HomeMy WebLinkAbout10-28-19 City Commission Packet Materials - C4. BSTF Grant No. MT-BSTF-1-20-05 with MDC for LumenAd, Inc.
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Authorize Mayor Andrus to sign the Montana Department of Commerce,
Big Sky Economic Development Trust Fund Program Grant Contract # MT
– BSTF – 1 – 20 – 05 for the LumenAd BSTF Grant.
MEETING DATE: October 28, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION:
Authorize Mayor Andrus to sign the Montana Department of Commerce, Big Sky
Economic Development Trust Fund Program Grant Contract # MT – BSTF – 1 – 20 – 05
for the LumenAd BSTF Grant.
BACKGROUND:
On September 9, 2019 the City Commission approved the aforementioned
action, however, a copy of Contract # MT – BSTF – 1 – 20 – 05 was not included as part
of the packet materials. Staff is seeking the same approval with the required contract
attachment. (Exhibits 1 and 2)
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: No new fiscal effects anticipated.
EXHIBITS:
1) September 9, 2019 City Commission packet material; and
2) Montana Department of Commerce Contract # MT – BSTF – 1 – 20 – 05.
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Report compiled on: 10-14-19
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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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1206079
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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MONTANA DEPARTMENT OF COMMERCE BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM CONTRACT # MT-BSTF-1-20-05
This Contract is entered into by the City of Bozeman, Bozeman, Montana (the
“Contractor”), and the Montana Department of Commerce, Helena, Montana (the
“Department”). The Contractor and the Department hereby agree to the following terms:
Section 1. 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 LumenAd, Inc., 109 E. Oak Street, Suite 1M, Bozeman, MT 59718, (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 12 eligible net new jobs at the project site
located at Bozeman (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 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 pays wages that meet or exceed $20.23 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. Section 2. SCOPE OF WORK The Contractor hereby agrees to engage in Project activities as set forth in the
Contractor’s application, including any written modifications resulting from the review of the application by the Department for Project assistance, all of which, by this reference are made a part hereof.
The major components of the Project include the purchase of equipment, furniture, fixtures and wage reimbursement, and documentation that the matching requirement
has been met and documentation of eligible job creation in Bozeman, Montana, and the
administration of this Contract.
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The Contractor, at the request of and in the manner prescribed by Department, shall
install and display temporary signage providing recognition of the support provided by
Department.
Section 3. AUTHORITY
This Contract is issued under authority of Title 90, Chapter 1, Part 2, Montana Code
Annotated, and the Administrative Rules of Montana, Title 8, Chapter 99.
Section 4. APPLICATION INCORPORATED BY REFERENCE The Contractor’s application for Program assistance and all appendices thereto, including
any written modifications resulting from the review of the application by the Department
(collectively, the “Project”), is incorporated into this Contract by this reference and the
representations made therein are binding on the Contractor. Section 5. ACCEPTANCE OF PROGRAM REQUIREMENTS
(a) The Contractor shall comply with all applicable local, state, tribal, and federal laws,
regulations, ordinances, and resolutions, and all administrative directives and
procedures established by the Department, including all the provisions, guidelines and requirements set forth on the Program’s website: http://bstf.mt.gov.
(b) The Contractor expressly agrees to repay to the Department any funds advanced
under this Contract that the Contractor, or its contractors, subcontractors, or sub
recipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract, expends in violation of the terms of
this Contract, the statutes and regulations governing the Program, or any
applicable local, state, tribal, or federal requirements. Section 6. EFFECTIVE DATE AND TIME OF PERFORMANCE
(a) This Contract shall take effect on May 9, 2019 and will terminate upon completion
of the final closeout by the Department, or by May 9, 2020, 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.
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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.
Section 7. BUDGET
(a) The total amount to be awarded to the Contractor under this Contract will not exceed $60,000.00 to be used as follows:
• Up to $55,200.00 to assist the Assisted Business with the purchase of equipment, furniture, fixtures and wage reimbursement; and
• Up to $4,800.00 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 May 9, 2020 will revert to the Big Sky Economic Development Trust Fund.
Section 8. 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 $60,000.00 for the
entire Contract. The Department will not reimburse the Contractor 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 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 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.
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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 9, 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.
(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.
