FINANCE COMMITTE Packet 11192024CITY OF MUSKEGO
FINANCE COMMITTEE AGENDA
11 /19/2024
5:30 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC MEETING NOTICE
NEW BUSINESS
C4 of
ISKEGO
�
Recommend Approval of Athletic Field Usage Policies and Procedures & Park Arthur Tournament
Application
Memo - 2025 Athletic Field Usage Policies and Procedures.docx
Facility Request and Policies Form 2025.docx
Tournament Form Park Arthur 2025.docx
Recommend Approval of Letter of Credit Reduction (Peach Lane LLC-Twin Silos Subdivision)
Common Council - Twin Silos LOC Reduction 2.docx
LOC2-TwinSilosMNP.pdf
Recommend Approval of Award of Bid (Boxhorn Dredging Project)
Finance Memo - Boxhorn Dredging Project.docx
2024 Boxhorn Dredge Proposal 07082024 revised T&C_City of Muskego.pdf
Client_Final.pdf
Recommend Approval of a Resolution to Support Receipt of Grant Funding (State & Local
Cybersecurity Grant Program)
Combined Grant For CC.pdf
FINANCE DIRECTOR'S REPORT
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE
MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN
BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY
REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS
THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT
MUSKEGO CITY HALL, (262) 679-4100.
CITY OF MUSKEGO
Staff Report to Parks and Recreation Board
To: Parks and Conservation Committee
From: Tammy Dunn, Recreation Manager
Subject: Athletic Field Usage Policies and Procedures & Park Arthur Tournament
Application
Date: November 4, 2024
This policy that was updated in 2022 to re -structure fees, add field maintenance costs and
make general changes to the policy. It also included the changes to reflect the turfing of
Park Arthur fields 1-2-3. With Park Arthur field #4 now turfed, the policy and procedures
form must again be changed to include this field with the others for fee charges.
Attached is the updated policy with the suggested field use categories, modified usage
fees for turf and non -turfed fields games and/or practices, inclusion of all tournament
requests/costs into this policy and general policy changes. All proposed changes are listed
in red.
Please note, there is no proposed fee increase for 2025 other than now charging the turf
field fee for Park Arthur 4.
Requested action — Committee approval on new policy. Once approved new policy will
move on to Finance Committee for approval of fees.
Page 1 of 1
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CITY OF MUSKEGO — RECREATION DEPARTMENT
2025 ATHLETIC FACILITY REQUEST & POLICY
League Director:
Full Address:
Cell Phone
Percentage Muskego residents in program:
Email:
BASEBALL/SOFTBALL FIELD(S) LOCATION: (*90'-basepegsavailable):
PLEASE CHECK REQUESTED FACILITIES
Traditional Ballfield — Dirt infield/Grass outfield
NO LIGHTS
Traditional Hardball field with raised
mound/grass infield
Non-traditional Ballfield — LIGHTS
Turfed infield/grass outfield
Bluhm Farm I
Kurth Park
Horn Park*
Park Arthur #1
Bluhm Farm II
I
Jensen Park
I
Park Arthur #2
Bluhm Farm III
Denoon Park*
Park Arthur #3
Bluhm Farm IV
Park Arthur #4* Hardball
SOCCER FIELD(S) LOCATION:
Denoon (UPPER -roadside)
Kurth Park (MIDDLE)
Manchester Hill
Denoon (MIDDLE -school)
Kurth Park (NORTH -tennis)
Moorland (EAST -skateboard side)
Kurth Park (SOUTH -Woods Rd)
Moorland (WEST -playground side)
FOOTBALL/RUGBY FIELD LOCATION:
Bluhm Park
Date(s) of Requested Use: Season Start: Season End:
Game Time: From to "Park hours: no use before 8AM and completely off fields by 10PM
Maintenance requested
Equipment needs
**City does not provide bases for ballfields except for Park Arthur 1-2-3-4. Soccer goals are property of Muskego Kickers. Rugby end goals property of Muskego Rugby
1 agree to abide by the rules, regulations, and policies as set forth by the Parks and Conservation Committee. In consideration of the foregoing, 1, for myself, my
heirs, assigns, beneficiaries and personal representatives, waiver and release any and all rights and claims for damages I or my child may have against the City
of Muskego and all agents and persons acting for and on behalf of all entities as a result of my participation in any activity sponsored by these groups. 1 have
read through the Insurance Requirements section and understand that 1 may not start use of City of Muskego facilities until the appropriate paperwork has
been submitted.
Applicant's Signature
Approved Disapproved
Current Insurance Forms on file: ❑Yes ❑No
Application Received:
Field Usage Fee: $ Maintenance Fee: $_
AMOUNT COLLECTED: $
Date:
Note all reasons for withholding any refund or deposit :
Date
Authorized Signatory, Recreation Department
Total Useage Fees:
Security Deposit: $ Lights: $
CK Cash By
4
CITY OF MUSKEGO PARKS & RECREATION
ATHLETIC FIELD USAGE POLICIES AND PROCEDURES
Please be sure to read all sections, as this document is revised annually. Every league/coach is
accountable and responsible to abide by these policies/procedures.
Category Levels for Field Usage
• Category I —Recreation Department. Adult/Youth Programs (e.g., instructional classes, adult
men's & women's leagues) offered and administered by the Recreation Department.
• Category II—Muskego-based Youth Leagues. Those organizations that retain no less than a 100%
residency rate and are league based within Muskego city limits (e.g., Muskego Athletic Association,
Muskego Warriors Football, Muskego Kickers Soccer). To be qualified for this category, each team
participating in a game/scrimmage must be made up of 100% Muskego residents.
• Category 111— Muskego/Norway School District Athletic and School Programs. Those
activities/teams that function under the jurisdiction of the MNSD and use city fields and facilities
for their practices, games and special events.
• Category IV—Non-Muskego-based Traveling Leagues, Adult/Youth. Those organizations that
retain less than a 75% residency rate and organization may or may not be based within Muskego
city limits (e.g. Leagues: Muskego Warriors baseball/football, Muskego Storm (boys/girls), Muskego
Rebels, Muskego Raiders, Kickers Traveling Teams, Boys and Girls Rugby, etc.) as well as
Milwaukee/Waukesha area traveling teams. This category includes teams who are 75% Muskego
resident competing against teams of non-residents.
Insurance Requirements are mandatory for all Category 11, IV organizations
Organization shall, at its expense, obtain and carry comprehensive general liability insurance with
combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least
Two Million Dollars ($2,000,000.00) per occurrence, and at least One Million Dollars
($1,000,000.00) for damage to rented premises (or such higher amounts as the City shall from time
to time deem reasonable). Such policy shall cover the Organization and the City and its agents,
employees, and officials. A Certificate of Insurance shall be furnished to the City upon execution of
this Agreement, along with Endorsements to the policy for the following:
1. Thirty (30) day notice of cancellation.
2. Waiver of subrogation.
3. Naming the City as an additional insured.
4. Stating that the Organization's insurance is primary.
Each such policy shall provide that no act or default of any person other than the City or its agents
shall render the policy void as to the City or effect the City's right to recover thereon.
4i
Fees and Charges
a. Current Charges in Relation to Category
Category I —Program fee charged directly to participants/teams
Category II —Exempt from field usage charge for most parks for standard park use. Field fees to
be assessed for use of Park Arthur turfed fields #1-2-3-4.
Category III —Field usage fee & maintenance may be assessed based on exclusive use.
Category IV —Field usage fee to be assessed. Light fees and maintenance fees to be assessed.
Fees are different for traditional fields vs. turf field.
b. Field Usaee Fees
1. Field usage fees allow for "exclusive use" of the reserved athletic field.
2. PRACTICES -Team practice requests must follow the established guidelines of the
Recreation Department utilizing the online software and can be no longer than 1.5 hours in
length.
a. Field usage fees are not charged for practices held on the fields at: Bluhm, Denoon,
Horn, Jensen, Kurth, Lions, Manchester, Moorland, Schmidt and Veterans Park.
b. Field usage fees ARE charged for practices at the turfed fields of Park Arthur fields
#1, #2, #3, #4. Practices 1.5 hours length from start to finish of practice time -
Resident ($100/field/date) Non-resident ($150/field/date)
3. Field usage fees do not include bases, nets, or other equipment needs. However, Park
Arthur fields #1, #2, #3, #4 bases are provided and set at requested distances by City Turf
Manager.
4. GAMES - Daily Usage for Category Level II, III IV:
a. Category II - A meeting will be held at the beginning of the school year with the
district staff to discuss field use and outline field use and anticipated
maintenance/restoration needs. If maintenance is needed, cost sharing will be
applied for those maintenance items.
b. Field usage fees for up to 3 hours on the fields at: Bluhm, Denoon, Horn, Jensen,
Kurth, Lions, Manchester, Moorland, Schmidt and Veterans Park.
i. Youth/Adult Organization- Resident($20.00/field/date) Non-resident
($40.00/field/date)
c. Field usage fees for games at the turfed fields of Park Arthur fields #1, #2, #3, #4.
i. Games 2 hours from start to finish (includes warm-up time)
1. Resident ($100/field/date) Non-resident ($250/field/date)
5. Daily Usage (MORE than 3 % hours of field use, typically double header games and all -day
tournaments) regardless of Category Level.
a. Field usage fees for the fields at: Bluhm, Denoon, Horn, Jensen, Kurth, Lions,
Manchester, Moorland, Schmidt and Veterans Park.
i. Youth/Adult Organization- Resident($50.00/field/date) Non-resident
($100.00/field/date)
b. Field usage fees for the turfed fields of Park Arthur fields #1, #2, #3, #4.
i. Residents $250/field/date
ii. Non-residents $500/field/date
6. Security Deposits:
a. Season Deposit - $750 deposit for any organization using the turfed fields at Park
Arthur #1, #2, #3, #4. Deposit will be used to repair any damage to field, turf
cleaning/sanitizing, man-hours for upkeep, base replacement, etc. Deposit to be
returned after the season -end inspection of the fields if not needed to pay for
repairs.
Maintenance Fees
For the fields at: Bluhm, Denoon, Horn, Jensen, Kurth, Lions, Manchester, Moorland, Schmidt and
Veterans Park, each organization utilizing these fields must provide to the City an insured business,
the Organization has secured, that will provide field game prep/maintenance for approval by the
City. Maintenance specifications will be provided to each insured field crew and must be followed
for all prep of City fields.
City will take drone photos of each field the first week of each month and report back to the user
groups utilizing those fields of any damages and repairs that must be performed at the expense of
the leagues using those fields.
Fields cannot be maintained/prepped by parents of the organization and must only be done by
trained and insured individuals.
The City will provide all maintenance and field prep for the turfed fields at Park Arthur #1, #2, #3,
#4.
Soccer/Open Fields that require a special set-up or special mowing prior to the event will be
assessed a maintenance fee of $100.00. Requests for special set-up/maintenance must be made at
least 2 weeks in advance of event.
d. Lights and Shed/Storage Usage
1. All keys are the property of the City of Muskego and will not be duplicated.
2. A key deposit of $25.00/key will be required should you request the use of the complex
storage facilities. Key deposits will be retained should the key be lost. Also, you will be held
responsible for any other expenses resulting from the loss of the key as the Department of
Public Works and the Recreation Department feels necessary, such as lock changes, etc.
a. For baseball/soccer/football leagues, there will be only one key per facility issued to
each league. If it becomes necessary for the department to have additional keys
made to fulfill a request for additional keys, the individual/league/organization will
be assessed this additional incurred expense to the department. The key(s) must be
turned into the department at the end of the season and are the property of the City
of Muskego. Failure to return the key(s) will result in loss of the key deposit and
could result in additional charges if it is felt by the department that the facility needs
to be rekeyed because of the lack of return of the key(s). Loss of future use could be
penalized, also.
7
3. Any individual/league/organization will assume responsibility for the securing of the
shed/storage facility. Theft, vandalism, etc. which occurs due to the lack of properly
securing the facility at the completion of the event will be the responsibility of said
individual/league/organization. Restitution, as determined by the Department of Public
Works and the Recreation Department, will be the responsibility of the
individual/league/organization.
e. Baseball/Softball/Kickball Tournaments
1. Tournaments using City of Muskego fields may be scheduled beginning May 1 for fields
at: Bluhm, Denoon, Horn, Jensen, Kurth, Lions, Manchester, Moorland, Schmidt and
Veterans Park. Tournaments using the turfed fields at Park Arthur #1, #2, #3, #4 may be
able to start in April, weather dependent. There is a separate tournament form for use
of Park Arthur fields which is all inclusive (includes shelters/concessions/garbage).
