌĞůĂƟŶŐƚŽnon-ĂƉƉƌŽƉƌŝĂƟŽŶ͕ƐŚŝƉƉŝŶŐ͕ĚĞůŝǀĞƌLJ͕ŝŶƐƉĞĐƟŽŶ͕
ĂĐĐĞƉƚĂŶĐĞͬƌĞũĞĐƟŽŶŽĨƚĞŶĚĞƌĞĚ ^ŽůƵƟŽŶƐ͕ĂŶĚǁĂƌƌĂŶƚLJĐŽǀĞƌĂŐĞĨŽƌ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘^ƵĐŚ
ƚĞƌŵƐŵĂLJŝŶĐůƵĚĞ͕ďƵƚĂƌĞŶŽƚůŝŵŝƚĞĚƚŽ͕ĐŽƐƚƐ͕ƌŝƐŬŽĨůŽƐƐ͕ƉƌŽƉĞƌƉĂĐŬĂŐŝŶŐ͕ŝŶƐƉĞĐƟŽŶƌŝŐŚƚƐĂŶĚ
ƟŵĞůŝŶĞƐ͕ĂĐĐĞƉƚĂŶĐĞŽƌƌĞũĞĐƟŽŶƉƌŽĐĞĚƵƌĞƐ͕ĂŶĚƌĞŵĞĚŝĞƐĂƐŵƵƚƵĂůůLJĂŐƌĞĞĚŝŶĐůƵĚĞŶŽƟĐĞ
requirements, replacement, return or exchange procedures, and associated costs.
ϯͿ ƉƉůŝĐĂďůĞdĂdžĞƐ͘ WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌŶŽƟĨLJŝŶŐƐƵƉƉůŝĞƌŽĨŝƚƐƚĂdž-exempt status and
for providing Supplier with any valid tax-ĞdžĞŵƉƟŽŶĐĞƌƟĮĐĂƟŽŶ;ƐͿŽƌƌĞůĂƚĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘
4)KƌĚĞƌŝŶŐWƌŽĐĞƐƐĂŶĚWĂLJŵĞŶƚ͘ ^ƵƉƉůŝĞƌ͛ƐŽƌĚĞƌŝŶŐƉƌŽĐĞƐƐĂŶĚĂĐĐĞƉƚĂďůĞĨŽƌŵƐŽĨƉĂLJŵĞŶƚĂƌĞ
ŝŶĐůƵĚĞĚǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐǁŝůůďĞƐŽůĞůLJƌĞƐƉŽŶƐŝďůĞĨŽƌƉĂLJŵĞŶƚƚŽ^ƵƉƉůŝĞƌ
ĂŶĚ^ŽƵƌĐĞǁĞůůǁŝůůŚĂǀĞŶŽůŝĂďŝůŝƚLJĨŽƌĂŶLJƵŶƉĂŝĚŝŶǀŽŝĐĞŽĨĂŶLJWĂƌƟĐŝƉĂƟŶŐ ŶƟƚy.
5)dƌĂŶƐĂĐƟŽŶŽĐƵŵĞŶƚƐ͘ WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŵĂLJƌĞƋƵŝƌĞƚŚĞƵƐĞŽĨŝƚƐŽǁŶĨŽƌŵƐƚŽĐŽŵƉůĞƚĞ
ƚƌĂŶƐĂĐƟŽŶƐĚŝƌĞĐƚůLJǁŝƚŚ^ƵƉƉůŝĞƌƵƟůŝnjŝŶŐƚŚĞƚĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌ͛Ɛ
ƐƚĂŶĚĂƌĚĨŽƌŵĂŐƌĞĞŵĞŶƚƐŵĂLJďĞŽīĞƌĞĚĂƐƉĂƌƚŽĨŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ
ŵĂLJĐŽŵƉůĞƚĞĂŶĚĚŽĐƵŵĞŶƚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝnjŝŶŐĂŶLJƚLJƉĞŽĨƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐĂƐŵƵƚƵĂůůLJ
ĂŐƌĞĞĚ͘/ŶĂŶLJƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚĞŶƚĞƌĞĚƵƟůŝnjŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŵƵƐƚŝŶĐůƵĚĞƐƉĞĐŝĮĐƌĞĨĞƌĞŶĐĞƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďLJŶƵŵďĞƌĂŶĚƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ͛ƐƵŶŝƋƵĞ^ŽƵƌĐĞǁĞůůaccount number.
6)ĚĚŝƟŽŶĂůdĞƌŵƐĂŶĚŽŶĚŝƟŽŶƐ WĞƌŵŝƩĞĚ͘ WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂŶĚ^ƵƉƉůŝĞƌŵĂLJŶĞŐŽƟĂƚĞĂŶĚ
ŝŶĐůƵĚĞĂĚĚŝƟŽŶĂůƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚĂƟŽŶĂƐŵƵƚƵĂůůLJĂŐƌĞĞĚ͘^ƵĐŚ
terms may supplant or supersede this Master Agreement when necessary and as solely determined
ďLJWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͘^ŽƵƌĐĞǁĞůůŚĂƐĞdžƉƌĞƐƐůLJƌĞƐĞƌǀĞĚƚŚĞƌŝŐŚƚĨŽƌ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJƚŽĂĚĚƌĞƐƐĂŶLJŶĞĐĞƐƐĂƌLJƉƌŽǀŝƐŝŽŶƐǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐŶŽƚĞdžƉƌĞƐƐůLJŝŶĐůƵĚĞĚ
within this Master Agreement, ŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽƚƌĂŶƐĂĐƟŽŶĐĂŶĐĞůůĂƟŽŶ͕ĚŝƐƉƵƚĞ
ƌĞƐŽůƵƟŽŶ͕ŐŽǀĞƌŶŝŶŐůĂǁĂŶĚǀĞŶƵĞ͕ŶŽŶ-ĂƉƉƌŽƉƌŝĂƟŽŶ͕ŝŶƐƵƌĂŶĐĞ͕ĚĞĨĞŶƐĞĂŶĚŝŶĚĞŵŶŝƚLJ͕ĨŽƌĐĞ
majeure, and other material terms as mutually agreed.
7)^ƵďƐĞƋƵĞŶƚŐƌĞĞŵĞŶƚƐĂŶĚ^ƵƌǀŝǀĂů͘ ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŵĂLJĞŶƚĞƌŝŶƚŽĂƐĞƉĂƌĂƚĞ
agreement to facilitate long-ƚĞƌŵƉĞƌĨŽƌŵĂŶĐĞŽďůŝŐĂƟŽŶƐƵƟůŝnjŝŶŐƚŚĞƚĞƌŵƐŽĨƚŚŝƐDĂƐƚĞƌ
Agreement as mutually agreed. Such agreements may provide for a performance period extending
beyond the full term of this Master Agreement ĂƐĚĞƚĞƌŵŝŶĞĚŝŶƚŚĞĚŝƐĐƌĞƟŽŶŽĨWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ.
8)WĂƌƟĐŝƉĂƟŶŐĚĚĞŶĚƵŵƐ͘ ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŵĂLJĞŶƚĞƌĂWĂƌƟĐŝƉĂƟŶŐĚĚĞŶĚƵŵŽƌ
ƐŝŵŝůĂƌĚŽĐƵŵĞŶƚĞdžƚĞŶĚŝŶŐĂŶĚƐƵƉƉůĞŵĞŶƟŶŐƚŚĞƚĞƌŵƐŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽĨĂĐŝůŝƚĂƚĞ
ĂĚŽƉƟŽŶĂƐŵĂLJďĞƌĞƋƵŝƌĞĚďLJĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͘
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021726-SCA
v052824 14
Sourcewell Sewer Equipment Co. of America
LJ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ LJ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
Jeremy Schwartz Vanessa Gomez
dŝƚůĞ͗ŚŝĞĨWƌŽĐƵƌĞŵĞŶƚKĨĨŝĐĞƌ dŝƚůĞ͗Inside Sales Manager
ĂƚĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
ĂƚĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
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121
Memorandum
REPORT TO:City Commission
FROM:Sam Bearzi, Fleet Manager
Jon Kercher, Water Reclamation Facility Superintendent
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize City Manager to Sign Purchase Agreement with Torgerson's
Equipment for one Live Bottom Trailer
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve City Manager to Sign Purchase Agreement with Torgerson's
Equipment for one Live Bottom Trailer
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:The Water Reclamation Facility (WRF) provides necessary services for
treatment of sanitary sewer wastewater for the City of Bozeman. A
biproduct of this process are biosolids that need to be hauled to the county
landfill twice daily when they are extracted from the WRF. This purchase
replaces a 2001 Freightliner Roll-Off truck (asset #2789) with over 415,000
miles and 25,000 hours of run time which provides the critical service of
hauling biosolids from the WRF. This replacement was selected utilizing a
Sourcewell cooperative purchasing contract to comply with State and City
procurement requirements. Exhibit A is the quote for the trailer. Exhibit B is
the Trail King Sourcewell contract.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:This project was approved in the FY26-30 Capital Improvement Plan and
FY27-28 Biennium Budget, under project WW170. The total project cost will
be $173,240.
Attachments:
Purchase Agreement - Torgerson's Equipment
Exhibit A - Live Bottom Trailer Quote
122
Exhibit B - Trail King - Sourcewell-092922
Report compiled on: September 22, 2026
123
Agreement for Purchase of WW170 Live Bottom Trailer
FY2027
Page 1 of 7
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of October, 2026 (“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, Torgerson’s Equipment, 5900 Jackrabbit Ln, Belgrade, MT
59714, hereinafter referred to as “Seller.” The City and Seller may be referred to individually as
“Party” and collectively as “Parties.”
In consideration of the mutual promises and agreements hereinafter contained, the
parties agree as follows:
1. Property Purchased: Seller agrees to sell and City agrees to purchase the property
requested and described in Quote #TK-93507.03, attached hereto as Exhibit A which is
incorporated into this Purchase Agreement by this reference. By accepting this Purchase
Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products
of all machines, software, hardware, materials and other devices furnished under this Purchase
Agreement which are not of the Seller’s design, composition, or manufacture shall be free and
clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City
harmless from any and all costs and expenses, including attorney fees, liability, and loss of any
kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to
defend such claims, suits, or actions.
2. Specifications: The Seller agrees that all material and workmanship in and upon
this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the
City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response
to the same.
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Agreement for Purchase of WW170 Live Bottom Trailer
FY2027
Page 2 of 7
3. Price: The City agrees to pay $173,240.00 as the purchase price. All prices include
shipping and any applicable local, state or federal taxes that may be applied to the Property to
be purchased. This price is firm and not subject to escalation under agreed to in writing by the
City.
4. Delivery and Payment: Time is of the essence in the performance of this Purchase
Agreement. Seller assumes full responsibility for all transportation, transportation scheduling,
packing, handling, insurance, and other served associated with delivery of the Property.
Seller agrees to delivery to the City in a fully operational status and all accessories
properly installed no later than June 30th, 2027. Delivery will occur at 1812 N Rouse Ave,
Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the
Property and/or performance of services required under this Purchase Agreement cannot be
made Seller shall promptly notify the City of the earliest possible date for delivery or
performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property
or perform required services within the time specific or to the City’s satisfaction the City may
terminate this Purchase Agreement or any part therefore without liability except for good or
services previously provided and accepted. The City’s receipt or acceptance of any part of a non-
conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City
has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period
thereafter, City has the right to inspect the Property to ensure that it meets Specifications as
modified by Seller’s responses which have been accepted by City. If the Property meets the
Specifications, City shall tender the purchase price stated above to Seller through the City’s
normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty
(30) days from the date of receipt of invoice or acceptance and delivery of goods and services by
the City, whichever occurs last. Payment will be made to Seller at the address previously stated
unless Seller provides a different address in writing.
5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable
state and federal anti-discrimination laws, regulations, and contracts. The Seller 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
125
Agreement for Purchase of WW170 Live Bottom Trailer
FY2027
Page 3 of 7
orientation, gender identity, physical or mental disability, except when the reasonable demands
of the position require an age, physical or mental disability, marital status or sex distinction. The
Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title
2, United States Code, and all regulations promulgated thereunder.
Seller 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, Montana Code Annotated
(MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Seller shall require these nondiscrimination terms of its subcontractors providing
products under this Agreement.
6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase
Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s
Specifications, City may, at its option, take any or all of the following actions without prejudice
to any other rights or remedies available to the City by law: (i) declare the Seller in default and
immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace
any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so,
repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in
the Property containing defective or nonconforming equipment or material and return for credit
or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach
by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure
substitute property to replace the Property described herein. In such event, Seller is liable to City
for the difference between the price set forth herein and the price paid by City for the
replacement property. Additionally, the City may pursue any other remedy it has at law or in
equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
7. Change Orders: The City shall have the right to revoke, amend, or modify this
Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s
126
Agreement for Purchase of WW170 Live Bottom Trailer
FY2027
Page 4 of 7
receipt of City’s written change order without response received by the City within 10 (ten)
business days or Seller’s shipment or other performance reflecting the change, whichever occurs
first, shall be Seller’s acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL
COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN EXHIBIT B AND
SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY
NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED
BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR
PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR
IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO
WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE
AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN,
MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN
COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS
AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE
DEEMED TO EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES
WHICH THE CITY MAY HAVE OR OBTAIN.
9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of
the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims,
demands, suits, damages, losses, and expenses connected therewith that may be asserted or
claimed against, recovered from or suffered by the City by reason of any injury or loss, including
but not limited to, personal injury, including bodily injury or death, property damage, occasioned
by, growing out of, or in any way arising or resulting from any intentional or negligent act on the
part of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by
the city of the Property.
10. Assignment: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
11. Entire Agreement: This Agreement, including its appendices, if any, embodies the
127
Agreement for Purchase of WW170 Live Bottom Trailer
FY2027
Page 5 of 7
entire understanding between the parties relating to the subject matter contained herein. No
agent or representative of either party has authority to make any representations, statements,
warranties or agreements not herein expressed and all modifications or amendments of this
Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
13 Permits: Seller shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
14. Laws and Regulations: Seller shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
15. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’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.
16. 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
128
Agreement for Purchase of WW170 Live Bottom Trailer
FY2027
Page 6 of 7
such term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
17. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing Party or the Party giving notice shall be entitled to
reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
including the City Attorney’s Office staff.
18. Dispute Resolution:
a. Any claim, controversy, or dispute between the Parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions.
b. If the Parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
19. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. 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 ****
129
Agreement for Purchase of WW170 Live Bottom Trailer
FY2027
Page 7 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives the day and year first above written.
CITY OF BOZEMAN Torgerson’s Equipment
By___________________________ By____________________________
Chuck Winn, City Manager David Weller
Government Sales Specialist
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
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136
092922-TKI
Rev. 3/2022 1
Solicitation Number: RFP #092922
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Trail King Industries, Inc., 300 East Norway Ave., Mitchell, SD 57301
(Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Trailers with Related Equipment, Accessories, and
Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires December 20, 2026, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
137
092922-TKI
Rev. 3/2022 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier’s dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends
beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
x Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government-
owned facilities, including schools. Supplier’s employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and
x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department);
x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above “Attn: Accounts Receivable” or remitted electronically to
Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If
Supplier’s Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Contract are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell’s
responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier’s trademarks in advertising and promotional materials for the
purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in
advertising and promotional materials for the purpose of marketing the Parties’ relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s trademarks only in good faith and in a dignified manner consistent with
such party’s use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer’s Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier’s
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data – including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
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insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
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references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
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not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
151
092922-TKI
Rev. 3/2022 16
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier’s personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
152
092922-TKI
Rev. 3/2022 17
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by a Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier’s
153
092922-TKI
Rev. 3/2022 18
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell Trail King Industries, Inc.
By: __________________________ By: __________________________
Jeremy Schwartz Mike Heschke
Title: Chief Procurement Officer Title: Dir. Of Government Sales
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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172
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173
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Engineer III
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign Amendment 1 of the Professional
Services Agreement with Morrison Maierle for the Municipal Groundwater
Project
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 of the Professional
Services Agreement with Morrison Maierle for the Municipal Groundwater
Project
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The base professional services agreement (PSA) for the municipal
groundwater project was authorized by the City Commission on February 4,
2025. The attached Amendment 1 provides for engineering design and
oversight of the initial test well program for the project. The amendment
also reconciles additional services requests made by the City for the project
to date. A subsequent PSA amendment will be brought to the City
Commission for well drilling and aquifer testing as a sub-contracted activity
under Morrison Maierle’s PSA.
The initial test well program focuses on the City’s Leverich property located
near the mouth of Leverich Canyon to investigate the site’s suitability for
aquifer storage and recovery (ASR). Upon completion of well drilling, aquifer
testing will be performed to obtain fundamental aquifer properties to assess
whether the geologic structures accessible below the site are capable of
storing significant volumes of water. Pending positive aquifer test results,
the ASR project would move forward into the water rights permitting phase.
To achieve the 5,810 acre-feet groundwater supply target in the adopted
2013 Integrated Water Resources Plan, the initial test well program must be
expanded to other potential sites in addition to the Leverich site, subject to
future PSA amendments, as it is unrealistic for the Leverich property alone
to store as much as 5,810 acre-feet of water underground. However, based
on initial hydrogeologic investigation, the Leverich site may provide a
portion of the needed volume.
174
Upon successful results from a test well program, the water rights permitting
phase follows the test well program and entails risks and capital outlays with
no guaranteed outcome. The MT DNRC will not consider a water rights
application to be “correct and complete”, and thus acceptable for review,
unless all ASR wells needed to appropriate the volume of water requested in
the application are constructed and tested in advance. The ASR wells must
also be built to public water supply well standards before they may be
tested, thereby necessitating design approval from MT DEQ prior to
construction.
MT DNRC’s water rights application process workflow is linked here. MT
DNRC has prepared guidance documents to guide agency staff and applicant
practitioners through the water rights change and water rights permit
application processes. The guidance is voluminous, totaling over 600 pages
in length, serving as a proximate indicator of the complexity of the subject
and why it takes multiple years to successfully navigate the review process
to reach an approval.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The negotiated amount for Amendment 1 totals $204,360. Sufficient funding
for the amendment is available in the FY27 capital improvement plan budget
for project ‘WIF33 – Test Well & Mitigation System Program’.
Attachments:
Amendment 1 to GW PSA_Combined.pdf
Report compiled on: September 24, 2026
175
Amendment 1 to Professional Services Agreement for Municipal Groundwater Project Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR City of Bozeman Municipal Groundwater Supply Project dated February 4, 2025 (the
“Agreement”) is made and entered into this _6th__ day of October_, 2026, 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 Morrison-Maierle, Inc. hereinafter referred to as “Engineer.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Scope of Services. Scope of services is amended to add the following services:
o See Attached Exhibit A - Scope of Work
2. Payment for Scope of Services for Amendment No. 1. Work to be completed on an hourlybasis as provided for in the original agreement at a fee to not exceed $204,360.
3.Agreement still valid. All remaining terms and provisions of the original Agreement
remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
176
Amendment 1 to Professional Services Agreement for Municipal Groundwater Project Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC.
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name: Travis Eickman
Title: Bozeman Operations Manager
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
177
Exhibit A City of Bozeman Municipal GW Project – Amendment 1 Scope of Work
PROJECT DESCRIPTION:
The intent of this project is to develop public water supply (PWS) production wells for the City of Bozeman (COB), including permitting through both the Department of Environmental Quality (DEQ), and the Department of Natural Resources and Conservation (DNRC). The scope of work includes amendment for change in scope under the original scope of work including tasks 101 project management, 102 GW Eval Valley Wide, and 107 Project Ranking and includes new scope of work under 101 Project Management, 106 Consultant Coordination and new tasks 109, test well drilling oversight, 110 Geophysical Surveys.
A future scope will include permitting through DNRC and DEQ, design of production wells, mitigation infrastructure, well houses, treatment systems, and construction related tasks.
The level of effort in the budget is based on what is estimated to be a reasonable level of effort to identify sites that will likely yield significant quantities of groundwater and explore mitigation strategies that are likely acceptable to the DNRC. It is not intended to be an exhaustive level of effort, and the end product will be based on the estimated budget per task.
The general scope of work in Phase I includes the following:
• Hydrogeologic evaluation
• Groundwater modeling
• Mitigation evaluation
• Prepare test well drilling plan to identify potential yields of target areas.
SCOPE OF WORK: AMENDMENT 1 – SCOPE CHANGE - PLANNING AND TEST WELL DEVELOPMENT
101 – PROJECT MANAGEMENT AND GUIDANCE
Project Status Meetings: This task will include routine project status meetings with COB staff estimated to be on a bi-monthly basis. Includes meetings from 01/01/2026 through 12/31/2026.
Project Management and Guidance: This task provide project management throughout Phase 1, focused on delivering a quality product within the specified schedule. The task includes internal staff management, coordination with and management of subconsultants,
and coordination with the COB. Monthly invoices for services rendered will be prepared along with an accompanying progress report. Includes project management from 01/01/2026 to 12/31/2026.
178
102 – HYDROGEOLOGIC EVALUATION – VALLEY WIDE
• Includes tasks under original scope of work
• Acquire surface water flow data from existing published sources. Discrete physical measurements may be utilized in areas without historical records or for verification purposes. Assume four field measurements.
o Amendment Increases field visits, instrumentation and monitoring on Bozeman Creek and Middle Creek through 06/01/2026.
o Additional field work assumes, 5 days of effort to measure streamflow at all monitored sites, download and remove equipment. 106– Consultant Coordination Add additional budget for continued consultation with Geophysical companies, WET, Barnes Groundwater, meetings with Gallatin Water Trust, Meetings with IWRP. 107– PROJECT RANKING
• Provide a ranking of each selected site, including the Sports Park Well
• Ranking will include well yield potential, permitting potential, infrastructure cost.
• Use ranking table to identify permitting and/or test well drilling locations along with a workshop with City staff and Legal counsel. Increased scope of work for analysis of Belgrade options and ASR options not contemplated in original scope. 109 – Test Well Drilling Oversight, Testing, Analysis and Reporting Test well drilling oversight is based on drilling oversight of two, four-hundred-foot-deep wells, aquifer testing including two stepped rate tests, two constant rate tests, one injection test, monitoring equipment for four wells, a full water quality suite from both the existing shallow monitoring wells and the two deep exploration holes, test analysis and reporting. This program is specific to the Leverich Site. 110 – Sub-Consultant – Geophysical Companies Includes subcontracting for geophysical companies including previous work by Big Sky Geophysics, current work by TSS, and contingent for future work as needed.
179
Fee Estimate by Task Task 101 Project Management $36,000.00 102 GW Eval Valley Wide Streamflow $42,000.00 Geophysics Analysis $5,000.00 106 Consultant Coordination $15,000.00 107 Project Ranking $6,000.00 109 Test Well Drilling $70,360.00 110 Sub-Consultant Geophysics $30,000.00 Total $204,360.00
180
Memorandum
REPORT TO:City Commission
FROM:Danae Giannetti, Engineer II
Emiliano Esparza, Acting Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign Amendment 2 to Task Order 2023TE-006
with Sanbell to Provide Construction Administration and Inspection Services
for the West Oak Street and Ferguson Avenue Intersection Project
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment #2 to Task Order 2023TE-
006 with Sanbell to Provide Construction Administration and Inspection
Services for the West Oak Street and Ferguson Avenue Intersection Project.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Transportation Engineering Term Contract Task Order 2023TETC-006 with
Sanbell provides for professional design services for the West Oak Street and
Ferguson Avenue Intersection Project (Project). The Project will incorporate
Oak Street and Ferguson Avenue left-turn lanes, removal of Ferguson
Avenue northbound right-turn only lane, and Oak Street median closure of
Ryun Sun Way. Amendment #2 will provide additional Construction
Administration and Inspection Services to support Transportation and
Engineering staff with Project construction. Staff has reviewed the proposed
scope and fee and recommends authorizing the City Manager to sign
Amendment #2 to Task Order 2023TETC-006.
The FY26 Adopted Annual Operating Budget appropriated a total of
$900,000, under the Street Impact Fee and Arterial & Collector Funds, for
project SIF188 - Oak Street Intersections including Construction
Administration and Inspection Services.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:Amendment #2 to Task Order 2023TETC-006 provides additional
professional services on a time and materials basis with an estimated fee of
181
$7,015. The funds for this amendment are currently available in the FY26
Adopted Annual Operating Budget as part of SIF 188 - Oak Street
Intersections.
Attachments:
Amendment #2 to Task Order TE23-006_Oak_Ferguson.pdf
Report compiled on: September 16, 2026
182
AMEND. TO SERVICES AGREE. OCTOBER 2024PAGE 1 OF 1
AMENDMENT TO SERVICES
AGREEMENT – NO. 2
1. PROJECT/SERVICES AGREEMENT INFORMATION
Effective Date of Original Services Agreement: 2/4/25
Project Name: TE23-006 West Oak St & Ferguson Intersection Design
Project Number: 22367.07
Client Name: City of Bozeman Transportation & Engineering Department
2. NATURE OF AMENDMENT
☒Modifications to Sanbell scope of work and/or contract fee amount
☒Modifications to project schedule
3. DESCRIPTION OF SERVICES AGREEMENT MODIFICATIONS
Phase 6 – Construction Admin & Inspection
4. FEE MODIFICATIONS
Original services agreement fee: $48,500
Total fees for prior Amendments: $22,940
Total services agreement fee with prior Amendments: $71,440
Proposed fee for this Amendment: $7,015
Total services agreement fee with all Amendments: $78,455
Client and Sanbell hereby agree to modify the above-referenced Services Agreement as set forth in
this Amendment. All provisions of the Services Agreement not specifically modified by this or any
prior Amendments shall remain in effect. The effective date of this Amendment shall be the
signature date of the Client as shown below.
CLIENT SANBELL
Signature: Signature:
Printed: Chuck Winn Printed: Danielle Scharf
Title: City Manager Title: Principal
Date: Date:
183
Transportation Engineering Term Contract
Amendment #2 – West Oak St & Ferguson Avenue Intersection Design
Task Order No. TE23-006
9/8/26
Sanbell is pleased to provide this Amendment #2 for limited construction
administration and inspection of intersection improvement at the West Oak Street &
Ferguson Avenue intersection. The intersection improvements will incorporate Oak
Street and Ferguson Avenue left-turn lanes, removal of Ferguson Avenue northbound
right-turn only lane and Oak Street median closure of Ryun Sun Way. A detailed scope
of services is outlined below. This work is to be done as a part of the Transportation
Engineering term contract for engineering services.
