HomeMy WebLinkAboutI.3 Bikefill Grant w FWP 795_Subrecipient_AgreementPage 1 of 25
Land and Water Conservation Fund Grant Agreement Between State of Montana and Subrecipient
THIS AGREEMENT (“Agreement”), entered into this 10 day of April , 2026, by and between MONTANA FISH, WILDLIFE & PARKS, the governmental agency of the State of Montana designated to act for
the State of Montana for the purpose of implementing the “Land & Water Conservation Fund Act of 1965,” with its principal place of business at 1420 East Sixth Avenue, Helena, Montana, (“Department”), and the City of Bozeman, with its principal place of business at 121 N Rouse Ave, Bozeman, Montana, (“Subrecipient”)
(collective the “Parties” or a “Party”). The purpose of this Agreement is to create Bikefill Bike Park. This project will construct a new access road and parking lot, mountain bike trails with skills features, pump tracks, and pathway to Snowfill Recreation Area; and install restrooms, shade structures, site furnishings, and signage as outlined in the Subrecipient Agreement Cover Form (Appendix A). The Subrecipient Cover Form is hereby incorporated into and made part of this Agreement.
WITNESSETH: WHEREAS, the Subrecipient desires to carry out the improvements cited herein in Bozeman, Montana, for the
purpose of public outdoor recreation, and to qualify for reimbursement of a portion of the cost of said construction project under the “Land & Water Conservation Fund Act of 1965,” 78 Stat. 897 (1964), Laws of the United States (“LWCFA” or the “Act”), which provides certain federal funds to be made available to participating state agencies or units of local government for the acquisition and development of land and water projects for outdoor recreation uses by the general public; and, WHEREAS it is the duty of the Department to share in the responsibility for administration of said project and to determine satisfactory completion, and further to act as agent for the National Park Service, United States Department of the Interior, to assure satisfactory performance. WHEREAS the Department and the Subrecipient desire to accomplish the Project described, and the Department has contracted with the National Park Service, an agency of the United States, for Federal reimbursement for certain costs of this Project as set forth below, and it is now necessary for the Department and the Subrecipient to execute this Agreement for the qualification and completion of said project.
NOW, THEREFORE, in consideration of the covenants to be performed by each party on behalf of the other, as set forth below, IT IS HEREBY UNDERSTOOD AND AGREED by and between the Parties as follows:
Part I – Definitions The following definitions apply to this Agreement: A. The term “State” means the State of Montana. B. The term “Subrecipient” means the State agency or local government unit that is a Party to this Agreement. For purposes of these provisions, the terms “Subrecipient,” “grantee,” and “participant” are deemed synonymous.
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C. The term “Project” means a Land and Water Conservation Fund grant that is identified in the project scope which is subject to this Agreement and/or its subsequent amendments.
D. The term “NPS” or “Service” means the National Park Service, United States Department of the Interior.
E. The term “Secretary” means the Secretary of the Interior, or any representative lawfully delegated the
authority to act for the Secretary. F. The term “Federal Funds” or “Fund” refers to the financial resource created and maintained through authority and operation of the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), as amended.
G. The term “Manual” means the Land and Water Conservation Fund Federal Assistance Program Manual, Volume 72.1, effective date April 21, 2025. The manual can be found in its entirety at https://www.nps.gov/subjects/lwcf/v72-1.htm.
H. The term “Uniform Guidance” refers to 2 CFR 200 and can be found in its entirety at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.
Part II – Continuing Assurances The Subrecipient agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are incorporated into and made a part of this Agreement.
The Subrecipient confirms it has reviewed and agrees to comply with the Special Conditions Appendix attached to this Agreement. The Appendix is hereby incorporated into and made part of this Agreement (Appendix C).
Applicable Federal Circulars The Subrecipient shall comply with all regulations at 2 C.F.R. Part 200. The Parties specifically recognize that the Land and Water Conservation Fund project creates an obligation to
maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act. Further, it is the acknowledged intent of the Parties that recipients of assistance will use monies granted herein for the purposes of this program and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a Subrecipient’s outdoor recreation.
It is intended by both Parties that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds.
The Subrecipient agrees, as the recipient of this assistance, that it will meet the following specific requirements and the terms of this Agreement:
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A. Perpetuity
1) The Subrecipient agrees the Project is being acquired or developed with Land and Water Conservation Fund assistance and shall be maintained in perpetuity for public outdoor recreation.
If Subrecipient removes the Project from outdoor public recreation either through the sale of the project area or a conversion to a non-outdoor public recreation, the Subrecipient acknowledges it is responsible for all costs associated with the replacement of the converted Project area and the subsequent construction of a new facility. Any replacement of the Project, in whole or in part, must be completed in compliance with the Manual and the Act. All conversion/replacement processes must be coordinated through and with the approval of the Department and NPS.
2) The Department shall approve such conversion only if it is in accord with the then existing State Comprehensive Outdoor Recreation Plan and only upon such conditions as deemed necessary to
assure the substitution of other recreation properties of at least equal fair market value and of reasonable equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement becomes subject to Section 6(f)(3) protection. The approval of a
conversion shall be at the sole discretion of the Secretary, or his/her designee. Prior to the completion of this project, the Subrecipient and the Department may mutually alter the area described in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided.
3) In the event the Department provides Land and Water Conservation Fund (“LWCF”) assistance for the acquisition and/or development of property with full knowledge that the project is subject to
reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses because of such right or interest being exercised will occur. In receipt of this approval, the Subrecipient agrees to notify the Department of the potential conversion as soon
as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and program regulations. The provisions of this paragraph are also applicable to leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Department; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Department.
