On the agenda: Billings Full Agenda Packet — data center (Oct 20)

OFFICIAL AGENDA
TUESDAY October 20, 2026
Meeting Start Time: 9:00 a.m.
Board of County Commissioners
Yellowstone County, Montana
Ostlund Building
2825 3rd Ave N, Room 309
Billings, MT

Pledge to the Flag: Moment of Silence: Minutes
REGULAR AGENDA

PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS

CLAIMS
CONSENT AGENDA
1.

COMMISSIONERS
Board Openings - City/County Planning District 4&5/Broadview Cemetery/Blue Creek
FSA/Laurel Fire District 5&7/Huntley Project FSA/Consolidated Zoning Commission/Lockwood
Pedestrian Safety District/Allies in Aging

2.

FINANCE
a.

Bond for Lost Warrant

b.

IT Cyber Security - Homeland Security Grant Award

3.

INFORMATION TECHNOLOGY
a.

New Lumen Network Contract

b.

Creation IT Role "Training and Support Coordinator"

4.

5.

PUBLIC WORKS
a.

BAHL Centennial Ice Arena - Extension

b.

Public Works - Road Use and Maintenance Agreement to Mitigate Impacts to Heiken Road and
Buffalo Trail Road
SHERIFF
2026 Byrne Justice Assistance Grant (JAG)

6.

HUMAN RESOURCES
a.

Resolution 26-117 - Detention Sergeant Attendance Incentive Plan

b.

PERSONNEL ACTION REPORTS - Detention Facility - 2 Appointments & 2 Terminations;
Motor Vehicle - 1 Appointment; Youth Services Center - 1 Appointment; County Attorney 1 Termination; MetraPark - 1 Salary & Other

FILE ITEMS
1.

AUDITOR
a.

Payroll Audit from August 16 - August 31, 2026

b.

Payroll Audit from September 1 - September 15, 2026

c.

Payroll Audit from September 16 - September 30, 2026

2.

3.

HUMAN RESOURCES
a.

August 16 through 31 Payroll Audit

b.

September 1 through 15 Payroll Audit

c.

September 16 through 30 Payroll Audit
PUBLIC WORKS
Contract with Billings Construction Supply

PUBLIC COMMENTS ON COUNTY BUSINESS
*Public comment is an opportunity for individuals to address the Board, however, the Board cannot engage
in discussion or take action on items not properly noticed on the agenda. Public comment is limited to 3
minutes per individual.

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Board Openings
Submitted By: Erika Guy
TOPIC:
Board Openings - City/County Planning District 4&5/Broadview Cemetery/Blue Creek FSA/Laurel Fire
District 5&7/Huntley Project FSA/Consolidated Zoning Commission/Lockwood Pedestrian Safety
District/Allies in Aging

BACKGROUND:
See Attached
RECOMMENDED ACTION:
Post

Attachments
Board Openings

October 20, 2026
CITY/COUNTY PLANNING: DIST 4
CITY/COUNTY PLANNING: DIST 5

2 year
2 year

1 partial to 12/31/26
1 full to 12/31/27

NOTE: To be eligible for the above special district boards, applicants must live AND own property within
the boundaries of the district. To find which planning district you live in, please contact the City/County
Planning Division at 247-8676.
3 year
3 year

1 full to 6/30/29

LAUREL FIRE DISTRICT #5
LAUREL FIRE DISTRICT #7

3 year

1 full to 5/1/28

3 year

1 full to 5/1/28

HUNTLEY PROJECT FIRE SERVICE AREA

3 year

1 full to 6/30/29

BROADVIEW CEMETERY
BLUE CREEK FIRE SERVICE AREA

2 full to 5/8/27

NOTE: To be eligible for the above special district boards, applicants must live OR own property within the
boundaries of the district.
CONSOLIDATED ZONING COMMISSION

2 year

1 full to 6/30/27

NOTE: Eligible applicants for the above board must live outside the city limits of Billings but within 4-1/2
mile zoning boundary.
LOCKWOOD PEDESTRIAN SAFETY DISTRICT ADV.

3 year

1 partial to 12/31/27

ALLIES IN AGING

2 year

2 full to 6/30/28

APPLICATIONS FOR THE ABOVE POSITIONS WILL BE ACCEPTED
UNTIL 5:00PM ON THURSDAY, November 19, 2026

October 6, 2026
LOCKWOOD URBAN TRANSPORTATION DISTRICT
FUEGO FIRE SERVICE AREA

4 year
3 year

2 full to 5/2/28
1 full to 12/31/28

WORDEN FIRE DISTRICT #4
LAUREL FIRE DISTRICT #7

3 year
3 year

1 full to 5/1/29
1 full to 5/1/29

NOTE: To be eligible for the above special district boards, applicants must live OR own
property within the boundaries of the district.
CONSOLIDATED ZONING COMMISSION

2 year

1 full to 6/30/28

NOTE: Eligible applicants for the above board must live outside the city limits of Billings but within 4-1/2
mile zoning boundary.
CUSTER CEMETERY BOARD

3 year

1 partial to 6/30/27

TAX APPEAL BOARD

3 year

1 full to 12/31/29

APPLICATIONS FOR THE ABOVE POSITIONS WILL BE ACCEPTED
UNTIL 5:00PM ON THURSDAY, November 5, 2026

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Bond for Lost Warrant
Submitted By: Anna Ullom, Senior Accountant
TOPIC:
Bond for Lost Warrant
BACKGROUND:
Bond for Lost Warrant on lost check
RECOMMENDED ACTION:
Approve reissue

Attachments
Bond for Lost Warrant

2. a.

BOND FOR LOST WARRANT
On August 21 , 2026
Yellowstone County issued a warrant numbered 872135
to
DUBAY, DECLAN T
(Principal) in the amount of $1 017.17
. The warrant was drawn
in payment of PAYROLL FOR 8/1-8/15/26
. Principal now attests that the warrant
has been lost or destroyed , and it has undertaken a diligent search but has been unable to recover
the warrant. Moreover, Principal has not received payment on the claim. Therefore, Principal has
to
requested that Yellowstone County issue a duplicate warrant in the same sum of $1 017.17
replace the lost or destroyed warrant.
WHEREFORE, Principal agrees to indemnify and hold harmless Yellowstone County and its officers
from all loss, costs, or damages incurred as a result of issuing the duplicate warrant, should
Yellowstone County issue a duplicate warrant, and agrees to release any and all claims that principal
may have against Yellowstone County now or in the future as related to payment of the above stated
claim. Principal also agrees to pay to any person entitled to receive payment under the original
warrant, as the lawful holder of the original warrant, all monies received upon the duplicate warrant.
Further, Principal agrees to bind itself, its heirs, assigns, executors, administrators, successors and
assigns, jointly and severally, for twice the amount of the original warrant as required by M.C.A. 7-72104 (2) , which is$ 2,034.34 and may be enforced in the event the Principal cashes both the
original warrant and the replacement warrant. In addition , Principal agrees to pay reasonable
attorney's fees, and to cover all losses, damages, and other costs incurred by Yellowstone County in
enforcing its rights under this bond.

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Mailing Address for replacement check

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This instrument was acknowledged before me on this

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(NOTARIAL

APPROVED:

Chair, Board of County Commissioners

)

STEPHAN J LICITAA
NOTARY PUBLIC for the
State of Montana
Residing at Missoula, MT
My Commission Expires
February 18, 2027.

Date

Replaced with warrant#_ _ _ _ _ , dated _____ (completed by County)

B.O.C.C. Regular
Meeting Date: 10/20/2026

2. b.

Title:
IT Cyber Security - Homeland Security Grant Award
Submitted By: Anna Ullom, Senior Accountant
TOPIC:
IT Cyber Security - Homeland Security Grant Award

BACKGROUND:
An IT hardware grant was applied for through the Department of Homeland Security, administered by the
State of Montana's DES Department. Yellowstone County has been awarded $169,435 for the purchase
of replacement and the upgrade of end of life network-related hardware. Per the Notice of Funding
Opportunity (NOFO), all sub-recipients are required to register and maintain CISA's no cost Cyber
Hygiene Services (CyHy).This grant is on a reimbursement basis, and we will only receive payment after
purchases are made and paid for.
Finance note: As this grant is through Federal funding, accepting the award will mean we are accepting
all Federal grant conditions, which are subject to change by the OMB and can be applied retroactively to
all Federal grants.
RECOMMENDED ACTION:
Approve.

Attachments
Award Letter - IT Cyber Security Homeland Security Grant
Montana DES Cybersecurity Grant Program Guidance

Award Letter

State and Local Cybersecurity Grant Program
FY 2022 Award Letter

July 1, 2026

Larry Ziler
Yellowstone County
2825 3rd Avenue North
Billings MT 59101
Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application for financial
assistance submitted under the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP), End of
Life Hardware Replacement has been approved in the amount of $169,435.00 Yellowstone County is not
required to match this award with any amount of non-Federal funds.
Before Yellowstone County requests and receives any of the Federal funds, acceptance of the award must be
established. By accepting this award, Yellowstone County acknowledges that the terms of the following
documents are incorporated into the terms of this award:
•
•
•

Agreement Articles (attached to this Award Letter)
Obligating Document for Award (attached to this Award Letter)
FY 22 State and Local Cybersecurity Grant Program Notice of Funding Opportunity

Per the Notice of Funding Opportunity (NOFO), all sub-recipients are required to complete the following:
• Register and maintain CISA’s no cost Cyber Hygiene Services (CyHy)
Please make sure you read, understand, and maintain a copy of these documents in the official file for this award.
To establish acceptance of the award and its terms, please complete, sign and return the Obligating Document for
Award to: [email protected] The SLCGP is a reimbursement grant; The awardee will receive grant
funds as a reimbursement payment by submitting for reimbursement after the purchase is made and the invoice is
paid.
Sincerely,

Burke S.
Honzel

Digitally signed by Burke
S. Honzel
Date: 2026.09.30
08:17:36 -06'00'

Burke S. Honzel
Preparedness Bureau Chief
Montana Disaster and Emergency Services

Agreement Articles

AGREEMENT ARTICLES
State and Local Cybersecurity Grant Program
SUB-RECIPIENT:
Yellowstone County
PROGRAM:
State and Local Cybersecurity Grant
STATE GRANT NUMBER: 22SLCGPYLSTNEOL

TABLE OF CONTENTS
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33

Summary Description of Award
SLCGP Performance Goal
DHS Standard Terms and Conditions Generally
Assurances, Administrative Requirements, Cost Principles, Representations and
Certifications
General Acknowledgements and Assurances
Acknowledgement of Federal Funding from DHS
Activities Conducted Abroad
Age Discrimination Act of 1975
Americans with Disabilities Act of 1990
Best Practices for Collection and Use of Personally Identifiable Information
Civil Rights Act of 1964 – Title VI
Civil Rights Act of 1968
Copyright
Debarment and Suspension
Drug-Free Workplace Regulations
Duplication of Benefits
Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Energy Policy and Conservation Act
False Claims Act and Program Fraud Civil Remedies
Federal Debt Status
Federal Leadership on Reducing Text Messaging while Driving
Fly America Act of 1974
Hotel and Motel Fire Safety Act of 1990
John S. McCain National Defense Authorization Act of Fiscal Year 2019
Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Lobbying Prohibitions
National Environmental Policy Act
Nondiscrimination in Matters Pertaining to Faith-Based Organizations
Non-Supplanting Requirement
Notice of Funding Opportunity Requirements
Patents and Intellectual Property Rights
Procurement of Recovered Materials
Rehabilitation Act of 1973

Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45
Article 46
Article 47
Article 48
Article 49
Article 50
Article 51
Article 52
Article 53

Reporting of Matters Related to Recipient Integrity and Performance
Reporting Subawards and Executive Compensation
Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
SAFECOM
Terrorist Financing
Trafficking Victims Protection Act of 2000 (TVPA)
Universal Identifier and System of Award Management
USA PATRIOT Act of 2001
Use of DHS Seal, Logo and Flags
Whistleblower Protection Act
Environmental Planning and Historic Preservation (EHP) Review
Applicability of DHS Standard Terms and Conditions to Tribes
Acceptance of Post Award Changes
Disposition of Equipment Acquired Under the Federal Award
Prior Approval for Modification of Approved Budget
Indirect Cost Rate
MT DES Specific Acknowledgements and Assurances
Accruals
Authorized Representative
Cyber Hygiene Services

Article 1

Summary Description of Award
The purpose of the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP) is to
assist state, local, and territorial (SLT) governments with managing and reducing systemic cyber
risk. Through funding from the Infrastructure Investment and Jobs Act, also known as the Bipartisan
Infrastructure Law, the SLCGP enables DHS to make targeted cybersecurity investments in SLT
government agencies, thus improving the security of critical infrastructure and improving
the resilience of the services SLT governments provide their community. This SLCGP award
provides funding in the amount of: $2,427,866 for the state of Montana. Of this amount, up to
$121,393 can be retained by the State Administrative Agency (SAA) for management and
administrative expenses. The terms of the approved Investment Justification(s) and Budget Detail
Worksheet(s) submitted by the recipient are incorporated into the terms of this Federal award,
subject to the additional description and limitations stated in this Agreement Article and the
limitations stated in subsequent reviews by FEMA and CISA of the award budget. Post-award
documents uploaded into ND Grants for this award are also incorporated into the terms and
conditions of this award, subject to any limitations stated in subsequent approvals by FEMA and
CISA of changes to the award. Investments not listed in this Agreement Article are not approved for
funding under this award.

Article 2

SLCGP Performance Goal
In addition to the Performance Progress Report (PPR) recipients must demonstrate how the grantfunded projects address the capability gaps identified in their Cybersecurity Plan or other relevant
documentation or sustains existing capabilities per the CISA-approved Investment Justification. The
capability gap reduction or capability sustainment must be addressed in Performance Narrative.

Article 3

DHS Standard Terms and Conditions Generally
The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial
assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients
unless an award term or condition specifically indicates otherwise. The United States has the right
to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard
Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-standardterms-and-conditions.

Article 4

Assurances, Administrative Requirements, Cost Principles, Representations and

Certifications
I. DHS financial assistance recipients must complete either the Office of Management and
Budget (OMB) Standard Form 424B Assurances - Non-Construction Programs, or OMB
Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in
these documents may not be applicable to your program, and the DHS financial assistance office
(DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill
out the assurances as instructed by the awarding agency.
II. DHS financial assistance recipients are required to follow the applicable provisions of the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at
2 C.F.R. Part 3002.
III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. section
170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R.
Part 200, all applicable federal laws, and relevant Executive guidance.
Article 5

Article 6

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 passthrough 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
[email protected]. This tool clarifies the civil rights obligations and related
reporting requirements contained in the DHS Standard Terms and Conditions.
Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool
can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool.
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an
extension if the recipient identifies steps and a timeline for completing the tool. Recipients
should request extensions by emailing the request to [email protected]
prior to expiration of the 30-day deadline.
Acknowledgement of Federal Funding from DHS

Recipients must acknowledge their use of federal funding when issuing statements, press releases,
requests for proposal, bid invitations, and other documents describing projects or programs funded in
whole or in part with federal funds.

Article 7

Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.

Article 8

Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of
age in any program or activity receiving federal financial assistance.

Article 9

Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities
Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which
prohibits recipients from discriminating on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing
entities.

Article 10

Best Practices for Collection and Use of Personally Identifiable
Information
Recipients who collect personally identifiable information (PII) as part of carrying out the scope of
work under a federal award are required to have a publicly available privacy policy that describes
standards on the usage and maintenance of the PII they collect. DHS defines PII as any information
that permits the identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 11

Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No.
88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the
United States will, on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving
federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21.
Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply
with FEMA’s implementing regulations at 44
C.F.R. Part 7.

Article 12

Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as
amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale,
rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith,
on the basis of race, color, national origin, religion, disability, familial status, and sex, as
implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100.
The prohibition on disability discrimination includes the requirement that new multifamily housing
with four or more dwelling units— i.e., the public and common use areas and individual apartment
units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be
designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)

Article 13

Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first
produced under federal awards and also include an acknowledgement that the work was produced
under a federal award (including the federal award number and federal awarding agency). As
detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to
authorize others to do so.

Article 14

Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as
implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into
covered transactions (such as subawards and contracts) with certain parties that are debarred,
suspended, or otherwise excluded from or ineligible for participation in federal assistance programs
or activities.

Article 15

Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the
recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation
(2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 16

Duplication of Benefits
Recipients are prohibited from charging any cost to this federal award that will be included as a cost
or used to meet cost sharing or matching requirements of any other federal award in either the

current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs
that are allowable under two or more federal awards where otherwise permitted by federal statutes,
regulations, or the federal financial assistance award terms and conditions.
Article 17

Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972,
Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in
the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any educational program or activity receiving federal financial
assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award
from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s
implementing regulations at 44 C.F.R. Part 19.

Article 18

Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L.
No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to
energy efficiency that are defined in the state energy conservation plan issued in compliance with this
Act.

Article 19

False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which
prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31
U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)

Article 20

Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of
relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit
overpayments. (See OMB Circular A-129.)

Article 21

Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving
recipient-owned, recipient-rented, or privately owned vehicles when on official government business
or when performing any work for or on behalf of the Federal Government. Recipients are also
encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.

Article 22

Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be
found at: Certificated Air Carriers List | US Department of Transportation,
https://www.transportation.gov/policy/aviation-policy/certificated- air-carriers-list)for international air
transportation of people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the
interpretative guidelines issued by the Comptroller General of the United States in the March 31,
1981, amendment to Comptroller General Decision B-138942.

Article 23

Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in
part by federal award funds complies with the fire prevention and control guidelines of Section 6 of
the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

Article 24

John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions
described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. 200.216, 200.327, 200.471, and Appendix II to 2
C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors
and subcontractors – prohibits obligating or expending federal award funds on certain
telecommunications and video surveillance products and contracting with certain entities for
national security reasons.

Article 25

Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.)
prohibition against discrimination on the basis of national origin, which requires that recipients of

federal financial assistance take reasonable steps to provide meaningful access to persons with
limited English proficiency (LEP) to their programs and services. For additional assistance and
information regarding language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance-published-help- department-supported- organizations-providemeaningful-access-people-limited and additional resources on http://www.lep.gov.
Article 26

Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the
funds provided under a federal award may be expended by the recipient to pay any person to
influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with any
federal action related to a federal award or contract, including any extension, continuation, renewal,
amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as
described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying
Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available
on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

Article 27

National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L.
No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on
Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA,
which require recipients to use all practicable means within their authority, and consistent with other
essential considerations of national policy, to create and maintain conditions under which people
and nature can exist in productive harmony and fulfill the social, economic, and other needs of
present and future generations of Americans.

Article 28

Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs
administered or supported by DHS or its component agencies, enabling those organizations to
participate in providing important social services to beneficiaries. Recipients must comply with the
equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable
statues, regulations, and guidance governing the participations of faith- based organizations in individual
DHS programs.

Article 29

Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal
funds supplement but do not supplant non-federal funds that, in the absence of such federal funds,
would otherwise have been made available for the same purpose.

Article 30

Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice
of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients
must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is
inconsistent with these terms and conditions and any such terms of the Award, the condition in the
NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other
conditions set forth in the NOFO shall remain in effect.

Article 31

Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations
governing inventions and patents, including the regulations issued by the Department of Commerce at
37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
under Government Awards, Contracts, and Cooperative Agreements) and the standard patent
rights clause set forth at 37 C.F.R. § 401.14.

Article 32

Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the
Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource
Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition.

Article 33

Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L.
No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified
handicapped individuals in the United States will, solely by reason of the handicap, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.

Article 34

Reporting of Matters Related to Recipient Integrity and Performance
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of the federal award, then the recipient must comply with
the requirements set forth in the government-wide Award Term and Condition for Recipient
Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of
which is incorporated by reference.

Article 35

Reporting Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to comply with the
requirements set forth in the government-wide award term on Reporting Subawards and Executive
Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by
reference.

Article 36

Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
Recipients of an award of Federal financial assistance from a program for infrastructure are hereby
notified that none of the funds provided under this award may be used for a project for infrastructure
unless: (1) all iron and steel used in the project are produced in the United States—this means all
manufacturing processes, from the initial melting stage through the application of coatings, occurred
in the United States; (2) all manufactured products used in the project are produced in the United
States—this means the manufactured product was manufactured in the United States; and the cost
of the components of the manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all components of the manufactured
product, unless another standard for determining the minimum amount of domestic content of the
manufactured product has been established under applicable law or regulation; and (3) all
construction materials are manufactured in the United States—this means that all manufacturing
processes for the construction material occurred in the United States. The Buy America preference
only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to
an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of
the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at or within the
finished infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project. Waivers, when necessary, recipients may apply for, and the agency may
grant, a waiver from these requirements. The agency should notify the recipient for information on
the process for requesting a waiver from these requirements. (a) When the Federal agency has
determined that one of the following exceptions applies, the awarding official may waive the
application of the domestic content procurement preference in any case in which the agency
determines that: (1) applying the domestic content procurement preference would be inconsistent
with the public interest; (2) the types of iron, steel, manufactured products, or construction materials
are not produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction
materials produced in the United States will increase the cost of the overall project by more than 25
percent. A request to waive the application of the domestic content procurement preference must be
in writing. The agency will provide instructions on the format, contents, and supporting materials
required for any waiver request. Waiver requests are subject to public comment periods of no less
than 15 days and must be reviewed by the Made in America Office. There may be instances where
an award qualifies, in whole or in part, for an existing waiver described as “Buy America” Preference
in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Definitions The definitions
applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by
reference.

Article 37

SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for
Emergency Communication Grants, including provisions on technical standards that ensure and
enhance interoperable communications. The SAFECOM Guidance is updated annually and can be
found at Funding and Sustainment | CISA.

Article 38

Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism.
Recipients are legally responsible for ensuring compliance with the E.O. and laws.

Article 39

Trafficking Victims Protection Act of 2000 (TVPA)
Recipients must comply with the requirements of the government-wide financial assistance award
term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106
(codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full
text of which is incorporated by reference.

Article 40

Universal Identifier and System of Award Management
Recipients are required to comply with the requirements set forth in the government-wide financial
assistance award term regarding the System for Award Management and Universal Identifier
Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

Article 41

USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT
Act), which amends 18 U.S.C. §§ 175–175c.

Article 42

Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or
reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS components
(e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component
officials.

Article 43

Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10
U.S.C § 470141 U.S.C. § 4712.

Article 44

Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation
(EHP) review are subject to the FEMA EHP review process. This review does not address all federal,
state, and local requirements. Acceptance of federal funding requires the recipient to comply with all
federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and
cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as
mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as
amended; National Flood Insurance Program regulations; and any other applicable laws and executive
orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on
how to submit information for EHP review depends on the individual grant program and applicants
should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting
their specific grant program. The EHP review process must be completed before funds are released to
carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to
noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing
activities occur during construction, the applicant will monitor ground disturbance, and if any potential
archaeological resources are discovered the applicant will immediately cease work in that area and
notify the pass-through entity, if applicable, and DHS/FEMA.

Article 45

Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon
recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the

requirement does not apply to Indian tribes or there is a federal law or regulation exempting its
application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms
and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant
documents is not intended to change, alter, amend, or impose additional liability or responsibility upon
the Tribe where it does not already exist.
Article 46

Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an
administrative change must be made to the award package, recipients will be notified of the change
in writing. Once the notification has been made, any subsequent requests for funds will indicate
recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at
(866) 927-5646 or via e-mail to: [email protected] if you have any questions.

Article 47

Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a non-state recipient
or non-state sub-recipients, when that equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a federal awarding agency, you
must request instructions from FEMA to make proper disposition of the equipment pursuant to 2
C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition
requirements in accordance with state laws and procedures.

Article 48

Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must request prior written
approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction
projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section
200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or
activities. Therefore, for awards with an approved budget where the federal share is greater than the
simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost
categories, programs, functions, or activities without prior written approval from FEMA where the
cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total
budget FEMA last approved. For purposes of awards that support both construction and nonconstruction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require
the recipient to obtain prior written approval from FEMA before making any fund or budget transfers
between the two types of work. You must report any deviations from your FEMA approved budget in
the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of
whether the budget deviation requires prior written approval.

Article 49

Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for
the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents
or other materials approved by FEMA and included in the award file.

Article 50

MT DES Specific Acknowledgements and Assurances
Sub-recipients must acknowledge and agree to comply with applicable provisions governing MT
DES access to records, accounts, documents, information, facilities, and staff.
1. Sub-recipients must cooperate with any compliance reviews or compliance investigations
conducted by MT DES.
2. Sub-recipients must give MT DES access to, and the right to examine and copy, records,
accounts, and other documents and sources of information related to the federal financial
assistance award and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by MT DES regulations and other applicable
laws or program guidance.
3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate MT
DES officials and maintain appropriate backup documentation to support the reports.
4. Sub-recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
5. The State of Montana shall not be liable for any reimbursement amount greater than the
award amount available to each sub-recipient.
6. Failure of the sub-recipient to accomplish SLCGP objectives may result in the reduction or

withholding of funds, or other action, as determined by MT DES.
The State of Montana has the right to seek judicial enforcement of these obligations.
Article 51

Accruals
As established within Montana Operations Manual Policy, accrual documentation is required of all
sub-recipients by the Montana Department of Administration, State Financial Services Division, and
must be submitted to MT DES no later than the second week of June, or as instructed by MT DES.

Article 52

Authorized Representative
As evidenced by the signatures found in the Letter of Obligation, the Sub-Recipient Signatory
Official agrees to appoint the Sub-Recipient Authorized Representative to act on behalf of
Yellowstone County. This individual shall be duly authorized with all necessary powers with regard
to the administration and oversight of the 2022 State and Local Cybersecurity Grant Program,
22SLCGPYLSTNEOL. The Catalog of Federal Domestic Assistance (CFDA) number associated
with this grant is 97.137.

Article 53

Cyber Hygiene Services
Subrecipients of FY 2022 SLCGP are required to register and maintain CISA’s no cost Cyber
Hygiene (CyHy) Services for vulnerability services and web application services as outline in the
Notice of Funding Opportunity. Subrecipients will report completion with performance progress
reports.

Obligating Document for Award
STATE GRANT NUMBER:
22SLCGPYLSTNEOL

FEDERAL AGREEMENT
NUMBER:

SUB-RECIPIENT NAME AND ADDRESS:
Yellowstone County
2825 3rd Avenue North
Billings, MT 59101

ISSUING STATE OFFICE AND ADDRESS:
Montana Disaster and Emergency Services
P.O. Box 4789
1956 MT Majo Street
Fort Harrison, MT 59636-4789

EMW-2022-CY-00027

AMENDMENT NUMBER:
NAME OF SUBRECIPIENT AUTHORIZED
REPRESENTATIVE:
Larry Ziler
EFFECTIVE DATE OF THIS
ACTION:

SUB-RECIPIENT AUTHORIZED REPRESENTATIVE CONTACT INFORMATION:
[email protected]
406-254-7918
406-254-7918
METHOD OF PAYMENT:
EFT

9/22/2026

[email protected]

PERIOD OF PERFORMANCE:
From:
To:
7/1/2026
09/30/2027

FEDERAL AWARD AMOUNT: $169,435.00
ASSISTANCE
ARRANGEMENT:

NAME AND CONTACT INFORMATION OF MT
DES GRANT COORDINATOR:

CFDA #:

Cost Reimbursement

97.137

Budget Period:
From:
7/1/2026

To:
09/30/2027

SUB-RECIPIENT SIGNATORY OFFICIAL (Name and Title)

DATE

SUB-RECIPIENT AUTHORIZED REPRESENTATIVE (Name and Title)

DATE

MT DES SIGNATORY (Name, Title and Date)

Pam Fruh

Digitally signed by Pam
Fruh
Date: 2026.09.29
16:11:56 -06'00'

Pam Fruh, Preparedness Program Manager, Authorized Organizational Representative

Montana State and Local Cybersecurity
Grant Program Guidance
Guidance Released: November 17, 2025

MONTANA DISASTER AND EMERGENCY SERVICES

1956 Mt. Majo Street
PO Box 4789
Fort Harrison, MT 59636

STATE & LOCAL CYBERSECURITY GRANT PROGRAM
TABLE OF CONTENTS

State and Local Cybersecurity Grant Program .............................................................................................. 4
KEY DATES: .................................................................................................................................................... 4
1.0

Overview .......................................................................................................................................... 5

2.0

Purpose and Objectives ................................................................................................................... 5

3.0

Funding ............................................................................................................................................ 5

4.0

Grant Requirements – State Level ................................................................................................... 6

5.0

Eligibility Requirements for Local Applicants................................................................................... 7

5.1

Eligible Applicants ....................................................................................................................... 7

5.2

Applications................................................................................................................................. 7

5.3

Cost Share or Match.................................................................................................................... 7

5.4

Unique Entity Identifier (UEI) ..................................................................................................... 7

5.5

Applicant Agent or Authorized Representative ......................................................................... 7

5.6

Application Review and Recommendation................................................................................ 7

6.0

Project Categories and Activities ..................................................................................................... 8

6.1

Training........................................................................................................................................ 8

6.2

Management and Administration .............................................................................................. 8

7.0

Unallowable Costs and Activities ..................................................................................................... 8

7.1

Unallowable Costs ...................................................................................................................... 8

7.2

Supplanting ................................................................................................................................. 9

7.3

Telecommunication, Video Surveillance Equipment and Services ........................................... 9

8.0

Procurement .................................................................................................................................... 9

9.0

Award Administration Information................................................................................................ 10

9.1

Award Administration .............................................................................................................. 10

9.2

Nationwide Cybersecurity Review - Required ............................ Error! Bookmark not defined.

9.3

CYBER HYGIENE SERVICES - Required ...................................................................................... 10

10.0

Reporting ....................................................................................................................................... 10

10.1

Progress Reports ....................................................................................................................... 10

10.2

Reimbursement Requests......................................................................................................... 11

10.3

Accruals ..................................................................................................................................... 11
2

11.0

Monitoring/Technical Assistance................................................................................................... 11

11.1

Monitoring ................................................................................................................................ 11

11.2

Technical Assistance ................................................................................................................. 11

12.0

Project Closeout and De-Obligated Funds ..................................................................................... 11

12.1

Closeout..................................................................................................................................... 11

12.2

De-obligated Funds ................................................................................................................... 12

13.0

MT DES Contact Information ......................................................................................................... 12

3

State and Local Cybersecurity Grant Program
The purpose of the State and Local Cybersecurity Grant Program (SLCGP) is to improve public sector
cybersecurity readiness and reduce collective cyber risk through targeted investment in State and Local
Government organizations.
Funding for this program is provided by the U.S. Department of Homeland Security (DHS), Federal
Emergency Management Agency (FEMA), Grant Programs Directorate (GPD). Funds are appropriated
under authority of the Infrastructure Investments and Jobs Appropriations Act (Pub. L. No. 117-58).
Montana Disaster and Emergency Services (MT DES) is the State Administrative Agency (SAA) eligible to
apply for the SLCGP on behalf of the state and make subawards to approved applicants.
Assistance Listings Number: 97.137
Assistance Listings Title: State and Local Cybersecurity Grant Program (SLCGP)
Funding Opportunity Number: DHS-22-137-000-01
Application materials are available on the MT DES website. Completed applications should be submitted
to [email protected].