2. Tournaments will incur a $100/tournament fee for dumpster use, if selling concessions
at the tournament at any fields other than Park Arthur #1-2-3-4.
3. If tournament takes place outside of normal months parks bathrooms are open (May 1-
September 30) an additional charge of $100/day will be added for special cleaning of
the restrooms. Will only be assessed for field use in the months of April and October
when restrooms are typically closed. Park Arthur bathrooms are open year round.
4. Open air shelters at can be used for concession sales at a cost of $150/day per shelter
for any park outside of Park Arthur.
General Rules and Regulations
User must be a City of Muskego civic organization, team, school or individual. Non-resident
organizations must be approved prior to use and will pay non-resident fees. All usage must be
subject to approval by the Recreation Department and/or Parks and Conservation Committee
as needed.
Daily events must conclude by 10:00 P.M. unless an extension is granted by the Recreation
Department. All event attendees must have exited the park no later than 10:15PM.
• The user/applicant is responsible for the general clean up (dugouts, athletic field areas) and
also parking and crowd control on the grounds as determined by the field maintenance division.
City staff is not responsible for this clean up. If City staff are required to clean the area the
following day for a game or tournament, the individual/league/organization will be charged a
$100.00 maintenance fee and could determine future use of the facilities.
All distributed keys are the property of the City of Muskego. No duplication of keys is
permitted. Anyone caught duplicating keys will lose their field privileges and pay the cost to re -
key facilities. Field/facility security is important to us all.
• Parking on the grass at any park facility is strictly prohibited unless the Parks and Conservation
Committee gives special approval. It is the organizations responsibility to make sure all guests
of your events know that parking on grass is not allowed.
Sample Costs for use of Park Arthur fields #1, #2, #3, #4
Field Cost Sample for planning purposes only. Full costs will be determined at the time of submission
of application and can include security deposits, shelter rentals, dumpster use and staffing if necessary.
2025 FIELD COSTS
GAME ONLY USE
COST per field
RESIDENT 100% Muskego Teams PER FIELD / PER DATE
$100/date
NON-RESIDENT 75% Muskego Teams PER FIELD / PER DATE
$100/date
Non-resident League Teams PER GAME / PER DATE i.e. double headers cost $500
$250/game
1.5 hour PRACTICE ONLY USE ON PARKARTHUR #1, #2, #3, #4
Cost per date/per field
PRACTICES Resident Team
$100.00
PRACTICES Non -Resident Team
$150.00
Mill Valley Complex Lights Usage Adopted by the Parks & Recreation Board 2120184, Fees and Charges Adopted by the Parks and Recreation Board 1121185
Adopted by the Parks and Recreation Board 3114188, Policy Revision Approved and Adopted by the Parks and Recreation Board 5111192
*Revised by Director Craig Anderson 11/17106, 10120108, 1012109, 8110110, 112611Z 10/2/12, 10123114
*Revised by Recreation Manager Tammy Dunn 11111115, 1211116
Policy Revision Approved and Adopted by the Parks and Conservation Committee 4/18
Policy Revision Approved and Adopted by the Parks and Conservation Committee 10/21 & Finance & Council 11/21
Policy Revision Approved and Adopted by Finance & Common Council 1/9/24
Policy Revision Approved and Adopted by Finance & Common Council xx/xx/xx
9
CITY OF MUSKEGO — RECREATION DEPARTMENT
PARK ARTHUR TOURNAMENT APPLICATION 2025
Tournament Dates: (ONE FORM PER TOURNY)
Tournament Director/Sponsor:
Address
(Street)
Cell Phone:
Percentage Muskego teams in tournament:
BASEBALL/SOFTBALL FIELD(S) LOCATION:
Email:
(City/State/Zip Code)
Hardball field with raised mound turfed infield/grass outfield Turfed infield/grass outfield
Base pegs at 60', 65', 70', 90' (with lights) Base pegs at 60', 65', 70' (With lights)
Park Arthur #4 (Lights)
Park Arthur #1
Park Arthur #2
Park Arthur #3
Field set-ups: (please provide a full game schedule no later than 12PM the Monday prior to the tournament)
Basepath:
Pitching Rubber:
Pitching Circle:
City will provide game day staff who will set-up the fields to these diminsions and provide bases/pitching rubber. Staff will remain on
site to make field changes as requested by the Tournament Director. No teams will be allowed to change field set-up, only City Staff.
ALL game cancellations for weather (rain, lightening, thunder) will be made by the Head Umpire and the Tournament Director. The City
will only call games when damage to the outfield due to heavy rains is imminent.
Field Use Fees:
A non-refundable deposit of 20% will be required to hold your tournament date. Payment in full for your tournament will be
due 30 days before the event.
All inclusive fees include: 4 turfed fields, 2 shelters, concession stand, and dumpster
2 days (Sat./Sun.) $4,000 3 days (Fri./Sat./Sun.) $6,000 4 days (Thur./Fri./Sat./Sun.) $8,000
There is a reduced field fee for Muskego based programs, where 75% of the teams roster are Muskego residents, and who are
also contributing to field improvements each season. That fee schedule is:
2 days (Sat./Sun.) $2,250 3 days (Fri./Sat./Sun.) $3,300 4 days (Thur./Fri./Sat./Sun.) $4,250
1 agree to abide by the rules, regulations, and policies as set forth by the Department and the Parks and Conservation Committee. In consideration of the
foregoing, 1, for myself, my heirs, assigns, beneficiaries and personal representatives, waiver and release any and all rights and claims for damages 1 or my
child may have against the City of Muskego and all agents and persons acting for and on behalf of all entities as a result of my participation in any activity
sponsored by these groups.
Sponsoring Agent
Approved Disapproved
Current Insurance Forms on file: ❑Yes ❑No
Application Received:
Field Usage Fees
Date
Authorized Signatory, Recreation Department
20 % Non-refundable Deposit Received:
Security Deposit: $
Supervision Fees:
AMOUNT COLLECTED: $ Date: CK Cash BY 10
PARK ARTHUR TOURNAMENT POLICY
Rules & Regulations
A. All tournament requests must be approved by DPW & Recreation Department staff with consent from the Parks &
Conservation Committee when necessary. Application must be received 60 days before tournament. Resident status
for tournament request will be used if 75% of the teams participating are from Muskego. This will be determined by
final payment.
B. A local team must be eligible to participate in the tournament held on City fields.
C. The sponsor is responsible for the general clean-up and also parking and crowd control on the grounds as determined
by DPW staff.
D. Daily tournament operation must conclude by 10:00 p.m. unless an extension is granted by the Parks and Conservation
Committee. Last game cannot start past 8:30PM. Lights will be turned off by field staff at 10:15PM.
E. Tournaments may only be scheduled from April 1 through November 1 depending on outfield conditions.
Insurance Requirements, MANDATORY
Organization shall, at its expense, obtain and carry comprehensive general liability insurance with combined single limits
of at least One Million Dollars ($1,000,000.00) for one person and at least Two Million Dollars ($2,000,000.00) per
occurrence, and at least One Million Dollars ($1,000,000.00) for damage to rented premises (or such higher amounts as
the City shall from time to time deem reasonable). Such policy shall cover the Organization and the City and its agents,
employees, and officials. A Certificate of Insurance shall be furnished to the City upon execution of this Agreement,
along with Endorsements to the policy for the following:
1. Thirty (30) day notice of cancellation.
2. Waiver of subrogation.
3. Naming the City as an additional insured.
4. Stating that the Organization's insurance is primary.
Each such policy shall provide that no act or default of any person other than the City or its agents shall render the policy
void as to the City or effect the City's right to recover thereon.
Fees and Charges
A. Field Usage Fee:
1. All inclusive field usage fees include:
a. 3 lighted turf ballfields with base pegs at 60', 65', 70' and pitching rubbers at: 40',43',46',50'
b. 1 lighted turf hardball field with raised mound and 90' base pegs (can be converted to 60', 65', 70' and
pitching rubbers at: 40',43',46',50' for an additional fee and with advance notice)
c. Large open air shelter w/seating & Concession area (serving windows, sinks, fridge and storage)
d. Small open air shelter by fields for first aid station and officials center
e. Dumpster for concession trash
2. Field usage fees are non-negiotable and include all listed above (fee reduced for Muskego based programs):
a. 2 days (Sat./Sun.) $4,000.00
b. 3 days (Fri./Sat./Sun.) $6,000.00
c. 4 days (Thur./Fri./Sat./Sun.) $8,000.00
3. Security Deposit (separate payment to be held until after tournament):
a. $500/tournament, in addition to any other usage fees applied for the tournament event.
b. To be refunded partially or totally upon inspection of the grounds after the tournament.
11
4. Game Day Field Maintenance will be provided by City's Turf Manager. City will set-up each field at the desired
basepath/pitching as provided by tournament director. Turf Manager will do all field re -sets and will be on site to
help with issues that may arise. If Park Arthur Field 4 is to be used for a smaller game field and mound moved,
there will be an additional fee of $1,000 which covers the removing of the mound the day before games are played
and re -set the day after games end. Moving of mound will require 4 DPW staff to safely remove and store mound.
5. When using the concession area of Park Arthur shelter, you must have a concession manager who will ensure the
electrical map for the concession area is being followed. Only approved AMP items may be plugged into each
designated outlet. If fuses are blown due to not following this electrical map, there will be an electrical re -set fee
of $25 each time the fuse is reset during your event. This concessions manager must be on site during the
tournament.
6.Cancellations & Refund Policy:
a. No refunds will be issued at anytime after final payment. In the event a team needs to cancel, Muskego
Recreation will hold a credit to a future event if notice of cancellation is given at least 2 weeks prior to the
event.
In the event a tournament is cancelled for any reason or shortened due to weather, Muskego Recreation
will issue credit as follows (3 or 4 game guarantee tourney)...
i. If 0 games are played, you will receive 100% credit towards a future Tournament
ii. If 1 game is played, you will receive 50% credit towards a future Tournament
iii. If a 2nd game is started, you will receive 25% credit towards a future Tournament
iv. If 2 or more games are completed, there will be no credit issued.
Please note, reserving organizations are not allowed to charge parking or entrance fees for their events hosted at Park
Arthur. Public park must remain open and available for City reisdents to access the parks walking trails and other amenities.
Groups found to be violating this policy, can be subject to immediate termination of their tournament and barred from
future tournament requests.
Adopted by the Parks and Recreation Board 1121185.
Revised and adopted by the Parks and Recreation Board 9113183. Revised by Tammy Dunn, Recreation Manager 1213115, 12110119, 1217121, 11122122
Policy Revision Approved and Adopted by Finance & Common Council 119124
Policy Revision Approved and Adopted by Finance & Common Council xx/xx/xx
"i
�„�iSKEGO
Reports and Presentations to Finance/Common Council
To: Finance/Common Council
From: Scott Kroeger
Department: Public Works & Development
Subject: Peach Lane LLC (Twin Silos Subdivision) LOC Reduction #2
Date: November 12, 2024
Background Information: Peach Lane LLC (Twin Silos Subdivision) is located off of Tess
Corners Drive just south of Cornell Drive. The developer is ready for a Letter of Credit
(LOC) reduction based on construction work performed. The recommendation is to reduce
the LOC by $687,857.83. The LOC would be reduced from $1,120,386.40 to $432,528.57.
Key Issues for Consideration:
1. Peach Lane LLC (Twin Silos Subdivision) LOC Breakdown
Recommendation for Action by Committee and/or Council: The Common Council approve
the Peach Lane LLC (Twin Silos Subdivision) LOC reduction from $1,120,386.40 to
$432,528.57.
Date of Committee Action: November 12, 2024
Planned Date of Council Action (if required): November 12, 2024
Total $ Needed: S
Fiscal Note(s): N/A
$ Budgeted: N/A
Expenditure Account(s) to Be Used: #
(3/2019)
13
COST BREAKDOWN
Twin Silos
October 21, 2024
Proposed Cost LOC Red No. l LOC Red No.2
ADJ. BAL.
#1
ROAD CONSTRUCTION
a.
Stone/Binder Lifts of Asphalt/Curb & Gutter
$
149,711.90 $87,159.00
$
62,552.90
b.
Final Lift of Asphalt (including final inlet adjustments)
$
39,796.35
$
39,796.35
c.
Recreational Trail or Sidewalk
$
9,486.40
$
9,486.40
d.
Other (Misc. Removals)
$
-
$
-
e.
Engineering Inspections (estimate only)
$
21,889.41
$
21,889.41
$
220,884.06 $0.00 $87,159.00
$
133,725.06
#2 SITE GRADING/LANDSCAPING/RESTORATION
a.