4) In the event the project covered by the project agreement cannot be completed in accordance with the
plans and specifications for the project, the Subrecipient shall bring the project to a point of recreational usefulness agreed upon by the Subrecipient and the Department. 5) The Subrecipient further agrees, therefore, that the appropriate remedy in the event of a breach by the Subrecipient of this Agreement shall be the specific performance of this Agreement or the submission and approval of a conversion-of-use request as described above.
B. Project Maintenance The Subrecipient agrees that the property and facilities described in this Agreement shall be operated and maintained, at the sole expense of the Subrecipient, as prescribed by Manual requirements and published post-completion compliance regulations (Title 36 Part 59 of the Code of Federal Regulations), including the
following:
1. The property shall be maintained to appear attractive and inviting to the public.
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2. Sanitation and sanitary facilities shall be maintained in accordance with applicable State and local public health standards.
3. Outdoor recreation facilities should comply with all State and Federal legislation (e.g., 42 U.S.C. section 6901 et. Seq. and the National Institute for Occupational Safety and Health (NIOSH) as required and compliance will be indicated by signs posted in visible public areas, statements in public information brochures, etc.
4. Properties shall be kept reasonably open, accessible, and safe for public use. Fire prevention, lifeguard, and similar activities shall be maintained for proper public safety.
5. Buildings, roads, trails and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use.
6. The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility.
7. A posted LWCF acknowledgement sign shall remain displayed at the project site. C. Property Records
The Subrecipient agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of that agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the
Secretary. D. Hold Harmless/Indemnification Subrecipient agrees to protect, defend and hold State, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims,
demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of Subrecipient’s employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the act or omissions of Subrecipient and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of the State, under this Agreement.
E. Nondiscrimination 1. By signing this Agreement, the Subrecipient certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in the Manual at Chapter 8, Section D Availability to Users. These include, but are not limited to:
a. Discrimination based on race, color, national origin, religion, or sex. b. Discrimination based on residence. c. Discrimination based on disability; and d. Reasonable use limitations
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Part III – Project Assurances A. Project Application 1. The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of this Agreement.
2. The Subrecipient possesses legal authority to apply for the grant and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained
herein, and directing and authorizing the person identified as the official representative of the Subrecipient to act in connection with the application and to provide such additional information as may be required. 3. The Subrecipient possesses the capability to finance the total costs for the project and assures funds will be available for effective operation and maintenance of the facilities acquired or
developed by the Project.
B. Project Execution 1. The project period shall begin with the date of approval of this Agreement and shall terminate at the end of the stated or amended project period unless the Project is completed or terminated sooner in which event the Project shall end on the date of completion or termination. 2. To be eligible for matching assistance, costs must be incurred within the project period identified on this agreement. Development costs are first incurred at the start of actual physical work on the project site (such as clearing of ground, the beginning of construction, or delivery of materials to
the site). Costs are not incurred at some earlier time when contracts are signed, or purchase orders are issued. Costs incurred prior to the start of this agreement are not eligible for match or reimbursement.
3. The Subrecipient will cause work on the Project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the Project will be
prosecuted to completion with reasonable diligence.
4. The Subrecipient shall secure completion of work in accordance with the approved construction plans and specifications and shall comply with all applicable Federal and local laws and regulations, including, but not limited to: a) National Environmental Policy Act of 1969, as amended (P.L. 90-190, 42 U.S.C. § 4321, et seq.).
b) Protection and Enhancement of Environmental Quality (March 5, 1970, as amended by Executive Order 11991, May 24, 1977) Executive Order 11514. c) The Flood Disaster Protection Act of 1973 (12 U.S.C. § 24. 1701-1 Supp., 42 U.S.C.
§ 4001, et seq.). The Subrecipient will comply with the flood insurance purchase requirements of § 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93- 234, 87 Stat. 975. Section 102(a) requires the purchase of flood insurance in
communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood
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Insurance Administration of the Federal Emergency Management Agency. The phrase “Federal financial assistance” includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
d) Flood Plain Management and Wetland Protection, Executive Orders, 11988 and 11900. e) Environmental Justice in Minority and Low-Income Populations, Executive Order 12898.
f) Department of the Interior Environmental Compliance Memorandum (ECM) 95-2, addressing environmental impacts of proposed actions on Indian Trust Resources in any environmental document.
g) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970). The Subrecipient will comply with the terms of Title II and Title III and the applicable regulations and procedures implementing the act for all real property acquisitions and where applicable shall assure that the act has been complied with for property to be developed with assistance under this
Agreement. h) Federal Act for Protection and Restoration of Estuarine Areas (P.L. 90-454). i) Wild and Scenic Rivers Act of 1968 (P.L. 90-542) (16 U.S.C. § 1274, et seq.). j) The Rivers and Harbor Act of 1899 (33 U.S.C. § 401, et seq.). k) Executive Order 11990, Protection of Wetlands.
l) The Fish and Wildlife Coordination Act (16 U.S.C. §§ 661, 662). m) The Endangered Species Act of 1973 (16 U.S.C. § 1531, et seq.). n) The Antiquities Act of 1906 (16 U.S.C. § 431).
o) The Archeological and Historic Preservation Act of 1966, as amended (P.L. 89-665, 16 U.S.C. § 470, et seq.). p) Architectural Barriers Act of 1968 (Pub. L. 90-480, 42 U.S.C. § 4151 et seq.). q) The National Historic Preservation Act of 1966, as amended (P.L. 88-665, 16 U.S.C. § 470, et seq.).
r) Protection and Enhancement of the Cultural Environment, Executive Order 11593. s) Emergency Wetlands Resources Act of 1986 (P.L. 99-645); and t) Land and Water Conservation Fund Program of Assistance to States; Post
Completion Compliance Responsibilities (36 CFR Part 59).
