HomeMy WebLinkAbout08-13-18 City Commission Packet Materials - C4. BSTFG Contract Extension for Wisetail
Commission Memorandum REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development SUBJECT: Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Contract Amendment to the Business Assistance Agreement and Management Plan for Wisetail (Contract # MT-BSTF-1-16-21)
MEETING DATE: August 13, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize Mayor Andrus to sign the Montana Department of Commerce Big Sky Economic Development Trust Fund program contract amendment to the Business Assistance Agreement and Management Plan for the Big Sky Trust Fund (BSTF) grant awarded to Wisetail, (Contract # MT-BSTF-1-16-21).
BACKGROUND: On June 9, 2016 the City was awarded a grant from the BSTF Program to assist Wisetail. On June 27, 2016 the City Commission approved the BSTF contract. (Exhibit 1) Wisetail expected to create 20 jobs by the completion of the contract, however only created 18 and, therefore, requested a six-month contract extension in order to complete the planned hiring of the final two employees under the contract terms. The City made a written request to the Department of Commence on May 17, 2018 for a six-month contract extension to allow Wisetail to complete their hiring plan. (Exhibit 2) The Department of Commerce responded favorably to the request on May 31, 2018; extending the contract terms until November 23, 2018. (Exhibit
3) The Department of Commerce provided a six-month contract extension evidenced in the attached contract amendment. (Exhibit 4) In order to execute the amendment, the Mayor must be authorized by the Commission to sign the updated document.
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UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: None in addition to those identified in the attached June 27, 2016 Commission memorandum.
EXHIBITS: 1) June 27, 2016 packet material; 2) City of Bozeman’s Request for Contract Extension dated 5-17-18; 3) Department of Commerce approval letter dated 5-31-18; and 4) Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Contract Amendment to Business Assistance Agreement and Management Plan for # MT-BSTF-1-16-21.
Report compiled on: 07-31-18
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Commission Memorandum REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development SUBJECT: Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award to Wisetail (Contract # MT-BSTF-1-16-21)
MEETING DATE: June 27, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize Mayor Taylor to sign the Montana Department of Commerce Big Sky Economic Development Trust Fund program contract and authorize the City Manager, or their designee, to execute additional documents required to facilitate and manage the grant award to Wisetail.
BACKGROUND: On May 9, 2016 the City Commission approved Resolution 4689 authorizing the submittal and administration of the Big Sky Economic Development Trust Fund (“BSTF”) grant application by the Prospera Business Network (“Prospera”) on behalf of Wisetail. (Exhibit 1) On June 9, 2016 the Office of the Governor notified the City of Bozeman that the City’s application, facilitated by Prospera, was approved and Wisetail was awarded up to $60,000 in BSTF Category I, Job Creation funding by the Montana Department of Commerce (DoC). (Exhibit 2) Wisetail agrees to create up to 12
net new full time jobs in the next year that meet or exceed the BSTF wage rate
of $18.09 per hour, not including employee benefits. As part of the administration of the BSTF grant, the DOC and Prospera require the sponsoring entity, the City of Bozeman (the “City”) to enter into several agreements with the DoC, Prospera and Wisetail, including the contract document requiring the Mayor’s signature. (Exhibit 3)
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WISETAIL: Recently, Wisetail was the focus of various media outlets for their successful business model and charitable giving program. For the stories, please click on the links below: 1. Local software company successful with unconventional business model – Bozeman Daily Chronicle June 24, 2012 2. Bozeman tech company launches charitable giving program – KBZK, June 23, 2015 During the term of the contract, Wisetail will endeavor to create up to 12 eligible net new jobs in their existing Bozeman facility. The total amount to be reimbursed to the assisted business under the Contract shall be up to $5,000.00 per eligible net new job created by the assisted business for documented costs with reimbursement not to exceed a total of $60,000.00, minus grant administration dollars for the entire Contract. A net new job must pay the average weekly wage that meets or exceeds the lesser of 170% of Montana's current minimum wage *AND/OR* the current average weekly wage of the county in which the employees are to be principally employed. The value of employee benefits can be included in this wage. The current average annual, weekly and hourly wage thresholds may be obtained through the BSTF program web site at www.bstf.mt.gov or may be requested from the Department. These figures are based upon the average weekly wage data produced by the Montana Department of Labor and Industry for the most current year available. An eligible net new job is defined as the following: 1. A new job to the company was created or filled on or after May 23, 2016; 2. Have at a minimum, a full-time job, meaning a predominantly year-round position requiring an average of 35 hours of work each week; and 3. The job pays wages that meet or exceed $18.09 per hour, not including employee benefits.
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THE PROSPERA BUSINESS NETWORK: The City and Prospera work collaboratively on numerous economic development projects including past BSTF grants (Apttus Corporation, Montana
Instruments, Montana Meat Co. and Elixiter, 2013-2016). As they have in the past,
Prospera will provide grant administration, contract management and reporting under the BSTF requirements. Additionally, Prospera currently manages the City’s Revolving Loan Fund. Once the grant is funded, Prospera will administer the BSTF grant, contracts and satisfy reporting elements of the BSTF award. Through the Economic Development Department, the City will maintain oversight of the Prospera management of the BSTF grant award as the recipient entity for the grant funds, as required by the DOC. GRANT AGREEMENTS: The following agreement must be entered into by the City to complete the grant and provide the award to Wisetail: 1. Montana Department of Commerce Big Sky Economic Development Trust Fund Program Document (Contract # MT-BSTF-1-16-21). This agreement provides the Category 1 funding to the City. There will be additional documents wherein the DoC will require City approval. Authorization of this Consent item also authorizes the City Manager, or their designee, to execute all additional documents to facilitate the grant award including: 1. The Sub-recipient Agreement with Prospera authorizes Prospera to manage the grant program on behalf of the City); 2. The Management Plan identifies the grant management requirements of the City, Prospera, and Wisetail); 3. The Business Assistance Agreement between the City and Wisetail details the conditions Wisetail must adhere to in order to obtain the grant funds including the number of jobs, the salaries for the jobs, the use of the funds, reporting, and other issues; 4. The Signature Certification Form authorizes signatories for the release of funds; and
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5. The Budget Amendment Form reconciles the incoming grant funds with the City’s overall budget.