Erosion control
$
36,588.00
$11,373.00
$
25,215.00
b.
Site Grading
$
131,709.60
$49,400.00
$56,545.00
$
25,764.60
c.
Landscaping (street trees, prairie)
$
-
d.
Site Restoration (topsoil/seed or sod as required)
$
79,263.00
$4,500.00
$
74,763.00
e.
Clear and Grub Site
$
34,007.50
$34,007.50
$
-
f.
Engineering Inspections (estimate only)
$
30,972.49
$
30,972.49
$
312,540.59
$99,280.50
$56,545.00
$
156,715.09
#4
SANITARY SEWER SYSTEM
a.
Mains & Manholes
$
220,708.00
$200,708.00
$
20,000.00
b.
Laterals
$
63,525.00
$63,525.00
$
-
c.
Pumping station & Generator
$
-
$
-
d.
Force main
$
-
e.
Grinder pumps &chamber-indiv dwelling
$
-
$
-
f.
Engineering Inspections (estimate only)
$
31,265.63
$ 21,265.63
$
10,000.00
g.
Other (Cleaning By Contractor & TV by City)
$
-
$
-
$
315,498.63
$0.00
$285,498.63
$
35,000.00
#5 WATER MAIN SYSTEM
a. Mains, valves & manholes
b. Hydrants, valves & leads
c. Water services
d. Well & pumphouse
e. Engineering Inspections (estimate only)
f. Other
$0.00 $0.00 $0.00 $0.00
#6
STORM SEWER SYSTEM
a.
Mains & manholes
$
112,366.26
$102,366.26
$ 10,000.00
b.
Inlets
$
-
$ -
c.
Laterals + Sump Lines
$
30,888.00
$30,888.00
$ -
d.
Headwalls/discharge structures
$
-
$ -
e.
Engineering Inspections (estimate only)
$
15,757.97
$10,757.97
$ 5,000.00
f.
Other
$ -
$
159,012.23
$0.00 $144,012.23
$ 15,000.00
#7 SPECIAL/MISC IMPROVEMENTS
a. Street lights ( WE Energies Lights) $ - $ -
b. Street signs $ -
c. Other- Retaining Wall $ -
$0.00 $0.00 $0.00 $0.00
#8
FEES
a.
City administration
$
-
b.
Engineering Design and Admin and Testing
$
5,000.32
$
5,000.32
C.
Engineering -As builts for underground (by City consultant)
$
10,000.00
$
10,000.00
d.
Engineering- Survey & Grading As-builts
$
10,000.00
$
10,000.00
e.
Legal
$
-
f.
Other
$
-
$
25,000.32 $0.00
$0.00 $
25,000.32
TOTAL PROJECT ESTIMATE
$
1,032,935.83 $ 99,280.50
$573,214.86 $
360,440.47
120 % = LETTER OF CREDIT AMOUNT $ 1,239,523.00 $ 119,136.60 $ 687,857.83 $ 432,528.57 LOC Remaining
$ 806,994.43 LOC Reduction with the 20%
14
MUSKEGO
Reports and Presentations to Finance Committee and Common Council
To: Finance Committee & Common Council
From: Scott Kroeger
Department: Public Works and Development
Subject: Award Bid for Boxhorn Dredging Project to ILM
Date: November 19, 2024
Backiround Information:
The City of Muskego requested bids from 3 companies to perform the dredging project at
Boxhorn Boat Launch. The only company that responded back to our request was ILM.
This work is very specialized with limited number of companies who perform this work.
ILM was the only company who was responsive to the City of Muskego and did several site
visits with City of Muskego DPW staff to understand the project. One of the other
companies said the size of the project was too small for them to bid and the other company
did not get back to us even after several calls. The bids are as follows:
1. ILM (IL)
2. Radtke Contractors (WI)
3. Solitude Lake Management (WI)
$80,500.00
Did not submit bid due to the size of job
Never got back to City requests
ILM is more than qualified to do this work and their bid is under budget. ILM performed a
lot of dredging work on Little Muskego Lake when the City of Muskego performed the 6 to
7 feet drawdown. ILM is currently a sub -contractor to Stark Asphalt on the Idle Isle
project where they are constructing the new boat ramp. ILM is able to mobilize to Box
Horn Boat Launch after finishing their work at Idle Isle next week.
Key Issues for Consideration: Attachments
1. Bid Proposal from ILM
Recommendation for Action by Committee and/or Council: Award Boxhorn Dredging
Project to ILM
Date of Committee Action: Finance Committee November 19, 2024
Planned Date of Council Action (if required): November 19, 2024
Total $ Needed: $80,500
Fiscal Note(s): Contracted Amount is within budget
$ Budgeted: $115,000.00
Expenditure Account(s) to Be Used: 2024 Capital Project for Idle Isle
(10/2024) 15
e4i I LM
TRUSTED CARE Of LAND & WATER
ILM
110 Le Baron St
Waukegan IL 60085
PH: 847.244.6662
Info@ilmenvironments.com
Bill To
City of Muskego
W182 S8200 Racine Ave.
Muskego WI 53150
Contract Start Date: May 2024
Contract End Date: December 2024
Submitted To: Scott Kroeger
SITE:Boxhorn Gun Club
Project: 2024 Dredging Project
Environment Manager: Debra Budyak
Proposal
#P8730
7/8/2024
Item Visits Price Per Visit Amount
Sediment Removal 1 $62,900.00 $62,900.00
Mechanical removal of excess sediment and cattail mass from boat launch area at Boxhorn Gun
Club, per the attached map. Material will be left onsite in designated location, per the line item
below.
Estimated project timing is late October 2024.
Please note: Labor does not include prevailing wage rates
Debris Removal 1 $17,600.00 $17,600.00
Price includes moving removed sediment to specified location onsite. Includes labor, equipment,
erosion control measures, stabilized construction entrance and seeding with cover crop.
Please note: Labor does not include prevailing wage rates.
Subtotal $80,500.00
Discount Item
Total $80,500.00
By:_
Debra Budyak
Accepted:
By signing I agree to ILM's standard terms and conditions
Date 7/10/2024
Date Accepted
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location 3 for dewatering.
60ft
e4i I LM
TRUSTED CARE OF LAND & WATER
Scope of Work and Time Limit. The Proposal issued by
Integrated Lakes Management ("ILM") is valid for a period of
30 days from the date of the Proposal. The entire scope of
work is identified in the Proposal constitutes the "Project" as
that term issue used in these Terms and Conditions. Client
may not modify the Proposal by removing or adding items of
work to the Proposal unless agreed to in writing by ILM. Upon
signature by the Client the Proposal shall constitute a contract
between Client and ILM (the "Contract"). If ILM does not
receive Client's signed Proposal within 30 days of its date ILM
reserves the right withdraw the Proposal without notice to
Client. If ILM withdraws the Proposal ILM may issue to Client
a new proposal which may differ from the original Proposal
with respect to estimated costs, schedule for completion, and
overall scope of work. Work is performed in order of proposals
accepted, unless negotiated otherwise.
Time and Materials Proposals. Services which are billed at
"Time and Materials" (as specified in the Proposal) will be
charged in accordance with agreed upon hourly labor rates
and materials costs specified in the Proposal. In addition to
charges for time spent and material consumed in conducting
fieldwork at the Project site, Time and Materials charges will
include time spent traveling to and from Project site and time
and materials spent on report preparation by professional,
technical, or clerical staff. To the extent that a Time and
Materials proposal includes estimated costs, the estimates
are for budgeting purposes only and the Proposal shall not be
considered to provide a fixed lump -sum cost for the time and
materials specified in the Proposal. If during the performance
of work ILM determines that an estimated cost will be
exceeded ILM shall have the right (but not the obligation) to
cease work on the Project until a revised estimated cost has
been presented to and approved by the Client.
Permits & Ancillary Costs. Unless the Proposal specifically
states otherwise, Client shall be responsible for arranging for,
securing, and paying for any and all permits, fees, licenses,
governmental approvals, inspections, bonds, testing, traffic
control, detours, pave ment/concrete restorations required in
connection with the work specified in the Proposal.
Fuel & Materials Surcharges. In the event of a significant
increase in the cost of fuel or materials to be utilized by ILM
to complete the Project after the date of the Proposal ILM
shall have the right to add a reasonable surcharge to the
amount due from Client under this Contract to defray the
increased fuel and materials expenses it incurs in conducting
the work specified in the Proposal. Such materials may
include, but shall not be limited to fuel, chemicals, and other
supplies/products. Client to be notified in advance of any
proposed fuel and materials surcharge and may terminate this
contract based upon said increase in clients sole discretion.
Warranty. ILM hereby warrants, represents, and undertakes
that the work specified in the Proposal shall be conducted and
performed in a good and workmanlike manner and in
accordance with the description thereof contained in the
Proposal and in compliance with all applicable laws,
ordinances, and regulations. ILM, at its sole cost and
expense, will correct all defects in such work and shall make
all necessary repairs, replacements, and corrections thereto,
of which notice is given by Client prior to the expiration of
one year from the date of completion of such work. Unless
TERMS AND CONDITIONS
(revised 0911712024 for contracts specific to City of Muskego)
specifically specified otherwise in the Proposal, the foregoing
is ILM's sole warranty and all other warranties, implied or
expressed, are excluded. Client's exclusive remedy shall be
for correction of defects a specified in the forgoing warranty
and in no event shall Client be entitled to consequential
damages regardless of whether the claim is based on
warranty, contract and tort or otherwise. Should Client or a
third party modify the work conducted by ILM as specified in
the Proposal, the forgoing warranty shall be null and void.
Client Cooperation. Client shall furnish information or
services required of Client as necessary for ILM to conduct
the work specified in the Proposal with reasonable
promptness. Client shall also furnish any other information or
services under the Client's control and relevant to ILM's
performance of the work specified in the Proposal with
reasonable promptness after receiving the ILM's written
request for such information or services.
Promotional Use. ILM has the right to photograph and/or
videotape the Property and may use such photographs for
documentation and promotion without compensation to
Client.
Insurance. Certificates of insurance are available upon
request. If Client requests additional insurance coverages
beyond ILM's standard coverages Client shall be responsible
for the additional costs of such additional coverages if
available. ILM shall provide certificate of insurance for
General Liability prior to commencement of work.
Right of Entry and Property Ownership. By accepting this
Proposal Client represents that they own the property upon
which the work specified in the Proposal will be conducted
(the "Property") or that they have permission to grant access
to the Property and contract for such work on behalf of the
owner of the Property. Further, by accepting this proposal
Client shall have been deemed to have furnished right -of
access to the Property (including both land and water) for ILM
staff and its suppliers and contractors to perform fieldwork
and investigations necessary to conduct the work specified in
the Proposal.
Underground Utilities & Damages by Third Parties. Private
utilities or equipment not located by 811 Utility Marking
System or a similar utility indemnifying service such as the
JULIE One call system are to be located and marked by
Client and ILM shall not be responsible for damages to, or
the repair or replacement of, any unmarked private utilities,
electrical radiant heat, sewer, or water lines, equipment or
the like. Further, ILM shall not be responsible for any
damages to the Property caused by third parties (e.g., other
contractors, the Client's invitees, vandalism, etc.)
Unknown Conditions. If previous unknown conditions are
discovered upon commencement of the work specified in the
Proposal ILM reserves the right to cancel or renegotiate this
Contract. If ILM elects to cancel the Contract, it will restore
the job site as needed and Client shall pay ILM for any time
and materials expended prior to the cancellation.
Limitation of Professional Liability and Waiver of
Subrogation. Client agrees that ILM's liability to Client for
damages or injuries resulting from ILM's conduct or the
info@ilmenvironments.com I ilmenvironments.com Page 1 of 2
110 Le Baron Street, Waukegan, IL 60085 (847) 244-6662 19
e4i I LM
TRUSTED CARE OF LAND & WATER
conduct of ILM's subcontractors, suppliers, or agents in
connection with the Project shall be limited to the amount of
coverage provided by ILM's insurance provider or the
insurance providers of ILM's subcontractors, suppliers, or
agents. Client and ILM waive all rights of subrogation
against each other and any of their subcontractors, suppliers,
agents and employees, each of the other for damages
caused by fire or other causes of loss to the extent covered
by property insurance or other insurance applicable to the
work specified in the Proposal.