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(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. Section 9. REPORTING REQUIREMENTS
(a) Quarterly Project Progress Reports. Unless otherwise specified by the
Department, the Contractor will also submit Project Progress Reports quarterly to the Department until the Contractor receives Contract closeout approval from the Department. The Project Progress Report must be provided on or before April 30th to cover the January 1-March 31 reporting period, July 31st to cover the April
1-June 30 reporting period, October 31st to cover the July 1-September 30
reporting period, and January 31st to cover the October 1-December 31 reporting period, for each year of the Contract period and at closeout of the Contract. These reports will describe the status of the activities set forth in Section 2 SCOPE OF
WORK, including, at a minimum:
• Certified employment documentation from the Assisted Business that includes
the breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job Certification Form; 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;
o 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;
o any other pertinent information
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(b) The employment level of LumenAd, Inc. one day prior to the contract effective date of May 9, 2019 is 4 permanent, full-time employees onsite, per the certified
baseline job report.
(c) The report must also describe any significant problems encountered in carrying
out the Project and the scope of any necessary modifications the Contractor is
requesting in the SCOPE OF WORK, BUDGET, or Project implementation
schedule. The State, at its discretion, may decline to honor the final ten percent
(10%) Request for Payment if any required project progress reports have not been submitted.
(d) Request for Payment with Report. Request for Payment with reports must include
all items listed in Section 9(a), plus the following:
• The Request for Payment Form signed by two authorized representatives,
• Project Progress Report detailing progress towards achieving the hiring
objectives and project goals that were described in the application as well as
describing any difficulties encountered in working towards these goals,
• Approved documentation verifying eligible costs were incurred,
• Documentation of matching funds expended to date.
(e) Project Closeout. Upon completion of the final Project, the Contractor will submit a signed final Project Completion Report. The Project Completion report should
include all items in Section 9(a) and (c), with a request for payment for the final
10% of the award.
• Once the Department accepts the final Project Completion Report and the final
payment is processed, the Contractor will complete a Closeout Certification
Form.
• Once the Department approves the Closeout Certification Form from the
Contractor, the Department will officially closeout the project and send a letter
of closeout to the Contractor.
The Department may request additional documentation, when in the exercise of its judgment such documentation is needed to confirm performance.
To assist the Department with program performance reporting, the BSTF award
recipient may be required to provide annual project updates for 3 years after the close
of the contract. Section 10. LIAISONS
The contact persons for this Contract are:
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For the Department:
Annmarie Robinson (or successor) Section Manager, Big Sky Economic Development Trust Fund Program, MDOC
P.O. Box 200505
Helena, MT 59620-0505
406-841-2250
For the Contractor:
Cyndy Andrus (or successor)
Mayor, City of Bozeman
P.O. Box 1230
Bozeman, MT 59771-1230 406-579-1302
Section 11. PROJECT MEETINGS
(a) Progress Meetings. During the term of the Contract, the Department may plan and schedule progress meetings with the Contractor to discuss the progress made by
the Contractor and the Department in the performance of their respective
obligations. These progress meetings may include the parties’ liaisons and any
other additional personnel involved in the performance of the contract as required.
At each such meeting, the Contractor may be requested to provide the Department with a written status report that identifies any problem or circumstance
encountered by the Contractor, or of which the Contractor gained knowledge
during the period since the last such status report, which may prevent the
Contractor from completing any of its obligations or may generate charges in
excess of those previously agreed to by the parties. Contractor may be requested to identify the amount of excess charges, if any, and the cause of any identified
problem or circumstance and the steps taken to remedy the same.
(b) Technical or Contractual Problems. The Contractor is required to meet with the
Department’s liaison to resolve technical or contractual problems that may occur during the term of the Contract, at no additional cost to the Department. Meetings
will occur as problems arise and will be coordinated by the Department. Failure to
participate in problem resolution meetings or failure to make a good faith effort to
resolve problems may result in termination of the Contract.
Section 12. ACCESS TO AND RETENTION OF RECORDS
The Contractor shall create and maintain records of the services covered by this Contract,
including but not limited to financial records, supporting documents, and such other
records as are required by law or other authority, and to provide the Department, Montana
Legislative Auditor, or their authorized agent’s access to any records necessary to determine contract compliance. (Mont. Code Ann. § 18-1-118.) The Contractor agrees
to create and retain records supporting the services rendered or supplies delivered for a
period of three (3) 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
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or third party, whichever is later. These records will be kept in the Contractor’s offices in Bozeman, Montana.
