This Agreement between the MONTANA DEPARTMENT OF TRANSPORTATION (hereinafter called "MDT" or “AGENCY”) and enter text of enter text (hereinafter called "REVIEWER", “PARTY” or “CONTRACTOR”) is for the purpose of providing appraisal review services to MDT. That in consideration of mutual covenants and stipulations set forth herein, the parties agree as follows:

SECTION I: PROPERTY TO BE APPRAISED

Upon execution, and as of the effective date, of this Agreement the Appraiser shall commence work on the following described property(ies) for the purpose of appraising Choose an item. for MDT pursuant to the attached Scope of Work:

Project No: [Project No.]	Project ID: [Project ID]
Designation: [Designation]	Parcel No.: [Parcel No.]
Appraiser: enter text
Assignment Date: choose date	Due Date: choose date

SECTION II: EFFECTIVE DATE AND PERIOD OF PERFORMANCE

1.	Upon execution of this Agreement by both parties, the effective date of the Agreement will be the date of the last signature below.

2.	This Agreement shall continue in force until one year after the appraisal assignment has been reviewed and accepted by the MDT Right-of-Way Bureau, subject to the provisions of Section III (3). The Appraiser agrees to complete the appraisal assignment by submitting to MDT all appraisals, determinations of value, project report, sales catalog, etc., required by this Agreement no later than enter a date..

3.	Time is of the essence. The Appraiser realizes that an entire MDT project may be delayed if this appraisal

assignment is delayed. Any requests for extensions or alterations to this Agreement by the Appraiser shall be in

writing and have the written approval of MDT.

4.	MDT reserves the option to extend this Agreement for one (1) year periods up to a maximum of seven (7) years in order to complete the appraisal assignment covered by this Agreement.

SECTION III: CONSIDERATION

1.	Upon successful completion of the appraisal review assignment, MDT will pay the Reviewer for the appraisal review services provided as follows:

Parcel Number	Review Complexity Level	Type	Price (In dollars)	For MDT Payment Tracking Use Only
Initial Payment	Final Payment
Amount	Date	Amount	Date
enter text	Choose an item	Choose an item	enter text
Total	$enter text

2.	Payment for appraisal services as specified in paragraph 1 of this Section will be subject to a compliance check by MDT. For the Appraiser to receive payment, the appraisal assignment must comply with this Agreement and Chapter 3 of the MDT Right of Way Manual. An Initial payment of 50% of the parcel price shall be made upon delivery of each parcel appraisal to MDT. The Final payment of the remaining balance for each parcel price shall be made upon a review and approval of each parcel appraisal by MDT.

The Appraiser shall provide separate billing for each claim for payment.

3.	Additional Consideration Associated with Expert Witness Testimony:

Appraiser understands and agrees that he/she may be called upon to provide appraisal testimony in the event of litigation. In such an event, the above-stated expiration date of this Agreement will automatically be extended for an additional three (3) years or until the completion of the litigation, whichever occurs first. The Appraiser’s involvement may include updating the appraisal, preparing for and giving a deposition, assisting MDT attorneys to prepare for depositions of other value witnesses, assisting MDT attorneys in preparing for trial, and actual trial testimony. The Appraiser will submit claims for payment for such additional work on a monthly basis, detailing the hours worked each day and the work performed, or the allowable expenses accrued each day.

Compensation for pretrial preparation, conferences, field inspection or other activities, other than actual testimony, shall be billed to MDT at the rate of $enter text per hour.

B.	Compensation for time providing testimony as an Expert Witness shall be billed to MDT at the rate of $enter text per hour.

C.	When travel is required for pretrial activities or to provide testimony the Appraiser shall bill MDT for actual expenses incurred for food and lodging, providing original receipts along with a summary of the billing.

D.	When travel is required for pretrial activities or to provide testimony the Appraiser shall bill MDT for vehicle mileage at the rate of $enter text per mile.

