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Commissioners approve contract to pay prior work on Community Resiliency Hub while appeal of EPA grant termination proceeds
Summary
Butte-Silver Bow will place on file a professional services agreement with Water Environmental Technologies to pay invoices for work done under a previously awarded EPA grant that was later terminated; the county is pursuing an appeal and will seek reimbursement from the grant if the appeal succeeds.
Butte-Silver Bow commissioners agreed to place on file a professional services agreement with Water Environmental Technologies (WET) to cover work WET and county staff performed after an EPA award was initially made and before the grant’s termination. The action permits the county to reimburse incurred expenses from grant funds if the EPA reauthorizes reimbursements as part of an appeal process.
Chief Executive Gallagher explained that the EPA’s termination letter allows the county to bill for expenses incurred between the grant award date and the termination date. “So what we're doing is… it allows us to pay them for the work that they did,” Gallagher said, describing both WET’s invoiced work and county staff time that will be tracked and submitted for reimbursement.
Community Development Director Karen Burns confirmed the county has tracked staff time and administrative expenses that were included in the original grant application. “We have incurred some staff time costs associated with this grant,” Burns said, and those costs will be submitted for reimbursement to the EPA if allowable.
Finance and Budget Director Hasler told commissioners that a later budget request for up to $200,000 was an estimate meant to provide budget authority so the county could pay invoices promptly if the grant reimbursement is received. “It was just simply a guess,” Hasler said of the estimate; she emphasized the number was not a county share but a ceiling for budget authority to accommodate possible invoices.
Chief Executive Gallagher said the county, represented by counsel Dorsey & Whitney, is preparing an appeal letter to the EPA and believes it has “very good standing” on appeal. The commission voted to concur and place communication 2025-256 on file; clerks recorded 9 yeas, 0 nays.
The action on the professional services agreement does not itself commit the county to pay out-of-pocket for the full estimated amount; officials explained reimbursement will be sought from the EPA and that the county can terminate or pursue legislative remedies while tracking hours and invoiced expenses. The matter will go to the judiciary committee for budget authority related to the estimated ceiling.