Section 13. PROJECT MONITORING
(a) 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.
(b) 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.
Section 14. COMPLIANCE WITH APPLICABLE LAWS
The Contractor must, in performance of work under the Contract, fully comply with all applicable federal, state, or local 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 Contractor subjects
subcontractors to the same provisions. In accordance with Mont. Code Ann. § 49-3-207,
Executive Order No. 04-2016, the Grantee 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 a Contractor, if Contractor 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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Section 15. AVOIDANCE OF CONFLICT OF INTEREST The Contractor will comply with all applicable laws regarding the avoidance of conflict of
interest. In addition, the Contractor agrees that none of its officers, employees, or agents
will solicit or accept gratuities, favors, or anything of monetary value from contractors,
subcontractors, or potential contractors and subcontractors, who provide or propose to
provide services relating to the project funded under this Contract.
Section 16. ACCOUNTING, COST PRINCIPLES, AND AUDITING
(a) The Contractor, in accordance with Section 18-4-311, MCA and other authorities,
must maintain for the purposes of this Contract an accounting system of procedures and practices that conforms to Generally Accepted Accounting
Principles (GAAP).
(b) The Department or any other legally authorized governmental entity or their
authorized agents may, at any time during or after the term of this Contract, conduct, in accordance with Sections 2-7-503, 5-13-304, and 18-1-118, MCA and
other authorities, audits for the purposes of ensuring the appropriate
administration, expenditure of the monies, and delivery of services provided
through this Contract. Section 17. OWNERSHIP AND PUBLICATION OF MATERIALS
All reports, information, data, and other materials prepared by the Contractor, or any of
its contractors or subcontractors, in furtherance of this Contract are the property of the
Contractor and the Department, which both have the royalty-free, nonexclusive, and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use,
in whole or part, such property and any information relating thereto. No material produced
in whole or part under this Contract may be copyrighted or patented in the United States
or in any other country without the prior written approval of the Department and the
Contractor.
Section 18. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING
(a) The Contractor may not assign, transfer, delegate, or subcontract, in whole or part,
this Contract or any right or duty arising under this Contract, unless the Department in writing approves the assignment, transfer, delegation, or subcontract.
(b) Any assignment, transfer, delegation, or subcontract entered into by the Contractor
must be in writing, must be subject to the terms and conditions of this Contract,
and must contain any further conditions as may be required by the Department.
(c) The Department’s approval of any assignment, transfer, delegation, or subcontract
neither makes the Department a party to that contract nor creates any right, claim,
or interest in favor of any party to that contract against the Department.
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(d) The Contractor must immediately notify the Department of any litigation concerning any assignment, transfer, delegation, or subcontract.
Section 19. HOLD HARMLESS AND INDEMNIFICATION
The Contractor agrees to protect, defend, and save the Department, its elected and appointed officials, agents, and employees, while acting within the scope of their duties
as such, harmless from and against all claims, demands, causes of action of any kind or
character, including the cost of defense thereof, to the extent arising in favor of the
Contractor’s employees or third parties on account of bodily or personal injuries, death,
or damage to property arising out of Contractor’s negligence in connection with services performed or omissions of services or in any way resulting from the negligent acts or
omissions of the Contractor and/or its agents, employees, representatives, assigns,
contractors, subcontractors, except the sole negligence of the Department under this
agreement. Section 20. INSURANCE
(a) General Requirements. Contractor shall maintain and shall assure that its
representatives, assigns, and subcontractors maintain for the duration of the
Contract, at their own cost and expense, liability insurance against claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the duties and obligations in the Contract by Contractor,
its agents, employees, representatives, assigns, or subcontractors. This insurance
shall cover such claims as may be caused by any negligent act or omission. The
Department, its officers, officials, and employees are to be covered as additional insured's for all claims arising out of the use of award proceeds provided by the
State of Montana.