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: As part of the contract, Prospera will earn administrative fees based upon the number of net new jobs Wisetail creates over the next year. Additionally, minimal City staff time is required to provide the appropriate review of documents and approvals. Exhibits: 1) Resolution 4630; 2) Governor’s Office Letter of Award dated June 9, 2015; and 3) Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Contract # MT-BSTF-1-16-21. Report compiled on: 06-17-16
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Resolution 4689 Supporting the Application to the Big Sky Economic
Development Trust Fund Program Administered by the Montana Department of Commerce, on behalf of Wisetail.
MEETING DATE: May 9, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 4689 authorizing the City’s application for a Big Sky
Trust Fund Category I job creation grant on behalf of Wisetail and administered by The Prospera Business Network.
BACKGROUND:
The Montana Department of Commerce administers the Big Sky Economic Development
Trust Fund Category I job creation program. This State-funded program is intended to incentivize
the creation of net new higher paying jobs; also a Bozeman City Commission priority. The local governing body is required to apply for the grant on behalf of the business recipient as a co-
applicant with the local Certified Regional Development Corporation (CRDC). The Prospera
Business Network is local CRDC which includes Gallatin County. Should the grant be awarded,
staff recommends that the City Commission appoint The Prospera Business Network, our local
CRDC, to administer all aspects of the grant on behalf of the City of Bozeman.
Recently, Wisetail was the focus of various media outlets for their successful business
model and charitable giving program. For the stories, please click on the links below:
Local software company successful with unconventional business model – Bozeman Daily
Chronicle June 24, 2012
Bozeman tech company launches charitable giving program – KBZK, June 23, 2015
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
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FISCAL EFFECTS: If the application is successful, Wisetail may be awarded up to $5,000 per net new job with a target of twenty (20) net new jobs over the next 18 - 24 months for a
total grant award, if all twenty proposed new jobs are filled, of $100,000.
Attachments: 1) Resolution 4689
Report compiled on: 4-28-16
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Steve Bullock Mike Cooney
GOVERNOR LT. GOVERNOR
STATE CAPITOL • P.O. BOX 200801 • HELENA, MONTANA 59620-0801
TELEPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV
OFFICE OF THE GOVERNOR
STATE OF MONTANA
June 9, 2016
Mayor Carson Taylor
City of Bozeman
P O Box 1230
Bozeman, MT 59771-1230
RE: Notice of Big Sky Economic Development Trust Fund Grant Award for Bigart Ecosystems, LLC dba
Wisetail
Dear Mayor Taylor:
Congratulations! On behalf of the State of Montana, it is my pleasure to notify you that City of Bozeman has
been awarded up to $60,000.00 from the Montana Department of Commerce – Big Sky Economic
Development Trust Fund (BSTF) Program to assist Bigart Ecosystems, LLC dba Wisetail. This award,
effective May 23, 2016, is for Bigart Ecosystems, LLC dba Wisetail to purchase equipment, lease rate
reduction and wage reimbursement that will enable this business expansion to create 12 net new BSTF
eligible jobs within one year.
My administration’s Main Street Montana business plan is built on the idea that public-private partnerships
are keys to growing Montana’s economy. Every project funded through BSTF is a step toward the plan’s
goals of creating opportunities for today’s workforce and being stronger and more competitive for our next
generation of entrepreneurs. It is with this in mind that I wanted to personally thank you for partnering with
the State of Montana.
The City of Bozeman will be contacted directly with more information in the coming weeks by the BSTF
staff. If you should have any questions, please contact the Division Administrator, Sean Becker. Sean can be
reached at (406) 841-2707 or by email at seanbecker@mt.gov.
Again, congratulations and good luck on the successful completion of your project.
Sincerely,
Governor
STEVE BULLOCK
cc: Justin Bigart, Bigart Ecosystem, LLC dba Wisetail
Paul Reichert, Prospera Business Network
Annmarie Robinson, Big Sky Economic Development Trust Fund Program
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-16-21 Montana Department of Commerce Updated 10-16-15 City of Bozeman
MONTANA DEPARTMENT OF COMMERCE BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM
CONTRACT # MT-BSTF-1-16-21
This Contract is entered into by City of Bozeman, P O Box 1230, Bozeman, MT 59771-1230, Montana (the “Contractor”), and the Montana Department of Commerce, Helena, Montana (the “Department”).
The Contractor and the Department hereby agree to the following terms:
Section 1. PURPOSE
The purpose of this Contract is to provide funding for Big Sky Economic Development
Trust Fund (BSTF) Program (the Program) Economic Development Job Creation Project activities approved by the Department which the Contractor has applied for
project funds pursuant to Sections 90-1-201 et seq., Montana Code Annotated (MCA).
Program funds have been awarded to assist the Contractor and Bigart Ecosystems,
LLC dba Wisetail, 212 S Wallace, Suite B2, Bozeman, MT 59715-4892 (the “Assisted
Business”) with the purchase of equipment and wage reimbursement and the
creation of jobs in Montana.
The Assisted Business has agreed to create 12 eligible net new jobs at the project site
located at 212 S Wallace, Suite B2, Bozeman, MT 59715-4892 (the “Project Site”) in
the Contractor’s jurisdictional area within the Contract time period. An eligible net new
job is defined as one that is new to the company and has not been filled before May 23, 2016. Eligible new job criteria is a full-time job, meaning a predominantly year-round
position requiring an average of 35 hours of work each week, and pays wages that meet
or exceed $18.09 per hour not including employee benefits that meet the
requirements of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq.
In addition, the Contractor and the Assisted Business have agreed to a total new
investment at the Project Site, which is equal to or greater than $1 for every $1 of
BSTF financial assistance received, within this Contract time period.
Section 2. SCOPE OF WORK
The Contractor hereby agrees to engage in Project activities as set forth in the
Contractor’s application, including any written modifications resulting from the review of
the application by the Department for Project assistance, all of which, by this reference
are made a part hereof.
The major components of the Project include the purchase of equipment and wage reimbursement, and documentation that the matching requirement has been met and documentation of eligible job creation in Bozeman, Montana, and the administration of
this Contract.
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-16-21 Montana Department of Commerce Updated 10-16-15 City of Bozeman
Section 3. AUTHORITY
This Contract is issued under authority of Title 90, Chapter 1, Part 2, Montana Code
Annotated, and the Administrative Rules of Montana, Title 8, Chapter 99.
