HomeMy WebLinkAbout10-21-19 City Commission Packet Materials - C3. Amendment to the MDC Contract for the MeatEater, Inc. BSTF Grant Award
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Authorize Mayor Andrus to sign Montana Department of Commerce
Contract Amendment # BSTF-1-19-12A for the MeatEater, Inc, BSTF Grant
Award
MEETING DATE: October 21, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize Mayor Andrus to sign Montana Department of
Commerce Contract Amendment # BSTF-1-19-12A for the MeatEater, Inc, BSTF Grant
Award
BACKGROUND:
On September 16, 2019 the Bozeman City Commission voted to authorize Mayor
Andrus to sign Montana Department of Commerce, Big Sky Economic Development
Trust Fund Program Grant Amendments to the Business Assistance Agreement and
Management Plan to the MeatEater, Inc, Contract # MT-BSTF-1-19-12. (Attachment 1)
At the time of this approval, no reference was made to the amendments
required in the primary Montana Department of Commerce contract with the City. This
staff oversight requires that the Commission also authorize Mayor Andrus to sign the
amended Montana Department of Commerce Contract # BSTF-1-19-12A. (Attachment
2)
Contract amendments include; 1) increasing the total award amount from
$50,000 to $100,000, 2) increasing the number of eligible net new jobs from 10 to 20
and adding one additional year (January 16, 2021) to the contract to complete the
hiring.
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MeatEater, Inc has grown at a faster pace than originally anticipated. As a result
of the rapid expansion of their employee base in Bozeman, MeatEater is requesting to
amend the Business Assistance agreement and Management Plan to reflect the need to
hire more employees and provide more time to recruit employees.
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: The proposed contract amendments do not impact the fiscal effects.
EXHIBITS:
1) September 16, 2019 packet material; and
2) Montana Department of Commerce Contract Amendment # BSTF-1-19-12A.
Report compiled on: 10-10-19
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Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-19-12A
Montana Department of Commerce City of Bozeman
COMMERCE CONTRACT #MT-BSTF-1-19-12
MONTANA DEPARTMENT OF COMMERCE
CONTRACT AMENDMENT # MT-BSTF-1-19-12A
This Contract Amendment is entered into by and between City of Bozeman, (“Contractor”) and the
Montana Department of Commerce (“Department”). Program funds have been awarded to assist the
Contractor and MeatEater, Inc.
The Contractor and the Department mutually agree to amend Contract #MT-BSTF-1-19-12
(“Contract”), executed by them on May 3, 2019 as follows:
1. Section 1 of the Agreement is amended to read:
PURPOSE
The purpose of this Contract is to provide funding for Big Sky Economic Development Trust Fund
(BSTF) Program (the Program) Economic Development Job Creation Project activities approved by
the Department which the Contractor has applied for project funds pursuant to Sections 90-1-201 et
seq., Montana Code Annotated (MCA).
Program funds have been awarded to assist the Contractor and MeatEater, Inc., 1203 Rouse Suite 3B,
Bozeman, Montana 59715, (the “Assisted Business”) with purchase of equipment, furniture, fixtures
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
Bozeman, Montana (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 January 16, 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 pays wages that meet or exceed
$19.58 per hour, before the value of benefits is added.
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 of the Contract is amended to read:
EFFECTIVE DATE AND TIME OF PERFORMANCE
(a) This Contract shall take effect on January 16, 2019 and will terminate upon completion of the
final closeout by the Department, or by January 16, 2021, whichever comes first, unless
otherwise terminated in accordance with the terms of this Contract.
DocuSign Envelope ID: 78EFA5CD-B4F8-4CB5-8B5B-2503939910BE
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Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-19-12A
Montana Department of Commerce City of Bozeman
(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, the Contractor’s compliance with
program requirements and the availability of program funding.
3. Section 7 of the Contract is amended to read:
BUDGET
(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, furniture,
fixtures and wage reimbursement; 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.
(c) Any Project expenses the Contractor fails to incur on or before January 16, 2021 will
revert to the Big Sky Economic Development Trust Fund.