Damages and Non -Target Areas. ILM will make every effort
to minimize any damage to areas surrounding the area
where the work specified in the Proposal will be conducted
("Non -Target Areas"). Prescribed burning or herbicide
applications to tall vegetation or hard to reach areas increase
the possibility of damage to Non -Target Areas. Client
accepts the inherent risk of damages to Non -Target Areas
and ILM shall not be responsible for damages to Non -Target
Areas. Further, ILM shall not be obligated to remediate
damages to Non -Target Areas unless ILM has specifically
agreed to do so in the Proposal. ILM will remediate any
damage caused to Non -Target Areas due to ILM's
negligence or improper execution of services at no cost to
the Client. Client is responsible for the removal and
replacement of personal property, improvements, fixtures,
appliances, or other obstacles in the area where the work
specified in the Proposal will be conducted unless otherwise
specified in the Proposal. ILM shall not be responsible for
any damages incurred to landscaping or personal property
located on the Property of any type due to dust, excavation,
seepage, or flooding.
Billing and Invoice. Payment for the work specified in the
Proposal shall be due to ILM from Client upon completion of
the work specified in the Proposal. If the Project requires ILM
to incur significant upfront costs for materials ILM reserves the
right to require Client to prepay those costs prior to
commencement of its work on the Project.
TERMS AND CONDITIONS
(revised 0911712024 for contracts specific to City of Muskego)
Past Due Account Fees. Client shall be obligated to pay ILM
a 1.5% per month service charge on all amounts past due
under the Contract by more than 30 days. ILM may also
pursue measures to suspend work and services to Client
under the Contract until accounts are brought current. Client
shall reimburse ILM for all costs and expenses, including
court costs and reasonable attorney fees, incurred by ILM in
enforcing the Contract and collecting any amounts due
thereunder. ILM will look only to Client for payment due under
the Contract and if Client intends for other entities to share
ILM's charges it is Client's responsibility to recoup such costs
from such other entities. Any work not completed by others
(e.g., contractors not under the control of ILM) shall not delay
the payment of amounts due under this Contract.
Termination. Either party may terminate the Contract for
cause only, upon not less than ten (10) days written notice if
the other party fails to substantially perform in accordance
with the terms of this Contract through no fault of the
terminating party, provided that the terminating party has
provided the non -terminating party with written notice of the
non-performance and non -terminating party has failed to cure
the non-performance within ten (10) days of receipt of the
notice. If Client terminates the Contract Client agrees to
compensate ILM for all work performed by ILM, and
materials utilized by ILM prior to the date of termination.
Interpretation and Enforcement. This Contract shall not be
modified except by written agreement signed by both Client
and ILM. Duties and obligations imposed under this Contract
and rights and remedies available hereunder shall be in
addition to and not a limitation of duties, obligations, rights
and remedies otherwise imposed or available by law. No
action or failure to act by ILM shall constitute a waiver of a
right afforded under this Contract, nor shall such action or
failure to act constitute approval of or acquiescence in a
breach hereunder. This Contract constitutes the entire
agreement between the parties with respect to the subject
matter hereof, and any modification or change will not be
effective unless in writing signed by the parties. No party to
this Contract shall assign it without the written consent of the
other party. This Contract shall be binding upon the Client
and ILM, their heirs, successors, and assignees. This
Contract shall be governed by Wisconsin law. The venue for
resolution of any dispute arising under this Contract shall be
Waukesha County Wisconsin.
Force Majeure. ILM shall not be considered to be in default
or breach of this Contract, and shall be excused from
performance or liability for damages incurred by Client, if and
to the extent ILM shall be delayed in or prevented from
performing or carrying out any of the provisions of this
Contract due to any act, omission, or circumstance by or in
consequence of any act of God, labor disturbance, vandalism,
sabotage, failure of suppliers of materials, act of the public
enemy, war, invasion, insurrection, riot, terrorism, civil
disorders, strikes, rebellions, revolutions, fire, storm, flood,
ice, earthquake, explosion, epidemic, pandemic, virus,
disease, breakage or accident to machinery or equipment or
any other cause or causes beyond ILM's reasonable control,
including any curtailment, order, regulation, or restriction
imposed by governmental, military or lawfully established
civilian authorities.
info@ilmenvironments.com I ilmenvironments.com Page 2 of 2
110 Le Baron Street, Waukegan, IL 60085 (847) 244-6662 20
A� RDP CERTIFICATE OF LIABILITY INSURANCE
(MM/DDIYYYY)
FDATE 17/2024
9/
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Phone: (847)623-0300
Fax (847)623-0988
Kaiser /North Shore Insurance
CONTACT Jonathan Tomek
NAME:
AIC NNo Ext : (847)623-0300 p/C No),
ADDRESS: ltomek@pwkalSOr.COm
1400 Sunset Ave Ste #1
INSURER(S) AFFORDING COVERAGE
NAIC #
Waukegan, Illinois 60087
INSURER A : Axis Surplus Insurance Company
26620
INSURED
INSURER B : Erie Insurance Exchange
26271
INSURER C : Arch Specialty Insurance Company
21199
INTEGRATED LAKES MANAGEMENT
110 Le Baron St
WAUKEGAN, IL 60085
INSURER D : American Interstate Insurance Company
31895
Acuity, A Mutual Insurance Company
INSURER E : y, p y
14184
INSURER F :
COVERAGES CERTIFICATE NUMBER:3015 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
MM/DDIYYYY
POLICY EXP
MM/DDIYYYY
LIMITS
`4
✓
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE � OCCUR
V
Y
SP004459-04-2024
Herbicide/Pesticide and Pollution
Included $2,000,000
2/l/2024
2/l/2025
EACH OCCURRENCE
$ 2,000,000
DAMAGE TO
PREM SES (E. occur ante
$ 500,000
-PREMISES
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 2,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 4,000,000
� PRO -
POLICY LOC
PRODUCTS - COMP/OP AGG
$ 4,000,000
$
OTHER:
B
AUTOMOBILE
LIABILITY
Q02-0140394
2/l/2024
2/l/2025
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
✓
BODILY INJURY (Per person)
$
ANY AUTO
Blanket Additional Insured when
BODILY INJURY (Per accident)
$
OWNED SCHEDULED
AUTOS ONLY AUTOS
Y
required b written contract or
y 9
✓
PROPERTY DAMAGE
Per accident
$
HIRED ✓ NON -OWNED
AUTOS ONLY AUTOS ONLY
agreement
C
✓
UMBRELLA LIAB
EXCESS LIAB
`�
OCCUR
CLAIMS -MADE
Y
12 EMX 055190 08
Umbrella Follows Form
2/l/2024
2/l/2025
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
DED ✓ RETENTION $ 5,000
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/ N
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? I NJ
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
Y
AVWCIL3243102024
Included when required by written
contract or agreement
2/l/2024
2/l/2025
,/PER
STATUTE ERH
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
E
Commercial Property BUILDING
ZG3226
2/1/2024
2/l/2025
$500D�dtible
2,950,000
COVERAGE
80i CO -INS
5,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Muskego - Additional Insured
CERTIFICATE HOLDER CANCELLATION
Holder's Nature of Interest : Additional Insured
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITY OF MUSKEGO
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
W 182 S8200 Racine Avenue
AUTHORIZED REPRESENTATIVE
MUSKEGO, WI 53150
}� T L} r yam'
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 21
&r Cs, of
�x, SKEGO
Information Technology Department
Barbara Loudon
Director of Information Technology
(262) 679-5589
bloudon@citvofmuskego.org
Memo
To: Finance Committee/Common Council
From: Barb Loudon, Director of Information Technology
Date: November 19, 2024
Re: Cyber Security Grant --Awarded
This past June, I was notified of a Grant opportunity that was available from Homeland Security
and the State of Wisconsin Department of Military Affairs, Division of Emergency Management,
for Cyber Security.
Security landscapes in all sectors of business are constantly changing to stay current with best
practices and enhanced security measures. We, as the City of Muskego, review and update our
security policy's constantly. We strive to meet standards, best practices and compliances that are
required. Monies from a Grant would help off -set the one-time implementation costs that
sometimes can be cost prohibitive for municipalities that have limited funds.
This specific Grant is intended to help strengthen Cyber Security against threats to information
systems for state, local and tribal governments. This Grant will improve cyber security posture and
help protect networks, systems and data from cyber threats.
This Government Assistance funding was a new competitive Grant opportunity available for one-time
initiative projects. The City's Cyber Security Program, which was approved in the 2025 budget
qualifies as such a project.
• There are no cost share or local match requirements for this funding opportunity as the
10% match for first year has been waived by FEMA.
Allowable costs under this Grant are limited to these two areas:
• Limited to MFA (Multi -factor Authentication)
• MDR (managed detection response).
W11
There are two special conditions that are required for this Grant. We will have no issues with
completing these requirements.
1. Nationwide Cybersecurity Review (NCSR)
• Grant recipients must complete the Nationwide Cybersecurity Review (NCSR) prior to
grant close Year 1.
2. Cyber Hygiene Services
• Grant recipients must sign up for free cyber hygiene services through CISAWe have
been doing this weekly scan since 11/2019.
I am happy to say the City of Muskego has been awarded this Grant in the amount of $24,317.30 to
help improve The City of Muskego's cyber security program.
• The overall cost of Muskego's Cybersecurity Program, which has been approved in the 2025
budget was $76,157.30.
• The Grant money will be applied toward the project to reduce the total amount owed by the City
of Muskego to $51,840.00
I respectfully request that you approve the resolution on the agenda tonight to allow the Mayor to accept
this Grant on behalf of the City to assist in improving the City of Muskego's Cyber Security Program.
Please feel free to contact me prior to the meeting with any questions or concerns, as I am unable to
attend.
Respectfully Submitted,
Director of Information Technology
2
23
WISCONSIN EMERGENCY MANAGEMENT
Applicant Hereby Applies to the WEM for Financial
Support for the Within -Described Project:
WEM USE ONLY
Receipt Date
Award Date
Subgrant Numbers)
7/30/2024
11/8/2024
2022-SLCGP-0113671
SUBGRANT #: 13671 SHORT TITLE: Strengthen City of Muskego Cyber Security
�• Type of Funds for
which you are applying.
State & Local Cybersecurity Grant Program (Fed. 97.137 SLCGP) State & Local Cybersecurity
Grant Program (SLCGP): Cycle 1 Funding
2• Applicant
Name Of Applicant: County: Waukesha
City of Muskego
Street Address: W182 S8200 Racine Avenue
Address Line 2:
Address Line 3:
City: Muskego State: WI Zip: 53150-0750
3• Recipient Agencies
City of Muskego
4. Signatory
Name:
Mayor Rick Petfalski
Title: Mayor
Agency: City of Muskego
Street Address: W182 S8200 Racine Avenue
Address Line 2:
Addr Line 3:
City: Muskego
State: WI
Zip: 53150-0750
Phone:
Fax:
Email: rpetfalski@muskego.wi.gov
5. Financial Officer
Name:
Ms. Sharon Mueller
Title: Finance director
[Agency.
Street Address: W182S8200 Racine Avenue
Address Line 2:
Addr Line 3:
City: Muskego
State: WI
Zip: 53150
Phone: 262-679-5622
Fax:
Email: smueller@ci.muskego.wi.us
6• Project Director
Name:
Barbara Loudon
Title: Director of Information
Technology
Agency: City of Muskego
Street Address: W182 S8200 Racine Avenue
Address Line 2:
Addr Line 3:
City: Muskego
State: WI
Zip: 53150-0750
Phone: 262-679-5589
Fax:
Email: bloudon@muskego.wi.gov
7• Brief Summary of
Project
(Do Not Exceed Space
Provided)
Short Title (may not exceed 50 characters)
Strengthen City of Muskego Cyber Security
The City of Muskego's security policy's is constantly striving to meet the ever -changing standards,
best practices and compliance that are required of the Public Sector. Monies from this grant would
help off -set the one-time implementation costs that sometimes can be cost prohibitive for agencies
that have limited funds.
This grant would also help us increase the City's security landscape by implementing multi- factor
authentication, and setting up an MDR (Managed Detection Response) to help take some burden of
the limited City Staff.
rev 4.0 - WEM 11/12/2018
11 /14/24 09:10
24
8. SubGrant Budget
Sources
Federal
Categories
Category Total
Equipment
4,448.30
4,448.30
Supplies &
operating Expenses
0.00
0.00
Consultants/Contra
ctual
19,869.00
19,869.00
Source Total
24,317.30
24,317.30
Project Start Date: 12/l/2024 Project End Date: 8/31/2026
rev 4.0 - WEM 11/12/2018
11 /14/24 09:10
25
lo• Budget Details:
Master Budgets:
By Recipient Agency
Year 1
Total
City of Muskego
24,317.30
24,317.30
Total: 24,317.30
24,317.30
Allocation/Recipient Agency: City of Muskego
Category: Year 1
Equipment 4,448.30
Total
4,448.30
Consultants/Contractual
19,869.00
19,869.00
Total:
24,317.301
24,317.30
11. Budget Details:
Master Budgets:
Line Item Details for City of Muskego
Briefly describe 2 types of YUBI security keys based on user devices needed. PC's Vs Mac's COST
the overall use USB and USB-C
of the funds for
this budget One time cost
category:
Item [04HW-01-INHW] - Hardware, Computer, Integrated
Description: YUBI Security Keys
County Located Waukesha Jurisdiction Located Muskego, City of
In: In:
Discipline Using: Cyber Security Project Type: Establish/enhance cyber security
program
Summary: In order to enforce 2FA (Multi -Factor Authentication) we must provide users with a device to
accomplish this. These YUBI keys will be the 2 part of the authentication process, after their user
name and password.