5. The Subrecipient shall secure completion of the work in accordance with approved construction
plans and specifications and shall secure compliance with all applicable Federal, State, and local laws and regulations.
6. The Subrecipient will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications. Additionally, Subrecipient will furnish progress reports and such other information as the Department may require. 7. The Subrecipient will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Project are not listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities, pursuant to 40 CFR, Part 15.20 and that it
will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the Project is under consideration for listing by the EPA.
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8. The Subrecipient will comply with “Minority Business Enterprises” and “Women’s Business Enterprises” pursuant to Executive Orders 11625, 12138 and 12432 and 2 C.F.R. 200.321, as follows: a) Place qualified minority and women business firms on bidder’s mailing lists.
b) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services. c) Where feasible, divide total requirements into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises.
d) Where the requirement permits, set delivery schedules that will encourage participation by these firms; and,
e) As appropriate, using the services and assistance of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce
If subcontracts are issued by Subrecipient, Subrecipient is responsible to ensure subcontractors take affirmative steps as identified in 7 a-e.
The State is committed to the objectives of this policy and encourages all recipients of its grants
and cooperative agreements to take affirmative steps to ensure such fairness. The Department will work closely with the Subrecipient to ensure full compliance and that grant
recipients take affirmative action in placing a fair share of purchases with minority business firms. C. Land Acquisition Project Documentation Subrecipient acknowledges that no land acquisition is permitted as part of this agreement.
D. Procurement Standards All non-Federal subrecipients must follow the procurement standards in 2 C.F.R. 200 §§ 318 through 327, paying specific attention to 2 C.F.R. 200.321, Contracting with small and minority businesses, women’s business enterprises and labor surplus area firms. 1. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open, and free competition. Generally, sealed bids (formal advertising) are the preferred method for procuring construction when a complete, adequate, and realistic specification or purchase description is available; two or more responsible bidders are willing and able to compete effectively for business; and the procurement lends itself to a firm fixed price contract and the selection of the bidder can be made principally based on price. 2. Subrecipients must have and use documented procurement procedures, consistent with the
standards of 2 C.F.R. 200 §§ 318 through 327 for the acquisition of property or services required under a Federal subaward.
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3. Subrecipient shall make positive effort to use small businesses, minority-owned firms, and women’s business enterprises, wherever possible. (See Part B, Section 3, Number 8 of this agreement.) 4. The Subrecipient shall inform all bidders on contracts for construction that Federal funds are being used to assist in construction.
5. No contract may be awarded by Subrecipient to any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the Subrecipient certifies that it will comply with debarment and suspension provisions appearing in the Special Conditions
(Appendix C) herein. 6. The Subrecipient shall include the following in all contracts: a) “Equal Opportunity Clause,” in compliance with Executive Order 11246, as amended by Executive Order 11375, and as supplemented by Department of Labor
regulations (41 CFR Part 60). Mandatory for contracts more than $10,000.
b) Provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as may be appropriate. c) Suitable provisions for termination by the Subrecipient including how it will be affected and the basis for settlement. In addition, such contracts may be terminated
for default, as well as conditions under which the contract may be terminated due to circumstances beyond the control of the contractor.
d) A provision to the effect that the Subrecipient, the State, the Comptroller of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor, which are directly pertinent to the project, for the purpose of making audits, examination, excerpts, and transcriptions.
e) Maintain statutory workmen compensation, liability, and property damage insurance.
7. All contracts more than $100,000 shall include the following:
b) A provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. § 874). This act provides that each contractor shall 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 is otherwise entitled. c) A provision that requires the contractor to comply with all applicable standards,
orders, or regulations issued pursuant to the Clean Air Act of 1970, the Federal Water Pollution Control Act, Executive Order 11738, and EPA regulations (40 CFR Part 15).
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d) Where applicable, a provision for compliance with the Contract Work Hours and Safety Standards Act, §§ 102 and 107 (40 U.S.C. §§ 327-333), as supplemented by the Department of Labor regulations (29 CFR Part 5). E. Project Costs
Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the
Manual and the Uniform Guidance. It is expressly agreed and understood by the Subrecipient that only
those Project expenditures incurred within the project period specified by this Agreement and identified in
the Project Budget (Appendix B) will be subject to reimbursement under this Agreement, except as may
be otherwise provided by the Manual.
1. The Subrecipient hereby represents to and assures the Department that it has available sufficient funds to meet its share of the cost of the Project and has the good faith intention of using such funds for completing the Project, and that no financial assistance has been received, promised, or committed under any other Federal program regarding the specific proposals
covered by this agreement.
2. The Department will commit to the Subrecipient applicable Federal funds awarded to the Department by the National Park Service for the Project as outlined in the Application. 3. It is understood that the Department will withhold five percent of the Federal reimbursement until the entire Project scope as outlined in the grant application and this Agreement is complete and open to the public for use.
