HomeMy WebLinkAbout08-20-18 City Commission Packet Materials - C4. BSTFG Award for FreeAgent
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 FreeAgent (Contract # MT-BSTF-1-19-
08)
MEETING DATE: August 20, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION:
Authorize Mayor Andrus 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 FreeAgent.
BACKGROUND:
On June 25, 2018 the City Commission approved Resolution 4918 authorizing
the submittal and administration of the Big Sky Economic Development Trust Fund
(“BSTF”) grant application by the Northern Rocky Mountain Economic Development
District (“NRMEDD”) on behalf of FreeAgent. (Exhibit 1)
On July 20, 2018 the Office of the Governor notified the City of Bozeman that the
City’s application, facilitated by NRMEDD, was approved and FreeAgent was awarded up
to $50,000 in BSTF Category I, Job Creation funding by the Montana Department of
Commerce (DoC), Big Sky Economic Development Trust Fund Program (Contract # MT-
BSTF - 1-19-08). (Exhibit 2) FreeAgent agrees to create up to 10 net new full time jobs
in the next year that meet or exceed the BSTF wage rate of $19.58 per hour, not
including employee benefits.
As part of the administration of the BSTF grant, the DoC and NRMEDD require
the sponsoring entity, the City of Bozeman (the “City”), to enter into several agreements
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with the DoC, NRMEDD and the FreeAgent, including the attached contract document.
(Exhibit 3)
During the term of the contract, FreeAgent endeavors to create up to 10 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 $19.58 per eligible net new job
created by the assisted business for documented costs with reimbursement not to
exceed a total of $50,000 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 July 19, 2018;
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 $19.58 per hour, not including
employee benefits.
THE NORTHERN ROCKY MOUNTAIN ECONOMIC DEVELOPMENT DISTRICT:
The City and NRMEDD work collaboratively on numerous economic development
projects although, if approved, this will be the first BSTF grant collaboration. NRMEDD
will provide grant administration, contract management and reporting under the BSTF
requirements.
Once the grant is funded, NRMEDD 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 NRMEDD management of the BSTF
grant award as the recipient entity for the grant funds, as required by the DoC.
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GRANT AGREEMENTS:
The following agreement must be entered into by the City to complete the grant
and provide the award to FreeAgent:
Montana Department of Commerce Big Sky Economic Development Trust Fund
Program Document, referred to as the Contract (# MT-BSTF - 1-19-08), provides the
Category 1 funding to the City.
There are 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 NRMEDD authorizes NRMEDD to
manage the grant program on behalf of the City;
2. The Management Plan identifies the grant management requirements of
the City, NRMEDD, and FreeAgent);
3. The Business Assistance Agreement between the City and FreeAgent
details the conditions FreeAgent 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
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, NRMEDD will earn administrative fees based
upon the number of net new jobs FreeAgent creates over the next year. Additionally,
minimal City staff time is required to provide the appropriate review of documents and
approvals.
Please note that the Big Sky Trust Fund support provided by the City of Bozeman,
in longstanding partnership with NRMEDD, is not without financial risk, although the
City and NRMEDD work closely together with the assisted business to minimize the risk.
If the number of jobs identified in the contract is not filled by the assisted business, but
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grant dollars are received by the assisted business, the contract between the assisted
business and the City of Bozeman contains the following financial restoration sections:
Section 8 Conditions on Method of Reimbursement:
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.
AND
Section 3 Compensation and Consideration:
c. The Assisted Business agrees that if the local government or
tribal government request the funds before the jobs are
created, and the Department agrees to that request, the local
or tribal government and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award
that is advanced by the Department, if the assisted business:
1. Fails to create or maintain the number of net
new eligible jobs as specified in the executed
contract and assistance agreement, or
2. Fails to inject the required amount of match into
the project as specified in the executed contract
and assistance agreement.
Additionally the Department may recapture funds if:
a. At the end of the contract period the Department has
overpaid based on the number of net new jobs at the end of
the contract period.
b. The business ceases operations at the Project Site within the
contract period.
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While important to be aware of the contractual relationships and obligations, it
is also important to note that, to date, neither the City nor the Department of
Commerce has exercised theses sections on an assisted business in Bozeman. In
partnership with the Montana Department of Commerce and NRMEDD, the City has
supported numerous BSTF assisted businesses.