KEY DATES:
• Application opens on November 17, 2025
• MT DES will accept applications until January 9, 2025, at 11:55PM. After the application
period closes, applications will be reviewed based on the order of submission.
• Applicants that are approved for funding will be notified by January 31, 2026. Official award
documents will be sent subsequently, and must be signed and returned to MT DES.
• Projects will be awarded based on the availability of funds.
• Period of performance (POP) ends on June 30, 2026. No extensions are available.

4

1.0 Overview

Our nation faces unprecedented cybersecurity risks, including increasingly sophisticated adversaries,
widespread vulnerabilities in commonly used hardware and software, and broad dependencies on
networked technologies for the day-to-day operation of critical infrastructure. Cyber incidents have no
geographic boundaries; incidents impacting Montana public sector organizations may have cascading
effects across the state, region, and nation.
The SLCGP grant requires the state to develop a Cybersecurity Plan, establish a Cybersecurity Planning
Committee to support the development of the plan, adopt key cybersecurity best practices, and identify
projects to implement using the SLCGP funding.

2.0 Purpose and Objectives

The purpose of the SLCGP is to strengthen public sector cybersecurity practices and address
cybersecurity risks and threats to data, networks, and information systems. Reference section 5.1 of
this document for a list of eligible sub-recipients.
Montana Cybersecurity Planning Committee designated funding for five project focus areas: security
awareness training for the general workforce, professional development education for the technical
workforce, endpoint detection and response, network traffic monitoring, and multi-factor
authentication. Awards for the five focus areas will either be a direct award or an award for services in
lieu of funding.
The overall goal of this grant is to improve the cybersecurity posture of state and local government
organizations by providing assistance for managing and reducing systemic cyber risk through the
following objectives:






Objective 1: Develop and establish appropriate governance structures, including developing,
implementing, or revising cybersecurity plans, to improve capabilities to respond to
cybersecurity incidents and ensure continuity of operations.
Objective 2: Understand their current cybersecurity posture and areas for improvement based
on continuous testing, evaluation, and structured assessments.
Objective 3: Implement security protections commensurate with risk.
Objective 4: Ensure organization personnel are appropriately trained in cybersecurity,
commensurate with responsibility.

3.0 Funding

The SAA must obligate at least 80 percent of funds awarded to local and tribal governments, with a
minimum of 25 percent of the overall award going to rural areas. 20 percent of the funds may be
utilized for state level projects, with the SAA retaining up to 5 percent of funds awarded for
administration costs.
•
•

For this grant, rural jurisdictions are defined as counties, tribes, and cities with a population of
less than 50,000.
Funds will be sub-awarded to eligible entities through an application process.
5

•

Final approval is contingent upon available funding.

4.0 Grant Requirements – State Level

Note: Information in section 4.0 applies to MT DES as the State Administrative Agency and is provided in
this guidance document for reference and general understanding. The following activities are
statutorily required at the state level as a condition of the grant:
•
•
•


Establish a Cybersecurity Planning Committee.
Develop or revise a state-wide Cybersecurity Plan.
Evaluate individual projects for effectiveness throughout the life of the program.
Adopt key cybersecurity best practices.

Cybersecurity Planning Committee
The Planning Committee is responsible for developing, implementing, and revising Cybersecurity Plans
(including individual projects); formally approving the Cybersecurity Plan (along with the chief
information officer or chief information security officer); assisting with determination of effective
funding priorities (i.e., work with entities within the eligible entity’s jurisdiction to identify and prioritize
individual projects). This will be led by Montana State Information Technology Services Division (SITSD).
The Cybersecurity Planning Committee must include the following entities:
 Eligible Entity (state administrative agency)
 County, City, and town representation
 Institutions of public education
 Institutions of public health
 As appropriate, representatives from rural, suburban, and high-population jurisdictions.
Montana formed its Cybersecurity Planning Committee and adopted the committee charter on
November 14, 2022. The committee includes 15 voting members and 5 advisory members representing
the required cybersecurity planning entities.
Information on the Cybersecurity Planning Committee can be found here:
https://des.mt.gov/Grant-Programs/State-Local-Cyber-Security-Grant-Program
Cybersecurity Plan
Montana is required to submit a Cybersecurity Plan that adheres to the 16 required elements identified
in section 2220A of the Homeland Security Act of 2002 as amended by the BIL. The Cybersecurity Plan
must include a description of state and local roles, an assessment of capabilities for each element,
address resources and timeline for implementing the Plan, and identify metrics. State and local
governments are encouraged to take a holistic approach in the development of their Plan as entities
must be able to sustain capabilities once SLCGP funds are no longer available. The role of state entities
as coordinator and service provider to local entities should be encouraged and supported.
6

On November 28, 2023, DHS, FEMA approved the 2022-2024 State of Montana Cybersecurity Plan,
allowing the state to request funding holds to be released for approved projects.
The Montana Cybersecurity Plan can be found here:
https://des.mt.gov/Grant-Programs/State-Local-Cyber-Security-Grant-Program

5.0 Eligibility Requirements for Local Applicants
5.1 Eligible Applicants
Eligible Applicants for competitive awards include local and tribal governments. Local government
means a city, town, county, consolidated city-county, special district, or school district or subdivision of
these entities. Nonprofit, for-profit, and other entities not deemed as a local government entity are not
eligible to receive SLCGP funds.
5.2 Applications
Applications are based on five focus areas, providing the opportunity for targeted investment to close an
eligible applicant’s cybersecurity gaps. Applicants have the flexibility to apply for a combination of
services in the five focus areas based on the needs (cybersecurity gaps) of their organization.
5.3 Cost Share or Match
Cost share or match is not currently required for the SLCGP. Future awards will have cost share
requirements. Match amounts for future award years are as follows: FY 2023 0%, FY 2024 30%, FY 2025
40%. Local match may be in-kind/soft from eligible activities. Federal funds may be reduced, eliminated,
or include additional responsibilities in the future. Applicants should prepare for future project
sustainment independent of SLCGP funding.
5.4 Unique Entity Identifier (UEI)
The federal government now requires the Unique Entity Identifier (UEI) numbers that are created in
SAM.gov. This number is required to apply for and receive SLCGP funds. Jurisdictions that do not have a
UEI may request one through SAM.gov.
5.5 Applicant Agent or Authorized Representative
The applicant agent or authorized representative is the individual who is able or given authority to make
legally binding commitments for the applicant organization.
The application forms require names and contact information for the applicant organization’s
Authorized Representative, Project Manager, and Fiscal Agent. Acceptance of the award will be
established with the electronic signature of the Principal Elected Official or other individual authorized
to enter into a legal agreement on behalf of the organization.
5.6 Application Review and Recommendation
Applications will be evaluated by MT DES staff through a review process to determine the application
completeness and eligibility based on state and federal program guidance. Final approval is contingent
upon available funding.
7

6.0 Project Categories and Activities

Federal funds made available through this award may only be used for the approved purposes set forth
by the Montana Cybersecurity Planning Committee and must be consistent with statutory authority for
the award. Award funds may not be used for matching funds for any other Federal award, lobbying, or
intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be
used to sue the Federal Government or any other government entity.
Sub-recipients must comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards) https://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl
•
•

Costs charged to SLCGP must be consistent with the Cost Principles for Federal Awards, 2 C.F.R
Part 200, Subpart E.
Any costs incurred or obligated prior to the execution of an award are not allowed.

Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS/FEMA-adopted
standards to be eligible for purchase using these funds. In addition, subrecipients will be responsible
for, at their own expense, obtaining and maintaining all necessary certifications and licenses for the
requested equipment.
6.1 Training
Training costs are allowable under the SLCGP as described in Section 2.0 of this document. Training
conducted using SLCGP funds must align to the focus areas approved by the Montana Cybersecurity
Planning Committee. Training should address a performance gap identified through assessments and
contribute to the reduction of systemic cyber risk.
6.2 Management and Administration
Management and Administration (M&A) activities are those directly relating to the management and
administration of SLCGP funds, such as financial management and monitoring. Sub-recipients may use a
maximum of up to 5% of funding for M&A purposes.
SLCGP funds used for M&A must have supporting documentation (i.e. timecards (salary),
invoices/receipts (goods), and general ledgers). M&A must be coded separately on the general ledger so
that it is clear as to how many hours were allocated toward M&A for the grant.

7.0 Unallowable Costs and Activities
7.1 Unallowable Costs
The grant specifically restricts the use of funds for construction and renovation. Any project requiring
an Environmental and Historic Preservation (EHP) review is not allowed.
•

Other Unauthorized costs include, but are not limited to, the following:
8

o
o
o
o
o
o
o
o
o
o
o
o
o
o

Cost-sharing contributions
Ransom payments
Recreational or social purposes
Cybersecurity insurance premiums
General maintenance and repairs
Parking tickets or other traffic tickets
Sole source contracts and procurements not pre-approved by MT DES
Stand-alone working meals
Alcoholic beverages
Supplanting any expense already budgeted
Entertainment
Laundry
Late payment fees
Drone training

7.2 Supplanting
Grant funds must supplement, not supplant, replace, or offset state or local funds that have been
appropriated for the same purpose. If supplanting is determined, sub-recipients will be required to
repay grant funds expended in support of those efforts.
7.3 Telecommunication, Video Surveillance Equipment and Services
Sub-recipients may not use any FEMA funds to procure or obtain China made or China affiliated
telecommunication, video surveillance equipment or services. Reference FEMA policy #405-143-1
https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1-prohibition-coveredservices-equipment-gpd.pdf
Additional guidance is available at https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part200/appendix-Appendix%20II%20to%20Part%20200

8.0 Procurement
All FEMA awards are subject to the federal procurement standards under the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards found at 2 C.F.R. § 200.317200.327. Applicants selected for funding does not constitute award. Any costs incurred or obligated
prior to the execution of an award are not allowed.
When purchasing under a FEMA award, a state entity must follow its own procurement policies and
procedures pursuant to 2 C.F.R. § 200.317 as well as all other applicable state and federal laws,
executive orders, and implementing regulations.
When purchasing under a FEMA award, a non-state entity must have and use documented procurement
procedures, consistent with state, local, and Tribal laws and regulations and conforming to appliable
federal law and the procurement standards identified in 2 C.F.R. § 200.317-200.327. For a non-state
entity, where a difference exists between a federal procurement standard and a state, local, and/or
9

Tribal procurement standard or regulation, the non-state entity must apply the most restrictive
standard.
MT DES may request a copy of an entity’s documented procurement procedures which reflect applicable
state and local laws and regulations. Procurement procedures must conform to applicable Federal law
and the standards identified in 2 C.F.R. § 200.318
For more information on federal procurement see 2 C.F.R. § 200.320.
For more information on MT Procurement laws, rules, policies, and executive orders please visit State
Procurement Bureau.

9.0 Award Administration Information
9.1 Award Administration
Notification of award approval is made through the sub-recipient’s authorized representative listed in
the application. Awards will be made to the sub-recipients no later than 45 days following the state’s
acceptance of the Federal award and release of funds. Each of the five approved project areas will have
a separate award issued. Sub-recipients who wish to decline the award must provide a written notice of
intent to decline.
SLCGP awards for the five focus areas will either be a direct award or an award of services in lieu of
funding. All awards must be accepted by the Principal Elected Official or designated representative with
the legal authority to enter into an agreement on behalf of the subrecipient organization.
9.2 CYBER HYGIENE SERVICES - Required
All awarded sub-recipients will be required to sign up for and utilize the following services:
• Web Application Scanning: an “internet scanning-as-a-service.” This service assesses the
“health” of your publicly accessible web applications by checking for known vulnerabilities and
weak configurations. Additionally, CISA can recommend ways to enhance security in accordance
with industry and government best practices and standards.
• Vulnerability Scanning: evaluates external network presence by executing continuous scans of
public, static Ips for accessible services and vulnerabilities. This service provides weekly
vulnerability reports and ad-hoc alerts.
To register for these services, email [email protected] with the subject line
“Requesting Cyber Hygiene Services – SLCGP” to get started. Indicate in the body of your email that you
are requesting this service as part of the SLGCP.
For more information, visit CISA’s Cyber Hygiene Information Page.

10.0 Reporting
10.1 Progress Reports
Montana DES will gather performance information from subrecipients for use in annual reporting of
grant activities to FEMA.

10

10.2 Reimbursement Requests
SLCGP awards for the five focus areas will either be a direct award or an award of services in lieu of
funding. For service in lieu of funding, subrecipients will be given access to services through a State of
Montana managed services and will not need to purchase services.
For projects with direct awards, sub-recipients must submit at least one payment request upon
completion of the project to receive grant funds.
Applicants will be reimbursed by submitting proof of payment to MT DES, along with the required
reimbursement request form and supporting documentation. Supporting Documentation must include:
• Proof of payment (i.e., general ledger or warrant check)
• Invoices
• Receipts
Reimbursements are allowable only for expenditures made during the grant period of performance.
10.3 Accruals
Sub-recipients with an open grant will be required to submit an accrual form prior to the end of the
State Fiscal Year (SFY) to account for any expenditures or valid obligations that have occurred in the SFY
and not been reimbursed prior to June 30. Sub-recipients that do not submit an accrual form and
supporting documentation and then request reimbursement for goods or services from the prior SFY are
at risk of non-payment due to lack of accrual funds.

11.0 Monitoring/Technical Assistance
11.1 Monitoring
Sub-recipients will be monitored by MT DES staff, both programmatically and financially, to ensure that
the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and
other related program criteria are being met.
11.2 Technical Assistance
Technical assistance will be provided through desk-based reviews of financial reimbursement requests
and project status reports. In addition, on-site technical assistance visits will be performed according to
MT DES schedules, as requested, or as needed. Technical assistance will involve the review of the
financial, programmatic, performance, compliance, administrative processes, policies, activities, and
other attributes of each Federal assistance award and will identify areas where further assistance,
corrective actions or other support may be needed.

12.0 Project Closeout and De-Obligated Funds
12.1 Closeout
Closeout of SLCGP projects will be administered by MT DES upon determination of grant completion in
accordance with 2 C.F.R. § 200.344 and upon receipt of a signed sub-recipient letter requesting closeout.
MT DES will complete a project and file review prior to closing out a project and provide the subrecipient with a closeout confirmation letter.

11

12.2 De-obligated Funds
Projects that are completed under budget will have funds de-obligated during the grant closeout
process and will no longer be available to the sub-recipient. De-obligated funds will be utilized during
the grant period of performance to fund additional projects. The Cybersecurity Planning Committee will
make recommendations for re-awarding grant funds to eligible and approved projects. The committee
reserves the right to conduct an interim application process for de-obligated funds.

13.0 MT DES Contact Information

MT DES will provide programmatic support and technical assistance for the SLCGP Grant. Contact the
Preparedness Grants Team at [email protected].

12

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Lumen Network Contracts
Submitted For: Larry Ziler, IT Director

3. a.

Submitted By: Larry Ziler, IT Director

TOPIC:
New Lumen Network Contract
BACKGROUND:
Yellowstone County currently has sixteen Lumen contracts for internet and fiber network connectivity
across its locations, at a combined monthly cost of $12,485.60. I recommend consolidating these
contracts into a combination of Lumen’s Network-as-a-Service (NaaS) and cellular internet services.
Under this proposal, Lumen NaaS IQ Ports would consolidate and replace the existing Lumen circuits at
MetraPark, the Youth Services Center, the County Courthouse, and the County Detention Center. Cellular
internet service would replace the existing low-speed Lumen circuit at the Junk Vehicle site with
high-speed connectivity. Cellular internet would also be installed at the Youth Services Center and County
Detention Center to provide failover for these 24/7 facilities. Lumen NaaS gives the County IT
Department direct, on-demand control of network and internet services at each location, which reduces
our dependence on Lumen technicians to configure routing services. IT can also raise or lower service
speeds as needed, improving both performance and cost control. The new Lumen contracts have a
one-year term and have been reviewed by Steve Williams, who identified no issues. Cost Analysis
Current Monthly Cost: $12,485.60 Projected Monthly Cost: $7,552.27 Projected Monthly Savings:
$4,933.33 Projected Annual Savings: $59,199.96
RECOMMENDED ACTION:
Recommended the Commissioners approve and execute the attached Lumen contracts for a term of
1-year.

Attachments
Courthouse Promo
Courthouse Contract
Detention Contract
Detention Promo
YSC Contract
YSC Promo
Metro Promo
Metra Contract

LUMEN ON-DEMAND WHERE YOU DEMAND IT PROMOTIONAL OFFER
This Order Addendum (“Addendum”) is entered into between LUMEN and YELLOWSTONE COUNTY MT (“Customer”) as of the last
date of signature below (“Addendum Effective Date”) and modifies the SERVICE ORDER NO. DOC- 0001746416, a copy of which is
attached hereto as EXHIBIT A (the “Order(s)”). The purpose of this Addendum is to add the following terms and conditions related to the
Lumen On-Demand Where You Demand It Promotion (“Offer”). “Lumen” is defined for purposes of this Addendum as CenturyLink
Communications, LLC d/b/a Lumen Technologies Group or its affiliated entities providing Services under the Order(s). Except as set forth
in this Addendum, capitalized terms will have the definitions assigned to them in the Order(s) or the Agreement.

1.

Definitions

“Eligible Service” means Internet On-Demand (IoD) or Ethernet Fabric Connect (EFC) Service and the associated Fabric Port. Excludes
1mbps IoD Service and optional add-on features. Customer must purchase Fabric Port for a minimum term commitment of twelve
months.
“Eligible Customer” means business customers purchasing one new Fabric Port and IoD or EFC Service in one or more eligible
continental U.S. on-net or off-net locations. Lumen reserves the right to determine in its sole discretion whether a customer is an
Eligible Customer.
“Order Period” means Customer must submit the Order for the Fabric Port between August 1, 2026 and October 30, 2026.
2.
Promotional Credits. If an Eligible Customer orders Eligible Service within the Order Period, Customer will receive ONE credit
(the “Credit”), which will be applied to the bandwidth charges for the On-Demand Service. The Credit will be equal to 100% of the
bandwidth charges during months 1-3 of the Fabric Port service term for the On-Demand Service only and will not apply to the monthly
recurring charges for the Fabric Port. The Credit will appear on the 5th invoice following the installation of the Fabric Port. Taxes, fees,
surcharges, and non-recurring charges are not included.
3.
Eligibility and Restrictions. All other terms and conditions in the Order(s) remain in effect. Customer must activate the IoD or
EFC Service within 30 days of the Fabric Port installation. Customer must remain in good credit standing and Offer may terminate if
Customer changes their account in any manner including, but not limited to, their service location. Lumen may change the terms of the
Offer and may modify or cancel the terms of the Offer at any time without notice. Customer will be eligible for bandwidth credits for each
Fabric Port and On-Demand Service combination ordered within the Order Period. Applies to On-Demand Service billed on an hourly
basis and On-Demand Service billed under a term-based billing model. May not be combined with other special offers or promotions.
Pricing is valid for the duration of the term displayed on the Order and will not apply to renewal orders. If there is a conflict between this
Addendum and the Order, the terms of this Addendum will govern. This Addendum will only apply to the Order(s) identified above and
will not apply to any other orders.
By signing below, each party acknowledges that it has read, understood, and accepts the terms and conditions set forth in this Addendum.

CENTURYLINK COMMUNICATIONS, LLC D/B/A
LUMEN TECHNOLOGIES GROUP
{{Sig2a_es_:signer2:signature

YELLOWSTONE COUNTY MT

}}
{{Sig1a_es_:signer1:signature

Authorized Signature

Aarti Sharma
{{FName2a_es_:signer2:fullname

Authorized Signature
}}

Name Typed or Printed
{{Title2a_es_:signer2
Lumen
Marketing Solutions

}}

{{Fname1a_es_:signer1:fullname

}}

Name Typed or Printed
}}

{{Title1a_es_:signer1

}}

Title

Title

{{Date2a_es_:signer2:isdate}}
August
26 ,2026

{{Date1a_es_:signer1:isdate}}

Date

Date

Version: July 31, 2026
Lumen Internal Use – DSR1204041

Page 1 of 2
CONFIDENTIAL

© Lumen Technologies. All Rights Reserved.

EXHIBIT A
ORDER(S)
{attach Order(s) described in Addendum}

Page 2 of 2
CONFIDENTIAL

© Lumen Technologies. All Rights Reserved.

Document No. DOC-0001746416
Scenario:
SM11248877

Customer Information and Contract Specifications
Customer Name: YELLOWSTONE COUNTY MT
Account Number: 3-A27692
Currency:
USD
Monthly Recurring Charges (MRC): $310.00
Non Recurring Charges (NRC):
0

Service Order
Service Address

Description

217 N 27TH ST
BILLINGS MONTANA
59101 1939 UNITED
STATES

Lumen Fabric Port 1 Gbps

Order Term
Qty Unit MRC Unit NRC
Type (Months)
New

12

1

$310.00

$0.00

Total MRC
$310.00

Total NRC Country
$0.00

USA

$0.00

USA

- Delivery to the
MPoE - Building
Extension to customer
suite NOT included
- Service Level =
24x7x4
NaaS Enabled

1

$0.00

Subtotal

$310.00

$0.00

Totals

$310.00

$0.00

*If the Service Address column above is blank, no Service Address is required for the Service or the Service Address is identified as a
data center in the Description column.

SLED Terms and Conditions Governing This Order

1.“Lumen” is defined for purposes of this Order as CenturyLink Communications, LLC d/b/a Lumen Technologies Group
or its affiliated entities providing Services under this Order. The Lumen entity providing Services is identified on the
invoice. This Order is subject to the applicable state or municipal public records laws governing Customer and is nonbinding until accepted by Lumen, as set forth in section 4. Customer places this Order by signing or otherwise
acknowledging (in a manner acceptable to Lumen) this document and returning it to Lumen. Pricing is valid for 90
calendar days from the date indicated unless otherwise specified.
2. Prior to installation, Lumen may notify Customer in writing (including by e-mail) of price increases due to off-net vendors
or increased construction costs. Customer has 5 business days following notice to cancel this Order without liability; or
otherwise, Customer is deemed to accept the increase.
3. If a generic demarcation point (such as a street address) is provided, the demarcation point for on-net services will be
Lumen’s Minimum Point of Entry (MPOE) at such location (as determined by Lumen). Off-net demarcation points will be
the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by Customer directly from third
parties, Lumen is not liable for such services.

Service Order Confidential Page 1 of 4

Document No. DOC-0001746416
Scenario:
SM11248877

4. The service(s) identified in this Order (the “Service(s)”) is/are subject to the current, unexpired services agreement
between Customer and Lumen (“Existing Agreement") provided if a service attachment describing the Services is not
included in the Existing Agreement, then the current standard applicable Lumen Service Attachment(s) will apply in
addition to the Existing Agreement. If Customer and Lumen do not have a current Existing Agreement,Services are
subject to Lumen’s standard Master Service Agreement(s), State, Local and Education Government Agencies Version,
Public Safety Version for public safety services, or E-Rate Version for E-Rate eligible services (each, a “Lumen MSA”),
and applicable Service Attachment(s) for the Services described in this Order will govern, copies of which are available at
https://www.lumen.com/en-us/about/legal/business-customer-terms-conditions.html or upon request, unless Customer
has executed a service agreement with Lumen or one of its affiliates applicable to the Services on this Order. In that case,
the most recent service agreement will apply to the extent not inconsistent with this Order and the current Service
Schedule(s) will apply and is/are specifically incorporated into the applicable agreement by this reference. Customer will
accept and pay all charges indicated on invoices for the Services.
Notwithstanding anything to the contrary, Lumen will notify Customer of acceptance of requested Service in this Order by
delivering (in writing or electronically) the date by which Lumen will install Service (the “Customer Commit Date”), by
delivering the Service, or by the manner described in a Service Schedule. Lumen will deliver a written or electronic notice
that the Service is provisioned, at which time billing will commence. At the expiration of the Service Term, Service will
continue month-to-month at the existing rates, subject to change by Lumen on 30 days’ written notice. If the service
agreement or applicable service specific terms do not include cancellation or early termination charges and if Customer
cancels or terminates Service for any reason other than Lumen’s uncured default or if Lumen cancels or terminates or
cause, then Customer will pay Lumen’s standard cancellation or early termination liability charges in the current standard
Lumen MSA.
5. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings,
loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or
punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any
nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the
affected Service.
6. Transport services ordered from Lumen will be treated as interstate for regulatory purposes except as otherwise agreed
to in writing.
7. Charges for certain Services are subject to (a) a monthly property tax surcharge and (b) a monthly cost recovery fee
per month to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by
Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional
details on taxes and surcharges that are assessed, visit http://www.lumen.com/taxes.
8. Unless otherwise set forth in a Service Attachment, Customer will pay Lumen’s standard ancillary charges for expedites
and additional activities, features, or options as set forth in the Ancillary Fee Schedule, available at
http://www.lumen.com/ancillary-fees. If Lumen cannot complete installation due to Customer delay or inaction, Lumen
may begin charging Customer and Customer will pay such charges.
9. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations,
and cross connect services are subject to whether facilities are available at the particular location to complete the
connection.
10. Compliance with Laws. The parties comply with all laws and regulations applicable to the execution of this Order and
to the provision of Services by Lumen, including, as applicable, procurement laws or regulations regarding cumulative
purchases of Services by Customer.

Service Order Confidential Page 2 of 4

Document No. DOC-0001746416
Scenario:
SM11248877

11. E-Rate and/or RHC/HCF Funding. If Customer applies for or seeks E-Rate and/or RHC/HCF funding for the
Service(s) to be provided under this Order, Customer’s Service(s) will be governed by a current eligible Existing
Agreement, or if Customer and Lumen do not have a current eligible Existing Agreement, the Lumen E-Rate MSA or
Lumen SLED MSA with the E-Rate and/or RHC/HCF Program Addendum will apply and must be executed
contemporaneously with this Order.
12. If your network service utilizes TDM technologies, then the following applies: (a) During the Service Term and on 60
days’ prior written notice, Lumen may re-provision Customer’s off-net TDM services (“Service Re-provision”). If Customer
objects to the Service Re-provision, Customer may terminate the affected service by notifying Lumen in writing within 30
days of the date of the Service Re-provision notification; and (b) During the Service Term, Lumen may increase rates for
off-net TDM services. Lumen will provide Customer 60 days’ prior written notice before implementing the increase
("Rerate Notice"). If Customer objects to the increase, Customer must notify Lumen in writing within 30 days of the date of
the Rerate Notice whether Customer will (i) receive the affected service on a month-to-month basis or (ii) terminate the
affected service, subject to early termination liability charges. Under subsection (ii), Customer’s requested disconnect date
must be within 90 days of the Rerate Notice. Unless Customer so notifies Lumen, the affected service will continue to be
provided at the increased rates. If Customer does not respond to the Rerate Notice, the affected service will continue to
be provided at the increased rates set forth in the Rerate Notice.
13. Infrastructure Investment and Jobs Act (IIJA) Grant Programs. If Customer participates in an IIJA program, including
but not limited to, the Middle Mile Grant, Tribal Connectivity Broadband, and the Broadband Equity Access and
Deployment (BEAD) Grant Programs, then Customer cannot pay for Services with funds obtained through the IIJA or
other similar grants that would obligate Lumen to provide certain information or perform certain regulatory compliance
functions, unless each of those functions and obligations is explicitly identified and agreed to by the parties in the
Agreement or in an amendment to the Agreement.

Additional Order Terms
For Fabric Port services, by signing this Order Customer also acknowledges and agrees to the additional digital terms
located at https://www.lumen.com/en-us/about/legal/digital-platform.html
Invoices
Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among
the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on Customer’s
invoice by location served.
Activation Support
If requested by Customer, and for an additional charge, Lumen will provide assistance with activating and/or configuring
equipment on Customer’s side of the Demarcation Point (“Activation Support”).
Multiple Site Services (IP VPN, ILAN, NLAN, ENLAN, Converged, Multi-VPN/VPN Connector, UNI, E-Line, E-Access, ELAN and E-NNI)
Billing for multiple site Services will commence on the Service Date for each individual node or site. Customer networks
should be engineered so that a hub-site and at least one other site are brought online first and on the same date.
Notwithstanding the foregoing, billing for E-NNI Service locations will commence when the E-NNI Service has been
successfully installed and is available for Customer’s use regardless of the status of other sites or configurations.

Service Order Confidential Page 3 of 4

Document No. DOC-0001746416
Scenario:
SM11248877

Signature Block
Customer: YELLOWSTONE COUNTY MT
Total MRC: $310.00
Total NRC: 0
Signature:
{{_es_signer_signature

}}

Name: {{_es_signer_fullname

}}

Title: {{_es_signer_title

}}

Date: {{_es_signer_date

}}

Customer and the individual signing above represent that such individual has the authority to bind Customer to this
Agreement.

Document Generation Date: 08-25-2026

Service Order Confidential Page 4 of 4

Document No. DOC-0001746410
Scenario:
SM11248851

Customer Information and Contract Specifications
Customer Name: YELLOWSTONE COUNTY MT
Account Number: 3-A27692
Currency:
USD
Monthly Recurring Charges (MRC): $310.00
Non Recurring Charges (NRC):
0

Service Order
Service Address

Description

3165 KING AVE E
BILLINGS MONTANA
59101 5529 UNITED
STATES

Lumen Fabric Port 1 Gbps

Order Term
Qty Unit MRC Unit NRC
Type (Months)
New

12

1

$310.00

$0.00

Total MRC
$310.00

Total NRC Country
$0.00

USA

$0.00

USA

- Delivery to the
MPoE - Building
Extension to customer
suite NOT included
- Service Level =
24x7x4
NaaS Enabled

1

$0.00

Subtotal

$310.00

$0.00

Totals

$310.00

$0.00

*If the Service Address column above is blank, no Service Address is required for the Service or the Service Address is identified as a
data center in the Description column.