4. The Subrecipient agrees to make immediate monetary restitution for any disallowances of costs or expenditures on unauthorized activities which are disclosed through audit or inspection by
the Department. 5. The Subrecipient must submit eligible costs and expenditures equaling or exceeding the
Subrecipient’s Total Project Cost (direct and indirect), as detailed on the Subrecipient Agreement Cover Sheet of this Agreement before the project can be closed out by the Department. a. The Subrecipient must document and provide to the Department the method of valuation and charges for volunteer services, materials, and equipment prior to the donations being applied to reimbursement requests for such contributions to be considered as part of the Subrecipient’s matching share. Specific procedures for placing the value on in-kind contributions from private organizations and individuals are identified in 2 C.F.R. 200.434 and the Manual.
6. The Subrecipient will prepare and submit billing statements of eligible Project expenditures to the Department by email to Olivia.Hollis@mt.gov or by mail to Olivia Hollis, PO Box 200701, Helena, MT 59620.
F. Project Administration
1. The Subrecipient shall promptly submit such reports and documentation as the Department may request.
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2. The Subrecipient may use any generally accepted accounting system, provided such system meets the minimum requirements set forth in the Manual and supplemental instructions which may be issued by the Department.
3. Properties and facilities acquired or developed with Federal assistance shall be available for inspection by the Department and/or the NPS at any time.
4. Any deviations, which will result in any change of Project scope or objectives, shall be submitted in a timely manner to the Department for approval.
5. Pursuant to the LWCF conversation requirements at 36 C.F.R. section 59.3 and the Financial Assistance Interior Regulation (FAIR) at 2 C.F.R. 1402.329, the UASFLA, commonly referred to as the “Yellow Book,” shall be used by state and local appraisers in the preparation of appraisals for federal LWCF-assisted acquisitions, donations if used for a federal match, and land exchanges for conversions. Subrecipients must provide to the Department a copy of their Appraisal reports along with an administrative review report for all acquisition projects. A review and approval of all reports must occur by the Department before reimbursement payments with federal funds
are disbursed.
6. All development plans and specifications, not previously provided, shall be submitted for
approval by the Department prior to commencement of any site preparation or construction and no such site preparation or construction may be undertaken until so approved. When approved, development plans and specifications will become a part of this Agreement and execution of the
project must be in accord with the approved plans and specifications. G. Signage
Subrecipient must install permanent signs to acknowledge the federal-state-local partnership role. Signage must be continuously maintained at the site. Signs are supplied by the Department at the end of
the project. H. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 2 CFR 200 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved.
2. The retention period starts from the date of the final expenditure report for the project. 3. Subrecipients are authorized to substitute copies in lieu of original records.
4. The Department, the Secretary, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records
of the State and local governments and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts, and transcripts.
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I. Project Termination 1. The Department may temporarily suspend Federal assistance under the project pending corrective action by the Subrecipient or pending a decision to terminate the grant by the Department.
2. The Subrecipient may upon written notice to the Department unilaterally rescind this Agreement at any time prior to the commencement of the Project. After Project commencement, this Agreement may be rescinded, modified, or amended only by mutual agreement. The Project shall be deemed commenced when the Subrecipient makes an expenditure or incurs any obligation with respect to the Project.
3. The Department may terminate the Project in whole, or in part, at any time before the date of completion, whenever it is determined that the Subrecipient has failed to comply with the conditions of the grant. The Department will promptly notify the Subrecipient in writing of the determination and the reasons for the termination, together with the effective date. Payments made to Subrecipients or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the Parties. Such termination may result in declaration by the Department that Subrecipient is ineligible to receive Federal Funds for future projects. 4. The Department or Subrecipient may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The Parties shall agree upon the termination conditions, including the effective date and, in the case of partial
termination, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The State may allow full credit to the Subrecipient for the Federal share of the
noncancelable obligations, properly incurred by the Subrecipient prior to termination. 5. Termination either for cause or for convenience requires that the Project in question be brought to
a state of recreational usefulness agreed upon by the Subrecipient and the Department or that all funds provided by the LWCF be returned to the Department. J. Lobbying with Appropriated Funds The Subrecipient must certify that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, 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, extension, continuation, renewal, amendment, or modification of this grant. (See Appendix D.) K. Provision of a Drug-Free Workplace In compliance with the Drug-Free Workplace Act of 1988, 41 U.S.C. § 8101, et seq., the Subrecipient certifies that it will or will continue to provide a drug-free workplace.
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L. Civil Rights Assurance The Subrecipient certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to:
1. Title VI of the Civil Rights Act of 1964 at 43 C.F.R. Part 17, Subpart A. 2. Section 504 of the Rehabilitation Act of 1973 at 43 C.F.R. Part 17, Subpart B.
3. Non-Discrimination based on Age at 43 C.F.R. Part 17, Subpart C 4. ADA Title II at 28 C.F.R. Part 35. 5. ADA Accessibility Guidelines, 28 CFR 36.
6. Title IX of the Education Amendments of 1972 at 43 CFR 41; and
7. Limited English Proficiency (Executive Order 13166), 28 CFR 42.104(b)(2) The Subrecipient assures it will immediately take any measures necessary to effectuate this Agreement.
This assurance shall apply to all aspects of the Subrecipient’s operations including those parts that have not received or benefited from Federal financial assistance.
M. Conflict of Interest
1. No official or employee of the State or Subrecipient who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this Project shall have any financial or other personal interest in
any such contract or subcontract. 2. No person performing services for the Subrecipient in connection with this Project shall have a
financial or other interest other than his employment or retention by the Participant, in any contract or subcontract in connection with this Project. No officer or employee of such person retained by the Subrecipient shall have any financial or other personal interest in any real property acquired for this Project unless such interest is openly disclosed upon the public records of the Subrecipient, and such officer, employee or person has not participated in the acquisition for or on behalf of the Subrecipient.