EXHIBITS:
1) June 25, 2018 packet material (Resolution 4918);
2) Governor’s Office Letter of Award dated July 20, 2018;
3) Montana Department of Commerce, Big Sky Economic Development Trust Fund
Program Contract # MT-BSTF - 1-19-08; and
4) Signed budget amendment.
Report compiled on: 08-06-18
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
David Fine, Economic Development Specialist
SUBJECT: Resolution 4918 Supporting the Application to the Big Sky Economic
Development Trust Fund Program Administered by the Montana
Department of Commerce, on Behalf of Free Agent.
MEETING DATE: 6/25/2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 4918 authorizing the City’s application for a Big
Sky Trust Fund Category I job creation grant on behalf of Free Agent and administered
by Northern Rocky Mountain Economic Development District (NRMEDD).
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 higher paying jobs; a Bozeman City
Commission priority.
The local governing body is required to apply for the grant on behalf of the
business as a co-applicant with the NRMEDD. Should the grant be awarded to Free
Agent, staff recommends that the City Commission appoint NRMEDD to administer all
aspects of the grant on behalf of the City of Bozeman.
Free Agent is a software company, originally based in Silicon Valley, CA and
would like to grow their company and shift their corporate headquarters to Bozeman,
Montana. They offer the easiest to use CRM for small business. The founding leadership
team were executives at ServiceNow (NYSE: NOW), the 2nd cloud software company to
ever break $1B in annual sales. The founding CEO also has held leadership roles at
Oracle & was the founding CEO of Coupa, a cloud software company that is now public
(NASDAQ: COUP) and valued at almost $3.5B. www.freeagentcrm.com
UNRESOLVED ISSUES: None
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ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: If the application is successful, Free Agent may be awarded up to
$5,000 per net new job with a target of 25 net new jobs over the next 24 months for a
total grant award, if all proposed new jobs are filled, of $125,000.
It is important to note that the Big Sky Trust Fund support provided by the City of
Bozeman, in longstanding partnership with NRMEDD, is not without financial risk,
although the City and NRMEDD work closely together with the assisted business to
minimize the risk. If the number of jobs identified in the contract is not filled by the
assisted business, but grant dollars are received by the assisted business, the contract
between the assisted business and the City of Bozeman contains the following financial
restoration sections:
Section 8 Conditions on Method of Reimbursement:
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.
AND
Section 3 Compensation and Consideration:
c. The Assisted Business agrees that if the local government or
tribal government request the funds before the jobs are
created, and the Department agrees to that request, the local
or tribal government and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award
that is advanced by the Department, if the assisted business:
a. Fails to create or maintain the number of net new
eligible jobs as specified in the executed contract and
assistance agreement, or
b. Fails to inject the required amount of match into the project as
specified in the executed contract and assistance agreement.
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Additionally, the Department may recapture funds if:
a. At the end of the contract period the Department has overpaid
based on the number of net new jobs at the end of the contract
period.
b. The business ceases operations at the Project Site within the
contract period.
In partnership with the Department of Commerce and local Economic
Development Organizations, the City has supported eight BSTF assisted businesses. The
chart below, although dated, shows the details of some of the businesses assisted since
January 2017. Note that one City of Bozeman grant has been closed out prior to the
generation of the table (Apptus) and one (Simms Fishing Products) is located in Gallatin
County.
Attachments:
1) Resolution 4918; and
2) BSTF Signature Certification for City of Bozeman.
Report compiled on: June 12, 2018
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From:Agenda
To:Brenda Sweeney
Subject:FW: Big Sky Economic Development Trust Fund (BSTF) Award - FreeAgent Network, Inc.
Date:Friday, July 20, 2018 4:07:19 PM
Attachments:City of Bozeman - FreeAgent BSTF Award Letter.pdf
From: Robinson, Annmarie [mailto:ARobinson3@mt.gov]
Sent: Friday, July 20, 2018 1:34 PM
To: Cyndy Andrus <CAndrus@BOZEMAN.NET>
Cc: Davidson, Debi <DDavidson2@mt.gov>; Robin Crough <RCrough@BOZEMAN.NET>; Brit Fontenot
<bfontenot@BOZEMAN.NET>; Rob Gilmore <RobGilmore@msn.com>; Dave Stephens
<dave@freeagentsoftware.com>
Subject: Big Sky Economic Development Trust Fund (BSTF) Award - FreeAgent Network, Inc.
Mayor Andrus – Congratulations – as per the attached award letter, the City of Bozeman received
$50,000 of BSTF Job Creation funding to assist FreeAgent Network, Inc. towards the creation of 10
net new jobs.