Scope of Work:
Phase 6 – Construction Administration & Inspection
This phase of the project will consist of construction inspection and on-going
administration, including the following:
• Construction observation and documentation based on assumed observation
of 20 hours
• Respond to contractor RFI’s
• Process Pay applications submitted by Contractor and any necessary work
change directives, verify material quantities on all contractor pay requests
• Process the Certificate of Substantial Completion, coordinate final inspection,
prepare punch lists and verify completion
• Prepare as-built (record) drawings
• Prepare City of Bozeman close-out submittal
• Conduct two-year warranty walkthrough, prepare punch list and verify
completion
The following items are specifically excluded from this scope of work:
• Coordination of material testing and payment (By City Term Contract)
• Construction Staking (By selected contractor)
• Community Outreach (By City Staff)
184
Fees and Billing Arrangements:
Fee
Phase 6 – Construction Administration & Inspection $7,015
Total Fee $7,015
Sanbell will bill for its services on a time and materials basis with a not to exceed
amount of $7,015 as specified in the fee table above and attached detailed hourly
breakdown. Sanbell shall submit invoices to the Client for work accomplished during
each calendar month. The amount of each monthly invoice shall be determined on
the “time-and-material basis” according to the attached current standard rate sheets
for Sanbell-Rocky Mountain. Monthly invoices shall include, separately listed, any
charges for service for which time charges and/or units’ costs shall apply.
Project Schedule:
The anticipated schedule for this project is completion of construction October 2026.
185
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Cola Rowley, Assistant City Manager
SUBJECT:Clarifying Appointment Terms for the Tax Increment Financing (TIF) Board
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Consider the Motion: I move to appoint TIF Board members to the following
terms:
Gallatin County: Commissioner Ryan Finn. Term expiring December 2026
Bozeman School District 7: Mike Waterman. Term expiring December 2026
Midtown Resident or business owner: Susan Fraser. Term expiring
December 31, 2028
Northeast Resident or business owner: Natalie Van Dusen. Term expiring
December 31, 2029
Nolan Campbell (real estate professional). Term expiring December 31, 2027
Julien Morice (small scale local developer). Term expiring December 31,
2028
Martin Matsen (professional planning). Term expiring December 31, 2027
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:On October 15th, 2025 the City Commission passed Resolution 2025-53
creating the Tax Increment Finance Advisory Board (TIF).
All seven positions are Mayoral appointments:
One member to be appointed by the Mayor, who may be an employee
or hold public office for Gallatin County;
One member to be appointed by the Mayor, who may be an employee
or hold public office for Bozeman School District 7;
One member to be appointed by the Mayor, who currently resides in,
owns a business, or owns property in the Midtown Urban Renewal
District;
One member to be appointed by the Mayor, who currently resides in,
owns a business, or owns property in the Northeast Urban Renewal
District;
Three citizen members, to be appointed by the Mayor, who possess
qualifications in real estate, finance, engineering, architecture, or
186
professional planning
The initial membership must consist, at a minimum, of one member
appointed for 1 year, two for 2 years, two for 3 years, and two for 4 years.
Each subsequent appointment must be for 4 years
On December 15, 2025, by a vote of 5-0, the City Commission approved the
following appointments:
Commissioner Scott MacFarlane as the Gallatin County representative
Mike Waterman as the Bozeman School District 7 representative
Susan Fraser as the Midtown Urban Renewal District Representative
Natalie Van Dusen as the Northeast Urban Renewal District Representative
Nolan Campbell as a citizen member
Julien Morice as a citizen member
Martin Matsen as a citizen member
The motion on December 15, 2025, lacked term expirations for those
appointments. Subsequently, County Commissioner, Scott MacFarlane
resigned and Gallatin County designated Ryan Finn as his replacement.
This item is to correct the oversight and establish the initial appointment
terms.
UNRESOLVED ISSUES:None identified
ALTERNATIVES:As per the City Commission
FISCAL EFFECTS:None
Report compiled on: September 22, 2026
187
Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
SUBJECT:Resolution Levying a Special Assessment Upon Benefitted Properties Within
Special Improvement District No. 789 for the Riverside Wastewater
Improvements
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution Levying a Special Assessment Upon Benefitted
Properties Within Special Improvement District No. 789 for the Riverside
Wastewater Improvements.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:On February 8, 2022 a petition of annexation was submitted by a majority of
landowners in the Riverside Manor Subdivision, Riverside Green Subdivision,
and Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030, requesting
the City Commission extend the boundaries of the City of Bozeman. At its
April 5, 2022 meeting the City Commission adopted Resolution 5355, for the
purpose of annexing an area of land containing approximately 57.5 acres,
located north of the East Gallatin River and on both side of Springhill Road,
known as the Riverside Annexation.
At its November 19, 2024 meeting the City Commission adopted Resolution
5647, declaring it to be the intention of the City Commission to create
Special Improvement District (SID) No. 789 (Riverside Neighborhood) for the
purpose of financing the costs of the public wastewater infrastructure that
connects Riverside's sewer collection system to the City's Water Reclamation
Facility.
On December 17, 2024 the public hearing for creation was held providing an
opportunity for the public to comment on the proposal and for the
Commission to hear and decide upon all protests that were received prior to
the end of the protect period. Within the protest period, the City received
no protests from the owners of properties subject to assessment. At its
December 17, 2024 meeting the City Commission adopted Resolution 5648
creating SID 789.
The City financed the project through the issuance of bonds under the State
188
of Montana's revolving loan program, administered by the Department of
Natural Resources and Conservation (DNRC) of the State of Montana. The
total cost of the improvements was $2,510,368. At its June 2, 2026 meeting
the Commission adopted Resolution No. 2026-48, authorizing the issuance of
the Special Improvement District No. 789 bond in a principal amount not to
exceed $1,692,000 and a subordinate revenue bond in a principal amount
not to exceed $850,000 through the DNRC Revolving Loan Program. The
subordinate revenue bond issued for $850,000 is eligible for loan forgiveness
which the city expects to occur in fiscal year 2027 once the DNRC has
completed final approval of the project. The SID 789 bond was issued for
$1,660,368 at a fixed interest rate of 2.5%, payable in semiannual
installments of principal and interest over a period not exceeding twenty
(20) years.
This resolution is the final step in the process to levy the special assessment
for properties within the SID 789. Adoption of the Resolution will levy the
special assessment upon all benefitted properties located within the District
in accordance with the assessment methodology established in Resolution
No. 5647, the resolution of intent to create the District. MCA 7-12-4189
establishes a simple interest to be charged on all special assessments that is
1/2 of 1% above the interest rate payable on the outstanding bonds.
Therefore, the special assessments shall bear interest at an annual rate of
3%, equal to the 2.5% bond rate paid to DNRC plus .50% simple interest.
Notice of this hearing, at which objections to the adoption of this resolution
will be heard, was published and mailed to the owners of property with the
District in accordance with 7-12-4177, Montana Code Annotated.
Special Assessments are collected in the same manner and at the same time
as assessments, and are payable in two installments, one-half on or before
November 30 each year, and one-half on or before May 31 of the following
year.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:As described in the Resolution of Intention to Create the District, special
assessments are used to pay back the debt obligations funding the costs of
the improvements.
Attachments:
Resolution Levying and Assessing a Special Assessment for
Special Improvement District 789.pdf
Report compiled on: September 21, 2026
189
1
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING A
SPECIAL ASSESSMENT UPON ALL PROPERTY SITUATED WITHIN SPECIAL IMPROVEMENT
DISTRICT NO. 789 IN THE TOTAL AMOUNT OF $1,660,368 TO DEFRAY THE COST OF MAKING
THE IMPROVEMENTS IN SAID SPECIAL IMPROVEMENT DISTRICT PURSUANT TO RESOLUTION
NUMBER 5648 CREATING THE DISTRICT.
WHEREAS, the City Commission of the City of Bozeman, Montana did create Special
Improvement District 789 (the “District”) and thereby ordered and directed to be made within
the District improvements as specified in Resolution No. 5648 (the “Improvements”); and
WHEREAS, the final cost of the Improvements is $2,510,368; and
WHEREAS, on June 2, 2026 the City Commission adopted Resolution No. 2026-48,
authorizing the issuance of (i) the Special Improvement District No. 789 Bond in a principal
amount not to exceed $1,692,000 and (ii) a subordinate revenue bond in a principal amount not
to exceed $850,000 through the Department of Natural Resources and Conservation Water
Pollution Control State Revolving Loan Program to finance the Improvements; and
WHEREAS, $850,000 of the cost of the Improvements is financed through the
subordinate revenue bond and is eligible for loan forgiveness, leaving $1,660,368 to be assessed
against the properties within the District; and
WHEREAS, the total principal amount of the special assessments against the properties
within the District is $1,660,368, payable in semiannual installments of principal and interest over
a period not exceeding twenty (20) years; and
WHEREAS, each lot, tract, piece, or parcel of land within the District is assessed by its
proportionate share of the District’s cost in accordance with the assessment methodology
established in Resolution No. 5647, the resolution of intent to create the District; and
WHEREAS, the City Clerk published notice of resolution for levy and assessment in the
190
2
Bozeman Daily Chronicle on September 19, 2026 and September 25, 2026 and sent mail notices
to the owners of each lot, tract, or parcel of land to be assessed in accordance with 7-12-4177,
MCA; and
WHEREAS, the City Commission is conducting a public hearing on the resolution for levy
and assessment October 6, 2026 in accordance with 7-12-4178, MCA.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
To defray the costs and expense of making said Improvements in the District, the City
of Bozeman hereby levies and assesses a tax upon all property situated within the District on
Exhibit A attached, which is hereby incorporated herein and made a part hereof. The special
assessments for the costs of the Improvements shall be levied and assessed in accordance with
the method of assessments referred to in the resolution of intention. Such assessments shall be
payable over a term not exceeding twenty (20) years, each in substantially equal semiannual
payments of principal and interest. The special assessments shall bear interest from the bond
issuance authorized in Resolution No. 2026-48 until paid at an annual rate of 3.0%. Property
owners shall have the right to prepay the special assessments as provided by law.
Section 2
The Commission hereby ratifies and confirms that the assessment of costs of the
specific Improvements against the property benefitted thereby as prescribed by the resolution
of intention is equitable and in proportion to and not exceeding the special benefits derived
from the Improvements by the parcel to be assessed therefor within the District, and the
special assessments authorized by this resolution are in accordance with the methods and do
not exceed the amounts prescribed by the resolution of intention.
Section 3
The assessments for the District which are listed in the City Treasurer’s assessment
book are due and payable to the City Treasurer of the City of Bozeman and will become
delinquent at 5 p.m. on November 30th and May 31st of each year until they are paid i n full.
Section 4
This resolution shall be kept on file in the office of the City Clerk and shall be open to
191
3
public inspection.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 6th day of October, 2026.
___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
192
RIVERSIDE SPECIAL IMPROVEMENT DISTRICT No. 7891
BOZEMAN, GALLATIN COUNTY, MONTANA
PROP
COUNT
ASSESSMENT
CODE OWNER NAME
Total Assessment
Amount
November Semi-
Annual
Payment
May Semi-
Annual
Payment
1 RFG8020 1
51 PARK PLAZA RD
BOZEMAN, MT 59715 ABBA DABBA, LLC 1100 BRIDGER CANYON SPUR RD BOZEMAN MT 59715 11,692.73 390.85 390.85
2 RFG8200 2
52 PARK PLAZA RD
BOZEMAN, MT 59715 BROWN, JACOB B & SEBRINA L 52 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
3 RFG7215 3
53 PARK PLAZA RD
BOZEMAN, MT 59715 HANLEY, KELLY & SLAYTON BROOKE 53 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
4 RFG9716 4
54 PARK PLAZA RD
BOZEMAN, MT 59715 OGILVIE, KELSEY & ETHAN HILL 54 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
5 RFG9717 5
55 PARK PLAZA RD
BOZEMAN, MT 59715
OMOHUNDRO, WILLIAM D & ELISSA A
TRUSTEES PO BOX 189 BUFFALO WY 82834-0189 11,692.73 390.85 390.85
6 RFG8065 6 56 PARK PLAZA RDBOZEMAN, MT 59715 VANDERMOLEN, CARL & JEAN M 56 PARK PLAZA DR BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
7 RFG9718 7
57 PARK PLAZA RD
BOZEMAN, MT 59715 JOHNSTONE, JAMES A 57 PARK PLAZA DR BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
8 RFG8015 8
58 PARK PLAZA RD
BOZEMAN, MT 59715 HOLLENSTEINER, WILLIAM S 25 RIVER MEADOW LN BELGRADE MT 59714-9336 11,692.73 390.85 390.85
9 RFG8724 9
59 PARK PLAZA RD
BOZEMAN, MT 59715 STOCKTON, DANIEL H III & LESLIE L 59 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
10 RFG9714 1
1 RIVERSIDE DR
BOZEMAN, MT 59715
LEIGGI, MICHAEL PATRICK & MCKAMEY
SHELDON LOUISE 1 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
11 RFG9370 2
2 PARK PLAZA RD
BOZEMAN, MT 59715
TIMMONS, STEVEN MARK & DENISE JANE
(THE TF5 TRUST)2 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
12 RFG9066 3
3 PARK PLAZA RD
BOZEMAN, MT 59715 FLATNESS, JEFFRY C & JOLYNNE 3 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
13 RFG9067 4
4 PARK PLAZA RD
BOZEMAN, MT 59715 SCHAFF, ALLEN K & DIANE C TRUSTEES 4 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
14 RFG9068 5
5 PARK PLAZA RD
BOZEMAN, MT 59715 BASILE, MICHAEL A TRUSTEE 5 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
15 RFG7807 6
6 PARK PLAZA RD
BOZEMAN, MT 59715 GANNON, KATHRYN A & JAMES H 6 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
16 RFG9064 7
7 PARK PLAZA RD
BOZEMAN, MT 59715 HUKILL, BARRY J REV TR DTD 4/12/01 5150 N PINNACLE POINT DR TUCSON AZ 85749-7150 11,692.73 390.85 390.85
17 RFG9065 8
8 PARK PLAZA RD
BOZEMAN, MT 59715
HAMANN, CARLEY JANE & JOHN
CHAMPLIN 8 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
18 RFG8386 9
9 PARK PLAZA RD
BOZEMAN, MT 59715 BUSBY-HIRMAN, SHAWNA 9 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
19 RFG7738 10
10 PARK PLAZA RD
BOZEMAN, MT 59715 JAEGER, NINA & AL 10 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
20 RFG8519 11
11 PARK PLAZA RD
BOZEMAN, MT 59715 MARCHWICK, JAMES L & SONJA L 11 PARK PLAZA DR BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
21 RFG9070 12
12 PARK PLAZA RD
BOZEMAN, MT 59715
HATHAWAY, ROBERT A & HATHAWAY
MARILYN B 12 PARK PLAZA DR BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
22 RFG9071 13
13 PARK PLAZA RD
BOZEMAN, MT 59715 LEE-EICHENWALD, SCOTT & CARLA 13 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
23 RFG9072 14
14 PARK PLAZA RD
BOZEMAN, MT 59715 LUEM, CARL D & EDHOLM KARLI M 14 PARK PLAZA RD BOZEMAN MT 59715-9343 11,692.73 390.85 390.85
LEGAL DESCRIPTION OF PROPERTY OWNER ADDRESS
193
PROP
COUNT
ASSESSMENT
CODE OWNER NAME
Total Assessment
Amount
November Semi-
Annual
Payment
May Semi-
Annual
PaymentLEGAL DESCRIPTION OF PROPERTY OWNER ADDRESS
24 RFG8199 50
50 RIVERSIDE DR
BOZEMAN, MT 59715 BANDED PROPERTIES LLC 901 W 1600 N WEST BOUNTIFUL UT 84087 11,692.73 390.85 390.85
25 RFG8202 49
49 RIVERSIDE DR
BOZEMAN, MT 59715
DENMAN, THOMAS D & DIXIE LYNN
TRUSTEES 49 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
26 RFG9715 48
48 RIVERSIDE DR
BOZEMAN, MT 59715 MURPHY III, HARRY A & REBECCA C 48 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
27 RFG8725 47
47 RIVERSIDE DR
BOZEMAN, MT 59715 BERTELSEN, DARYL E 47 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
28 RFG8382 46
46 RIVERSIDE DR
BOZEMAN, MT 59715 HOLLERN, ROBERT & PAULINE 46 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
29 RFG7101 45
45 RIVERSIDE DR
BOZEMAN, MT 59715 MARSHALL PRYDE, DEBBIE S 45 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
30 RFG9058 44
44 RIVERSIDE DR
BOZEMAN, MT 59715 MERRILL, CARYLE S 44 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
31 RFG9438 4-A
104 GALLATIN DR
BOZEMAN, MT 59715 FRASER, KYLE & WHITNEY 104 GALLATIN DR APT A BOZEMAN MT 59718-9385 11,692.73 390.85 390.85
32 RFG10062 4-B
104 GALLATIN DR, UNIT B
BOZEMAN, MT 59715 GRINAGER, STEVE LEE & ANNA MARIE 104 GALLATIN DR APT B BOZEMAN MT 59718-9385 11,692.73 390.85 390.85
33 RFG9096 102D1
102D GALLATIN DR
BOZEMAN, MT 59715
DEHAAN, DAVID A & DEBRA ANN
TRUSTEES 102 GALLATIN DR APT D BOZEMAN MT 59718-9389 11,692.73 390.85 390.85
34 RFG9095 102C1
102C GALLATIN DR
BOZEMAN, MT 59715
HOELL, GREGORY P & AUGUSTINE SHERI
CAPLAN 102 GALLATIN DR APT C BOZEMAN MT 59718-9389 11,692.73 390.85 390.85
35 RFG9094 102B1
102B GALLATIN DR
BOZEMAN, MT 59715
RENO, REBECCA RUTH & BREUNIG, KURT
ANTHONY PO BOX 22209 BILLINGS MT 59104-2209 11,692.73 390.85 390.85
36 RFG9093 102A1
102A GALLATIN DR
BOZEMAN, MT 59715 MUSFELDT, LINDA G TRUSTEE 50 3RD AVE S APT 802 JACKSONVILLE BEACH FL 32250-6780 11,692.73 390.85 390.85
37 RFG10065 101D
101D GALLATIN DR
BOZEMAN, MT 59715 CAMERON, TRACY ALLEN & JENNY LYNN 101D GALLATIN DR BOZEMAN MT 59718-9388 11,692.73 390.85 390.85
38 RFG8955 101C
101C GALLATIN DR
BOZEMAN, MT 59715 KENT, CLAUDIA 101 GALLATIN DR APT C BOZEMAN MT 59718-9388 11,692.73 390.85 390.85
39 RFG9092 101B
101B GALLATIN DR
BOZEMAN, MT 59715 DARK HORSE PROPERTIES LLC 8652 S 19TH AVE BOZEMAN MT 59718-4156 11,692.73 390.85 390.85
40 RFG10110 101A
101A GALLATIN DR
BOZEMAN, MT 59715 JOHNSON, LEAH BRAUN 101 GALLATIN DR APT A BOZEMAN MT 59718-9388 11,692.73 390.85 390.85
41 RFG8508 10A
10A GALLATIN DR
BOZEMAN, MT 59715 BRITT, EMILY KATHERINE 1395 W CAMERON BRIDGE RD BOZEMAN MT 59718-8849 11,692.73 390.85 390.85
42 RFG8203 10B
10B GALLATIN DR
BOZEMAN, MT 59715 BURNOR, DEBRA J & SMITH MICHAEL A PO BOX 62 LAKE ELMORE VT 05657-0062 11,692.73 390.85 390.85
43 RFG7214 10C
10C GALLATIN DR
BOZEMAN, MT 59715 WILSHIRE FAMILY 1987 SURVIVORS TRUST 10 SHILAND ST HELENA MT 59601 11,692.73 390.85 390.85
44 RFG6802 10D
10D GALLATIN DR
BOZEMAN, MT 59715 BUCK, TRAVIS & AMBER 214 SHEPHERD TRL UNIT A BOZEMAN MT 59718-5993 11,692.73 390.85 390.85
45 RFG7926 11A
11A GALLATIN DR
BOZEMAN, MT 59715 KILLHAM, SUSAN E TRUSTEE 358 MIDDLE COTTONWOOD LN BOZEMAN MT 59715-9432 11,692.73 390.85 390.85
46 RFG9144 11B
11B GALLATIN DR
BOZEMAN, MT 59715 DARK HORSE PROPERTIES LLC 8652 S 19TH AVE BOZEMAN MT 59718 11,692.73 390.85 390.85
47 RFG9920 11C
11C GALLATIN DR
BOZEMAN, MT 59715 MACVEAN, MARIA 11 GALLATIN DR APT C BOZEMAN MT 59718-1508 11,692.73 390.85 390.85
194
PROP
COUNT
ASSESSMENT
CODE OWNER NAME
Total Assessment
Amount
November Semi-
Annual
Payment
May Semi-
Annual
PaymentLEGAL DESCRIPTION OF PROPERTY OWNER ADDRESS
48 RFG7586 11D
11D GALLATIN DR
BOZEMAN, MT 59715 CAIN, STEPHANIE 11 GALLATIN DR APT D BOZEMAN MT 59718-1508 11,692.73 390.85 390.85
49 RFG9102 105A1
105A GALLATIN DR
BOZEMAN, MT 59715
WARD, MICHAEL S & LINDA B REV LIV TR
AGR 4747 HEAVENLY LN BOZEMAN MT 59715-8774 11,692.73 390.85 390.85
50 RFG9103 105B1
105B GALLATIN DR
BOZEMAN, MT 59715
LIGHTNER, DEBORAH K & THOMAS A
TRUSTEES 33160 N 71ST ST SCOTTSDALE AZ 85266-7189 11,692.73 390.85 390.85
51 RFG9105 105D&105C1
0105C GALLATIN DR
BOZEMAN, MT 59715 WARD, MICHAEL S & LINDA B 4747 HEAVENLY LN BOZEMAN MT 59715-8774 11,692.73 390.85 390.85
52 RFG9106 105E1
105E GALLATIN DR
BOZEMAN, MT 59715 SHEA, THOMAS J & PATRICIA L 105 GALLATIN DR BOZEMAN MT 59718-9327 11,692.73 390.85 390.85
53 RFG9107 105F1
105F GALLATIN DR
BOZEMAN, MT 59715 NEAL, TONI A 105 GALLATIN DR APT F BOZEMAN MT 59718-9386 11,692.73 390.85 390.85
54 RFG9656 blk2, lot 17
17 RIVERSIDE DR
BOZEMAN, MT 59715
GAINES, GENE FRANKLIN TRUSTEE &
SMITH-GAINES CATHERINE ELIZABETH
TRUSTEE 17 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
55 RFG8919 blk2, lot 18
18 RIVERSIDE DR
BOZEMAN, MT 59715
THURLBY, MICHAEL JAMES & CATHERINE
AMANDA 18 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
56 RFG7882 blk2, lot 19
19 RIVERSIDE DR
BOZEMAN, MT 59715 KING JR, CHARLES H & KAREN H 1223 SAILFISH ST HITCHCOCK TX 77563-2716 11,692.73 390.85 390.85
57 RFG7087 blk2, lot 20
20 RIVERSIDE DR
BOZEMAN, MT 59715 MONAHAN, RICHARD C & BARBARA L PO BOX 7328 BOZEMAN MT 59771-7328 11,692.73 390.85 390.85
58 RFG6778 blk2, lot 21
21 RIVERSIDE DR
BOZEMAN, MT 59715
KAMP, MARY MILKOVICH & COLLUM,
DICK 21 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
59 RFG7822 blk2, lot 22
22 RIVERSIDE DR
BOZEMAN, MT 59715 BING, MICHAEL P 3530 N 15TH ST COEUR D'ALENE ID 83815 11,692.73 390.85 390.85
60 RFG8425 blk2, lot 23
23 RIVERSIDE DR
BOZEMAN, MT 59715 LEIGLAND, ROBERT & SUSAN TRUSTEE 23 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
61 RFG7086 blk2, lot 24
24 RIVERSIDE DR
BOZEMAN, MT 59715 LIVESAY, TREVOR J TRUSTEE 24 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
62 RFG8201 blk2, lot 25
25 RIVERSIDE DR
BOZEMAN, MT 59715 FREY, RICHARD MALCOM & VICTORIA 25 RIVERSIDE DR BOZEMAN MT 59715 11,692.73 390.85 390.85
63 RFG9571 blk2, lot 26
26 RIVERSIDE DR
BOZEMAN, MT 59715 SEYMOUR, DARRYL S & KELLY L TRUSTEES 26 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
64 RFG9069 blk2, lot 27
27 RIVERSIDE DR
BOZEMAN, MT 59715 HARRIS, LEONARD JOHN & LISBETH A PO BOX 11341 BOZEMAN MT 59719-1341 11,692.73 390.85 390.85
64 RFG8308 blk2, lot 28
28 RIVERSIDE DR
BOZEMAN, MT 59715 DAWS, BRAD W & VIRGINIA K PO BOX 1799 BOZEMAN MT 59771-1799 11,692.73 390.85 390.85
66 RFG7753 blk2, lot 29
29 RIVERSIDE DR
BOZEMAN, MT 59715 JOZOVICH, JOYCE 29 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
67 RFG7721 blk2, lot 30
30 RIVERSIDE DR
BOZEMAN, MT 59715 OSTERMAN, BARBARA J 31 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
68 RFG8886 blk2, lot 31
31 RIVERSIDE DR
BOZEMAN, MT 59715 OSTERMAN, BARBARA J 31 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
69 RFG6772 blk2, lot 32
32 RIVERSIDE DR
BOZEMAN, MT 59715 KLARE, RUSSELL 32 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
70 RFG7224 blk2, lot 33
33 RIVERSIDE DR
BOZEMAN, MT 59715 CETRARO, ANDREW L 33 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
195
PROP
COUNT
ASSESSMENT
CODE OWNER NAME
Total Assessment
Amount
November Semi-
Annual
Payment
May Semi-
Annual
PaymentLEGAL DESCRIPTION OF PROPERTY OWNER ADDRESS
71 RFG9061 blk2, lot 34
34 RIVERSIDE DR
BOZEMAN, MT 59715 REEVES, COURTNEY O DELL 34 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
72 RFG7749 blk2, lot 35
35 RIVERSIDE DR
BOZEMAN, MT 59715 NIELSEN, ROXANNE K REVOCABLE TRUST 50 HACIENDA CIR ORINDA CA 94563-1735 11,692.73 390.85 390.85
73 RFG7748 blk2, lot 36
36 RIVERSIDE DR
BOZEMAN, MT 59715 THOMPSON LEE TRUSTEE 36 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
74 RFG9970 blk2, lot 37