SLED Terms and Conditions Governing This Order

1.“Lumen” is defined for purposes of this Order as CenturyLink Communications, LLC d/b/a Lumen Technologies Group
or its affiliated entities providing Services under this Order. The Lumen entity providing Services is identified on the
invoice. This Order is subject to the applicable state or municipal public records laws governing Customer and is nonbinding until accepted by Lumen, as set forth in section 4. Customer places this Order by signing or otherwise
acknowledging (in a manner acceptable to Lumen) this document and returning it to Lumen. Pricing is valid for 90
calendar days from the date indicated unless otherwise specified.
2. Prior to installation, Lumen may notify Customer in writing (including by e-mail) of price increases due to off-net vendors
or increased construction costs. Customer has 5 business days following notice to cancel this Order without liability; or
otherwise, Customer is deemed to accept the increase.
3. If a generic demarcation point (such as a street address) is provided, the demarcation point for on-net services will be
Lumen’s Minimum Point of Entry (MPOE) at such location (as determined by Lumen). Off-net demarcation points will be
the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by Customer directly from third
parties, Lumen is not liable for such services.

Service Order Confidential Page 1 of 4

Document No. DOC-0001746410
Scenario:
SM11248851

4. The service(s) identified in this Order (the “Service(s)”) is/are subject to the current, unexpired services agreement
between Customer and Lumen (“Existing Agreement") provided if a service attachment describing the Services is not
included in the Existing Agreement, then the current standard applicable Lumen Service Attachment(s) will apply in
addition to the Existing Agreement. If Customer and Lumen do not have a current Existing Agreement,Services are
subject to Lumen’s standard Master Service Agreement(s), State, Local and Education Government Agencies Version,
Public Safety Version for public safety services, or E-Rate Version for E-Rate eligible services (each, a “Lumen MSA”),
and applicable Service Attachment(s) for the Services described in this Order will govern, copies of which are available at
https://www.lumen.com/en-us/about/legal/business-customer-terms-conditions.html or upon request, unless Customer
has executed a service agreement with Lumen or one of its affiliates applicable to the Services on this Order. In that case,
the most recent service agreement will apply to the extent not inconsistent with this Order and the current Service
Schedule(s) will apply and is/are specifically incorporated into the applicable agreement by this reference. Customer will
accept and pay all charges indicated on invoices for the Services.
Notwithstanding anything to the contrary, Lumen will notify Customer of acceptance of requested Service in this Order by
delivering (in writing or electronically) the date by which Lumen will install Service (the “Customer Commit Date”), by
delivering the Service, or by the manner described in a Service Schedule. Lumen will deliver a written or electronic notice
that the Service is provisioned, at which time billing will commence. At the expiration of the Service Term, Service will
continue month-to-month at the existing rates, subject to change by Lumen on 30 days’ written notice. If the service
agreement or applicable service specific terms do not include cancellation or early termination charges and if Customer
cancels or terminates Service for any reason other than Lumen’s uncured default or if Lumen cancels or terminates or
cause, then Customer will pay Lumen’s standard cancellation or early termination liability charges in the current standard
Lumen MSA.
5. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings,
loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or
punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any
nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the
affected Service.
6. Transport services ordered from Lumen will be treated as interstate for regulatory purposes except as otherwise agreed
to in writing.
7. Charges for certain Services are subject to (a) a monthly property tax surcharge and (b) a monthly cost recovery fee
per month to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by
Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional
details on taxes and surcharges that are assessed, visit http://www.lumen.com/taxes.
8. Unless otherwise set forth in a Service Attachment, Customer will pay Lumen’s standard ancillary charges for expedites
and additional activities, features, or options as set forth in the Ancillary Fee Schedule, available at
http://www.lumen.com/ancillary-fees. If Lumen cannot complete installation due to Customer delay or inaction, Lumen
may begin charging Customer and Customer will pay such charges.
9. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations,
and cross connect services are subject to whether facilities are available at the particular location to complete the
connection.
10. Compliance with Laws. The parties comply with all laws and regulations applicable to the execution of this Order and
to the provision of Services by Lumen, including, as applicable, procurement laws or regulations regarding cumulative
purchases of Services by Customer.

Service Order Confidential Page 2 of 4

Document No. DOC-0001746410
Scenario:
SM11248851

11. E-Rate and/or RHC/HCF Funding. If Customer applies for or seeks E-Rate and/or RHC/HCF funding for the
Service(s) to be provided under this Order, Customer’s Service(s) will be governed by a current eligible Existing
Agreement, or if Customer and Lumen do not have a current eligible Existing Agreement, the Lumen E-Rate MSA or
Lumen SLED MSA with the E-Rate and/or RHC/HCF Program Addendum will apply and must be executed
contemporaneously with this Order.
12. If your network service utilizes TDM technologies, then the following applies: (a) During the Service Term and on 60
days’ prior written notice, Lumen may re-provision Customer’s off-net TDM services (“Service Re-provision”). If Customer
objects to the Service Re-provision, Customer may terminate the affected service by notifying Lumen in writing within 30
days of the date of the Service Re-provision notification; and (b) During the Service Term, Lumen may increase rates for
off-net TDM services. Lumen will provide Customer 60 days’ prior written notice before implementing the increase
("Rerate Notice"). If Customer objects to the increase, Customer must notify Lumen in writing within 30 days of the date of
the Rerate Notice whether Customer will (i) receive the affected service on a month-to-month basis or (ii) terminate the
affected service, subject to early termination liability charges. Under subsection (ii), Customer’s requested disconnect date
must be within 90 days of the Rerate Notice. Unless Customer so notifies Lumen, the affected service will continue to be
provided at the increased rates. If Customer does not respond to the Rerate Notice, the affected service will continue to
be provided at the increased rates set forth in the Rerate Notice.
13. Infrastructure Investment and Jobs Act (IIJA) Grant Programs. If Customer participates in an IIJA program, including
but not limited to, the Middle Mile Grant, Tribal Connectivity Broadband, and the Broadband Equity Access and
Deployment (BEAD) Grant Programs, then Customer cannot pay for Services with funds obtained through the IIJA or
other similar grants that would obligate Lumen to provide certain information or perform certain regulatory compliance
functions, unless each of those functions and obligations is explicitly identified and agreed to by the parties in the
Agreement or in an amendment to the Agreement.

Additional Order Terms
For Fabric Port services, by signing this Order Customer also acknowledges and agrees to the additional digital terms
located at https://www.lumen.com/en-us/about/legal/digital-platform.html
Invoices
Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among
the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on Customer’s
invoice by location served.
Activation Support
If requested by Customer, and for an additional charge, Lumen will provide assistance with activating and/or configuring
equipment on Customer’s side of the Demarcation Point (“Activation Support”).
Multiple Site Services (IP VPN, ILAN, NLAN, ENLAN, Converged, Multi-VPN/VPN Connector, UNI, E-Line, E-Access, ELAN and E-NNI)
Billing for multiple site Services will commence on the Service Date for each individual node or site. Customer networks
should be engineered so that a hub-site and at least one other site are brought online first and on the same date.
Notwithstanding the foregoing, billing for E-NNI Service locations will commence when the E-NNI Service has been
successfully installed and is available for Customer’s use regardless of the status of other sites or configurations.

Service Order Confidential Page 3 of 4

Document No. DOC-0001746410
Scenario:
SM11248851

Signature Block
Customer: YELLOWSTONE COUNTY MT
Total MRC: $310.00
Total NRC: 0
Signature:
{{_es_signer_signature

}}

Name: {{_es_signer_fullname

}}

Title: {{_es_signer_title

}}

Date: {{_es_signer_date

}}

Customer and the individual signing above represent that such individual has the authority to bind Customer to this
Agreement.

Document Generation Date: 08-25-2026

Service Order Confidential Page 4 of 4

LUMEN ON-DEMAND WHERE YOU DEMAND IT PROMOTIONAL OFFER
This Order Addendum (“Addendum”) is entered into between LUMEN and YELLOWSTONE COUNTY MT (“Customer”) as of the last
date of signature below (“Addendum Effective Date”) and modifies the SERVICE ORDER NO. DOC- 0001746410, a copy of which is
attached hereto as EXHIBIT A (the “Order(s)”). The purpose of this Addendum is to add the following terms and conditions related to the
Lumen On-Demand Where You Demand It Promotion (“Offer”). “Lumen” is defined for purposes of this Addendum as CenturyLink
Communications, LLC d/b/a Lumen Technologies Group or its affiliated entities providing Services under the Order(s). Except as set forth
in this Addendum, capitalized terms will have the definitions assigned to them in the Order(s) or the Agreement.

1.

Definitions

“Eligible Service” means Internet On-Demand (IoD) or Ethernet Fabric Connect (EFC) Service and the associated Fabric Port. Excludes
1mbps IoD Service and optional add-on features. Customer must purchase Fabric Port for a minimum term commitment of twelve
months.
“Eligible Customer” means business customers purchasing one new Fabric Port and IoD or EFC Service in one or more eligible
continental U.S. on-net or off-net locations. Lumen reserves the right to determine in its sole discretion whether a customer is an
Eligible Customer.
“Order Period” means Customer must submit the Order for the Fabric Port between August 1, 2026 and October 30, 2026.
2.
Promotional Credits. If an Eligible Customer orders Eligible Service within the Order Period, Customer will receive ONE credit
(the “Credit”), which will be applied to the bandwidth charges for the On-Demand Service. The Credit will be equal to 100% of the
bandwidth charges during months 1-3 of the Fabric Port service term for the On-Demand Service only and will not apply to the monthly
recurring charges for the Fabric Port. The Credit will appear on the 5th invoice following the installation of the Fabric Port. Taxes, fees,
surcharges, and non-recurring charges are not included.
3.
Eligibility and Restrictions. All other terms and conditions in the Order(s) remain in effect. Customer must activate the IoD or
EFC Service within 30 days of the Fabric Port installation. Customer must remain in good credit standing and Offer may terminate if
Customer changes their account in any manner including, but not limited to, their service location. Lumen may change the terms of the
Offer and may modify or cancel the terms of the Offer at any time without notice. Customer will be eligible for bandwidth credits for each
Fabric Port and On-Demand Service combination ordered within the Order Period. Applies to On-Demand Service billed on an hourly
basis and On-Demand Service billed under a term-based billing model. May not be combined with other special offers or promotions.
Pricing is valid for the duration of the term displayed on the Order and will not apply to renewal orders. If there is a conflict between this
Addendum and the Order, the terms of this Addendum will govern. This Addendum will only apply to the Order(s) identified above and
will not apply to any other orders.
By signing below, each party acknowledges that it has read, understood, and accepts the terms and conditions set forth in this Addendum.

CENTURYLINK COMMUNICATIONS, LLC D/B/A
LUMEN TECHNOLOGIES GROUP
{{Sig2a_es_:signer2:signature

YELLOWSTONE COUNTY MT

}}
{{Sig1a_es_:signer1:signature

Authorized Signature
{{FName2a_es_:signer2:fullname
Aarti Sharma

Authorized Signature
}}

Name Typed or Printed
{{Title2a_es_:signer2
Lumen
Marketing Solutions

}}

{{Fname1a_es_:signer1:fullname

}}

Name Typed or Printed
}}

{{Title1a_es_:signer1

}}

Title

Title

{{Date2a_es_:signer2:isdate}}
August
26 ,2026

{{Date1a_es_:signer1:isdate}}

Date

Date

Version: July 31, 2026
Lumen Internal Use – DSR1204039

Page 1 of 2
CONFIDENTIAL

© Lumen Technologies. All Rights Reserved.

EXHIBIT A
ORDER(S)
{attach Order(s) described in Addendum}

Page 2 of 2
CONFIDENTIAL

© Lumen Technologies. All Rights Reserved.

Document No. DOC-0001746440
Scenario:
SM11248859

Customer Information and Contract Specifications
Customer Name: YELLOWSTONE COUNTY MT
Account Number: 3-A27692
Currency:
USD
Monthly Recurring Charges (MRC): $310.00
Non Recurring Charges (NRC):
0
Description

ID

Existing Circuit ID

445682234

Service Order
Service Address

Description

410 S 26TH ST
BILLINGS MONTANA
59101 4163 UNITED
STATES

Lumen Fabric Port 1 Gbps

Order Term
Qty Unit MRC Unit NRC
Type (Months)
New

12

1

$310.00

$0.00

Total MRC
$310.00

Total NRC Country
$0.00

USA

$0.00

USA

- Delivery to the
MPoE - Building
Extension to customer
suite NOT included
- Service Level =
24x7x4
NaaS Enabled

1

$0.00

Subtotal

$310.00

$0.00

Totals

$310.00

$0.00

*If the Service Address column above is blank, no Service Address is required for the Service or the Service Address is identified as a
data center in the Description column.

SLED Terms and Conditions Governing This Order

1.“Lumen” is defined for purposes of this Order as CenturyLink Communications, LLC d/b/a Lumen Technologies Group
or its affiliated entities providing Services under this Order. The Lumen entity providing Services is identified on the
invoice. This Order is subject to the applicable state or municipal public records laws governing Customer and is nonbinding until accepted by Lumen, as set forth in section 4. Customer places this Order by signing or otherwise
acknowledging (in a manner acceptable to Lumen) this document and returning it to Lumen. Pricing is valid for 90
calendar days from the date indicated unless otherwise specified.
2. Prior to installation, Lumen may notify Customer in writing (including by e-mail) of price increases due to off-net vendors
or increased construction costs. Customer has 5 business days following notice to cancel this Order without liability; or
otherwise, Customer is deemed to accept the increase.

Service Order Confidential Page 1 of 4

Document No. DOC-0001746440
Scenario:
SM11248859

3. If a generic demarcation point (such as a street address) is provided, the demarcation point for on-net services will be
Lumen’s Minimum Point of Entry (MPOE) at such location (as determined by Lumen). Off-net demarcation points will be
the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by Customer directly from third
parties, Lumen is not liable for such services.
4. The service(s) identified in this Order (the “Service(s)”) is/are subject to the current, unexpired services agreement
between Customer and Lumen (“Existing Agreement") provided if a service attachment describing the Services is not
included in the Existing Agreement, then the current standard applicable Lumen Service Attachment(s) will apply in
addition to the Existing Agreement. If Customer and Lumen do not have a current Existing Agreement,Services are
subject to Lumen’s standard Master Service Agreement(s), State, Local and Education Government Agencies Version,
Public Safety Version for public safety services, or E-Rate Version for E-Rate eligible services (each, a “Lumen MSA”),
and applicable Service Attachment(s) for the Services described in this Order will govern, copies of which are available at
https://www.lumen.com/en-us/about/legal/business-customer-terms-conditions.html or upon request, unless Customer
has executed a service agreement with Lumen or one of its affiliates applicable to the Services on this Order. In that case,
the most recent service agreement will apply to the extent not inconsistent with this Order and the current Service
Schedule(s) will apply and is/are specifically incorporated into the applicable agreement by this reference. Customer will
accept and pay all charges indicated on invoices for the Services.
Notwithstanding anything to the contrary, Lumen will notify Customer of acceptance of requested Service in this Order by
delivering (in writing or electronically) the date by which Lumen will install Service (the “Customer Commit Date”), by
delivering the Service, or by the manner described in a Service Schedule. Lumen will deliver a written or electronic notice
that the Service is provisioned, at which time billing will commence. At the expiration of the Service Term, Service will
continue month-to-month at the existing rates, subject to change by Lumen on 30 days’ written notice. If the service
agreement or applicable service specific terms do not include cancellation or early termination charges and if Customer
cancels or terminates Service for any reason other than Lumen’s uncured default or if Lumen cancels or terminates or
cause, then Customer will pay Lumen’s standard cancellation or early termination liability charges in the current standard
Lumen MSA.
5. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings,
loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or
punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any
nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the
affected Service.
6. Transport services ordered from Lumen will be treated as interstate for regulatory purposes except as otherwise agreed
to in writing.
7. Charges for certain Services are subject to (a) a monthly property tax surcharge and (b) a monthly cost recovery fee
per month to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by
Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional
details on taxes and surcharges that are assessed, visit http://www.lumen.com/taxes.
8. Unless otherwise set forth in a Service Attachment, Customer will pay Lumen’s standard ancillary charges for expedites
and additional activities, features, or options as set forth in the Ancillary Fee Schedule, available at
http://www.lumen.com/ancillary-fees. If Lumen cannot complete installation due to Customer delay or inaction, Lumen
may begin charging Customer and Customer will pay such charges.
9. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations,
and cross connect services are subject to whether facilities are available at the particular location to complete the
connection.

Service Order Confidential Page 2 of 4

Document No. DOC-0001746440
Scenario:
SM11248859

10. Compliance with Laws. The parties comply with all laws and regulations applicable to the execution of this Order and
to the provision of Services by Lumen, including, as applicable, procurement laws or regulations regarding cumulative
purchases of Services by Customer.
11. E-Rate and/or RHC/HCF Funding. If Customer applies for or seeks E-Rate and/or RHC/HCF funding for the
Service(s) to be provided under this Order, Customer’s Service(s) will be governed by a current eligible Existing
Agreement, or if Customer and Lumen do not have a current eligible Existing Agreement, the Lumen E-Rate MSA or
Lumen SLED MSA with the E-Rate and/or RHC/HCF Program Addendum will apply and must be executed
contemporaneously with this Order.
12. If your network service utilizes TDM technologies, then the following applies: (a) During the Service Term and on 60
days’ prior written notice, Lumen may re-provision Customer’s off-net TDM services (“Service Re-provision”). If Customer
objects to the Service Re-provision, Customer may terminate the affected service by notifying Lumen in writing within 30
days of the date of the Service Re-provision notification; and (b) During the Service Term, Lumen may increase rates for
off-net TDM services. Lumen will provide Customer 60 days’ prior written notice before implementing the increase
("Rerate Notice"). If Customer objects to the increase, Customer must notify Lumen in writing within 30 days of the date of
the Rerate Notice whether Customer will (i) receive the affected service on a month-to-month basis or (ii) terminate the
affected service, subject to early termination liability charges. Under subsection (ii), Customer’s requested disconnect date
must be within 90 days of the Rerate Notice. Unless Customer so notifies Lumen, the affected service will continue to be
provided at the increased rates. If Customer does not respond to the Rerate Notice, the affected service will continue to
be provided at the increased rates set forth in the Rerate Notice.
13. Infrastructure Investment and Jobs Act (IIJA) Grant Programs. If Customer participates in an IIJA program, including
but not limited to, the Middle Mile Grant, Tribal Connectivity Broadband, and the Broadband Equity Access and
Deployment (BEAD) Grant Programs, then Customer cannot pay for Services with funds obtained through the IIJA or
other similar grants that would obligate Lumen to provide certain information or perform certain regulatory compliance
functions, unless each of those functions and obligations is explicitly identified and agreed to by the parties in the
Agreement or in an amendment to the Agreement.

Additional Order Terms
For Fabric Port services, by signing this Order Customer also acknowledges and agrees to the additional digital terms
located at https://www.lumen.com/en-us/about/legal/digital-platform.html
Invoices
Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among
the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on Customer’s
invoice by location served.
Activation Support
If requested by Customer, and for an additional charge, Lumen will provide assistance with activating and/or configuring
equipment on Customer’s side of the Demarcation Point (“Activation Support”).
Multiple Site Services (IP VPN, ILAN, NLAN, ENLAN, Converged, Multi-VPN/VPN Connector, UNI, E-Line, E-Access, ELAN and E-NNI)
Billing for multiple site Services will commence on the Service Date for each individual node or site. Customer networks
should be engineered so that a hub-site and at least one other site are brought online first and on the same date.
Notwithstanding the foregoing, billing for E-NNI Service locations will commence when the E-NNI Service has been
successfully installed and is available for Customer’s use regardless of the status of other sites or configurations.

Service Order Confidential Page 3 of 4

Document No. DOC-0001746440
Scenario:
SM11248859

Signature Block
Customer: YELLOWSTONE COUNTY MT
Total MRC: $310.00
Total NRC: 0
Signature:
{{_es_signer_signature

}}

Name: {{_es_signer_fullname

}}

Title: {{_es_signer_title

}}

Date: {{_es_signer_date

}}

Customer and the individual signing above represent that such individual has the authority to bind Customer to this
Agreement.

Document Generation Date: 08-25-2026

Service Order Confidential Page 4 of 4

LUMEN ON-DEMAND WHERE YOU DEMAND IT PROMOTIONAL OFFER
This Order Addendum (“Addendum”) is entered into between LUMEN and YELLOWSTONE COUNTY MT (“Customer”) as of the last
date of signature below (“Addendum Effective Date”) and modifies the DOC-0001746440, a copy of which is attached hereto as EXHIBIT
A (the “Order(s)”). The purpose of this Addendum is to add the following terms and conditions related to the Lumen On-Demand Where
You Demand It Promotion (“Offer”). “Lumen” is defined for purposes of this as CenturyLink Communications, LLC d/b/a Lumen
Technologies Group or its affiliated entities providing Services under the Order Addendum (s). Except as set forth in this Addendum,
capitalized terms will have the definitions assigned to them in the Order(s) or the Agreement.

1.

Definitions

“Eligible Service” means Internet On-Demand (IoD) or Ethernet Fabric Connect (EFC) Service and the associated Fabric Port. Excludes
1mbps IoD Service and optional add-on features. Customer must purchase Fabric Port for a minimum term commitment of twelve
months.
“Eligible Customer” means business customers purchasing one new Fabric Port and IoD or EFC Service in one or more eligible
continental U.S. on-net or off-net locations. Lumen reserves the right to determine in its sole discretion whether a customer is an
Eligible Customer.
“Order Period” means Customer must submit the Order for the Fabric Port between August 1, 2026 and October 30, 2026.
2.
Promotional Credits. If an Eligible Customer orders Eligible Service within the Order Period, Customer will receive ONE credit
(the “Credit”), which will be applied to the bandwidth charges for the On-Demand Service. The Credit will be equal to 100% of the
bandwidth charges during months 1-3 of the Fabric Port service term for the On-Demand Service only and will not apply to the monthly
recurring charges for the Fabric Port. The Credit will appear on the 5th invoice following the installation of the Fabric Port. Taxes, fees,
surcharges, and non-recurring charges are not included.
3.
Eligibility and Restrictions. All other terms and conditions in the Order(s) remain in effect. Customer must activate the IoD or
EFC Service within 30 days of the Fabric Port installation. Customer must remain in good credit standing and Offer may terminate if
Customer changes their account in any manner including, but not limited to, their service location. Lumen may change the terms of the
Offer and may modify or cancel the terms of the Offer at any time without notice. Customer will be eligible for bandwidth credits for each
Fabric Port and On-Demand Service combination ordered within the Order Period. Applies to On-Demand Service billed on an hourly
basis and On-Demand Service billed under a term-based billing model. May not be combined with other special offers or promotions.
Pricing is valid for the duration of the term displayed on the Order and will not apply to renewal orders. If there is a conflict between this
Addendum and the Order, the terms of this Addendum will govern. This Addendum will only apply to the Order(s) identified above and
will not apply to any other orders.
By signing below, each party acknowledges that it has read, understood, and accepts the terms and conditions set forth in this Addendum.

CENTURYLINK COMMUNICATIONS, LLC D/B/A
LUMEN TECHNOLOGIES GROUP
{{Sig2a_es_:signer2:signature

YELLOWSTONE COUNTY MT

}}
{{Sig1a_es_:signer1:signature

Authorized Signature
{{FName2a_es_:signer2:fullname
Shrabana
Bhatta

Authorized Signature
}}

Name Typed or Printed
{{Title2a_es_:signer2
Lumen
Marketing Solutions

}}

{{Fname1a_es_:signer1:fullname

}}

Name Typed or Printed
}}

{{Title1a_es_:signer1

}}

Title

Title

{{Date2a_es_:signer2:isdate}}
Aug
27, 2026

{{Date1a_es_:signer1:isdate}}

Date

Date

Version: July 31, 2026
Lumen Internal Use – DSR1204040
Page 1 of 2
CONFIDENTIAL

© Lumen Technologies. All Rights Reserved.

EXHIBIT A
ORDER(S)
{attach Order(s) described in Addendum}

Page 2 of 2
CONFIDENTIAL

© Lumen Technologies. All Rights Reserved.

LUMEN ON-DEMAND WHERE YOU DEMAND IT PROMOTIONAL OFFER
This Order Addendum (“Addendum”) is entered into between LUMEN and YELLOWSTONE COUNTY MT (“Customer”) as of the last
date of signature below (“Addendum Effective Date”) and modifies the SERVICE ORDER NO. DOC- 0001746406, a copy of which is
attached hereto as EXHIBIT A (the “Order(s)”). The purpose of this Addendum is to add the following terms and conditions related to the
Lumen On-Demand Where You Demand It Promotion (“Offer”). “Lumen” is defined for purposes of this Addendum as CenturyLink
Communications, LLC d/b/a Lumen Technologies Group or its affiliated entities providing Services under the Order(s). Except as set forth
in this Addendum, capitalized terms will have the definitions assigned to them in the Order(s) or the Agreement.

1.

Definitions

“Eligible Service” means Internet On-Demand (IoD) or Ethernet Fabric Connect (EFC) Service and the associated Fabric Port. Excludes
1mbps IoD Service and optional add-on features. Customer must purchase Fabric Port for a minimum term commitment of twelve
months.
“Eligible Customer” means business customers purchasing one new Fabric Port and IoD or EFC Service in one or more eligible
continental U.S. on-net or off-net locations. Lumen reserves the right to determine in its sole discretion whether a customer is an
Eligible Customer.
“Order Period” means Customer must submit the Order for the Fabric Port between August 1, 2026 and October 30, 2026.
2.
Promotional Credits. If an Eligible Customer orders Eligible Service within the Order Period, Customer will receive ONE credit
(the “Credit”), which will be applied to the bandwidth charges for the On-Demand Service. The Credit will be equal to 100% of the
bandwidth charges during months 1-3 of the Fabric Port service term for the On-Demand Service only and will not apply to the monthly
recurring charges for the Fabric Port. The Credit will appear on the 5th invoice following the installation of the Fabric Port. Taxes, fees,
surcharges, and non-recurring charges are not included.
3.
Eligibility and Restrictions. All other terms and conditions in the Order(s) remain in effect. Customer must activate the IoD or
EFC Service within 30 days of the Fabric Port installation. Customer must remain in good credit standing and Offer may terminate if
Customer changes their account in any manner including, but not limited to, their service location. Lumen may change the terms of the
Offer and may modify or cancel the terms of the Offer at any time without notice. Customer will be eligible for bandwidth credits for each
Fabric Port and On-Demand Service combination ordered within the Order Period. Applies to On-Demand Service billed on an hourly
basis and On-Demand Service billed under a term-based billing model. May not be combined with other special offers or promotions.
Pricing is valid for the duration of the term displayed on the Order and will not apply to renewal orders. If there is a conflict between this
Addendum and the Order, the terms of this Addendum will govern. This Addendum will only apply to the Order(s) identified above and
will not apply to any other orders.
By signing below, each party acknowledges that it has read, understood, and accepts the terms and conditions set forth in this Addendum.

CENTURYLINK COMMUNICATIONS, LLC D/B/A
LUMEN TECHNOLOGIES GROUP
{{Sig2a_es_:signer2:signature

YELLOWSTONE COUNTY MT

}}
{{Sig1a_es_:signer1:signature

Authorized Signature
{{FName2a_es_:signer2:fullname
Aarti Sharma

Authorized Signature
}}

Name Typed or Printed
{{Title2a_es_:signer2
Lumen
Marketing Solutions

}}

{{Fname1a_es_:signer1:fullname

}}

Name Typed or Printed
}}

{{Title1a_es_:signer1

}}

Title

Title

{{Date2a_es_:signer2:isdate}}
August
31 ,2026

{{Date1a_es_:signer1:isdate}}

Date

Date

Version: July 31, 2026
Lumen Internal Use – DSR1204036

Page 1 of 2
CONFIDENTIAL

© Lumen Technologies. All Rights Reserved.

EXHIBIT A
ORDER(S)
{attach Order(s) described in Addendum}

Page 2 of 2
CONFIDENTIAL

© Lumen Technologies. All Rights Reserved.

Document No. DOC-0001746406
Scenario:
SM11248868

Customer Information and Contract Specifications
Customer Name: YELLOWSTONE COUNTY MT
Account Number: 3-A27692
Currency:
USD
Monthly Recurring Charges (MRC): $310.00
Non Recurring Charges (NRC):
0

Service Order
Service Address

Description

308 6TH AVE N
BILLINGS MONTANA
59101 1500 UNITED
STATES

Lumen Fabric Port 1 Gbps

Order Term
Qty Unit MRC Unit NRC
Type (Months)
New

12

1

$310.00

$0.00

Total MRC
$310.00

Total NRC Country
$0.00

USA

$0.00

USA

- Delivery to the
MPoE - Building
Extension to customer
suite NOT included
- Service Level =
24x7x4
NaaS Enabled

1

$0.00

Subtotal

$310.00

$0.00

Totals

$310.00

$0.00

*If the Service Address column above is blank, no Service Address is required for the Service or the Service Address is identified as a
data center in the Description column.

SLED Terms and Conditions Governing This Order

1.“Lumen” is defined for purposes of this Order as CenturyLink Communications, LLC d/b/a Lumen Technologies Group
or its affiliated entities providing Services under this Order. The Lumen entity providing Services is identified on the
invoice. This Order is subject to the applicable state or municipal public records laws governing Customer and is nonbinding until accepted by Lumen, as set forth in section 4. Customer places this Order by signing or otherwise
acknowledging (in a manner acceptable to Lumen) this document and returning it to Lumen. Pricing is valid for 90
calendar days from the date indicated unless otherwise specified.
2. Prior to installation, Lumen may notify Customer in writing (including by e-mail) of price increases due to off-net vendors
or increased construction costs. Customer has 5 business days following notice to cancel this Order without liability; or
otherwise, Customer is deemed to accept the increase.
3. If a generic demarcation point (such as a street address) is provided, the demarcation point for on-net services will be
Lumen’s Minimum Point of Entry (MPOE) at such location (as determined by Lumen). Off-net demarcation points will be
the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by Customer directly from third
parties, Lumen is not liable for such services.