Debi Davidson has been assign your liaison and will be contact FreeAgent Network, Inc. to schedule
the on-boarding within the next two weeks.
If you should have any questions, please do not hesitate to contact me.
ANNMARIE ROBINSON
BSTF and WTG Section Manager
MONTANA
OFFICE OF TOURISM AND BUSINESS DEVELOPMENT
DEPARTMENT OF COMMERCE
T: 406.841.2250
MarketMT.com
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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
July 20, 2018 Mayor Cyndy Andrus
City of Bozeman P O Box 1230 Bozeman, MT 59771-1230
RE: Notice of Big Sky Economic Development Trust Fund Grant Award for FreeAgent Network, Inc.
Dear Mayor Andrus: Congratulations! On behalf of the State of Montana, it is my pleasure to notify you that the City of Bozeman has been awarded up to $ 50,000.00 from the Montana Department of Commerce – Big Sky Economic Development Trust Fund (BSTF) Program to assist FreeAgent Network, Inc. This award, effective July 19, 2018, is for FreeAgent Network, Inc. to be reimbursed on eligible wages that will enable the business to create ten (10) 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
key 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 to be stronger and more competitive for our next generation of entrepreneurs. I want to personally thank you for partnering with the state to create jobs for Montanans.
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, STEVE BULLOCK Governor cc: Dave Stephens, FreeAgent Network, Inc. Rob Gilmore, Northern Rockies Economic Development Group Annmarie Robinson, Big Sky Economic Development Trust Fund Program
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Business Assistance Agreement with Management Plan 1 Government and Assisted Business
AGREEMENT BETWEEN the City of Bozeman AND FreeAgent Network, Inc. BSTF Grant #MT-BSTF- 1-1908 A. PARTIES: The parties to this contract (the Contract) are City of Bozeman, MT, located at 121 N Rouse Ave, Bozeman, MT 59715, (the “Government”), and FreeAgent Network, Inc., located at 1203 N. Rouse Ave, Ste E, Bozeman, MT 59715 (the “Assisted Business”); Tax identification number EIN 81-
3694831. B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to $50,000 in Big Sky Economic Development Trust Fund (the “BSTF”) grant funds, to be used as follows:
• Up to $50,000.00 to assist with reimbursement on wages. a. The Assisted Business has agreed to create 10 eligible net new jobs at the project site located at 1203 N. Rouse Ave, Ste E, Bozeman, MT 59715, MT (the “Project Site”) in Gallatin County. An eligible net new job is defined as one that is new to the company and has not been filled on or before July 19th, 2018. 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 b. Pay wages that meet or exceed $19.58 per hour, not including benefits. c. In addition, the Assisted Business has 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, to satisfy the required match ratio for the grant. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties hereto agree as follows: 1. SCOPE AND DUTIES: The Government and the Assisted Business shall engage in activities as set forth in the Government’s Montana Department of Commerce (“Department”) BSTF application, including any written modifications resulting from the review of the application by the Department for grant
assistance, all of which, by this reference are made a part hereof. The Government shall enter into this Assistance Agreement with the Assisted Business that shall be approved in writing by the Department before the release of funds. The Government will only release funds to reimburse eligible and documented costs. Management of the BSTF grant is referenced in the attached Exhibit A of this Contract. 2. REPORTING: Unless otherwise specified by the Government, the Assisted Business will also submit Project Progress Reports quarterly to the Government and the Department until the Assisted Business receives Contract closeout approval from the Government and Department. The Project Progress Report must be provided on or before April 30, July 31, October 31, and January 31 for each year of the Contract time period and at closeout of the Contract. The Project Progress Reports shall include, but are not limited to, the following information:
• Certified employment documentation from the Assisted Business that includes the breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job Certification Form; and
• 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 with 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; and
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Business Assistance Agreement with Management Plan 2 Government and Assisted Business
o any other pertinent information. In drawing against the reserved amount, the Assisted Business shall:
• Provide a Project Progress Report, and a current, signed Job Creation Spreadsheet and Certification as noted above;
• Provide documentation of eligible reimbursable costs/match-with invoices; and
• Update the Invoice Tracking spreadsheet, with updates of latest invoices included. 3. COMPENSATION AND CONSIDERATION: The total amount to be reimbursed to the Assisted
Business under the Contract shall be up to $5,000.00 (less grant administration fees) per eligible net new job created by the Assisted Business for documented costs with reimbursement not to exceed a total of $50,000, minus grant administration dollars for the entire Contract.