Quantity: 120.00
Unit Cost: 24.9900
Source: Federal 2,998.80
Item [04HW-01-INHW] - Hardware, Computer, Integrated
Unit Cost: 28.9900
Source: Federal 1,449.50
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Description: YUBI Security Keys
County Located Waukesha Jurisdiction Located Muskego, City of
In: In:
Discipline Using: Cyber Security Project Type: Establish/enhance cyber security
program
Summary: In order to enforce 2MF (Multi -Factor Authentication) we must provide the users with a device
to ensure their compliance.
These are for users with iPads/Macs= as it's a different connection. USB-C, USB
Quantity: 50.00
Equipment Year 1 Total:
4,448.30
ANTS/CONT ONSULTANT
Briefly describe
COST
the overall use
of the funds for
this budget
category:
Name / Position
Heartland Business Systems
Service Provided
Consulant Time -Help setup 2FA
Description of your
A block of hours to help setup staff for 2fa use.
computation:
One time Setup Cost
Source: Federal
10,000.00
Consultants/Contractual - Consultant Year 1 Total:
10,000.00
CONSULTAWWCONTRACTUAL - PR ICE
Briefly describe
COST
the overall use
of the funds for
this budget
category:
Consultant CDWG
Item Annual- MDR -Sentinel One
Description of your YEARLY Cost-190 Devices* 6.00/per Device=1140.00 40 servers
computation: *21.00= 840.00 MDR Response for total 230 Clients@ 27.00=6,210.00
and Purple Al Assistants -24 hours 230 Devices * 7.30= 1679.00
Source: Federal 9,869.00
Consultants/Contractual - Product/Service Year 1 Total: 9,869.00
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12. Sections:
A BUDGET NARRATIVE
The maximum allowable award amount per entity is $100,000.00. The budget should demonstrate a clear link to
the overall program or project and the proposed budget items. Please attach supporting documentation to the
required attachments section to support the funds requested such as quotes, estimates, and calculations.
RESPONSE:
The submitted budget includes the following costs to help strengthen the City's cybersecurity efforts.
YUBI Keys- Hardware token used for 2FA- One time purchase. Keys types are based on users device.
PC/iPads/MAC's etc. Total cost- 4,448.30
MDR Solution- We currently run Sentinel One on our endpoints- this would connect with all our endpoints
for monitoring. Annual amount 9,869.00.
Consultants time- a block of time to have a consultant on site to help the limited I.T. staff setup and deploy
these solutions. - One time cost- $10,000
BUDGET NARRATIVE - RELATED ATTACHMENTS:
File Name
Cost Breakdown for Grant.xlsx
Implementation Schedule.xlsx
Muskego-Yubi Key.pdf
Sentinel One MDR.pdf
B AGENCY PROFILE
File Description
Cost Breakdown
Grant Implemenation Schedule
Hardware-YUBI Key Quote
Muskego-MDR-Sentinel One
Provide your entity type: county, tribe, municipality, school district, utility, or other public entity. If other public
entity, please specify the entity type.
RESPONSE:
The City of Muskego has a population of 25,271 and is located in the south west end of Waukesha County.
Muskego contains 3 lakes and a combination of both rural farmlands mixed with urban developments. This
gives Muskego community a sparse suburban feel.
AGENCY PROFILE - RELATED ATTACHMENTS:
File Name
File Description
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C COMMUNITY PROFILE
Is the applicant a rural community?
A rural community is defined in 40 U.S.C. 5302(17) as "an area encompassing a population of less than 50,000
people that has not been designated in the most recent decennial census as an "urbanized area" by the Secretary
of Commerce."
RESPONSE:
No
COMMUNITY PROFILE - RELATED ATTACHMENTS:
File Name File Description
D PROJECT NARRATIVE
Describe your program or project in detail, including what objectives will be accomplished. Your
narrative must address the following questions:
1.Desktop/Laptop Operating System: Please provide the type and version (i.e., Microsoft, Apple, Linux, multiple,
other/unknown).
2.Estimated number of users for multi -factor authentication (MFA).
Estimated number of computing devices and types (servers, computers, smart phones, tablets, etc.) for
managed detection and response (MDR) endpoint security services (ESS).
RESPONSE:
The grant proposal aims to establish a comprehensive Two -Factor Authentication (2FA) implementation and
MDR (Managed Detection and Response) solution across our organization. Here's a detailed description of
the program:
Project Overview
The City of Muskego recognizes the critical need for enhanced cybersecurity measures, particularly in
safeguarding sensitive data and protecting user accounts from unauthorized access. As security standards
change, it often comes with an upgraded cost, which municipalities can't afford. The City is looking at
updating three areas of our security practices.
Two -Factor Authentication (2FA) provides an additional layer of security beyond traditional password
mechanisms by requiring all 132 users to provide a second form of verification.
The chosen MDR solution is our current ERD (Endpoint Detection Response) provider. They offer
advanced detection and response, 24/7 monitoring, employee security experts, help with mitigation,
meet compliance and regulatory requirements, and improve and adapt in changing security landscape.
Adding a password manager. This should be looked at as security tool. In today's digital age, users
have numerous online accounts, across various platforms. A password manager fits within a security
plan, it provides stronger, longer and more complex passwords for accounts. This would also prevent a
single compromised password that maybe used for multiple accounts.
Objectives:
Implementation of 2FA:
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The primary objective is to implement 2FA across all 145 workstations, 46 laptops, 22 iPad and 47 servers.
When we implement 2FA, we aim to significantly enhance the security for our City. This measure will help
reduce the risk of unauthorized access, even if passwords are compromised, thereby protecting both
organizational data and user accounts.
To accomplish this goal, we will purchase Microsoft Licensing that will allow us to use 2fa on all our
systems. This licensing change (software) in conjunction with the YUBI keys (hardware), will be our outline
of 2FA. Once workstations, and YUBI keys are working, we will start to work with vendors to turn this
feature on all remaining software, where possible.
In order to ensure success with this new 2fa integration, we will do testing on all platforms, and make sure to
minimize daily workflows. We will train users, by dept, about 2fa and the importance of this added security
step.
Implementing 2FA is a crucial step towards strengthening our organization's cybersecurity defenses. By
securing our systems with an additional layer of authentication, we not only protect our data but also
demonstrate our commitment to maintaining the trust and confidence of our stakeholders. This grant will
enable us to achieve these objectives effectively and sustainably.
MDR Svstem
The MDR system, will be coordinated with software provider, to ensure correct setup. This should have little
to no impact on users during this phase. Upon implementation, we will review reports and have a better
understanding of our users and the City's security landscape. The City does it's best with the limited I.T
staff, so having an MDR is helpful in this ever -changing landscape.
MDR is essential because it provides organizations with advanced threat detection, continuous monitoring,
rapid incident response, access to expert cybersecurity talent, compliance support, and the ability to focus on
core business activities while staying resilient against evolving cyber threats.
Password Manger
The City of Muskego's password manager implementation would be setup after the initial 2fa is completed
on all devices. Our team will work with departments to setup training, and help users understand how to
setup accounts and use features within this software. We would help user's setup YUBI Keys for enhanced
password protection on these accounts.
Project Plan•
Phase 1: Preparation and Planning
• Review quotes/sign proposals
• Assess current systems and identify order of Dept. for 2FA/MDR implementation.
• Develop a detailed implementation plan
Phase 2: Implementation/Training/Education
• Roll out 2FA across identified Departments in a phased approach to minimize disruption.
• Provide technical support and assistance to users during the initial setup phase.
• Monitor implementation progress and address any technical challenges.
• Provide instructional materials and resources for users to reference.
• Offer ongoing support to address user questions and concerns.
Phase 3: Evaluation and Adjustment
• Evaluate the effectiveness of 2FA implementation through security incident reports.
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• Gather feedback from staff to identify areas for improvement.
• Make necessary adjustments to policies, procedures based on findings.
Expected Outcomes:
Upon completion of the project, the City of Muskego expects to achieve the following outcomes:
• Upgraded protection against unauthorized access to sensitive information.
• Increased user awareness and adoption of 2FA as a standard security practice for the City of Muskego.
• Enhanced overall cybersecurity posture, reducing the possibility of successful cyberattacks.
• Improved resilience to phishing attacks and password -based breaches.
Conclusion:
Increased cybersecurity is becoming crucial in our daily lives to protect sensitive data, prevent unauthorized
access, and mitigate the impact of cyber threats. This grant will help with some of these key security
measures:
Strong Password Management: Using a password manager to help create and store complex, unique
passwords for each account.
Multi -Factor Authentication (MFA): Implement MFA to add an extra layer of security beyond passwords,
reducing the risk of unauthorized access on endpoints within organization.
MDR Solutions: Helping monitor security landscape when staffing is limited in an organization.
Communicating areas of concern and keeping up-to-date on the newest threats in the wild.
By adding these cybersecurity measures, the City of Muskego can improve our resilience against cyber
threats, safeguard our networks, and maintain trust with employees in an ever changing digital landscape.
PROJECT NARRATIVE - RELATED ATTACHMENTS:
File Name File Description
E PROGRAM SUSTAINABILITY
Describe your plan for continuing critical services when federal funds are no longer available.
RESPONSE:
The City has a long-standing commitment to the planning process, as reflected in our current budgeting
planning, which emphasizes sustainability and identifies the resources needed to continue our work in the
future. If awarded this grant, the funding would be as follows:
Hardware: The YUBI keys would be a one-time cost, to get all employees compliant. After this initial period,
we do not hire many staff (yearly) and the ongoing costs would be minimal to maintain and would be coverer
by our office supply budget. YUBI keys can be reused if needed, (when employees leave) so the future cost
is anticipated to be very minimal.
2MFA: In order to complete the 2FA on all endpoints within the City, we would need licensing from Azure.
We would also need Hello for Business which is offered by Microsoft Office 365 by subscription.
The licensing fees to maintain the 2MFA on the endpoints would be accounted for in our operational
expenses. These fees would be an increase to our current budget, however, with this implementation, we
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may be able to move some services to the cloud (which is included in this licensing). If we can move these
services to the cloud, it will allow us to eliminate the maintenance of some equipment on site and eliminate
the annual costs for maintaining these systems. For example- On Premise Exchange could be moved to the
cloud, as email is part of this licensing.
With this licensing model, we can review more value-added applications for cost savings in order to see what
other services/servers we could consolidate to the cloud while leaving the on -premise environment and added
annual costs. Allowing us to review the difference of these amounts so we can plan for this in the future.
MDR Solution funding:
This award would give us time to evaluate the usefulness of the tool, and services it provides. This will help
us to determine our current security landscape and help us make future recommendations regarding
department staffing, and other security recommendations.
This would be with our current provider that we have our EDR (extended detection response) solution with
for easier deployment and combined cost savings.
Keeper Password Manger:
The City of Muskego would like to be a leader in the local government industry by getting a password
manager in our environment. Following our security plan, we will soon require staff to increase the length
and complexity of passwords which aligns with new standards and best practices for network resources
As public employees, we access many sites on a daily basis. Many of these sites are changing the length,
complexity, and shorting time of passwords. They are starting to implement 2fa on their sites and many users
reuse passwords across sites, or just change a number/letter or symbol if allowed. If their account was
breached, it would not take to long for bad actors to reverse engineer passwords. With a password manager,
they could generate a new and complex password, that they do not have to remember. The user would just
need to remember one master password.
Deploying a password manager in our environment would be beneficial for many reasons these include:
• Protecting against passwords getting comprised as they are not strong enough by helping meet
complexity requirements.
• Ease user frustration when meeting all different password complexities for different sites.
• Easily accessible via anywhere
• Zero Trust
• Integrates with YUBI Keys for added layer of protection
The City of Muskego produces services essential to everyday life. Security of our data is critical. We are
seeking this grant to improve the security of our operation by ensuring our staff maintain secure and unique
passwords. This grant will allow us to implement a password manager tool that will improve security and
protect our systems from attacks. These funds will immediately improve the security of our data while also
creating secure access to sites required in the operation of services.