Service Order Confidential Page 1 of 4

Document No. DOC-0001746406
Scenario:
SM11248868

4. The service(s) identified in this Order (the “Service(s)”) is/are subject to the current, unexpired services agreement
between Customer and Lumen (“Existing Agreement") provided if a service attachment describing the Services is not
included in the Existing Agreement, then the current standard applicable Lumen Service Attachment(s) will apply in
addition to the Existing Agreement. If Customer and Lumen do not have a current Existing Agreement,Services are
subject to Lumen’s standard Master Service Agreement(s), State, Local and Education Government Agencies Version,
Public Safety Version for public safety services, or E-Rate Version for E-Rate eligible services (each, a “Lumen MSA”),
and applicable Service Attachment(s) for the Services described in this Order will govern, copies of which are available at
https://www.lumen.com/en-us/about/legal/business-customer-terms-conditions.html or upon request, unless Customer
has executed a service agreement with Lumen or one of its affiliates applicable to the Services on this Order. In that case,
the most recent service agreement will apply to the extent not inconsistent with this Order and the current Service
Schedule(s) will apply and is/are specifically incorporated into the applicable agreement by this reference. Customer will
accept and pay all charges indicated on invoices for the Services.
Notwithstanding anything to the contrary, Lumen will notify Customer of acceptance of requested Service in this Order by
delivering (in writing or electronically) the date by which Lumen will install Service (the “Customer Commit Date”), by
delivering the Service, or by the manner described in a Service Schedule. Lumen will deliver a written or electronic notice
that the Service is provisioned, at which time billing will commence. At the expiration of the Service Term, Service will
continue month-to-month at the existing rates, subject to change by Lumen on 30 days’ written notice. If the service
agreement or applicable service specific terms do not include cancellation or early termination charges and if Customer
cancels or terminates Service for any reason other than Lumen’s uncured default or if Lumen cancels or terminates or
cause, then Customer will pay Lumen’s standard cancellation or early termination liability charges in the current standard
Lumen MSA.
5. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings,
loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or
punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any
nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the
affected Service.
6. Transport services ordered from Lumen will be treated as interstate for regulatory purposes except as otherwise agreed
to in writing.
7. Charges for certain Services are subject to (a) a monthly property tax surcharge and (b) a monthly cost recovery fee
per month to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by
Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional
details on taxes and surcharges that are assessed, visit http://www.lumen.com/taxes.
8. Unless otherwise set forth in a Service Attachment, Customer will pay Lumen’s standard ancillary charges for expedites
and additional activities, features, or options as set forth in the Ancillary Fee Schedule, available at
http://www.lumen.com/ancillary-fees. If Lumen cannot complete installation due to Customer delay or inaction, Lumen
may begin charging Customer and Customer will pay such charges.
9. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations,
and cross connect services are subject to whether facilities are available at the particular location to complete the
connection.
10. Compliance with Laws. The parties comply with all laws and regulations applicable to the execution of this Order and
to the provision of Services by Lumen, including, as applicable, procurement laws or regulations regarding cumulative
purchases of Services by Customer.

Service Order Confidential Page 2 of 4

Document No. DOC-0001746406
Scenario:
SM11248868

11. E-Rate and/or RHC/HCF Funding. If Customer applies for or seeks E-Rate and/or RHC/HCF funding for the
Service(s) to be provided under this Order, Customer’s Service(s) will be governed by a current eligible Existing
Agreement, or if Customer and Lumen do not have a current eligible Existing Agreement, the Lumen E-Rate MSA or
Lumen SLED MSA with the E-Rate and/or RHC/HCF Program Addendum will apply and must be executed
contemporaneously with this Order.
12. If your network service utilizes TDM technologies, then the following applies: (a) During the Service Term and on 60
days’ prior written notice, Lumen may re-provision Customer’s off-net TDM services (“Service Re-provision”). If Customer
objects to the Service Re-provision, Customer may terminate the affected service by notifying Lumen in writing within 30
days of the date of the Service Re-provision notification; and (b) During the Service Term, Lumen may increase rates for
off-net TDM services. Lumen will provide Customer 60 days’ prior written notice before implementing the increase
("Rerate Notice"). If Customer objects to the increase, Customer must notify Lumen in writing within 30 days of the date of
the Rerate Notice whether Customer will (i) receive the affected service on a month-to-month basis or (ii) terminate the
affected service, subject to early termination liability charges. Under subsection (ii), Customer’s requested disconnect date
must be within 90 days of the Rerate Notice. Unless Customer so notifies Lumen, the affected service will continue to be
provided at the increased rates. If Customer does not respond to the Rerate Notice, the affected service will continue to
be provided at the increased rates set forth in the Rerate Notice.
13. Infrastructure Investment and Jobs Act (IIJA) Grant Programs. If Customer participates in an IIJA program, including
but not limited to, the Middle Mile Grant, Tribal Connectivity Broadband, and the Broadband Equity Access and
Deployment (BEAD) Grant Programs, then Customer cannot pay for Services with funds obtained through the IIJA or
other similar grants that would obligate Lumen to provide certain information or perform certain regulatory compliance
functions, unless each of those functions and obligations is explicitly identified and agreed to by the parties in the
Agreement or in an amendment to the Agreement.

Additional Order Terms
For Fabric Port services, by signing this Order Customer also acknowledges and agrees to the additional digital terms
located at https://www.lumen.com/en-us/about/legal/digital-platform.html
Invoices
Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among
the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on Customer’s
invoice by location served.
Activation Support
If requested by Customer, and for an additional charge, Lumen will provide assistance with activating and/or configuring
equipment on Customer’s side of the Demarcation Point (“Activation Support”).
Multiple Site Services (IP VPN, ILAN, NLAN, ENLAN, Converged, Multi-VPN/VPN Connector, UNI, E-Line, E-Access, ELAN and E-NNI)
Billing for multiple site Services will commence on the Service Date for each individual node or site. Customer networks
should be engineered so that a hub-site and at least one other site are brought online first and on the same date.
Notwithstanding the foregoing, billing for E-NNI Service locations will commence when the E-NNI Service has been
successfully installed and is available for Customer’s use regardless of the status of other sites or configurations.

Service Order Confidential Page 3 of 4

Document No. DOC-0001746406
Scenario:
SM11248868

Signature Block
Customer: YELLOWSTONE COUNTY MT
Total MRC: $310.00
Total NRC: 0
Signature:
{{_es_signer_signature

}}

Name: {{_es_signer_fullname

}}

Title: {{_es_signer_title

}}

Date: {{_es_signer_date

}}

Customer and the individual signing above represent that such individual has the authority to bind Customer to this
Agreement.

Document Generation Date: 08-25-2026

Service Order Confidential Page 4 of 4

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
New IT Role
Submitted For: Larry Ziler, IT Director

3. b.

Submitted By: Larry Ziler, IT Director

TOPIC:
Creation IT Role "Training and Support Coordinator"

BACKGROUND:
IT Training & Support Coordinator — Position Background The IT Training & Support Coordinator is a
full-time, non-exempt position graded at H. The role has two main responsibilities: 1. Support team
coordination. Lead the IT Support team so that support requests are resolved on time and team
members keep up with their secondary duties. 2. Countywide technical training. Work with the IT Director
and Yellowstone County department heads to build training programs for new hires and continuing
education for current employees. Planned topics include: Cybersecurity awareness Microsoft Word,
Outlook, Excel, Teams, etc. Time Force and other time clock applications MVD CARS Treasurer’s
Taxwise system Clerk & Recorder Eagle Recorder Public Works permit application Any application or
system identified by a department head requiring training resources Turnover is costly: Gallup estimates
that replacing an employee costs between one-half and two times that employee’s annual salary.¹
Employers increasingly recognize training as the answer—in LinkedIn’s 2025 Workplace Learning
Report, organizations ranked providing learning opportunities as their No. 1 retention strategy.² . ¹ Gallup,
“This Fixable Problem Costs U.S. Businesses $1 Trillion,” March 13, 2019. ² LinkedIn Learning,
Workplace Learning Report 2025.
RECOMMENDED ACTION:
I recommend the BOCC formally authorize the creation of the new IT Role "Training and Support
Coordinator" as a class H non-exempt role.

Attachments
Job Description

JOB DESCRIPTION

IT Support Operations & Training Coordinator
Senior-Level | Information Technology Department

Classification

IT Training & Support Coordinator

Department

Information Technology

Reports To

IT Director

FLSA Status

Non-Exempt

Employment Type

Full-Time

Grade

H

Position Summary
The IT Training & Support Coordinator serves as the lead member of the County's IT Support team,
bridging the gap between technical systems and end users. This senior-level role is responsible for
designing and delivering employee technology training, providing application-focused user support,
and maintaining a centralized knowledge base that promotes operational consistency across all
County departments. The Coordinator works closely with the IT Director and department leadership
to ensure that staff are equipped, confident, and compliant in their use of County systems and data
practices.

Essential Functions & Responsibilities

Technology Training & Onboarding
•

Conduct technology onboarding for new employees and coordinate with HR to align training
with County onboarding processes.

•

Produce clear, accessible training materials including user guides, quick-reference sheets,
instructional videos, and workflow documentation.

•

Maintain a training schedule, track attendance, and adjust content based on user feedback
and evolving operational needs.
Adapt training delivery to varying skill levels, ensuring all users can perform required tasks
efficiently and accurately.

•
•

Coordinate content and delivery of mandatory security training.

Application Support & User Assistance

•

Provide application-focused support with an emphasis on how-to guidance, workflow
clarification, and user education.

•

Assist departments in understanding new features, system updates, and technology
changes.
Identify recurring user issues and develop targeted training or documentation to reduce
repeat support tickets.
Support new software rollouts by preparing training plans, readiness assessments, and user
communications.

•
•

Team Leadership & Performance
•

Define and monitor key performance indicators (KPIs) for the Support team as measures of
overall effectiveness in serving County users.

•

Collaborate with the IT Director to implement policy and procedure improvements that
promote continued team development and service quality.
Serve as a senior resource and informal mentor for other support team members.
Monitor help desk ticket queues to ensure timely resolution, appropriate prioritization, and
consistent service quality across the support team.
Create agendas for and lead weekly support team meetings, facilitating discussion of
priorities, ongoing issues, and operational updates.
Track support team project progress, providing status updates to the IT Director and
proactively identifying risks or scheduling conflicts.
Approve and schedule time-off coverage for support team members, ensuring adequate
staffing levels and continuity of service.

•
•
•
•
•
•
•

Manage scheduling of rotations for service location, primary support, and on call schedules
Onboard and train new support team members, orienting them to County systems,
workflows, ticketing procedures, and service standards.

Documentation & Knowledge Management
•
•
•

Maintain a centralized repository of training materials, user guides, and support
documentation.
Standardize workflows and best practices to improve operational consistency across
departments.
Ensure all materials accurately reflect current system versions, County policies, and
cybersecurity requirements.

Stakeholder Collaboration & Project Participation
•

Work with department leadership to identify training needs, skill gaps, and process
improvement opportunities.

•

Participate in project teams for new system implementations, ensuring user training is
integrated into project timelines and go-live plans.
Coordinate with HR, IT Support staff, and system administrators to align training initiatives
with operational priorities.

•

Cybersecurity & Compliance Awareness
•
•

Integrate cybersecurity best practices into all training content and user communications.
Reinforce County policies related to data handling, password hygiene, phishing awareness,
and secure system use.

•

Update training materials proactively as cybersecurity threats and County policies evolve.

Help Desk Coverage & Technical Support
•

Assist with front-line help desk activities during peak demand, staff shortages, or highpriority incidents.

•

Respond to support requests in alignment with established coverage expectations and
response-time standards.
Perform basic troubleshooting for hardware, software, and account-related issues before
escalating to appropriate technicians.

•
•

Document support interactions accurately and maintain clear, complete ticket records.

•

Participate in rotating on-call or after-hours support schedules if assigned.

Minimum Qualifications

Education
•

Associate's degree in Information Technology, Computer Science, Business, or a related
field; or an equivalent combination of education and experience.

•

Bachelor's degree preferred.

Experience
•
•

Minimum five (5) years of experience in IT support, end-user training, or a related role.
Demonstrated experience developing training materials and delivering technology
instruction to diverse audiences.

•

Experience working in a government, public sector, or similarly structured organization is
preferred.

Knowledge, Skills & Abilities
•

Strong verbal and written communication skills; ability to explain technical concepts to nontechnical users.

•

Proficiency with Microsoft 365 applications and common enterprise IT systems.

•

Familiarity with help desk ticketing systems and IT service management (ITSM) practices.

•
•

Working knowledge of cybersecurity awareness principles and data handling best practices.
Ability to manage multiple priorities, adapt to changing needs, and work effectively across
departments.

•

Strong organizational skills and attention to detail in documentation and recordkeeping.

Preferred Qualifications
•

Certifications such as CompTIA A+, Microsoft 365 Certified, or comparable credentials.

•

Experience with e-learning authoring tools (e.g., Articulate, Camtasia, or similar).

•

Familiarity with KPI development and performance reporting for IT service functions.

•

Experience with enterprise resource planning (ERP) or similar County-wide systems.

Work Environment & Physical Requirements
Work is primarily performed in an office environment with regular use of computers and standard
office equipment. Occasional travel between County facilities may be required. Position may require
sitting for extended periods, with some light lifting (up to 25 lbs.) for equipment handling.
Reasonable accommodation may be made for individuals with disabilities.

This job description is not intended to be all-inclusive. The County reserves the right to revise or change job duties as the
need arises. This document does not constitute a written or implied contract of employment.

B.O.C.C. Regular
Meeting Date: 10/20/2026

4. a.

Title:
BAHL Centennial Ice Arena - Lease Extension
Submitted By: Monica Plecker, Public Works Director
TOPIC:
BAHL Centennial Ice Arena - Extension
BACKGROUND:
Yellowstone County is still in the process of negotiating a lease with Yellowstone Ice Foundation (YIF) for
the use of Centennial Ice Arena. The purpose of this extension is to have Billings Amateur Hockey
League continue to be the responsible party until YIF and YCO are able to negotiate a new lease.
RECOMMENDED ACTION:
Approve

Attachments
Agreement

B.O.C.C. Regular
Meeting Date: 10/20/2026

4. b.

Title:

Public Works - Road Use and Maintenance Agreement to Mitigate Impacts to Heiken
Road and Buffalo Trail Road
Submitted By: Monica Plecker, Public Works Director
TOPIC:
Public Works - Road Use and Maintenance Agreement to Mitigate Impacts to Heiken Road and Buffalo
Trail Road

BACKGROUND:
Staff provided a presentation of the proposed Road Use and Maintenance Agreement to the BOCC at its
discussion meeting on October 15, 2026. The purpose of the agreement is to ensure county roads are
usable and in a satisfactory condition given the anticipated impacts of proposed development on private
land owned by Big Sky Digital Infrastructure. This proposed agreement is related specifically to impacts
for the construction of a private road on private property, the construction of a well drilling pad and well
drilling operations. Any future phases of the project or work outside this scope would require a new
agreement. To ensure the haul route roads remain usable and in satisfactory condition. The agreement
focuses on the following: Restricted Haul Route and Site Access Maintenance Requirements,
Construction Requirements and Cost Responsibility.
During the discussion meeting, staff presented BSDI requested changes in regard to 30 day time
restrictions for plan review, and financial guarantee release once certain measures had been met. In
addition, BSDI requested additional details surrounding future documents that would supersede the
original. During the discussion, legal, public works staff and the board indicated their support of those
changes. The document has been amended to reflect these changes.
RECOMMENDED ACTION:
Approve.

Attachments
Road Use and Maintenance Agreement

Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Introduction

Yellowstone County is a political subdivision of the State of Montana. The County, through the Yellowstone County
Public Works Department, maintains county roads within the County. Big Sky Digital Infrastructure LLC (BSDI) is
a Delaware limited liability company, based in Texas. Big Sky Digital Infrastructure develops infrastructure for data
centers. Big Sky Digital Infrastructure plans to develop infrastructure for a potential data center in Yellowstone
County, near Broadview.
To begin the development, Big Sky Digital Infrastructure intends to construct a private road and drill a water well on
its land. To access the land, Big Sky Digital Infrastructure will traverse from US Highway No. 3 to Buffalo Trail Road
over Heiken Road, approximately 1 mile, and then traverse approximately four miles south on Buffalo Trail Road
from Heiken Road to the entrance onto its land. Heiken Road and Buffalo Trail Road are county maintained gravel
roads.
The construction of the private road and the well drilling will increase traffic on portions of Heiken Road and Buffalo
Trail Road. The increased traffic will accelerate the deterioration of these roads and increase maintenance needs. Both
the County and Big Sky Digital Infrastructure want the roads to remain usable and in acceptable condition. The County
wants the public to be able to use the roads. Big Sky Digital Infrastructure wants to be able to use the roads to construct
its private road and drill its well.
To ensure the roads are usable and in satisfactory condition given the anticipated impacts, the County and Big Sky
Digital Infrastructure have agreed to inspect the roads to ensure they can accommodate the traffic necessary to
construct the private road and drill the well, and if necessary, improve the roads to accommodate such traffic, and
provide any increased maintenance for the roads caused by this increased traffic. The County shall allow Big Sky
Digital Infrastructure to use its roads and in return Big Sky Digital Infrastructure shall improve and maintain the roads
as required for the development of its land. Big Sky Digital Infrastructure, not the public, shall pay for the increased
burden on the roads caused by its development of the land. Further, Big Sky Digital Infrastructure shall pay for all
professional services required to complete inspections, engineering design, geotechnical investigation, or other costs
the county may assume and pass through as a result of the activity to the roads.
Yellowstone County and Big Sky Digital Infrastructure LLC agree as follows:

Consideration
Entities
Yellowstone County
Yellowstone County is a political subdivision of the State of Montana. The County, through the Yellowstone County
Public Works Department, maintains county roads within the County. The contact person for this agreement for the
County is the Director of the Yellowstone County Public Works Department. The contact information for the Director
is:
Yellowstone County Public Works Department
Attn: Monica Plecker, Director of the Yellowstone County Public Works Department
P.O. Box 35024
Billings, Montana 59101
(406) 256-2730
[email protected]
Big Sky Digital Infrastructure LLC
Big Sky Digital Infrastructure LLC is a Delaware limited liability company, based in Texas. Big Sky Digital
Infrastructure develops infrastructure for the construction of data centers. Big Sky Digital Infrastructure intends to
develop the infrastructure for a potential data center in the County, near Broadview. The contact person for this
Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 1 of 14

agreement for Big Sky Digital Infrastructure is the Adam Davis. The contact information for the Director of
Development is:
Big Sky Digital Infrastructure LLC
Attn: Adam Davis, Director of Development
1302 North 24th Street West
PMB # 363
Billings, Montana 59102
406-536-4800
[email protected]

Scope of Work

Big Sky Digital Infrastructure is drilling a prospect water well to support future project activities. The water well is
located approximately 1/2 mile east of Buffalo Trail Road on BSDI-owned lands. On-site improvements to complete
the water well include upgrading an existing ranch access from Buffalo Trail Road to a permitted approach; installing
a private gravel road, on private property, to replace an existing two-track access road; and constructing a gravel
drilling pad for the water well drilling operations. Water well drilling will be performed immediately after road and
pad construction. Drilling activities are expected to last 80-100 days once drilling commences. There is anticipated
traffic associated with operations during the construction of the road and drilling of well, including mobilization of
heavy equipment, gravel hauling, deliveries of water, fuel and drilling materials, including water storage tanks, and
other personnel related travel. It’s understood there may be some passenger vehicle personnel traveling on other routes,
but all construction related traffic and truck traffic is limited to the haul route identified in this agreement.

Roads

The roads included in this agreement are a portion of Heiken Road and Buffalo Trail Road. The portion of Heiken
Road from US Highway No. 3 to the intersection with Buffalo Trail Road. This portion of the road is approximately 1
mile. The portion of Buffalo Trail Road from the intersection with Heiken Road south to the entrance onto Big Sky
Digital Infrastructure’s land. This portion of the road is approximately 4 miles. BSDI will need to obtain an approach
permit from the County to enter onto Buffalo Trail Road. (Attachment 1, MAP)

Improvements and Maintenance of Roads

Big Sky Digital Infrastructure shall only use Heiken Road and Buffalo Trail Road, this will be known as the haul
route. BSDI is responsible financially for all construction improvements, maintenance and repair costs, including third
party inspection and/or consultant work (geotechnical, engineering services or other).
For the Duration of this agreement, BSDI agrees to maintain Buffalo Trail Road and Heiken Road as outlined below:
• Initial drone flight to obtain ortho imagery and LiDAR ground elevations to be completed by the County’s
contractor. The purpose of the drone flight is to inventory physical condition of the impacted portions of
Buffalo Trail Road and Heiken Road.
• BSDI shall have on retainer, a county approved contractor that is licensed, bonded and insured, that within
72 hours’ notice, from Yellowstone County, provide requested maintenance (blading, dust control, etc.)
• Haul route inspections are required to be completed weekly at a minimum, or at the county’s request. The
inspections will be conducted by the County’s consultant to document conditions and determine
maintenance or repair needs of the haul route.
• BSDI will provide a surety bond for maintenance for the benefit of Yellowstone County, in the amount of
$250,000.00 at the time of this agreement. The purpose of the bond is to cover maintenance needs and
potential impacts to Heiken and Buffalo Trail roads.
• Maintenance on Heiken Road is required for the duration of this agreement, specifically, pre and post
construction of required improvements to Heiken Road.
• Failure to pay for pass-through costs, will result in a stop work order or similar.
BSDI agrees to the following Construction Improvements of Heiken Road as outlined below:
• Applicate with a cement soil stabilizer in accordance with MDT specifications. (Attachment 2,
Specification).
Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 2 of 14

•

•
•

•
•

Provide a top lift of 3-inches of ¾inch minus crushed gravel (meeting MDT spec for Grade 2 Crushed Top
Surfacing Type “B”, 701.02.7) required to be treated with mag chloride.
o BSDI shall hire an Engineer to design, and present to Yellowstone County for approval, the
section (cement treated base, gravel surfacing, and magnesium chloride) based on the
specifications provided in Attachment 2.
o The design must be provided to Yellowstone County by January 15, 2027. The County shall approve the
design or provide written comments within thirty (30) days after receipt, and if the County does not
respond within that period the design is deemed approved.
o Due to construction season limitations for application of cement soil stabilization, a bond or other
means of financial guarantee in the amount of 125% of the engineer’s estimate of probable cost, as
reviewed and accepted by Yellowstone County, is required to be provided to Yellowstone County
within 14 days of the approved design. This financial guarantee will be released within 30 days of
The County entering into a contract with awarded bidder.
o The construction improvements to Heiken Road must be constructed no later than April 15, 2027.
This date may be extended two (2) times in 30-day increments by mutual agreement with the
County’s approval, which shall not be unreasonably withheld, conditioned or delayed, in the
event weather conditions do not permit construction as outlined within the specification
There are two culverts located on Heiken Road that should be monitored during weekly inspections. If
damage occurs, BSDI will be responsible for repairs or replacement. A culvert extension will be necessary
if shoulder work requires.
Construction improvements of Heiken Road will be publicly bid and awarded by Yellowstone County.
BSDI shall provide all bid documents (plans, specifications, bid form, contract, etc.) to Yellowstone County
for bidding purposes. BSDI or their Engineer will be responsible for responding to any design and/or
construction related questions throughout the bid process.
A performance bond will be required by the contractor awarded the bid for improving Heiken Road.
A full-time on-site inspector will be required for the duration of active construction of Heiken Road.

Duration

This agreement, unless amended or superseded, is limited to the drilling phase of the project. Future work will require
a new agreement or amendments to this agreement.
The agreement shall commence when Big Sky Digital Infrastructure begins the construction of the approach and
private road and shall terminate when Big Sky Digital Infrastructure has completed the well drilling and the
construction improvements to Heiken Road, or earlier upon supersession or termination as provided in this agreement.
Prior to the agreement’s termination, the County will verify the roads are in an acceptable condition. The condition
required by this agreement is measured against the baseline documented in the initial drone flight, via a final inspection
conducted within thirty (30) days after BSDI’s written notice of completion. Within thirty (30) days after the final
inspection, the County shall release the maintenance bond and other financial guarantees held under this agreement.
Currently, it is anticipated that on 11/1/2026 Big Sky Digital Infrastructure will begin the construction of the approach
and private road and on 5/1/2027 it will finish drilling the well. These dates are subject to change.
The County and Big Sky Digital Infrastructure anticipate entering into similar agreements as new project phases
progress. Yellowstone County reserves the right to create a Rural Special Improvement District (RSID) to maintain
the newly improved Heiken Road. A waiver of right to protest the creation of the district is required as part of this
agreement. (Attachment 3, Waiver)
This agreement may be amended, only if both parties agree. This agreement may be superseded by a subsequent
agreement. New project phases or expanding the existing scope of work will require an amendment or subsequent
agreement.
Supersession and Release. The County may sign a later written agreement covering the use or improvement of Heiken
Road or Buffalo Trail Road with BSDI, a BSDI affiliate or successor, or a customer, tenant, or purchaser of the BSDI
property (a "Subsequent Agreement"). That agreement controls all obligations arising after its effective date, including
the Heiken Road Construction Improvements and their deadlines, unless it says otherwise. Within thirty (30) days
after the County receives the security required under the Subsequent Agreement, the County will release BSDI's bonds
and other financial guarantees under this agreement and record a release of the Waiver of Right to Protest. The County
Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 3 of 14

may first deduct any documented amounts owed for road damage or pass-through costs incurred before that effective
date. Obligations that accrued before that date remain in effect.
If Big Sky Digital Infrastructure decides not to complete the private road or the well and chooses to terminate this
agreement, it shall notify the County of its intent. The County shall then inspect the roads to ensure they have not
been damaged by the increased traffic. Once the County determines, through an on-site inspection, the roads have
been restored to the same condition as prior to the increased traffic, the agreement shall be terminated.

Disputes

If a dispute develops between the County and Big Sky Digital Infrastructure as to the agreement, they shall initially
attempt to resolve the dispute through informal discussions. If informal discussions fail to resolve the dispute, they
shall attempt to resolve the dispute through mediation. If mediation fails to resolve the dispute, they shall resolve the
dispute through binding arbitration. The County and Big Sky Digital Infrastructure shall equally share the cost of
mediation and arbitration. The County and Big Sky Digital Infrastructure shall be responsible for their own attorney
fees for any dispute.

Yellowstone County

Yellowstone County Public Works Department
P.O. Box 35024
Billings, Montana 59107
(406) 256-2735
[email protected]
10/15/26
Monica Plecker
Director Yellowstone County Public Works Department
State of Montana
County of Yellowstone

October

15 , 2026

}
ss.
}

On October , 2026, Monica Plecker, Director of the Yellowstone County Public Works Department, acknowledged
before me that she executed this Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC on
the Use of a Portion of Heiken Road and Buffalo Trail Road in her official capacity on behalf of Yellowstone County.
(NAME)
Notary Public For the State of Montana
Residing at Billings, Montana.
My commission expires (DATE)

(Notarial Seal)

Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 4 of 14

Big Sky Digital Infrastructure LLC

Big Sky Digital Infrastructure LLC
Attn: Adam Davis, Director of Development
1302 North 24th Street West
PMB # 363
Billings, Montana 59102
406-536-4800
[email protected]

Adam Davis
Director of Development
State of Montana
County of Yellowstone

October

, 2026

}
ss.
}

On October , 2026, Adam Davis, Director of Development acknowledged before me that he executed this Agreement
between Yellowstone County and Big Sky Digital Infrastructure LLC on the Use of a Portion of Heiken Road and
Buffalo Trail Road in his official capacity on behalf of Big Sky Digital Infrastructure.
(NAME)
Notary Public for the State of Montana
Residing at Billings, Montana.
My commission expires (DATE)

(Notarial Seal)

Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 5 of 14

Yellowstone County
Board of County Commissioners

Mark Morse, Chair

Michael J. Waters, Member

Chris White, Member

Yellowstone County
Board of County Commissioners

Jeff Martin, Clerk and Recorder

Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 6 of 14

ATTACHMENT 1

Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 7 of 14

ATTACHMENT 2

SECTION 304
CEMENT TREATED PULVERIZED BASE (CTPB)
304.01 DESCRIPTION
This work is producing and placing one or more courses of a mixture of water, cement, and
aggregate or soil on a prepared surface in conformity with the lines, grades, and thicknesses
established in the contract.
304.02 MATERIALS
304.02.1 Cement
Furnish Type I or II Portland cement listed on the QPL, in accordance with Subsection
551.02.1.
304.02.2 Water
Furnish water for mixing and curing in accordance with Subsection 713.01 requirements.
304.02.3 Supplemental Aggregate
Obtain aggregates from sources in accordance with Section 106 requirements to produce
aggregates in accordance with Subsection 701.02.9 requirements.
Stockpile aggregates in accordance with Subsection 303.03.
304.02.4 Pulverization Material Gradation
The in-place material must be processed using a mechanical reclaimer such that material
conforms to the gradation in Table 304-1 and generates a highly homogeneous soil-aggregate
mass prior to cement treatment.
TABLE 304-1
GRADATION OF PULVERIZED MATERIAL
Sieve Size

Percent (%) Passing

3 inch (76 mm)
1.5 inch (37.5 mm)
1 inch (25.5 mm)
No. 4 (4.75 mm)

100
95 – 100
90 - 100
55 - 75

304.02.5 Cure Seal
Emulsified asphalt, Type SS-1h or CSS-1h, conforming to MDT Standard Specifications
Section 402 and 702.
304.02.6 Cover Material
Conform to MDT Section 701.02.8 crushed cover aggregate specifications, ensuring clean,
fine sand or light aggregate free from organic matter.
304.02.7 Composition and Proportioning
Develop and submit a proposed Cement Treated Pulverized Base (CTPB) mix design for
approval. Develop a mix design with cementitious materials content that:
Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 8 of 14

•
•

Ensures a 7-day unconfined compressive strength of 500 – 800 psi in accordance
with MT 216, and
Is a minimum of 4.5% cement by the weight of the dry material (e.g., aggregate and
soil).