The Government will not reimburse the Assisted Business for any costs incurred prior to July 19th, 2018, nor for any expenses not included in the approved budget or not clearly and accurately supported by the
Assisted Business’s records. a) The Government will authorize the Assisted Business to draw up to $50,000 against the funding reserved for the Assisted Business by the Department. Unless otherwise authorized by the Government, the Assisted Business may receive grant funds periodically over the Contract period only upon documenting the expenditure of the required $50,000 in matching funds and the creation of the eligible net new jobs by the Assisted Business, and after incurring eligible expenses.
b) If the Government determines that the Assisted Business has failed to satisfactorily carry out the duties and responsibilities under the Contract, the Government may revoke the Assisted Business's ability to access additional funds until such time as the Government and the Assisted Business agree on a plan to remedy the deficiency. c) The Government may recapture funds and return funds to the Department if:
• At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period; or
• The Assisted Business ceases operations at the Project Site within the contract period. d) The Government reserves the right to withdraw a commitment for any BSTF funds which remain un-disbursed at Contract closeout or at the end of the Contract period.
e) The Assisted Business certifies that no request for reimbursement submitted for eligible expenses under this Contract shall duplicate any expense submitted to the Department for reimbursement under any other program administered by the Department. 4. PERIOD OF CONTRACT: The Contract will be in effect for the period commencing July 19th, 2018 and ending July 19th, 2019 unless otherwise terminated by law or in compliance with the terms of the Contract. With approval by the Department, the Government reserves the right to extend this Contract based on, but not limited to, the Assisted Business’s performance of the contracted activities, and the Assisted Business’s compliance with program requirements. This would include but is not limited to: a) The Assisted Business has created the net new jobs paying the BSTF wage rate per the original application; and b) The submission of:
• a new Job Creation Report and executed Certification form;
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Business Assistance Agreement with Management Plan 3 Government and Assisted Business
• A formal request from the Government, that provides the Department with a clear picture of the current business activities which clearly outlines why a contract extension is being requested;
• A new hiring plan that covers the extension period; and
• Any additional information as requested by the Department in making their determination of approval. 5. LIAISON: The contact person for the Government is Brit Fontenot (406-579-1302) or successor, and Dave Stephens, CEO or successor for the Assisted Business.
6. SIGNATORY JOB CREATION REPORTING: The person responsible for approving and signing the Job Creation Certification for the Assisted Business is Dave Stephens, CEO, or successor in the same job role, and Ryan Manning, CSO or successor in the same job role.
7. PROJECT MONITORING: 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. 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. 7. COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Assisted Business accepts responsibility for supplying, and requiring all subcontractors to supply, the Government 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 Assisted Business nor its employees are employees of the Government. 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 Government 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 11 TERMINATION OF CONTRACT IF THE ASSISTED BUSINESS 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. 8. ACCESS AND RETENTION OF RECORDS: Upon receipt of reasonable advance notice, the Assisted Business agrees to provide the Government, Montana Department of Commerce, Legislative Auditor or
their authorized agents, access to any records necessary to determine contract compliance. The Assisted Business agrees to create and retain records supporting the BSTF project activities for a period of three 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.
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Business Assistance Agreement with Management Plan 4 Government and Assisted Business
9. 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 Government, 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 Government may, if sufficient program funds are available, compensate the Assisted Business for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date. The Government will notify the Assisted Business of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, will provide the Assisted Business with a modified Project budget. b) Termination for Cause with Notice to Cure Requirement. The Government may terminate this Contract for failure of the Assisted Business, its contractors, or subcontractors to perform or comply with any of the services, duties, terms or conditions contained in this Contract after giving
the Assisted Business 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 Assisted Business’s, its
contractors', or subcontractors' failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the responsibility of the Assisted Business. However, at its sole discretion, the Government may approve requests by the Assisted Business for reimbursement of expenses incurred. The Government’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 Assisted Business 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 Assisted Business’s control. 10. COMPLIANCE WITH LAWS: The Assisted Business must, in performance of work under this
Contract, fully comply with all applicable federal, state, local and tribal 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 Assisted Business subjects subcontractors to the same provisions. In accordance
with Mont. Code Ann. § 49-3-207, Executive Order No. 04-2016, the Assisted Business 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. The Affordable Care Act requires an Assisted Business, if the Assisted Business 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.