4. Section 8 of the Contract is amended to read:
CONDITIONS ON METHOD OF REIMBURSEMENT
(a) The total amount to be awarded to the Contractor under the Contract shall be up to $5,000.00
per eligible net new job created by the Assisted Business for documented costs with
reimbursement not to exceed a total of $100,000.00 for the entire Contract. The Department
will not reimburse the Contractor for any costs incurred prior to January 16, 2019, nor for any
expenses not included in the approved budget or not clearly and accurately supported by the
Contractor’s records.
DocuSign Envelope ID: 78EFA5CD-B4F8-4CB5-8B5B-2503939910BE
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Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-19-12A
Montana Department of Commerce City of Bozeman
(b) The Contractor and the Assisted Business shall satisfy the matching funds requirements
consistent with the purposes expressed in the application during the period of the Contract
and shall meet or exceed the 1:1 required match ratio.
(c) Unless otherwise authorized by the Department, the Contractor may receive award funds
periodically over the Contract period only upon documenting the expenditure of the required
matching funds and the creation of the eligible net new jobs by the Assisted Business, and after
incurring eligible expenses.
(d) The Department will use funds appropriated for the Program to fund awards to those entities
that have received a Notice of Award letter. The Contractor acknowledges that its access to
Program funds is subject to their availability.
(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
January 16, 2019, 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.
DocuSign Envelope ID: 78EFA5CD-B4F8-4CB5-8B5B-2503939910BE
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Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-19-12A
Montana Department of Commerce City of Bozeman
(l) If the Department determines that the Contractor has failed to satisfactorily carry out its
responsibilities under this Contract, the Department may withhold payment to the Contractor
until such time as the parties agree on a plan to remedy the deficiency.
(m) The Department reserves the right to withdraw a commitment of any Program funds for
projects not ready to proceed within three (3) months after the date of tentative award.
(n) If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite
duration, then the Contractor shall reimburse the Department all funds received for that job.
If the Assisted Business fails to create the required number of jobs, then the Contractor shall
reimburse the Department the difference between the total amount advanced and the amount
attributable to actual jobs created. If the Assisted Business ceases operation at the Project
Site, then the Contractor shall reimburse the Department all funds received under this
Contract.
(o) At the request of the Department, Requests for Payment for contracted or subcontracted
services must attach appropriate documentation demonstrating compliance with contract
requirements.
(p) The Contractor may not use monies provided through this Contract as payment for Project
costs that are reimbursed from other sources.
(q) The Department will withhold ten percent (10%) of the total amount awarded to the
Contractor until the Department approves the complete project and all tasks outlined in 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.
Cyndy Andrus, Mayor Date
City of Bozeman
ATTEST:
________________________________________________________________
Robin Crough, Clerk Date
City of Bozeman
Tara Rice, Director Date
Montana Department of Commerce
DocuSign Envelope ID: 78EFA5CD-B4F8-4CB5-8B5B-2503939910BE
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Contract Information Sheet
Division staff are required to complete the items in blue print.