4.	MDT will pay/reimburse for allowable expenses such as those expenses which are incurred to obtain Contractor or Engineering estimates to establish values for replacement/reproduction cost estimates, cost to cure items, or specialty appraisal reports to accomplish the overall appraisal assignment. The Appraiser may pay for these allowable expenses and seek reimbursement from MDT, or have the Provider submit a bill for these allowable expenses directly to MDT. These provisions are subject to Chapter 3 in the MDT Right of Way Manual.

5.	Except as outlined herein, the fee charged for this appraisal assignment includes all direct labor, payroll, overhead, transportation, food, lodging, materials, costs normally required for performance of this assignment, and reasonable profit. No additional fees or charges, not herein mentioned, will be allowed without prior written approval of MDT.

SECTION IV: SCOPE OF WORK GENERAL APPRAISAL SPECIFICATIONS

SECTION A: GENERAL APPRAISAL SPECIFICATIONS

Appraisals will be in conformance with applicable professionally accepted standards for appraisal reporting. Specifically, the Appraiser will also comply with the Uniform Appraisal Standards for Federal Land Acquisition (UASFLA), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Chapter 3, Appraisal, of the Montana Department of Transportation Right of Way Manual (MDTRWM) and Montana State law as they apply to this assignment.

The Appraiser must make a detailed field inspection of each subject parcel and comparable property. The Appraiser must make such an investigation and studies as are appropriate and necessary to enable the Appraiser to derive sound conclusions and to prepare the appraisal report(s) to be furnished for each parcel assigned.

Date of value for each appraisal report shall be the date the property was last inspected by the appraiser.

When adjustments are made between comparable sales and the property appraised, the basis for the adjustments must be shown in sufficient detail to allow a reader/user, and/or a reviewer, to judge their validity and acceptability. To the greatest extent possible, adjustments must be supported by market conditions using quantitative techniques. Elements which cannot be supported with market data, but which would affect the valuation, must be identified and an explanation provided as to their relative impact to the valuation of the subject using qualitative techniques.

For the income and cost approaches, all cost and income values estimated must be supported by data and the sources identified. The methods used to determine capitalization rates, accrued depreciation, specific depreciation rates, source of cost information and specific cost details must be discussed with computations and comparisons shown.

The Appraiser must interpret and reconcile the estimates of value stating the reason why one or more of the conclusions reached are the best indications of current fair market value of the subject property. When more than one approach to value is used to indicate the value of the subject, a single final value estimate must be reached.

When appropriate an "After" appraisal must contain the same elements as the "Before" appraisal. In some cases, completely different market data may be required that which was used for the "Before" appraisal. General data ("boiler plate") may not be required in the "After" portion of the appraisal but factual data and new valuation information should be developed, when appropriate.

SECTION B: SPECIFIC APPRAISAL SPECIFICATIONS

This appraisal assignment is to be completed using the following format(s):

Parcel No.: enter text	Type of Appraisal Format: enter text

NOTE: If, after investigation, the Appraiser finds that the format established is not appropriate for addressing the valuation they may replace it with a more detailed format with a written amendment of this Scope of Work from the Appraisal Section. In any event the Appraiser is responsible for using an appropriate format so as to avoid a misleading appraisal report.

Specific instructions, comments or flags for individual Parcel(s)

Parcel No.: enter text	enter instructions, comments or flags

SECTION V: TERMINATION OF AGREEMENT

1.	This agreement can be terminated by either party upon 10 days written notice sent to the other party by certified mail.

2.	No payment shall be due the Appraiser when termination is the result of an action of the Appraiser.

3.	When termination is through no fault of the Appraiser, MDT shall pay only for those services rendered to the date notice is received, based on the amount of work completed as a portion of the compensation identified under Section III.

4.	This Agreement may be terminated at any time through written mutual agreement of both parties.

5.	In the event of termination by either party, the Appraiser hereby agrees that all material, information and data related to the appraisal assignment and in the possession of the Appraiser as of the date of termination will become the property of MDT and will be forwarded promptly to the Appraisal Section Supervisor.

6.	Upon termination of this Agreement, MDT may complete the work or may contract with another party to complete the work.

SECTION VI: DISPUTES, REMEDIES AND VENUE

This Agreement shall be governed by the laws of the State of Montana. In the event of litigation concerning the terms of this Agreement, venue shall be in the Montana First Judicial District Court, County of Lewis and Clark.

