HomeMy WebLinkAbout09-09-19 City Commission Packet Materials - C2. Agreement with LumenAd for a BSTF Grant Award
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 LumenAd (Contract # MT-BSTF - 1-
19-24)
MEETING DATE: September 9, 2019
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 LumenAd.
BACKGROUND:
On March 25, 2019 the City Commission approved Resolution 5035 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
LumenAd. (Exhibit 1)
On May 14, 2019 the Office of the Governor notified the City of Bozeman that
the City’s application, facilitated by Prospera, was approved and LumenAd was awarded
up to $60,000 in BSTF Category I, Job Creation funding by the Montana Department of
Commerce (DoC). (Exhibits 2 and 3) LumenAd agrees to create up to 12 net new full
time jobs in the next year that meet or exceed the BSTF wage rate of $20.23 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
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with the DoC, Prospera and LumenAd, including the attached contract document.
(Exhibit 4)
During the term of the contract, LumenAd endeavors 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 $4,600 per eligible net new job
created by the assisted business for documented costs with reimbursement not to
exceed a total of $60,000, less 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 9, 2019;
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 $20.23 per hour, not including
employee benefits.
THE PROSPERA BUSINESS NETWORK:
The City and Prospera work collaboratively on numerous economic development
projects including past BSTF grants. 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.
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GRANT AGREEMENTS:
The following agreements must be entered into by the City to complete the
grant and provide the award to LumenAd.
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 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 LumenAd);
3. The Business Assistance Agreement between the City and LumenAd
details the conditions LumenAd 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, Prospera will earn administrative fees based
upon the number of net new jobs LumenAd creates over the next year. Additionally,
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 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:
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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.
In partnership with the Department of Commerce and Prospera, the City has
supported twelve BSTF assisted businesses.
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Exhibits:
1) March 25, 2019 packet material (Resolution 5035);
2) Governor’s Office Letter of Award dated May 14, 2019;
3) Department of Commerce letter dated May 24, 2019;
4) Montana Department of Commerce, Big Sky Economic Development Trust Fund
Program Contract # MT-BSTF-1-19-24 and Exhibit A - Management Plan; and
5) Signed budget amendment.
Report compiled on: 08-27-19
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Resolution 5035 Supporting the Application to the Big Sky Economic
Development Trust Fund Program, Administered by the Montana
Department of Commerce, on behalf of LumenAd.
MEETING DATE: March 25, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 5035 authorizing the City’s application for a Big Sky Trust
Fund Category I job creation grant on behalf of LumenAd 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.
LumenAd was founded four years ago and has seen rapid growth over that time. The firm, housed
in downtown Missoula and now opening an office in Bozeman, offers a media management platform for
brands and advertising agencies. LumenAd is a media management platform that helps media teams
gain complete control over their advertising data. It centralizes all media efforts in one place so they can
have the capacity to interact with their audiences on a 1:1 basis at scale.
MEDIA:
Missoula Current, November, 28, 2018, Missoula’s LumenAd, Customer Direct Share $450k state
grant for 63 new jobs.
UNRESOLVED ISSUES: None
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ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: If the application is successful, LumenAd may be awarded up to $5,000 per net
new job with a target of fourteen (14) net new jobs over the next twenty-four (24) months for a total
grant award, if all fourteen (14) proposed new jobs are filled, of $70,000.
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
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January, 2016. Note that one City of Bozeman grant has been closed out prior to the generation of the
table (Apptus).
ATTACHMENTS:
1) Resolution 5035; and
2) LumenAd Signature Certification.
Report compiled on Wednesday, March 6, 2019.
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RESOLUTION NO. 5035
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 LUMENAD.
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, LumenAd, desires to expand their business and create additional technology
and media-related 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
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
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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 LumenAd 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
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12060
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
May 14, 2019 Mayor Cyndy Andrus
City of Bozeman PO Box 1230 Bozeman MT 59771-1230
RE: Notice of Big Sky Economic Development Trust Fund Grant Award for LumenAd, 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 $60,000.00 from the Montana Department of Commerce – Big Sky Economic Development Trust Fund (BSTF) Program to assist LumenAd, Inc. This award, effective May 9, 2019, is for LumenAd, Inc. to purchase equipment, furniture, fixtures and for wage reimbursement that will enable the business 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 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 Sean Becker, Bureau Chief of the Business Assistance Bureau. 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: Jeannine Widmann, LumenAd, Inc. Paul Reichert, Prospera Business Network
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 LumenAd, Inc.