PROGRAM SUSTAINABILITY - RELATED ATTACHMENTS:
File Name
File Description
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F PROJECT TYPE
Select what your project type below. Eligible projects activities include Multi -Factor Authentication (MFA),
Managed Detection and response (MDR), or both activities.
Multi -factor authentication (MFA) is a workforce service that requires users to provide two or more credentials tc
verify their identity. MFA adds an extra layer of security by providing strong authentication for your cloud, web -
based, on -premises, SaaS, and IaaS applications.
Managed Detection and Response (MDR) services provide customers with remotely delivered, human -led
turnkey security operations center functions by delivering threat disruption and containment.
RESPONSE:
Both
PROJECT TYPE - RELATED ATTACHMENTS:
File Name File Description
G ORGANIZATIONAL STRUCTURE AND
RESOURCES
Is this a multi -entity application? If so, please upload to the "Required Attachment" section one or more
additional pages that list the name and type of all participating entities. Make sure to identify which participating
entities (if any) are rural.
RESPONSE:
No
ORGANIZATIONAL STRUCTURE AND RESOURCES - RELATED ATTACHMENTS:
File Name
File Description
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H EVIDENCE OF NEED
Describe the urgency of implementing the project and potential impacts if it does not proceed.
If the applicant has had a cybersecurity vulnerability scan, please upload the results to the "Required
Attachment" section in Egrants. Also include information on impacts from previous cyber incidents; how this
investment will address any unmet time -sensitive legal mandates or audit findings; and/or current use of
unsupported systems in need of modernization.
RESPONSE:
The City of Muskego's current risks are malware, phishing attacks, ransomware, and potential data breaches.
Over the years,the City of Muskego has tried to meet and implement best practices in cybersecurity. The
City began using the CISA scanning since 2020. Through the years these scans have identified issues for our
external environment. When this happens, we have tried to address all issues within a reasonable time frame.
The City has upgraded to Next Gen firewalls, changed ERD vendors and have started security training for
staff on a monthly basis. The funding from this grant would help us launch the next step in our security path
for our endpoints, the implementation of 2fa and a managed detection solution.
Attached is the lasted scan from CISA dated July 25,2024
EVIDENCE OF NEED - RELATED ATTACHMENTS:
File Name File Description
Muskego 07252024.pdf CISA Scan Muskego
I IMPLEMENTATION PLAN
Label project benchmarks by month. For example, Month 1 — Accept grant award, Month 2 — solicit bids for
work, Month 3 — execute contract for work, etc. You may upload your implementation schedule to the "Required
Attachment" section in Egrants.
RESPONSE:
Please see uploaded document for the implementation schedule.
IMPLEMENTATION PLAN - RELATED ATTACHMENTS:
File Name
File Description
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J REQUIRED ATTACHMENTS
Please upload the following documents to your application in this section (if needed):
• Quotes, estimates, calculations to support your budget request.
• Multi -entity application information.
• Implementation schedule
• Cybersecurity vulnerability scan.
• Other attachments, as needed or desired.
RESPONSE:
The following documents have been uploaded:
Hardware quote- YUBI Keys
Software Quote- Licensing Azure- 2FA
MDR quote
Keeper Quote
Implementation Schedule
Recent CISA Scan
REQUIRED ATTACHMENTS - RELATED ATTACHMENTS:
File Name File Description
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15• Attachments:
List of Attachments required for submission of this Application for funding:
Section: Budget Narrative
File Name File Description
Cost Breakdown for Grant.xlsx Cost Breakdown
Implementation Schedule.xlsx Grant Implemenation Schedule
Muskego-Yubi Key.pdf Hardware-YUBI Key Quote
Sentinel One MDR.pdf Muskego-MDR-Sentinel One
Section: Evidence of Need
File Name File Description
Muskego 07252024.pdf CISA Scan Muskego
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KEP
STATE OF WISCONSIN
DEPARTMENT OF MILITARY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Phone: 608-242-3000
P.O. Box 7865 - Madison, WI 53707-7865
wem.wi.gov
November 6, 2024
Barbara Loudon, Director of Information Technology
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150-0750
To Whom It May Concern:
dma.wi.gov
RE: State & Local Cybersecurity Grant Program/Strengthen City of Muskego Cyber
Security
WEM Grant Number: 2022-SLCGP-01-13671
Dear Barbara Loudon:
Congratulations! Wisconsin Emergency Management has approved a grant award to City of
Muskego in the amount of $24,317.30. These funds are from WEM's State & Local
Cybersecurity Grant Program available through the State of Wisconsin. This grant supports the
City of Muskego State & Local Cybersecurity Grant Program/Strengthen City of Muskego
Cyber Security project.
As Project Director, you will be responsible for seeing that funds are administered according to
the approved application materials in Egrants; all requirements, including reporting, outlined in
the Funding Announcement; Terms and Conditions; and enclosed Grant Agreement. To
accept this award, have the Authorized Official review and sign the award agreement and the
federal assurances, Exhibit E of this packet. Once signed, return one copy to WEM via
email to marc.couturierCa)-widma.gov , and keep a copy for your records.
Please reach out to the WEM Grant Manager, Marc Couturier, with any questions regarding
your grant and responsibilities. We look forward to a collaborative working relationship with
you.
Sincerely,
Greg Engle, Administrator
Wisconsin Emergency Management
37
State & Local Cybersecurity Grant Program (SLCGP): Cycle 1 Funding
State & Local Cybersecurity Grant Program/Strengthen City of Muskego Cyber Security
2022-SLCGP-01-13671
This subaward grant agreement (Agreement) is made by and between the Wisconsin Department of Military
Affairs, Division of Emergency Management (WEM) and City of Muskego (the Grantee) to establish the
obligations the Grantee must assume in exchange for an award of funds in the amount of $24,317.30 for the
State and Local Cybersecurity Grant Program. WEM and City of Muskego are referred to individually as a Party
and collectively as the Parties.
RECITALS
WHEREAS, WEM is authorized to make funds (Grant Funds) available under the State & Local Cybersecurity
Grant Program as described in the Notice of Funding Opportunity; and
WHEREAS, the Grantee applied to WEM for Grant Funds; and
WHEREAS, WEM has approved the application and the Grantee desires to accept the Grant Funds;
NOW THEREFORE, in consideration of the mutual promises set forth below and other considerations, the Parties
agree as follows.
TERMS AND CONDITIONS
1. The Recitals are incorporated by reference in this Terms and Conditions section of the Agreement.
2. The Notice of Funding Opportunity (NOFO) including all Terms and Conditions as provided or referenced, and
the obligations set forth in them are made part of this Agreement by reference.
3. The submitted application as approved by WEM in Egrants is incorporated by reference in the Terms and
Conditions section of this Agreement.
4. The Grantee shall administer the programs or projects within the grant period for which this grant is awarded
and referenced in Exhibit A, in accordance with the applicable rules, regulations, limitations, and conditions set
forth in Exhibit B, Exhibit C, Exhibit D, and Exhibit E, which are made part of this Agreement by reference.
5. The individuals executing this Agreement represent that they have the authority to sign this Agreement on
behalf of and bind their respective Parties.
THE PARTIES, BY THE SIGNATURES BELOW, AGREE THAT THEY HAVE READ AND UNDERSTAND THE
TERMS AND CONDITIONS OF THIS AGREEMENT AND TO BE BOUND BY THEM.
Grantee
Wisconsin Department of Military Affairs,
Division of Emergency Management City of Muskego
(WEM)
Greg Engle
WEM Administrator
11 /8/2024
Date Rick Petfalski
Mayor
Date
38
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit A — Approved Award
Funding Authorization Information
Funding authorization: The Department of Homeland Security as authorized by section 2220A of
the Homeland Security Act of 2002, as amended (Pub. L. No. 107-296) (6 U.S.C. § 665g)
Assistance Listing Number (ALN) or State Identification Number: 97.137
Federal Award Identification Number (FAIN): EMW-2022-CY-00053
Federal Award Date: 12/1/2022
Funding Award Description: The Infrastructure Investment and Jobs Act (IIJA) established grant
funding through the State and Local Cybersecurity Grant Program (SLCGP) to award grants to
eligible entities to address cybersecurity risks and cybersecurity threats to information systems. The
SLCGP provides funding to state, local, and tribal governments to improve their cybersecurity
capabilities. Administered through the federal Department of Homeland Security's (DHS)
Cybersecurity and Infrastructure Security Agency (CISA), the program aims to help state, local, and
tribal governments improve their cybersecurity posture and better protect their networks, systems,
and data from cyber threats.
Notice of Funding Opportunity: State & Local Cybersecurity Grant Program (SLCGP): Cycle 1
Funding
Project Director: Barbara Loudon, Director of Information Technology; City of Muskego
Project Summary: The City of Muskego's security policy's is constantly striving to meet the ever -changing
standards, best practices and compliance that are required of the Public Sector. Monies
from this grant would help off -set the one-time implementation costs that sometimes can
be cost prohibitive for agencies that have limited funds. This grant would also help us
increase the City's security landscape by implementing multi- factor authentication, and
setting up an MDR (Managed Detection Response) to help take some burden of the
limited City Staff.
Approved Award Budget
Budget Cost Category
Personnel
Fringe Benefits
Travel (Including Training)
Equipment
Supplies & Operating Expenses
Consultants/Contractual
Other
Indirect
Local Match
Subaward
$4,448.30
$19,869.00
39
Sum
$24,317.30
TOTAL APPROVED BUDGET $24,317.30
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit B - Special Conditions and additional monitoring.
Grantee: City of Muskego Award Date: November 6, 2024
......... ....... ......... ......... ..........
Project Title: State & Local Cybersecurity Grant Program/Strengthen City of Muskego
Cvber Securitv
Grant No.: 2022-SLCGP-01-13671
1. Nationwide Cybersecurity Review (NCSR)
Grant recipients must complete the Nationwide Cybersecurity Review
(NCSR) prior to grant close Year 1 and then annually for each year
funding is approved. The NCSR is available each year from October
through February at https://www.cisecurity.org/ms-isac/services/ncsr.
2. Cyber Hygiene Services
Grant recipients must sign up for free cyber hygiene services through
CISA: https://www.cisa.gov/cyber-hygiene-services.
40
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit C — Acknowledgement Notice
Recipient: City of Muskego
ACKNOWLEDGEMENT NOTICE
Date: November 01. 2024
Grant No. 2022-SLCGP-01-
13671
Project Title: State & Local Cybersecurity Grant Program/Strengthen City of Muskego Cyber
Security
The following regulations and obligations (referenced below) apply to your grant award.
®PROGRESS REPORTS must be submitted on a scheduled basis into the Egrants system. Narrative reports
on the status of your project are due on:
1/12/2025
1/12/2026
4/12/2025
4/12/2026
7/12/2025
7/12/2026
10/12/2025
9/30/2026
Final
PROGRESS Quarterly Reports due 04/12 include January, February and March program activity.
REPORTS NOTE: Quarterly Reports due 07/12 include April, May and June program activity.
Quarterly Reports due 10/12 include July, August and September program activity.
Quarterly Reports due 01/12 include October, November and December program activity
Reimbursements and grant modifications will be held if there are late program reports.
®FINANCIAL REPORTS must be submitted on a scheduled basis into the Egrants system. The Egrants job aid
"Submitting a Fiscal Report" may be found at hops://dma.wi.gov/DMA/wem/grants/admin-tools. Financial reports
on the status of your project are due in Egrants on:
1/12/2025
1/12/2026
4/12/2025
4/12/2026
7/12/2025
7/12/2026
10/12/2025
9/30/2026
Final
ZINVENTORY REPORT should reflect final inventory in your records. All equipment purchases must be
received, paid for, installed, and deployed before submitting report. Report is due in Egrants on or before:
Final
❑ Complete and return a W-9 Taxpayer Identification Number Verification Form (enclosed).
❑ OTHER:
ACKNOWLEDGEMENT
The materials referenced above were received and reviewed by the appropriate members of this
organization. I also acknowledge receipt of the Grant Award and any attached Special Conditions. I
understand that this grant is awarded subject to our compliance with all Conditions, Regulations, and
Obligations described in the above materials.
, Project Director
41
_,P;
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit D — DMA/WEM Standard Terms & Conditions
Article I. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for
this program are incorporated here by reference in the award terms and conditions. All recipients and subrecipients must
comply with any such requirements set forth in the program NOFO.