37 RIVERSIDE DR
BOZEMAN, MT 59715 MARCHI, ANTHONY J & RUTH ANN 37 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
75 RFG9570 blk2, lot 38
38 RIVERSIDE DR
BOZEMAN, MT 59715 NOREM, KERRY 38 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
76 RFG8961 blk2, lot 15
15 RIVERSIDE DR
BOZEMAN, MT 59715 HENSLEE ISAAC, KIERSTEN TRUSTEE &15 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
77 RFG8195 blk2, lot 16
16 RIVERSIDE DR
BOZEMAN, MT 59715 BASYE, JASON & SHERRIE L KITTO 16 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
78 RFG9945 blk2, lot 43
43 RIVERSIDE DR
BOZEMAN, MT 59715 JENKINS, LAURETTE L & PALMER L PO BOX 418 MOOSE WY 83012-0418 11,692.73 390.85 390.85
79 RFG8229 blk2, lot 42
42 RIVERSIDE DR
BOZEMAN, MT 59715 BAILES, GLENN M & DIANE S 42 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
80 RFG7544 blk2, lot 41
41 RIVERSIDE DR
BOZEMAN, MT 59715 GOLDWARG, ERIC K & RIDGWAY, EMILY B 41 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
81 RFG8146 blk2, lot 40
40 RIVERSIDE DR
BOZEMAN, MT 59715 WENGER, JAMES M & LYNDA K 40 RIVERSIDE DR BOZEMAN MT 59715-9345 11,692.73 390.85 390.85
82 RFG6717 blk2, lot 39
39 RIVERSIDE DR
BOZEMAN, MT 59715 LACKEY, JOHN T REV LIV TRUST 1795 HOOKER OAK AVE CHICO CA 95926-1736 11,692.73 390.85 390.85
83 RFG7864 1B
1A GALLATIN DR
BOZEMAN, MT 59715 MILLS, GEORGE R & COLLEEN A 1 GALLATIN DR UNIT A BOZEMAN MT 59718-1517 11,692.73 390.85 390.85
84 RFG6715 1A
1B GALLATIN DR
BOZEMAN, MT 59715
SATCHELL, DANNY D & CATHERINE A
TRUSTEES 1 GALLATIN DR UNIT B BOZEMAN MT 59718-1517 11,692.73 390.85 390.85
85 RFG9073 2A1
2A GALLATIN DR
BOZEMAN, MT 59715 PETERSON, JOHN E & SYDNEY S 2 GALLATIN DR APT A BOZEMAN MT 59718-1515 11,692.73 390.85 390.85
86 RFG9074 2B1
2B GALLATIN DR
BOZEMAN, MT 59715 RICHARDSON, SALLY 2 GALLATIN DR APT B BOZEMAN MT 59718-1515 11,692.73 390.85 390.85
87 RFG9075 2C1
2C GALLATIN DR
BOZEMAN, MT 59715 PERLINSKI, JAMEY P & KYLIE S 2 GALLATIN DR APT C BOZEMAN MT 59718-1515 11,692.73 390.85 390.85
88 RFG9077 3A2
3A GALLATIN DR
BOZEMAN, MT 59715 THOMPSON, PATRICIA SUE 3 GALLATIN DR APT A BOZEMAN MT 59718-1506 11,692.73 390.85 390.85
89 RFG9078 3B1
3B GALLATIN DR
BOZEMAN, MT 59715 WRIGHT, ALEXANDRA R 3 GALLATIN DR APT B BOZEMAN MT 59718 11,692.73 390.85 390.85
90 RFG9079 3C1
3C GALLATIN DR
BOZEMAN, MT 59715 ANDREWS, GARY N & SUSAN P 3 GALLATIN DR APT C BOZEMAN MT 59718 11,692.73 390.85 390.85
91 RFG9080 5A1
5A GALLATIN DR
BOZEMAN, MT 59715 SWANK, JERRY 4101 COCHRAN CHAPEL RD DALLAS TX 75209-1503 11,692.73 390.85 390.85
92 RFG9081 5B1
5B GALLATIN DR
BOZEMAN, MT 59715 RIVENES, JAMES S & NOEL S 9056 FIELDCREST COURT DALLAS TX 75238 11,692.73 390.85 390.85
93 RFG9082 5C1
5C GALLATIN DR
BOZEMAN, MT 59715
KAUFFMAN FAM TR AGR CREATED
UNDER SUR TR 5 GALLATIN DR APT C BOZEMAN MT 59718-1503 11,692.73 390.85 390.85
94 RFG9083 5D1
5D GALLATIN DR
BOZEMAN, MT 59715 AMENDE, JANICE S 5 GALLATIN DR APT D BOZEMAN MT 59718-1503 11,692.73 390.85 390.85
196
PROP
COUNT
ASSESSMENT
CODE OWNER NAME
Total Assessment
Amount
November Semi-
Annual
Payment
May Semi-
Annual
PaymentLEGAL DESCRIPTION OF PROPERTY OWNER ADDRESS
95 RFG9084 7A1
7A GALLATIN DR
BOZEMAN, MT 59715 SCHLAUCH, MICHAEL K & TRACY J 7 GALLATIN DR APT A BOZEMAN MT 59718-1502 11,692.73 390.85 390.85
96 RFG9085 7B1
7B GALLATIN DR
BOZEMAN, MT 59715 YAUK, PHILIP J & REBECCA L 7 GALLATIN DR APT B BOZEMAN MT 59718-1502 11,692.73 390.85 390.85
97 RFG9086 7C1
7C GALLATIN DR
BOZEMAN, MT 59715 SIKOSKI, JACQUELINE J 7 GALLATIN DRIVE UNIT C BOZEMAN MT 59718 11,692.73 390.85 390.85
98 RFG9087 7D1
7D GALLATIN DR
BOZEMAN, MT 59715
BUTLER FAM TR CREATED UDA BUTLER
LIV TR 245 RAMONA PL CAMARILLO CA 93010-8406 11,692.73 390.85 390.85
99 RFG9088 8A1
8A GALLATIN DR
BOZEMAN, MT 59715 THORNING, MARGARET AMELIA 8 GALLATIN DR UNIT A BOZEMAN MT 59718 11,692.73 390.85 390.85
100 RFG9089 8B1
8B GALLATIN DR
BOZEMAN, MT 59715 MATTERN, LAUREN E 8 GALLATIN DR APT B BOZEMAN MT 59718-1504 11,692.73 390.85 390.85
101 RFG9090 8C1
8C GALLATIN DR
BOZEMAN, MT 59715 VINES, ROBERT & CATHERINE 29112 N 67TH ST CAVE CREEK AZ 85331-6513 11,692.73 390.85 390.85
102 RFG9091 8D1
8D GALLATIN DR
BOZEMAN, MT 59715 KENT, HELEN E 8 GALLATIN DR APT D BOZEMAN MT 59718-1504 11,692.73 390.85 390.85
103 RFG9109 107A1
107A GALLATIN DR
BOZEMAN, MT 59715 POLETTE, LUELLA 107 GALLATIN DR APT A BOZEMAN MT 59718-9326 11,692.73 390.85 390.85
104 RFG9110 107B1
107B GALLATIN DR
BOZEMAN, MT 59715 HARRIS, HEATHER SUE 155 SNOWY RIVER PL CLARKESVILLE GA 30523-2359 11,692.73 390.85 390.85
105 RFG9111 107C1
107C GALLATIN DR
BOZEMAN, MT 59715 GASKILL, DAVID KELLEY & MARY JEAN 107 GALLATIN DR APT C BOZEMAN MT 59718-9326 11,692.73 390.85 390.85
106 RFG9540 109A
109A GALLATIN DR
BOZEMAN, MT 59715 CLARK, DENNIS 109 GALLATIN DR APT A BOZEMAN MT 59718-9382 11,692.73 390.85 390.85
107 RFG7352 109B
109B GALLATIN DR
BOZEMAN, MT 59715 CLARK, ELEANOR WILLIAMS 1123 PINNACLE STAR ST BOZEMAN MT 59715 11,692.73 390.85 390.85
108 RFG8198 109C
109C GALLATIN DR
BOZEMAN, MT 59715
ANDERSON, HUNTER M & ELLIOTT J
TRUSTEES 109 GALLATIN DR APT C BOZEMAN MT 59718-9382 11,692.73 390.85 390.85
109 RFG8454 109D
109D GALLATIN DR
BOZEMAN, MT 59715 109 GALLATIN LLC 34 MARIE CT BOZEMAN MT 59718-6618 11,692.73 390.85 390.85
110 RFG8631 1
110A GALLATIN DR
BOZEMAN, MT 59715
RYBKA, ROBERT W & ROSEMARY LYN
HERVEY 17298 N 77TH ST SCOTTSDALE AZ 85255-5826 11,692.73 390.85 390.85
111 RFG7681 2
110B GALLATIN DR
BOZEMAN, MT 59715 LOBAUGH, LESLIE L & MARILEE G 1125 SANDPIPE CIRCLE TITUSVILLE FL 32796 11,692.73 390.85 390.85
112 RFG8159 3
110C GALLATIN DR
BOZEMAN, MT 59715 LOCKART, CYNTHIA & OMAN TED 110 GALLATIN DR APT C BOZEMAN MT 59718-9398 11,692.73 390.85 390.85
113 RFG8577 4
110D GALLATIN DR
BOZEMAN, MT 59715
MESSMER, JOAN H & DYK TERRY l &
BENFICIARIES 110 GALLATIN DR APT D BOZEMAN MT 59718-9398 11,692.73 390.85 390.85
114 RFG9112 121A1
111A GALLATIN DR
BOZEMAN, MT 59715 MARSHALL PRYDE, SHAUN 8652 S 19TH AVE BOZEMAN MT 59718-4156 11,692.73 390.85 390.85
115 RFG9113 121B1
111B GALLATIN DR
BOZEMAN, MT 59715 SHAW, WILLIAM C & PENNY J 111 GALLATIN DR APT B BOZEMAN MT 59718-9399 11,692.73 390.85 390.85
116 RFG9114 121C1
111C GALLATIN DR
BOZEMAN, MT 59715 JEPSON, EDWARD B 111 GALLATIN DR APT C BOZEMAN MT 59718-9399 11,692.73 390.85 390.85
117 RFG9115 121D1A
111D GALLATIN DR
BOZEMAN, MT 59715
BULGER, JAMES CHRISTOPHER & BULGER
MARY ANN 111 GALLATIN DR APT D BOZEMAN MT 59718-9399 11,692.73 390.85 390.85
118 RFG9116 113A1
113A GALLATIN DR
BOZEMAN, MT 59715 WILLCOX, LINDA L 113 GALLATIN DR APT A BOZEMAN MT 59718-8750 11,692.73 390.85 390.85
197
PROP
COUNT
ASSESSMENT
CODE OWNER NAME
Total Assessment
Amount
November Semi-
Annual
Payment
May Semi-
Annual
PaymentLEGAL DESCRIPTION OF PROPERTY OWNER ADDRESS
119 RFG9117 113B1
113B GALLATIN DR
BOZEMAN, MT 59715
SISSON, GARY ALLEN & CAROLE JEAN
MCDONALD 113 GALLATIN DR APT B BOZEMAN MT 59718-8750 11,692.73 390.85 390.85
120 RFG9118 113C1
113C GALLATIN DR
BOZEMAN, MT 59715
STABRYLLA, GREGORY & CORTRIGHT,
JOANNE 113 GALLATIN DR APT C BOZEMAN MT 59718-8750 11,692.73 390.85 390.85
121 RFG9119 113D1
113D GALLATIN DR
BOZEMAN, MT 59715 ERICKSON, DENNIS & JACOLYN 113 GALLATIN DR APT D BOZEMAN MT 59718-8750 11,692.73 390.85 390.85
122 RFG22263 114A1
114A GALLATIN DR
BOZEMAN, MT 59715 BYBEE, DAVID E & COOMBS POLLY A 114A GALLATIN DR BOZEMAN MT 59718-9330 11,692.73 390.85 390.85
123 RFG9097 114B1
114B GALLATIN DR
BOZEMAN, MT 59715 BLANKENBAKER, RICHARD S & SUE P 114 GALLATIN DR APT B BOZEMAN MT 59718-9330 11,692.73 390.85 390.85
124 RFG9098 114C1
114C GALLATIN DR
BOZEMAN, MT 59715 ZELL, MICHAEL P & BONNIE M 114 GALLATIN DR APT C BOZEMAN MT 59718-9330 11,692.73 390.85 390.85
125 RFG9099 116A1
116A GALLATIN DR
BOZEMAN, MT 59715
SATHER, THOMAS C & JACQUELINE J &
SATHER BREET & EMILY 116 GALLATIN DR APT A BOZEMAN MT 59718-9313 11,692.73 390.85 390.85
126 RFG9100 116B1
116B GALLATIN DR
BOZEMAN, MT 59715 MCGRATH, STEPHEN T & STEPHANIE 116 GALLATIN DR APT B BOZEMAN MT 59718-9313 11,692.73 390.85 390.85
127 RFG9101 116C1
116C GALLATIN DR
BOZEMAN, MT 59715 COPELAND, MICHAEL D & SUSAN 116 GALLATIN DR APT C BOZEMAN MT 59718-9313 11,692.73 390.85 390.85
128 RFG7713 COS 3030 Tract 1
2500 SPRINGHILL RD BOZEMAN,
MT 59715 RIVERSIDE COUNTRY CLUB INC 2500 SPRINGHILL RD BOZEMAN MT 59718-8466 140,312.79 4,690.25 4,690.25
129 RFG9063 COS 674 2315 SPRINGHILL RD BOZEMAN, MT 59715 RIVERSIDE COUNTRY CLUB INC 2500 SPRINGHILL RD BOZEMAN MT 59718-8466 11,692.73 390.85 390.85
130 RFG83995 COS 3030 Tract 2 32 FLY FISHER RUN BOZEMAN, MT 59715 RIVERSIDE COUNTRY CLUB INC 2500 SPRINGHILL RD BOZEMAN MT 59718-8466 11,692.73 390.85 390.85
131 RFG83996 COS 3030 Tract 3 2736 SPRINGHILL RD BOZEMAN MT 59715 RIVERSIDE COUNTRY CLUB INC 2500 SPRINGHILL RD BOZEMAN MT 59718-8466 11,692.73 390.85 390.85
$1,660,368.00
1 Special assessments will be payable in semiannual installments of principal and interest over a term of 20 years. Special assessments are delinquent if not paid by November 30 and May 31 of each year in which the special assessments are levied. It is expected that the first date on which special
assessments will be due is November 30, 2026.
198
Memorandum
REPORT TO:City Commission
FROM:Mayor Joey Morrison
SUBJECT:Mayoral Proclamation of Fire Prevention Week 2026
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Charge into Fire Safety by proclaiming Fire Prevention Week 2026
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The theme of Fire Prevention Week 2026 is "Charge into Fire Safety." The
goal is to bring attention to safe and proper charging of devices of all sorts,
through safety education, community outreach and prevention thereby
lessening the chances of charging devices causing fires.
UNRESOLVED ISSUES:none
ALTERNATIVES:none
FISCAL EFFECTS:none
Attachments:
Proclamation of Fire Prevention Week 2026.pdf
Report compiled on: September 23, 2026
199
Proclamation of Fire Prevention Week 2026
WHEREAS, Bozeman is committed to ensuring the safety and security of all those living in and visiting
Bozeman; and
WHEREAS, fire remains a serious public safety concern both locally and nationally, and the presence of
lithium-ion batteries in many household devices introduces fire risks; and
WHEREAS, most of the rechargeable electronics used in homes daily, including smartphones, tablets,
laptops, power tools, e-bikes, e-scooters, and toys, are powered by lithium-ion batteries, which if
misused, damaged, or improperly charged, can overheat, start a fire, or explode; and
WHEREAS, the National Fire Protection Association® (NFPA®) reports an increase in battery-related fires,
underscoring the need for public education on the safe use of lithium-ion batteries and devices; and
WHEREAS, the way lithium-ion battery devices are charged can make a difference in helping prevent
home fires; and
WHEREAS, safe charging includes using the cord and charger that came with your device or one
approved by the manufacturer, charging on a hard, flat surface, watching for warning signs like devices
that are very hot or start to swell, unplugging when fully charged, and charging larger devices like e-
bikes outside and away from exits; and
WHEREAS, residents are encouraged to understand that safe charging means making smart choices
every time they plug in; and
WHEREAS, Bozeman first responders remain dedicated to reducing the occurrence of fires through
prevention, safety education, and community outreach; and
WHEREAS, the 2026 Fire Prevention Week™ theme, “Charge into Fire Safety™: Safe Charging Is a
Superpower,” serves to remind all residents that safe charging can help reduce the risk of fires in homes
and communities;
NOW, THEREFORE, I, Joey Morrison, Mayor of Bozeman, do hereby proclaim October 4–10, 2026, as Fire
Prevention Week throughout Bozeman, and urge all residents to learn about and practice safe charging
habits.
_________________________________
Joey Morrison
Mayor
Bozeman, Montana
200
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Coordinator
Brit Fontenot, Economic Development Director
SUBJECT:70th Session of the Montana State Legislature Special Presentation
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:The special presentation is an opportunity to learn about the upcoming
legislative session. Questions are encouraged.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The 70th Session of the Montana State Legislature convenes in January
2027. The citizen-led legislature meets on a biannual schedule for 90 days of
legislative business, generally from January to April.
City staff works with a contract lobbyist in Helena. Central House Strategies
was selected through a competitive RFP process to assist with legislative
services in the interim and during session. Staff has established a framework
to prioritize resources on bills that will impact city operations and service
delivery. As there is no formal legislative program at the City of Bozeman,
staff focuses on how introduced bills impact day-to-day operations and
service delivery. This framework allows staff to organize a response to bills
without having to predict what specific bills may be introduced.
Throughout the session, city staff from relevant departments reviews bills
available via a bill tracking software. The software asks staff to explain what
the bill will do if passed and to prioritize the bill on a scale from 1-5.
Prioritization is as follows:
Impacts on Existing City Operations: The bills in this category, if passed, may
have a negative impact on our ability to continue to provide services to the
community. These are the highest priority bills. If necessary, we will provide
testimony, ask staff to pull related data, and ask our partners to help amplify
our concerns. Our lobbyist will also prioritize these bills/issues in discussions
with legislators. The legislative core team will consist of staff members, the
subject matter experts, from departments that fall within this category.
Impacts on Adopted City Plans: The bills in this category may inhibit staff’s
201
ability to carry out actions in adopted City Plans. They are the next highest
priority. We may ask the lobbyist to testify on our behalf if staff does not
have the time. We may provide written public comments. We rely heavily on
our partners to carry the message.
Benefits Existing Operations: Bills in this category would either provide
funding opportunities for an existing city operation, assist in furthering a city
goal, or provide community benefit through a community partner. We may
ask the lobbyist to give a “me too” on behalf of Bozeman if Central House
(CHS) are already in hearings on these bills.
Each week during the session, the legislative core team meets to discuss
upcoming bill hearings and strategy. At the end of the week, a list of bills
staff reviewed is published on the city website along with any staff
testimony provided during that week.
Based on previous sessions, the interim session, and regular partner
engagement staff anticipates a considerable amount of bills will fall into four
categories:
1. Local Control: Local governments are closest to the communities they
serve and are best positioned to understand local conditions and priorities.
Preserving local decision-making authority allows cities to respond
effectively to community needs, implement adopted plans, and remain
accountable to residents. Bills in this category are generally related to land-
use decision making. Examples include legislation that impacts land-use
planning requirements, zoning, jurisdiction and maintenance responsibility
of local transportation infrastructure.
2. Property Taxes: A stable and equitable municipal finance system is
essential for providing core services while limiting the burden on taxpayers.
Changes to property taxes, revenue tools, and financing authority can
directly affect a city’s ability to maintain services, plan responsibly, and
respond to growth. Bills in this category include those related to property
tax relief and tax rates applied to various classes of property, changes to
methods used to quantify and report newly taxable properties, user fees and
assessments for city services, and alternate revenue streams for local
governments such as local option taxes.
3. Infrastructure: Reliable infrastructure supports public health, economic
development, environmental stewardship, and community quality of life.
Local governments need adequate authority and resources to plan,
construct, operate, and maintain water and wastewater systems,
transportation networks, parks, and other essential infrastructure. Bills in
this category are related to tax increment financing, municipal water rights,
water quality regulations, and the water, sewer, streets needed to support
affordable housing.
202
4. Public Safety: Public safety is a fundamental responsibility of local
government. Cities need effective policies, adequate funding, and
appropriate legal authority to provide the appropriate fire and emergency
response, address behavioral health needs, protect public facilities and
information systems, and ensure the public, streets, buildings and
neighborhoods remain safe for everyone. Bills in this category are related to
building codes, fire, and police. Example legislation includes bills related to
traffic enforcement, interlocal coordination and communications for EMS,
fire, and police response, and sustainable funding needed to support reliable
public safety systems.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the Commission.
FISCAL EFFECTS:None.
Attachments:
Guide to Montana Legislature.pdf
Report compiled on: September 23, 2026
203
Published by
Montana Legislative Services Division
January 2019 • Helena, MT
A G U I D E TO THE
MONTANALEGISLATURE
204
“Democracy cannot succeed unless those who express their choice are prepared to choose wisely. The real safeguard of democracy, therefore, is education.” ~Franklin D. Roosevelt
Published in January 2019
by the Montana Legislative Services Division
PO Box 201706
Helena, MT 59620-1706
This public document is free to Montana citizens and is not for reproduction
for resale or profit. Alternative accessible formats are available by contacting
the Montana Legislative Communications Office at (406) 444-3067 or
leginfo@mt.gov.
Or visit the Montana Legislature website at leg.mt.gov.
205
Contents
The Montana Legislature: What’s It to Me? . . . . . . . . . . . . . . .5
Structure and Organization . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Three Branches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Two Chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
150 Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
90 Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
A Legislator’s Job . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Between Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Salary and Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
How an Idea Becomes a Bill . . . . . . . . . . . . . . . . . . . . . . . . . .14
Finding Ideas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Drafting and Introducing Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
How a Bill Becomes a Law . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Floor Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
The Governor’s Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
How You Can Get Involved . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Contact Your Legislator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Testify at a Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
Visit the Capitol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
Become a Legislative Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
Highlights from Legislative History . . . . . . . . . . . . . . . . . . . .26
Glossary of Legislative Terms . . . . . . . . . . . . . . . . . . . . . . . . .34
206
4
A visit to the halls of the Montana Capitol in Helena is a great way to learn more about
state government and how it functions. In 1999-2000, the Capitol was restored to its original appearance, undoing decades of uninspired remodeling. It’s an impressive sight!
207
55
The Montana Legislature: What’s It to Me?
Maybe you’re wondering: Why do I care about the Montana Legislature? It has nothing to do with my life, right?
Well, have you ever asked yourself these questions:
What do I have to do to get a driver’s license?
Does my pet have to have a rabies shot?
Can I fish from the banks of any stream or river?
The answers to all of these questions are determined by law, and laws
are what the Montana Legislature exists to create.
So, the Montana Legislature is not some obscure and meaningless organization. It makes decisions that affect every Montanan every day — and that includes you. That’s why it’s important to understand how the Legislature works and how you, as a citizen, can influence what it
does.
Who knows, maybe you’ll even decide one day to serve as a legislator yourself! The Montana Legislature is a citizen legislature. Its members are ordinary citizens — like you — who are elected to serve the public part-time in addition to their regular jobs.
At the very least, you can help to elect the people who serve in the
Legislature. All citizens, after they turn 18, have the right to vote for whomever they choose to represent them. In our system of
Terms displayed in bold type in this guide are
defined in the Glossary of LegislativeTerms on page 34.
208
6
government, called a “representative democracy,” the majority makes
the decisions but the rights of the minority are protected by law.
Because we may tend to spend time with people who think like we do, it’s easy to forget that we don’t all think alike. It’s the job of the Legislature to help find common ground among different opinions and ideas. It’s aslo the job of the Legislature to pass laws that benefit the
largest number of people possible.
FOOD FOR THOUGHT: What is a “representative democracy”? Do you vote? Why or why not? What would Montana be like if the state had no laws?
209
7
DID YOU KNOW? Since statehood,
Montanans have elected
at least three legislators
younger than age 20.
Structure and Organization
Three Branches
Montana — like all states — models its state government after the federal government. It has three parts:
1. Executive Branch, headed by the U.S. President at the federal level
and the Governor of Montana at the state level;
2. Judicial Branch, which encompasses the court system; and
3. Legislative Branch, which is the U.S. Congress at the federal level and the Montana Legislature at the state level.
This system was designed by the
nation’s founders to have checks and
balances.
Each branch has specific powers. Each also has specific limits on its powers.
For example, the Legislative Branch
is responsible for making laws. The
Executive Branch enforces and carries out those laws. The Judicial Branch interprets the laws and settles any
differences of opinion about what they
mean and how they should be applied.
Even if the Legislature passes a law, the Governor can veto it. The Legislature can override the veto with a two-thirds vote. The Governor and the Legislature may agree on a law, but the courts may find that
the violates the Montana or U.S. Constitution.
These checks and balances are meant to ensure that no single branch
ever gains too much power.
210
8
Two Chambers
The Montana Legislature is a bicameral legislature. That means
it has two chambers: the Senate
and the House of Representatives.
Each meets in a separate chamber to consider bills, or proposed laws. Every bill that becomes law must
first be approved by both chambers.
The Senate and the House are
each responsible for organizing and establishing rules for their respective chambers. At the
beginning of each legislative
session, the members from each
political party in each chamber have a meeting, or caucus, to elect officers.
The political party with the most
elected members is considered the majority party. The second-largest
party is the minority party. Sometimes legislators are elected to represent other, smaller parties. If no one party has a majority, the party to which the Governor belongs becomes the majority party.