Include the following items as part of the mix design submittal:
1. Cement and fly ash certifications.
2. Optimum moisture content and maximum density determined in accordance with
AASHTO T 134.
3. Aggregate gradations determined in accordance with MT 202;
4. Soil-cement losses, moisture changes, and volume changes (swell and shrinkage)
produced by the repeated wetting and drying of hardened soil-cement specimens
determined by AASHTO T 135.
5. Soil-cement losses, moisture changes, and volume changes (swell and shrinkage)
produced by the repeated freezing and thawing of hardened soil-cement specimens
determined by AASHTO T 136. The maximum freeze/thaw weight loss is 14%.
6. 7-Day compressive strength tests determined in accordance with MT 216.
7. Atterberg limits determined in accordance with AASHTO T 89 and AASHTO T 90; and
8. Sand equivalent determined in accordance with AASHTO T 176 alternate method No. 2
using stock solution with formaldehyde.
Acceptance of the mix design will be based on a review of the submitted results for all the
above testing procedures.
Do not construct CTPB until the submitted mix design has been approved.
304.03 CONSTRUCTION REQUIREMENTS
304.03.1 Equipment
The machinery used for pulverization, addition of cement, water distribution, and mixing
must meet the following technical criteria:
• Mechanical Reclaimer: Furnish a self-propelled single-shaft or multiple- shaft
pulverizer mixer machine specifically made for reclamation and capable of
reclaiming the existing material to a minimum depth of 16 inches. The machine shall
be equipped with automatic depth control and maintain a constant cutting depth and
width. It shall be capable of pulverizing and mixing existing asphalt concrete, base
rock and soil, injecting water at controlled rates and mixing cement into the
reclaimed material to produce a homogeneous mixture. All pulverizing and mixing
shall be performed with this machine. Agricultural disks or motor graders are not
acceptable mixing equipment.
• Cement Distributor: Provide a mechanical vane-type spreader or specialized bulk
distributor truck equipped with a digital weight scales tracking system capable of
distributing dry cement within a +/- 0.5% tolerance of the targeted application rate.
• Grading Equipment: Provide grading equipment capable of spreading the
reclaimed material and striking if off to designated lines, grades and transverse
slopes without segregation, dragging or fracturing of aggregate.
• Compaction Equipment: Utilize a combination of heavy padfoot (sheepsfoot)
Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 9 of 14

•

•

vibratory rollers, smooth-drum vibratory rollers, and pneumatic-tired rollers
(minimum 25-ton capacity) to ensure uniform compaction throughout the entire 12inch vertical profile.
Water Trucks: Provide a water truck with a maximum gross vehicle weight of
26,000 pounds to provide water used to keep the surface of the mixed material
damp until the seal coat is applied.
Asphalt Distributor: Provide an asphalt distributor to apply the CTPB cure seal
coat complying with the requirements of Section 410.03.1

304.03.2 Weather Limitations
Do not perform mixing when the ambient temperature is below 40°F or the ground
temperature is below 35°F. Do not perform mixing when the weather forecast for the project
site includes a predicted temperature of 25°F or below for the following night.
Do not incorporate frozen aggregate in the CTPB or pulverize on frozen subgrade.
Do not place or perform mixing when it is raining, or when wind causes the cement dust to
become airborne.
304.03.3 Mixing and Processing
Process the existing base course, and/or add crushed aggregate course, subgrade, and
cementitious material as needed to restore the roadway section to the grade and dimensions
shown in the Contract.
A. Requirements. Use equipment capable of pulverizing and mixing road sections to the
depths shown in the plans. Meet the construction requirements of Section 304 with the
following exceptions:
1. Begin production at the mix design targets for cementitious material and moisture
content. Adjust cementitious material and moisture content as directed by the
Project Manager to get compressive strengths between 400 and 600 psi as tested
in accordance with MT 216. Changes in the amount of cementitious material used
must be approved by the Project Manager.
2. Immediately suspend operations due to detrimental weather conditions (e.g.,
temperature, wind and/or rain).
3. Spread cementitious material uniformly on top of the pulverized surface. The
spreading operation cannot exceed 1000 feet ahead of the pulverizing operation.
4. Perform mixing of cementitious material and pulverized base with pulverizing
equipment.
5. Shape the compacted surface to the specified lines, grades, and cross sections
meeting the requirements of Subsection 105.08.
6. Do not perform any subsequent work on the completed roadway sections until
accepted by the Project Manager.
B. Sequencing.
1. Initial Pulverization: Pre-pulverize the existing asphalt pavement and underlying
base layer to a strict depth of 12 inches across the layout configuration. Crosscheck gradation matching to confirm alignment with Contract.
2. Cement Application: Uniformly spread the dry portland cement over the pulverized
base surface. Do not apply cement when wind speeds exceed 15 mph or when
ambient air temperatures are below 40°F (4°C). The dry cement shall be controlled
Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 10 of 14

within +/-0.50 percent of the target established by the mix design or as directed.
3. Moisture and Final Mixing: Perform a subsequent mixing pass with the mechanical
reclaimer, injecting water through the internal spray bar. Maintain internal moisture
tolerances between 0% and +2% percentage points of the established optimum
moisture content (AASHTO T 134).
Water must be introduced during initial pulverization and final mixing, as needed to
maintain optimum moisture content. Water added after mixing and prior to compaction will not
be allowed. Complete all compaction operations within 3 hours following final mixing.
304.03.4 Compaction and Finishing
Density Requirements: Compact the 12-inch processed layer to a minimum of 98% of the
target maximum dry density determined by field standard target protocols (MDT MT 228 /
AASHTO T 134).
Depth Control: Verify the structural processing depth through test holes or direct core
cross-sections. A variance greater than -0.50 inches from the 12.0-inch design benchmark
requires remediation at no cost to the County.
Finishing: Grade and shape the stabilized surface to match lines, grades, and crosssections specified on the Contract. Cement application, final mixing, compacting, shaping and
finishing shall be continuous and completed within 3 hours from the start of final mixing.
Sections of the CTPB work that have not been completely shaped, compacted and finished
within 3 hours of mixing the pulverized material with cement, shall be re- treated with cement
at a rate directed by the Project Manager, and re-mixed, re-shaped and re-compacted to the
requirements of Section 304.
304.03.5 Curing and Protection
Within 4 hours of final compaction, apply the bituminous curing seal (Type SS-1 or CSS-1)
uniformly at a rate of 0.15 to 0.25 gallons per square yard. Maintain a continuously moist
surface prior to application.
Apply cover material over the curing seal to prevent tracking if traffic must utilize the
surface. Heavy construction equipment and general traffic must be restricted from the finished
base for a minimum of 7 days, or until the minimum 500 psi unconfined compressive strength
is structurally achieved
Failure to comply with any of the above specifications is cause for the Project Manager to
order any or all portions of the Work to stop until the Work is brought into compliance or to
repeat the treatment of the material at no additional cost to the County.
304.03.6 Testing and Acceptance of CTPB
The pulverized mixture material will be divided into 1,500-foot-long sections. The in-place
dry density will be determined within each section at 10 randomly selected locations. The
average of the 10 tests must exceed 98% of the target density with no more than 2 out of the
10 tests being less than 98% of the target density.
Contractor is responsible for controlling compaction and all necessary quality control
testing.
Notify the Project Manager when compaction is complete on a section so it can be tested.
Compaction and testing will continue until the section meets density requirements, or until
the 3-hour work window has been exceeded.
Samples for determining the compressive strength will be determined in accordance with
Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 11 of 14

MT 201. Test method MT 216 will be used to mold cylinders for strength testing.
The approximate quantity represented by each sample is 1,000 yd3. Additional samples
may be taken and tested.
The compressive strength tests will be conducted at 7 days and the material represented
will be accepted or rejected. Any corrective action is at Contractor expense.
The Contractor may make additional cylinders to determine strength gain and to maintain
quality control.

Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 12 of 14

ATTACHMENT 3

Waiver of Right to Protest
FOR VALUABLE CONSIDERATION, the undersigned, being the Owner, and all of the
owners of the hereinafter described real property, do hereby waive the right to protest the formation
of one or more Rural Special Improvement Districts (RSID’s), which Yellowstone County may
require for future construction improvements or maintenance of Heiken Road and Buffalo Trail
Road.
This Waiver and Agreement is independent from all other agreements and is supported by
sufficient independent consideration to which the undersigned are parties and shall run with the
land and shall be binding upon the undersigned, their successors and assigns, and the same shall
be recorded in the office of the County Clerk and Recorder of Yellowstone County, Montana.
The real property hereinabove mentioned is more particularly described as follows:
S02, T03 N, R23 E, LOTS 3, 4 & S2NW (LESS RY, HWY & C/S 1028)
S02, T03 N, R23 E, C.O.S. 1403, PARCEL 1
S03, T03 N, R23 E, ALL (LESS COS 1029) & TR 1 COS 1029
S04, T03 N, R23 E, LOTS 1 & 2 & S2NE
S04, T03 N, R23 E, LTS 3, 4 & S2NW4
S04, T03 N, R23 E, SE4
S09, T03 N, R23 E, ALL
S10, T03 N, R23 E, N2 & SW4
S10, T03 N, R23 E, SE4
S11, T03 N, R23 E, ALL
S12, T03 N, R23 E, NW4 W OF RY & HWY
S12, T03 N, R23 E, SW4
S27, T04 N, R23 E, SW4 & SWNW W OF RY
S28, T04 N, R23 E, SE4, E1/2NW4, NE4 W of RY
S33, T04 N, R23 E, E2
S33, T04 N, R23 E, W2
S34, T04 N, R23 E, C.O.S. 3821, PARCEL 2, (23)
S34, T04 N, R23 E, C.O.S. 3821, PARCEL 1, (23)
S34, T04 N, R23 E, C.O.S. 3821, PARCEL 3, (23)
S35, T04 N, R23 E, FRAC W2SW4 & W OF RY & HWY

Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 13 of 14

Signed and dated this

day of

, 20

.

Owner

STATE OF MONTANA
County of Yellowstone

)
: ss
)

Name, Title

On this
day of
, 20 , before me, a Notary Public in and for the
State of Montana, personally appeared
, the person who
executed the forgoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEROF, I have hereunto set my hand and affixed my Notarial Seal the
day and year hereinabove written.
Notary Public in and for the State of Montana
Printed name:
Residing in Billings, Montana
My commission expires:

Agreement between Yellowstone County and Big Sky Digital Infrastructure LLC
on the Use of a Portion of Heiken Road and Buffalo Trail Road
Page 14 of 14

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
MOU
Submitted By: Carol Redler
TOPIC:
2026 Byrne Justice Assistance Grant (JAG)

BACKGROUND:
Yellowstone County will receive $22,538.00 from City of Billings for 2026 JAG funding.
RECOMMENDED ACTION:
Approve and sign.

Attachments
2026 JAG

THE STATE OF MONTANA, COUNTY OF YELLOWSTONE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BILLINGS, AND YELLOWSTONE COUNTY
2026 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
$164,444 O-BJA-2026-172705

This Memorandum of Understanding (MOU) is made and entered into this
day of
, 2026,
between the City of Billings (CITY) acting through its Mayor, and Yellowstone County (COUNTY) acting through
its Chairman of the Board of County Commissioners.
WHEREAS, the CITY and the COUNTY filed a joint application for the 2026 Byrne Justice Assistance Grant
Program Award (JAG), with the CITY serving as applicant/fiscal agent for the JAG funds;
WHEREAS, JAG awarded the CITY a total of $164,444 in JAG funds;
WHEREAS, the CITY and the COUNTY believe it to be in their best interests and the best interests of the public,
and in accordance with the joint application, to distribute $22,538 of the JAG funds to the COUNTY so as to
continue to qualify for future JAG awards and in order to maximize the benefit from this 2026 JAG award.
NOW THEREFORE, the CITY and COUNTY agree as follows:
1. The purpose of this MOU is to memorialize the understanding between the CITY and COUNTY to share the

proceeds of the $164,444 JAG award, with the CITY receiving $141,906 of the JAG funds and COUNTY receiving
$22,538 of the JAG funds. The CITY shall distribute $22,538 of the JAG funds to the COUNTY upon the CITY’s
receipt of the full amount of JAG funds.
2. This MOU shall commence on the date the Justice Assistance Grant (JAG) is funded by the U.S. Department

of Justice, and the JAG funds are received by the CITY, and it shall terminate on September 30, 2029, unless
the parties mutually agree, in writing, to an earlier termination date. CITY agrees to distribute to the COUNTY a
total of $22,538 of JAG funds. The COUNTY agrees to use $22,538 for the program between the date of this
agreement and September 30, 2029, the last day on which these funds may be spent, according the terms of
the JAG Grant award and conditions.
3. This MOU does not create any legal, financial, or other obligations on either party. Nothing in the performance

of this MOU shall impose any liability for claims against the CITY or COUNTY. Each party to this agreement will
be responsible for its own actions under this MOU, and shall not be liable for any civil liability that may arise from
the actions of the other party under this MOU. The parties agree to inform each other of any claims or complaints
for damage received because of this MOU.
4. The parties to this MOU do not intend for any third party to obtain a right by virtue of this MOU. No separate

legal entity shall be created by this MOU.
5. The accounting for JAG funds received by each of the local governing bodies shall be done by the City of

Billings Finance Department and the County of Yellowstone Sheriff’s Office, respectively. The City of Billings
Financial Services Manager shall administer the disbursement of JAG proceeds in cooperation with the County
of Yellowstone Sheriff’s Office. No personnel costs will be funded from these proceeds by either party.
6. If all JAG funds are not distributed to the CITY, this MOU will immediately terminate. If only a portion of the

JAG funds are distributed, the CITY will notify the COUNTY of the total amount that was provided and the parties
will discuss a distribution of some of the funds to the COUNTY.
7. Either party may terminate this MOU by giving a thirty-day written notice to the other party. Notice to the CITY

will be sent to the mayor. Notice to the COUNTY will be sent to the commission chair.

Page 1 of 2

City of Billings, Montana

County of Yellowstone

/s/ Mike Nelson, Mayor

/s/ Mark Morse, Chairman
Yellowstone County Commissioners

APPROVED AS TO FORM:

/s/ Daniela E. Pavuk
City Attorney’s Office

/s/ Scott Twito
Yellowstone County Attorney’s Office

Page 2 of 2

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Resolution 26-117 - Detention Sergeant Attendance Incentive Plan
Submitted By: Erika Guy
TOPIC:
Resolution 26-117 - Detention Sergeant Attendance Incentive Plan
BACKGROUND:
See Attached
RECOMMENDED ACTION:
Approve or Deny

Attachments
26-117

6. a.

B.O.C.C. Regular
Meeting Date: 10/20/2026

6. b.

Title:
PERSONNEL ACTION REPORTS
Submitted By: Erika Guy
TOPIC:
PERSONNEL ACTION REPORTS - Detention Facility - 2 Appointments & 2 Terminations; Motor
Vehicle - 1 Appointment; Youth Services Center - 1 Appointment; County Attorney - 1 Termination;
MetraPark - 1 Salary & Other

BACKGROUND:
See Attached
RECOMMENDED ACTION:
Approve

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Payroll Audit from August 16 - August 31, 2026
Submitted By: Erika Guy
TOPIC:
Payroll Audit from August 16 - August 31, 2026
BACKGROUND:
See Attached
RECOMMENDED ACTION:
File

Attachments
Payroll Audit

1. a.

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Payroll Audit from September 1 - September 15, 2026
Submitted By: Erika Guy
TOPIC:
Payroll Audit from September 1 - September 15, 2026
BACKGROUND:
See Attached
RECOMMENDED ACTION:
File

Attachments
Payroll Audit

1. b.

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Payroll Audit from September 16 - September 30, 2026
Submitted By: Erika Guy
TOPIC:
Payroll Audit from September 16 - September 30, 2026

BACKGROUND:
See Attached
RECOMMENDED ACTION:
File

Attachments
Payroll Audit

1. c.

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Response to Audit Findings - September 8, 2026
Submitted By: Charri Victory
TOPIC:
August 16 through 31 Payroll Audit
BACKGROUND:
na
RECOMMENDED ACTION:
na

Attachments
Response to Audit Findings - September 8, 2026

2. a.

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Response to Audit Findings - September 22, 2026
Submitted By: Charri Victory
TOPIC:
September 1 through 15 Payroll Audit
BACKGROUND:
na
RECOMMENDED ACTION:
na

Attachments
Response to Audit Findings - September 22, 2026

2. b.

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Response to Audit Findings - October 7, 2026
Submitted By: Charri Victory
TOPIC:
September 16 through 30 Payroll Audit

BACKGROUND:
na
RECOMMENDED ACTION:
na

Attachments
Response to Audit Findings - October 7, 2026

2. c.

B.O.C.C. Regular
Meeting Date: 10/20/2026
Title:
Contract with Billings Construction Supply
Submitted For: Monica Plecker, Public Works Director
Submitted By: Trasee Field, Senior Secretary
TOPIC:
Contract with Billings Construction Supply

BACKGROUND:
Contract with Billings Construction Supply for signage upgrades to RSID 861.
RECOMMENDED ACTION:
File

Attachments
Contract

10/09/2026

JD Anderson

Digitally signed by JD Anderson
DN: C=US,
[email protected], CN=JD
Anderson
Date: 2026.10.09 08:07:42-06'00'

KERNINC-02

AGUDELLI3
DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

10/9/2026

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).
CONTACT Hallie Belcourt
PRODUCER License # 979004
NAME:
PHONE
FAX
(A/C, No, Ext): (406) 371-8432
(A/C, No): (406) 652-7838
E-MAIL
ADDRESS: [email protected]

HUB International Mountain States Limited
3545 Gabel Road
Unit 3
Billings, MT 59102

INSURER(S) AFFORDING COVERAGE

NAIC #

INSURER A : Cincinnati Insurance Company

10677

INSURER B : Montana State Fund

INSURED

INSURER C : Starstone Specialty Insurance Company

Kernow Inc. dba Billings Construction Supply
5514 King Ave. E
Billings, MT 59101-4641

44776

INSURER D :
INSURER E :
INSURER F :

COVERAGES

CERTIFICATE NUMBER:

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

A

ADDL SUBR
INSD WVD

TYPE OF INSURANCE

X

POLICY NUMBER

POLICY EFF
POLICY EXP
(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE

X

OCCUR

X

X EPP0767053

1/2/2026

4/10/2027

GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X PROLOC
JECT

LIMITS

EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)

$

MED EXP (Any one person)

$

PERSONAL & ADV INJURY

$

GENERAL AGGREGATE

$

PRODUCTS - COMP/OP AGG

$

OTHER:

A

$

AUTOMOBILE LIABILITY

X

$

1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000

ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY

SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY

UMBRELLA LIAB

X

X

X EPP0767053

1/2/2026

4/10/2027

COMBINED SINGLE LIMIT
(Ea accident)

$

BODILY INJURY (Per person)

$

1,000,000

BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident)
$
$

A

X

EXCESS LIAB

DED

B

X

RETENTION $

OCCUR

EPP0767053

CLAIMS-MADE

1/2/2026

4/10/2027

EACH OCCURRENCE

$

AGGREGATE

$

10,000

WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below

$

X
Y/N

Y

1,000,000
1,000,000

N/A

X 036160733

4/10/2026

4/10/2027

PER
STATUTE

OTHER

E.L. EACH ACCIDENT

$

E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT

A Equipment Floater
C Commercial Umbrella

EPP0767053

1/2/2026

CSX90989054P

1/2/2026

4/10/2027 Lease/Rented Equip
4/10/2027 Aggregate

$

1,000,000
1,000,000
1,000,000
75,000
4,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

RE: Traffic Control Signage in Sundance Sub (RSID 861M-Signage).
For General Liability, the following forms apply:
GA472 05/09
CG001 04/13
GA233 06/23
CG2503 05/09
SEE ATTACHED ACORD 101

CERTIFICATE HOLDER

CANCELLATION

Yellowstone County
2825 3rd Avenue North, Room 600
Billings, MT 59101

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD

AGENCY CUSTOMER ID: KERNINC-02

AGUDELLI3

LOC #: 1

ADDITIONAL REMARKS SCHEDULE
AGENCY

HUB International Mountain States Limited
POLICY NUMBER

Page

1

of

1

License # 979004 NAMED INSURED
Kernow Inc. dba Billings Construction Supply
5514 King Ave. E
Billings, MT 59101-4641

SEE PAGE 1
CARRIER

NAIC CODE

SEE PAGE 1

SEE P 1

EFFECTIVE DATE:

SEE PAGE 1

ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25

FORM TITLE: Certificate of Liability Insurance

Description of Operations/Locations/Vehicles:
For Auto, the following forms apply:
AA288 01/24
For Work Comp, the following forms apply:
NC300 Rev 4/2023

ACORD 101 (2008/01)

© 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS
AND AUTOMATIC WAIVER OF SUBROGATION
WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT,
PERMIT OR AUTHORIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Additional Insured - Owners, Lessees Or
Contractors - Automatic Status For Other
Parties When Required In Written Contract
Or Agreement With You
1.

cluded in the "products-completed
operations hazard", but only if:

(1) The Coverage Part to which this

endorsement is attached provides coverage for "bodily injury"
or "property damage" included
within the "products-completed
operations hazard"; and

Section II - Who Is An Insured is

amended to include as an additional insured any person or organization you
have agreed in writing in a contract or
agreement to add as an additional insured on this Coverage Part. Such person(s) or organization(s) is an additional
insured only with respect to liability for:

a.

(2) The written contract or written

agreement requires you to provide additional insured coverage
included within the "productscompleted operations hazard"
for that person or organization.

"Bodily injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by the
performance of your ongoing operations by you or on your behalf, under
that written contract or written
agreement. Ongoing operations does
not apply to "bodily injury" or "property damage" occurring after:

If the written contract or written
agreement requires you to provide
additional insured coverage included
within the "products-completed operations hazard" for a specified length
of time for that person or organization, the "bodily injury" or "property
damage" must occur prior to the expiration of that period of time in order
for this insurance to apply.

(1) All work, including materials,

parts or equipment furnished in
connection with such work, on
the project (other than service,
maintenance or repairs) to be
performed by or on behalf of the
additional insured(s) at the location of the covered operations
has been completed; or

If the written contract or written
agreement requires you to provide
additional insured coverage for a
person or organization per only ISO
additional insured endorsement form
number CG 20 10, without specifying
an edition date, and without specifically requiring additional insured
coverage included within the “products-completed operations hazard”,
this Paragraph b. does not apply to
that person or organization.

(2) That portion of "your work" out of

which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor or subcontractor engaged in
performing operations for a principal as a part of the same project; and

b.

"Bodily injury" or "property damage"
caused, in whole or in part, by "your
work" performed under that written
contract or written agreement and in-

GA 472 05 20

2.

If the written contract or written agreement described in Paragraph 1. above
specifically requires you to provide additional insured coverage to that person or
organization:

a.

Arising out of your ongoing operations or arising out of "your work"; or

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 1 of 3

b.

By way of an edition of an ISO additional insured endorsement that includes arising out of your ongoing
operations or arising out of "your
work";

2.

This insurance does not apply to:

then the phrase caused, in whole or in
part, b y in Paragraph A.1.a. and/or Paragraph A.1.b. above, whichever applies, is
replaced by the phrase arising out of.

3.

With respect to the insurance afforded to
the additional insureds described in Paragraph A.1., the following additional exclusion applies:
This insurance does not apply to "bodily
injury", "property damage" or "personal
and advertising injury" arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:

a.

The preparing, approving or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or

b.

Supervisory, inspection, architectural
or engineering activities.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring, employment, training or monitoring of
others by that insured, if the "occurrence"
which caused the "bodily injury" or "property damage", or the offense which
caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.

4.

This Paragraph A. does not apply to additional insureds described in Paragraph B.

GA 472 05 20

"Bodily injury", "property damage" or
"personal and advertising injury" arising out of operations performed for
the federal government, state or municipality; or

b.

"Bodily injury" or "property damage"
included within
the
"productscompleted operations hazard."

1.

Only applies to the extent permitted by
law; and

2.

Will not be broader than that which you
are required by the written contract, written agreement, written permit or written
authorization to provide for such additional insured; and

3.

Does not apply to any person, organization, state, governmental agency or subdivision or political subdivision specifically
named as an additional insured for the
same project in the schedule of an endorsement added to this Coverage Part.

D. With respect to the insurance afforded to the

additional insureds described in Paragraphs
A. and B., the following is added to Section III
- Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:

1.

Required by the written contract, written
agreement, written permit or written authorization described in Paragraphs A.
and B. For the purpose of determining the
required amount of insurance only, we will
include the minimum amount of any Umbrella Liability or Excess Liability coverage required for that additional insured in
that written contract, written agreement,
written permit or written authorization; or

2.

Available under the applicable limits of insurance;

Section II - Who Is An Insured is
amended to include as an additional insured any state or governmental agency
or subdivision or political subdivision you
have agreed in writing in a permit or authorization to add as an additional insured
on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured
only with respect to operations performed
by you or on your behalf for which the
state or governmental agency or subdivision or political subdivision has issued, in
writing, a permit or authorization.

a.

C. The insurance afforded to additional insureds
described in Paragraphs A. and B.:

B. Additional Insured - State Or Governmental
Agency Or Subdivision Or Political Subdivision - Automatic Status When Required
In Written Permits Or Authorizations
1.

With respect to the insurance afforded to
the additional insureds described in Paragraph B.1., the following additional exclusions apply:

whichever is less.
This endorsement shall not increase the applicable limits of insurance.

E. Section IV - Commercial General Liability
Conditions is amended to add the following:
Automatic Additional Insured Provision

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 2 of 3

scribed in Paragraph A. or B. that this insurance would be primary to any other insurance available to the additional insured.

This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed:

F.

1.

During the policy period; and

2.

Subsequent to your execution of the written contract or written agreement, or the
issuance of a written permit or written authorization, described in Paragraphs A.
and B.

Except when G. below applies, the following is
added to Section IV - Commercial General
Liability Conditions, Other Insurance, and
supersedes any provision to the contrary:

When Other Additional Insured Coverage
Applies On An Excess Basis
This insurance is primary to other insurance
available to the additional insured described in
Paragraphs A. and B. except:

1.

2.

As used in this endorsement, wrap-up insurance means a centralized insurance program
under which one party has secured either insurance or self-insurance covering some or all
of the contractors or subcontractors performing work on one or more specific project(s).

Primary And Noncontributory Insurance
When Required By Written Contract,
Agreement, Permit Or Authorization
Except when wrap-up insurance applies to the
claim or "suit" on behalf of the additional insured, this insurance is primary to and will not
seek contribution from any other insurance
available to the additional insured described in
Paragraphs A. and B. provided that:

1.

The additional insured is a Named Insured under such other insurance; and

2.

You have agreed in writing in a contract,
agreement, permit or authorization described in Paragraph A. or B. that this insurance would be primary and would not
seek contribution from any other insurance available to the additional insured.

As otherwise provided in Section IV -

Commercial General Liability Conditions, Other Insurance, b. Excess Insurance; or

For any other valid and collectible insurance available to the additional insured as
an additional insured on another insurance policy that is written on an excess
basis. In such case, this insurance is also
excess.

G. The following is added to Section IV - Commercial General Liability Conditions, Other
Insurance, and supersedes any provision to
the contrary:

Primary Insurance When Required By Written Contract, Agreement, Permit Or Authorization
Except when wrap-up insurance applies to the
claim or "suit" on behalf of the additional insured, this insurance is primary to any other
insurance available to the additional insured
described in Paragraphs A. and B. provided
that:

1.

The additional insured is a Named Insured under such other insurance; and

2.

You have agreed in writing in a contract,
agreement, permit or authorization de-

GA 472 05 20

As used in this endorsement, wrap-up insurance means a centralized insurance program
under which one party has secured either insurance or self-insurance covering some or all
of the contractors or subcontractors performing work on one or more specific project(s).

H. Section IV - Commercial General Liability
Conditions, Transfer Of Rights Of Recovery Against Others To Us is amended by the
addition of the following:

Waiver of Subrogation
We waive any right of recovery against any
additional insured under this endorsement,
because of any payment we make under this
endorsement, to whom the insured has
waived its right of recovery in a written contract, written agreement, written permit or written authorization. Such waiver by us applies
only to the extent that the insured has waived
its right of recovery against such additional insured prior to loss.

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 3 of 3

COMMERCIAL GENERAL LIABILITY
CG 00 01 04 13

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
(1) The

Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.

"bodily injury" or "property
damage" is caused by an "occurrence"
that takes place in the "coverage
territory";

Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or organization
qualifying as a Named Insured under this policy.
The words "we", "us" and "our" refer to the company
providing this insurance.

(2) The

"bodily injury" or "property
damage" occurs during the policy
period; and

(3) Prior to the policy period, no insured
listed under Paragraph 1. of Section II

The word "insured" means any person or
organization qualifying as such under Section II Who Is An Insured.

- Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence" or
claim, knew that the "bodily injury" or
"property damage" had occurred, in
whole or in part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage"
occurred,
then
any
continuation, change or resumption of
such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.

Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V Definitions.

SECTION I - COVERAGES
COVERAGE A - BODILY INJURY
PROPERTY DAMAGE LIABILITY
1.

AND

Insuring Agreement
a.

We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury" or
"property damage" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury" or "property damage" to which this
insurance does not apply. We may, at our
discretion, investigate any "occurrence"
and settle any claim or "suit" that may
result. But:

(1) The amount we will pay for damages
is limited as described in Section III Limits Of Insurance; and

(2) Our right and duty to defend ends
when we have used up the applicable
limit of insurance in the payment of
judgments or settlements under
Coverages A or B or medical
expenses under Coverage C.

No other obligation or liability to pay sums
or perform acts or services is covered
unless explicitly provided for under
Supplementary Payments - Coverages A
and B.

b.

This insurance applies to "bodily injury"
and "property damage" only if:

CG 00 01 04 13

c.

"Bodily injury" or "property damage" which
occurs during the policy period and was
not, prior to the policy period, known to
have occurred by any insured listed under
Paragraph 1. of Section II - Who Is An
Insured or any "employee" authorized by
you to give or receive notice of an
"occurrence" or claim, includes any
continuation, change or resumption of that
"bodily injury" or "property damage" after
the end of the policy period.

d.

"Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of
Section II - Who Is An Insured or any
"employee" authorized by you to give or
receive notice of an "occurrence" or claim:

(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the
"bodily injury" or "property damage"; or

(3) Becomes aware by any other means
that "bodily injury" or "property
damage" has occurred or has begun
to occur.

© Insurance Services Office, Inc., 2012

Page 1 of 17

e.

2.

(2) The furnishing of alcoholic beverages

Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".

to a person under the legal drinking
age or under the influence of alcohol;
or

(3) Any statute, ordinance or regulation

Exclusions

relating to the sale, gift, distribution or
use of alcoholic beverages.

This insurance does not apply to:

a.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:

Expected Or Intended Injury
"Bodily injury" or "property damage"
expected or intended from the standpoint
of the insured. This exclusion does not
apply to "bodily injury" resulting from the
use of reasonable force to protect persons
or property.

b.