3. No member of or delegate to Congress shall be admitted to any share or part of this Agreement,
or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefits.
4. The Subrecipient shall be responsible for enforcing the above conflict of interest provisions. N. Hatch Act
No officer or employee of the Subrecipient whose principal employment is in connection with any activity which is financed in whole or in part pursuant to this Agreement shall take part in any of the
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political activity proscribed in the Hatch Political Activity Act, 5 U.S.C. 118K, with the exceptions therein enumerated. O. Build America Buy America Act
Note: This term effective as of January 13, 2023. For more information on DOI’s approved waiver, see: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal
award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.
Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
1. all iron and steel used in the project are produced in the United States--this means all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States; 2. all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3. all construction materials are manufactured in the United States—this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before
the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
For further information on the Buy America preference, please visit https://www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: https://www.whitehouse.gov/omb/management/made-in-america.
Waivers When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may
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waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:
1. Non-availability Waiver: 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;
2. Unreasonable Cost Waiver: 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; or 3. Public Interest Waiver: applying the domestic content procurement preference would be
inconsistent with the public interest. There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.
If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials. If a general applicability waiver does not already apply, and a recipient believes that one of the above
circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to https://www.doi.gov/grants/buyamerica and are subject to public comment periods of
no less than 15 days. Waiver requests will also be reviewed by the Made in America Office. 1. Type of waiver requested (non-availability, unreasonable cost, or public interest). 2. Requesting entity and Unique Entity Identifier (UEI) submitting the request. 3. Department of Interior Bureau or Office who issued the award.
4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of
Award) 5. Financial assistance title of project (reference block 8 on DOI Notice of Award). 6. Federal Award Identification Number (FAIN). 7. Federal funding amount (reference block 11.m. on DO Notice of Award).
8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent
known). 9. Infrastructure project description(s) and location(s) (to the extent known). 10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if
known), and relevant PSC or NAICS code for each.
11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.
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12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a
justification may cite, if applicable, the absence of any Buy America-compliant bids received in
response to a solicitation. 13. Anticipated impact if no waiver is issued. Approved waivers will be posted at https://www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer.
Questions pertaining to waivers should be directed to the financial assistance awarding officer. Definitions “Construction materials” includes an article, material, or supply that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
• glass (including optic glass);
• lumber; or
• drywall.
“Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. “Domestic content procurement preference’’ means all iron and steel used in the project are produced
in the United States; the manufactured products used in the project are produced in the United States;
or the construction materials used in the project are produced in the United States. “Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime
facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water
systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.
‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States.
Part IV – Subrecipient Monitoring/Compliance The Subrecipient agrees, as the recipient of this assistance, that it will meet the following specific requirements
regarding compliance requirements of 2 CFR 200 and will work with the Department’s Federal Assistance and Compliance Bureau in ensuring the requirements of 2 CFR 200 are met:
A. The Subrecipient will participate in an initial risk assessment conducted by the Department prior to and during the term of this Agreement.
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B. The Subrecipient will participate in annual reporting as a condition of acceptance of the Federal Funding. Status reports are due to the department on the following schedule:
Reporting Period Status Report Due Date
October 1 – September 30 October 31
C. The Subrecipient will participate in onsite monitoring conducted by the Department. The Department may conduct onsite monitoring visits with Subrecipient during the term of this Agreement to ensure Project goals and objectives as outlined in the Project Application are on track. The Department may also request the meetings as problems arise. The Subrecipient’s failure to participate in any monitoring visits, missing or rescheduling two consecutive monitoring visits, or Subrecipient’s failure to make a good faith effort to resolve problems may result in termination of this Agreement.
D. The Subrecipient will annually complete the Subrecipient Survey provided by the Department’s Financial Assistance and Compliance Bureau.
All project management and coordination on State’s behalf must be through the Project and/or Contracting &
Financial Liaison identified below. Subrecipient shall designate a Project Liaison and Contracting & Financial Liaison that will serve as points of contact for management and coordination of Subrecipient’s work. All work performed under this Agreement must be coordinated between State’s Project Liaison and Subrecipient’s Project Liaison.
Olivia Hollis is State’s Project Liaison PO Box 200701 Helena, MT 59620-0701 Telephone: 406-444-3791 Email: Olivia.Hollis@mt.gov
Angela Allen is State’s Financial Liaison PO Box 200701 Helena, MT 59620-0701 Telephone: 406-444-2609 Email: Angela.Allen@mt.gov
Addi Jadin is Subrecipient’s Project Liaison 415 N. Bozeman Ave. Bozeman, MT 59715 Telephone: 406-582-2908
Email: Addi.jadin@bozemanmt.gov Jamie Grabinski is Subrecipient’s Financial Liaison 121 N. Rouse Ave. Bozeman, MT 59715 Telephone: 406-528-2364 Email:jamie.grabinski@bozemanmt.gov
State’s liaison(s) and Subrecipient’s liaison(s) may be changed by written notice to the other party. Written notices, requests, or complaints must first be directed to the Contracting & Financial Liaison. Notice may be provided by personal service, mail, or facsimile. If notice is provided by personal service or facsimile, the notice is effective upon receipt; if notice is provided by mail, the notice is effective within three business days
of mailing. A signed and dated acknowledgement of the notice is required of both parties.
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The parties through their authorized agents have executed this Agreement on the dates set forth below.