In the Senate, the majority caucus elects a President of the Senate to
preside over proceedings and the order of business. House members
elect a Speaker of the House to do the same in that chamber.
Other legislative leaders are:
• President pro tempore (or president pro tem): A senator who
presides over the proceedings of the Senate when the president is
absent.
• Speaker pro tempore: A member of the House selected to preside
over House proceedings when the speaker is absent.
• Majority leader: The leader of the party that has the most
members in a legislative chamber.
• Minority leader: The leader of the party that has the second-
largest number of members in a legislative chamber.
• Majority whip: A legislator selected by the majority party to help the majority leader and to make sure party members are present
for important votes.
• Minority whip: A legislator selected by the minority party to help
the minority leader and to make sure party members are present
for important votes.
DID YOU KNOW?
Nebraska is the only
state in the nation with
a unicameral (single
chamber)legislature.
Its members are called
senators.
With 49 members,
Nebraska’s is the smallest
sized state legislature. The
largest is New Hampshire’s
with 424 members.
211
9
Each chamber also has a Sergeant at Arms who is appointed to keep
order in the chamber. The sergeant is not a member of the Legislature
but is part of the legislative staff. Other key staff members are the Secretary of the Senate and the Chief Clerk of the House.
150 Members
The Montana Senate has 50 members, and the House of
Representatives has 100. But that hasn’t always been the case.
The first state Legislature met shortly after Montana joined the Union in 1889. It had 45 House members and 16 senators. The size of
the Senate reached its peak from 1925 to 1965, when there were 56
members. The House was largest from 1967 to 1971, when it had 104
members.
In 1972, Montana voters adopted a new state constitution. It set the size of the Senate at 40 to 50 members and the House at 80 to 100. Ever
since, the Legislature has had 150 members.
To ensure that every Montanan is equally represented in the
Legislature, the state is divided into new geographical House and Senate districts every 10 years after the U.S. census is completed. This process is called redistricting. Each district must have about the same
population. Each Montanan is represented by one senator and one
representative. Senate districts are made up of two adjoining House
districts.
A county with a small population may share House and Senate districts with other counties. Counties with large populations may contain
several districts within their boundaries.
One senator is elected from each of 50 Montana Senate districts to
serve a 4-year term. Half of the Senate members are elected every 2 years.
House members are elected to 2-year terms. Each one represents one
of Montana’s 100 House districts.
In 1992, Montanans voted to limit the number of terms that legislators
and other state officials may serve. As a result of these term limits, an individual may serve as a state representative or senator for no more than 8 years in a 16-year period.
In both chambers, it is customary for Democrats and Republicans to sit
on opposite sides of the aisle.
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90 Days
The Legislature meets in regular session for up to 90 working days of every odd-numbered year. It is required to do so by state law and the
state Constitution. Each session begins, or convenes, at noon on the
first Monday in January unless that is New Year’s Day. In that case, the
session convenes on the following Wednesday.
In addition to its regular sessions, the Legislature also may meet in special session to deal with emergencies. Only the Governor or a
majority of legislators can call a special session.
Since 1889, the Legislature has met in special session more than 30
times. All were convened by the Governor. Legislators have never successfully petitioned to call a special session, but they have voted to expand a special session to address additional issues.
FOOD FOR THOUGHT: Who represents you in the Montana Legislature? What are some advantages and disadvantages of having a “citizen legislature”? Do you think term limits for legislators are a good idea? Why or why not?
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A Legislator’s Job
The job of a state legislator is very demanding, even though it’s only
part-time.
Your legislator must be dedicated and committed.
Your legislator must study hard to understand many different subjects — from agriculture to health to transportation.
Your legislator must make important decisions under heavy pressure
from people with many different beliefs and interests.
Your legislator must balance the needs of constituents with what is best for all Montanans.
Ultimately, your legislator helps to determine the quality of life in Montana. It’s an important job!
In Session
During the 90-day sessions, legislators spend nearly all of their time at the Capitol in Helena. They work long hours. They often work 6 days
a week. They get few chances to go home to their families and their
regular jobs.
The main job of legislators is to enact new laws or amend or repeal existing laws. They also:
• decide how much money to spend to operate state
programs and services;
• decide how much to tax Montanans to support state programs and services;
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• keep their constituents informed and help them access
state programs and services;
• monitor the work of state executive agencies; and
• make sure the laws they pass are carried out as they intended.
Between Sessions
The job of a legislator doesn’t end when a session ends. Legislative
committees meet regularly during the interim between sessions.
During each session, legislators identify topics they want to study in more depth. They appoint interim committees to conduct these studies. The committees often invite experts to present information to them. Members of the public also get a chance to have their say.
Sometimes legislators travel to other communities to learn about
issues firsthand.
During the interims, legislators have more time to debate and discuss issues. They’re under less pressure than they are during sessions. They use what they learn from their interim studies to make well-informed
decisions about what bills to consider during the next session.
Salary and Compensation
State law dictates how much legislators can earn for their work.
Legislators currently get paid a little more than $11 an hour for each
day that the Legislature is in session. They may choose to work for no
salary.
Who Can Be a Legislator?
To be a state senator or representative, you must meet these
constitutional qualifications:
• You must be a citizen of the United States.
• You must be a resident of Montana for at least a year before
being elected.
• You must be 18 or older.
• You must live in the county that you wish to represent. If
your legislative district covers more than one county, you
must live in the district.
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Legislators also get an allowance, or stipend, to help reimburse them
for the costs of attending a session. This allowance helps to pay for
travel, meals, and a place to stay in Helena.
The state Constitution prohibits the Legislature from setting its own pay. Legislators during one session may set the pay for future sessions.
Legislators are as different as the people they are elected to represent.
Each one brings unique ideas, experiences, and understanding to the
legislative process.
FOOD FOR THOUGHT: Do you think you could be an effective legislator? Why or why not? What do you think the most important part of a legislator’s job is? The hardest?
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The problems that face Montana citizens are always changing.
Montana laws must change to meet the challenges of the future.
Every session, the Legislature considers passing new laws or changing existing ones to meet those challenges.
Finding Ideas
Only legislators may introduce bills. But where do legislators get
the ideas for the bills they propose? They come from many different sources:
Individual legislators. Members of the Montana Legislature have a
wide variety of backgrounds and experiences. They may be parents,
students, teachers, lawyers, farmers, doctors, or businesspersons. Each
member’s expertise and personal experiences influence the kinds of bills he or she proposes.
Constituents. Often, concerned citizens or groups will alert legislators
to problems and ask them to sponsor legislation to address those
problems. Stories in the media may also bring problems to legislators’
attention.
Government agencies. The Executive Branch agencies that administer state programs and services may see a problem that might be solved
through legislation. Managers of these agencies may approach
legislators and ask them to sponsor bills to address the problems.
Interim committees. These legislative committees meet between sessions to study certain topics in depth. They may decide to introduce legislation as a result of their studies.
Interest groups. Interest groups may represent single issues, trades,
professions, or social groups. Some examples are groups that represent
How an Idea Becomes a Bill
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labor, business, teachers, farmers, low-income individuals, and
veterans. Because interest groups usually have more resources than
individuals, they can be very effective in urging legislators to propose bills.
Court decisions. If a court finds a problem with a law or finds a law to be unconstitutional, legislators may decide to try to fix the problem
with new legislation.
Other states. If there is no clear solution to a problem, legislators may ask their staff to research how other states have addressed similar issues.
Drafting and Introducing Bills
Once a legislator has an idea for a bill, he or she asks the legislative staff to draft it. The bill drafter makes sure the bill is written in the proper legal form. The drafter also works with the legislator to make
sure the bill will accomplish what the legislator intends.
Once the bill is drafted, one or more legislators may sign the bill as
sponsors. The main sponsor is responsible for seeing that the bill makes its way through the legislative process.
The introduction of a bill by a legislator is accomplished by filing it
either with the Chief Clerk of the House or the Secretary of the Senate.
Senators must introduce their bills in the Senate. Representatives must
introduce their bills in the House. Only House members may sponsor bills that contain appropriations of money.
The Secretary of the Senate or
Chief Clerk of the House assigns a
number to each bill. The number
reflects where the bill originates. For example, a Senate bill might be called SB 1 and a House bill
might be called HB 1. This is how
the bill is identified throughout
the legislative process, even after transmittal of the bill to the second chamber.
The legislative process is
cumbersome and complex. But the
nation’s founders intended it to be that way. They wanted every bill to get careful scrutiny. They wanted anyone affected by a bill to have a voice in the debate.
The system of government they designed helps to ensure that only the
best ideas survive and become law.
DID YOU KNOW?
Montana legislators requested
2,611 bill drafts during the
2017 session. Of these, 1,188
were actually introduced,
and 544 were adopted as
resolutions or passed both
chambers and became law.
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FOOD FOR THOUGHT: Can you think of an idea for a bill that you would propose if you were a legislator? Should there be limits on how many bills a legislator can introduce? Why or why not?
Committee hearings play a key role in the legislative process. They offer citizens a forum for expressing their opinions about legislation. They also provide an opportunity to watch
representative democracy in action.
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How a Bill Becomes a Law
Legislators gather in the House and Senate chambers during floor sessions to debate and vote on bills.
But first, they hold committee meetings where they can listen to the
concerns and recommendations of the public, lobbyists, and other
legislators.
Committees
Each legislator usually serves on at least one committee during a
session. In the House, the speaker appoints committee members. In
the Senate, a Committee on Committees appoints them.
Every bill that the House and Senate considers is first assigned to a committee based on its subject matter. The chair of the committee, who is a member of the majority party, schedules a public hearing
on the bill. These hearings are the most effective way for citizens to
express their opinions about bills. (See “Testify at a Hearing” on page 23.)
At the hearing, the public is invited to testify for or against the bill. Based on that testimony, committee members vote to recommend that
the House or Senate pass the bill, kill the bill, or amend the bill. The
committee may also table the bill, which means the committee has no recommendation. Tabling a bill often kills it.
Committees that meet during legislative sessions are called standing committees. Sometimes joint committees or joint subcommittees are
formed with members from both chambers.
If the House and Senate cannot agree on amendments to a bill, they may appoint a special conference committee to try to find a compromise that both chambers can accept.
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DIAGRAM OF HOWABILLPROGRESSESTHROUGHTHELEGISLATIVEPROCESS
VETO SIGNINTOLAW
INTRODUCTION INTRODUCTION
GOVERNOR
VOTES
INTRODUCEDINSENATE
INTRODUCEDINHOUSE
FLOOR ACTION FLOOR ACTION
REFERREDTOSENATECOMMITTEE
COMMITTEEHEARING
COMMITTEEREPORT
2NDREADING
3RDREADING3RDREADING
2NDREADING
COMMITTEEREPORT
COMMITTEEHEARING
REFERREDTOHOUSECOMMITTEE
CONFERENCECOMMITTEE
HOUSEBILL SENATEBILL
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Floor Sessions
Every bill that passes the Legislature comes before each chamber at least three times.
Once a bill has been assigned a number, it’s presented to the chamber
during what is called first reading. The presiding officer assigns the
bill to a committee.
If a committee recommends passage of a bill, the bill is placed on second reading. At this time, the entire chamber, called into a
Committee of the Whole, debates the bill during a floor session.
Legislators may offer amendments. If the House or Senate votes to
pass the bill during second reading, the bill (with any amendments) is placed on third reading.
The vote on third reading is the most important vote. It decides
whether the bill passes the House or Senate. Legislators may not
amend or debate a bill on third reading.
Once a bill passes through one chamber, it’s transmitted to the other chamber. It goes through the same process there. If the second chamber amends the bill, it’s sent back to the first chamber for
approval of the amendments.
Each bill must pass both chambers in the same form before it’s sent
to the Governor for his or her signature. If the two chambers cannot agree on amendments, they may appoint a conference committee to try to find a compromise.
The Governor’s Role
Once a bill passes both chambers in the same form, it’s sent to the Governor. The Governor has four options: sign the bill into law,
recommend amendments to the bill, veto the bill, or take no action. If
the Governor takes no action, the bill becomes law after 10 days.
The Governor may return a bill to the Legislature with suggested amendments. If the Legislature rejects the Governor’s suggestions, the Governor may not return a bill with further amendments.
The Legislature may override a Governor’s veto if two-thirds of the
members of each chamber vote in favor of doing so.
After a bill is signed by the Governor, becomes law after 10 days, or is passed by the Legislature over the Governor’s veto, its provisions are incorporated into the Montana Code Annotated (MCA). This is a
compilation of all state laws that are currently in effect. It’s updated
after each legislative session.
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There are other publications that provide more information about the
laws passed during a session. These include the Legislative Review, the
Laws of Montana (Session Laws), and the History and Final Status of Bills and Resolutions.
Copies of legislative publications are available in libraries throughout the state and on the legislative website at leg.mt.gov/statute.
FOOD FOR THOUGHT: What role do committees play in the work of the Legislature? Visit the LAWS website (leg.mt.gov/laws), click on “Look up Bill Information,” and use the “General Subject” search to find a bill that interests you. Who is the bill’s sponsor? What is the status of the bill?
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Tracking a Bill’s Progress
You can track the progress of a bill using a free online service
called LAWS (Legislative Automated Workflow System).
You can find LAWS on the Montana Legislature website at
leg.mt.gov/laws.
Using LAWS, you can find:
• Complete text of legislative bills
• Up-to-date status of bills
• Committee hearing schedules
• Agendas for committee hearings and floor sessions
• House and Senate votes on bills
You can search the LAWS database using one or more of the
following search criteria:
• General subject matter
• Keywords
• Bill number
• Bill sponsor
• Bill status
You can also create a preference list. This feature allows you to
monitor any number of bills that are of particular interest to you
by creating a free, password-protected online account.
You can sign up for notification by e-mail of public hearings
scheduled for the bills on your preference lists.
Learn more about looking up bills at leg.mt.gov/bill-info.
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The U.S. and Montana Constitutions give every citizen the right to speak on public issues and to be heard by officials at every level of government. At the Montana Legislature, that means you have the
right to share with legislators your thoughts and opinions about any
public issue they are considering.
There are many ways you can exercise your rights and get involved in the legislative process:
Contact Your Legislator
Legislators want to hear from you! They were elected to represent you, and they can’t do that well if they don’t know your views and perspectives.
A well-written letter is one of the best ways to let your legislator know
your thoughts and opinions about a particular issue. Here are some tips
for getting your message across effectively:
• Be brief. Legislators have many demands on their time. They appreciate letters that are short and to the point.
• Put the message in your own words. Form letters and petitions
don’t have the same impact as personal, informed opinions.
• Be civil. It’s OK to be passionate about your point of view, but show respect for the perspectives of others.
• Address your letter to a specific legislator or legislators — preferably the ones who represent the legislative district in which
you live. Depending on your message, you may want to write to
the sponsor of a bill, certain members of a committee, or your own legislators. Don’t address your letter to the entire Legislature.
How You Can Get Involved
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• Identify bills by their number, title, and sponsor.
• Explain your position on the bill and ask for the legislator’s
support or opposition.
• Give any sources of information that you use to make your point.
• Include your name, address, and a little about who you are (for example, where you work or what school you attend).
Address letters to:
Sen. XXXX Montana Senate State Capitol PO Box 200500
Helena, MT 59620-0500
or
Rep. XXXX Montana House of Representatives State Capitol
PO Box 200400
Helena, MT 59620-0400
During legislative sessions, you may call the Session Information Desk at (406) 444-4800 and leave a message for as many as five legislators per call. Your message will be delivered to those legislators.
You may also contact your legislators by e-mail. Some legislators
choose to publish their e-mail addresses on the legislative website at leg.mt.gov. Once you click on Legislators, then Find a Legislator, you can look through the legislative roster
to locate specific members. Clicking
on a legislator’s name will then bring up an information page that shows contact information, including an e-mail address if the legislator opts
to list one. During sessions, you may
also use a form that appears on a legislator’s information page to send electronic messages.
Testify at a Hearing
One of the most important opportunities to become involved in the debate over a bill is when it’s the subject of a hearing before a legislative committee. You can communicate personally with
legislators at any time about any bill, but the committee hearing is
DID YOU KNOW?
You can watch gavel-to-gavel coverage of legislative
proceedings on the Montana
Public Affairs Network
(MPAN, formerly TVMT).
Check your local listings for
the channel in your area.
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the occasion when members of the public are specifically invited to
publicly approve, oppose, or suggest changes to a bill.
Don’t let stage fright stop you from taking advantage of this important right! Legislators were elected to represent the people of Montana. They are eager to hear your thoughts and perspective.
You may testify on any bill that concerns you. Committee hearings
allow you to speak your mind before the committee takes any action
and before the bill is brought to the attention of the House and Senate for debate and a final vote. You may testify in person or submit written testimony.
The time and place of every committee hearing is posted several days
in advance on the legislative website. Hearings schedules are also
available at the Session Information Desk on the first floor of the Capitol.
You may enter a legislative hearing room at any time, even if the door is closed or a hearing is in progress. Be courteous and respectful. Enter
quietly if a meeting is in progress. Be sure to turn off your cell phone
before entering. Food and drink (other than water) are not permitted in hearing rooms.
More information about testifying at committee hearings is available in “Having Your Say,” a brochure published by the Legislative
Communications Office. To get a copy, send your request to
leginfo@mt.gov or call (406) 444-3064.
Visit the Capitol
The Capitol was originally completed in 1902. In 1999-2000, it was
renovated to return it to its original appearance after decades of
remodeling. It’s an impressive sight!
Individuals and small, chaperoned school groups may tour the Capitol on their own during regular business hours.
If you’re interested in visiting the Capitol to learn more about the
Legislature and its role in Montana state government, contact the
Legislative Communications Office, (406) 444-3064 or leginfo@mt.gov.
More information about Capitol visits is available online at leg.mt.gov/civic-education/visiting-capitol/.
Become a Legislative Page
The Montana Legislature selects dozens of high school juniors and seniors to work as pages during each regular legislative session. Pages help legislators and the House and Senate staff by running errands,
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delivering messages, distributing
bills, setting up and cleaning
committee rooms, and performing other assorted duties.
Pages generally serve for a week and are paid minimum wage.
Meals and housing are not
provided.
To become a page, you must be recommended by a state senator or representative. To apply,
contact the Legislative Services
Division, Room 110, State Capitol, Helena, MT 59620. Or call (406) 444-3064. Applications are usually available in November.
FOOD FOR THOUGHT: Do you believe it’s important for citizens to get involved in the activities of the state Legislature? Why or why not?
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Highlights from Legislative History
— 1889 —
First State Constitution
In a special election on October 1, Montanans overwhelmingly adopt
a state constitution and elect state officials, including 66 state legislators.
Statehood
On November 8, Montana becomes the 41st state, with 16 original
counties.
First Session Stalemate
The 1st Legislature convenes on November 23 at the Lewis and Clark County Courthouse (right) amid heated partisan charges
of voting irregularities in Silver
Bow County.
Democrats and Republicans each seat separate delegations from Silver Bow in separate Houses of
Representatives.
Due to the partisan conflict, the 1st Legislature adjourns February 20, 1890, with nothing to show for its efforts. The two Houses pass separate sets of bills, but a
deadlocked Senate (8 Democrats, 8 Republicans) passes none of them.
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— 1893 —
State Seal & Motto
The 3rd Legislature officially adopts a state seal with the motto “Oro y
Plata,” Spanish for “Gold and Silver.” The design is almost identical to the seal adopted by the territorial government in 1865.
— 1894 —
Helena Becomes Capital
Montanans vote on November 6 to name the permanent capital for state government. Helena receives 51.8 percent of the vote, just edging
out Anaconda.
— 1895 —
First State Symbol
The 4th Legislature passes a law creating the first state symbol: the bitterroot as state flower.
Building a Capitol
Legislators appoint a Capitol
Commission, chaired by the Governor, to
secure plans for a statehouse of “highest degree of architectural beauty and constructive excellence.”
— 1897 —
Minority Party Power
The 5th Legislature convenes January 4, with 50 Democrats, 20 Republicans, and 21 Populists — the most politically divided session
in the history of the state. Minority parties are represented in every
session from 1893 to 1905 and many sessions thereafter.
Corruption Exposed
Newly elected Rep. Fred Whiteside from Flathead County exposes graft among members of the Capitol Commission.
— 1899 —
Vote Buying
“Copper King” William A. Clark of Butte successfully bribes members
of the 6th Legislature to get them to choose him to represent Montana
in the U.S. Senate. His minions toss thousands of dollars over the transoms of legislators’ hotel rooms.
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Fred Whiteside (at right), now a state
senator, exposes the crime in a dramatic
moment on the Senate floor.
The corruption surrounding election of U.S. senators in Montana helps spur ratification in 1913 of the 17th amendment to the U.S.
Constitution, providing for direct election of
U.S. senators by voters, not legislators.
— 1902 —
Capitol Dedication
The new Capitol in Helena is officially dedicated with great fanfare at a ceremony on July 4. The final cost of the building, including furnishings and landscaping, is about $540,000.
— 1903 —
Copper Collar
The 8th Legislature meets in special session December 1 through 11 to
respond to a devastating shutdown of all statewide operations by the Amalgamated Copper Company. The Company puts 11,000 workers out of work in a successful attempt to force legislators to pass a “fair trial” law, allowing disqualification of judges from court cases for prejudice.
The measure becomes the first of its kind in the nation.
— 1905 —
Initiative and Referendum
The 9th Legislature proposes a constitutional amendment to allow Montanans to bypass the Legislature and adopt or repeal state law through initiative or referendum. The proposal is overwhelmingly approved by voters the following year.
Primary Elections
The Legislature passes a law creating primary elections and allowing
for the nomination of candidates by popular vote at primary elections.
State Flag
Lawmakers pass an act establishing a state flag. It features the state seal on a dark blue background. In 1981, the 47th Legislature adds the word “MONTANA” above the state seal to help differentiate the flag
from those of other states.
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Meagher Statue
The Legislature authorizes placement in
front of the state Capitol of a bronze statue of Thomas Francis Meagher (pronounced mahr), a Civil War hero who twice served as acting Governor of the Montana Territory.
— 1913 —
Women’s Vote
The 13th Legislature passes a law giving Montanans the opportunity to ratify a U.S. constitutional amendment giving women the right to vote. Voters approve the measure by 52.2 percent at the 1914 general election.
— 1915 —
County Busting
The 14th Legislature passes the Leighton Act, allowing counties to split
or subdivide as they see fit. The result: Montana gains 20 new counties in the next decade. This increases the political power of rural counties, since every county gets a senator.
— 1917 —
First Women
The first two women elected to the state Legislature take their seats on
January 8 in the House: Maggie Smith Hathaway, D-Stevensville (left);
and Emma Ingalls, R-Kalispell (right).
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— 1918 —
Sedition Act
During patriotic hysteria surrounding World War I, a special session
of the 15th Legislature passes the toughest sedition law in the nation. Aimed at stifling criticism of the war effort, the law becomes a model for the federal Sedition Law of May 1918.
— 1923 —
Old-Age Pensions
The 18th Legislature passes an Old-Age Pension Act, setting a national
precedent for care of elderly citizens. The action precedes creation of
the federal Social Security system by 12 years.
—1933 —
First Native American
Rep. Dolly Smith Cusker Akers, D-Poplar (left), becomes the first known Native American to serve in the Montana Legislature.
— 1957 —
Legislative Council
The 35th Legislature creates a Legislative
Council to direct research during the interims between sessions. The Council also quickly assumes bill drafting duties, reducing heavy reliance on lobbyists.
— 1963 —
Open Meetings
The 38th Legislature passes a law requiring all public agencies to allow
the public to attend their meetings.
— 1965 —
One Man, One Vote
After the U.S. Supreme Court upholds the principle of “one man, one vote,” Montana is forced to undertake reapportionment of its senate districts by population. Previously, every county was allowed to have
one senator. This “frees Montana Legislature from the constitutional
hammerlock of rural domination that had been created in the constitutional convention of 1889.”
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— 1967 —
Legislative Auditor’s Office
The 40th Legislature creates the Legislative Auditor’s Office to
monitor how state agencies spend the money appropriated to them by legislators.
— 1971 —
Voting Age
The 42nd Legislature passes a law lowering the voting age to 18. The stipulation is incorporated into the 1972 state Constitution.
— 1972 —
Constitutional Convention
Montana holds a Constitutional Convention to significantly revise
and reform the state Constitution. Among other things, the new Constitution:
• limits the size of the Legislature to 40-50 senators and 80-100 representatives;
• ends the practice of having the Lieutenant Governor preside
over the state Senate;
• establishes a bipartisan citizen commission to reapportion legislative districts;
• calls for 60-day annual sessions instead of the biennial sessions
that have been tradition since statehood;
• requires all meetings of the Legislature and its committees to be open to the public; and
• establishes a right to privacy that is unique among states.
Montanans approve the new constitution at a June 6 election.
— 1973-1974 —
Annual Sessions
For the first and only time in its history, the Montana Legislature
meets in annual sessions, as provided for in the 1972 state Constitution. But opponents of annual sessions propose a constitutional initiative to return the Legislature to 90-day biennial sessions. Montana voters approve biennial sessions by a slim margin at
the November 1974 election.
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— 1975 —
State Laws Updated
The 44th Legislature creates the Office of Code Commissioner to
supervise the recodification of Montana laws and to provide for recodification on a continuing basis. “Recodify” means “compile, arrange, rearrange, and prepare for publication . . . without changing the meaning, effect, or intent of any law.”
First African American
Rep. Geraldine Travis, D-Great Falls (left),
becomes the first, and so far only, African American to serve in the Montana Legislature.
Legislative Fiscal Analyst
Lawmakers create the Office of the Legislative Fiscal Analyst to help estimate revenue from
state taxes and analyze the executive budget.
— 1981 —
Capitol Restoration
The 47th Legislature appropriates $6.7 million to restore the Capitol as closely as possible to its original appearance.
— 1992 —
Term Limits
Montanans vote 2 to 1 to limit terms of elected officials. As a result, legislators and other state officials may serve no more than 8 years in
a single office in a 16-year period.
— 1999 —
Open Caucuses
In response to a lawsuit filed by Montana media, the 56th Legislature opens its caucuses to the public.
— 2001 —
Public Affairs TV
The 57th Legislature establishes a state government broadcasting service (Television Montana, or TVMT) to provide gavel-to-gavel
coverage of legislative proceedings and select activities of other state
government agencies.