Article II. Compliance with Award Terms and Conditions
Submission of an application constitutes the recipient's agreement to comply with and spend funds consistent with all the
terms and conditions of this award. If DMA, WEM determines that noncompliance by the recipient cannot be remedied by
imposing additional conditions, WEM may take one or more of the following actions, as appropriate in the circumstances:
(a) Temporarily withhold cash payments pending correction of the deficiency by the recipient.
(b) Disallow all, or part of the cost of the activity or action not in compliance.
(c) Wholly or partly suspend or terminate the award.
(d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180.
(e) Withhold further Federal awards for the project or program.
(f) Take other remedies that may be legally available.
Article III. Recipient Responsibilities
In accepting this financial assistance award (grant or cooperative agreement), the recipient assumes legal, financial,
administrative, and programmatic responsibility for administering the award in accordance with the laws, rules,
regulations, and Executive Orders governing grants and cooperative agreements, and these Award Terms and Conditions,
including responsibility for complying with any provisions included in the award.
Article IV. Order of Precedence
Any inconsistency or conflict in the terms and conditions specified in this award will be resolved in accordance with the
term or condition that is the stricter of the two.
Article V. Adherence to Original Project Objectives and Budget Estimates
The recipient is responsible for any commitments or expenditures it incurs in excess of the funds provided by an award.
Pre -award costs are those incurred prior to the effective date of the award directly pursuant to the negotiation and in
anticipation of the award where such costs are necessary for efficient and timely performance of the scope of work. Such
costs are allowable only to the extent that they would have been allowable if incurred after the date of the award, and only
with the written approval of the program authorizing official or delegate.
Article VI. Acceptance of Post Award Changes
In the event DMA determines that changes are necessary to the award agreement after an award has been made, including
changes to period of performance or terms and conditions, subrecipients will be notified of the changes in writing. Once
notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award.
Article VII. Prior approval and modifications
All activity and the corresponding incurred expenses must be approved and have a fully executed award agreement prior to
conducting the activity and/or incurring the expense unless otherwise stated in the Notice of Funding Opportunity (NOFO).
The following require WEM's advanced written approval:
i. Changes to key personnel
ii. Changes to the grant period must be submitted prior to the approved end date of the grant.
iii. Changes to the scope, objectives, performance measures and intent of the approved award.
iv. Changes to the budget that do not fall within a change to the scope or objective but exceeds the approved
budget categories by ten percent (10%) of the total award.
WEM will notify the subrecipient in writing within 30 calendar days after receipt of the request for revision or adjustment
whether the request has been approved. Upon approval, WEM will issue a signed Grant Adjustment Notification (GAN).
All changes are not officially approved until the GAN is received by the subrecipient.
Article Vill. Allowable activity and costs
Only activity and expenses that are approved within the approved award's application may be allowable for reimbursement
by grant funds. All approved costs must be allowable, allocable, necessary and reasonable. To be allowable under a grant
program, costs must match the sub-grant's approved award and must comply with the following:
(a) Be incurred and obligated (purchase order issued, class scheduled) within the performance period.
(b) If incurred within the performance period, payment must be made within 30 days of the grant period end date and
prior to submitting a request for reimbursement.
43
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit D — DMA/WEM Standard Terms & Conditions
Article IX. Project Income
All income generated as a direct result of a grant -funded project shall be deemed project income. Project income must be
used for the purpose and under the conditions applicable to the award. Project income should be used as earned and
accounted for in your reimbursement request.
Article X. Duplication of Benefits
Any cost allocable to a particular financial assistance award provided for may not be charged to other financial assistance
awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or financial assistance
award terms and conditions; or for other reasons. However, these prohibitions would not preclude subrecipients from
shifting costs that are allowable under two or more awards in accordance with existing statutes, regulations, or the financial
assistance award terms and conditions.
Article XI. Procurement
Recipients and subrecipients shall use their own procurement procedures and regulations, provided that the procurement
conforms to applicable Federal, state, local, and tribal laws and procurement standards. Under Wis. Stat. § 16.73, the State
of Wisconsin's Department of Administration (DOA) is able, upon request, to provide technical purchasing information
such as standard forms, manuals, product specifications, standards, and contract templates.
Article XII. Travel expenses
Recipients and subrecipients shall use their own travel policy and procedures, provided that the policy and procedure
conform to applicable state law and federal law if not otherwise stated in the Notice of Funding Opportunity.
Article XIII. Equipment and supplies
Equipment and supplies must be received and placed into inventory before the end date of the grant. All personnel who
utilize equipment purchased with funds from this grant must receive training either through the equipment vendor or other
competent source specific to that piece of equipment before it is put into service. The sub -recipient is required to maintain
proper training and inventory records for the appropriate retention period.
Article XIV. Acknowledgement of Funding from WEM
Recipients and Subrecipients must acknowledge their use of 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 grant funds.
Article XV. Payments and closeout
Grant funds will be paid on a reimbursement basis only and disbursed by WEM upon completion of and approval of all
monitoring requirements including Program Report(s), Fiscal Report(s), and satisfaction of Special Conditions as well as
verification to the best of WEM's ability that all terms, conditions and requirements have been met. If DMA/WEM
determines that payment to the subrecipient was not proper after the payment has been made, WEM will notify the
subrecipient of recoupment in writing in which the subrecipient has 30 days to repay WEM or appeal the decision.
Article XVI. Monitoring
(a) Subrecipients must complete all required reporting and special conditions as stated in the NOFO, in the grant
management system (Egrants), and upon the request of WEM officials.
(c) Subrecipients must submit timely, complete, and accurate reports to the appropriate WEM officials and
maintain appropriate backup documentation to support the reports for the appropriate retention period.
(d) Subrecipients must comply with all other special reporting, data collection, and evaluation requirements, as
prescribed by law, or detailed in program guidance.
Article XVII. Best Practices forCollection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the PII they collect. Wis. Stats. § 19.62 (5) Personally Identifiable
Information (PII) means information that can be associated with a particular individual through one or more identifiers or
other information or circumstances. This includes, but is not limited to, Driver License Numbers, Social Security Numbers,
Addresses, Telephone numbers, Credit Card information and/or bank account information.
44
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit D — DMA/WEM Standard Terms & Conditions
Article XVIII. Maintaining, retaining and access to records
All recipients, subrecipients, successors, transferees, and assignees must comply with applicable provisions governing
access to records, accounts, documents, information, facilities, and staff.
(a) Subrecipients must maintain official grant records of all grant related activity, adherence to grant
requirements, and grant funded costs. This includes but is not limited to documentation of actual time and
effort of any personnel, materials, supplies, travel expenses, inventory records, management of assets,
rational and justification to support any split allocation of costs, and any other records that support the
allowability of expenditures of grant funds.
(b) Subrecipients must cooperate with any compliance reviews or compliance investigations conducted by the
State of Wisconsin, Department of Military Affairs and/or Wisconsin Emergency Management.
(e) Subrecipients must give access to examine and copy records, accounts, and other documents and sources of
information related to the financial assistance award and permit access to facilities or personnel.
Article XIX. Nondiscrimination
In connection with the performance of work under this agreement the grantee agrees not to discriminate against any
employee or grantee for employment because of age, race, religion, color, handicap, sex, physical condition, or
developmental disability as defined in Wis. Stats. § 51.01(5), arrest or conviction record, sexual orientation, as defined in
Wis. Stat. § 111.32(13m), or national origin, or ancestry, or marital status. This provision shall include, but not be limited
to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. Except with
respect to sexual orientation, the Grantee further agrees to take affirmative action to ensure equal employment
opportunities. The Grantee agrees to post in conspicuous places, available for employees and Grantees for employment,
notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. The recipient
shall comply with Section 504, rehabilitation Act of 1973 which prohibits discrimination on the basis of a physical
condition or handicap and the Age Discrimination Act of 1975, which prohibits discrimination because of age.
Article XX. Liability
The State of Wisconsin and the Department of Military Affairs, Wisconsin Emergency Management, its agents and
employees shall not be liable to the subrecipient, or to any individuals or entities with whom the subrecipient contracts for
any direct, indirect, incidental, consequential, or other damages sustained or incurred because of activities, actions or
inactions on the part of the subrecipient for services rendered pursuant to the Award Agreement. The subrecipient agrees to
indemnify and save and hold the Department of Military Affairs, Wisconsin Emergency Management, its agents and
employees harmless from all claims or causes of action arising from the performance of this award by the subrecipient or
subrecipient's agent or employees.
Article XXI. Establishment of safeguards
The recipient shall ensure the establishment of safeguards to prevent employees, consultants, or members of the governing
bodies from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private
gain for themselves or others, such as those with whom they have family, business, or other ties as specified in Wisconsin
Statutes § 946.10 and § 646.13.
Article XXII. Termination of Agreement.
Any termination of this grant award shall be without prejudice to any obligations or liabilities of either party already
accrued prior to such termination. This grant award may be terminated in whole or in part as follows:
(a) DMA/WEM may terminate this grant award at any time for cause by delivering thirty (30) days written
notice to the recipient. Upon termination, the awarding agency's liability will be limited to the pro rata cost
of the services performed as of the date of termination plus expenses incurred with the prior written approval
of the awarding agency.
(b) DMA/WEM may terminate this grant award at will effective upon delivery of written notice to the recipient,
under any of the following conditions:
(i) If the awarding agency's funding from federal, state, or other sources is not obtained and/or
continued at levels sufficient to allow for purchases of the indicated quantity of services, the grant
may be modified to accommodate a reduction or increase in funds.
(ii) If federal or state laws, rules, regulations, or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under this grant or
are no longer eligible for the funding proposed for payments by this grant.
(iii) If any license or certification required by law or regulation to be held by the recipient to provide the
services required by this grant award is for any reason denied, revoked, or not renewed.
45
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E — DHS Standard Terms and Conditions
Article I - Summary Description of Award
The purpose of the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP) is to assist
state, local, and territorial (SLT) governments with managing and reducing systemic cyber risk. Through
funding from the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law,
the SLCGP enables DHS to make targeted cybersecurity investments in SLT government agencies, thus
improving the security of critical infrastructure and improving the resilience of the services SLT
governments provide their community. This SLCGP award provides funding in the amount of: $3,794,514
for the state of Wisconsin. Of this amount, up to $189,725 can be retained by the State Administrative
Agency (SAA) for management and administrative expenses, and a total of $421,613 is the required cost
share. The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by
the recipient are incorporated into the terms of this Federal award, subject to the additional description and
limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA and
CISA of the award budget. Post -award documents uploaded into ND Grants for this award are also
incorporated into the terms and conditions of this award, subject to any limitations stated in subsequent
approvals by FEMA and CISA of changes to the award. Investments not listed in this Agreement Article are
not approved for funding under this award.
Article II - SLCGP Performance Goal
In addition to the Performance Progress Report (PPR) submission requirements due January 30, outlined
in NOFO Appendix A-11, recipients must demonstrate how the grant -funded projects address the capability
gaps identified in their Cybersecurity Plan or other relevant documentation or sustains existing capabilities
per the CISA-approved Investment Justification. The capability gap reduction or capability sustainment
must be addressed in the PPR, Section 10. Performance Narrative.
Article III - Cybersecurity Plan Pending Submission and Approval
FEMA has placed a funding hold on $3,744,514 in the FEMA financial systems. The recipient is prohibited
from obligating, expending, or drawing down these funds. To release this hold, the recipient is required to
submit a Cybersecurity Plan for approval by CISA. Please contact CISA at
SLCGPInfo@cisa.dhs.gov to receive further guidance on the steps required for Cybersecurity Plan
approval. If you have questions about this funding hold or believe it was placed in error, please contact
your FEMA GPD Headquarters Preparedness Officer, Essence Cleveland at
Essence.Cleveland@fema.dhs.gov.
Article IV - Committee Membership List Pending Submission or Approval
FEMA has placed a funding hold on this award, and the amount of $3,744,514 is on hold in the FEMA
financial systems. The recipient is prohibited from obligating, expending, or drawing down funds until the
Committee Membership List is submitted and approved. To release this hold, the recipient is required to
submit the Committee Membership List, and receive approval of the Membership List from CISA. Please
contact CISA at SLCGPInfo@cisa.dhs.gov to receive further guidance on the steps required to release this
hold. If you have questions about this funding hold or believe it was placed in error, please contact your
FEMA GPD Headquarters Preparedness Officer, Essence Cleveland at
Essence.Cleveland@fema.dhs.gov.