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Business Assistance Agreement with Management Plan 5 Government and Assisted Business
Dave Stephens, CEO Free Agent CRM Bozeman, MT
Andrea Surratt, City Manager City of Bozeman
ATTEST: Robin Crough City Clerk
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Business Assistance Agreement with Management Plan 6 Government and Assisted Business
Exhibit A MANAGEMENT PLAN
On July 19th, 2018, the City of Bozeman, was awarded a grant from the Big Sky Economic Development Trust Fund (BSTF) Program to assist FreeAgent Network, Inc. with BSTF Funds for the creation of jobs in Montana. The Northern Rocky Mountain Economic Development District was named to be responsible for assisting with the administration of the BSTF grant. This Management Plan is written to assure proper management of the BSTF grant, which includes financial management of grant funds, compliance with state and federal requirements, and the timely start-up and completion of project activities. A. ADMINISTRATIVE STRUCTURE
1. City of Bozeman; (GOVERNMENT)
The following persons will have lead responsibility for administering the Government’s BSTF grant to facilitate an expansion of the Assisted Business:
a. Andrea Surratt, as the City Manager of Bozeman, will have responsibility for all official contacts with the Montana Department of Commerce (Department). The Bozeman City Commissioners will have the ultimate authority and responsibility for
the implementation of the city’s BSTF grant to facilitate an expansion of Free Agent.
The City Manager will approve and sign administrative documents, contracts and approve all payment requests to the BSTF program. The telephone number for the Andrea Surratt is (406) 582-2306.
b. The City Clerk, will review any proposed contractual agreements associated with
the BSTF grant, advise the Commissioners regarding the agreements, and provide
any other legal guidance as requested. Telephone: (406) 582-3000.
c. Robin Crough, City Clerk has been designated as the Fiscal Contact and will be responsible for maintaining all financial records related to the BSTF grant for Gallatin County Commissioners. Telephone: (406) 582-3002.
d. Brit Fontenot, Grants Coordinator will be responsible for maintaining all official records related to the BSTF grant for Bozeman City Commissioners. He has been designated as the Project Manager and will be responsible for maintaining records related to the management of the BSTF grant funds for the City of Bozeman. He
will be the liaison between the Northern Rocky Mountain Economic Development
District, the Commissioners and the City Attorney. Telephone: (406) 582-2258.
2. Northern Rocky Mountain Economic Development District, ECONOMIC DEVELOPMENT ORGANIZATION (EDO)
The EDO will provide general technical assistance, coordination of funding sources, assurances of compliance with all applicable state requirements for the BSTF grant program. The Government has designated the EDO as its Administrator. The following EDO personnel will be responsible for the project:
Mike Hedegaard, Program Director, will be responsible for all official contracts with the Government on behalf of the EDO. Telephone: (406) 396-3556.
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Business Assistance Agreement with Management Plan 7 Government and Assisted Business
a. Mike Hedegaard, Program Director, will serve as the EDO Administrator and will be responsible for overall coordination of the BSTF grant awarded to the Government. Telephone: (406) 396-3556.
3. FreeAgent Network, Inc.,
The following Assisted Business Officer will be responsible for the implementation of the project: a. Dave Stephens will serve as the Business Official for the Assisted Business. These persons will have responsibility for all official contracts with the Government and will be the liaison with
the EDO and the BSTF Department Staff. Telephone: (650)799-3386.
B. PROJECT MANAGEMENT
1. Brit Fontenot, City of Bozeman, will:
a. Work with the EDO Administrator and the Department in the timely execution of the BSTF contract between the Government and the Department.
b. Work with the EDO Administrator and the Assisted Business in the development of a Business Assistance Agreement.
c. Make appropriate recommendations and route all contract documents, administrative documents, and payments as necessary.
d. Review all proposed expenditures of BSTF funds to ensure compliance with the BSTF contract.
e. Review, approve, and submit the BSTF payment requests, after preparation by EDO Administrator and approval by the Commissioners, to the BSTF Program, Montana Department of Commerce, and ensure disbursement of funds.
f. Review and approve all BSTF closeout documents.
2. Mike Hedegaard and Rob Gilmore will serve as, EDO Administrators responsible for the following day to day project activities and will be:
a. Assisting the Government and the Department in developing the Government contract, along with all the required paperwork, with the Department that will address all requirements related to effective project start-up and implementation.
b. Assisting the Government and the Assisted Business with the preparation of a Business Assistance Agreement.
c. Establishing and maintaining complete and accurate project files and preparing all documentation and reports incidental to administration of the project.
d. Assist the Assisted Business with the baseline and subsequent Job Creation Report and Job Creation Certification.