Grant MT-BSTF-1-19-24
A. PARTIES: The parties to this contract (the Contract) are the CITY OF BOZEMAN, PO Box
1230, Bozeman, MT 59771-1230 (the “Government”), and LumenAd, Inc. 109 E. Oak Street,
Suite, 1M, Bozeman MT 59718-0000 (the “Assisted Business”); Tax identification number (47-
1100131).
B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to
$55,200.00 in Big Sky Economic Development Trust Fund (the “BSTF”) grant funds, to be used
as follows:
• Up to $55,200.00 (or $4,600 per net new job) to assist with equipment, furniture,
fixtures and wage reimbursement for net new jobs created.
a. The Assisted Business has agreed to create 12 eligible net new jobs at the project site located at Bozeman, MT (the “Project Site”) in the Government’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 on or before May 9,
2019. 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. Pays wages that meet or exceed $20.23 per hour, (excluding benefits).
c. In addition, LumenAd, Inc., 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 or up to $60,000 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 15, July 15, October 15 and
January 15 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:
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Business Assistance Agreement with Management Plan 2 Government and Assisted Business
• Certified employment documentation from the Assisted Business that includes the
breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job
Certification Form, Form UI-5; 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
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-usually consultant 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 $4,600.00 per eligible net new job
created by the Assisted Business for documented costs with reimbursement not to exceed a
total of $55,200.00 (total BSTF award, minus grant administration) dollars for the entire
Contract.
The Government will not reimburse the Assisted Business for any costs incurred prior to May 9,
2019, 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 $55,200.00 (total BSTF award minus grant administration) 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 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.
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Business Assistance Agreement with Management Plan 3 Government and Assisted Business
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 May 9,
2019 and will expire once the Montana Department of Commerce officially closes out the BSTF
grant award to the Government.
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 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;
• 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 City of Bozeman is Brit Fontenot, Director of Economic Development (406) 582-2258, or successor, and Jeannine Widmann, VP of
People & Operations, LumenAd, Inc., (406) 552-1022 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 Jeannine Widmann, VP of
People & Operations, LumenAd, Inc. or successor for the Assisted Business.
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
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Business Assistance Agreement with Management Plan 4 Government and Assisted Business
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.
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
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Business Assistance Agreement with Management Plan 5 Government and Assisted Business
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.
__________
Jeannine Widmann, VP of People & Operations Date
LumenAd, Inc.
Cyndy Andrus, Mayor Date for City of Bozeman Commission
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Business Assistance Agreement with Management Plan 6 Government and Assisted Business
ATTEST:
Legal Review
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Business Assistance Agreement with Management Plan 7 Government and Assisted Business
Exhibit A
MANAGEMENT PLAN
On May 9, 2019, the City of Bozeman was awarded a grant from the Big Sky Economic
Development Trust Fund (BSTF) Program to assist LumenAd, Inc., with business expansion and creation of new jobs in Montana. Prospera Business Network (PBN) will 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
The following persons will have lead responsibility for administering the City of Bozeman BSTF
grant to facilitate an expansion of LumenAd, Inc., (the Assisted Business):
a. Cyndy Andrus, as the City of Bozeman’s Mayor, will have responsibility for all
official contacts with the Montana Department of Commerce (Department). The
City of Bozeman Commissioners will have the ultimate authority and
responsibility for the implementation of the City’s BSTF grant to facilitate an
expansion of the Assisted Business. The City of Bozeman Commissioners will approve and sign administrative documents and approve all payment requests to
the BSTF program. The City of Bozeman Commissioners will approve all
contracts and payment requests. The telephone number for the Chief Elected
Official is (406) 582-2383.
b. Greg Sullivan, the City of Bozeman’s Attorney, 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) 582-2309.
c. Kristin Donald, City of Bozeman, Finance Director, has been designated as the
Fiscal Officer and will be responsible for maintaining all financial records related to the BSTF grant funds for the Government. Telephone: (406) 582-2321.
d. Brit Fontenot, City of Bozeman, Director of Economic Development, will be
responsible for maintaining all official records related to the BSTF grant for the
Government. Telephone: (406) 582-2258.