(a) The

supervision,
hiring,
employment,
training
or
monitoring of others by that
insured; or

(b) Providing or failing to provide

Contractual Liability

transportation with respect to any
person that may be under the
influence of alcohol;

"Bodily injury" or "property damage" for
which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages:

if the "occurrence" which caused the
"bodily injury" or "property damage",
involved that which is described in
Paragraph (1), (2) or (3) above.

(1) That the insured would have in the

However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of
this exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered
the business of selling, serving or
furnishing alcoholic beverages.

absence of the contract or agreement;
or

(2) Assumed in a contract or agreement

that is an "insured contract", provided
the "bodily injury" or "property
damage" occurs subsequent to the
execution
of
the
contract
or
agreement. Solely for the purposes of
liability assumed in an "insured
contract", reasonable attorneys' fees
and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:

d.

Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or any
similar law.

(a) Liability to such party for, or for

the cost of, that party's defense
has also been assumed in the
same "insured contract"; and

(b) Such attorneys' fees and litigation

expenses are for defense of that
party against a civil or alternative
dispute resolution proceeding in
which damages to which this
insurance applies are alleged.

c.

Workers' Compensation And Similar
Laws

e.

Employer's Liability
"Bodily injury" to:

(1) An "employee" of the insured arising
out of and in the course of:

(a) Employment by the insured; or
(b) Performing duties related to the

conduct of the insured's business;
or

Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:

(2) The spouse, child, parent, brother or

(1) Causing

This exclusion applies whether the insured
may be liable as an employer or in any
other capacity and to any obligation to
share damages with or repay someone

or contributing
intoxication of any person;

CG 00 01 04 13

to

the

sister of that "employee" as a
consequence of Paragraph (1) above.

© Insurance Services Office, Inc., 2012

Page 2 of 17

f.

else who must pay damages because of
the injury.

treated, disposed of, or processed
as waste by or for:

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".

(i) Any insured; or
(ii) Any person or organization

for whom you may be legally
responsible; or

Pollution
(1) "Bodily injury" or "property damage"

arising out of the actual, alleged or
threatened
discharge,
dispersal,
seepage, migration, release or escape
of "pollutants":

(d) At or from any premises, site or

(a) At or from any premises, site or

location which is or was at any
time owned or occupied by, or
rented or loaned to, any insured.
However, this subparagraph does
not apply to:

location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any
insured's
behalf
are
performing operations if the
"pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor.
However,
this
subparagraph does not apply to:

(i) "Bodily injury" if sustained

(i) "Bodily injury" or "property

within a building and caused
by smoke, fumes, vapor or
soot
produced
by
or
originating from equipment
that is used to heat, cool or
dehumidify the building, or
equipment that is used to
heat water for personal use,
by the building's occupants or
their guests;

damage" arising out of the
escape of fuels, lubricants or
other operating fluids which
are needed to perform the
normal electrical, hydraulic or
mechanical
functions
necessary for the operation
of "mobile equipment" or its
parts, if such fuels, lubricants
or other operating fluids
escape from a vehicle part
designed to hold, store or
receive them. This exception
does not apply if the "bodily
injury" or "property damage"
arises out of the intentional
discharge,
dispersal
or
release
of
the
fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
released as part of the
operations being performed
by such insured, contractor or
subcontractor;

(ii) "Bodily injury" or "property

damage" for which you may
be held liable, if you are a
contractor and the owner or
lessee of such premises, site
or location has been added to
your policy as an additional
insured with respect to your
ongoing
operations
performed for that additional
insured at that premises, site
or
location
and
such
premises, site or location is
not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured;
or

(iii) "Bodily injury" or "property

damage" arising out of heat,
smoke or fumes from a
"hostile fire";

(ii) "Bodily injury" or "property

location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;

damage" sustained within a
building and caused by the
release of gases, fumes or
vapors
from
materials
brought into that building in
connection with operations
being performed by you or on
your behalf by a contractor or
subcontractor; or

(c) Which are or were at any time

(iii) "Bodily injury" or "property

(b) At or from any premises, site or

transported,

CG 00 01 04 13

handled,

stored,

© Insurance Services Office, Inc., 2012

damage" arising out of heat,

Page 3 of 17

smoke or fumes from
"hostile fire".

a

owned or operated by or rented or loaned
to any insured.

(e) At or from any premises, site or

This exclusion does not apply to:

location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any
insured's
behalf
are
performing operations if the
operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any
way respond to, or assess the
effects of, "pollutants".

(1) A watercraft while ashore on premises
you own or rent;

(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons
or property for a charge;

(3) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;

(2) Any loss, cost or expense arising out
of any:

(a) Request,

demand, order or
statutory
or
regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond
to, or assess the effects of,
"pollutants"; or

(4) Liability assumed under any "insured

contract"
for
the
ownership,
maintenance or use of aircraft or
watercraft; or

(5) "Bodily injury" or "property damage"
arising out of:

(a) The operation of machinery or

(b) Claim or suit by or on behalf of a

equipment that is attached to, or
part of, a land vehicle that would
qualify under the definition of
"mobile equipment" if it were not
subject to a compulsory or
financial responsibility law or
other motor vehicle insurance law
where it is licensed or principally
garaged; or

governmental
authority
for
damages because of testing for,
monitoring,
cleaning
up,
removing, containing, treating,
detoxifying or neutralizing, or in
any way responding to, or
assessing
the
effects
of,
"pollutants".

However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.

g.

(b) The operation of any of the

machinery or equipment listed in
Paragraph f.(2) or f.(3) of the
definition of "mobile equipment".

h.

"Bodily injury" or "property damage" arising
out of:

Aircraft, Auto Or Watercraft

(1) The

transportation
of
"mobile
equipment" by an "auto" owned or
operated by or rented or loaned to any
insured; or

"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or
rented or loaned to any insured. Use
includes operation and "loading or
unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of
others by that insured, if the "occurrence"
which caused the "bodily injury" or
"property damage" involved the ownership,
maintenance, use or entrustment to others
of any aircraft, "auto" or watercraft that is

CG 00 01 04 13

Mobile Equipment

(2) The use of "mobile equipment" in, or

while in practice for, or while being
prepared for, any prearranged racing,
speed, demolition, or stunting activity.

i.

War
"Bodily injury" or "property damage",
however caused, arising, directly or
indirectly, out of:

(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering
defending against an actual

© Insurance Services Office, Inc., 2012

or
or

Page 4 of 17

Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products-completed operations hazard".

expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or

(3) Insurrection,

rebellion,
revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.

j.

k.

"Property damage" to "your
arising out of it or any part of it.

l.

Damage To Property
(1) Property you own, rent, or occupy,

Damage To Your Work

This exclusion does not apply if the
damaged work or the work out of which the
damage arises was performed on your
behalf by a subcontractor.

m. Damage To Impaired Property
Property Not Physically Injured

Or

"Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:

(2) Premises you sell, give away or

abandon, if the "property damage"
arises out of any part of those
premises;

(1) A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work"; or

(3) Property loaned to you;
(4) Personal property in the care, custody

(2) A delay or failure by you or anyone

or control of the insured;

acting on your behalf to perform a
contract or agreement in accordance
with its terms.

(5) That particular part of real property on

which you or any contractors or
subcontractors working directly or
indirectly
on
your
behalf are
performing operations, if the "property
damage"
arises out
of
those
operations; or

(6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.

This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
product" or "your work" after it has been
put to its intended use.

n.

(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.

Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:

Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of
seven or fewer consecutive days. A
separate limit of insurance applies to
Damage To Premises Rented To You as
described in Section III - Limits Of
Insurance.

CG 00 01 04 13

product"

"Property damage" to "your work" arising
out of it or any part of it and included in the
"products-completed operations hazard".

"Property damage" to:
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement,
enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;

Damage To Your Product

o.

Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".

© Insurance Services Office, Inc., 2012

Page 5 of 17

p.

Electronic Data

damages because of "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "personal
and advertising injury" to which this
insurance does not apply. We may, at our
discretion, investigate any offense and
settle any claim or "suit" that may result.
But:

Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability to
access, or inability to manipulate electronic
data.
However, this exclusion does not apply to
liability for damages because of "bodily
injury".
As used in this exclusion, electronic data
means information, facts or programs
stored as or on, created or used on, or
transmitted to or from computer software,
including
systems
and
applications
software, hard or floppy disks, CD-ROMs,
tapes, drives, cells, data processing
devices or any other media which are used
with electronically controlled equipment.

q.

(1) The amount we will pay for damages
is limited as described in Section III Limits Of Insurance; and

(2) Our right and duty to defend end when

we have used up the applicable limit of
insurance in the payment of judgments
or settlements under Coverages A or
B or medical expenses under
Coverage C.

Recording And Distribution Of Material
Or Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:

No other obligation or liability to pay sums
or perform acts or services is covered
unless explicitly provided for under
Supplementary Payments - Coverages A
and B.

(1) The Telephone Consumer Protection

Act (TCPA), including any amendment
of or addition to such law;

b.

(2) The CAN-SPAM Act of 2003, including

any amendment of or addition to such
law;

(3) The Fair Credit Reporting Act (FCRA),
and any amendment of or addition to
such law, including the Fair and
Accurate Credit Transactions Act
(FACTA); or

2.

Exclusions
This insurance does not apply to:

a.

1.

ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or
FCRA and their amendments and
additions, that addresses, prohibits, or
limits the printing, dissemination,
disposal,
collecting,
recording,
sending, transmitting, communicating
or
distribution
of
material
or
information.

b.

Exclusions c. through n. do not apply to
damage by fire to premises while rented to you
or temporarily occupied by you with permission
of the owner. A separate limit of insurance
applies to this coverage as described in Section
III - Limits Of Insurance.

c.

Insuring Agreement
a.

Knowing Violation Of Rights Of Another
"Personal and advertising injury" caused by
or at the direction of the insured with the
knowledge that the act would violate the
rights of another and would inflict "personal
and advertising injury".

(4) Any federal, state or local statute,

COVERAGE B - PERSONAL AND ADVERTISING
INJURY LIABILITY

This insurance applies to "personal and
advertising injury" caused by an offense
arising out of your business but only if the
offense was committed in the "coverage
territory" during the policy period.

Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising
out of oral or written publication, in any
manner, of material, if done by or at the
direction of the insured with knowledge of
its falsity.

Material Published Prior To Policy
Period
"Personal and advertising injury" arising
out of oral or written publication, in any
manner, of material whose first publication
took place before the beginning of the
policy period.

We will pay those sums that the insured
becomes legally obligated to pay as

CG 00 01 04 13

© Insurance Services Office, Inc., 2012

Page 6 of 17

d.

Criminal Acts

However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of "personal
and
advertising
injury"
under
the
Definitions section.

"Personal and advertising injury" arising
out of a criminal act committed by or at the
direction of the insured.

e.

"Personal and advertising injury" for which
the insured has assumed liability in a
contract or agreement. This exclusion does
not apply to liability for damages that the
insured would have in the absence of the
contract or agreement.

f.

k.

Breach Of Contract
"Personal and advertising injury" arising
out of a breach of contract, except an
implied contract
to
use
another's
advertising idea in your "advertisement".

g.

For the purposes of this exclusion, the
placing of frames, borders or links, or
advertising, for you or others anywhere on
the Internet, is not by itself, considered the
business of advertising, broadcasting,
publishing or telecasting.

Contractual Liability

l.

Quality Or Performance Of Goods Failure To Conform To Statements

Unauthorized Use Of Another's Name Or
Product

"Personal and advertising injury" arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of "pollutants" at any
time.

Patent,

n.

Pollution-related
Any loss, cost or expense arising out of
any:

"Personal and advertising injury" arising
out of the infringement of copyright, patent,
trademark, trade secret or other intellectual
property rights. Under this exclusion, such
other intellectual property rights do not
include the use of another's advertising
idea in your "advertisement".

(1) Request, demand, order or statutory or
regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or

However, this exclusion does not apply to
infringement, in your "advertisement", of
copyright, trade dress or slogan.

j.

(2) Claim or suit by or on behalf of a

governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, "pollutants".

Insureds In Media And Internet Type
Businesses
"Personal
and
advertising
injury"
committed by an insured whose business
is:

(1) Advertising, broadcasting, publishing
or telecasting;

(2) Designing or determining content of
web sites for others; or

(3) An Internet search, access, content or
service provider.

CG 00 01 04 13

Bulletin

m. Pollution

Wrong Description Of Prices

Infringement Of Copyright,
Trademark Or Trade Secret

Or

"Personal and advertising injury" arising
out of the unauthorized use of another's
name or product in your e-mail address,
domain name or metatag, or any other
similar tactics to mislead another's
potential customers.

"Personal and advertising injury" arising
out of the wrong description of the price of
goods, products or services stated in your
"advertisement".

i.

Chatrooms

"Personal and advertising injury" arising
out of an electronic chatroom or bulletin
board the insured hosts, owns, or over
which the insured exercises control.

"Personal and advertising injury" arising
out of the failure of goods, products or
services to conform with any statement of
quality or performance made in your
"advertisement".

h.

Electronic
Boards

o.

War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering
defending against an actual

© Insurance Services Office, Inc., 2012

or
or

Page 7 of 17

expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or

physicians of our choice as often
as we reasonably require.

b.

(3) Insurrection,

rebellion,
revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.

p.

(1) First aid administered at the time of an

Recording And Distribution Of Material
Or Information In Violation Of Law

accident;

(2) Necessary medical, surgical, X-ray

"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:

and
dental
services,
prosthetic devices; and

(3) Necessary

professional
services.

(1) The Telephone Consumer Protection

Act (TCPA), including any amendment
of or addition to such law;

2.

any amendment of or addition to such
law;

a.

b.

ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or
FCRA and their amendments and
additions, that addresses, prohibits, or
limits the printing, dissemination,
disposal,
collecting,
recording,
sending, transmitting, communicating
or
distribution
of
material
or
information.

c.

d.

We will pay medical expenses as
described below for "bodily injury" caused
by an accident:

e.

Hired Person

Injury On Normally Occupied Premises

Workers' Compensation And Similar
Laws

Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports, or athletic
contests.

(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or

f.

(3) Because of your operations;

Products-Completed Operations Hazard
Included within the "products-completed
operations hazard".

provided that:

(a) The accident takes place in the

g.

"coverage territory" and during the
policy period;

CG 00 01 04 13

"volunteer

To a person, whether or not an "employee"
of any insured, if benefits for the "bodily
injury" are payable or must be provided
under a workers' compensation or disability
benefits law or a similar law.

Insuring Agreement

examination, at our expense, by

except

To a person injured on that part of
premises you own or rent that the person
normally occupies.

COVERAGE C - MEDICAL PAYMENTS

(c) The injured person submits to

insured,

To a person hired to do work for or on
behalf of any insured or a tenant of any
insured.

(4) Any federal, state or local statute,

reported to us within one year of
the date of the accident; and

Any Insured
To any
workers".

and any amendment of or addition to
such law, including the Fair and
Accurate Credit Transactions Act
(FACTA); or

(b) The expenses are incurred and

ambulance,
hospital,
nursing and funeral

Exclusions

(3) The Fair Credit Reporting Act (FCRA),

a.

including

We will not pay expenses for "bodily injury":

(2) The CAN-SPAM Act of 2003, including

1.

We will make these payments regardless
of fault. These payments will not exceed
the applicable limit of insurance. We will
pay reasonable expenses for:

Coverage A Exclusions
Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS - COVERAGES A
AND B
1.

We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:

© Insurance Services Office, Inc., 2012

Page 8 of 17

a.

All expenses we incur.

b.

Up to $250 for cost of bail bonds required
because of accidents or traffic law
violations arising out of the use of any
vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to
furnish these bonds.

c.

The cost of bonds to release attachments,
but only for bond amounts within the
applicable limit of insurance. We do not
have to furnish these bonds.

d.

e.

f.

g.

All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings up
to $250 a day because of time off from
work.
All court costs taxed against the insured in
the "suit". However, these payments do not
include attorneys' fees or attorneys'
expenses taxed against the insured.
Prejudgment interest awarded against the
insured on that part of the judgment we
pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on that
period of time after the offer.
All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid, offered
to pay, or deposited in court the part of the
judgment that is within the applicable limit
of insurance.

These payments will not reduce the limits of
insurance.

2.

If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a
party to the "suit", we will defend that
indemnitee if all of the following conditions are
met:

a.

The "suit" against the indemnitee seeks
damages for which the insured has
assumed the liability of the indemnitee in a
contract or agreement that is an "insured
contract";

b.

This insurance applies to such liability
assumed by the insured;

c.

The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same
"insured contract";

d.

The allegations in the "suit" and the
information
we
know
about
the
"occurrence" are such that no conflict
appears to exist between the interests of

CG 00 01 04 13

the insured and the interests of the
indemnitee;

e.

The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree
that we can assign the same counsel to
defend the insured and the indemnitee;
and

f.

The indemnitee:

(1) Agrees in writing to:
(a) Cooperate

with us in
investigation,
settlement
defense of the "suit";

the
or

(b) Immediately send us copies of

any
demands,
notices,
summonses or legal papers
received in connection with the
"suit";

(c) Notify any other insurer whose
coverage is available
indemnitee; and

to

the

(d) Cooperate with us with respect to

coordinating
other
applicable
insurance
available
to
the
indemnitee; and

(2) Provides us with written authorization
to:

(a) Obtain

records
and
other
information related to the "suit";
and

(b) Conduct and control the defense
of the indemnitee in such "suit".

So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation
expenses incurred by the indemnitee at our
request will be paid as Supplementary
Payments. Notwithstanding the provisions of
Paragraph 2.b.(2) of Section I - Coverage A Bodily Injury And Property Damage Liability,
such payments will not be deemed to be
damages for "bodily injury" and "property
damage" and will not reduce the limits of
insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees and
necessary
litigation
expenses
as
Supplementary Payments ends when we have
used up the applicable limit of insurance in the
payment of judgments or settlements or the
conditions set forth above, or the terms of the
agreement described in Paragraph f. above,
are no longer met.

© Insurance Services Office, Inc., 2012

Page 9 of 17

SECTION II - WHO IS AN INSURED
1.

brother or sister of that co"employee" or "volunteer worker"
as a consequence of Paragraph
(1)(a) above;

If you are designated in the Declarations as:

a.

b.

c.

d.

e.

2.

(b) To the spouse, child, parent,

An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.

(c) For which there is any obligation

to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraph (1)(a) or
(b) above; or

A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only
with respect to the conduct of your
business.

(d) Arising out of his or her providing

or failing to provide professional
health care services.

A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.

(2) "Property damage" to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or

An organization other than a partnership,
joint venture or limited liability company,
you are an insured. Your "executive
officers" and directors are insureds, but
only with respect to their duties as your
officers or directors. Your stockholders are
also insureds, but only with respect to their
liability as stockholders.

control of, or over which physical
control is being exercised for any
purpose by;

you, any of your "employees",
"volunteer workers", any partner or
member (if you are a partnership or
joint venture), or any member (if you
are a limited liability company).

A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.

Each of the following is also an insured:

a.

Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business. However,
none of these "employees" or "volunteer
workers" are insureds for:

(1) "Bodily

injury" or
advertising injury":

"personal

and

(a) To you, to your partners or

members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer
workers"
while
performing duties related to the
conduct of your business;

CG 00 01 04 13

b.

Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.

c.

Any person or organization having proper
temporary custody of your property if you
die, but only:

(1) With respect to liability arising out of
the maintenance
property; and

or

use

of

that

(2) Until your legal representative has
been appointed.

d.

3.

Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.

Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
ownership or majority interest, will qualify as a
Named Insured if there is no other similar
insurance available to that organization.
However:

a.

Coverage under this provision is afforded
only until the 90th day after you acquire or
form the organization or the end of the
policy period, whichever is earlier;

b.

Coverage A does not apply to "bodily
injury" or "property damage" that occurred

© Insurance Services Office, Inc., 2012

Page 10 of 17

before you acquired
organization; and

c.

or

formed

the

Coverage B does not apply to "personal
and advertising injury" arising out of an
offense committed before you acquired or
formed the organization.

No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.

SECTION III - LIMITS OF INSURANCE
1.

2.

3.

4.

5.

The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:

a.

Insureds;

b.

Claims made or "suits" brought; or

c.

Persons or organizations making claims or
bringing "suits".

7.

a.

Medical expenses under Coverage C;

b.

Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the
"products-completed operations hazard";
and

c.

Damages under Coverage B.

Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses because
of "bodily injury" sustained by any one person.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declarations, unless the policy period
is extended after issuance for an additional period of
less than 12 months. In that case, the additional
period will be deemed part of the last preceding
period for purposes of determining the Limits of
Insurance.

SECTION IV - COMMERCIAL
LIABILITY CONDITIONS
1.

Bankruptcy

2.

Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a.

You must see to it that we are notified as
soon as practicable of an "occurrence" or
an offense which may result in a claim. To
the extent possible, notice should include:

(1) How,

when
and
where
the
"occurrence" or offense took place;

The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "productscompleted operations hazard".
Subject to Paragraph 2. above, the Personal
And Advertising Injury Limit is the most we will
pay under Coverage B for the sum of all
damages because of all "personal and
advertising injury" sustained by any one person
or organization.

GENERAL

Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

The General Aggregate Limit is the most we will
pay for the sum of:

(2) The names and addresses of any
injured persons and witnesses; and

(3) The nature and location of any injury
or damage arising out
"occurrence" or offense.

b.

of

the

If a claim is made or "suit" is brought
against any insured, you must:

(1) Immediately record the specifics of the

claim or "suit" and the date received;
and

Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit is the most
we will pay for the sum of:

(2) Notify us as soon as practicable.

a.

Damages under Coverage A; and

b.

Medical expenses under Coverage C

You must see to it that we receive written
notice of the claim or "suit" as soon as
practicable.

because of all "bodily injury" and "property
damage" arising out of any one "occurrence".

6.

temporarily occupied by you with permission of
the owner.

Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we
will pay under Coverage A for damages
because of "property damage" to any one
premises, while rented to you, or in the case of
damage by fire, while rented to you or

CG 00 01 04 13

c.

You and any other involved insured must:

(1) Immediately send us copies of any

demands, notices, summonses or
legal papers received in connection
with the claim or "suit";

(2) Authorize us to obtain records and
other information;

© Insurance Services Office, Inc., 2012

Page 11 of 17

(3) Cooperate with us in the investigation

(ii) That is Fire insurance for

or settlement of the claim or defense
against the "suit"; and

premises rented to you or
temporarily occupied by you
with permission of the owner;

(4) Assist us, upon our request, in the

(iii) That is insurance purchased

enforcement of any right against any
person or organization which may be
liable to the insured because of injury
or damage to which this insurance
may also apply.

d.

3.

by you to cover your liability
as a tenant for "property
damage" to premises rented
to
you
or
temporarily
occupied
by
you
with
permission of the owner; or

No insured will, except at that insured's
own cost, voluntarily make a payment,
assume any obligation, or incur any
expense, other than for first aid, without our
consent.

(iv) If the loss arises out of the

maintenance or use of
aircraft, "autos" or watercraft
to the extent not subject to
Exclusion g. of Section I Coverage A - Bodily Injury
And
Property
Damage
Liability.

Legal Action Against Us
No person or organization has a right under this
Coverage Part:

a.

To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or

b.

To sue us on this Coverage Part unless all
of its terms have been fully complied with.

(b) Any

other primary insurance
available to you covering liability
for damages arising out of the
premises or operations, or the
products
and
completed
operations, for which you have
been added as an additional
insured.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms
of this Coverage Part or that are in excess of
the applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

4.

(2) When this insurance is excess, we will
have no duty under Coverages A or B
to defend the insured against any
"suit" if any other insurer has a duty to
defend the insured against that "suit".
If no other insurer defends, we will
undertake to do so, but we will be
entitled to the insured's rights against
all those other insurers.

Other Insurance
If other valid and collectible insurance is
available to the insured for a loss we cover
under Coverages A or B of this Coverage Part,
our obligations are limited as follows:

a.

(3) When this insurance is excess over

other insurance, we will pay only our
share of the amount of the loss, if any,
that exceeds the sum of:

Primary Insurance

(a) The total amount that all such

This insurance is primary except when
Paragraph b. below applies. If this
insurance is primary, our obligations are
not affected unless any of the other
insurance is also primary. Then, we will
share with all that other insurance by the
method described in Paragraph c. below.

b.

other insurance would pay for the
loss in the absence of this
insurance; and

(b) The total of all deductible and

self-insured amounts under all
that other insurance.

Excess Insurance

(4) We will share the remaining loss, if

any, with any other insurance that is
not described in this Excess Insurance
provision and was not bought
specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.

(1) This insurance is excess over:
(a) Any of the other insurance,

whether
primary,
excess,
contingent or on any other basis:

(i) That

is Fire, Extended
Coverage, Builder's Risk,
Installation Risk or similar
coverage for "your work";

CG 00 01 04 13

c.

Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow

© Insurance Services Office, Inc., 2012

Page 12 of 17

this method also. Under this approach
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not
permit contribution by equal shares, we will
contribute by limits. Under this method,
each insurer's share is based on the ratio
of its applicable limit of insurance to the
total applicable limits of insurance of all
insurers.

5.

9.

When We Do Not Renew
If we decide not to renew this Coverage Part,
we will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be
sufficient proof of notice.

Premium Audit
a.

We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.

b.

Premium shown in this Coverage Part as
advance premium is a deposit premium
only. At the close of each audit period we
will compute the earned premium for that
period and send notice to the first Named
Insured. The due date for audit and
retrospective premiums is the date shown
as the due date on the bill. If the sum of the
advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the
first Named Insured.

c.

6.

Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to
impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.

The first Named Insured must keep records
of the information we need for premium
computation, and send us copies at such
times as we may request.

SECTION V - DEFINITIONS
1.

2.

Representations

"Advertisement" means a notice that is
broadcast or published to the general public or
specific market segments about your goods,
products or services for the purpose of
attracting customers or supporters. For the
purposes of this definition:

a.

Notices that are published include material
placed on the Internet or on similar
electronic means of communication; and

b.

Regarding web sites, only that part of a
web site that is about your goods, products
or services for the purposes of attracting
customers or supporters is considered an
advertisement.

"Auto" means:

a.

A land motor vehicle, trailer or semitrailer
designed for travel on public roads,
including any attached machinery or
equipment; or

b.

By accepting this policy, you agree:

7.

8.

a.

The statements in the Declarations are
accurate and complete;

b.

Those statements are based upon
representations you made to us; and

Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it
is licensed or principally garaged.

c.

We have issued this policy in reliance upon
your representations.

However, "auto" does not include "mobile
equipment".

Separation Of Insureds

3.

Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured,
this insurance applies:

"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time.

4.

"Coverage territory" means:

a.

As if each Named Insured were the only
Named Insured; and

b.

Separately to each insured against whom
claim is made or "suit" is brought.

Transfer Of Rights Of Recovery Against
Others To Us
If the insured has rights to recover all or part of
any payment we have made under this

CG 00 01 04 13

a.

The United States of America (including its
territories and possessions), Puerto Rico
and Canada;

b.

International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in Paragraph a. above; or

c.

All other parts of the world if the injury or
damage arises out of:

© Insurance Services Office, Inc., 2012

Page 13 of 17

(1) Goods or products made or sold by

d.

An obligation, as required by ordinance, to
indemnify a municipality, except in
connection with work for a municipality;

(2) The activities of a person whose home

e.

An elevator maintenance agreement;

f.

That part of any other contract or
agreement pertaining to your business
(including an
indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

you in the territory described in
Paragraph a. above;

is in the territory described in
Paragraph a. above, but is away for a
short time on your business; or

(3) "Personal

and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication;

provided the insured's responsibility to pay
damages is determined in a "suit" on the
merits, in the territory described in
Paragraph a. above or in a settlement we
agree to.

5.

"Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

Paragraph f. does not include that part of
any contract or agreement:

(1) That indemnifies a railroad for "bodily

injury" or "property damage" arising
out of construction or demolition
operations, within 50 feet of any
railroad property and affecting any
railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing;

6.

"Executive officer" means a person holding any
of the officer positions created by your charter,
constitution, bylaws or any other similar
governing document.

7.

"Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.

(2) That indemnifies an architect, engineer

"Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:

(a) Preparing, approving, or failing to

8.

a.

It incorporates "your product" or "your
work" that is known or thought to be
defective,
deficient,
inadequate
or
dangerous; or

b.

You have failed to fulfill the terms of a
contract or agreement;

if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work" or your fulfilling
the terms of the contract or agreement.

9.

or surveyor for injury or damage
arising out of:
prepare or approve, maps, shop
drawings,
opinions,
reports,
surveys, field orders, change
orders
or
drawings
and
specifications; or

(b) Giving directions or instructions,

or failing to give them, if that is the
primary cause of the injury or
damage; or

(3) Under which the insured, if an

architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (2) above and supervisory,
inspection, architectural or engineering
activities.

"Insured contract" means:

a.

A contract for a lease of premises.
However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire
to premises while rented to you or
temporarily occupied
by you with
permission of the owner is not an "insured
contract";

b.

A sidetrack agreement;

c.

Any easement or license agreement,
except in connection with construction or
demolition operations on or within 50 feet
of a railroad;

CG 00 01 04 13

10. "Leased worker" means a person leased to you

by a labor leasing firm under an agreement
between you and the labor leasing firm, to
perform duties related to the conduct of your
business. "Leased worker" does not include a
"temporary worker".

11. "Loading or unloading" means the handling of
property:

© Insurance Services Office, Inc., 2012

Page 14 of 17

a.

After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";

b.

While it is in or on an aircraft, watercraft or
"auto"; or

c.

While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;

but "loading or unloading" does not include the
movement of property by means of a
mechanical device, other than a hand truck,
that is not attached to the aircraft, watercraft or
"auto".

12. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:

a.

Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;

b.

Vehicles maintained for use solely on or
next to premises you own or rent;

c.

Vehicles that travel on crawler treads;

d.

Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:

(1) Power

cranes, shovels,
diggers or drills; or

loaders,

maintenance, but not
construction or resurfacing; or

(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and

(3) Air

compressors,
pumps
and
generators,
including
spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment.

However, "mobile equipment" does not include
any land vehicles that are subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged. Land vehicles
subject to a compulsory or financial
responsibility law or other motor vehicle
insurance law are considered "autos".

13. "Occurrence" means an accident, including

continuous
or
repeated
exposure
to
substantially the same general harmful
conditions.

14. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:

a.

False arrest, detention or imprisonment;

b.

Malicious prosecution;

c.

The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person occupies, committed by or on
behalf of its owner, landlord or lessor;

d.

compressors,
pumps
and
generators,
including
spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment; or

Oral or written publication, in any manner,
of material that slanders or libels a person
or organization or disparages a person's or
organization's goods, products or services;

e.