STATE OF MONTANA Fish, Wildlife & Parks PO Box 200701 Helena, MT 59620-0701 By:
(Name/Title)
CITY OF BOZEMAN 121 N Rouse Ave
Bozeman, Montana 59715 UEI #: EEAPKALAEM35
By: (Name/Title)
(Signature) (Signature)
(Date)
Approved as to Legal Content:
(Date)
Fish, Wildlife & Parks Legal Counsel (Date)
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Chuck Winn City Manager
5/12/2026
Olivia Hollis
5/13/2026
ASLO
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Subrecipient Agreement Cover Form
1. SUBRECIPIENT ORGANIZATION City of Bozeman
2. SUBRECIPIENT CONTACT (Includes mailing information with four- digit zip code extension, telephone, and email) Jamie Grabinski 121 N Rouse Ave, Bozeman , Montana 59715 Telephone: (406) 582-2364 Email: Jamie.Grabinski@bozemanmt.gov
3. SUBRECIPIENT UNIQUE ENTITY IDENTIFIER: EEAPKALAEM35
5. SHORT PROJECT TITLE Bikefill Bike Park Development
6. FWP PROJECT LIAISON Olivia Hollis, Olivia.Hollis@mt.gov (406) 444-3791 7. FWP FINANCIAL LIAISON Angela Allen; Angela.Allen@mt.gov (406) 444-2609
4. SUBRECIPIENT TYPE
City
8. PERIOD OF PERFORMANCE
START DATE: 04/10/2026
END DATE: 04/09/2029
9. AWARD TO SUBRECIPIENT THIS ACTION $750,000 10. FED. FUNDS COMMITTED ON THIS ACTION $750,000 11. NON-FED. FUNDS COMMITTED THIS ACTION $2,347,789
12. TOTAL PROJECT COSTS $3,097,789 13. TOTAL FED FUNDS COMMITTED ON THIS CONTRACT $750,000
14. TOTAL NON-FED FUNDS COMMITTED ON THIS CONTRACT $2,347,789 15. IS THIS RESEARCH & DEVELOPMENT YES☐ NO☒
16. SUBRECIPIENT MATCH REQUIREMENT 50% Non-Federal Match
17. SUBRECIPIENT INDIRECT COST RATE AND TERMS (IF CHARGING INDIRECT COSTS, PLEASE ATTACH 1) COPY OF NEGOTIATED RATE FROM THE COGNIZENT AGENCY, OR 2) IF DE MINIMIS RATE IS USED, ATTACH A COPY OF CURRENT FINANCIAL STATEMENTS. BY SIGNING THIS CONTRACT, SUBRECIPIENT CERTIFIES COMPLIANCE WITH 2 CFR 200.414 IN RELATION TO THE DE MINIMIS RATE) Indirect Costs are 0.32% for the 2026 Fiscal Year through June 30, 2026.
18. FEDERAL AWARD PROJECT DESCRIPTION: (REQUIRED FOR FFATA): The City of Bozeman will create Bikefill Bike Park. This project will construct a new access road and parking lot, mountain bike trails with skills features, pump tracks, and pathway to Snowfill Recreation Area; and install restrooms, shade structures, site furnishings, and signage.
19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL
A. FUNDING SOURCE (FS)
USDOI/NPS
LOCAL FUNDING MATCH
B. NPS AWARD DATE TO FWP
04/09/2026
NA
C. FAIN - FEDERAL AWARD IDENTIFICATION NUMBER
P26AP00333
P26AP00333
D. TOTAL FED. AWARD TO FWP
$750,000
$2,347,789
E. TOTAL OBLIGATION TO SUBRECIPIENT
$750,000
$2,347,789
F. ASSISTANCE LISTING NUMBER AND NAME
15.916 Outdoor Recreation Acquisition Development and Planning LWCF
Local Funding Match $3,097,789
GRAND TOTAL (should equal 12 above)
Appendix A
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Appendix B Project Budget
Budget includes the indirect costs incurred by Montana Fish, Wildlife & Parks that are associated with the administration of the LWCF grant. This amount is calculated annually by Montana Fish, Wildlife & Parks and the rate is negotiated with the Department of Interior. The current approved rate is 0.32% for the period 7/1/2025 – 6/30/2026. The effective rate will be assessed based on the date of the
reimbursement request submitted by the subrecipient. The indirect cost figures in the chart below are only estimates and may differ from the actual rate charged.