SECTION VII: WORKERS' COMPENSATION COVERAGE

Appraiser shall maintain Worker’s Compensation Insurance as required by the labor code of the State of Montana. The Appraiser will at all times comply with all applicable worker’s compensation, occupational disease and occupational health and safety laws, statutes, and regulations to the full extent applicable. Appraiser agrees to provide a copy of Contractor’s certificate of coverage or a copy of the Department of Labor’s letter of exemption.

SECTION VIII: INSURANCE REQUIREMENTS

The Appraiser shall indemnify and hold harmless the Agency from and against any and all claims, demands, or actions for damages to property or injury to persons or other damage to persons or entities arising out of, or resulting from the Appraiser’s performance of this agreement, including, but not limited to, damages, costs, and attorney fees, provided such damage to property or injury to persons is caused in whole or in part by the negligence, act, error or omission of the Appraiser or the Appraiser’s employees, agents, representatives, consultants, or subcontractors.

The Appraiser shall procure and maintain at his/her own cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this appraisal assignment by the Appraiser or the Appraiser’s employees, agents, representatives, consultants, or subcontractors. This insurance shall provide the minimum limits as follows:

Minimum Limits of Insurance - Liability Coverage

Type of Insurance	Combined Single Limit Per Occurrence	Aggregate Single Limit Per Occurrence
General Liability	$1,000,000	$2,000,000
Auto Liability	$1,000,000	$2,000,000
Professional Liability.	$500,000	$1,000,000

SECTION IX: CHANGES IN APPRAISAL ASSIGNMENT

1.	MDT may, by written notice, require changes in the scope and character of the work to be performed as part of the appraisal assignment.

2.	Where these changes are relatively minor in nature and are not the fault of the Appraiser, the Appraiser and MDT may agree to additional compensation and additional time for completing the work. Said agreement must be in writing prior to any work being undertaken and shall become an addendum to this Agreement.

3.	Where the changes involved are of major consequence and are not the fault of the Appraiser, MDT:

A.	may cancel this Agreement as provided under Section IV; or

B.	may request, by written notice, renegotiation of this Agreement to address the appraisal assignment modifications.

4.	Where these changes are required as a result of the Appraiser’s error or oversight, no additional compensation shall be made. The Appraiser agrees to provide the requested changes within fifteen (15) days from the date of said request.

SECTION X: KEY PERSONNEL

1.	All appraisal services associated with this assignment, other than clerical, will be performed by:

enter text

2.	It is understood and agreed that only the person(s) identified in paragraph 1 of this Section will perform the appraisal review services required for completion of this assignment. Substitution or addition of any personnel may only take place with the express written permission of MDT which will become an addendum to this Agreement.

3.	Use of personnel, other than any identified under paragraph 1 of this Section, may result in the termination of this Agreement without further recourse.

SECTION XI: MDT LIAISON AND CONTRACT APPROVAL AUTHORITY

1.	MDT has designated the Appraisal Section Manager as its liaison officer to whom the Appraiser is to direct Choose an item. communication concerning appraisal questions relating to policy and procedures outlined in Chapter 3 of the MDT Right-of-Way manual.

2.	MDT has designated the Chief, Right-of-Way Bureau as having contract approval authority for this agreement. Any and all revisions to this agreement must be approved by the Chief, Right-of-Way Bureau.

SECTION XII: ACCREDITATION OR LICENSE BY STATE OR FEDERAL AGENCIES

The Appraiser hereby certifies that all work on this appraisal assignment shall be performed by personnel currently certified or licensed through the State of Montana to perform such work.

SECTION XIII: SERVICE PERFORMANCE

1.	The Appraiser understands and agrees that all appraisal(s) must be submitted in accordance with the appraisal form indicated within the Scope of Work and must clearly show the Market Value of the parcel(s) covered by this Agreement.