Oral or written publication, in any manner,
of material that violates a person's right of
privacy;

(2) Cherry pickers and similar devices

f.

The use of another's advertising idea in
your "advertisement"; or

Vehicles not described in Paragraph a., b.,
c. or d. above maintained primarily for
purposes other than the transportation of
persons or cargo.

g.

Infringing upon another's copyright, trade
dress or slogan in your "advertisement".

(2) Road

construction or resurfacing
equipment such as graders, scrapers
or rollers;

e.

(b) Road

Vehicles not described in Paragraph a., b.,
c. or d. above that are not self-propelled
and are maintained primarily to provide
mobility
to
permanently
attached
equipment of the following types:

(1) Air

used to raise or lower workers;

f.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":

(1) Equipment designed primarily for:
(a) Snow removal;
CG 00 01 04 13

15. "Pollutants" mean any solid, liquid, gaseous or

thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materials
to be recycled, reconditioned or reclaimed.

16. "Products-completed operations hazard":
a.

Includes all "bodily injury" and "property
damage" occurring away from premises

© Insurance Services Office, Inc., 2012

Page 15 of 17

you own or rent and arising out of "your
product" or "your work" except:

For the purposes of this insurance, electronic
data is not tangible property.

(1) Products that are still in your physical

As used in this definition, electronic data means
information, facts or programs stored as or on,
created or used on, or transmitted to or from
computer software, including systems and
applications software, hard or floppy disks, CDROMs, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.

possession; or

(2) Work that has not yet been completed

or abandoned. However, "your work"
will be deemed completed at the
earliest of the following times:

(a) When all of the work called for in
your
contract
completed.

has

been

(b) When all of the work to be done at

the job site has been completed if
your contract calls for work at
more than one job site.

(c) When that part of the work done
at a job site has been put to its
intended use by any person or
organization other than another
contractor
or
subcontractor
working on the same project.
Work that may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete,
will
be
treated
as
completed.

b.

Does not include "bodily injury" or "property
damage" arising out of:

(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured;

18. "Suit" means a civil proceeding in which

damages because of "bodily injury", "property
damage" or "personal and advertising injury" to
which this insurance applies are alleged. "Suit"
includes:

a.

An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or

b.

Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.

19. "Temporary worker" means a person who is

furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.

20. "Volunteer worker" means a person who is not
your "employee", and who donates his or her
work and acts at the direction of and within the
scope of duties determined by you, and is not
paid a fee, salary or other compensation by you
or anyone else for their work performed for you.

21. "Your product":
a.

(2) The existence of tools, uninstalled

(1) Any goods or products, other than real

equipment or abandoned or unused
materials; or

property, manufactured, sold, handled,
distributed or disposed of by:

(3) Products or operations for which the

(a) You;

classification, listed in the Declarations
or in a policy Schedule, states that
products-completed operations are
subject to the General Aggregate
Limit.

(b) Others trading under your name;
or

(c) A person or organization whose

business or assets you have
acquired; and

17. "Property damage" means:
a.

Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the physical
injury that caused it; or

b.

Loss of use of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the
"occurrence" that caused it.

CG 00 01 04 13

Means:

(2) Containers

(other than vehicles),
materials,
parts
or
equipment
furnished in connection with such
goods or products.

b.

Includes:

(1) Warranties or representations made at

any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and

© Insurance Services Office, Inc., 2012

Page 16 of 17

(2) The providing of or failure to provide

(2) Materials,

parts
or
equipment
furnished in connection with such work
or operations.

warnings or instructions.

c.

Does not include vending machines or
other property rented to or located for the
use of others but not sold.

22. "Your work":
a.

(1) Work or operations performed by you

CG 00 01 04 13

Includes:

(1) Warranties or representations made at

any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and

Means:
or on your behalf; and

b.

(2) The providing of or failure to provide
warnings or instructions.

© Insurance Services Office, Inc., 2012

Page 17 of 17

POLICY NUMBER: EPP 076 70 53

COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Project(s):
EACH OF THE NAMED INSURED’S CONSTRUCTION PROJECTS

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. For all sums which the insured becomes legal-

ly obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and
for all medical expenses caused by accidents
under Section I - Coverage C, which can be attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:

1.

A separate Designated Construction Project General Aggregate Limit applies to
each designated construction project, and
that limit is equal to the amount of the
General Aggregate Limit shown in the
Declarations.

2.

The Designated Construction Project
General Aggregate Limit is the most we
will pay for the sum of all damages under
Coverage A, except damages because of
"bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses
under Coverage C regardless of the number of:

3.

a.

Insureds;

b.

Claims made or "suits" brought; or

c.

Persons or organizations making
claims or bringing "suits".

Any payments made under Coverage A
for damages or under Coverage C for
medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not
reduce the General Aggregate Limit

CG 25 03 05 09

shown in the Declarations nor shall they
reduce any other Designated Construction
Project General Aggregate Limit for any
other designated construction project
shown in the Schedule above.

4.

The limits shown in the Declarations for
Each Occurrence, Damage To Premises
Rented To You and Medical Expense
continue to apply. However, instead of being subject to the General Aggregate Limit
shown in the Declarations, such limits will
be subject to the applicable Designated
Construction Project General Aggregate
Limit.

B. For all sums which the insured becomes legal-

ly obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and
for all medical expenses caused by accidents
under Section I - Coverage C, which cannot be
attributed only to ongoing operations at a single designated construction project shown in
the Schedule above:

1.

Any payments made under Coverage A
for damages or under Coverage C for
medical expenses shall reduce the
amount available under the General Aggregate Limit or the Products-completed
Operations Aggregate Limit, whichever is
applicable; and

2.

Such payments shall not reduce any Designated Construction Project General Aggregate Limit.

C. When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because

© Insurance Services Office, Inc., 2008

Page 1 of 2

of "bodily injury" or "property damage" included
in the "products-completed operations hazard"
will reduce the Products-completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Construction Project General Aggregate Limit.

D. If the applicable designated construction project has been abandoned, delayed, or aban-

CG 25 03 05 09

doned and then restarted, or if the authorized
contracting parties deviate from plans, blueprints, designs, specifications or timetables,
the project will still be deemed to be the same
construction project.

E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.

© Insurance Services Office, Inc., 2008

Page 2 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Endorsement - Table of Contents:
Coverage:

Begins on Page:

1.
2.
3.
4.
5.
6.
7.
8.

Employee Benefit Liability Coverage.......................................................................................2
Unintentional Failure To Disclose Hazards .......................................................................... 10
Damage To Premises Rented To You ................................................................................... 10
Supplementary Payments ...................................................................................................... 11
Medical Payments ................................................................................................................... 11
180 Day Coverage For Newly Formed Or Acquired Organizations ................................... 11
Waiver Of Subrogation ........................................................................................................... 11
Automatic Additional Insured - Specified Relationships: .................................................. 12
(a) Managers Or Lessors Of Premises
(b) Lessor Of Leased Equipment
(c) Vendors
(d) State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises
(e) Mortgagee, Assignee Or Receiver
9. Property Damage To Borrowed Equipment ......................................................................... 15
10. Employees As Insureds - Specified Health Care Services And Good Samaritan
Services ................................................................................................................................... 15
11. Broadened Notice Of Occurrence ......................................................................................... 16
12. Nonowned Aircraft .................................................................................................................. 16
13. Bodily Injury Redefined .......................................................................................................... 16
14. Expected Or Intended Injury Redefined ............................................................................... 16
15. Former Employees As Insureds ............................................................................................ 16
16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability
Coverage .................................................................................................................................. 16
17. Broadened Contractual Liability - Work Within 50' Of Railroad Property......................... 18
18. Alienated Premises ................................................................................................................. 18
B. Limits Of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorsement, except as provided below:

1.

Employee Benefit Liability Coverage
Each Employee Limit: $1,000,000
Aggregate Limit:
$3,000,000
Deductible Amount:
$
1,000

3.

Damage To Premises Rented To You
The lesser of:
a. The Each Occurrence Limit shown in the Declarations; or
b. $500,000 unless otherwise stated $

4.

Supplementary Payments
a.
b.

Bail Bonds:
$ 2,500
Loss Of Earnings: $ 500

GA 233 06 23

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 1 of 18

5.

Medical Payments
Medical Expense Limit: $10,000

9.

Property Damage To Borrowed Equipment
Each Occurrence Limit: $10,000
Deductible Amount:
$ 250

16. Voluntary Property Damage Coverage (Coverage D) and Care, Custody Or Control Liability
Coverage
Limits Of Insurance

Voluntary Property Damage Coverage:
$1,000 Each Occurrence
$5,000 Aggregate
Care, Custody Or Control Liability Coverage:
$5,000 Each Occurrence unless otherwise stated $

Deductible Amount (Each Occurrence)

Voluntary Property Damage Coverage: $250
Care, Custody Or Control Liability Coverage: $250 unless otherwise stated $

PREMIUM BASIS
(a) Area
(b) Payroll
(c) Gross Sales
(d) Units
(e) Other

COVERAGE

RATE

ADVANCE PREMIUM

(For Limits in Excess of
$5,000)

(For Limits in Excess of
$5,000)

Care, Custody Or Control
Liability

$
TOTAL ANNUAL PREMIUM

$

C. Coverages
1.

1)

The amount we will pay
for damages is limited
as described in C. Coverages, 1. Employee
Benefit Liability Coverage, c. Limits Of Insurance of this endorsement; and

2)

Our right and duty to
defend ends when we
have used up the applicable limit of insurance
in the payment of judgments or settlements.

Employee Benefit Liability Coverage
a.

The following is added to Section I Coverages:

EMPLOYEE BENEFIT
COVERAGE

LIABILITY

(1) Insuring Agreement
(a) We will pay those sums that

the insured becomes legally
obligated to pay as damages caused by any act, error
or omission of the insured,
or of any other person for
whose acts the insured is
legally liable, to which this
insurance applies. We will
have the right and duty to
defend the insured against
any "suit" seeking those
damages. However, we will
have no duty to defend
against any "suit" seeking
damages to which this insurance does not apply. We
may, at our discretion, investigate any report of an
act, error or omission and
settle any claim or "suit" that
may result. But:

GA 233 06 23

No other obligation or liability to pay sums or perform
acts or services is covered
unless explicitly provided for
under Supplementary Payments.

(b) This insurance applies to

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

damages only if the act, error or omission is negligently
committed in the "administration" of your "employee
benefit program"; and

1)

Occurs during the policy
period; or

Page 2 of 18

2)

Occurred prior to the
"first effective date" of
this endorsement provided:

a)

You did not have
knowledge of a
claim or "suit" on or
before the "first effective date" of this
endorsement.
You
will
be
deemed to have
knowledge of a
claim or "suit"
when any insured
listed under C.
Coverages,
1.
Employee Benefit
Liability Coverage,
b. Who Is An Insured, (1) of this
endorsement
or
any
"employee"
authorized by you
to give or receive
notice of a claim or
"suit":

i)

fraudulent, criminal or malicious act, error or omission,
committed by any insured,
including the willful or reckless violation of any statute.

(c) Failure To Perform A Contract
Damages arising out of failure of performance of contract by any insurer.

(d) Insufficiency Of Funds
Damages arising out of an
insufficiency of funds to
meet any obligations under
any plan included in the
"employee benefit program".

(e) Inadequacy Of Performance
Of
Investment/Advice Given With
Respect To Participation
Any claim based upon:

Reports all, or
any part, of the
act, error or
omission to us
or any other
insurer;

ii) Receives

a
written or verbal demand or
claim for damages because
of the act, error or omission; and

(2) Exclusions
This insurance does not apply to:

Errors in providing information on past performance of investment
vehicles; or

3)

Advice given to any
person with respect to
that person's decision to
participate or not to participate in any plan included in the "employee
benefit program".

(g) ERISA

"Bodily injury", "property
damage" or "personal and
advertising injury".

(b) Dishonest,
Fraudulent,
Criminal Or Malicious Act
Damages arising out of any
intentional,
dishonest,

GA 233 06 23

2)

Any claim arising out of your
failure to comply with the
mandatory provisions of any
workers' compensation, unemployment compensation
insurance, social security or
disability benefits law or any
similar law.

insur-

(a) Bodily Injury, Property
Damage Or Personal And
Advertising Injury

Failure of any investment to perform;

(f) Workers'
Compensation
And Similar Laws

b) There is no other
applicable
ance.

1)

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security
Act of 1974, as now or
hereafter amended, or by
any similar federal, state or
local laws.

Page 3 of 18

(h) Available Benefits
Any claim for benefits to the
extent that such benefits are
available, with reasonable
effort and cooperation of the
insured, from the applicable
funds accrued or other collectible insurance.

(i) Taxes, Fines Or Penalties
Taxes, fines or penalties, including those imposed under the Internal Revenue
Code or any similar state or
local law.

(j) Employment-Related Practices
Any liability arising out of
any:

1)

Refusal to employ;

2)

Termination of employment;

3)

Coercion,
demotion,
evaluation,
reassignment, discipline, defamation,
harassment,
humiliation, discrimination or other employment-related practices,
acts or omissions; or

4)

Consequential liability
as a result of 1), 2) or 3)
above.

This
exclusion
applies
whether the insured may be
held liable as an employer
or in any other capacity and
to any obligation to share
damages with or repay
someone else who must pay
damages because of the injury.

any person or organization that results in the
transfer of funds or other property regardless
of the medium or technique used.

(3) Supplementary Payments
Section I - Supplementary Payments - Coverages A and B also
apply to this Coverage, however
1.b. and 2. of the Supplementary
Payments provision do not apply.

b. Who Is An Insured
As respects Employee Benefit Liability Coverage, Section II - Who Is An
Insured is replaced by the following:

(1) If you are designated in the Declarations as:

(a) An individual, you and your

spouse are insureds, but only with respect to the conduct of a business of which
you are the sole owner.

(b) A partnership or joint ven-

ture, you are an insured.
Your members, your partners, and their spouses are
also insureds but only with
respect to the conduct of
your business.

(c) A limited liability company,

you are an insured. Your
members are also insureds,
but only with respect to the
conduct of your business.
Your managers are insureds, but only with respect
to their duties as your managers.

(d) An organization other than a

partnership, joint venture or
limited liability company, you
are an insured. Your "executive officers" and directors
are insureds, but only with
respect to their duties as
your officers or directors.
Your stockholders are also
insureds, but only with respect to their liability as
stockholders.

(k) Cyber
Any liability, costs, expenses
or damages arising, directly
or indirectly, out of or as a
consequence of any:

1) "Computer attack";
2) "Network security incident";

(e) A trust, you are an insured.

3) "Privacy violation"; or
4) Fraudulent communica-

Your trustees are also insureds, but only with respect
to their duties as trustees.

tion that impersonates

GA 233 06 23

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 4 of 18

(2) Each of the following is also an
insured:

(a) Each of your "employees"
who is or was authorized to
administer your "employee
benefit program";

(b) Any persons, organizations

or "employees" having proper temporary authorization
to administer your "employee benefit program" if you
die, but only until your legal
representative is appointed;
or

(c) Your legal representative if
you die, but only with respect to duties as such. That
representative will have all
your rights and duties under
this Coverage Part.

(3) Any organization you newly ac-

quire or form, other than a partnership, joint venture or limited
liability company, and over which
you maintain ownership or majority interest, will qualify as a
Named Insured if no other similar
insurance applies to that organization. However, coverage under
this provision:

(c) Persons

or organizations
making claims or bringing
"suits";

(d) Acts, errors or omissions; or
(e) Benefits included in your
"employee benefit program".

(2) The Aggregate Limit shown in
Section B. Limits Of Insurance,
1. Employee Benefit Liability
Coverage of this endorsement is
the most we will pay for all damages because of acts, errors or
omissions negligently committed
in the "administration" of your
"employee benefit program".

(3) Subject to the limit described in
(2) above, the Each Employee
Limit shown in Section B. Limits
Of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will
pay for all damages sustained by
any one "employee", including
damages sustained by such
"employee's" dependents and
beneficiaries, as a result of:

(a) An act, error or omission; or
(b) A series of related acts, er-

rors or omissions, regardless of the amount of time
that lapses between such
acts, errors or omissions;

(a) Is afforded only until the

180th day after you acquire
or form the organization or
the end of the policy period,
whichever is earlier; and

(b) Does not apply to any act,
error or omission that was
committed before you acquired or formed the organization.

c.

Limits Of Insurance
As respects Employee Benefit Liability Coverage, Section III - Limits Of
Insurance is replaced by the following:

negligently committed in the
"administration" of your "employee benefit program".
However, the amount paid under
this endorsement shall not exceed, and will be subject to the
limits and restrictions that apply
to the payment of benefits in any
plan included in the "employee
benefit program."

(4) Deductible Amount
(a) Our obligation to pay dam-

(1) The Limits of Insurance shown in
Section B. Limits Of Insurance,
1. Employee Benefit Liability
Coverage of this endorsement
and the rules below fix the most
we will pay regardless of the
number of:
(a) Insureds;
(b) Claims

made

or

"suits"

brought;

GA 233 06 23

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

ages on behalf of the insured applies only to the
amount of damages in excess of the Deductible
Amount shown in Section B.
Limits Of Insurance, 1. Employee Benefit Liability Coverage of this endorsement
as applicable to Each Employee. The limits of insurance shall not be reduced

Page 5 of 18

by the amount of this deductible.

To the extent possible,
notice should include:

(b) The

Deductible Amount
shown in Section B. Limits
Of Insurance, 1. Employee
Benefit Liability Coverage of
this endorsement applies to
all damages sustained by
any one "employee", including such "employee's" dependents and beneficiaries,
because of all acts, errors or
omissions to which this insurance applies.

(1) What the act, error
or omission was
and when it occurred; and

(2) The

names and
addresses of anyone who may suffer damages as a
result of the act,
error or omission.

b.

(c) The terms of this insurance,
including those with respect
to:

1)

Our right and duty to
defend
the
insured
against
any
"suits"
seeking those damages; and

2)

Your duties, and the duties of any other involved insured, in the
event of an act, error or
omission, or claim;

apply irrespective of the application of the Deductible
Amount.

(d) We may pay any part or all

of the Deductible Amount to
effect settlement of any
claim or "suit" and, upon notification of the action taken,
you shall promptly reimburse us for such part of the
Deductible Amount as we
have paid.

d.

Additional Conditions
As respects Employee Benefit Liability Coverage, Section IV - Commercial General Liability Conditions is
amended as follows:

(1) Item 2. Duties In The Event Of
Occurrence, Offense, Claim Or
Suit is replaced by the following:

2.

Duties In The Event Of An
Act,
Error,
Omission,
Claim Or Suit
a.

GA 233 06 23

You must see to it that
we are notified as soon
as practicable of an act,
error or omission which
may result in a claim.
Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

If a claim is made or
"suit" is brought against
any insured, you must:

(1) Immediately record

the specifics of the
claim or "suit" and
the date received;
and

(2) Notify us as soon
as practicable.

You must see to it that
we receive written notice of the claim or "suit"
as soon as practicable.

c.

You and any other involved insured must:

(1) Immediately send
us copies of any
demands, notices,
summonses or legal
papers
received in connection with the claim
or "suit";

(2) Authorize us to obtain records and
other information;

(3) Cooperate with us
in the investigation
or settlement of the
claim or defense
against the "suit";
and

(4) Assist us, upon our

request, in the enforcement of any
right against any
person or organization which may
be liable to the insured because of
an act, error or
omission to which

Page 6 of 18

c.

this insurance may
also apply.

d.

placed by the following:

4.

Other Insurance
If other valid and collectible
insurance is available to the
insured for a loss we cover
under this Employee Benefit
Liability Coverage, our obligations are limited as follows:

a.

This insurance shall not
cover any loss for which
the insured is entitled to
recovery under any
other insurance in force
previous to the effective
date of this Employee
Benefit Liability Coverage.

No insured will, except
at that insured's own
cost, voluntarily make a
payment, assume any
obligation, or incur any
expense without our
consent.

(2) Item 4. Other Insurance is re-

e.

Additional Definitions
As respects Employee Benefit Liability Coverage, Section V - Definitions
is amended as follows:

(1) The following definitions are
added:

1.

Primary Insurance

Providing information to
"employees", including
their dependents and
beneficiaries, with respect to eligibility for or
scope of "employee
benefit programs";

b. Interpreting

the
ployee
benefit
grams";

"empro-

c.

Handling records in
connection with the
"employee benefit programs"; or

Method Of Sharing

d.

If all of the other insurance permits contribution by equal shares,
we will follow this method also. Under this approach each insurer
contributes
equal
amounts until it has
paid its applicable limit
of insurance or none of
the
loss
remains,
whichever comes first.

Effecting, continuing or
terminating any "employee's" participation in
any benefit included in
the "employee benefit
program".

However,
"administration"
does not include:

If any of the other insurance does not permit
contribution by equal
shares, we will contribute by limits. Under this
method, each insurer's
share is based on the
ratio of its applicable
limit of insurance to the
total applicable limits of
insurance of all insurers.

GA 233 06 23

"Administration" means:

a.

This insurance is primary except when c. below
applies. If this insurance
is primary, our obligations are not affected
unless any of the other
insurance is also primary. Then, we will share
with all that other insurance by the method described in Paragraph b.
below.

b.

No Coverage

2.

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

a.

Handling payroll deductions; or

b.

The failure to effect or
maintain any insurance
or adequate limits of
coverage of insurance,
including but not limited
to unemployment insurance, social security
benefits, workers' compensation and disability
benefits.

"Biometric
means any:

information"

Page 7 of 18

a.

b.

Biological measurement
or physical characteristic of an individual, including but not limited
to a retina or iris scan,
fingerprint,
palmprint,
voiceprint, hand or face
geometry, vein pattern,
genetic data, movement, or any other information that can be
used as a form of identification or authentication; or

"Employee
benefit
programs" means a program
providing some or all of the
following benefits to "employees", whether provided
through a "cafeteria plan" or
otherwise:

a.

Group life insurance;
group accident or health
insurance; dental, vision
and hearing plans; and
flexible spending accounts; provided that no
one other than an "employee" may subscribe
to such benefits and
such benefits are made
generally available to
those "employees" who
satisfy the plan's eligibility requirements;

b.

Profit sharing plans,
employee
savings
plans, employee stock
ownership plans, pension plans and stock
subscription plans, provided that no one other
than an "employee"
may subscribe to such
benefits and such benefits are made generally
available to all "employees" who are eligible
under the plan for such
benefits;

c.

Unemployment
insurance, social security
benefits, workers' compensation and disability
benefits; and

d.

Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity,
family, and civil leave;
tuition assistance plans;
transportation
and
health club subsidies.

Information, regardless
of how it is captured,
converted, stored or
shared, based on an individual's
biological
measurement or physical characteristic.

3.

"Cafeteria plans" means
plans authorized by applicable law to allow "employees"
to elect to pay for certain
benefits with pre-tax dollars.

4.

"Computer attack" means:

a.

6.

Unauthorized access or
authorized access for
an unauthorized purpose;

b. A "malware attack"; or
c. A "denial of service attack";

against any computer, computer system or network of
computers or computer systems, including any other
machinery or equipment, including their control systems, which are accessed
by or integrated into a computer, computer system or
network of computers or
computer systems.

5.

GA 233 06 23

"Denial of service attack"
means an attack against a
target computer or network
of computers designed to
overwhelm the capacity of
the target computer or network in order to deny or impede users from gaining access to the target computer
or network through the internet.

7.

"First effective date" means
the date upon which coverage was first effected in a
series of uninterrupted renewals of insurance coverage.

8.

"Malware attack" means an
attack that damages a computer, computer system or

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 8 of 18

network of computers or
computer systems, including
any other machinery or
equipment, including their
control systems, which are
accessed by or integrated
into a computer, computer
system or network of computers or computer systems,
or data contained therein
arising from malicious code,
including, but not limited to,
viruses, worms, Trojans,
spyware, keyloggers and
ransomware.

9.

"Network security incident"
means a security failure or
weakness with respect to a
computer, computer system
or network of computers or
computer systems which allowed one or more of the following to happen:

a.

b.

The propagation or forwarding of malware, including, but not limited
to, viruses, worms, Trojans, spyware, keyloggers and ransomware;
The abetting of a "denial of service attack"
against one or more
other systems;

c.

The loss, release or
disclosure of data;

d.

The inability to access a
computer system;

e.

The unauthorized access to a computer system.

to, "biometric
mation"; or

b.

11. "Privacy policy" means an

entity's policy for collection,
use, storage, disclosure,
disposal, sharing, disseminating and correction or
supplementation of personally identifying information,
including, but not limited to,
"biometric information".

12. "Privacy violation" means
failure to comply for any
reason with a "privacy law"
or "privacy policy".

(2) The following definitions are de-

leted in their entirety and replaced by the following:

5.

"Employee" means a person
actively employed, formerly
employed, on leave of absence or disabled, or retired.
"Employee"
includes
a
"leased worker". "Employee"
does not include a "temporary worker".

18. "Suit" means a civil proceed-

law, statute or regulation
enacted or promulgated by
or on behalf of any federal,
state, local or foreign governmental entity in such entity's regulatory or official
capacity that creates legally
enforceable responsibilities
with respect to:

GA 233 06 23

The
adoption
and
communication of, as
well as compliance with,
a "privacy policy".

"Privacy laws" include, but
are not limited to, the European Union General Data
Protection Regulation, the
California, Consumer Privacy Act and the Illinois Biometric Information Privacy
Act.

10. "Privacy law" means any

a.

infor-

The collection, use,
storage,
disclosure,
disposal, sharing or disseminating as well as
correction or supplementation of personally
identifying information,
including, but not limited
Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

ing in which money damages because of an act, error
or omission to which this insurance applies are alleged.
"Suit" includes:

a.

An arbitration proceeding in which such damages are claimed and to
which the insured must
submit or does submit
with our consent;

b.

Any other alternative
dispute resolution proceeding in which such
damages are claimed
and to which the insured submits with our
consent; or

Page 9 of 18

c.
2.

An appeal of a civil proceeding.

Unintentional Failure To Disclose Hazards

latent defect or any quality in
property that causes it to
damage or destroy itself;

3) Smog;

Section IV - Commercial General Liability Conditions, 6. Representations is

4) Mechanical breakdown, in-

Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all
such hazards at the inception date of your
policy, we will not reject coverage under
this Coverage Part based solely on such
failure.

5) Settling, cracking, shrinking

cluding rupture or bursting
caused by centrifugal force;

amended by the addition of the following:

3.

Damage To Premises Rented To You
a.

The last paragraph of 2. Exclusions
under Section I - Coverage A - Bod-

or expansion;

6) Nesting or infestation, or

discharge or release of
waste products or secretions, by insects, birds, rodents or other animals; or

7)

ily Injury And Property Damage Liability is replaced by the following:
Exclusions c. through n. do not apply
to damage by fire, explosion, lightning, smoke or soot to premises while
rented to you or temporarily occupied
by you with permission of the owner,
for which the amount we will pay is
limited to the Damage To Premises
Rented To You Limit as described in
Section III - Limits Of Insurance.

b.

Presence, growth, proliferation, spread or any activity of
fungus, including mold or
mildew, and any mycotoxins,
spores, scents or byproducts
produced or released by
fungi.

(b) "Property damage" caused directly or indirectly by any of the
following:

(i) Earthquake, volcanic erup-

tion, landslide or any other
earth movement;

The insurance provided under Section I - Coverage A - Bodily Injury And
Property Damage Liability applies to
"property damage" arising out of water damage to premises that are both
rented to and occupied by you.

(ii) Water that backs up or over-

As respects Water Damage Legal Liability, as provided in Paragraph 3.b.
above:

face pressing on, or flowing
or seeping through:

flows or is otherwise discharged from a sewer, drain,
sump, sump pump or related
equipment;

(iii) Water under the ground sur-

1) Foundations,

walls,
floors or paved surfaces;

The exclusions under Section I Coverage A - Bodily Injury And Property Damage Liability, 2. Exclusions,
other than i. War and the Nuclear
Energy Liability Exclusion (Broad
Form), are deleted and the following
are added:
This insurance does not apply to:

(a) "Property damage":
(i) Assumed in any contract or
agreement; or

(ii) Caused by or resulting from any
of the following:

1)

Wear and tear;

2) Basements,

whether

paved or not; or

3) Doors, windows or other
openings.

(c) "Property damage" caused by or

resulting from water that leaks or
flows from plumbing, heating, air
conditioning, fire protection systems, or other equipment,
caused by or resulting from
freezing, unless:

(i) You did your best to main-

2) Rust or other corrosion, de-

tain heat in the building or
structure; or

cay, deterioration, hidden or

GA 233 06 23

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 10 of 18

(ii) You drained the equipment

a.

and shut off the water supply
if the heat was not maintained.

Up to the limit shown in Section B.
Limits Of Insurance, 4.a. Bail Bonds
of this endorsement for cost of bail
bonds required because of accidents
or traffic law violations arising out of
the use of any vehicle to which the
Bodily Injury Liability Coverage applies. We do not have to furnish these
bonds.

(d) "Property damage" to:
(i) Plumbing, heating, air conditioning, fire protection systems, or other equipment or
appliances; or

(ii) The interior of any building

or structure, or to personal
property in the building or
structure, caused by or resulting from rain, snow, sleet
or ice, whether driven by
wind or not.

c.

b. Paragraph 1.d. is replaced by the following:

All reasonable expenses incurred by
the insured at our request to assist us
in the investigation or defense of the
claim or "suit", including actual loss of
earnings up to the limit shown in Section B. Limits Of Insurance, 4.b. Loss
Of Earnings of this endorsement per
day because of time off from work.

Limit Of Insurance
With respect to the insurance afforded in Paragraphs 3.a. and 3.b. above,
the Damage To Premises Rented To
You Limit as shown in the Declarations is amended as follows:

5.

its Of Insurance is replaced by
the following:

Subject to Paragraph 5.
above, the Damage To
Premises Rented To You
Limit is the most we will pay
under Coverage A - Bodily
Injury And Property Damage
Liability for damages because of "property damage"
to any one premises:

a.

by fire, explosion, lightning, smoke or soot,
while rented to you; or

c.

In the case of damage
by water, while rented
to and occupied by you.

(2) The most we will pay is limited as
described in Section B. Limits Of
Insurance, 3. Damage To Premises Rented To You of this endorsement.

4.

Supplementary Payments
Under Section I - Supplementary Payments - Coverages A and B:

GA 233 06 23

6.