Section 4. APPLICATION INCORPORATED BY REFERENCE The Contractor’s application for Program assistance and all appendices thereto,
including any written modifications resulting from the review of the application by the
Department (collectively, the “Project”), is incorporated into this Contract by this
reference and the representations made therein are binding on the Contractor. Section 5. ACCEPTANCE OF PROGRAM REQUIREMENTS
(a) The Contractor shall comply with all applicable local, state, tribal, and federal
laws, regulations, ordinances, and resolutions, and all administrative directives
and procedures established by the Department, including all the provisions, guidelines and requirements set forth on the Program’s website:
http://bstf.mt.gov.
(b) The Contractor expressly agrees to repay to the Department any funds advanced
under this Contract that the Contractor, or its contractors, subcontractors, or sub recipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract, expends in violation of the terms of
this Contract, the statutes and regulations governing the Program, or any
applicable local, state, tribal, or federal requirements. Section 6. EFFECTIVE DATE AND TIME OF PERFORMANCE
(a) This Contract shall take effect on May 23, 2016 and will terminate upon
completion of the final closeout by the Department, or by May 23, 2017,
whichever comes first, unless otherwise terminated in accordance with the terms of this Contract.
(b) All Program award monies must be expended by the Contractor within the
timeline specified in the Contractor’s application, which by reference is made a
part of this Contract. The Contractor may modify the implementation schedule set forth in the Contractor’s application only upon obtaining prior approval of the
Department.
(c) Each party, after termination of this Contract, remains subject to and obligated to
comply with all legal and continuing contractual obligations arising in relation to its duties and responsibilities that may arise under the contract including, but not
limited to, record retention, audits, and indemnification.
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-16-21 Montana Department of Commerce Updated 10-16-15 City of Bozeman
d) The Department reserves the right to extend this Contract based on, but not limited to, the Contractor’s performance of the contracted activities, and the
Contractor’s compliance with program requirements.
Section 7. BUDGET
(a) The total amount to be awarded to the Contractor under this Contract will not
exceed $60,000.00 to be used as follows:
• Up to $55,200.00 to assist the Assisted Business with the purchase of
equipment and wage reimbursement ; and
• Up to $4,800.00 for eligible administrative expenses.
(b) The Project budget is set forth in the application, as submitted by the Contractor
and approved by the Department, and as specifically incorporated by this
reference. The Department must approve budget adjustments to the Project in
advance. To obtain approval of a budget adjustment, the Contractor shall describe the rationale for a budget adjustment in writing to the Department.
(c) Any Project expenses the Contractor fails to incur on or before May 23, 2017 will
revert to the Big Sky Economic Development Trust Fund.
Section 8. CONDITIONS ON METHOD OF REIMBURSEMENT
(a) The total amount to be awarded to the Contractor under the Contract shall be up
to $5,000.00 per eligible net new job created by the Assisted Business for
documented costs with reimbursement not to exceed a total of $60,000.00 for the entire Contract. The Department will not reimburse the Contractor for any costs
incurred prior to May 23, 2016, nor for any expenses not included in the
approved budget or not clearly and accurately supported by the Contractor’s
records.
(b) The Contractor and the Assisted Business shall satisfy the matching funds
requirements consistent with the purposes expressed in the application during
the period of the Contract and shall meet or exceed the 1:1 required match ratio.
(c) Unless otherwise authorized by the Department, the Contractor may receive award funds periodically over the Contract period only upon documenting the
expenditure of the required matching funds and the creation of the eligible net
new jobs by the Assisted Business, and after incurring eligible expenses.
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-16-21 Montana Department of Commerce Updated 10-16-15 City of Bozeman
(d) The Department will use funds appropriated for the Program to fund awards to those entities that have received a Notice of Award letter. The Contractor
acknowledges that its access to Program funds is subject to their availability.
(e) The Department agrees that, if and when the funds described in paragraph (a) of this Section are available, the Department will authorize the Contractor to request payment from Program funding awarded for the Contractor’s Project. In
requesting reimbursement, the Contractor will follow the instructions supplied by
the Department.
(f) The Contractor shall satisfy the matching funds requirements consistent with the purposes expressed in the Contractor’s application during the period of the
Contract.
(g) The Department will only release funds to reimburse eligible and documented costs. Funds can be requested by sending a Request for Payment, in the format prescribed by the Department, signed by duly authorized representatives of the
Contractor.
(h) As further set forth in Section 5 ACCEPTANCE OF PROGRAM REQUIREMENTS, and Section 24 TERMINATION OF CONTRACT, if the Contractor fails to or is unable to comply with any of the terms and conditions of
this Contract, any costs incurred will be the Contractor’s sole responsibility and
the Contractor agrees to repay to the Department any funds advanced under the
Contract. (i) The Project funds may not be used to cover any costs incurred by the Contractor
prior to May 23, 2016, for any expenses not included in the Contractor’s
application or an approved adjustment thereto, or for any expenses not clearly
and adequately supported by the Contractor’s records. (j) Once the Department has determined a Request for Payment to be complete,
the Department is allowed thirty (30) working days to process a Request for
Payment. The Contractor shall provide signatory and banking information at the
time of Contract execution in order to facilitate electronic funds transfer payments. The Department may withhold payments to the Contractor if the Contractor has breached the terms of this Contract.
(k) If actual Project expenses are less than projected in the budget, the Department,
at its discretion, may reduce the amount of BSTF funds to be provided to the Contractor accordingly.
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-16-21 Montana Department of Commerce Updated 10-16-15 City of Bozeman
(l) If the Department determines that the Contractor has failed to satisfactorily carry out its responsibilities under this Contract, the Department may withhold payment
to the Contractor until such time as the parties agree on a plan to remedy the
deficiency.
(m) The Department reserves the right to withdraw a commitment of any Program funds for projects not ready to proceed within three (3) months after the date of
tentative award.
(n) If the Assisted Business creates an eligible new job but fails to sustain that job for
the requisite duration, then the Contractor shall reimburse the Department all
funds received for that job. If the Assisted Business fails to create the required
number of jobs, then the Contractor shall reimburse the Department the
difference between the total amount advanced and the amount attributable to
actual jobs created. If the Assisted Business ceases operation at the Project
Site, then the Contractor shall reimburse the Department all funds received under
this Contract.
(o) At the request of the Department, Requests for Payment for contracted or subcontracted services must attach appropriate documentation demonstrating
compliance with contract requirements.
(p) The Contractor may not use monies provided through this Contract as payment
for Project costs that are reimbursed from other sources.
(q) The Department will withhold ten percent (10%) of the total amount awarded to
the Contractor until the Department approves the complete Job Creation,
equipment purchase, wage reimbursement and all tasks outlined in Section 2
SCOPE OF WORK are completed by the Contractor and approved by the Department.