Article V - Funding Hold: Indirect Cost Rate Information Required
FEMA has placed a funding hold on this award, and $23,062.00 budgeted for indirect costs is on hold in the
FEMA financial systems. The recipient is prohibited from obligating, expending, or drawing down the funds
identified in this Article. To release the funding hold, the recipient must provide a fully executed indirect cost
rate agreement negotiated between the recipient and its cognizant Federal agency or a proposal. If the
recipient does not have a current indirect cost agreement or proposal, or if the recipient wants to charge the
de minimis rate or use a cost allocation plan, the recipient must contact the relevant Preparedness Officer
or Grants Management Specialist for further instructions. If you believe this funding hold was placed in
error, please contact the relevant Program Analyst or Preparedness Officer or Grants Management
Specialist.
Article VI - DHS Standard Terms and Conditions Generally
The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial
assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an
award term or condition specifically indicates otherwise. The United States has the right to seek judicial
enforcement of these obligations. All legislation and digital resources are referenced with no digital links.
46
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E — DHS Standard Terms and Conditions
The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at
www.dhs.gov/publication/fv15-dhs-standard-terms-and-conditions.
Article VII - Assurances, Administrative Requirements, Cost Principles, Representations and
Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget
(OMB) Standard Form 424B Assurances - Non -Construction Programs, or OMB Standard Form
424D Assurances - Construction Programs, as applicable. Certain assurances in these documents
may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may
require applicants to certify additional assurances. Applicants are required to fill out the assurances
as instructed by the awarding agency.
Il. DHS financial assistance recipients are required to follow the applicable provisions of the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.
Part 3002.
III. By accepting this agreement, recipients, and their executives, as defined in 2
C.F.R.section170.315, certify that their policies are in accordance with OMB's guidance located at
2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.
Article VIII - General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to
comply with applicable
provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations
conducted by DHS.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents
and sources of information related to the federal financial assistance award and permit access to
facilities or personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -through
entities) of federal financial assistance from DHS or one of its awarding component agencies must
complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of
Award for the first award under which this term applies. Recipients of multiple awards of DHS
financial assistance should only submit one completed tool for their organization, not per award.
After the initial submission, recipients are required to complete the tool once every two (2) years if
they have an active award, not every time an award is made. Recipients should submit the
completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool
clarifies the civil rights obligations and related reporting requirements contained in the DHS
Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to
DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-
evaluatinn-tnnl_
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an
extension if the recipient identifies steps and a timeline for completing the tool. Recipients should
request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration
of the 30-day deadline.
Article IX - Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases,
requests for proposal, bid invitations, and other documents describing projects or programs funded in
whole or in part with federal funds.
iVA
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E — DHS Standard Terms and Conditions
Article X - Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
Article XI - Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135
(1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on
the basis of age in any program or activity receiving federal financial assistance.
Article XII - 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. 101-336 (1990) (codified as amended at 42 U.S.C. sections 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 XIII - Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a publicly available
privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines
PII as any information that permits the identity of an individual to be directly or indirectly inferred, including
any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
Article XIV - Civil Rights Act of 1964 - Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as
amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on
the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal financial assistance. DHS
implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
Article XV - Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through
Pub. L. 113-4, 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 (see 42 U.S.C. section 3601 et seq.), as implemented by the
U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or more dwelling units - i.e.,
the public and common use areas and individual apartment units (all units in buildings with elevators and
ground -floor units in buildings without elevators) - be designed and constructed with certain accessible
features. (See 24 C.F.R. Part 100, Subpart D.)
Article XVI - Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work first
produced under federal financial assistance awards.
Article XVII - Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension regulations implementing
Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R.
Part 3002. These regulations restrict federal financial assistance awards, 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 XVIII - 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 Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106).
Article XIX - Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200,
48
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E — DHS Standard Terms and Conditions
Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies;
to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms
and conditions; or for other reasons. However, these prohibitions would not preclude recipients from
shifting costs that are allowable under two or more awards in accordance with existing federal statutes,
regulations, or the federal financial assistance award terms and conditions.
Article XX - 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.
92-318 (1972) (codified as amended at 20 U.S.C. section 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 and 44 C.F.R. Part 19.
Article XXI - Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163
(1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
Article XXII - False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733,
which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31
U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements
made.)
Article XXIII - Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant
debt include
delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-
129.)
Article XXIV - Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as
described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on
official government business or when performing any work for or on behalf of the Federal Government.
Article XXV - Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49
U.S.C.) 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. section 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 XXVI - Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in
part with federal 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. section 2225a.
Article XXVII - 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. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R.
Part 200. Beginning August 13, 2020, 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 XXVIII - 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. section 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
49
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E — DHS Standard Terms and Conditions
proficiency (LEP) to their programs and services. For additional assistance and information regarding
language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-
access-people-limited and additional resources on httD://www.leD.aov.
Article XXIX - Lobbying Prohibitions
Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under
a federal financial assistance 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.
Article XXX - National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA)
Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on
Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which
require recipients to use all practicable means within their authority, and consistent with other essential
considerations of national policy, to create and maintain conditions under which people and nature can
exist in productive harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
Article XXXI - Nondiscrimination in Matters Pertaining to Faith -Based Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs
administered or supported by DHS or its component agencies, enabling those organizations to participate
in providing important social services to beneficiaries. Recipients must comply with the equal treatment
policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and
guidance governing the participations of faith -based organizations in individual DHS programs.
Article XXXII - Non -Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by
law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same
purpose through non-federal sources.
Article XXXIII - Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity
(NOFO) for this program are incorporated here by reference in the award terms and conditions. All
recipients must comply with any such requirements set forth in the program NOFO.
Article XXXIV - Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by
law. Recipients are subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from federal financial assistance awards located at
37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14.
Article XXXV - 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. 89-272 (1965), (codified as amended by the Resource Conservation and
Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection
Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
Article XXXVI - Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-
112 (1973) (codified as amended at 29 U.S.C. section 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.
50
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E — DHS Standard Terms and Conditions
Article XXXVII - Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements: If the total value of any currently active grants, cooperative agreements,
and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of this federal award, then the recipients must comply with the
requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here
by reference in the award terms and conditions.
Article XXXVIII - Reporting Subawards and Executive Compensation
Reporting of first tier subawards: Recipients are required to comply with the requirements set forth in the
government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R.
Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and
conditions.
Article XXXIX - Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was
enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58
(2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's
Workers. See also Office of Management and Budget (OMB), Memorandum M-22-11, Initial
Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance
Programs for Infrastructure. Recipients and subrecipients of federal financial assistance programs for
infrastructure are hereby notified that none of the funds provided under this award may be used for a
project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States --this means all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States;
(2) all manufactured products used in the project are produced in the United States --this means the
manufactured product was manufactured in the United States; and the cost of the components of
the manufactured product that are mined, produced, or manufactured in the United States is
greater than 55 percent of the total cost of all components of the manufactured product, unless
another standard for determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation; and
(3) all construction materials are manufactured in the United States --this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in,
incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and
supplies, such as temporary scaffolding, brought to the construction site and removed at or before the
completion of the infrastructure project. Nor does a Buy America preference apply to equipment and
furnishings, such as movable chairs, desks, and portable computer equipment, that are
used at or within the finished infrastructure project, but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.
(a) When the federal agency has made a determination that one of the following exceptions
applies, the awarding official may waive the application of the domestic content procurement
preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the
public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
51
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E — DHS Standard Terms and Conditions
(3) the inclusion of iron, steel, manufactured products, or construction materials produced
in the United States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The
agency will provide instructions on the format, contents, and supporting materials 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 OMB Made in America Office. There may be instances where an award qualifies, in whole
or in part, for an existing waiver described. For awards by the Federal Emergency Management Agency
(FEMA), existing waivers are available and the waiver process is described at "Buy America" Preference in
FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by other DHS
components, please contact the applicable DHS FAO. To see whether a particular DHS federal financial
assistance program is considered an infrastructure program and thus required to include a Buy America
preference, please either contact the applicable DHS FAO, or for FEMA awards, please see Programs and
Definitions: Build America, Buy America Act I FEMA.gov.
Article XL - SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for
Emergency Communication Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
Article XLI - Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of
resources and support to, individuals and organizations associated with terrorism. Recipients are legally
responsible to ensure compliance with the Order and laws.
Article XLII - Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons: Recipients must comply with the requirements of the government -wide financial
assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000
(TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section
175.15, the full text of which is incorporated here by reference.
Article XLIII - Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier Recipients are required to
comply with the requirements set forth in the government -wide financial assistance award term regarding
the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25,
Appendix A, the full text of which is incorporated here by reference.
Article XLIV - USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act),
which amends 18 U.S.C. sections 175-175c.
Article XLV - Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast
Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
Article XLVI - Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and
4310.
Article XLVII - Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP)
review are subject to the FEMA EHP review process. This review does not address all federal, state, and
local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state,
and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of
all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by the
National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood
52
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E — DHS Standard Terms and Conditions
Insurance Program regulations; and any other applicable laws and executive orders. In order to initiate
EHP review of your project(s), you must submit a detailed project description along with supporting
documentation. The EHP review process must be completed before funds are released to carry out the
proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with
EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during
construction, applicant will monitor ground disturbance, and if any potential archeological resources are
discovered the applicant will immediately cease work in that area and notify the pass -through entity, if
applicable, and DHS/FEMA.
Article XLVIII - Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon
recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the
requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application
to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and
Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents
is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where
it does not already exist.
Article XLIX - Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has
been made, including changes to period of performance or terms and conditions, recipients will be notified
of the changes in writing. Once notification has been made, any subsequent request for funds will indicate
recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-
5646 or via e-mail to ASK-GMD(c_fema.dhs.gov if you have any questions.
Article L - Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a non -state recipient or
non -state subrecipients, when that equipment is no longer needed for the original project or program or for
other activities currently or previously supported by a federal awarding agency, you must request
instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313.
State recipients and state subrecipients must follow the disposition requirements in accordance with state
laws and procedures.
Article LI - Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must request prior written
approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non -construction
projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R.
section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or
activities. Therefore, for awards with an approved budget where the federal share is greater than the
simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost
categories, programs, functions, or activities without prior written approval from FEMA where the
cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of
the total budget FEMA last approved. For purposes of awards that support both construction and non -
construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the
recipient to obtain prior written approval from FEMA before making any fund or
budget transfers between the two types of work. You must report any deviations from your FEMA approved
budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless
of whether the budget deviation requires prior written approval.
Article LII - Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the
federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other
materials approved by FEMA and included in the award file.
53
WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E - Federal Assurances for Non -Construction Programs
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the Office of Management and Budget,
Paperwork Reduction Project (0348-0040), Washington, DC 20503
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact
the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and
the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share of
project cost) to ensure proper planning, management, and
completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of
the United States, and if appropriate, the State, through any
authorized representative, access to and the right to
examine all records, books, papers, or documents related
to the award; and will establish a proper accounting system
in accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of
interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§ 4728-4763) relating to prescribed
standards for merit systems for programs funded under one
of the 19 statutes or regulations specified in Appendix A of
OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
prohibits discrimination on the basis of race, color or
national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits discrimination
on the basis of handicaps; (d) the Age Discrimination Act of
1975, as amended (42 U.S.C. §§ 6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug
Abuse Office and Treatment Act of 1972 (P.L. 92-255),
which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits
discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C.
§§ 6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug Abuse Office and Treatment
Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; (g) §§ 523
and 527 of the Public Health Service Act of 1912 (42
U.S.C. §§ 290 dd-3 and 290 ee 3), as amended, relating
to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42
U.S.C. § 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in
the specific statute(s) under which application for
Federal assistance is being made; and Q) the
requirements of any other nondiscrimination statute(s)
which may apply to the application.
Will comply, or has already complied, with the
requirements of Titles II and III of the uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is
acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in
real property acquired for project purposes regardless
of Federal participation in purchases.
Will comply, as applicable, with the provisions of the
Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
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WEM Grant Agreement 2022-SLCGP-01-13671
Exhibit E - Federal Assurances for Non -Construction Programs
9. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. § 276c and 18 U.S.C. §§ 874) and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§ 327-
333), regarding labor standards for federally assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of
Federal actions to State (Clear Air) Implementation Plans
under Section 176(c) of the Clear Air Act of 1955, as
amended (42 U.S.C. §§ 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended, (P.L. 93-523); and
(h) protection of endangered species under the Endangered
Species Act of 1973, as amended, (P.L. 93-205).
12 Will comply with the Wild and Scenic Rivers Act of 1968
(16 U.S.C. §§ 1721 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. § 470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§ 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development,
and related activities supported by this award of
assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§ 4801 et seq.) which
prohibits the use of lead- based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
Audits of States, Local Governments, and Non -Profit
Organizations.
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
Mayor
APPLICANT ORGANIZATION
DATE SUBMITTED
City of Muskego
Previous Edition Usable Standard Form 424B (Rev. 7-97) 55
Authorized for Local Reproduction Prescribed by OMB Circular A-102