HomeMy WebLinkAbout18- Amendment to Business Assistance Agreement and Management Plan - Wisetail, BSTF 1-16-21 - Grant Extension V P wl STI�i
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 91h, 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 Ex e Dire Prospera.Business Network
Cindy Andrus, ayor,C' of B eman
DocuSign Envelope ID:C1 FF531 F-954A-4259-8539-27C9F5131 ECC
COMMERCE CONTRACT#MT-BSTF-I-16-21
MT-BSTF-I-16-21 A
MONTANA DEPARTMENT OF COMMERCE
CONTRACT AMENDMENT# MT-BSTF-1-16-21 B
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-I-16-21
and MT-BSTF-1-16-21 A ("Contract"), executed by them on June 29, 2016 and April 25, 2017
as follows:
I. 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.
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DocuSign Envelope ID:C1 FF531 F-954A-4259-8539-27C9F5131 ECC
(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.
6/19/2018
Cyndy Andrus, Mayor Date
City of Bozeman
6/19/2018
Pam Haxby-Cote, Director Date
Montana Department of Commerce
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COMMERCE CONTRACT#MT-BSTF-I-16-21
MONTANA DEPARTMENT OF COMMERCE
CONTRACT AMENDMENT#MT-BSTF-I-16-2 1 B
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 I Purpose of the Contract is amended to read:
The purpose of this Contract is to provide funding for Big Sly 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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(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 I:I 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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(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.
(1) 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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(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.
"4"-- /I
findy s Date
, City of z an
Pam Haxby-Cote, Director Date
Montana Department of Commerce
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