Section 9. REPORTING REQUIREMENTS
(a) Quarterly Project Progress Reports. Unless otherwise specified by the Department, the Contractor will also submit Project Progress Reports quarterly to
the Department until the Contractor receives Contract closeout approval from the
Department. The Project Progress Report must be provided on or before April
30th to cover the January 1-March 31 reporting period, July 31st to cover the
April 1-June 30 reporting period, October 31st to cover the July 1-September 30 reporting period, and January 31st to cover the October 1-December 31
reporting period, for each year of the Contract period and at closeout of the
Contract. These reports will describe the status of the activities set forth in
Section 2 SCOPE OF WORK, including, at a minimum:
• Certified employment documentation from the Assisted Business that
includes the breakdown of jobs created, using the Job Status Spreadsheet
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-16-21 Montana Department of Commerce Updated 10-16-15 City of Bozeman
and accompanying Job Certification Form; Written Progress Report that should include the following items:
o detailing progress towards achieving the hiring objectives and
project goals that were described in the application; o projected completion date; o any difficulties encountered in working towards these goals; o any changes within the assisted business structure, business name
or changes to its registration with the Montana Secretary of State’s
office; o any other pertinent information (b) The employment level of Bigart Ecosystems, LLC dba Wisetail one day prior
to the contract effective date of May 23, 2016 is 22 permanent, full-time
employees onsite, per the certified baseline job report.
(c) The report must also describe any significant problems encountered in carrying
out the Project and the scope of any necessary modifications the Contractor is
requesting in the SCOPE OF WORK, BUDGET, or Project implementation
schedule. The State, at its discretion, may decline to honor the final ten percent (10%) Request for Payment if any required project progress reports have not
been submitted.
(d) Request for Payment with Report. Request for Payment with reports must
include all items listed in Section 9(a), plus the following:
• The Request for Payment Form signed by two authorized representatives,
• Project Progress Report detailing progress towards achieving the hiring objectives and project goals that were described in the application as well as describing any difficulties encountered in working towards these goals,
• Approved documentation verifying eligible costs were incurred,
• Documentation of matching funds expended to date.
(e) Project Closeout. Upon completion of the final Project, the Contractor will submit
a signed final Project Completion Report. The Project Completion report should
include all items in Section 9(a) and (c), with a request for payment for the final
10% of the award.
• Once the Department accepts the final Project Completion Report and the
final payment is processed, the Contractor will complete a Closeout Certification Form.
• Once the Department approves the Closeout Certification Form from the
Contractor, the Department will officially closeout the project and send a letter
of closeout to the Contractor.
The Department may request additional documentation, when in the exercise of its
judgment such documentation is needed to confirm performance.
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-16-21 Montana Department of Commerce Updated 10-16-15 City of Bozeman
To assist the Department with program performance reporting, the BSTF award
recipient may be required to provide annual project updates for 3 years after the close
of the contract.
Section 10. LIAISONS
The contact persons for this Contract are:
For the Department: Annmarie Robinson (or successor) Section Manager, Big Sky Economic Development Trust Fund Program, MDOC
P.O. Box 200505
Helena, MT 59620-0505
406-841-2250 For the Contractor:
Brit Fontenot (or successor)
Director of Economic Development
City of Bozeman P O Box 1230 Bozeman, MT 59771-1230
406-582-2258
Section 11. PROJECT MEETINGS (a) Progress Meetings. During the term of the Contract, the Department may plan
and schedule progress meetings with the Contractor to discuss the progress
made by the Contractor and the Department in the performance of their
respective obligations. These progress meetings may include the parties’ liaisons and any other additional personnel involved in the performance of the contract as required. At each such meeting, the Contractor may be requested to
provide the Department with a written status report that identifies any problem or
circumstance encountered by the Contractor, or of which the Contractor gained
knowledge during the period since the last such status report, which may prevent the Contractor from completing any of its obligations or may generate charges in excess of those previously agreed to by the parties. Contractor may be
requested to identify the amount of excess charges, if any, and the cause of any
identified problem or circumstance and the steps taken to remedy the same.
(b) Technical or Contractual Problems. The Contractor is required to meet with the Department’s liaison to resolve technical or contractual problems that may occur
during the term of the Contract, at no additional cost to the Department.
Meetings will occur as problems arise and will be coordinated by the Department.
Failure to participate in problem resolution meetings or failure to make a good faith effort to resolve problems may result in termination of the Contract.
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-16-21 Montana Department of Commerce Updated 10-16-15 City of Bozeman
Section 12. ACCESS TO AND RETENTION OF RECORDS
The Contractor shall create and maintain records of the services covered by this
Contract, including but not limited to financial records, supporting documents, and such
other records as are required by law or other authority, and to provide the Department, Montana Legislative Auditor, or their authorized agent’s access to any records necessary to determine contract compliance. (Mont. Code Ann. § 18-1-118.) The
Contractor agrees to create and retain records supporting the services rendered or
supplies delivered for a period of three (3) years after either the completion date of the
Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party, whichever is later. These records will be kept in the Contractor’s offices in Bozeman, Montana.
Section 13. PROJECT MONITORING
(a) The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Contractor’s performance to determine compliance
with the SCOPE OF WORK, the proper use of Program funds, and other
technical and administrative requirements of this Contract, including the
adequacy of the Contractor’s records and accounts. The Department will advise the Contractor of any specific areas of concern and provide the Contractor opportunity to propose corrective actions acceptable to the Department.
(b) Failure by the Contractor to proceed with reasonable promptness to take
necessary corrective actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the Department may terminate this Contract in whole or in part, or reduce the contract price or award to reflect the reduced
value of services received.
Section 14. COMPLIANCE WITH APPLICABLE LAWS The Contractor must, in performance of work under the Contract, fully comply with all
applicable federal, state, or local laws, rules and regulations, including Executive Order
No. 12-2015 Amending and Providing For Implementation of the Montana Sage Grouse
Conservation Strategy , 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 and the Patient Protection and Affordable
Care Act (“Affordable Care Act”). Any subletting or subcontracting by the Contractor
subjects subcontractors to the same provisions. In accordance with Mont. Code Ann. §
49-3-207, Executive Order No. 04-2016, the Grantee agrees that the hiring of persons to perform the Contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, sex, pregnancy, childbirth or medical
conditions related to childbirth, political or religious affiliation or ideas, culture, creed,
social origin or condition, genetic information, sexual orientation, gender identity or
expression, national origin, ancestry, age, disability, military service or veteran status, or marital status.