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City of Bozeman
Bikefill Bike Park Development #30-00795
Original Budget Total Cost
Parking Improvements (100 Parking Spaces)1,041,721.00$
Design and Engineering**231,100.00$
Mobilization and Insurance 86,852.00$
Builder's Risk and Owners & Contractors Protective Liability Insurance 4,000.00$
Payment and Performance Bonds 3,500.00$
Traffic Control 12,000.00$
Storm Water Management and Erosion Control 20,000.00$
Unclassified Excavation 36,000.00$
Stripping, Stockpile, and Spreading Topsoil Parking & South Approach (6-inches)8,470.00$
Stripping, Stockpile, and Spreading Topsoil Parking & North Approach (6-inches)1,222.00$
1 1/2-inch Base Course Gravel - Parking & South Approach Area (12-inch Thick)69,297.00$
1 1/2-inch Base Course Gravel - Parking & North Approach Area (12-inch Thick)10,000.00$
Asphalt Surface Course - Parking and South Approach (3-inch Section)184,791.00$
Asphalt Surface Course - Parking and North Approach (3-inch Section)26,667.00$
Mirafi 180N Separation Fabric Parking & South Approach 23,099.00$
Mirafi 180N Separation Fabric Parking & North Approach 3,333.00$
4-inch Concrete Sidewalk & 6-inch Base Course 60,480.00$
Curb and Gutter Parking & South Approach 58,375.00$
Curb and Gutter North Approach 13,875.00$
Drainage pond(s) and conveyance/inlets 50,000.00$
Chain link fence & gate 128,660.00$
Seeding 10,000.00$
Bikefill Bike Park 2,053,668.00$
Design and Master Plan**151,575.00$
Mobilization 25,000.00$
Per Diem/Housing 48,000.00$
Beginner/Adaptive Flow Trails 44,000.00$
Intermediate Flow Trails 90,000.00$
Advanced Flow Trails 99,000.00$
Cyclocross Built Trail Features 12,000.00$
XC Trails 94,500.00$
Asphalt Pump Tracks 300,000.00$
Skills Area 50,000.00$
Slope Style Course (Progressive Ramp CO Fabricated Features)400,000.00$
Park Amenities/Community Hub 150,000.00$
Site Work/Dirt Screening 38,000.00$
Access Road Improvements (Connection from McIlhattan Road to Parking Lot)50,000.00$
Additional Labor 50,000.00$
Contingency*451,593.00$
Total Direct Costs 3,095,389.00$
Indirect Costs (0.32% of LWCF share)2,400.00$
Total Project Cost 3,097,789.00$
LWCF Share Total Cost (24.210816165%)750,000.00$
Local Share Total Cost (75.789183835%)2,347,789.00$
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Appendix C Special Conditions
Applies to all agreements, contracts and collaborative agreements initiated by Montana Fish, Wildlife & Parks 1. SAM / UEI. Subrecipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide system officially designated by OMB). Subrecipient agrees to obtain a Unique Entity ID (UEI) number and to maintain a current registration. The details and processes for registration are available at https://sam.gov/. 2 C.F.R. 200.331. Subrecipient further provides that it shall not enter into any subaward, contract or other agreement using funds provided hereunder with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. Exclusions can be searched for using the SAM website https://sam.gov/search/?index=ex&page=1&pageSize=25&sort=-relevance&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL. More information on searching for exclusions can be found here: https://www.doi.gov/pam/suspension-debarment/search-exclusions. 2. Suspension/Debarment. Subrecipient confirms it is not debarred, suspended, or otherwise listed on the System for Award Management (SAM) Excluded Parties List. 2. C.F.R. Appendix II (I).
3. Subrecipient agrees to register with the Montana Secretary of State. Business that are incorporated in another state or country, but which are conducting activity in Montana, must determine whether they are transacting business in Montana in accordance with §§ 35-1-1026 and 35-8-1001, MCA. Such businesses may want to obtain guidance of their attorney or accountant to determine whether their activity is considered transacting business. If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444-3665 or visit their website at http://sos.mt.gov. 4. Approved Project/Program. Grant funds may be used only for the purposes in the Subrecipient’s approved program/project. The Subrecipient shall not undertake any work or activities that are not described in the grant project/program.
5. Availability of Funds. This grant award is conditional upon availability of government funds and may be reduced at any time due to budget reductions.
6. Non-committal to Future Funding. Award of this grant does not commit the Department to future funding. 7. Misuse of Award Funds. The Subrecipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 8. Identical Cost Items for Multiple Awards. The Subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those award funds have been, are being used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the Subrecipient will promptly notify, in writing, the Department grant manager to eliminate any inappropriate duplication of funding. 9. Reversion of Unexpended Funds. Any funds not properly expended during the grant period shall lapse and revert to the Department.
10. Project Income. No projects administered by the Department and funded through Federal funding sources should
produce an income stream. See 2 C.F.R. 200.77 Program Income for definition of what is considered program income. If there is a possibility that the project will produce income, subrecipient must confer with Program Coordinator prior to commencement of project.
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11. Cancellation of Award. Subrecipients are required to provide an implementation timeline with the Project description. Projects that do not include a timeline of implementation are subject to the following condition:
a. COMMENCEMENT. If a project is not operational within the time frame identified in this Agreement, the Subrecipient must report by letter to the Department the steps taken to initiate the Project, the reasons
for delay, the expected start date, and the impact the delay may have on the scheduled completion deadline.
12. Indirect Cost Rate:
b. A Subrecipient that has an established Federally Approved Indirect Cost Rate agreement in place may request reimbursement for indirect costs. Subrecipients must provide a copy of the organization’s Federal Indirect Cost Negotiation Agreement with the signed agreement.
c. De Minimis Indirect Cost Rate. A Subrecipient that is eligible under the Part 200 Uniform Requirements to use the “de minimis” indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the “de minimis” indirect cost rate, must advise the Department in writing of both its eligibility and its election and must comply with all associated requirements in the Part 200 Uniform Requirements. The “de minimis” rate may be applied only to modified total direct costs. 13. Single Audit Requirement. Subrecipients are required to allow State access to Subrecipients’ records and financial statements as required under the Uniform Guidance. Subrecipients who receive less than $1,000,000 in federal funds during the fiscal year are exempt from audit but are required to have available records for review or audit by State. Subrecipients who expend $1,000,000 or more in federal funds during its fiscal year are required to have a single audit conducted in accordance with 2 C.F.R. 200.514 or undergo a program-specific audit. 14. Personnel Time and Attendance Records. Subrecipient must maintain time and attendance records to support personnel costs associated with grant project.
15. Travel Reimbursement. Travel and associated costs are only eligible if they are necessary for accomplishing the
objectives in the agreement and have been included in the budget narrative and project description.