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— 2003 —
Public Participation
The 58th Legislature gives the public the right to comment at a public
meeting on any matter within the jurisdiction of the public entity holding the meeting, even if the topic is not on the agenda.
A 1912 painting by well-known Montana artist Charlie Russell provides a striking backdrop to
the rostrum in the House chambers. Entitled “Lewis and Clark Meeting Indians at Ross’ Hole,” it’s the largest painting Russell ever did.
The Montana Capitol in Helena is topped by a copper dome and a statue of Lady Liberty, who
holds a torch and a shield to light the way and protect the people. The Capitol is sometimes called “the people’s house,” because it literally belongs to all the people of Montana.
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Glossary of Legislative Terms
Act: A bill that has become law.
Adjournment: Ending a meeting or legislative session. When
the Legislature adjourns at the end of a session, it’s called
adjournment sine die (SIGN-ee DIE).
Amend: To change an existing law or proposed bill.
Amendment: A proposed change to a bill, such as an addition
or deletion.
Appropriation: An authorization to spend state or federal
money. The Legislature appropriates money by passing bills that
authorize agencies to spend money for certain purposes. Such
bills must originate in the House of Representatives.
Bicameral: Having two legislative chambers. The Montana
Legislature is bicameral. It has both a Senate and a House of
Representatives.
Biennial: Occurring every 2 years. The Montana Legislature
meets biennially in odd-numbered years.
Bill: A proposal introduced in the Legislature to enact a new
law or amend or repeal an existing law.
Caucus: A group of legislators with a common interest.
Although the term usually is used to describe the Democratic
and Republican caucuses, it also can be used to describe other
groups of legislators, such as an Indian Caucus. As a verb, “to
caucus” means to have a meeting.
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Chamber: Either of the houses of a bicameral Legislature. The
term also can be used to refer to the room in which each house
meets.
Chief Clerk of the House: An employee appointed by the
Speaker of the House to supervise all House employees, oversee
the handling of bills, and keep House records.
Committee of the Whole: The entire body of a chamber,
such as the House or Senate, sitting as a committee for the
transaction of business. When the House or Senate considers a
bill on second or third reading, it meets as a Committee of the
Whole.
Concurrence: Agreement by one chamber to a proposal or
action taken by the other chamber.
Conference committee: A committee consisting of members
from each chamber. The purpose of the committee is to resolve
differences in a bill that has been passed in different versions by
each chamber.
Constituent: A resident of the district that a legislator has
been elected to represent.
Convene: To officially begin the meeting of a legislative body.
Daily agenda: A list of bills to be considered by each chamber
during the day’s business.
District: A geographical area of the state from which a senator
or representative is elected. District boundaries are determined
every 10 years following the completion of the census. Each
district is designated by a number. There are 50 Senate districts
and 100 House districts.
Effective date: The date on which a law takes effect. Most
laws take effect on October 1 following a session unless the bill
specifically states otherwise. Bills appropriating money take
effect on July 1 following a session, and bills providing for the
taxation of or the imposition of a fee on motor vehicles take
effect on January 1 following passage and approval.
Enact: To pass a new law.
Engrossing: The incorporation of all amendments and all
appropriate technical corrections into the text of a bill.
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Enrolling: Preparing a bill in the final form that it passes the
Legislature.
First reading: The point in the legislative process when a bill
is assigned to a committee for a public hearing.
Fiscal note: A page or pages attached to a bill that estimates
the financial impact of a bill on the government.
Floor session: That part of a legislator’s work day that takes
place when the full House or Senate meets in its chambers to
conduct business.
Gallery: The balcony area above a legislative chamber. The
public can watch the floor sessions from here.
Hearing: Public discussion scheduled by a standing committee
for the purpose of gathering information on a bill.
Interim committee: A group of legislators that meets during
the months between sessions to study specific issues and
consider whether to recommend new legislation.
Introduction: The formal presentation of a bill into the
legislative process. This is the point when each bill is given a
number.
Joint committee: A group formed with members from both
chambers.
Joint subcommittee: A group formed with members from both
House and Senate standing committees. Joint subcommittees
of the House Appropriations Committee and the Senate Finance
and Claims Committee consider budget bills that appropriate
money and give state agencies the authority to spend money.
Journal: The official record, in chronological order, of the
proceedings in the House or Senate.
LAWS (Legislative Automated Workflow System): An online
system the public can use to track the status of bills during a
legislative session.
Legislature: The Senate and the House of Representatives
collectively.
Lobbyist: A person, usually acting as an agent for an
organized group, who seeks to bring about the passage or defeat
of bills or to influence their content.
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Majority leader: The leader of the party that has the most
members in a legislative chamber.
Majority party: The political party with the most elected
members.
Majority whip: A legislator selected by the majority party
to help the majority leader and make sure party members are
present for important votes.
Minority leader: The leader of the party that has the second
largest number of members in a legislative chamber.
Minority party: The party with the second-largest number of
members in a legislative chamber.
Minority whip: A legislator selected by the minority party
to help the minority leader and make sure party members are
present for important votes.
Minutes: A record of the actions taken at a committee
meeting. The minutes serve as the official record of the meeting.
Montana Code Annotated (MCA): The official, published
version of all the laws of Montana currently in effect.
Motion: A formal proposal offered by a legislator.
Order of business: The established order of activities in floor
sessions each legislative day.
Page: A high school student employed to help legislators
and the House and Senate staff by running errands, delivering
messages, distributing bills, setting up and cleaning committee
rooms, and performing other assorted duties.
Party: A political group organized around specific principles
of government. Each party works to get its candidates elected.
Parties represented in the Montana Legislature in recent history
include the Constitution, Democratic, Independent, Libertarian,
and Republican parties.
President of the Senate: A senator selected by the majority
party to preside over Senate proceedings.
President pro tempore: A senator who presides over the
proceedings of the Senate when the President is absent.
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Quorum: The minimum number of legislators required to
be present before a legislative body can conduct business. A
quorum is one more than half the membership.
Reapportionment: A process carried out once each decade
after completion of the U.S. census to divide the number of
state senators and representatives among the state’s population
so that each legislator represents about the same number
of constituents. The federal government also reapportions
congressional seats for each state.
Redistricting: A process carried out once a decade after each
U.S. census to determine the boundaries of congressional and
legislative districts based on population. Each district must
contain about the same number of people.
Regular session: The 90 days during each odd-numbered year
when the Legislature is scheduled to meet.
Repeal: To get rid of an existing law.
Resolution: A formal statement of the Legislature that
expresses a desire, opinion, sympathy, or request of the
Legislature, that governs the business of the Legislature, or that
requests but does not require an interim study. A resolution does
not have the force of law.
Second reading: The point in the legislative process when
legislators debate and vote on a bill during a floor session.
Secretary of the Senate: An employee who hires and
supervises Senate employees, keeps the records of the Senate,
transmits bills and resolutions to the House, and serves as
parliamentary adviser to the Senate.
Sergeant at Arms: An officer appointed to purchase supplies
and equipment and keep order within a legislative chamber.
Speaker of the House: A representative selected by the
majority party to preside over House proceedings.
Speaker pro tempore: A member of the House selected to
preside over House proceedings in the absence of the Speaker of
the House.
Special session: A session of the Legislature convened outside
the regular session schedule for the purposes of addressing a
pressing issue. The Governor or a majority of legislators may
convene a special session.
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Sponsor: The legislator who introduces a bill and guides it
through the legislative process.
Standing committee: A permanent group that continues from
one session to another to consider and hold public hearings
on bills in a specific policy area, such as transportation or
agriculture.
Statute: A law included in the Montana Code Annotated.
Table: A motion used in committees to set aside consideration
of a bill. The committee may vote to take up consideration of a
bill that has been tabled, but often this motion is used to quietly
kill a bill.
Term limits: Constitutional limits on how long a legislator or
other state official may serve in one office. State senators and
representatives may serve no longer than 8 years in a 16-year
period.
Testify: To present evidence for or against a bill at a
committee hearing.
Third reading: The point in the legislative process when
lawmakers in each chamber take a final vote on a bill. A bill may
not be amended on third reading.
Transmittal: The act of sending a bill to the second chamber
for consideration after it has been passed by the first chamber.
Veto: The constitutional right of the Governor to reject a bill
passed by the Legislature.
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The Montana Legislature makes important decisions that affect every Montanan every day. That’s why it’s
important to understand how the Legislature works
and how you can influence what it does.
This guide can help you become better informed. It will tell you how the legislative process works and
how you can get actively involved.
Among the facts you’ll learn:
The size and political makeup of the Legislature have
varied considerably since Montana became a state in
1889.
The Legislature meets in regular session for 90 working days of each odd-numbered year.
The work of a legislator doesn’t end when a session
ends.
Good ideas from people like you can become Montana law.
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Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, City Manager
SUBJECT:Community Ballot Issues Work Session
MEETING DATE:October 6, 2026
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Community Ballot Issues Work Session
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On October 6th, the Bozeman City Commission will hold a Work Session to
discuss opportunities for future community ballot initiatives. While no
formal action will be taken, the following goals are intended to help guide
the discussion:
Identify, define and prioritize top community needs and wants, with
an eye toward selecting a potential November 2027 ballot question
Identify opportunities for alternative solutions, such as budgeting
separately or working with partners versus going to a vote
Evaluate the question of whether we want to ask voters for anything
in November 2027
Prospective topics to be considered include, but are not limited to:
Streamline Bus / Active Transportation
Affordable Housing
Emergency Medical Services
Mental & Behavioral Health / Crisis Response
Aquatics Center / Pool
Westside Library
Fire Station #4 (Construction + Staffing)
Please see the attached document for more information within the City
Manager's Work Plan.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As directed by the City Commission.
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FISCAL EFFECTS:Fiscal effects are dependent upon the scale and timing of any future ballot
initiative.
Attachments:
Commission Workplan Update - 20260805.pdf
Report compiled on: September 28, 2026
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Advance Bozeman as a safe and welcoming
place for all
Initiative Title: City Shops Complex
Team: Lead Henderson; Ross, Kohtz, Overton, Waldo, Hodnett
Description: City facilities necessary for effective service delivery for Public Works & Parks are deficient. This project will consider necessary expansion to include vehicle/equipment/materials storage and office space for twelve Divisions, including a fire training facility. Multiple existing city-owned properties will be reviewed for development using a satellite approach to maximize efficiencies. Initial phase will focus on a concept design to inform a construction estimate spanning multiple funds for future budget consideration. Current Status: A total project budget of $84,147,600 was approved on June 23rd, 2026 as part of the FY27/FY28 biennium in support of the preferred concept design.
Next & Timeline: A contract for final design will be considered in September, 2026 with a focus on redeveloping city-owned property located on N. Rouse Ave. along with the current Shops Facility located on Tamarack. A separate design effort will be initiated for a fire training facility to be located immediately north of the proposed Transfer Station at the Water Reclamation Facility. Initiative Title: Enterprise Data for Government Efficiency (EDGE) Project Team: Lead Swanson, Hodnett, George, McMahan, Tozer, Esparza; City Attorney’s Office Description: This project involves the replacement of the City’s Enterprise and Resource Planning (ERP) software system and changes to relevant processes and workflows. This is required as the current system is outdated and integration with different city functions is difficult. EDGE will allow the city to modernize systems including but not limited to budget, finance, human resources, payroll, utility billing, and permitting. This will improve internal functioning and efficiency and allow us to better serve the public.
Current Status: The City continues to work with the Government Finance Officer’s Association (GFOA) who are under contract to support the City with process analysis, internal preparation, and software procurement to replace the City’s aging ERP system. The City issued three RFPs for software earlier this year – a core ERP system to perform finance and human resource functions, a Utility Billing (UB) system, and one for a Permitting, Licensing, and Code Enforcement (PLCE) system. Scoring committees have selected four vendors from each RFP to participate in software demonstrations and implementation interviews over the summer. During these sessions, vendors walk through real City
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business scenarios using demonstration scripts developed by our GFOA consultants and tailored to our unique needs. Throughout the month of July, dozens of City employees have been invited to participate and provide input to the evaluation committee for the core ERP system. Demonstrations for Utility Billing and Permitting are scheduled to take place in August. Next & Timeline: Discovery sessions with finalists or semi-finalists will take place in September. The sessions allow for final clarifications with vendors, and implementation planning that will help develop the final scopes of work for each software. Contract execution is scheduled for November, and we anticipate beginning implementation of the core ERP system by the end of the calendar year. The Project EDGE Intranet site includes monthly updates and more detailed timelines for each software procurement and implementation.
Initiative Title: Belonging in Bozeman
Team: Lead Courtney Smith, Communications team
Description: Ten goals from the Belonging in Bozeman Plan are to be pursued in partnership with Bozeman School District/BSD7, including goals around multilingual education, early education, education access, homelessness, engagement, mentorship, emergency preparedness, and access to healthy food and nutrition programs. Current Status: Much work has already been started or can be considered complete in some sense. However, the work also remains ongoing and would be considered incomplete if it were to suddenly stop. Goals 1.1, 1.2, 1.3
• Since 2021, the Multilingual Learners staff has grown significantly, and nearly every school in the Bozeman School District now has at least one ML/EL teacher. The district partners with Bienvenidos a Gallatin Valley, World Language Initiative, and the Bozeman Adult Learning Center to provide free English classes for parents, and uses interpretation services to ensure timely, accurate communication with multilingual families. https://www.bsd7.org/bienvenidos2. Goals 3.1, 3.2, 3.3, 3.5
• Over the past four years, Bozeman preschools have seen rising demand and enrollment, with programs like Bozeman Reads and Head Start planning to expand. Students participate in the district’s budgeting process and major decisions through consensus building. BSD7’s career outreach coordinator connects students with manufacturing, photonics, and construction opportunities, offered in partnership with local contractors and Prospera. Goals 4.1, 4.2, 4.3
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• Since 2014, BSD7 has seen rising numbers of students experiencing homelessness under McKinney-Vento and has expanded wrap-around supports accordingly. Educators receive materials on the prevalence of homelessness and how to help students and families navigate available resources. The Bozeman Schools Foundation provides additional support, including nutrition programs, and the district participates in the One Valley Regional Housing Coalition’s coordinated homelessness strategy.
• Montana MSU’s Office of Off-Campus Student Life has expanded wrap-around services, offering housing education, emergency housing support, the Bounty of the Bridgers food pantry, public assistance guidance, childcare resources, and more. The City of Bozeman is partnering with MSU through a CATS project to assess and address student housing insecurity, with plans to continue this work moving forward. https://www.montana.edu/offcampusstudentlife/. Next & Timeline: We will provide more updates on how this work is advancing after summer. Most work is currently on pause due to the summer. Initiative Title: Fire Staffing
Team: Lead Waldo, Hodnett, Tozer, Winn
Description: Fire Department Response times exceed National Standards. SAFER grant funding for 12 firefighters (6 Quick Response Unit (QRU), 6 Station 4) was received in September 2024 with anticipation of a fire staffing levy and fire station construction bond passing in November of 2024; these failed. SAFER funding ends March 2028. Funding those 12 positions requires new sources of ongoing funding. Options: • Consider new voted staffing levy and construction bond for a Station 4 • Consider new voted staffing levy for 6 firefighters needed for continued operation of QRU (QRU Only Option) & reduce force by 6 positions when grant funding ends • Increase general fund allocations to the Fire Department to fund 6 positions required to continue QRU program & reduce force by 6 positions when grant funding ends
Current Status: Funding for an educational campaign was removed from FY27/28 budget with a desire to have more conversations about ballot initiative priorities for the November 2027 election.
Next & Timeline: A City Commission workshop is scheduled on Oct 6th to discuss Nov 2027 ballot.
Initiative Title: Police Staffing Team: Lead Veltkamp, Hodnett, Tozer, Winn
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Description: Best practices recommend patrol officers spend approximately 60% of their time responding to calls and 40% of their time in proactive police work. With the increase in population comes increased calls and cases, which require additional officers. Options: • Continue to add new police positions (sworn & non-sworn) as general fund revenue allows • Consider new voted staffing levy on same year as new fire staffing levy to hire additional police officers (5/year for 5 years) • Consider new voted staffing levy separately from fire staffing levy • Perform a Law Enforcement Impact Fee study and implement if desired • Do nothing
Current Status: 10 new FTE have been included in the adopted 2027 biennium budget to support police department operations. The City continues to explore grant opportunities to support funding for personnel. The City continues to actively recruit for police officer positions, running three hiring processes per year. FY27 3 x police officers 1 x police sergeant 1 civilian intel analyst 1 civilian special services officer (0.5 allocated to Library budget) FY28 3 x police officers 1 x police sergeant
Next & Timeline: Additional sworn/non-sworn positions will be considered as part of the next biennium budget process.
Initiative Title: EMS Transport Services
Team: Lead Waldo (operations) Winn (governance); City Attorney’s Office
Description: EMS is provided in Bozeman and Gallatin County by a mix of a private provider (American Medical Response (AMR)) and public providers (Bozeman Fire Department, various Fire Districts). The system is not sustainably funded or operated as an integrated system. Partners have been working together to address this issue. A feasibility study has been completed, and separate technical/operations and governance committees have been working. The goal is a comprehensive EMS system funded by a separate levy in a defined ambulance transport district.
Current Status: Both the operations and governance teams continue to meet and discuss paths forward. Tentatively looking at Spring 2028 countywide ballot question to fund this program.
Next & Timeline: Admin group is looking to finalize an interlocal agreement between all parties. Operations group has a workshop in mid-July to refine deployment, standards of cover, and costing.
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Initiative Title: Coordinated Responses to Behavioral Health and Crisis Situations
Team: Lead Rowley, Mayor, Finance team for grants Description: The City of Bozeman has a strong track record of cross-system collaboration through its longstanding partnership with Gallatin County, the Gallatin Behavioral Health Coalition (GBHC), and associated practitioners and partners. The City has been a central partner in developing crisis response strategies, including the launch of an independent mobile crisis team. Staff will continue to collaborate with partners on improving the region’s crisis response system so that individuals experiencing behavioral health crises have: • Someone to call • Someone to respond • Somewhere to go
Current Status: Grants: In March, the City applied for a Bureau of Justice Assistance Public Safety and Mental Health Initiative Grant to support a crisis receiving or stabilization center, along with treatment, housing, and electronic health record improvements. In July, the City applied for SAMHSA’s STREETS Grant to fund street-based engagement, treatment, recovery, housing, and support services for individuals experiencing homelessness with mental health or substance use disorders. Opioid funding: In June, the City-County Gallatin Metro Region opioid board agreed to pursue funding for one year of mobile crisis services starting January 2027. An application will be submitted and, if approved, forwarded to the State Opioid Trust Board.
Next & Timeline: BJA grant award announcements are anticipated by the end of summer; STREETS grant in the fall. An application for opioid funding for mobile crisis is anticipated to be voted on by the local board in August.
Initiative Title: Keep Bozeman a Welcoming Place Team: City staff, advisory boards, Commission Description: The City is involved in a number of partnerships with many local agencies including the School District (BSD7), Gallatin County, Belgrade, Montana State University, State of Montana. Efforts include, but are not limited to Safe Routes to School, comprehensive community trails and park systems, access to recreation and other community amenities, housing initiatives, economic development, transportation system improvements, a well planned city and region, design standards, public safety, etc. We are committed to continuing and strengthening these relationships at all levels of our organization.
Current Status: Current project examples include but are not limited to:
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-Several City Departments working with HRDC to educate staff and HRDC clients on the HRDC Good Neighbor Program to address prohibited activity in public spaces. -Work with Gallatin Vally Land Trust on the construction of a 66-acre mountain bike park (Bikefill) -Partnership with BSD7 to construct an addition turf field at the Bozeman Sports Park -Partnership with Southwest Montana Mountain Bike Association (SWWMBA) and Gallatin Valley BMX to improve the Westlake Park facility -Transportation & Engineering has executed a Transportation Alternatives grant to strengthen our Safe Routes to School program in partnership with Western Transportation Institute and BSD7
Next & Timeline: BSD7 turf field anticipated opening August 1, 2026; Westlake Park facility anticipated completion September 25, 2026
Initiative Title: Continued Implementation of SAFE Plan Team: Lead Ross, Transportation and Engineering team Description: In alignment with the City of Bozeman's goals to improve transportation system safety throughout the community, we have committed to prioritizing planning and implementing appropriately designed roads, trails, sidewalks, bicycle facilities, and transit networks to help us move around our neighborhoods and promote safe, efficient passage to our destinations. The Bozeman Streets Are For Everyone (SAFE) Plan is a comprehensive initiative aimed at enhancing the safety of the community through various measures. It focuses on four key elements: Physical, Policy, Policing, and Promotion. Implementation of the plan began in 2023 and will continue with:
• Completion of Safe Streets for All (SS4A) Safety Action Plan as a supplement to the Transportation Master Plan (TMP) Update
• Implementation of a Citywide Neighborhood Traffic Calming Program
• Beginning of an Uncontrolled Intersection Program Current Status: The Police Department is adding a new sergeant to patrol, tasked with supervising the traffic officers and crash investigator and being the primary contact for Transportation and Engineering. The overall goal is to ensure traffic offices are using their time most effectively to enhance public safety. Parks Department finalizing city path and trail wayfinding kiosks. Parks is in the master planning process for a 3.5 mile pathway for alternative transportation, recreation, and access, along the Cattail Creek Corridor.
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• Contract executed for Safety Action Plan and TMP contract approval scheduled for July 28th.
• Year 1 Neighborhood Traffic Calming projects are complete with data collection to follow this summer
• Phase 1 of uncontrolled intersection project complete with Phase 2 expected to begin this fall
• FY27 funding increased for small project safety enhancements with projects to occur between summer 2026 and spring 2027 Next & Timeline: Safety Action Plan and Transportation Master Plan update to be completed by the end of 2027. Project implementation ongoing and continuous.
Engage Meaningfully with the Community
Initiative Title: Consensus Program
Team: Lead Clark and Fine
Description: Test and develop a consensus program for controversial City issues.
Current Status: This work is tied to the Fowler Housing project, which is currently serving as the testing ground for the consensus process. We’re currently about to start Phase 3 of that work in mid-August. Next & Timeline: After Phase 3, assuming the consensus process is successful, the Fowler process will move forward with an annexation and zoning application in the fall, followed shortly by a review/discussion of the consensus program with Commission to determine next steps. Initiative Title: Development of a Citizens Academy
Team: Lead Derby and Clark; City Attorney's Office
Description: A multi-week Citizen’s Academy is a way to educate residents about how the City operates. As currently envisioned, admittance to the program will be through an application process and duration is expected to be 6-7 weeks. By reaching residents interested in learning more about local government, we’ll be able to build knowledge and understanding of the city’s work and create an informed cohort of citizens who may go on to serve as good will ambassadors or as staff, board members, and/or Commissioners. Current Status: Planning meetings with departments are set-up, and initial meetings are underway. Comms has been briefed on marketing needs and is at work on the project. IT will assist with a website page, application, and the use of City laptops for attendees during the sessions. Supplies have been ordered and received. Academy will run for 7 Sessions. Next & Timeline: Continue with planning meetings; 3 per Session. Review Comms plan, launch application 8 weeks ahead of first Session. Program will run
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weekly from Oct. 14 – Dec. 9 with breaks for Veterans Day and Thanksgiving.
Initiative Title: Telling our Story Team: Clark, Directors Description: The Communications Division is implementing new tools to reach residents including a biweekly newsletter to communicate news, events, and updates; a text service to issue quick communications related to key services such as plowing and trash collection; a podcast to talk about key issues in Bozeman with residents who may not regularly engage with local government; and implementing video as a tool with the “Bozeman at Work” series. Additionally, we are initiating a program to consolidate our data dashboards to be more forward facing and available to the community and staff for review, comment and decision making.
Current Status: A pilot of the text service has launched and is currently in use by our Streets division. The Bozeman Beat podcast launched around the start of this year. The Bozeman at Work video series launched this summer. Next & Timeline: The biweekly newsletter is anticipated to launch in the next few months as we work out the final quirks of this program. We’re currently in conversation with Asset Management to determine their timeline for when they will be able to complete the dashboards. Initiative Title: Review of City Advisory Boards
Team: Lead Rowley, Clerks Office team
Description: In 2021, there was a consolidation of boards into five "superboards." These include Economic Vitality, Sustainability, Community Development, Transportation and Urban Parks and Forestry boards. The change was significant, and stakeholders were assured the City would review it. The review will also include the Historic Preservation Advisory Board. Current Status: Initial review complete; work session held on July 21. Next & Timeline: Incorporate feedback from Commission to update or create new resolutions, etc. as needed. Initiative Title: Enhance Partnership with MSU Team: Lead Clark/Kiely Description: Work with MSU to enhance and improve City/MSU partnership. Examples of work include: • Students as citizens initiative • Neighborhood impacts (including parking, compliance, and police) • Rental and housing coordination
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• Administrative relationship – consider another meeting with ASMSU
Current Status: We have not started work on this and likely will not be able to make any headway on it until September when Emily is back. Next & Timeline: We will pick up on this in the fall and have a better idea of next steps. Initiative Title: Cultivate Public/Private Partnerships and Collaboration Team: Lead City Commission, City Manager Description: The City routinely engages in partnerships and collaborates closely with businesses, non-profits, community members, other jurisdictions, etc. to accomplish our work. Examples of areas where partnerships and collaboration are key include economic development (Prospera, Yellowstone Fiber, Innovation Campus, etc.), housing, health, and childcare initiatives.
Current Status: Ongoing. We continue to build partnerships and have regular and ongoing meetings with MSU, BSD7, Gallatin County, Belgrade and housing partners. Recent collaborations include mental health efforts and EMS transport planning with Gallatin County, Sports Park field and parking lot construction with BSD7, Neighborhood and Innovation Campus meetings with MSU. Utility discussions with Belgrade and ongoing efforts with the Housing Coalition and HRDC Next & Timeline: Ongoing and continual at all levels in the organization. Initiative Title: Strategic Plan Update Team: Lead City Commission, City Manager
Description: The last five-year strategic plan was adopted in 2018. The Commission may wish to undertake a process for a new plan, or to utilize the Commission Priorities as a two-year strategic plan.
Current Status: Meeting scheduled with Deputy Mayor and strategic plan consultant to identify options. Conversations about amending parts of our current plan to emphasize bike and pedestrian safety. Next & Timeline: As directed by the commission Initiative Title: Statistically Valid Surveys Team: Lead Clark Description: As part of community engagement, staff will explore the use of statistically valid surveys in gathering input. Which projects these surveys are used for will involve the Commission. Current Status: We haven’t started on this process yet.
