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HomeMy WebLinkAbout03-25-19 City Commission Packet Materials - C12. Res 5036, Supporting the Application to the BSTF on Behalf of Swarming Tech Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Director of Economic Development SUBJECT: Resolution 5036 Supporting the Application to the Big Sky Economic Development Trust Fund Program, Administered by the Montana Department of Commerce, on behalf of Swarming Technology. MEETING DATE: March 25, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 5036 authorizing the City’s application for a Big Sky Trust Fund Category I job creation grant on behalf of Swarming Technology 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. Swarming Technology is a Milwaukee, Wisconsin based technology company, but more than just an average e-commerce company. They are digital architects who build IT infrastructures for businesses of all types and sizes. They are idea generators and problem solvers who create solutions to complex problems. Their in-house team of creatives, strategists, project managers and technical gurus are dedicated to making hard work pay off. Swarming Technology want to be part of Bozeman’s vibrant and growing tech scene. MEDIA: The Milwaukee Business News, September 18, 2017 – Future 50 Companies are building up the Milwaukee region UNRESOLVED ISSUES: None 121 ALTERNATIVES: As proposed by the City Commission FISCAL EFFECTS: If the application is successful, Swarming Technology may be awarded up to $5,000 per net new job with a target of twelve (12) net new jobs over the next twenty-four (24) months for a total grant award, if all twelve (12) proposed new jobs are filled, of $ 60,000. It is important to note that the Big Sky Trust Fund support provided by the City of Bozeman, in longstanding partnership with Prospera, is not without financial risk, although the City and Prospera 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. 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. The City of Bozeman is the guarantor of these grants and is ultimately responsible for any defaults. In partnership with the Department of Commerce and Prospera, the City has supported multiple BSTF assisted businesses. The chart below shows the details of the businesses assisted since 122 January, 2016. Note that one City of Bozeman grant has been closed out prior to the generation of the table (Apptus). ATTACHMENTS: 1) Resolution 5036; and 2) Swarming Technology Signature Certification. Report compiled on Wednesday, March 6, 2019. 123 RESOLUTION NO. 5036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE APPLICATION TO BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM ADMINISTERED BY THE STATE OF MONTANA, DEPARTMENT OF COMMERCE, ON BEHALF OF SWARMING TECHNOLOGY. WHEREAS, the Bozeman City Commission is committed to facilitating economic diversification in the City and the region; and WHEREAS, the Bozeman City Commission is committed to facilitating mid- and high- wage job creation and expansion, thus positively impacting the economy of the entire region; and WHEREAS, Swarming Technology, desires to expand their business and create additional technology jobs in Bozeman; and WHEREAS, the City Commission has determined that the technology sector has high growth potential, supports mid to high wage jobs and supports economic diversity; and WHEREAS, the Montana Department of Commerce administers the Big Sky Economic Development Trust Fund Category I job creation program, a state-funded program, to create good paying jobs for Montana residents, promote long-term, stable economic growth in Montana, create partnerships, expand existing businesses and provide a better life for future generations through greater economic growth and prosperity; and 124 WHEREAS, the City Commission hereby authorizes and appoints The Prospera Business Network to administer, on behalf of the City of Bozeman, all aspects of the Big Sky Trust Fund Economic Development Category I grant and provide administrative support and other responsibility for the management and appropriate reporting to the Montana Department of Commerce. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, the City agrees to submit an application, through The Prospera Business Network, to the Montana Department of Commerce, Big Sky Economic Development Trust Fund Program to assist Swarming Technology in their expansion project and that The Prospera Business Network will manage all aspects of the grant. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of March, 2019. CYNTHIA L. ANDRUS Mayor ATTEST: ROBIN CROUGH City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 125 VIII. CERTIFICATION BY LOCAL GOVERNMENT AND BUSINESS As the responsible authorized agents of Local Government Applicant: City of Bozeman and Applicant Business: Swarming Technology, LLC. we hereby submit this Big Sky Economic Development Trust Fund Application. The information presented in this application is, to the best of our knowledge, true, complete and accurately represents the proposed project. We understand that additional information and documentation may be required. In addition, we understand that the local or tribal government applicant 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: misrepresents itself or its claims, fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement, or ceases operations at the Project Site. X The Applicant designates Paul Reichert at 406-587-3113 (at Prospera Business Network) as the authorized contact for any additional Department requests for the release of additional information regarding this application for BSTF funds. Local Government Applicant: City of Bozeman will accept responsibility for management of the project and compliance with Big Sky Economic Development Trust Fund regulations. Applicant Business: Swarming Technology, LLC will accept responsibility for compliance with applicable Big Sky Economic Development Trust Fund regulations as specified in this application. Name (typed):       Local Government Title (typed):       Chief Elected Official Signature:X Date:       As the responsible authorized agents of the Assisted Business: Swarming Technology, LLC we hereby submit this Big Sky Economic Development Trust Fund Application. The information presented in this application is, to the best of our knowledge, true, complete and accurately represents the proposed project. We understand that additional information and documentation may be required. In addition, we understand that the local or tribal government applicant 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: misrepresents itself or its claims, fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement, or ceases operations at the Project Site. The assisted business agrees that the Montana Department of Commerce and the Montana Department of Revenue may share financial and tax information related to this application. Name (typed): Ian Baxter Assisted Business Title (typed): CEO Swarming Technology, LLC Authorized Representative Signature:X Date:       3/4/2019 126