(b) General Liability Insurance. At its sole cost and expense, the Contractor shall
purchase occurrence coverage with minimum combined single limits of $1 million per occurrence and $2 million aggregate per year, or as established by statutory
Tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a
self-insurance pool insuring counties, cities, or towns, as authorized under Section
2-9-211, MCA.
(c) Professional Liability Insurance. Contractor shall assure that any representatives,
assigns, and subcontractors performing professional services under this Contract
purchase occurrence coverage with combined single limits for each wrongful act
of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if
"occurrence" coverage is unavailable or cost prohibitive, the Contractor may provide "claims made" coverage provided the following conditions are met: (I) the
commencement date of the contract must not fall outside the effective date of
insurance coverage and it will be the retroactive date for insurance coverage in
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future years; and (2) the claims made policy must have a three (3) year tail for
claims that are made (filed) after the cancellation or expiration date of the policy.
(d) Property Insurance. At its sole cost and expense, the Contractor shall maintain
property and hazard insurance, including course of construction coverage, and
earthquake insurance in areas where there is a shaking level above 10g (see map
at http://www.rmtd.mt.gov/content/aboutus/publications/files/NEHRP.pdf) for loss or damage for any building and all related improvements and contents therein on
the premises on a replacement cost basis throughout the term of the contract.
(e) General Provisions. All insurance coverage shall be placed with a carrier licensed
to do business in the State of Montana or by a domiciliary state and with a Best's rating of at least A-, or by a public entity self-insured program either individually or
on a pool basis as provided by Title 2, MCA. All certificates and endorsements are
to be received by the Department prior to beginning any activity provided for under
the Contract. Contractor shall notify the Department immediately of any material
change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. The Department reserves the right to request complete copies
of Contractor's insurance policy including endorsements at any time.
Section 21. INDEPENDENT CONTRACTOR
The Contractor and its employees or agents performing under this Contract are not employees or agents of the Department. The Contractor will not claim to be an officer or
employee of the Department by reason of this Contract, nor will it make any claim of right,
privilege or benefit which would accrue to a civil service employee of the State of
Montana. Section 22. DEBARMENT
The Contractor certifies and agrees to ensure during the term of this Contract that neither
it nor its principals, contractors, or subcontractors are debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any governmental department or agency. If the Contractor cannot certify this
statement, it has attached a written explanation for review by the Department.
Section 23. CONTRACT AMENDMENT Except as otherwise set forth herein, this Contract may not be enlarged, modified, or
altered except upon written agreement by all parties to the Contract. Section 24. TERMINATION OF CONTRACT This Contract may only be terminated in whole or in part as follows:
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(a) Termination Due to Loss or Reduction of Funding. The Department, 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 Department may, if sufficient program funds are available,
compensate the Contractor for eligible services rendered and actual, necessary,
and eligible expenses incurred as of the revised termination date. The Department
will notify the Contractor of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, will provide the Contractor
with a modified Project budget.
(b) Termination for Cause with Notice to Cure Requirement. The Department may
terminate this Contract for failure of the Contractor, its contractors, or subcontractors to perform or comply with any of the services, duties, terms or
conditions contained in this Contract after giving the Contractor 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 Contractor's, its
contractors', or subcontractors' failure to perform or comply with any of the
services, duties, terms, or conditions of this Contract, the Contractor shall return
all funds received under this Contract. Any costs incurred will be the
responsibility of the Contractor. However, at its sole discretion, the Department
may approve requests by the Contractor for reimbursement of expenses
incurred. The Department’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 Contractor 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
Contractor's control.
Section 25. DEFAULT
Failure on the part of either party to perform the provisions of the Contract constitutes
default. Default may result in the pursuit of remedies for breach of contract as set forth herein or as otherwise legally available, including but not limited to damages and specific performance. Section 26. NO WAIVER OF BREACH No failure by the Department to enforce any provisions hereof after any event of breach shall be deemed a waiver of its rights with regard to that event, or any subsequent event.
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No express failure of any event of breach shall be deemed a waiver of any provision
hereof. No such failure or waiver shall be deemed a waiver of the right of the Department to enforce each and all of the provisions hereof upon any further or other breach on the
part of the Contractor.