Next & Timeline: Takami will discuss with Chuck over the next few weeks which projects might be best to discuss as options for a survey with Commission.
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Bridge the Affordability Gap
Initiative Title: Housing Program
Team: Lead Guyer, Fontenot, Fine, City Attorney’s Office
Description: The Housing Program seeks to create homes that those who live and/or work in Bozeman can afford to purchase or rent through policy changes, managing and directing City investments, and tracking data. The key objectives in each workplan area are: Policy • A Commission work session is scheduled for August 2026 to discuss our policies, options and provide future direction. Investment • Invest staff time and resources in partners and projects that increase affordable housing • Leverage TIF/URD financing for affordable housing projects and support LIHTC development and infrastructure investments that assist housing • Direct investment in affordable projects (such as HRDC, Headwaters or City of Bozeman) • CDBG planning and funding roll out. Utilize CIP to identify shovel ready internal projects that meet consolidated plan priorities and benefit from CDBG funds. o Transitional/Emergency Housing o Naturally Occurring Affordable Housing (NOAH) o Infrastructure • Continue investing staff time and resources into the Regional Housing Coalition • Continue Fowler Consensus work to refine the project and align it with identified community housing needs. Phase Two will focus on stakeholder meetings and building understanding between differing opinions. Phase Three will focus on a shared vision for building design, site layout, open/common spaces and final product. Data • Updates to Community Housing dashboard with up-to-date information on units, simplified metrics and ample space for celebrating/communicating city housing successes • Housing status and reporting • Track success of investments of all types • Updated Needs Assessment
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• Market Study (Fowler)
Current Status: Staff are currently advancing several initiatives related to the Community Housing Program (CHP), including the Fowler Consensus process, the Turnrow Land Trust opportunity, and the Family Promise water line installation funded through CDBG. AHO reviews are continuing, while updates to the program’s webpages and data dashboard are underway. Staff are also developing a housing pro forma. Next & Timeline: Affordable Housing work session scheduled for August 4, 2026. Some AHO revisions expected in the fall of 2026 and an update of the Housing Needs Assessment in 2027
Initiative Title: Implement Tenants Right to Counsel Program
Team: Lead Sullivan, Saverud, Rowley, Winn, Clark
Description: Develop and deliver a 3-prong program (education, mediation, and representation) that works with tenants and landlords to educate, mediate and represent tenants before and during the eviction process. Current Status: We will begin the process for selecting a contractor to help with the education arm of the program within the next few months. Contract with mediator has been executed and work will commence within a few weeks. In the final stages of negotiation on the legal services contract. Next & Timeline: Mediation services should begin on August 1; Legal services should be operational later in August/early September. We will work with these contractors to help create educational materials, as well as bringing in a dedicated resource under a separate contract.
Initiative Title: Revise Affordable Housing Ordinance (AHO)
Team: Lead Guyer, George, Fontenot, Fine, City Attorney’s Office
Description: This will be done as a policy initiative under the Housing Program. It may include For-sale unit, cash in lieu, and parking incentive provisions, as well as any clean-up needed in the currently adopted AHO. Proposed updates include: • Addition of a “For Sale” Housing Provision: The current AHO incentivizes long-term affordable rental housing. Long-term affordable home ownership requires different stewardship paradigms and cash in lieu methods. • Alignment of the AHO provisions with Low-Income Housing Tax Credit (LIHTC) Rules. Staff proposes the creation of a separate “track” for LIHTC projects to align with the guidelines and regulations for tax compliance. • Updates to Type B Incentives (Parking Provision)
o October 2026 will see major changes to statewide parking requirements that render the AHO parking incentive
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ineffective, with no required parking minimums for affordable housing projects, assisted living facilities and homes under 1200 square feet. Alternative incentives are being considered. • Establishment of a Predictable Ordinance Update Process. Current Status: EPS is developing a “for-sale” housing formula for ownership projects using AHO incentives, incorporating long-term stewardship and cash-in-lieu options to better align with City affordable housing goals. Economic Development is creating a LIHTC-specific track to reduce administrative burden and eliminate duplicative affordability requirements. Updates to Type B incentives related to the October 2026 statewide parking changes are on hold while staff research potential additions. Current thinking is to retain the existing parking incentive language in case legislative changes occur.
Next & Timeline: AHO update anticipated winter 2026
Initiative Title: Review of Development Review Process Team: Leads George and Ross, their teams, City Attorney’s Office Description: This initiative is an internal effort led by staff to evaluate the City’s Development Review process to determine where process changes and/or efficiency measures can shorten or improve permit applicants’ experience. Consideration will be given to aspects that add unnecessary cost and delay. This review will balance efficiency with desired outcome, compliance with state law, and an obligation to implement adopted regulations (such as the updated UDC, adopted in December 2025). As part of this effort, staff will also gather feedback from users of the process, including not only developers but also small and large contractors, homeowners, and businesses who have obtained permits from the City in the recent past.
Current Status: Project is approximately one-third complete. Asset Management staff are near completion of a dashboard to help CD leadership better evaluate data about review workloads and timelines. Staff interviews and process mapping efforts (also related to Planning Fee Study) are underway. Next & Timeline: Next step is to gather input from external stakeholders, followed by analysis of findings to determine possible process improvements. Anticipate updating City Commission toward end of 2026.
Initiative Title: Living Wage Initiatives
Team: Lead Fontenot and Economic Development team
Description: Jobs that provide a living wage grow with the economic vitality of the region. Staff will continue to work with stakeholders and partners to implement the Economic Vitality Plan in a focused effort to:
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• Provide Opportunity for Gallatin Valley Residents • Enhance the small business development system • Provide comprehensive and coordinated skills development starting with childcare through middle school and higher-ed • Improve access to career opportunities for local and surrounding rural residents • Support a Diverse Economy • Focus on traded sector industries that are emerging and can increase exports • Enhance development of the talent pipeline • Elevate a growing creative arts industry cluster • Build a More Resilient Region • Increase amount and access to housing for all • Develop a sustainable city • Foster a culture focused on climate change resilience
Current Status: This work is grounded in the Economic Vitality Strategy (support traded sector jobs) and is ongoing. An updated economic vitality strategy is proposed for 2027. Next & Timeline: This work is an ongoing part of the standard economic development work. Initiative Title: Childcare Initiatives Team: Lead DiTommaso & Economic Development team Description: Increasing the supply of childcare is critical for the economy to maximize the full potential of the available workforce. More importantly, providing early learning is an important investment in communities that help ensure they can realize their human and economic potential. Bozeman is a participant in the CHILD Task Force which completed a strategy and is working through the recommendations to stabilize the childcare workforce and improve access. The City adopted model HOA covenants, including a covenant to disallow prohibiting childcare within HOAs, and has supported legislation to disallow HOAs from prohibiting childcares and define childcare as a residential use. The City is a key financial supporter of the Kinside Child Care Platform which assists in finding providers. Current Status: Economic Development staff continue to serve on the CHILD task force, including the policies and subsidies and employer-supported subcommittees. City planning, building, and fire staff are helping the policies and subsidies group create a comprehensive “how to open a childcare” guide covering city, county, and state inspection and licensing—soon to be the only resource in Montana that consolidates all three. The group also hosts interim legislative events to connect providers and advocates with local lawmakers. The employer-supported subcommittee has developed a presentation and
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materials to help employers implement family-friendly practices, from flexible schedules to employer-supported childcare options.
Next & Timeline: Economic Development staff is evaluating a potential gap scholarship program for childcare providers, aiming to reduce turnover—currently about 30% annually, with each departure affecting up to seven children. Allowing providers to receive subsidies for their own children’s enrollment has previously shown strong results in a statewide pilot. GGUW has the administrative capacity to run the program, as they did when the City funded a prior gap scholarship for eligible parents. Research and cost analysis will be completed by year’s end.
Protect Bozeman's Heritage, Neighborhoods,
and Natural Environment
Initiative Title: Landmark, Historic Preservation, and NCOD projects
Team: Lead George, City Attorney’s Office, Communications team
Description: Finish ongoing work to adopt updates to: • Landmark Project • Neighborhood Conservation Overly District (NCOD) Design Guidelines Update Current Status: Landmark Project approximately half complete; consultant (CPC) under contract through end of 2026. NCOD Design Guidelines Update approximately one-quarter complete; consultant contract with Lakota Group terminated 7/17/26. Next & Timeline: City Commission update in late July/August to discuss next steps for both projects.
Initiative Title: Urban Forest Management Plan (UFMP) and Parks, Recreation and Active Transportation (PRAT) Implementation
Team: Lead Overton, City Attorney’s Office, Communications team
Description: Finish ongoing work to adopt updates to the 10-year Urban Forest Management Plan. Key components are: • Analysis and recommendations regarding tree inventory, canopy cover, staffing and equipment, budgeting program and code updates. • Offer strategies to strengthen volunteer initiatives, address public concerns, and expand community education and outreach efforts. • Advise on adaptations to climate change impacts. PRAT Plan:
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• Integrate PRAT Plan into the Municipal Code and Unified Development Code • Utilize PRAT Plan policy and municipal code recommendations to create an update for the municipal code including relevant Unified Development Code sections Current Status: First draft of the Urban Forest Management Plan (UFMP) will be reviewed at the July 23, 2026 Urban Parks and forestry Board Meeting. PRAT Plan recommendations for the code update are included in the Urban Parks and Forestry Board’s current workplan, but the first work session has not yet been scheduled.
Next & Timeline: Virtual public meeting to review draft UFMP on August 10, 2026. In-person public meeting and open house August 31, 2026.
Initiative Title: Integrated Water Resources Plan Update
Team: Lead Kohtz, Communications team
Description: This project will update the City of Bozeman's 2013 Integrated Water Resources Plan (IWRP), outlining alternatives to improve Bozeman's water supply resiliency and ensure an adequate supply for the future. Bozeman depends on a safe and reliable water supply. We use water to fight fires, operate restaurants and businesses, clean our homes, run critical hospital functions, wash our hands, and other everyday necessities that support our community's health, safety, and quality of life. The goal for this engagement effort is to consult the community on Bozeman's water management priorities and gather input on alternatives developed throughout the planning process.
Current Status: The project technical consultants and city staff are developing a detailed cost analysis for all water conservation and water supply options identified by the Water Advisory Committee (WAC). The WAC will reconvene at the end of July to consider final water conservation alternatives to advance in the IWRP and again in November to determine which water supply alternatives to advance. Next & Timeline: Following the next two meetings with the WAC, project consultants will complete a significant community outreach effort to gain feedback on the direction received from the WAC. A project update will also be provided to City Commission after the November WAC meeting. Initiative Title: Green Power Program Team: Leads Henderson and Meyer; Sullivan; Clark
Description: Continue working with NorthWestern Energy in partnership with Missoula County and the City of Missoula to approve the Green Power Program. Upon implementation, the program will allow local governments, commercial, and industrial NorthWestern Energy customers to subscribe to a new renewable energy project located in Montana. Participation is voluntary and will include an on-bill cost
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and credit. To make this possible NorthWestern and the Lead Communities have negotiated an agreement to file a new rate (Tariff) with the Public Service Commission (PSC) and jointly pursue project procurement. Current Status: Negotiations determining the overall program framework are complete. The City Commission approved the Lead Community Agreement on July 21st, 2026. Next & Timeline: Filing with the Public Service Commission will occur on September 15th, 2026, followed by regulatory approval and subscriber engagement before issuance of an RFP for construction.
Initiative Title: UDC and Zone Map Revisions
Team: Lead George and team, Overton, City Attorney’s Office
Description: This includes revisions to the UDC and any necessary Zone Map amendments to implement other ongoing projects and plans including Landmark/NCOD, PRAT, Telecom Regulations, and Urban Forest Management Plan. Several revisions to the UDC are expected to begin with Commission consent. These include: AHO update, wetlands and watercourse technical revisions, short-term rentals (relating to Type 2 STRs in RA district to fix an implication of the 2025 UDC), and a broader housekeeping update. Staff anticipates some revisions will also be necessary after the 2027 legislative session to address any changes in state laws. Current Status: Telecom Regulations completed with 7/14/26 final adoption. Short-term rentals ordinance nearly complete with provisional adoption 7/14/26 and final adoption scheduled 7/28/26. See above for status of Landmark/NCOD projects. UDC Housekeeping Ordinance #2 will start with a work session 8/25/26 about B3 height and zone edge transitions. Wetlands/watercourse revisions scheduled for City Commission adoption Sept 1, 2026. AHO revisions are planned for fall, 2026. AHO revisions include update the Cash in Lieu provision, add a “for-sale” provision, creating a LIHTC specific track for affordable housing incentive utilization, and remove the parking incentive made irrelevant by the passage of MLUPA in 2025. Next & Timeline: Depending on Commission feedback in August, UDC Housekeeping Ordinance #2 is tentatively scheduled for 10/27/26 City Commission adoption. AHO revisions are expected in the fall/winter 2026. Initiative Title: Bozeman Creek Vision Plan
Team: Lead Henderson, Communications team, SeeBozemanCreek
Description: The City Commission approved Resolution 5626 on August 6th, 2024, adopting the Bozeman Creek Vision Plan as a Commission priority to increase ecological health, provide better connectivity, celebrate natural heritage, and mitigate flood hazards within urbanized sections
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of Bozeman Creek. Additional background information can be found on Engage Bozeman. The City is partnering with the SeeBozemanCreek organization to further community input as a model for how local government can leverage the strength of partnerships to collaborate towards shared goals with a wide range of constituents. Current Status: Initial project & policy recommendations have been developed based on input received through significant community engagement. Next & Timeline: A public open house is scheduled for Saturday, August 8th to coincide with the SLAM festival where updated recommendations will be available for community feedback. Presentations to Citizen Advisory Boards will be scheduled for late-September/early-October in advance of a draft plan to be published in support of a final open house in early November, followed by City Commission consideration of approval on December 15th.
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State Homeland Security Program (SHSP)
FY 2025 Award Letter
Chuck Winn
City of Bozeman, Fire Dept.
300 East Oak Street
Bozeman, MT 59715
City Manager Chuck Winn,
Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application for financial
assistance submitted under the Fiscal Year (FY) 2025 State Homeland Security Program, HazMat Sustainment (2
year POP), has been approved in the amount of $80,000.00. City of Bozeman, Fire Dept. is not required to match
this award with any amount of non-Federal funds.
Before City of Bozeman, Fire Dept. requests and receives any of the Federal funds awarded, acceptance of the
award must be established. By accepting this award, City of Bozeman, Fire Dept. acknowledges that the terms of
the following documents are incorporated into the terms of this award:
• Agreement Articles (attached to this Award Letter)
• Obligating Document for Award (attached to this Award Letter)
• FY 25 Homeland Security Grant Program Notice of Funding Opportunity
Please make sure you read, understand, and maintain a copy of these documents in the official file for this award.
In order to establish acceptance of the award and its terms, please complete, sign and return the Obligating
Document for Award to your MT DES Grant Coordinator.
For additional assistance, please contact your MT DES Grant Coordinator.
Burke S. Honzel
Preparedness Bureau Chief
Montana Disaster and Emergency Services
CC James Short
Award Letter
Burke S.
Honzel
Digitally signed by Burke
S. Honzel
Date: 2026.08.27
15:42:24 -06'00'
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AGREEMENT ARTICLES
State Homeland Security Program
SUB-RECIPIENT: City of Bozeman, Fire Dept.
PROGRAM: State Homeland Security Program
STATE GRANT NUMBER: 25HSBZMNHAZ
Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications
Article 2 General Acknowledgements and Assurances
Article 3 Acknowledgement of Federal Funding from DHS
Article 4 Activities Conducted Abroad
Article 5 Age Discrimination Act of 1975
Article 6 Americans with Disabilities Act of 1990
Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS
Article 9 Civil Rights Act of 1964 – Title VI
Article 10 Civil Rights Act of 1968
Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration
Officials
Article 12 Copyright
Article 13 Debarment and Suspension
Article 14 Drug-Free Workplace Regulations
Article 15 Duplicative Costs
Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Article 17 Energy Policy and Conservation Act
Article 18 Equal Treatment of Faith-Based Organizations
Article 19 Anti-Discrimination
Article 20 False Claims Act and Program Fraud Civil Remedies
Article 21 Federal Debt Status
Article 22 Federal Leadership on Reducing Text Messaging while Driving
Article 23 Fly America Act of 1974
Article 24 Hotel and Motel Fire Safety Act of 1990
Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Article 27 Lobbying Prohibitions
Article 28 National Environmental Policy Act
Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and
Science Act of 2022, Pub. L. 117-167, Section 10254
Article 30 Non-Supplanting Requirement
Article 31 Notice of Funding Opportunity Requirements
Article 32 Patents and Intellectual Property Rights
Article 33 Presidential Executive Orders
Article 34 Procurement of Recovered Materials
Article 35 Rehabilitation Act of 1973
Article 36 Reporting Recipient Integrity and Performance Matters
Article 37 Reporting Subawards and Executive Compensation
Agreement Articles
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Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article 39 SAFECOM
Article 40 Subrecipient Monitoring and Management
Article 41 System for Award Management and Unique Entity Identifier Requirements
Article 42 Termination of a Federal Award
Article 43 Terrorist Financing
Article 44 Trafficking Victims Protection Act of 2000(TVPA)
Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56
Article 46 Use of DHS Seal, Logo and Flags
Article 47 Whistleblower Protection Act
Article 48 Environmental Planning and Historic Preservation (EHP) Review
Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations
Article 50 Acceptance of Post Award Changes
Article 51 Disposition of Equipment Acquired Under the Federal Award
Article 52 Prior Approval for Modification of Approved Budget
Article 53 Indirect Cost Rate
Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification
Article 55 Summary Description of Award and Subprograms
Article 56 HSGP Performance Goal
Article 57 OPSG Program Performance Goal
Article 58 Operation Stonegarden Program Hold
Article 59 Non-Applicability of Specific Agreement Articles
Article 60 State Homeland Security Program: Compliance with Federal Immigration Law
Article 61 State Homeland Security Program: Non-Applicability of Specific Terms and Agreement
Articles
Article 62 State Homeland Security Program: Impact of San Francisco v. Trump Preliminary Injunction
Article 63 State Homeland Security Program: Impact of State of Illinois v. FEMA Injunction
Article 64 Operation Stonegarden: Non-Applicability of Specific Terms and Agreement Articles
Article 65 Period of Performance and Budget Period
Article 66 Funding Hold: Additional Information Required
Article 67 Amended Award Amount Pursuant to State of Illinois, et al. v. Kristi Noem, et al.(D.RI).
Article 68 Amended Period of Performance and Budget Period Pursuant to State of Illinois, etal. v. Kristi
Noem, et al. (D.RI) and State of Michigan et al. v. Kristi
Article69 MT DES Specific Acknowledgements and Assurances
Article 70 Accruals
Article 71 Authorized Representative
Article 72 State Homeland Security Grant Funding Hold
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Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and
Certifications
I. Recipients must complete either the Office of Management and Budget (OMB)Standard
Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D
Assurances – Construction Programs, as applicable. Certain assurances in these documents
may not be applicable to your program and the DHS financial assistance office (DHS
FAO) may require applicants to certify additional assurances. Applicants are required to
fill out the assurances, as instructed.
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of
the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and
adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge
and agree to provide DHS access to records, accounts, documents, information, facilities,
and staff pursuant to 2C.F.R. § 200.337. I. Recipients must cooperate with any DHS
compliance reviews or compliance investigations. II. Recipients must give DHS access to
examine and copy records, accounts, and other documents and sources of information
related to the federal award and permit access to facilities and personnel. III. Recipients
must submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports. IV. Recipients must
comply with all other special reporting, data collection, and evaluation requirements
required by law, federal regulation, Notice of Funding Opportunity, federal award specific
terms and conditions, and/or DHS Component program guidance. Organization costs
related to data and evaluation are allowable. The definition of data and evaluation costs is
in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference. V. Recipients
must complete DHS Form 3095within 60 days of receipt of the Notice of Award for the
first award under which this term applies. For further instructions and to access the form,
please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs-financial-assistance.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements,
press releases, requests for proposal, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal award funds.
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing
project activities outside the United States obtain all appropriate licenses, permits, or
approvals.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of1975, Pub.
L. No. 94-135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial
assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with
Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101–
12213), which prohibits recipients from discriminating on the basis of disability in the
operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable Information
(1) Recipients who collect personally identifiable information (PII) as part of carrying out
the scope of work under a federal award are required to have a publicly available privacy
policy that describes standards on the usage and maintenance of the PII they collect. (2)
Definition. DHS defines “PII” as any information that permits the identity of an individual
to be directly or indirectly inferred, including any information that is linked or linkable to
that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy Template as useful resources respectively.
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Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS
(1) Recipients of DHS research and development (R&D) awards must report to the DHS
Component research program office any finding or determination of sex based and sexual
harassment and/or an administrative or disciplinary action taken against principal
investigators or co-investigators to be completed by an authorized organizational
representative (AOR) at the recipient institution. (2) Notification. An AOR must disclose
the following information to agencies within 10 days of the date/the finding is made, or 10
days from when a recipient imposes an administrative action on the reported individual,
whichever is sooner. Reports should include: (a) Award number, (b) Name of PI or Co-PI
being reported, (c)Awardee name, (d) Awardee address, (e) AOR name, title, phone, and
email address, (f) Indication of the report type: (i) Finding or determination has been made
that the reported individual violated awardee policies or codes of conduct, statutes, or
regulations related to sexual harassment, sexual assault, or other forms of harassment,
including the date that the finding was made. (ii) Imposition of an administrative or
disciplinary action by the recipient on the reporting individual related to a
finding/determination or an investigation of an alleged violation of recipient policy or codes
of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature
of the administrative/disciplinary action, including a basic explanation or description of the
event, which should not disclose personally identifiable information regarding any
complaints or individuals involved. Any description provided must be consistent with the
Family Educational Rights in Privacy Act. (3) Definitions. (a) An “authorized
organizational representative (AOR)” is an administrative official who, on behalf of the
proposing institution, is empowered to make certifications and representations and can
commit the institution to the conduct of a project that an agency is being asked to support as
well as adhere to various agency policies and award requirements. (b) “Principal
investigators and co-principal investigators” are award personnel supported by a grant,
cooperative agreement, or contract under Federal law. (c) A “reported individual” refers to
recipient personnel who have been reported to a federal agency for potential sexual
harassment violations. (d) “Sex based harassment “means a form of sex discrimination and
includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related
conditions, sexual orientation, and gender identity. (e) “Sexual harassment” means
unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of asexual nature when this conduct explicitly or implicitly affects an individual’s
employment, unreasonably interferes with an individual’s work performance, or creates an
intimidating, hostile, or offensive work environment, whether such activity is carried out by
a supervisor or by a co-worker, volunteer, or contractor.
Article 9 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of1964,
Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.),which provides that
no person in the United States will, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance. DHS implementing
regulations for the Act are found at 6C.F.R. Part 21. Recipients of a federal award from the
Federal Emergency Management Agency (FEMA) must also comply with FEMA’s
implementing regulations at 44 C.F.R. Part 7.
Article 10 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No.90284
(codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision
of services in connection. therewith, on the basis of race, color, national origin, religion,
disability, familial status, and sex, as implemented by the U.S. Department of Housing and
Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination
includes the requirement that new multifamily housing with four or more dwelling units—
i.e., the public and common use areas and individual apartment units (all units in buildings
with elevators and ground-floor units in buildings without elevators)—be designed and
constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
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Article 11 Communication and Cooperation with the Department of Homeland Security and
Immigration Officials
(1) All recipients and other recipients of funds under this award must agree that they will
comply with the following requirements related to coordination and cooperation with the
Department of Homeland Security and immigration officials:(a) They must comply with the
requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on
information sharing by state and local government entities with DHS regarding the
citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8
U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a
Federal, State, or local government entity from doing any of the following with respect to
information regarding the immigration status of any individual: 1) sending such information
to, or requesting or receiving such information from, Federal immigration officials; 2)
maintaining such information; or 3) exchanging such information with any other Federal,
State, or local government entity; (b) They must comply with other relevant laws related to
immigration, including prohibitions on encouraging or inducing an alien to come to, enter,
or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv),prohibitions
on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii),prohibitions on
harboring, concealing, or shielding from detection illegal aliens, 8U.S.C. §
1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability
regarding these statutes; (c) That they will honor requests for cooperation, such as
participation in joint operations, sharing of information, or requests for short term detention
of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this
requirement merely because it lacks the necessary resources to assist in a particular
instance; (d) That they will provide access to detainees, such as when an immigration
officer seeks to interview a person who might be a removable alien; and (e) That they will
not leak or otherwise publicize the existence of an immigration enforcement operation. (2)
The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a
form that is acceptable to DHS, that it will comply with the requirements of this term.
Additionally, the recipient agrees that it will require any subrecipients or contractors to
certify in the same manner that they will comply with this term prior to providing them with
any funding under this award. (3) The recipient agrees that compliance with this term is
material to the Government’s decision to make or continue with this award and that the
Department of homeland Security may terminate this grant, or take any other allowable
enforcement action, if the recipient fails to comply with this term.
Article 12 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any
work first produced under federal awards and also include an acknowledgement that the
work was produced under a federal award (including the federal award number and federal
awarding agency). As detailed in 2 C.F.R. §200.315, a federal awarding agency reserves a
royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the
work for federal purposes and to authorize others to do so.
Article 13 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations
implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R. Part 180 as
implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from
entering into covered transactions (such as subawards and contracts) with certain parties that
are debarred, suspended, or otherwise excluded from or ineligible for participation in federal
assistance programs or activities.
Article 14 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C,
if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide
implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§
8101-8106).
Article 15 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included
as a cost or used to meet cost sharing requirements of any other federal award in either the
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current or a prior budget period. See 2 C.F.R. § 200.403(f).However, recipients may shift
costs that are allowable under two or more federal awards where otherwise permitted by
federal statutes, regulations, or the federal award terms and conditions.
Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) –Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of
1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. §1681 et seq.), which provide
that no person in the United States will, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations
are codified at 6 C.F.R. Part 17.
Recipients of a federal award from the Federal Emergency Management Agency(FEMA)
must also comply with FEMA’s implementing regulations at 44 C.F.R. Part19.