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Business Assistance Agreement with Management Plan 8 Government and Assisted Business
e. Meet regularly with the Assisted Business to monitor the business’s compliance with the requirements of the grant assistance agreement including implementation of the project hiring or hiring/training plan.
f. Reviewing all proposed project expenditures or payment requests from the business to ensure their propriety and proper allocation of expenditures to the BSTF project budget.
g. In cooperation with the Project Manager, processing payment requests and preparing payment requests for the Department, including the Request for Payment Form and the Project Progress Report with each payment request and quarterly report as specified by the
Department.
h. Assist the Government during the BSTF on-site monitoring visit which is conducted to ensure compliance with the requirements of the BSTF contract.
i. Preparing all required performance reports and Project Closeout Certification for submittal to the Department.
j. Closing the BSTF project in a timely fashion within the period of the contract between the Department and the Government.
k. Attending Commissioners meetings to provide project status reports and representing the
BSTF project at any other public meetings as deemed necessary by the Commissioners.
l. It is understood and agreed that the EDO’s services within this Management Plan does not include any of the following: the disbursement or accounting of funds distributed by the Government’s financial officer, legal advice, fiscal audits or assistance with activities not related to the BSTF project. 3. Dave Stephens with Ryan Manning with FreeAgent Network, Inc. will:
a. Oversee the compliance with the proposed Hiring Plan as submitted in the BSTF
Application. b. With assistance of the EDO Administrator, prepare the Job Creation Reports, Job Creation
Certifications and Progress Reports. c. Provide copies of invoices for reimbursement by the BSTF Program and to satisfy the
matching funds requirement. d. Maintain own project files. e. Assist the Project Manager, EDO Administrator with monitoring of the project. f. Will notify the Government Project Manager, EDO Administrator and Montana Department of Commerce of any changes within its business structure, business name or changes to
its registration with the Montana Secretary of State’s office.
C. FINANCIAL MANAGEMENT
As designed in the BSTF contract, the total amount of the BSTF award will not exceed $50,000.
1. Government – Awardee
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Business Assistance Agreement with Management Plan 9 Government and Assisted Business
The Fiscal Officer will be responsible for: a. Depositing and recording the BSTF funds into the Government’s existing accounting system based on claims and supporting documents approved by the Project Manager and Commissioners. b. Preparing checks/warrants for approved expenditures. c. Disbursing funds in accordance with the Government’s established claim review procedures.
d. With the assistance of the Project Manager, preparing the final financial report for the project Closeout Certification.
e. The original financial documents (claims with all supporting documents attached) will be retained in the Government’s offices. 2. Economic Development Organization - Administration Funds
a. Administrative payments consisting of reimbursement of $400 per eligible net new job created by the Assisted Business, Northern Rocky Mountain Economic Development District.
3. Assisted Business - Project Funds The Business Contact will be responsible for:
a. Supplying invoices for reimbursement and match requirement, and updating the tracking
spreadsheet for completeness and accuracy. b. Ensuring accurate deposit for each draw taken and recording the funds into the Assisted Business’s existing accounting system. c. With the assistance of the Project Manager, preparing the final financial report for the project Closeout Certification. d. The original financial documents (claims with all supporting documents attached) will be retained in the Assisted Business’s office files for at least three years.
The Government’s application to the Department for BSTF funding, dated July 10th, 2018, and all applicable federal and state statutes and regulations are incorporated into this Agreement by this reference.
This Management Plan will expire once the Montana Department of Commerce officially closes out the BSTF grant award to the Government.
WE HAVE READ THE MANAGEMENT PLAN AND ARE AWARE OF THE RESPONSIBILITIES FOR THE MANAGEMENT
AND OVERALL SUCCESS OF THE BSTF PROJECT AS THE DESIGNATED LIAISONS FOR THE PROJECT:
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Business Assistance Agreement with Management Plan 10 Government and Assisted Business
GOVERNMENT PROJECT MANAGER GOVERNMENT FISCAL OFFICER Brit Fontenot Date Robin Crough Date NRMEDD (EDO): BUSINESS CONTACT Mike Hedegaard Dave Stephens Date Name Date
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ______ day of _________________, 20__. Andrea Surratt, City Manager Date
City of Bozeman Dave Stephens, CEO Date Free Agent CRM
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