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-16-21 Montana Department of Commerce Updated 10-16-15 City of Bozeman
The Affordable Care Act requires a Contractor, if Contractor is an applicable large
employer under the ACA, to provide healthcare coverage for its employees, who
provide services for the State and work for 30 or more hours per week. This coverage
must also cover the eligible employee’s dependents under the age of 26. The coverage must (a) meet the minimum essential coverage, minimum value, and affordability requirements of the employer responsibility provisions under Section 4980H
of the Code (ACA), and (b) otherwise satisfy the requirements of the Code § 4980 H
(ACA) if provided by the State.
Section 15. AVOIDANCE OF CONFLICT OF INTEREST
The Contractor will comply with all applicable laws regarding the avoidance of conflict of
interest. In addition, the Contractor agrees that none of its officers, employees, or
agents will solicit or accept gratuities, favors, or anything of monetary value from contractors, subcontractors, or potential contractors and subcontractors, who provide or propose to provide services relating to the project funded under this Contract.
Section 16. ACCOUNTING, COST PRINCIPLES, AND AUDITING
(a) The Contractor, in accordance with Section 18-4-311, MCA; 5 U.S.C. App. 3 §§ 1 et seq.; OMB Circular A-133; and other authorities, must maintain for the
purposes of this Contract an accounting system of procedures and practices that
conforms to Generally Accepted Accounting Principles (GAAP).
(b) The Department, Montana Legislative Auditor, Inspector General of the U.S. Department of Commerce, or any other legally authorized governmental entity or
their authorized agents may, at any time during or after the term of this Contract,
conduct, in accordance with Sections 5-13-204 and 18-1-118, MCA; 5 U.S.C.
App. 3 §§ 1 et seq.; OMB Circular A-133; and other authorities, audits for the purposes of ensuring the appropriate administration and expenditure of the monies provided through this Contract and to ensure the appropriate
administration and delivery of services provided through this Contract.
(c) The Contractor, for purposes of audit and other administrative activities, in accordance with 18-1-118, MCA; 5 U.S.C. App. 3 §§ 1 et seq.; OMB Circular A-
133; and other authorities, must provide the Department, Montana Legislative
Auditor, Inspector General of the U.S. Department of Commerce, or any other
legally authorized governmental entity or their authorized agents access at any
time to all of their respective records, materials and information, including any and all audit reports with supporting materials and work documents, pertinent to the services provided under this Contract until the expiration of three (3) years
from the completion date of this Contract. The Department and any other legally
authorized governmental entity or their authorized agents may record any
information and make copies of any materials necessary for the conduct of an audit or other necessary administrative activity.
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Section 17. OWNERSHIP AND PUBLICATION OF MATERIALS
All reports, information, data, and other materials prepared by the Contractor, or any of
its contractors or subcontractors, in furtherance of this Contract are the property of the
Contractor and the Department, which both have the royalty-free, nonexclusive, and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, in whole or part, such property and any information relating thereto. No material
produced in whole or part under this Contract may be copyrighted or patented in the
United States or in any other country without the prior written approval of the
Department and the Contractor. Section 18. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING
(a) The Contractor may not assign, transfer, delegate, or subcontract, in whole or
part, this Contract or any right or duty arising under this Contract, unless the Department in writing approves the assignment, transfer, delegation, or subcontract.
(b) Any assignment, transfer, delegation, or subcontract entered into by the
Contractor must be in writing, must be subject to the terms and conditions of this Contract, and must contain any further conditions as may be required by the Department.
(c) The Department’s approval of any assignment, transfer, delegation, or
subcontract neither makes the Department a party to that contract nor creates any right, claim, or interest in favor of any party to that contract against the Department.
(d) The Contractor must immediately notify the Department of any litigation
concerning any assignment, transfer, delegation, or subcontract. Section 19. HOLD HARMLESS AND INDEMNIFICATION
The Contractor agrees to protect, defend, and save the Department, its elected and
appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, to the extent arising in favor of the
Contractor’s employees or third parties on account of bodily or personal injuries, death,
or damage to property arising out of Contractor’s negligence in connection with services
performed or omissions of services or in any way resulting from the negligent acts or omissions of the Contractor and/or its agents, employees, representatives, assigns, contractors, subcontractors, except the negligence of the Department under this
agreement.
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Section 20. INSURANCE
(a) General Requirements. Contractor shall maintain and shall assure that its
representatives, assigns, and subcontractors maintain for the duration of the
Contract, at their own cost and expense, liability insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the duties and obligations in the Contract by
Contractor, its agents, employees, representatives, assigns, or subcontractors.
This insurance shall cover such claims as may be caused by any negligent act or
omission. The Department, its officers, officials, and employees are to be covered as additional insured's for all claims arising out of the use of award proceeds provided by the State of Montana.
(b) General Liability Insurance. At its sole cost and expense, the Contractor shall
purchase occurrence coverage with minimum combined single limits of $1 million per occurrence and $2 million aggregate per year, or as established by statutory Tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by
a self-insurance pool insuring counties, cities, or towns, as authorized under
Section 2-9-211, MCA.
(c) Professional Liability Insurance. Contractor shall assure that any representatives, assigns, and subcontractors performing professional services
under this Contract purchase occurrence coverage with combined single limits
for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate
per year. Note: if "occurrence" coverage is unavailable or cost prohibitive, the Contractor may provide "claims made" coverage provided the following conditions are met: (I) the commencement date of the contract must not fall
outside the effective date of insurance coverage and it will be the retroactive date
for insurance coverage in future years; and (2) the claims made policy must have
a three (3) year tail for claims that are made (filed) after the cancellation or expiration date of the policy.
(d) Property Insurance. At its sole cost and expense, the Contractor shall maintain
property and hazard insurance, including course of construction coverage, and
earthquake insurance in areas where there is a shaking level above 10g (see map at http://www.rmtd.mt.gov/content/aboutus/publications/files/NEHRP.pdf) for loss or damage for any building and all related improvements and contents
therein on the premises on a replacement cost basis throughout the term of the
contract.
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(e) General Provisions. All insurance coverage shall be placed with a carrier licensed to do business in the State of Montana or by a domiciliary state and with
a Best's rating of at least A-, or by a public entity self-insured program either
individually or on a pool basis as provided by Title 2, MCA. All certificates and
endorsements are to be received by the Department prior to beginning any activity provided for under the Contract. Contractor shall notify the Department immediately of any material change in insurance coverage, such as changes in
limits, coverage, change in status of policy, etc. The Department reserves the
right to request complete copies of Contractor's insurance policy including
endorsements at any time.