State rates for mileage, per diem, and lodging are discussed below and are the maximum amounts that can be
charged by subrecipients funded by the Department. A Subrecipient may utilize its own travel policy and rates
provided those rates do not exceed Federal rates. Subrecipient must provide Department with copy of policy with
signed agreement.
Grant funds may not be used to pay for out-of-state travel without prior approval from MFWP.
Grant funds cannot be used for costs and fees associated with cancellation or changes to travel, (i.e., airline,
hotels, registration, etc.) unless approved by MFWP.
MEALS
To claim reimbursement for a meal, Subrecipient must be in a travel status for more than three continuous hours
within one of the time ranges. To receive the morning meal, you must leave before 7:00AM and to receive the
evening meal you must return after 6:01PM.
Current per diem meal allowance rates effective April 11, 2023, are as follows:
Meals Allowance: In-State Out-of-State
Morning Meal (12:01AM-10:00AM) $ 8.25 $13.00 Midday Meal (10:01AM-3:00PM) $ 9.25 $15.00 Evening Meal (3:01PM-12:00AM) $16.00 $26.00
Total $33.50 $54.00 MILEAGE Subrecipients may request mileage reimbursement based on the date the travel was performed at the standard
mileage rate published by the US Internal Revenue Service, which is updated each Jan 1st.
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LODGING Subrecipients may request lodging reimbursement of room and tax based on the date the travel was performed
utilizing the state approved lodging rates. As with all direct expenses, an itemized receipt must be provided to claim reimbursement.
16. Vehicle Usage Rate: Programs must utilize the State’s motor pool rate or the straight mileage rate for the duration
of the grant. The rate must be tracked per project and reported accordingly.
17. Consultant Services. Consultant services provided by consultants employed with for-profit, nonprofit, and not-for- profit organizations are subject to competitive bidding procedures. Contracted services provided by other types of organizations may also have restrictions. Please check with Program Manager prior to committing grant funds.
18. High-Risk Subrecipient. The Subrecipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the Department determines that the recipient is a high-risk
grantee. See 2 C.F.R. 200.331(b) and 2 C.F.R. 200.331(e). 19. Reduce Text Messaging While Driving. Pursuant to Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages Subrecipients
to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers. 20. Seat Belt Provision. The Subrecipient is encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. These
measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them.
21. Trafficking in Persons. This award is pursuant to paragraph (g) of section 106 of the Trafficking Victims Protections Act of 2000, as amendment (2 CFR §175.15).
22. Compliance with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in U.S. Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded more than $10,000 by grantees and their contractors or subrecipients.)
23. Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in U.S. Department of
Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair.)
24. Compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970, the Federal Water Pollution Control Act, Executive Order 11738, and Environmental Protection Agency regulations
(406 CFR Part 15).
25. Compliance with Montana Environmental Policy Act, § 75-1-101, et seq, MCA.
26. Compliance with §§ 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-330) as supplemented by U.S. Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by
grantees and subrecipients more than $2,000, and more than $2,500 for other contracts which involve the employment of mechanics or laborers.)
27. Compliance with 41 U.S.C. § 4712, Enhancement of Recipient and Subrecipient Employee Whistle Protection: (a)
This award, related subawards and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards and related contracts over the simplified acquisition threshold are
subject to the whistleblower rights and remedies established at 41 USC § 4712; (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform
their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights
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and protections under 41 USC § 4712; (c) The recipient shall insert this clause, including this paragraph, in all subawards and in contracts over the simplified acquisition threshold related to this award.
28. Compliance with notice of awarding federal agency requirements and regulations pertaining to reporting. 29. Compliance with notice of awarding federal agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed during or under such contract.
30. Compliance with awarding federal agency requirements and regulations pertaining to copyrights and rights in data.
31. Compliance with equal opportunity to participate in and benefit from programs described is available to all
individuals without regard to their race, color, religion, national origin or ancestry, sex, age, handicap, disability, sexual orientation, gender identity, military or veteran status or political affiliation. Complaints of discrimination
should be sent to the Office of Human Resources, Montana Department of Fish, Wildlife & Parks, 1420 E. Sixth Avenue, Helena, Montana 59601. 32. Compliance with all applicable provisions of the Federal Funding Accountability and Transparency Act of 2006.
44 U.S.C. § 3501 (“FFATA”). As of March 1, 2011, recipients of federal grants and contracts, including the Department, must comply with subrecipient reporting requirements under the FFATA. Under FFATA, the
Department is required to report on newly issued first tier subgrants of $25,000 or more. The information reported will be made available to the public on the USASpending.gov website. The reports filed pursuant to FFATA include the following information: d. Name of entity receiving the award. e. Amount of the award. f. Information on the award including transaction type, funding agency, program source, award title and assistance listing number.
g. Location of the entity receiving the award and primary location of performance under the award, including city, state, congressional district, and country. h. UEI Number of the entity receiving the award or the parent entity of the recipient; and i. Names and total compensation of the five highest compensated officers of the entity if, during the
preceding fiscal year, it received: (a) 80 percent or more of its annual gross revenues in federal awards, and (b) $25 million or more in annual gross revenues from federal awards; and if the public does not have
access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of
1976. 33. Compliance with all applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Act of 2014, and as amended 2020.
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Appendix D
Lobbying Certification
In compliance with 31 U.S.C. § 1352, the Subrecipient 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 an agency, a member of Congress, and 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.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify 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 31 U.S.C. § 1352. 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.
Signature of Certifying Official
Printed Name & Title of Certifying Official
Name of Subrecipient
Date
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