Amendment A
Contract Number:MT-BSTF-1-19-12A Division: MOTBD
Contractor's Name:City of Bozeman
Contractor (Signee) Name:Cyndy Andrus
Contractor's Email:candrus@bozeman.net
Contractor's Address:P O Box 1230 Vendor Number:
Contractor's Address 2:Bozeman, MT 59771-1230 23437
Contractor (Signee) Clerk:Robin Crough
Contractor's Clerk Email:rcrough@bozeman.net
Contractor Liaison:Brit Fontenot
Contractor's Liaison Email:bfontenot@bozeman.net Begin Date:
1/16/2019
Duns Number:
(Federal Funds Required)End Date:
Amount:100,000.00 1/16/2021
Organization Number:535301
RFP Number (if applicable):
Program Number:51
Liaison:Alyssa Townsend Program Manager:Annmarie Robinson
Liaison Email:ath@mt.gov Bureau Chief:Jenny Pelej
Liaison Phone:841-2748 Additional Email:arobinson3@mt.gov
Signatures:Carbon Copies:
Division Adminstrator Liaison:
Fiscal Review Director (> $200K):
Legal Counsel Deputy Director (<$25K):
Filenet
Secretary of State:
BIA:
Clerk of Court:
DocuSign Envelope ID: 78EFA5CD-B4F8-4CB5-8B5B-2503939910BE
8/26/2019
8/26/2019
8/27/2019
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Certificate Of Completion
Envelope Id: 78EFA5CDB4F84CB58B5B2503939910BE Status: Sent
Subject: Montana Department of Commerce Contract #MT-BSTF-1-19-12A for Signature
Source Envelope:
Document Pages: 5 Signatures: 3 Envelope Originator:
Certificate Pages: 6 Initials: 0 Contracts Admin
AutoNav: Enabled
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Time Zone: (UTC-07:00) Mountain Time (US & Canada)
PO Box 200501
301 S. Park Ave
Helena, MT 596200501
doccontracts@esign.mt.gov
IP Address: 161.7.59.22
Record Tracking
Status: Original
8/21/2019 3:03:53 PM
Holder: Contracts Admin
doccontracts@esign.mt.gov
Location: DocuSign
Signer Events Signature Timestamp
Jennifer Pelej
jpelej@mt.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 161.7.59.23
Sent: 8/21/2019 3:08:28 PM
Viewed: 8/26/2019 4:15:00 PM
Signed: 8/26/2019 4:15:05 PM
Electronic Record and Signature Disclosure:
Accepted: 9/24/2019 8:45:28 AM
ID: 84c42602-c041-48d2-bbae-3c3d08846a10
Teri Juneau
tjuneau@esign.mt.gov
Fiscal Manager
MT Dept of Commerce
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.45.41.193
Signed using mobile
Sent: 8/26/2019 4:15:07 PM
Viewed: 8/26/2019 7:45:00 PM
Signed: 8/26/2019 7:45:10 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Garrett Norcott
gnorcott@mt.gov
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 161.7.59.19
Sent: 8/26/2019 7:45:12 PM
Viewed: 8/27/2019 8:22:45 AM
Signed: 8/27/2019 8:22:53 AM
Electronic Record and Signature Disclosure:
Accepted: 8/27/2019 8:22:45 AM
ID: ba6f9ffa-5c5f-48d8-af27-3bb9e8174bf5
Cyndy Andrus
candrus@bozeman.net
Security Level: Email, Account Authentication
(None)
Sent: 8/27/2019 8:22:54 AM
Resent: 9/4/2019 2:38:31 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Signer Events Signature Timestamp
Robin Crough
rcrough@bozeman.net
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/28/2018 8:59:46 AM
ID: 13c98e73-833d-4990-aff9-05c6e176613b
Tara Rice
tara.rice@mt.gov
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(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Annmarie Robinson
arobinson3@mt.gov
Security Level: Email, Account Authentication
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Sent: 8/21/2019 3:08:29 PM
Viewed: 9/27/2019 10:51:06 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Alyssa Townsend
ath@mt.gov
Security Level: Email, Account Authentication
(None)
Sent: 8/21/2019 3:08:28 PM
Viewed: 9/24/2019 3:07:29 PM
Electronic Record and Signature Disclosure:
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Brit Fontenot
bfontenot@bozeman.net
Security Level: Email, Account Authentication
(None)
Sent: 9/5/2019 2:35:23 PM
Viewed: 9/9/2019 8:46:59 AM
Electronic Record and Signature Disclosure:
Accepted: 6/16/2015 8:35:10 AM
ID: 79fd0248-abf5-4575-a049-509ecf212ba1
Marty Tuttle
matuttle@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cyndi Davis
CDavis3@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Carbon Copy Events Status Timestamp
Accepted: 8/16/2019 2:16:22 PM
ID: 47b5152b-e4c9-44c6-9836-08530deb4883
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/5/2019 2:35:23 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 10/7/2014 8:41:47 AM
Parties agreed to: Jennifer Pelej, Garrett Norcott, Robin Crough, Brit Fontenot, Cyndi Davis
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