Section 21. INDEPENDENT CONTRACTOR
The Contractor and its employees or agents performing under this Contract are not
employees or agents of the Department. The Contractor will not claim to be an officer
or employee of the Department by reason of this Contract, nor will it make any claim of right, privilege or benefit which would accrue to a civil service employee of the State of
Montana.
Section 22. DEBARMENT The Contractor certifies and agrees to ensure during the term of this Contract that
neither it nor its principals, contractors, or subcontractors are debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this Contract by any governmental department or agency. If the Contractor cannot
certify this statement, it has attached a written explanation for review by the Department.
Section 23. CONTRACT AMENDMENT
Except as otherwise set forth herein, this Contract may not be enlarged, modified, or altered except upon written agreement by all parties to the Contract.
Section 24. TERMINATION OF CONTRACT
This Contract may only be terminated in whole or in part as follows:
(a) Termination Due to Loss or Reduction of Funding. The Department, at its sole
discretion, may terminate or reduce the scope of this Contract if available funding
sources are eliminated or reduced for any reason. If a termination or
modification is so required, the Department may, if sufficient program funds are available, compensate the Contractor for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date.
The Department will notify the Contractor of the effective date of the termination
or modification of this Contract and, if a reduction in funding is required, will
provide the Contractor with a modified Project budget.
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(b) Termination for Cause with Notice to Cure Requirement. The Department may
terminate this Contract for failure of the Contractor, its contractors, or
subcontractors to perform or comply with any of the services, duties, terms or
conditions contained in this Contract after giving the Contractor written notice of the stated failure. The written notice will demand performance of the stated failure within a specified period of time of not less than thirty (30) days. If the
demanded performance is not completed within the specified period, the
termination is effective at the end of the specified period.
(c) Effect of Termination. In the event of termination due to the Contractor's, its
contractors', or subcontractors' failure to perform or comply with any of the
services, duties, terms, or conditions of this Contract, the Contractor shall return
all funds received under this Contract. Any costs incurred will be the
responsibility of the Contractor. However, at its sole discretion, the Department
may approve requests by the Contractor for reimbursement of expenses
incurred. The Department’s decision to authorize payment of any costs incurred
or to recover expended Program funds will be based on a consideration of the
extent to which the expenditure of those funds represented a good faith effort of
the Contractor to comply with the any of those services, duties, terms, or
conditions of this Contract, and on whether the failure to comply with any of those
services, duties, terms, or conditions resulted from circumstances beyond the
Contractor's control.
Section 25. DEFAULT
Failure on the part of either party to perform the provisions of the Contract constitutes
default. Default may result in the pursuit of remedies for breach of contract as set forth
herein or as otherwise legally available, including but not limited to damages and
specific performance.
Section 26. NO WAIVER OF BREACH
No failure by the Department to enforce any provisions hereof after any event of breach
shall be deemed a waiver of its rights with regard to that event, or any subsequent event. No express failure of any event of breach shall be deemed a waiver of any
provision hereof. No such failure or waiver shall be deemed a waiver of the right of the
Department to enforce each and all of the provisions hereof upon any further or other
breach on the part of the Contractor.
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Section 27. COMPLIANCE WITH WORKERS’ COMPENSATION ACT
The Contractor accepts responsibility for supplying, and requiring all subcontractors to
supply, the Department with proof of compliance with the Montana Workers’
Compensation Act while performing work for the State of Montana. (Mont. Code Ann.
§§ 39-71-401, 39-71-405, and 39-71-417.) Neither the Contractor nor its employees are
employees of the State. The proof of insurance/exemption must be in the form of
workers’ compensation insurance, an independent contractor exemption, or
documentation of corporate officer status and must be received by the Department
within 10 working days of the execution of this Contract, and must be kept current for
the entire term of the contract.
CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF
SECTION 24 TERMINATION OF CONTRACT IF THE CONTRACTOR FAILS TO
PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME
FRAME.
Coverage may be provided through a private carrier or through the State Compensation
Insurance Fund (406) 444-6500. An exemption can be requested through the
Department of Labor and Industry, Employment Relations Division (406) 444-1446.
Corporate officers must provide documentation of their exempt status.
Section 28. FORCE MAJEURE
Neither party shall be responsible for failure to fulfill its obligations due to causes
beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation
delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes,
directly or indirectly beyond the reasonable control of the non-performing party, so long
as such party is using its best efforts to remedy such failure or delays. Section 29. SEPARABILITY
A declaration by any court, or any other binding legal forum, that any provision of the
Contract is illegal and void shall not affect the legality and enforceability of any other
provision of the Contract, unless the provisions are mutually dependent.
Section 30. NOTICE
All notices required under the provisions of the Contract must be in writing and delivered to the parties’ liaisons identified herein either by first class mail or personal service.
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Section 31. NO ARBITRATION
Unless otherwise agreed to in writing or provided for by law, arbitration is not available
to the parties as a method of resolving disputes that would arise under the Contract.
Section 32. REFERENCE TO CONTRACT
The Contract number must appear on all invoices, reports, and correspondence
pertaining to the Contract.
Section 33. JURISDICTION AND VENUE
This Contract is governed by the laws of Montana. The parties agree that any litigation
concerning this Contract must be brought in the First Judicial District in and for the
County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees. (Section 18-1-401, MCA).
Section 34. FUNDING ACKNOWLEDGEMENT
All materials developed wholly or in part by the funding provided under the Contract shall state that “The funding for the (insert name of project) was funded (in part, if applicable) by an award from the Montana Department of Commerce.” Any variations
from this language must be approved by the Department prior to use. The Department
of Commerce logo is also available for use upon request.
Section 35. INTEGRATION
This contract contains the entire agreement between the parties, and no statements,
promises, or inducements of any kind made by either party, or the agents of either
party, not contained herein or in a properly executed amendment hereto are valid or binding. Amendments to this contract must be signed by both parties.
IN WITNESS OF THE TERMS SET OUT ABOVE, the parties hereto have
caused this Contract to be executed on the dates set out below.