180 Day Coverage For Newly Formed
Or Acquired Organizations
Section II - Who Is An Insured is
amended as follows:

Subparagraph a. of Paragraph 3. is replaced by the following:

a.

While rented to you, or
temporarily occupied by
you with permission of
the owner;

b. In the case of damage

Medical Payments
The Medical Expense Limit of Any One
Person as shown in the Declarations is
amended to the limit shown in Section B.
Limits Of Insurance, 5. Medical Payments
of this endorsement.

(1) Paragraph 6. of Section III - Lim-

6.

Paragraph 1.b. is replaced by the following:

7.

Coverage under this provision is afforded only until the 180th day after
you acquire or form the organization
or the end of the policy period,
whichever is earlier;

Waiver Of Subrogation
Section IV - Commercial General Liability Conditions, 8. Transfer Of Rights Of
Recovery Against Others To Us is
amended by the addition of the following:

We waive any right of recovery against
any additional insured under this endorsement, because of any payment we
make under this endorsement, to whom
the insured has waived its right of recovery in a written contract, written agreement, written permit or written authorization. Such waiver by us applies only to
the extent that the insured has waived its
right of recovery against such additional
insured prior to loss.

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 11 of 18

8.

Automatic Additional Insured - Specified Relationships
a.

per Paragraph 8.a.(1) of this
endorsement to provide insurance. Such person(s) or
organization(s) are insureds
only with respect to liability
for "bodily injury", "property
damage" or "personal and
advertising injury" caused, in
whole or in part, by your
maintenance, operation or
use of equipment leased to
you by such person(s) or organization(s). A person's or
organization's status as an
additional insured under this
endorsement ends when
their contract or agreement
with you for such leased
equipment ends. However,
this insurance does not apply to any "occurrence"
which takes place after the
equipment lease expires.

The following is added to Section II Who Is An Insured:

(1) Any person(s) or organization(s)
described in Paragraph 8.a.(2) of
this endorsement (hereinafter referred to as additional insured)
whom you are required to add as
an additional insured under this
Coverage Part by reason of a
written contract, written agreement, written permit or written
authorization.

(2) Only the following persons or or-

ganizations are additional insureds under this endorsement,
and insurance coverage provided
to such additional insureds is limited as provided herein:

(a) Managers Or Lessors Of
Premises

(c) Vendors

The manager or lessor of a
premises leased to you you
are required per Paragraph
8.a.(1) of this endorsement
to provide insurance, but only with respect to liability for
"bodily injury", "property
damage" or "personal and
advertising injury" caused, in
whole or in part, by you or
those acting on your behalf
in connection with the ownership, maintenance or use
of that part of the premises
leased to you, subject to the
following additional exclusions:
This insurance does not apply to:

(i) Any "occurrence" which
takes place after you
cease to be a tenant in
that premises;

(ii) Structural

alterations,
new construction or
demolition
operations
performed by or on behalf of such additional
insured.

(b) Lessor Of Leased Equipment
Any person(s) or organization(s) from whom you lease
equipment you are required

GA 233 06 23

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Any person or organization
(referred to below as vendor) you are required per
Paragraph 8.a.(1) of this endorsement to provide insurance, but only with respect
to liability for "bodily injury"
or "property damage" arising
out of "your products" which
are distributed or sold in the
regular course of the vendor's business, subject to
the following additional exclusions:

(i) The insurance afforded

the vendor does not
apply to:

1) "Bodily injury" or

"property damage"
for which the vendor is obligated to
pay damages by
reason of the assumption of liability
in a contract or
agreement.
This
exclusion does not
apply to liability for
damages that the
vendor would have
in the absence of
the contract or
agreement;

2) Any express warranty unauthorized
by you;

Page 12 of 18

3) Any

physical or
chemical change in
the product made
intentionally by the
vendor;

ever, this exclusion
does not apply to:

a)

4) Repackaging,

except when unpacked solely for
the purpose of inspection, demonstration, testing, or
the substitution of
parts under instructions from the
manufacturer, and
then repackaged in
the original container;

b) Such

inspections, adjustments, tests or
servicing
as
the vendor has
agreed
to
make or normally
undertakes to make
in the usual
course
of
business,
in
connection
with the distribution or sale
of the products.

5) Any failure to make

such inspections,
adjustments, tests
or servicing as the
vendor has agreed
to make or normally undertakes to
make in the usual
course of business, in connection
with the distribution
or sale of the
products;

(ii) This insurance does not
apply to any insured
person or organization:

1) From whom you

have
acquired
such products, or
any ingredient, part
or container, entering into, accompanying or containing
such products; or

6) Demonstration, in-

stallation, servicing
or repair operations, except such
operations
performed at the vendor's premises in
connection with the
sale of the product;

2) When liability in-

cluded within the
"productscompleted operations hazard" has
been excluded under this Coverage
Part with respect to
such products.

7) Products which, after distribution or
sale by you, have
been labeled or relabeled or used as
a container, part or
ingredient of any
other thing or substance by or for the
vendor; or

8)

GA 233 06 23

"Bodily injury" or
"property damage"
arising out of the
sole negligence of
the vendor for its
own acts or omissions or those of
its employees or
anyone else acting
on its behalf. How-

The
exceptions contained
in Paragraphs
(c)(i)4) or 6) of
this endorsement; or

(d) State Or Governmental
Agency Or Subdivision Or
Political Subdivision Permits Or Authorizations
Relating To Premises

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Any state or governmental
agency or subdivision or political subdivision you are
required
per
Paragraph
8.a.(1) of this endorsement
to provide insurance, subject
to the following additional
provision:

Page 13 of 18

This insurance applies only
with respect to the following
hazards for which the state
or governmental agency or
subdivision or political subdivision has issued a permit
or authorization in connection with premises you own,
rent or control and to which
this insurance applies:

vide for such additional insured; and

(c) Does not apply to any person, organization, vendor,
state, governmental agency
or subdivision or political
subdivision,
specifically
named as an additional insured under any other provision of, or endorsement
added to, this Coverage
Part, provided such other
provision or endorsement
covers the injury or damage
for which this insurance applies.

(i) The existence, mainte-

nance, repair, construction, erection or removal
of advertising signs,
awnings, canopies, cellar
entrances,
coal
holes, driveways, manholes, marquees, hoist
away openings, sidewalk vaults, street banners or decorations and
similar exposures;

b.

(ii) The construction, erection or removal of elevators; or

The most we will pay on behalf of the
additional insured is the amount of insurance:

(iii) The ownership, mainte-

(1) Required by the written contract,
written agreement, written permit
or written authorization described
in Paragraph 8.a.(1) of this endorsement. For the purpose of
determining the required amount
of insurance only, we will include
the minimum amount of any Umbrella liability or Excess Liability
coverage required for that additional insured in that written contract, written agreement, written
permit or written authorization; or

nance or use of any elevators covered by this
insurance.

(e) Mortgagee, Assignee Or
Receiver
Any person or organization
you are required per Paragraph 8.a.(1) of this endorsement to provide insurance, but only with respect
to their liability as mortgagee, assignee or receiver
and arising out of the ownership, maintenance or use
of the premises by you.
However, this insurance
does not apply to structural
alterations, new construction
and demolition operations
performed by or for that person or organization.

(3) The insurance afforded to additional insureds described in Paragraph 8.a.(1) of this endorsement:

(a) Only applies to the extent
permitted by law;

(b) Will not be broader than that

which you are required by
the written contract, written
agreement, written permit or
written authorization to pro-

GA 233 06 23

With respect to the insurance afforded to the additional insureds described in Paragraph 8.a.(1) of this
endorsement, the following is added
to Section III - Limits Of Insurance:

(2) Available under the applicable
limits of insurance;

whichever is less.
This endorsement shall not increase
the applicable limits of insurance.

c.

Section IV - Commercial General
Liability Conditions is amended to
include the following:

Automatic Additional Insured Provision
This insurance applies only if the
"bodily injury" or "property damage"
occurs, or the "personal and advertising injury" offense is committed:

(1) During the policy period; and
(2) Subsequent to your execution of

the written contract or written
agreement, or the issuance of a

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 14 of 18

written permit or written authorization, described in Paragraph
8.a.(1).

d.

pay in any one "occurrence" regardless of the number of:

(a) Insureds;

Section IV - Commercial General
Liability Conditions is amended as

(b) Claims

made
brought; or

follows:

Condition 4. Other
amended to include:

Insurance

or organizations
making claims or bringing
"suits".

(2) Deductible Clause
(a) Our obligation to pay dam-

This insurance is primary to and will
not seek contribution from any other
insurance available to an additional
insured per Paragraph 8.a.(1) of this
endorsement provided that:

ages on your behalf applies
only to the amount of damages for each "occurrence"
which are in excess of the
Deductible Amount shown in
Section B. Limits Of Insurance, 9. Property Damage
To Borrowed Equipment of
this endorsement. The limits
of insurance will not be reduced by the application of
such deductible amount.

(1) The additional insured is a

Named Insured under such other
insurance; and

(2) You have agreed in writing in a

contract, agreement, permit or
authorization described in 8.a.(2)
of this endorsement that this insurance would be primary and
would not seek contribution from
any other insurance available to
the additional insured.

(b) Section IV - Commercial

General Liability Conditions,
2. Duties In The Event Of
Occurrence, Offense, Claim
Or Suit, applies to each
claim or "suit" irrespective of
the amount.

Property Damage To Borrowed Equipment
a.

The following is added to Exclusion
2.j. Damage To Property under Section I - Coverage A - Bodily Injury And
Property Damage Liability:

(c) We may pay any part or all

of the deductible amount to
effect settlement of any
claim or "suit" and, upon notification of the action taken,
you shall promptly reimburse us for such part of the
deductible amount as has
been paid by us.

Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are
not being used to perform operations
at the time of loss.

b.

With respect to the insurance provided by this section of the endorsement, the following additional provisions apply:

(1) The Limits of Insurance shown in

the Declarations are replaced by
the limits shown in Section B.
Limits Of Insurance, 9. Property
Damage To Borrowed Equipment of this endorsement with
respect to coverage provided by
this endorsement. These limits
are inclusive of and not in addition to the limits being replaced.
The Limits of Insurance shown in
Section B. Limits Of Insurance,
9. Property Damage To Borrowed Equipment of this endorsement fix the most we will

GA 233 06 23

"suits"

(c) Persons

is

Primary And Noncontributory Insurance

9.

or

10. Employees As Insureds - Specified
Health Care Services And Good Samaritan Services
Paragraph 2.a.(1)(d) under Section II Who Is An Insured does not apply to:

1)

Your "employees" who provide professional health care services on your
behalf as a duly licensed nurse,
emergency medical technician or
paramedic in the jurisdiction where an
"occurrence" or offense to which this
insurance applies takes place; or

2)

Your "employees" or "volunteer workers", other than an employed or volunteer doctor, providing first aid or
good samaritan services during their
work hours for you will be deemed to
be acting within the scope of their

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 15 of 18

employment by you or performing duties related to the conduct of your
business.

11. Broadened Notice Of Occurrence
Paragraph a. of Condition 2. Duties In

The Event Of Occurrence, Offense,
Claim Or Suit under Section IV - Commercial General Liability Conditions is
replaced by the following:

a.

You must see to it that we are notified
as soon as practicable of an "occurrence" or an offense which may result
in a claim. To the extent possible, notice should include:

(1) How, when and where the "occurrence" or offense took place;

(2) The names and addresses of

any injured persons and witnesses; and

guish or mental injury, including care,
loss of services or death resulting
from any of these at any time.

14. Expected Or Intended Injury Redefined
The last sentence of Exclusion 2.a. Expected Or Intended Injury under Sec-

tion I - Coverage A - Bodily Injury And
Property Damage Liability is replaced by
the following:

This exclusion does not apply to "bodily
injury" or "property damage" resulting from
the use of reasonable force to protect persons or property.

15. Former Employees As Insureds
The following is added to Paragraph 2.
under Section II - Who Is An Insured:

2.

Any of your former "employees", directors, managers, members, partners or "executive officers", including
but not limited to retired, disabled or
those on leave of absence, but only
for acts within the scope of their employment by you or for duties related
to the conduct of your business.

(3) The nature and location of any
injury or damage arising out of
the "occurrence" or offense.

This requirement applies only when
the "occurrence" or offense is known
to any insured listed under Paragraph
1. of Section II - Who Is An Insured or
any "employee" authorized by you to
give or receive notice of an "occurrence" or offense.

12. Nonowned Aircraft
The following is added to Exclusion 2.g.
Aircraft, Auto Or Watercraft under Sec-

tion I - Coverage A - Bodily Injury And
Property Damage Liability:

This exclusion does not apply to an aircraft you do not own, provided that:

a.

Each of the following is also an insured:

16. Voluntary Property Damage Coverage
a.

Section I - Coverages is amended to
include the following:

COVERAGE D - VOLUNTARY
PROPERTY DAMAGE COVERAGE
(1) Insuring Agreement
(a) We will pay the cost to re-

The pilot in command holds a current
effective certificate, issued by a duly
constituted authority of the United
States of America or Canada, designating that person as a commercial or
airline transport pilot;

b. The aircraft is rented with a trained,
paid crew; and

c.

The aircraft does not transport persons or cargo for a charge.

13. Bodily Injury Redefined
Section V - Definitions, 3. "Bodily injury"
is replaced by the following:

3.

"Bodily injury" means bodily harm or
injury, sickness, disease, disability,
humiliation, shock, fright, mental an-

GA 233 06 23

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

pair or replace "property
damage" to property of others arising out of operations
incidental to your business
when:

1)

Damage is caused by
you; or

2)

Damage occurs while in
your possession.

At your written request, we
will make this payment regardless of whether you are
at fault for the "property
damage".
If you, at our request, replace, or make any repairs
to, damaged property of
others, the amount we will
pay under Voluntary Proper-

Page 16 of 18

ty Damage Coverage will be
determined by your actual
cost to replace or repair the
damaged property, excluding any profit or overhead.

As used in this definition,
electronic data means information, facts or programs, stored as or on, created or used on, transmitted
to or from computer software, including systems and
applications software, hard
or floppy disks, CD-ROMs,
tapes, drives, cells, data
processing devices or any
other media which are used
with electronically controlled
equipment.

Any payment we make under
Voluntary
Property
Damage Coverage shall not
be interpreted as an admission of liability by you or by
us.
It shall be your duty, not our
duty, to defend any claim or
"suit" to which this insurance
applies.

b.

No other obligation or liability to pay sums or perform
acts or services is covered.

For purposes of the coverage provided by Care, Custody Or Control Liability Coverage in this endorsement
only:

(b) This insurance applies to
"property damage" only if:

1)

The "property damage"
takes place in the "coverage territory"; and

2)

The "property damage"
occurs during the policy
period.

(1) Section I - Coverage A - Bodily

Injury And Property Damage Liability, 2. Exclusions, j. Damage
To Property, Paragraphs (3), (4)
and (5) do not apply to "property
damage" to the property of others described therein.

(2) It shall be your duty, not our duty,

(2) Exclusions

to defend any claim or "suit" to
which this insurance applies.

This insurance does not apply to
"property damage" that would be
excluded by Coverage A - Bodily
Injury And Property Damage Liability, 2. Exclusions, except for j.
Damage To Property, Paragraphs (3), (4), (5) and (6), k.
Damage To Your Product, and l.
Damage To Your Work.

No other obligation or liability to
pay sums or perform acts or services is covered.
This Paragraph (2) supersedes
any provision in the Coverage
Part to the contrary.

(3) "Property damage" for which

Care, Custody Or Control Liability Coverage provides coverage
shall be deemed to be caused by
an "occurrence" but shall not
serve to limit or restrict the applicability of any exclusion for
"property damage" under this
Coverage Part.

(3) Definitions
For purposes of Voluntary Property Damage Coverage only, the
following definitions under Section V - Definitions are replaced
by the following:

13. "Occurrence" means an in-

cident, including continuous
or repeated exposure to
substantially the same general harmful conditions that
result in "property damage".

17. "Property damage" means
physical injury to tangible
property. Electronic data is
not tangible property, and
"property damage" does not
include disappearance, abstraction or theft.

GA 233 06 23

Care, Custody Or Control Liability
Coverage

c.

Limits Of Insurance And Deductibles
For purposes of the coverage provided by Voluntary Property Damage
Coverage and Care, Custody Or Control Liability Coverage, Section III Limits Of Insurance is amended to
include the following:

(1) The Limits of Insurance shown in

the Declarations are replaced by
the limits shown in Section B.

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 17 of 18

Limits Of Insurance, 16. Voluntary Property Damage Coverage
and Care, Custody Or Control
Liability Coverage in this endorsement. These limits are inclusive of, and not in addition to,
the limits being replaced. The
Limits of Insurance shown in the
Schedule fix the most we will pay
regardless of the number of:

which are in excess of the
Deductible Amount shown in
Section B. Limits Of Insurance, 16. Voluntary Property
Damage
Coverage
and
Care, Custody Or Control
Liability Coverage. The limits of insurance will not be
reduced by the application
of such Deductible Amount.

(a) Insureds;

(b) Section IV - Commercial

or organizations
making claims or bringing
"suits".

General Liability Conditions,
2. Duties In The Event Of
Occurrence, Offense, Claim
Or Suit, applies to each
claim or "suit" irrespective of
the amount.

(2) (a) Subject to (3) below, the

(c) We may pay any part or all

(b) Claims

made
brought; or

or

"suits"

(c) Persons

of the Deductible Amount to
effect settlement of any
claim or "suit" and, upon notification of the action taken,
you shall promptly reimburse us for such part of the
Deductible Amount as has
been paid by us.

Voluntary Property Damage
Coverage Each Occurrence
Limit Of Insurance is the
most we will pay for the sum
of damages under Voluntary
Property Damage Coverage;

(b) The Care, Custody Or Con-

trol Liability Coverage Each
Occurrence Limit Of Insurance is the most we will pay
for the sum of damages under Care, Custody Or Control Liability Coverage;

because of all "property damage"
arising out of any one "occurrence".

(3) The Voluntary Property Damage
Coverage, Aggregate Limit Of
Insurance is the most we will pay
for the sum of all damages under
Voluntary
Property
Damage
Coverage. This limit applies separately to each "coverage term".

(4) Deductible Clause
(a) Our obligation to pay dam-

17. Broadened Contractual Liability - Work
Within 50' Of Railroad Property
Section V - Definitions, 9. "Insured contract" is amended as follows:

a.

Paragraph c. is replaced by the following:

c.
b.

Any easement or license agreement;

Paragraph f.(1) is deleted in its entirety.

18. Alienated Premises
Exclusion 2.j. Damage To Property, Paragraph (2) under Section I - Coverage A Bodily Injury And Property Damage Liability does not apply if the premises are
"your work".

ages on your behalf applies
only to the amount of damages for each "occurrence"

GA 233 06 23

Includes copyrighted material of Insurance
Services Office, Inc., with its permission.

Page 18 of 18

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CinciPlus®
BUSINESS AUTO XC+®
(EXPANDED COVERAGE PLUS)
ENDORSEMENT
This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.

A. Blanket Waiver of Subrogation
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of
Rights of Recovery Against Others to Us is
amended by the addition of the following:

We waive any right of recovery we may have
against any person or organization because of
payments we make for “bodily injury” or “property damage” arising out of the operation of a
covered “auto” when you have assumed liability for such “bodily injury” or “property damage” under an “insured contract”, provided the
“bodily injury” or “property damage” occurs
subsequent to the execution or the “insured
contract”.

This provision does not apply unless the valid
written contract has been:

1.

Executed prior to the accident causing
“bodily injury” or “property damage”; and

2.

Is still in force at the time of the “accident”
causing “bodily injury” or “property damage”.

D. Employee Hired Auto
1.

The following is added to the SECTION II

- COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured:

B. Noncontributory Insurance

An “employee” of yours is an “insured”
while operating an “auto” hired or rented
under a contract or agreement in that
“employee's” name, with your permission,
while performing duties related to the
conduct of your business.

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance c. is deleted in its entirety and replaced by the following:

c.

Regardless of the provisions of Paragraph a. above, this Coverage
Form's Liability Coverage is primary
and we will not seek contribution
from any other insurance for any liability assumed under an “insured
contract” that requires liability to be
assumed on a primary noncontributory basis.

C. Additional Insured by Contract
SECTION II - COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 1. Who is an Insured is amended to include as an insured

Changes in Liability Coverage

2.

Changes in General Conditions
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5.
Other Insurance is deleted in its entirety
and replaced by the following:

b.

For Hired Auto Physical Damage
Coverage the following are deemed
to be covered “autos” you own:

(1) Any covered “auto” you lease,
hire, rent or borrow; and

(2) Any covered “auto” hired or

any person or organization for whom you have
agreed in a valid written contract to provide insurance as afforded by this policy.
This provision is limited to the scope of the
valid written contract.

AA 288 01 24

Includes copyrighted material of ISO
Properties, Inc., with its permission.

rented by your “employee” under
a contract in that individual “employee's” name, with your permission, while performing duties
related to the conduct of your
business.

Page 1 of 4

However, any “auto” that is leased,
hired, rented or borrowed with a driver
is not a covered “auto”.

a.

Is effective on the date of acquisition
or formation, and is afforded for 180
days after such date;

E. Audio, Visual and Data Electronic Equipment

b.

Does not apply to “bodily injury” or
“property damage” resulting from an
“accident” that occurred before you
acquired or formed the organization;

c.

Does not apply to any newly acquired
or formed organization that is a joint
venture or partnership; and

d.

Does not apply to an insured under
any other automobile liability policy or
would be an insured under such a
policy but for the termination of such
policy or the exhaustion of such policy's limits of insurance.

SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1.b. is deleted in its entirety and replaced by the following:

b.

The most we will pay for all “loss” to audio, visual or data electronic equipment
and any accessories used with this
equipment as a result of any one “accident” is the lesser of:

(1) The actual cash value of the damaged or stolen property as of the time
of the “accident”;

3.

(2) The cost of repairing or replacing the
damaged or stolen property with other property of like kind and quality; or

(3) $2,500.

G. Liability Coverage Extensions - Supplementary Payments - Higher Limits

Provided the equipment, at the time of the
“loss” is:

SECTION II - COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is

(1) Permanently installed in or upon the

amended by:

covered “auto” in a housing, opening
or other location that is not normally
used by the “auto” manufacturer for
the installation of such equipment;

(2) Removable from a permanently installed housing unit as described in
Paragraph (1) above; or

1.

Any subsidiary which is a legally incorporated entity of which you own a financial
interest of more than 50% of the voting
stock on the effective date of this coverage form.
However, the insurance afforded by this
provision does not apply to any subsidiary
that is an “insured” under any other automobile liability policy or would be an “insured” under such policy but for termination of such policy or the exhaustion of
such policy's limits of insurance.

2.

Any organization that is newly acquired or
formed by you and over which you maintain majority ownership. The insurance
provided by this provision:

AA 288 01 24

Replacing the $2,000 Limit of Insurance
for bail bonds with $4,000 in (2); and

2.

Replacing the $250 Limit of Insurance for
reasonable expenses with $500 in (4).

SECTION II - COVERED AUTOS LIABILITY
COVERAGE, B. Exclusions, 5. Fellow Employee is modified as follows:

F. Who is an Insured - Amended

The following are “insureds”:

1.

H. Amended Fellow Employee Exclusion

(3) An integral part of such equipment.
SECTION II - COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following:

Any of your “employees” while using a
covered “auto” in your business or your
personal affairs, provided you do not own,
hire or borrow that “auto”.

Exclusion 5. Fellow Employee is deleted.

I.

Hired Auto - Physical Damage
If hired “autos” are covered “autos” for Liability
Coverage, then Comprehensive and Collision
Physical Damage Coverages as provided under SECTION III - PHYSICAL DAMAGE
COVERAGE of this Coverage Part are extended to “autos” you hire, subject to the following:

1.

The most we will pay for “loss” to any
hired “auto” is $50,000 or the actual cash
value or cost to repair or replace, whichever is the least, minus a deductible.

2.

The deductible will be equal to the largest
deductible applicable to any owned “auto”
for that coverage, or $1,000, whichever is
less.

Includes copyrighted material of ISO
Properties, Inc., with its permission.

Page 2 of 4

3.

Hired Auto - Physical Damage coverage
is excess over any other collectible insurance.

4.

Subject to the above limit, deductible, and
excess provisions we will provide coverage equal to the broadest coverage applicable to any covered “auto” you own insured under this policy.

Coverage includes loss of use of that hired auto, provided it results from an “accident” for
which you are legally liable and as a result of
which a monetary loss is sustained by the
leasing or rental concern. The most we will
pay for any one “accident” is $3,000.
If a limit for Hired Auto - Physical Damage is
shown in the Schedule, then that limit replaces, and is not added to, the $50,000 limit indicated above and the deductibles shown in the
Schedule are applicable.

J.

Rental Reimbursement
SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:
1.

2.

We will pay for rental reimbursement expenses incurred by you for the rental of
an “auto” because of a “loss” to a covered
“auto”. Payment applies in addition to the
otherwise applicable amount of each coverage you have on a covered “auto”. No
deductible applies to this coverage.
We will pay only for those expenses incurred during the policy period beginning
24 hours after the “loss” and ending, regardless of the policy's expiration, with
the lesser of the following number of
days:

a.

b.
3.

4.

5.

We will pay under this coverage only that
amount of your rental reimbursement expenses which is not already provided for
under SECTION III - PHYSICAL DAM-

AGE COVERAGE, A. Coverage, 4.
Coverage Extensions.
K. Transportation Expense - Higher Limits

SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by replacing $30 per day
with $50 per day, and $900 maximum with
$1,500 maximum in Extension a. Transportation Expenses.

L. Airbag Coverage
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a. is amended by
adding the following:

However, the mechanical and electrical
breakdown portion of this exclusion does not
apply to the accidental discharge of an airbag.
This coverage for airbags is excess over any
other collectible insurance or warranty.

M. Loan or Lease Gap Coverage
1.

SECTION III - PHYSICAL DAMAGE
COVERAGE, C. Limits of Insurance is

deleted in its entirety and replaced by the
following, but only for private passenger
type “autos” with an original loan or lease,
and only in the event of a “total loss” to
such a private passenger type “auto”:

a.

The most we will pay for “loss” in any
one “accident” is the greater of:

(1) The amount due under the terms

The number of days reasonably required to repair the covered “auto”. If
“loss” is caused by theft, this number
of days is added to the number of
days it takes to locate the covered
“auto” and return it to you; or
30 days.

Our payment is limited to the lesser of the
following amounts:

of the lease or loan to which
your covered private passenger
type “auto” is subject, but will not
include:

(a) Overdue lease or loan payments;

(b) Financial penalties imposed
under the lease due to high
mileage, excessive use or
abnormal wear and tear;

a.

Necessary and actual expenses incurred; or

(c) Security deposits not re-

b.

$50 per day.

(d) Costs for extended warran-

This coverage does not apply while there
are spare or reserve “autos” available to
you for your operations.

funded by the lessor;

ties, Credit Life Insurance,
Health, Accident or Disability Insurance purchased
with the loan or lease; and

(e) Carry-over balances from
previous loans or leases, or

AA 288 01 24

Includes copyrighted material of ISO
Properties, Inc., with its permission.

Page 3 of 4

(2) Actual cash value of the stolen
or damaged property.

b.

2.

An adjustment for depreciation and
physical condition will be made in determining actual cash value at the
time of “loss”.

SECTION V - DEFINITIONS is amended
by adding the following, but only for the
purposes of this Loan or Lease Gap
Coverage:

“Total loss” means a “loss” in which the
cost of repairs plus the salvage value exceeds the actual cash value.

N. Glass Repair - Waiver of Deductible

4.

A member or manager, if you are a limited liability company.

P. Unintentional Failure to Disclose Hazards
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation or Fraud is
amended by adding the following:

However, if you unintentionally fail to disclose
any hazards existing on the effective date of
this Coverage Form, we will not deny coverage under this Coverage Form because of
such failure.

Q. Mental Anguish Resulting from Bodily Injury

SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding

SECTION V - DEFINITIONS, C. “Bodily injury” is deleted in its entirety and replaced by

No deductible applies to glass damage if the
glass is repaired in a manner acceptable to us
rather than replaced.

“Bodily injury” means bodily injury, sickness or
disease sustained by a person, including mental anguish and death sustained by the same
person that results from such bodily injury,
sickness or disease. “Bodily injury” does not
include mental anguish or death that does not
result from bodily injury, sickness or disease.

the following:

O. Duties in the Event of an Accident, Claim,
Suit or Loss - Amended
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties in the
Event of Accident, Claim, Suit or Loss, a. is
amended by adding the following:

This condition applies only when the “accident” or “loss” is known to:

the following:

R. Coverage for Certain Operations in Connection with Railroads
With respect to the use of a covered “auto” in
operations for or affecting a railroad:

1.

SECTION V - DEFINITIONS, H. “Insured
contract”, 3. is deleted in its entirety and

1.

You, if you are an individual;

2.

A partner, if you are a partnership;

replaced by the following:

3.

An executive officer or insurance manager, if you are a corporation; or

3.

AA 288 01 24

2.

An easement or license agreement;

SECTION V - DEFINITIONS, H. “Insured
contract”, 6.a. is deleted.

Includes copyrighted material of ISO
Properties, Inc., with its permission.

Page 4 of 4

Phone: 406-495-5000 | Email: [email protected] | Website: montanastatefund.com
Mailing Address: P.O. Box 4759 Helena MT 59604-4759

KERNOW INC
5514 KING AVE E
BILLINGS MT 59101

Policy #: 03-616073-3
Team:
Premier
Date:
04/08/2026

Policy Period:
Effective Date of Endorsement:

04/10/2026 - 04/10/2027
04/10/2026 - 04/10/2027

WAIVER OF SUBROGATION ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this
policy. We will not enforce our right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the
Schedule. Our waiver of rights does not release your employees’ rights against third parties.
Schedule
BLANKET WAIVER OF SUBROGATION
This agreement applies only to the extent that you perform work under a written contract that
requires you to obtain this agreement from us. Full waiver fee will be applied to your policy
regardless of when added to your policy and will automatically renew upon renewal of your
policy.
Blanket Waiver of Subrogation Fee: $200.00

This endorsement changes the policy to which it is attached and is effective on the date issued
unless otherwise stated.
cc: DREW LEVEAUX

NC300-REV 04/2023
Policy Number: 03-616073-3
Issue Date:04/08/2026
Portions copyrighted © 1983 National Council on Compensation Insurance Inc. Reprinted with permission.

Page 1 of 1