2.	The Appraiser understands and agrees that this appraisal assignment shall comply with this Agreement and Chapter Three (3) of the MDT Right of Way Manual. This Agreement shall continue in force until one year after the appraisal assignment has been accepted by the MDT Right-of-Way Bureau, subject to the provisions of Section III(3). The Appraiser agrees to complete the appraisal assignment by submitting an electronic copy to MDT of all appraisal reports required by this Agreement no later than choose a date.

3.	The Appraiser hereby certifies that they are familiar with and will comply with Chapter 3 of the MDT Right of Way Manual when performing this appraisal assignment.

4.	The Appraiser understands and agrees that an independent estimate of value is sought in each appraisal, and if other persons are employed to value the same parcel, the Appraiser shall not discuss or otherwise exchange valuation information with them that would disclose or tend to reveal either person's judgment of value to the other.

5.	The Appraiser agrees to correct or revise any errors, omissions, or other deficiencies in the appraisal assignment, which will be indicated by MDT in writing, without additional compensation. The Appraiser agrees to provide the requested changes to MDT within fifteen (15) days from the date of said agreement.

6.	Occasionally, the MDT or the Appraiser will obtain information such as trade secrets for which the individual supplying the information makes a claim of confidentiality or privilege. The Appraiser agrees that such information will be used only for this appraisal assignment and will not be disseminated to the public or used in other appraisals.

7.	The Appraiser agrees to retain any and all books, documents, papers, and records pertaining to or resulting from this Agreement for at least a period of five years after the final payment under this agreement. The Appraiser agrees that any duly authorized representative of MDT, the State of Montana, or the Federal Highway Administration, in the official conduct of its business shall be afforded the fullest cooperation in the examination of these documents.

SECTION XIIII: NONDISCRIMINATION PROVISIONS

The Contractor must, in the performance of this Agreement, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Addendum A, MDT Nondiscrimination and Disability Accommodation Notice, is incorporated into this Agreement and during the performance of this Agreement, Contractor for itself, its assignees, and successors in interest, agrees to adhere to the contents of Addendum A.

SECTION XV: DBE REQUIREMENTS

MDT encourages and supports small business participation in transportation contracts through the Small Business Enterprise (SBE) Program and the Disadvantaged Business Enterprise (DBE) Program. MDT’s agency-wide FHWA approved DBE race-neutral goal is 6.3%. While no project-specific goal applies to this Contract, the Contractor is encouraged to seek certification or make a good faith effort to contribute to meeting the goal.

The Department's DBE directory may be found at the following website:

http://app.mdt.mt.gov/ess.dbe

The Department has a quick and easy way for you to request quotes from Montana DBE-certified companies. The information goes to the DBE companies that same day. The on-line form is located at the following website: https://app.mdt.mt.gov/dbeqt/.

DBE TRACKING. Submit payment information (including subcontractor paid, amount paid, and date paid) for all subcontracts to the MDT Office of Civil Rights. No later than thirty (30) days from receipt of payment from MDT to Contractor for invoiced subcontractor services, Contractor shall pay subcontractor for satisfactory performance of their subcontracts. Identify any payments that have been withheld from subcontractors.

SECTION XVI: INDEPENDENT CONTRACTOR STATUS

1.	Under the terms of this agreement the parties intend that the Appraiser is to be an independent contractor. No agent, employee, or servant of the Appraiser is or shall be deemed to be the employee, agent, or servant of MDT. As an independent contractor the Appraiser will be solely and entirely responsible for the acts of its employees, agents, servants, and subcontractors during the performance of this Agreement.

2.	No benefits provided by MDT to its employees, including but not limited to unemployment and worker's compensation insurance, are or will be available to the Reviewer's employees, agents, servants, or subcontractors from MDT.

3.	Neither the United States of America nor any of its departments, agencies, or employees is or will be a party to this Agreement.

SECTION XVII: INDEMNIFICATION

1.	The Appraiser agrees to protect, defend, and save MDT, the state, its officials, agents, and employees, while acting within the scope of its duties as such, harmless from and against all claims, demands, damages, losses, judgements, and causes of action of any kind or character. This includes the cost of defense thereof, arising in favor of the Appraiser's employees or third parties on account of bodily or personal injuries, death, of damage to property arising out of services performed, nonperformance of services, goods or rights to intellectual property provided, omissions of services, or in any way resulting from the acts or omissions of the Appraiser and/or the Appraiser's agents, employees, subcontractors or its representatives under this Agreement.