By: ________________________________________________________________ Carson Taylor Date
Mayor, City of Bozeman
By: ________________________________________________________________
Meg O’Leary Date
Director, Montana Department of Commerce
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May 17, 2018
Pam Haxby-Cote, Director
Doug Mitchell, Deputy Director
Montana Department of Commerce
301 South Park Avenue
P.O. Box 200505
Helena, MT 59620
Re: Request for contract extension for Wisetail, BSTF job creation grant 1-16-21
Dear Director Haxby-Cote and Deputy Director Mitchell,
The City of Bozeman is requesting a six-month contract extension for the Wisetail job
creation grant award BSTF 1-16-21 to help Wisetail meet its hiring goals.
To date, Wisetail has created 18 new jobs, and plans to add two more within the next
month, that will bring their total to 20 jobs. This is great news for Wisetail and the
success of the BSTF program.
The company is seeking a six-month extension to the job creation contract to October
23, 2018 so that they have the additional time they need to fill all 20 jobs awarded
through this grant.
Thank you for considering this request and if I can help with any additional information
please let me know.
Sincerely,
Brit Fontenot
Director of Ecomnomic Development
Cc: Debbie Davidson, Program Specialist, MT Department of Commerce
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AMMENDMENT TO BUSINESS ASSISTANT AGREEMENT
AND MANAGEMENT PLAN
Updated for Grant Extension for Wisetail BSTF 1-16-21
Project Grant Managed by Prospera Business Network
Date: July 20, 2018
On June 9th, 2016, the City of Bozeman herein referred to as the City, was awarded a grant from
the Big Sky Economic Development Trust Fund (BSTF) Program to assist Wisetail with business
expansion and the creation of new jobs in Montana. The Prospera Business Network (PBN) will
be responsible for assisting with the administration of the BSTF grant.
This Amendment is to update both the Business Assistant Agreement and Management Plan.
By mutual agreement we are amending these documents as a result of the MT Department of
Commerce grant amendment and term extension formalized in contract amendment 1-16-21B
signed July 23, 2018 (and attached here for reference).
Amended Items:
1. The assisted business, Wisetail, received a grant extension, until November 23, 2018.
All other terms and conditions apply.
Agreeing to these amended terms updated for the Grant Extension for Wisetail, BSTF 1-16-21
For the Business Assistance Agreement and Management Plan, are;
_________________________________________
Cristy Petersen, Wisetail Office Manager
_________________________________________
Brit Fontenot, Director Economic Development, City of Bozeman
_________________________________________
Paul Reichert, Executive Director, Prospera Business Network
_________________________________________
Cindy Andrus, Mayor, City of Bozeman
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Montana Department of Commerce City of Bozeman
COMMERCE CONTRACT #MT-BSTF-1-16-21
MT-BSTF-1-16-21A
MONTANA DEPARTMENT OF COMMERCE
CONTRACT AMENDMENT # MT-BSTF-1-16-21B
This Contract Amendment is entered into by and between the City of Bozeman, (“Contractor”)
and the Montana Department of Commerce (“Department”).
The Contractor and the Department mutually agree to amend Contract #MT-BSTF-1-16-21
and MT-BSTF-1-16-21A (“Contract”), executed by them on June 29, 2016 and April 25, 2017
as follows:
1. Section 6 Effective Date and Time of Performance of the Contract is amended to read:
(a) This Contract shall take effect on May 23, 2016 and will terminate upon completion of the
final closeout by the Department, or by November 23, 2018, whichever comes first, unless
otherwise terminated in accordance with the terms of this Contract.
(b) All Program award monies must be expended by the Contractor within the timeline specified
in the Contractor’s application, which by reference is made a part of this Contract. The
Contractor may modify the implementation schedule set forth in the Contractor’s application
only upon obtaining prior approval of the Department.
(c) Each party, after termination of this Contract, remains subject to and obligated to comply
with all legal and continuing contractual obligations arising in relation to its duties and
responsibilities that may arise under the contract including, but not limited to, record
retention, audits, and indemnification.
(d) The Department reserves the right to extend this Contract based on, but not limited to, the
Contractor’s performance of the contracted activities, and the Contractor’s compliance with
program requirements.
2. Section 7 Budget of the Contract is amended to read:
(a) The total amount to be awarded to the Contractor under this Contract will not exceed
$100,000.00, to be used as follows:
• Up to $92,000.00 to assist the Assisted Business with the purchase of equipment and software
license agreements; and
• Up to $8,000.00 for eligible administrative expenses.
DocuSign Envelope ID: C1FF531F-954A-4259-8539-27C9F5131ECC
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(b) The Project budget is set forth in the application, as submitted by the Contractor and approved
by the Department, and as specifically incorporated by this reference. The Department must
approve budget adjustments to the Project in advance. To obtain approval of a budget adjustment,
the Contractor shall describe the rationale for a budget adjustment in writing to the Department.
(c) Any Project expenses the Contractor fails to incur on or before November 23, 2018 will revert
to the Big Sky Economic Development Trust Fund.
3. All other provisions of the Contract remain in full force and effect.
Cyndy Andrus, Mayor Date
City of Bozeman
Pam Haxby-Cote, Director Date
Montana Department of Commerce
DocuSign Envelope ID: C1FF531F-954A-4259-8539-27C9F5131ECC
6/19/2018
6/19/2018
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Contract Amendment # MT-BSTF-1-16-21A
City of Bozeman
COMMERCE CONTRACT #MT-BSTF-1-16-21
MONTANA DEPARTMENT OF COMMERCE
CONTRACT AMENDMENT # MT-BSTF-1-16-21B
This Contract Amendment is entered by and between the City of Bozeman, (“Contractor”) and
the Montana Department of Commerce (“Department”).
The Contractor and the Department mutually agree to amend Contract #MT-BSTF-1-16-21
(“Contract”), executed by them on June 29, 2016 as follows:
1. Section 1 Purpose of the Contract is amended to read:
The purpose of this Contract is to provide funding for Big Sky Economic Development Trust
Fund (BSTF) Program (the Program) Economic Development Job Creation Project activities
approved by the Department which the Contractor has applied for project funds pursuant to
Sections 90-1-201 et seq., Montana Code Annotated (MCA).
Program funds have been awarded to assist the Contractor and Bigart Ecosystems, LLC dba
Wisetail, 212 S Wallace, Suite B2, Bozeman, MT 59715-4892 (the “Assisted Business”) with
the purchase of equipment and wage reimbursement and the creation of jobs in Montana.