Article 17 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. §6201 et seq.), which contain
policies relating to energy efficiency that are
Article 18 Equal Treatment of Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6
C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the
participation of faith-based organizations in individual DHS programs.
Article 19 Anti-Discrimination
Recipients must comply with all applicable Federal anti-discrimination laws material to the
government’s payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Definitions. As
used in this clause – (a) DEI means “diversity, equity, and inclusion.” (b) DEIA means
“diversity, equity, inclusion, and accessibility.” (c)Discriminatory equity ideology has the
meaning set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal
anti-discrimination laws mean Federal civil rights law that protect individual Americans
from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal
immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful
immigration status in the United States.(2) Grant award certification. (a) By accepting the
grant award, recipients are certifying that: (i) They do not, and will not during the term of
this financial assistance award, operate any programs that advance or promote DEI, DEIA,
or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii)
They do not engage in and will not during the term of this award engage in, a discriminatory
prohibited boycott. (iii) They do not, and will not during the term of this award, operate any
program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS
reserves the right to suspend payments in whole or in part and/or terminate financial
assistance awards if the Secretary of Homeland Security or her designee determines that the
recipient has violated any provision of subsection (2). (4) Upon suspension or termination
under subsection (3), all funds received by the recipient shall be deemed to be in excess of
the amount that the recipient is determined to be entitled to under the Federal award for
purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the
Federal Government that may be pursued to the maximum extent permitted by law.
Article 20 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C.§§ 3729-
3733, which prohibit the submission of false or fraudulent claims for payment to the Federal
Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for
false claims and statements made.)
Article 21 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments. See OMB Circular A-129.
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Article 22 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while
driving recipient-owned, recipient-rented, or privately owned vehicles when on official
government business or when performing any work for or on behalf of the Federal
Government. Recipients are also encouraged to conduct the initiatives of the type described
in Section 3(a) of Executive Order 13513.
Article 23 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air
carriers can be found at: Certificated Air Carriers List | US Department of Transportation,
https://www.transportation.gov/policy/aviation-policy/certificated-aircarriers-list)for
international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
Article 24 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded
entirely or in part by federal award funds complies with the fire prevention and control
guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. § 2225a.
Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the
prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R.§§ 200.216, 200.327,
200.471, and Appendix II to 2 C.F.R. Part 200. The statute –as it applies to DHS recipients,
subrecipients, and their contractors and subcontractors – prohibits obligating or expending
federal award funds on certain telecommunications and video surveillance products and
contracting with certain entities for national security reasons.
Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et
seq.) prohibition against discrimination on the basis of national origin, which requires that
recipients of federal financial assistance take reasonable steps to provide meaningful access
to persons with limited English proficiency (LEP) to their programs and services. For
additional assistance and information regarding language access obligations, please refer to
the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-
supported-organizationsprovide-meaningful-access-people-limited and additional resources
on http://www.lep.gov.
Article 27 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none
of the funds provided under a federal award may be expended by the recipient to pay any
person to influence, or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with any federal action related to a federal award or contract, including any
extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9,
recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R.
Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying
disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available onGrants.gov as
the Disclosure of Lobbying Activities (SF-LLL).
Article 28 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321et seq.) (NEPA)
and the Council on Environmental Quality (CEQ) Regulations for Implementing the
Procedural Provisions of NEPA, which require recipients to use all practicable means within
their authority, and consistent with other essential considerations of national policy, to
create and maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future generations
of Americans.
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Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the
CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254
(1) Recipient research institutions (“covered institutions”) must comply with the
requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254(codified at 42
U.S.C. § 18951) certifying that the institution has established and operates a research
security program that includes elements relating to: (a)cybersecurity; (b) foreign travel
security; (c) research security training; and (d)export control training, as appropriate. (2)
Definition. “Covered institutions” means recipient research institutions receiving federal
Research and Development (R&D) science and engineering support “in excess of $50
million per year.”
Article 30 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure
that federal funds supplement but do not supplant non-federal funds that, in the absence of
such federal funds, would otherwise have been made available for the same purpose.
Article 31 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in
the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by
reference. All recipients must comply with any such requirements set forth in the NOFO. If
a condition of the NOFO is inconsistent with these terms and conditions and any such terms
of the federal award, the condition in the NOFO shall be invalid to the extent of the
inconsistency. The remainder of that condition and all other conditions set forth in the
NOFO shall remain in effect.
Article 32 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable
regulations governing inventions and patents, including the regulations issued by the
Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms under Government Awards, Contracts, and
Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. §
401.14.
Article 33 Presidential Executive Orders
Recipients must comply with the requirements of Presidential Executive Orders related to
grants (also known as federal assistance and financial assistance), the full text of which are
incorporated by reference.
Article 34 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002
of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the
Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition.
Article 35 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of
1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no
otherwise qualified handicapped individuals in the United States will, solely by reason of
the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Article 36 Reporting Recipient Integrity and Performance Matters
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000for any period of time
during the period of performance of the federal award, then the recipient must comply with
the requirements set forth in the government-wide federal award term and condition for
Recipient Integrity and Performance Matters is in 2 C.F.R. Part 200, Appendix XII, the full
text of which is incorporated by reference.
Article 37 Reporting Subawards and Executive Compensation
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For federal awards that total or exceed $30,000, recipients are required to comply with the
requirements set forth in the government-wide federal award term and condition on
Reporting Subawards and Executive Compensation set forth at 2C.F.R. Part 170, Appendix
A, the full text of which is incorporated by reference.
Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
(1) Recipients of a federal award from a financial assistance program that provides funding
for infrastructure are hereby notified that none of the funds provided under this federal
award may be used for a project for infrastructure unless: (a) all iron and steel used in the
project are produced in the United States—this means all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States; (b)
all manufactured products used in the project are produced in the United States—this means
the manufactured product was manufactured in the United States; and the cost of the
components of the manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or
regulation; and (c) all construction materials are manufactured in the United States—this
means that all manufacturing processes for the construction material occurred in the United
States. (2) The Buy America preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable chairs,
desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project. (3) Waivers When necessary, recipients may apply for, and the
agency may grant, a waiver from these requirements. The agency should notify the recipient
for information on the process for requesting a waiver from these requirements. (a) When
the Federal agency has determined that one of the following exceptions applies, the federal
awarding official may waive the application of the domestic content procurement preference
in any case in which the agency determines that: (i) applying the domestic content
procurement preference would be inconsistent with the public interest; (ii) the types of iron,
steel, manufactured products, or construction materials are not produced in the United States
in sufficient and reasonably available quantities or of a satisfactory quality; or (iii) the
inclusion of iron, steel, manufactured products, or construction materials produced in the
United States will increase the cost of the overall project by more than 25 percent. (b) A
request to waive the application of the domestic content procurement preference must be
inwriting. The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request. Waiver requests are subject to public comment
periods of no less than 15 days and must be reviewed by the Made in America Office. (c)
There may be instances where a federal award qualifies, in whole or in part, for an existing
waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for
Infrastructure | FEMA.gov. (4) Definitions. The definitions applicable to this term are set
forth at 2 C.F.R. §184.3, the full text of which is incorporated by reference.
Article 39 SAFECOM
Recipients receiving federal awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM
Guidance for Emergency Communication Grants, including provisions on technical
standards that ensure and enhance interoperable communications. The SAFECOM
Guidance is updated annually and can be found at Funding and Sustainment | CISA.
Article 40 Subrecipient Monitoring and Management
Pass-through entities must comply with the requirements for subrecipient monitoring and
management as set forth in 2 C.F.R. §§ 200.331-333.
Article 41 System for Award Management and Unique Entity Identifier Requirements
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Recipients are required to comply with the requirements set forth in the governmentwide
federal award term and condition regarding the System for Award Management and Unique
Entity Identifier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is
incorporated reference.
Article 42 Termination of a Federal Award
(1) By DHS. DHS may terminate a federal award, in whole or in part, for the following
reasons: (a) If the recipient fails to comply with the terms and conditions of the federal
award; (b) With the consent of the recipient, in which case the parties must agree upon the
termination conditions, including the effective date, and in the case of partial termination,
the portion to be terminated; or (c) Pursuant to the terms and conditions of the federal
award, including, to the extent authorized by law, if the federal award no longer effectuates
the program goals or agency priorities. (3) By the Recipient. The recipient may terminate
the federal award, in whole or in part, by sending written notification to DHS stating the
reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. However, if DHS determines that the remaining portion of the
federal award will not accomplish the purposes for which the federal award was made, DHS
may terminate the federal award in its entirety. (4) Notice. Either party will provide written
notice of intent to terminate for any reason to the other party no less than 30calendar days
prior to the effective date of the termination. (5) Compliance with Closeout Requirements
for Terminated Awards. The recipient must continue to comply with closeout requirements
in 2 C.F.R. §§ 200.344200.345 after an award is terminated.
Article 43 Terrorist Financing
Recipients must comply with Executive Order 13224 and applicable statutory prohibitions
on transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible for ensuring
compliance with the Executive Order and laws.
Article 44 Trafficking Victims Protection Act of 2000(TVPA)
Recipients must comply with the requirements of the government-wide federal award term
and condition which implements Trafficking Victims Protection Act of2000, Pub. L. No.
106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and
condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference.
Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56
Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA
PATRIOT Act, which amends 18 U.S.C. §§ 175–175c.
Article 46 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos,
crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of
DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or
likenesses of component officials.
Article 47 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections in 10
U.S.C § 470141 U.S.C. § 4712.
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Article 48 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that could have an impact on the environment are subject to
the FEMA EHP review process. This review does not address all federal, state, and local
requirements. Acceptance of federal funding requires the recipient to comply with all
federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to
natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its
EHP review process, as mandated by: the National Environmental Policy Act; Endangered
Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act;
Clean Air Act; National Flood Insurance Program regulations; and any other applicable
laws, regulations and executive orders. General guidance for FEMA’s EHP process is
available on the DHS/FEMA Website. Specific applicant guidance on how to submit
information for EHP review depends on the individual grant program. Applicants should
contact their grant Program Officer to be put into contact with EHP staff responsible for
assisting their specific grant program. The FEMA EHP review process must be completed
before funds are released to carry out the proposed project, otherwise, DHS/FEMA may not
be able to fund the project due to noncompliance with EHP laws, executive orders,
regulations, and policies. DHS/FEMA may also need to perform a project closeout review
to ensure the applicant complied with all required EHP conditions identified in the initial
review. If ground disturbing activities occur during construction, the applicant will monitor
the ground disturbance, and if any potential archaeological resources are discovered, the
applicant will immediately cease work in that area and notify the pass-through entity, if
applicable, and DHS/FEMA. EO 11988, Floodplain Management, and EO 11990,
Protection of Wetlands, require that all federal actions in or affecting the floodplain or
wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic,
historical, environmental, legal, and safety considerations. FEMA’s regulations at44 C.F.R.
Part 9 implement the EOs and require an eight-step review process if a proposed action is in
a floodplain or wetland or has the potential to affect or be affected by a floodplain or
wetland. The regulation also requires that the federal agency provide public notice of the
proposed action at the earliest possible time to provide the opportunity for public
involvement in the decision-making process (44C.F.R. § 9.8). Where there is no opportunity
to relocate the federal action, FEMA is required to undertake a detailed review to determine
what measures can be taken to minimize future damages to the floodplain or wetland.
Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or
executive order. If the requirement does not apply to Tribal Nations, or there is a federal law
or regulation exempting its application to Tribal Nations, then the acceptance by Tribal
Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter
its inapplicability to a Tribal Nation. The execution of grant documents is not intended to
change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations
where it does not already exist.
Article 50 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an
administrative change must be made to the award package, recipients will be notified of the
change in writing. Once the notification has been made, any subsequent requests for funds
will indicate recipient acceptance of the changes to the award. Please email FEMA Grant
Management Operations at: ASK-GMD@fema.dhs.gov for any questions.
Article 51 Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award is no longer needed for
the original project or program or for other activities currently or previously supported by a
federal awarding agency, the non-state recipient or subrecipient (including subrecipients of
a State or Tribal Nation), must request instructions from FEMA to make proper disposition
of the equipment pursuant to 2C.F.R. section 200.313(e). State recipients must follow the
disposition requirements in accordance with State laws and procedures. 2 C.F.R.
section200.313(b). Tribal Nations must follow the disposition requirements in accordance
with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b); and if such laws and
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procedures do not exist, then Tribal Nations must follow the disposition instructions in 2
C.F.R. section 200.313(e).
Article 52 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, a written request
must be submitted and approved by FEMA as required by 2 C.F.R. section200.308. For
purposes of non-construction projects, FEMA is utilizing its discretion to impose an
additional restriction under 2 C.F.R. section 200.308(i) regarding the transfer of funds
among direct cost categories, programs, functions, or activities. For awards with an
approved budget where the federal share is greater than the simplified acquisition threshold
(currently $250,000) and where the cumulative amount of such transfers exceeds or is
expected to exceed ten percent (10%) of the total budget FEMA last approved, transferring
funds among direct cost categories, programs, functions, or activities is unallowable without
prior written approval from FEMA. For purposes of awards that support both construction
and non-construction work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain
prior written approval from FEMA before making any fund or budget transfers between the
two types of work. Any deviations from a FEMA approved budget must be reported in the
first Federal Financial Report (SF-425) that is submitted following any budget deviation,
regardless of whether the budget deviation requires prior written approval.
Article 53 Indirect Cost Rate
2 C.F.R. section 200.211(b)(16) requires the terms of the award to include the indirect cost
rate for the federal award. If applicable, the indirect cost rate for the award is stated in the
budget documents or other materials approved by FEMA and included in the award file.
Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-
Certification
In addition to the DHS Standard Terms & Conditions regarding Required Use of American
Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients
of FEMA financial assistance for programs that are subject to BABAA must include a Buy
America preference contract provision as noted in 2 C.F.R. section 184.4 and a self-
certification as required by the FEMA Buy America Preference in FEMA Financial
Assistance Programs for Infrastructure (FEMA Policy #207-22-0001 Revision 1 dated
1/30/2026). This requirement applies to all subawards, contracts, and purchase orders for
work performed, or products supplied under the FEMA award subject to BABAA.
Article 55 Summary Description of Award and Subprograms
The purpose of the FY 2025 HSGP is to support state and local efforts to prevent terrorism
and other catastrophic events and to prepare the Nation for the threats and hazards that pose
the greatest risk to the security of the United States. The HSGP provides funding to
implement investments that build, sustain, and deliver the 32 core capabilities essential to
achieving the National Preparedness Goal of a secure and resilient Nation. Among the five
basic homeland security missions noted in the DHS Quadrennial Homeland Security
Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The
building, sustainment, and delivery of these core capabilities are not exclusive to any single
level of government, organization, or community, but rather, require the combined effort of
the whole community. This HSGP award consists of State Homeland Security Program
(SHSP) funding in the amount of $6,000,629, and Operation Stonegarden (OPSG) funding
in the amount of $1,672,000.
Article 56 HSGP Performance Goal
In addition to the Biannual Strategy Implementation Report (BSIR) submission
requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how
the grant-funded project addressed the core capability gap associated with this project and
identified in the Threat and Hazard Identification and Risk Analysis (THIRA) or
Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The
capability gap reduction must be addressed in the Project Description of the BSIR for each
project.
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Article 57 OPSG Program Performance Goal
In addition to the Biannual Strategy Implementation Report (BSIR) submission
requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how
the grant-funded project addressed the core capability gap associated with this project and
identified in the Threat and Hazard Identification and Risk Analysis (THIRA) or
Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The
capability gap reduction or capability sustainment must be addressed in the Project
Description of the BSIR for each project.
Article 58 Operation Stonegarden Program Hold
The recipient is prohibited from drawing down OPSG funding under this award or
reimbursing OPSG subrecipients of this award until each unique, specific, or modified
county level, tribal, or equivalent Operations Order or Fragmentary Order (FRAGO) has
been reviewed by FEMA/GPD and Customs and Border Protection/United States Border
Patrol (CBP/USBP). The recipient will receive the official notification of approval from
FEMA/GPD.
Article 59 Non-Applicability of Specific Agreement Articles
Notwithstanding its inclusion in this award package, the following Agreement Article does
not apply to this grant award: 1. Termination of a Federal Award. This provision is
consistent with any terms of the Notice of Funding Opportunity that state Paragraph C.XL
(Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions
does not apply to this award. Refer to the Notice of Funding Opportunity for the terms
governing award termination.
Article 60 State Homeland Security Program: Compliance with Federal Immigration Law
The following term applies to State Homeland Security Program funding under this award:
1. Prohibition a. The state, territorial, or local recipient is prohibited from being designated
by the Department of Homeland Security or the Department of Justice as a sanctuary
jurisdiction. If the Department of Homeland Security or Department of Justice designates a
state or territory as a sanctuary jurisdiction after the Department of Homeland Security
makes a grant award, the state or territorial recipient is prohibited from making any
financial obligations under the grant award on or after the date of designation until the
Department of Homeland Security removes that designation. The Department of Homeland
Security will suspend that portion of the grant award supported by risk-based funding and
not make payments to the state or territorial recipient on or after the date of designation until
the Department of Homeland Security or Department of Justice removes that designation.
This term and condition applies to the funding provided under the relative risk methodology
pursuant to Section 2007 of the Homeland Security Act of2002 (6 U.S.C. § 608) and does
not apply to the minimum allocation to that state or territory required by Section 2004(e) of
the Homeland Security Act of 2002 (6U.S.C. § 605(e)). b. The state, territorial, or local
recipient is prohibited from making subawards to a state, territorial, or local government
that the Department of Homeland Security or Department of Justice has designated as a
sanctuary jurisdiction. If the Department of Homeland Security or Department of Justice
designates a state, territorial, or local government as a sanctuary jurisdiction after the state,
territorial, or local government recipient makes a subaward to that state, territorial, or local
government, the state, territorial, or local recipient must suspend the subaward, the state,
territorial, or local recipient must not make any additional payments to the state, territorial,
or local government, and the state, territorial, or local government is prohibited from
making any financial obligations under the subaward on and after the date of designation
until the Department of Homeland Security or Department of Justice removes that
designation. This term and condition applies to all funding provided to the state or territorial
recipient, including both the statutory minimum as well as risk-based funding allocations. c.
The Department of Homeland Security designates a state, territory, or local government as a
sanctuary jurisdiction if it fails to comply with that requirements set forth in paragraphs 2.a.i
to v of this term and condition. 2. Certification a. The state, territorial or local recipient and
subrecipients must certify under penalty of perjury pursuant to 28 U.S.C. § 1746, and using
a form that is acceptable to the Department of Homeland Security, that they will comply
with the following requirements related to coordination and cooperation with the
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Department of Homeland Security and immigration officials: i. They will comply with the
requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on
information sharing by state and local government entities with the Department of
Homeland Security regarding the citizenship or immigration status, lawful or unlawful, of
any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from
prohibiting, or in any way restricting, a Federal, state, or local government entity from doing
any of the following with respect to information regarding the immigration status of any
individual: (1) sending such information to, or requesting or receiving such information
from, Federal immigration officials; (2)maintaining such information; or (3) exchanging
such information with any other Federal, state, or local government entity. ii. They will
comply with other relevant laws related to immigration, including prohibitions on
encouraging or inducing an alien to come to, enter, or reside in the United States in violation
of law, 8 U.S.C. §1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8
U.S.C. §
1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal
aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or
attempt liability regarding these statutes. iii. They will honor requests for cooperation, such
as participating in joint operations, sharing of information, or requests for short term
detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with
this requirement merely because it lacks the necessary resources to assist in a particular
instance. iv. They will provide access to detainees, such as when an immigration officer
seeks to interview a person who might be a removable alien. v. They will not leak or
otherwise publicize the existence of an immigration enforcement operation. b. The state or
territorial recipient must require a state, territorial, or local government subrecipient to make
the certification above before providing them with any funding under the subaward.3.
Materiality and Remedies for Noncompliance This term and condition is material to the
Department of Homeland Security’s decision to continue with this grant award and the
Department of Homeland Security may take any remedy for noncompliance, including
termination, if the state or territorial recipient or a local government subrecipient fails to
comply with this term and condition.
Article 61 State Homeland Security Program: Non-Applicability of Specific Terms and
Agreement Articles
The following term applies to State Homeland Security Program funding under this award:
Notwithstanding their inclusion in this award package, the following terms and Agreement
Articles do not apply to this grant award: (1) paragraph C.IX(Communication and
Cooperation with the Department of Homeland Security and Immigration Officials) of the
DHS Standard Terms and Conditions and the Agreement Article titled “Communication and
Cooperation with the Department of Homeland Security and Immigration Officials” in this
award package; and (2)paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award
Certification regarding immigration) of the DHS Standard Terms and Conditions and
paragraph (2)(a)(iii)of the Agreement Article titled “Anti-Discrimination” in this award
package.
Article 62 State Homeland Security Program: Impact of San Francisco v. Trump Preliminary
Injunction
The following term applies to State Homeland Security Program funding under this award:
Pursuant to the preliminary injunction order issued on August 22, 2025, in City and County
of San Francisco, et al. v. Trump, et al., No. 3:25-cv-01350 (N.D. Cal.), the following terms
and conditions do not apply to awards or subawards issued to any of the plaintiffs subject to
the preliminary injunction order while the order remains in effect: (1) paragraph C.IX
(Communication and Cooperation with the Department of Homeland Security and
Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement
Article titled “Communication and Cooperation with the Department of Homeland Security
and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti-
Discrimination Grant Award Certification regarding immigration) of the DHS Standard
Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti-
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Discrimination” in this award package; and (3) the “State Homeland Security Program:
Compliance with Federal Immigration Law” Agreement Article. If the preliminary
injunction is stayed, vacated, or extinguished, the “State Homeland Security Program:
Compliance with Federal Immigration Law” Agreement Article will immediately become
effective.
Article 63 State Homeland Security Program: Impact of State of Illinois v. FEMA Injunction
Pursuant to the memorandum and order issued on September 24, 2025, in State of Illinois, et
al. v. Federal Emergency Management Agency, et. al, No. 25-206 (D.R.I.), the following
terms and conditions do not apply to awards or subawards issued to any of the plaintiffs
subject to the injunction order while the order remains in effect: (1) paragraph C.IX
(Communication and Cooperation with the Department of Homeland Security and
Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement
Article titled “Communication and Cooperation with the Department of Homeland Security
and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti-
Discrimination Grant Award Certification regarding immigration) of the DHS Standard
Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti-
Discrimination” in this award package; and (3) the “State Homeland Security Program:
Compliance with Federal Immigration Law” Agreement Article. If the injunction is stayed,
vacated, or extinguished, the “State Homeland Security Program: Compliance with Federal
Immigration Law” Agreement Article will immediately become effective.
Article 64 Operation Stonegarden: Non-Applicability of Specific Terms and Agreement Articles
Notwithstanding their inclusion in this award package, the following terms and Agreement
Articles do not apply to this grant award: (1) paragraph C.IX(Communication and
Cooperation with the Department of Homeland Security and Immigration Officials) of the
DHS Standard Terms and Conditions and the Agreement Article titled “Communication and
Cooperation with the Department of Homeland Security and Immigration Officials” in this
award package; and (2)paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award
Certification regarding immigration) of the DHS Standard Terms and Conditions and
paragraph (2)(a)(iii)of the Agreement Article titled “Anti- Discrimination” in this award
package.
Article 65 Period of Performance and Budget Period
Notwithstanding language in the Obligating Document or in the other terms of this award
package, the Period of Performance and the Budget Period for this grant award is October 1,
2025, to September 30, 2026. The Period of Performance and Budget Period stated in the
Obligating Document shall not apply.
Article 66 Removed per FEMA Amendment Memo dated 05/27/2026:
Funding Hold: Additional Information Required
FEMA has placed a funding hold on this award, and $6,034,750 is on hold in the FEMA
financial systems. The recipient is prohibited from obligating, expending, or drawing down
the funds associated with the following Homeland Security Grant Program
subprogram(s)/investment(s). To release the funding hold, the recipient must provide a
detailed cost breakdown and justification for the investments/projects listed above. FEMA
will rescind the funding hold upon its review and approval of the detailed cost breakdown
and justification. If you have questions about this funding hold, please contact the
DHS/FEMA Headquarters Preparedness Officer.
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Article 67 Amended Award Amount Pursuant to State of Illinois, et al. v. Kristi Noem, et al.
(D.RI).
Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the District
of Rhode Island in State of Illinois, et al. v. Kristi Noem, et al., No. 1:25-cv-00495, dated
December 22, 2025, and Information Bulletin (IB) 540, the amount of funding awarded by
this Fiscal Year 2025 Homeland Security Grant Program(HSGP) grant has been amended to
reflect the amount set forth in the Notice of Funding Opportunity dated August 1, 2025.
Further, the “Summary Description of Award and Subprograms” is amended to read as
follows: The purpose of the FY2025 HSGP is to support state and local efforts to prevent
terrorism and other catastrophic events and to prepare the Nation for the threats and hazards
that pose the greatest risk to the security of the United States. The HSGP provides funding
to implement investments that build, sustain, and deliver the 32 core capabilities essential to
achieving the National Preparedness Goal of a secure and resilient Nation. Among the five
basic homeland security missions noted in the DHS Quadrennial Homeland Security
Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The
building, sustainment, and delivery of these core capabilities are not exclusive to any single
level of government, organization, or community, but rather, require the combined effort of
the whole community. This HSGP award consists of State Homeland Security Program
(SHSP) funding in the amount of $4,362,750, and Operation Stonegarden (OPSG)funding in
the amount of $1,672,000.
Article 68 Amended Period of Performance and Budget Period Pursuant to State of Illinois, et al.
v. Kristi Noem, et al. (D.RI) and State of Michigan et al. v. Kristi
Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the District
of Rhode Island in State of Illinois, et al. v. Kristi Noem, et al., No. 1:25-cv-00495, dated
December 22, 2025 and the Permanent Injunction Order issued by the U.S. District Court
for the District of Oregon in State of Michigan, et al. v. Kristi Noem et al., No 6:25-cv-
02053-AP, dated December 23, 2025, the Agreement Article titled "Period of Performance
and Budget Period") of your award package is rescinded. The new Period of Performance
and Budget Period for this award is September 1, 2025, to August 31, 2028.
Article 69 MT DES Specific Acknowledgements and Assurances
Sub-recipients must acknowledge and agree to comply with applicable provisions governing
MT DES access to records, accounts, documents, information, facilities, and staff.