2.	The Appraiser will comply with all federal, state and local statutes, laws, regulations, or ordinances applicable to completing the appraisal assignment under this Agreement; and will defend MDT, the state, its officials, agents and employees in any suit arising from any violation of a statute, law, regulation, or ordinance attributed to the Appraiser and/or the Appraiser's agents, employees, subcontractor or its representatives under this Agreement.

3.	The Appraiser agrees that they are financially responsible (liable) for any audit exception or other financial loss to the State of Montana which occurs due to negligence, intentional acts, or failure for any reason, to comply by the Appraiser and/or their agents, employees, subcontractor, or representatives with the terms of the contract.

4.	The Appraiser agrees to defend the appraisal(s) in court as necessary and will update any such appraisal(s), upon the request of MDT.

SECTION XVIII: SEVERABILITY

1.	If any term or provision of this Agreement is held to be illegal or in conflict with any Montana or United States of America statute by a court of law, the validity of the remaining terms and provisions of the Agreement shall not be affected and will remain in force. The rights and obligations of MDT and the Appraiser shall be construed and enforced as if the Agreement did not contain the particular item or provision, which was identified as invalid.

2.	Provisions of this Agreement which include limitations of liability and indemnities shall survive any termination of this Agreement for any cause, notwithstanding any applicable Montana or United States of America statute of limitations.

SECTION XIX: GENERAL PROVISIONS

1.	The Appraiser hereby certifies that they have no direct or indirect, present or contemplated, personal interest in the property(ies) covered by this Agreement and will in no way benefit from the acquisition of the property(ies) by MDT, or from the appraisal there of, except for the fees charged as outlined in this Agreement.

2.	It is agreed that this Agreement, or any part thereof, cannot be assigned and is nontransferable.

SECTION XX: ATTACHMENTS

enter text

IN WITNESS WHEREOF, the parties hereto have set their hands to this Agreement.

STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION

enter name, Chief Right-of-Way Bureau	Date

enter name, Manager Appraisal Section	Date

APPRAISER / CONTRACTOR / PARTY

Date

See attached Addendum A

Addendum A

Rev. 01/2022

MDT NONDISCRIMINATION AND

DISABILITY ACCOMMODATION NOTICE

Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter “protected classes”) by its employees or anyone with whom MDT does business:

Federal protected classes	State protected classes
Race, color, national origin, sex, sexual orientation, gender identity, age, disability, income-level & Limited English Proficiency	Race, color, national origin, parental/marital status, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, religion/creed, social origin or condition, genetic information, sex, sexual orientation, gender identification or expression, ancestry, age, disability mental or physical, political or religious affiliations or ideas, military service or veteran status, vaccination status or possession of immunity passport

For the duration of this contract/agreement, the PARTY agrees as follows:

Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non- Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

Non-discrimination:

The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement.

The PARTY will provide notice to its employees and the members of the public that it serves that will include the following:

A statement that the PARTY does not discriminate on the grounds of any protected classes.

A statement that the PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA).

Contact information for the PARTY’s representative tasked with handling non- discrimination complaints and providing reasonable accommodations under the ADA.

Information on how to request information in alternative accessible formats.

Rev. 01/2022

In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that the PARTY does not discriminate on the grounds of any protected class.

Participation by Disadvantaged Business Enterprises (DBEs):

If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml

By signing this agreement, the PARTY assures MDT that:

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

The PARTY must include the above assurance in each contract/agreement the PARTY enters.

Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination.

Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to:

Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or

Cancelling, terminating, or suspending the contract/agreement, in whole or in part.

Rev. 01/2022

Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Federal

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not);

Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;

The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

Rev. 01/2022

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).

Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity.

State

Mont. Code Ann. § 49-3-205 Governmental services;

Mont. Code Ann. § 49-3-206 Distribution of governmental funds;

Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.

Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States.