The Assisted Business has agreed to create 20 eligible net new jobs at the project site located
at 212 S Wallace, Suite B2, Bozeman, MT 59715-4892 (the “Project Site”) in the Contractor’s
jurisdictional area within the Contract time period. An eligible net new job is defined as one
that is new to the company and has not been filled before May 23, 2016. Eligible new job
criteria is a full-time job, meaning a predominantly year-round position requiring an average of
35 hours of work each week, and pays wages that meet or exceed $18.09 per hour not
including employee benefits that meet the requirements of the Employee Retirement Income
Security Act of 1974, 29 U.S.C. 1001, et seq.
In addition, the Contractor and the Assisted Business have agreed to a total new investment
at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial
assistance received, within this Contract time period.
2. Section 6 Effective Date and Time of Performance of the Contract is amended to read:
(a) This Contract shall take effect on May 23, 2016 and will terminate upon completion of the
final closeout by the Department, or by November 23, 2018 , whichever comes first,
unless otherwise terminated in accordance with the terms of this Contract.
(b) All Program award monies must be expended by the Contractor within the timeline specified
in the Contractor’s application, which by reference is made a part of this Contract. The
Contractor may modify the implementation schedule set forth in the Contractor’s application
only upon obtaining prior approval of the Department.
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Contract Amendment # MT-BSTF-1-16-21A
City of Bozeman
(c) Each party, after termination of this Contract, remains subject to and obligated to comply
with all legal and continuing contractual obligations arising in relation to its duties and
responsibilities that may arise under the contract including, but not limited to, record
retention, audits, and indemnification.
(d) The Department reserves the right to extend this Contract based on, but not limited to, the
Contractor’s performance of the contracted activities, and the Contractor’s compliance with
program requirements.
3. Section 7 Budget of the Contract is amended to read:
(a) The total amount to be awarded to the Contractor under this Contract will not exceed
$100,000.00, to be used as follows:
• Up to $92,000.00 to assist the Assisted Business with the purchase of equipment and
software license agreements; and
• Up to $8,000.00 for eligible administrative expenses.
(b) The Project budget is set forth in the application, as submitted by the Contractor and approved
by the Department, and as specifically incorporated by this reference. The Department must
approve budget adjustments to the Project in advance. To obtain approval of a budget
adjustment, the Contractor shall describe the rationale for a budget adjustment in writing to
the Department.
4. Section 8 Conditions on Method of Reimbursement of the Contract is amended to read:
(a) The total amount to be awarded to the Contractor under the Contract shall be up to $5,000.00
per eligible net new job created by the Assisted Business for documented costs with
reimbursement not to exceed a total of $100,000.00 for the entire Contract. The Department
will not reimburse the Contractor for any costs incurred prior to May 23, 2016, nor for any
expenses not included in the approved budget or not clearly and accurately supported by the
Contractor’s records.
(b) The Contractor and the Assisted Business shall satisfy the matching funds requirements
consistent with the purposes expressed in the application during the period of the Contract
and shall meet or exceed the 1:1 required match ratio.
(c) Unless otherwise authorized by the Department, the Contractor may receive award funds
periodically over the Contract period only upon documenting the expenditure of the required
matching funds and the creation of the eligible net new jobs by the Assisted Business, and after
incurring eligible expenses.
(d) The Department will use funds appropriated for the Program to fund awards to those entities
that have received a Notice of Award letter. The Contractor acknowledges that its access to
Program funds is subject to their availability.
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Contract Amendment # MT-BSTF-1-16-21A
City of Bozeman
(e) The Department agrees that, if and when the funds described in paragraph (a) of this Section
are available, the Department will authorize the Contractor to request payment from Program
funding awarded for the Contractor’s Project. In requesting reimbursement, the Contractor
will follow the instructions supplied by the Department.
(f) The Contractor shall satisfy the matching funds requirements consistent with the purposes
expressed in the Contractor’s application during the period of the Contract.
(g) The Department will only release funds to reimburse eligible and documented costs. Funds can
be requested by sending a Request for Payment, in the format prescribed by the Department,
signed by duly authorized representatives of the Contractor.
(h) As further set forth in Section 5 ACCEPTANCE OF PROGRAM REQUIREMENTS and Section
24 TERMINATION OF CONTRACT, if the Contractor fails to or is unable to comply with any
of the terms and conditions of this Contract, any costs incurred will be the Contractor’s sole
responsibility and the Contractor agrees to repay to the Department any funds advanced under
the Contract.
(i) The Project funds may not be used to cover any costs incurred by the Contractor prior to May
23, 2016, for any expenses not included in the Contractor’s application or an approved
adjustment thereto, or for any expenses not clearly and adequately supported by the
Contractor’s records.
(j) Once the Department has determined a Request for Payment to be complete, the Department
is allowed thirty (30) working days to process a Request for Payment. The Contractor shall
provide signatory and banking information at the time of Contract execution in order to
facilitate electronic funds transfer payments. The Department may withhold payments to the
Contractor if the Contractor has breached the terms of this Contract.
(k) If actual Project expenses are less than projected in the budget, the Department, at its
discretion, may reduce the amount of BSTF funds to be provided to the Contractor accordingly.
(l) If the Department determines that the Contractor has failed to satisfactorily carry out its
responsibilities under this Contract, the Department may withhold payment to the Contractor
until such time as the parties agree on a plan to remedy the deficiency.
(m) The Department reserves the right to withdraw a commitment of any Program funds for
projects not ready to proceed within three (3) months after the date of tentative award.
(n) If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite
duration, then the Contractor shall reimburse the Department all funds received for that job.
If the Assisted Business fails to create the required number of jobs, then the Contractor shall
reimburse the Department the difference between the total amount advanced and the amount
attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site,
then the Contractor shall reimburse the Department all funds received under this Contract.
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Contract Amendment # MT-BSTF-1-16-21A
City of Bozeman
(o) At the request of the Department, Requests for Payment for contracted or subcontracted
services must attach appropriate documentation demonstrating compliance with contract
requirements.
(p) The Contractor may not use monies provided through this Contract as payment for Project
costs that are reimbursed from other sources.
(q) The Department will withhold ten percent (10%) of the total amount awarded to the
Contractor until the Department approves the complete job creation and wage reimbursement
and all tasks outlined Section 2 SCOPE OF WORK are completed by the Contractor and
approved by the Department.
5. All other provisions of the Contract remain in full force and effect.
___________________________________________________________________
Cindy Andrus Date
Mayor, City of Bozeman
_____________________________________________________________________
Pam Haxby-Cote, Director Date
Montana Department of Commerce
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