2. Prospera Business Network (PBN)
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 PBN personnel will be responsible for the project:
a. Paul Reichert, Executive Director, will be responsible for all official contacts with
the City of Bozeman on behalf of the PBN. Telephone: (406) 587-3113.
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Business Assistance Agreement with Management Plan 8 Government and Assisted Business
b. Carolyn Murray, Finance and Accounting Manager and Amanda Brown,
Development Assistant, will serve as the PBN Administrators and will be
responsible for overall coordination of the BSTF grant awarded to the City of Bozeman. Telephone: (406) 587-3113.
3. LumenAd, Inc.
The following Assisted Business personnel will be responsible for the implementation of the
project:
a. Jeannine Widmann, VP of People & Operations, LumenAd, Inc., will serve as the
Business Official and Contact for the Assisted Business and will have responsibility
for all official contacts with the Government. Telephone: (406) 570-2834. b. Amanda Fisher, Human Resources Manager, LumenAd, Inc., will serve as the
liaison with the EDO and the BSTF Department Staff. Telephone: (406) 570-2834.
B. PROJECT MANAGEMENT
1. Brit Fontenot, Director of Economic Development, 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 City of Bozeman, to the BSTF Program, Montana Department of Commerce, and ensure disbursement of funds.
f. Review and approve all BSTF closeout documents.
2. Carolyn Murray, Finance and Accounting Manager, and Amanda Brown,
Development Assistant, the EDO Administrator(s) are responsible for the following day
to day project activities and will:
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.
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Business Assistance Agreement with Management Plan 9 Government and Assisted Business
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.
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 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 City of Bozeman Commissioners meetings to provide project status
reports and representing the BSTF project at any other public meetings as
deemed necessary by the City.
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. Jeannine Widmann, VP of People & Operations, and Amanda Fisher, Human Resources Manager, LumenAd, Inc., Business Contact, will:
a. Will 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, Form UI-5, 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.
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Business Assistance Agreement with Management Plan 10 Government and Assisted Business
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 $60,000.
1. Government – Awardee
The Fiscal Officer will be responsible for:
a. Depositing and recording the BSTF funds into the City of Bozeman’s existing
accounting system based on claims and supporting documents approved by the
Project Manager and City of Bozeman 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 City of Bozeman’s offices.
2. Economic Development Organization - Administration Funds
a. Administrative payments will consist of reimbursement for actual time and costs incurred. The EDO may receive up to $400.00 per eligible net new job created by the
Assisted Business for documented cost with reimbursement not to exceed a total of
$4,800.00.
b. If an additional award is made for year two to the City of Bozeman, to assist LumenAd, Inc., and for the creation of up to 2 additional jobs, that assistance reimbursement would be for additional funds up to $10,000.00, with up to $800.00 for
admin expenses and up to an additional $9,200.00 to go to LumenAd, Inc.
3. Business - Project Funds
a. As outlined in the BSTF Contract, the Assisted Business will receive up to $4,600.00 per eligible net new job created by the Assisted Business for
documented cost with reimbursement not to exceed a total of $55,200.00.
The Business Contact will be responsible for:
a. Supply invoices for reimbursement and match requirement, and update the tracking spreadsheet for completeness and accuracy.
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Business Assistance Agreement with Management Plan 11 Government and Assisted Business
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 April 19, 2019, 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:
GOVERNMENT PROJECT MANAGER GOVERNMENT FISCAL OFFICER
Brit Fontenot Date Kristin Donald Date
Dir. of Economic Development Finance Director City of Bozeman City of Bozeman
EDO ADMINISTRATOR BUSINESS CONTACT
Carolyn Murray Date Jeannine Widmann Date
Finance and Accounting Manager VP of People & Operations
Prospera Business Network LumenAd, Inc.
EDO ADMINISTRATOR BUSINESS CONTACT
Amanda Brown Date Amanda Fisher Date
Development Assistant Human Resources Manager
Prospera Business Network LumenAd, Inc.
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Business Assistance Agreement with Management Plan 12 Government and Assisted Business
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ______ day
of _________________, 20__.
Cyndy Andrus Date Paul Reichert Date Mayor Executive Director
City of Bozeman Prospera Business Network
Ryan Hansen Date
CEO/Founder
LumenAd, Inc.
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