1. Sub-recipients must cooperate with any compliance reviews or compliance
investigations conducted by MT DES.
2. Sub-recipients must give MT DES access to, and the right to examine and copy,
records, accounts, and other documents and sources of information related to the
federal financial assistance award and permit access to facilities, personnel, and
other individuals and information as may be necessary, as required by MT DES
regulations and other applicable laws or program guidance.
3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate
MT DES officials and maintain appropriate backup documentation to support the
reports.
4. Sub-recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law or detailed in program guidance.
5. The State of Montana shall not be liable for any reimbursement amount greater than
the award amount available to each sub-recipient.
6. Failure of the sub-recipient to accomplish HSGP objectives may result in the
reduction or withholding of funds, or other action, as determined by MT DES.
The State of Montana has the right to seek judicial enforcement of these obligations.
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Article 70
Article 71
Article 72
Accruals
As established within Montana Operations Manual Policy, accrual documentation is
required of all sub-recipients by the Montana Department of Administration, State Financial
Services Division, and must be submitted to MT DES no later than the second week of June,
or as instructed by MT DES.
Authorized Representative
As evidenced by the signatures found in the Letter of Obligation, the Sub-Recipient
Signatory Official agrees to appoint the Sub-Recipient Authorized Representative to act on
behalf of City of Bozeman, Fire Dept.. This individual shall be duly authorized with all
necessary powers with regard to the administration and oversight of the 2025 State
Homeland Security Program grant, 25HSBZMNHAZ. The Catalog of Federal Domestic
Assistance (CFDA) number associated with this grant is 97.067.
State Homeland Security Grant Funding Hold
There is no program hold on this project for BABAA compliance review.
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Obligating Document for Award
STATE GRANT NUMBER:
25HSBZMNHAZ
FEDERAL AGREEMENT
NUMBER:
EMW-2025-SS-05013
AMENDMENT NUMBER:
SUB-RECIPIENT NAME AND
ADDRESS:
City of Bozeman, Fire
Dept.
300 East Oak Street
Bozeman, MT 59715
ISSUING STATE OFFICE AND ADDRESS:
Montana Disaster and Emergency Services
P.O. Box 4789
1956 MT Majo Street
Fort Harrison, MT 59636-4789
NAME OF SUB-RECIPIENT
AUTHORIZED
REPRESENTATIVE:
James Short
SUB-RECIPIENT AUTHORIZED REPRESENTATIVE CONTACT INFORMATION:
james.short@bozemanmt.gov
406-582-7420
EFFECTIVE DATE OF THIS
ACTION:
07/24/2026
METHOD OF PAYMENT:
EFT
NAME AND CONTACT INFORMATION OF MT
DES GRANT COORDINATOR:
Genny Lighthiser
genevieve.lighthiser@mt.gov
406-417-8685
FEDERAL AWARD AMOUNT: $80,000.00
PERIOD OF PERFORMANCE:
From: To:
10/01/2025 06/30/2028
Budget Period:
From: To:
10/01/2025 06/30/2028
ASSISTANCE
ARRANGEMENT:
Cost Reimbursement
CFDA #:
97.067
SUB-RECIPIENT SIGNATORY OFFICIAL (Name and Title)
DATE
SUB-RECIPIENT AUTHORIZED REPRESENTATIVE (Name and Title) DATE
MT DES SIGNATORY (Name, Title and Date)
Pam Fruh, Preparedness Program Manager, Authorized Organizational Representative
Pam Fruh
Digitally signed by Pam
Fruh
Date: 2026.08.27
12:28:41 -06'00'
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James Short 9/10/2026Deputy Fire Chief - Operations
Josh Waldo 9/10/2026Fire Chief
47281
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James Short 9/10/2026Deputy Fire Chief - Operations
9/10/2026Fire ChiefJosh Waldo
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Standard Agreement
State Highway Traffic Safety Section
This Agreement is made and entered into by and between the MONTANA DEPARTMENT OF TRANSPORTATION, 2701
Prospect Avenue, PO Box 201001, Helena, Montana, Congressional District 2, hereinafter called the “Department” and
City of Bozeman, Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715, hereinafter called the
“Subrecipient”.
ARTICLE 1. PROJECT
Section 1.1 Federal Subrecipient Award Information
All information not included below will be provided by MDT in a supplemental document when the Local Agency submits
its first request for reimbursement.
1. Subrecipient's name: City of Bozeman;
1. Local Agency’s Unique Entity ID: EEAPKALAEM35;
2. Federal Award Identification Numbers (FAINs): 69A37524300004020MT0,
69A37525300004020MT0, 69A37526300004020MTO;
3. Federal Award Date: Federal Fiscal Year 2027 (October 1, 2026 – September 30, 2027);
4. Subaward Period of Performance Start and End Date: October 1, 2026 – September 30,
2027:
5. Subaward Budget Period Start and End Date: October 1, 2026 – September 30, 2027;
6. Amount of Federal Funds Obligated in the subaward: $134,745.22;
7. Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity,
including the current financial obligation: $134,745.22;;
8. Total Amount of the Federal Award committed to the subrecipient by the pass-through
entity: $134,745.22;;
9. Federal Award Project Description: State Highway Safety Grant Programs; 402, State
and Community Highway Safety Programs;
10. Awarding Agency: National Highway Traffic Safety Administration;
11. Assistance Listing Number: 20.600;
12. This Project is not for research and development; and
13. Indirect Cost Rate: If the Local Agency chooses to claim an indirect cost rate for
reimbursement, it must do so in accordance with 2 CFR Part 200.414 and Section E,
Appendices III-VIII. The Local Agency may use the current 15% de minimis indirect cost
rate, unless the Local Agency has an indirect cost rate approved by a cognizant agency
and submits a copy of the indirect cost approval letter to MDT.
Section 1.2 Scope of the Project. The Sub-recipient shall implement and utilize project funding as described in
the FFY2026 Grant Application for Highway Traffic Safety Funding and provided in the objectives from Sub-recipient’s
application. The Sub-recipient shall use its best efforts to efficiently and economically complete the Project.
Section 1.3 Project Description. City of Bozeman Year-Round High Visibility Enforcement Program (see
attachment B for full scope).
Section 1.4 Definitions. (a) “Major item of apparatus or equipment” means an item with a useful life of more
than one year and costing $10,000.00 or more per unit.
(b) “Traffic safety purposes” means a project purpose which meets the State highway safety program, approved
by the Secretary of Transportation, which is designed to reduce traffic crashes and the resulting deaths, injuries, and
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property damage from those crashes.
(c) “Useful life” means the expected, projected or actual period of time during which the equipment continues
to function as designed without significant repair costs.
Section 1.5 Equipment. All equipment, including tools, for which purchase reimbursement is sought, will be
used exclusively for traffic safety purposes. The equipment purchases are subject to the following provisions:
(a) Any major item of apparatus and equipment for which reimbursement is sought and which is not identified
specifically in the Proposal and approved as part of this Agreement shall be submitted in writing for approval by
the Department prior to the purchase.
(b) A major item of apparatus or equipment must be obtained by proper competitive practices in accordance
with State of Montana purchasing laws and regulations.
(c) The Sub-recipient must certify that the equipment costs shown in the Proposal as direct costs are excluded
from the items in the indirect cost calculation, if applicable.
(d) The Sub-recipient agrees to properly title any vehicle or other equipment which requires a title by State
statute, in Sub-recipient’s name.
(e) The Sub-recipient agrees to activate the warranty on any equipment for which a warranty is available.
(f) The Sub-recipient agrees to maintain records of any equipment and make such records and equipment
available for inspection by the Department or its authorized representatives.
(g) The Sub-recipient agrees to maintain the equipment for its stated program purposes for the useful life of the
equipment.
(h) The Sub-recipient agrees to retain ownership and/or title to the equipment for the equipment’s useful life,
and shall not sell, convey or otherwise transfer title or ownership of the equipment to any other governmental
or private party, except as stated in this Agreement.
(i) The Sub-recipient agrees to notify the Department if the equipment is not suited for its stated program
purpose or is not in actual use by Sub-recipient as stated in the Agreement at any time during the useful life of
the equipment. Sub-recipient agrees it shall not discontinue use, abandon, store, or otherwise cease use of the
equipment for any reason whatsoever, unless notification is provided to the Department.
(j) The Sub-recipient agrees that any equipment not in actual use by Sub-recipient during the equipment’s useful
life may be recovered by the Department, and possession (or title where applicable) transferred or conveyed
permanently to the Department for redistribution to other program recipients.
(k) The Sub-recipient agrees that any equipment which reaches the conclusion of its useful life may be disposed
of by Sub-recipient, with prompt notification to the Department.
(l) The Sub-recipient agrees that it shall maintain records of the disposition of the equipment after its useful life,
for a period of three years beyond the disposition date.
Section 1.6 Insurance. During the Agreement term, the Sub-recipient shall maintain insurance or self-insurance
(property damage and liability) adequate to protect the federal share portion of Project facilities and equipment. Sub-
recipient will furnish proof of such insurance for the State's approval. Certificates of Insurance, indicating compliance
with the required coverages, must be filed with the Purchasing Services Bureau within ten (10) working days of notice of
award. This requirement, however, does not pertain to state and local government Sub-recipients. The proof of
insurance/exemption must be valid for the entire agreement period. Agreements will not be issued to Sub-recipients
that fail to submit insurance certification for proof of Workers’ Compensation Insurance valid in the State of Montana or
proof of exemption thereof.
Section 1.7 Reporting/Close-out/Reimbursement Requests. Sub-recipient shall advise the State in writing of
project progress at such times and in such manner as the State may require, see Attachment D, Reporting Schedule.
Reports are due 30 days following the end of the reporting period. The final report shall serve as close-out for contracts.
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Equipment contracts require annual reports throughout the useful life of the equipment. Reimbursement requests will
not be considered unless accompanied by or referring to a submitted progress report.
Section 1.8 Mandatory Disclosures. The Sub-recipient must disclose, in a timely manner, in writing to the
Department all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Federal award. Failure to make required disclosures may result in any of the remedies described in 2 CFR §200.338,
including suspension or debarment, in accordance with 2 CFR §200.113.
Section 1.9 Internal Controls. The Sub-recipient must establish and maintain effective internal controls over the
award that provide reasonable assurance to the Department that the Sub-recipient is managing the award in compliance
with Federal statutes, regulations, and terms and conditions of the Federal award, in accordance with 2 CFR §200.303.
Section 1.10 Single Audit. The Sub-recipient may be subject to the audit requirements of 2 CFR 200 Subpart F if
the audit threshold in 2 CFR 200.501 of $1,000,000 is met. An audit must be conducted in compliance with 2 CFR 200
Subpart F if required. The audit must be completed, and the data collection form and reporting package submitted to
the Federal Audit Clearinghouse within the earlier of 30 calendar days after the receipt of the auditor’s report(s) or nine
months after the end of the audit period. For local governments and school districts, the Sub-recipient will provide the
report to the State of Montana, Department of Administration, Local Government Services Bureau. All other Sub-
recipients such as Tribal Communities and Non-Profit Organizations will provide the report to the State of Montana,
Department of Transportation, Audit Services if audit findings are discovered.
If a subrecipient fails to submit a single audit within the required timelines, MDT will not reimburse the
subrecipient for grant expenditures. Subrecipient should cease project activity unless the subrecipient can incur the
expense without reimbursement. In addition, MDT will be unable to enter into future agreements with the subrecipient
until compliance with this section is completed including any corrective action required is taken.
Section 1.11 Sub-Recipient Monitoring. The Sub-recipient agrees MDT may subject the Sub-recipient to
additional sub-recipient monitoring by the MDT State Highway Traffic Safety Program, at MDT’s discretion, if the Sub-
recipient acts or fails to act in any way that increases the risk of sub-recipient’s inability to comply with the Agreement
and/or federal and state grant requirements.
ARTICLE 2. TERMS AND CONDITIONS
Section 2.1 Default. Nonperformance by the Sub-recipient of any obligation imposed by this Contract, including
noncompliance with the federal assurances, or reduction of local project cost funding, will constitute default.
Section 2.2 Termination. This Agreement may be terminated at any time based upon mutual written consent of
the parties. The Department may terminate this Agreement with or without notice by giving the Sub-recipient ten (10)
business days written notice. If the Agreement is so terminated prior to the end of the Period of Performance, MDT will
only reimburse the Sub-recipient for actual expenses, both direct and indirect, incurred to the date of termination.
Section 2.3 Litigation. In the event of litigation concerning this Agreement, venue shall only be in the First
Judicial District Court of the State of Montana, Lewis and Clark County.
Section 2.4 Agreement Modification. Any change in the Agreement will only be by written agreement of the
Parties.
Section 2.5 Subcontracting. Sub-recipient will not assign, sublet or transfer any part of this Agreement except by
written subcontract, and with the prior written consent of the Department. The Sub-recipient must provide a copy of
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the draft subcontract to the assigned program manager for review and approval prior to finalization. Nothing contained
within this document shall create any contractual relationships between any sub-sub-recipient and the Department.
Section 2.6 Indemnification. Sub-recipient shall indemnify, defend, and hold harmless the State of Montana,
Department of Transportation, its employees and agents from and against all claims, demands, or actions from damages
to property or injury to persons or other damage to persons or entities arising or resulting from the performance of this
Contract, including all costs and attorney fees.
Section 2.7 Compliance with Laws. Some of the clauses contained in this Agreement are not governed solely by
Federal law, but are significantly affected by State law. The laws and regulations cited in this Agreement are not all-
inclusive of those which may apply to the successful completion of this Agreement. The Sub-recipient understands that
it is its responsibility to learn which federal, state and local laws and regulations will apply to its operation under this
Agreement, and that Sub-recipient is solely responsible for its lawful compliance with all laws and regulations, including
those in the attached Non-Discrimination Notice (attachment A).
Section 2.8 Access and Retention of Records. Sub-recipient agrees to provide the Department, USDOT, the
Legislative Auditor or their authorized agent access to any records to determine compliance with this Agreement. The
Sub-recipient agrees to create and retain records supporting this Agreement for a period of three (3) years after the
completion date of the Agreement or at the conclusion of any claim, litigation, or exception relating to this Agreement
taken by the Department or third party.
Section 2.9 Severability and Integration. If any part, or parts, of this Agreement are determined to be void, the
remaining parts will remain valid and operative. This document, together with its schedules, attachments, and exhibits,
represent the complete and entire understanding of the parties on its subject matter. No provision, express or implied,
arising from any prior oral or written request, bid, inquiry, negotiation, contract, or any other form of communication,
shall be a provision of this Agreement unless it is reduced to writing, signed by the parties, and attached to this
document.
Section 2.10 Waivers. A party’s failure to enforce any provision of this Agreement shall not be construed as a
waiver excusing the other party’s future performance.
Section 2.11 Seat Belt Policy. In accordance with Executive Order 13043, Increasing Seat Belt Use in the United
States, dated April 16, 1997, the Subrecipient is encouraged to adopt and enforce on-the-job seat belt use policies and
programs for its employees when operating company-owned, rented, or personally-owned vehicles. The NHTSA is
responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources
on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS),
a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can
download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety
initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics,
campaigns, and program evaluations and references.
ARTICLE 3. FEDERAL REQUIREMENTS
The Sub-recipient understands that this Agreement includes requirements specifically prescribed by Federal law or
regulation. The Sub-recipient acknowledges they have read, understood, and agree to comply with the NHTSA federal
fiscal year 2026 Certifications and Assurances and all Highway Safety Grant (23 U.S.C, Chapter 4) requirements including
applicable federal statutes and regulations that are in effect during the grant period. The Sub-recipient also agrees to
comply with any additional requirements the Department imposes on the Sub-recipient to ensure the federal award is
used in accordance with federal statutes, regulations and the terms and conditions of the federal award.
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Section 3.1. Nondiscrimination. The State highway safety agency (and its subrecipients) will comply with all
Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”).
These include but are not limited to:
• 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 CFR part 21;
• 49 CFR 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 CFR section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights
Act of 1964);
• 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);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• 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 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the
basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens 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 (42 U.S.C. 12131-12189) (prohibits discrimination on
the basis of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing) and 49 CFR parts 37 and 38;
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations”, respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda,
and/or guidance, the Sub-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
NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights
Act of 1964 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 nondiscrimination
statutes and requirements to include all programs and activities of the Subrecipient, so long as any portion of the
program is Federally assisted.
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Specific Assurances
More specifically, and without limiting the above General Assurances, the Sub-recipient agrees with and gives the
following Assurances:
1. The Sub-recipient agrees that each “activity,” “facility,” or “program,” as defined in § 21.23(b) and (e) of 49
CFR part 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 Sub-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 all Highway Safety Grant Programs
and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of 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 in 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.”
3. The Sub-recipient will insert the clauses of appendix A and E of this USDOT Order 1050.2A in every contract or
agreement subject to the Acts and the Regulations.
4. The Sub-recipient will insert the clauses of appendix B of DOT Order 1050.2A, 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 Sub-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 Sub-recipient receives Federal financial assistance in the form of, 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 Sub-recipient will include the clauses set forth in appendix C and appendix D of USDOT Order
1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments
entered into by the Sub-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 Sub-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 Sub-recipient, or any transferee for the longer of the following periods:
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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 Sub-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, sub-grantees, 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 Sub-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.
The Sub-recipient agrees to comply with and require any sub-recipients, sub-grantees, contractors, successors,
transferees, and/or assignees to comply with all applicable provisions governing NHTSA's access to records, accounts,
documents, information, facilities, and staff. The Sub-recipient must comply with any program or compliance reviews,
and/or complaint investigations conducted by NHTSA. The Sub-recipient must keep records, reports, and submit the
material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. The Sub-recipient
must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in
program guidance.
The Sub-recipient acknowledges that the above General and Specific Assurances are binding on the State
highway safety agency, the Sub-recipient, other recipients, sub-recipients, sub-grantees, contractors, subcontractors
and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant
Program.
Section 3.2 Political Activity (Hatch Act). The Sub-recipient will comply with the provisions of the Hatch Act (5
U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
Section 3.3 Certification Regarding Federal Lobbying. The undersigned certifies, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ‘‘Disclosure
Form to Report Lobbying,’’ in accordance with its instructions.
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3. The undersigned shall require that the language of this certification be included in the award documents for
all sub-award at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
Section 3.4 Restriction on State Lobbying. None of the funds under this program will be used for any activity
specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect
(e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is
supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in
accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the
adoption of a specific pending legislative proposal.
Section 3.5 Certification Regarding Debarment and Suspension.
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification
set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary 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
primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective primary
tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or default or may pursue suspension
or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency
to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the
department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary 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
proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
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excluded from participation in this covered transaction, unless authorized by the department or agency entering into
this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the
clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or
agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180
and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, 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 prospective
lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions
website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under
48 CFR part 9, subpart 9.4, 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 the
transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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;
(c) 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 (1)(b) of this certification; and
(d) 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.
(2) Where the prospective primary 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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Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the
person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. 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
proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled “Instructions for Lower Tier Participant Certification” including the "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 and will require lower tier
participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, 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 prospective
lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions
website: (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under
48 CFR part 9, subpart 9.4, 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 or debarment.
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
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.
3.6 Buy America Act. The Sate and each subrecipient will comply with the Buy American requirement (23
U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only
steel iron and manufactured products produced in the United State with Federal funds, unless the Secretary of
Transportation determines that such domestically produced items would be inconsistent with the public interest, that
such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase
foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for
approval by the Secretary of Transportation.
3.7 Certification of Conflict of Interest.
General Requirements
No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any subaward,
including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or
personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer,
or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about
to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from
an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents.
a. The code or standards shall provide that the recipient’s officers, employees, or agents may neither solicit
nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including
contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions or other disciplinary actions for violations, as
permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of
conduct.
Disclosure Requirements
No State or its subrecipient, including its officers, employees or agents, shall perform or continue to perform
under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or
currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose
interests may be substantially affected by NHTSA activities. Based on this policy:
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1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an
immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the
recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a
conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the
best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present or currently planned organizational,
financial, contractual or other interest(s) with an organization regulated by NHTSA or with an organization whose
interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that
require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor and key
personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel
shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of
a recipient who are responsible for making a decision or taking an action under an award where the decision or action
can have an economic or other impact on the interests of a regulated or affected organization.
3.8 Prohibition of Using Grant Funds to Check for Helmet Usage. The state and each subrecipient will not use
23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target
motorcyclists.
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Project Directors and Points of Contact
The following individuals will be the respective project directors and points of contact for the Department and Sub-
recipient.
Department:
Project Director:
1. Name Kevin Dusko
2. Title State Highway Traffic Safety Section Supervisor
3. Address P.O. Box 201001
Helena, Montana 59620-1001
4. Phone (406) 444-7411
5. Email kedusko@mt.gov
Point of Contact:
1. Name Orry Hatcher
2. Title Transportation Planner / Law Enforcement Program
3. Address PO Box 201001
Helena, Montana 59620-1001
4. Phone (406) 444-0809
5. Email ohatcher@mt.gov
Sub-recipient:
Project Director:
1. Name Jim Veltkamp
2. Title Chief of Police
3. Address Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715
4. Phone (406) 582-2238
5. Email jim.veltkamp@bozemanmt.gov
Point of Contact:
1. Name Hal Richardson
2. Title Captain
3. Address Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715
4. Phone (406) 582-2213
5. Email hal.richardson@bozemanmt.gov
Fiscal contact:
1. Name Jamie Grabinski
2. Title Grants Coordinator
3. Address City Hall, 121 N. Rouse Ave., Bozeman, MT 59715
4. Phone (406) 582-2364
5. Email jamie.grabinski@bozemanmt.gov
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Agreement and Authorization to Proceed
The Sub-recipient warrants it has the lawful authority to enter into this Agreement, and that it has taken all actions and
complied with all requirements necessary to execute the authority lawfully in entering into this Agreement, and that the
undersigned signatory for Sub-recipient has been lawfully delegated authority to sign this Agreement on behalf of the
Sub-recipient.
Authorizing Official of the Sub-recipient
1. Name Chuck Winn
2. Title City Manager
3. Address City Hall, 121 N. Rouse Ave., Bozeman, MT 59715,
4. Phone (406) 582-2307
5. Email chuck.winn@bozemanmt.gov
6. Signature
Date
Delegation of Managing authority
To Project Director:
1. Name Jim Veltkamp
2. Title Chief of Police
3. Address Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715
4. Phone (406) 582-2238
5. Email jim.veltkamp@bozemanmt.gov
6. Signature
Date
Montana Department of Transportation Approval
1. Name/Title Douglas G McBroom, Operations Manager, Statewide Planning & Modal Operations
2. Address Montana Department of Transportation
PO Box 201001, Helena, Montana 59620-1001
3. Phone (406) 444-9240
4. Email dmcbroom@mt.gov
5. Signature
Date
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Rev. 01/2026
MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an environment free
from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all
discrimination and protections are all inclusive (hereafter “protected classes”) by its employees or anyone with whom
MDT does business:
Federal protected classes State protected classes
Race, color, religion, national origin,
sex, age, disability, and genetic information.
Race; color; national origin; familial or marital status;
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth; creed; social origin or condition;
genetic information; sex, sexual orientation, gender
identification or expression; ancestry; age; mental or
physical disability; political or religious affiliations or
ideas; military service or veteran status; vaccination
status or possession of immunity passport.
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and
Regulations of the United States and the State of Montana relative to Non-Discrimination in Federally and State-
assisted programs of the U.S. Department of Transportation and the State of Montana, 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:
a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or
indirectly, on the grounds of any of the protected classes in the selection and retention of
subcontractors, including procurements of materials and leases of equipment, employment, and all
other activities being performed under this contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it serves that will include
the following:
i. Statement that PARTY does not discriminate on the grounds of any protected classes.
ii. Statement that PARTY will provide employees and members of the public that it serves with
reasonable accommodations for any known disability, upon request, pursuant to the Americans
with Disabilities Act as Amended (ADA).
iii. Contact information for PARTY’s representative tasked with handling non-discrimination
complaints and providing reasonable accommodations under the ADA.
iv. Information on how to request information in alternative accessible formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of its
hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and
qualifications and that PARTY does not discriminate on the grounds of any protected class.
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(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY must
comply with applicable federal and state laws regarding the DBEs, including but not limited to 49 CFR
Part 26.
b. By signing this agreement the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted
contracts. Failure by the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as the
recipient deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by
competitive bidding, or negotiation, made by the PARTY 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 PARTY of the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the United
States and the State of Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the Acts, 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 MDT or relevant US DOT Administration 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 PARTY will
so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made
to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non-discrimination provisions
of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may
determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
(7) Pertinent Non-Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest,
agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
Federal
- 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 CFR Part 21;
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- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601 et seq.),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
- Sections 162 and 301(g) of the Federal-Aid Highway Act of 1973, (Public Law No. 93-87, 87 Stat. 250, codified at
23 U.S.C. § 324), (prohibits discrimination on the basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), (prohibits discrimination on the basis of
disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
- Section 520 of the Airport and Airways Improvement Act of 1982, (49 U.S.C. § 47123), (prohibits discrimination
based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (Public Law No. 100-259), (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, (42 U.S.C. §§ 12131 through 12189), which prohibits
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 as implemented by Department of
Transportation regulations at 49 CFR parts 37 and 38;
- Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in
education programs or activities (20 U.S.C. § 1681 et seq.).
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraphs one through seven in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and/or directives cited therein. The PARTY will take action with respect to any subcontract or
procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any
litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the
litigation to protect the interests of the United States.
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Attachment B – Objectives
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Attachment C – Budget
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Attachment D – Reporting Schedule
Reporting Timeframe
Report required Due
Period 1 Report. October 01 – January 31. Includes Winter Holiday Mobilization – one
invoice, law enforcement reports
February 28, 2027
Period 2 Report. February 01 – May 31. Includes Memorial Day Mobilization – one
invoice, law enforcement reports
June 30, 2027
Period 3 Report. June 01 – September 30. Includes Labor Day Mobilization – one
invoice, law enforcement reports
October 31, 2027
Fiscal Reporting
Fiscal reporting must include, but is not limited to:
You must establish a separate account for your grant, so it is not comingled amounts other funds in your
department and easy to interpret in local accounting system.
Accounting expenditure report demonstrating grant expenditures.
Law Enforcement Shift logs per officer.
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