Section 27. COMPLIANCE WITH WORKERS’ COMPENSATION ACT
The Contractor accepts responsibility for supplying, and requiring all subcontractors to
supply, the Department 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 Contractor nor its employees are
employees of the State. 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 Department 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 24 TERMINATION OF CONTRACT IF THE CONTRACTOR 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.
Section 28. FORCE MAJEURE
Neither party shall be responsible for failure to fulfill its obligations due to causes beyond
its reasonable control, including without limitation, acts or omissions of government or
military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control of the non-performing party, so long as such party is using
its best efforts to remedy such failure or delays. Section 29. SEPARABILITY
A declaration by any court, or any other binding legal forum, that any provision of the
Contract is illegal and void shall not affect the legality and enforceability of any other
provision of the Contract, unless the provisions are mutually dependent.
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Section 30. NOTICE
All notices required under the provisions of the Contract must be in writing and delivered
to the parties’ liaisons identified herein either by first class mail or personal service. Section 31. NO ARBITRATION
Unless otherwise agreed to in writing or provided for by law, arbitration is not available to
the parties as a method of resolving disputes that would arise under the Contract. Section 32. REFERENCE TO CONTRACT
The Contract number must appear on all invoices, reports, and correspondence
pertaining to the Contract. Section 33. JURISDICTION AND VENUE
This Contract is governed by the laws of Montana. The parties agree that any litigation
concerning this Contract must be brought in the First Judicial District in and for the County
of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney
fees. (Section 18-1-401, MCA).
Section 34. FUNDING ACKNOWLEDGEMENT
All materials developed wholly or in part by the funding provided under the Contract shall
state that “The funding for the (insert name of project) was funded (in part, if applicable) by an award from the Montana Department of Commerce.” Any variations from this
language must be approved by the Department prior to use. The Department of
Commerce logo is also available for use upon request.
Section 35. INTEGRATION
This contract contains the entire agreement between the parties, and no statements,
promises, or inducements of any kind made by either party, or the agents of either party,
not contained herein or in a properly executed amendment hereto are valid or binding.
Amendments to this contract must be signed by both parties.
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IN WITNESS OF THE TERMS SET OUT ABOVE, the parties hereto have caused this Contract to be executed on the dates set out below.
By: ________________________________________________________________
Cyndy Andrus Date
Mayor, City of Bozeman
ATTEST:
_______________________________________________________________ Robin Crough Date
City Clerk, City of Bozeman
By: ________________________________________________________________
Tara Rice Date
Director, Montana Department of Commerce
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Contract Information Sheet
Division staff are required to complete the items in blue print.
Contract Number:MT-BSTF-1-20-05 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:
5/9/2019
Duns Number:
(Federal Funds Required)End Date:
Amount:60,000.00 5/9/2020
Organization Number:535301
RFP Number (if applicable):
Program Number:51
Liaison:Alyssa Townsend Program Manager:Annmarie Robinson
Liaison Email:ath@mt.gov Division Admin: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: 5ED9B127-BE5C-4B45-BA0F-0458D8FA5969
8/15/2019
8/15/2019
8/16/2019
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Certificate Of Completion
Envelope Id: 5ED9B127BE5C4B45BA0F0458D8FA5969 Status: Sent
Subject: Montana Department of Commerce Contract #MT-BSTF-1-20-05 for Signature
Source Envelope:
Document Pages: 16 Signatures: 3 Envelope Originator:
Certificate Pages: 6 Initials: 0 Contracts Admin
AutoNav: Enabled
EnvelopeId Stamping: Enabled
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
8/7/2019 12:07:22 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: 8/7/2019 12:13:14 PM
Viewed: 8/15/2019 4:05:15 PM
Signed: 8/15/2019 4:05:21 PM
Electronic Record and Signature Disclosure:
Accepted: 2/7/2019 4:03:44 PM
ID: cd83cb4d-2c04-4720-9d25-e555d253eb19
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: 174.208.11.134
Signed using mobile
Sent: 8/15/2019 4:05:22 PM
Viewed: 8/15/2019 4:05:49 PM
Signed: 8/15/2019 4:05:59 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Garrett Norcott
gnorcott@mt.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 161.7.59.19
Sent: 8/15/2019 4:06:01 PM
Viewed: 8/16/2019 12:00:01 PM
Signed: 8/16/2019 12:00:11 PM
Electronic Record and Signature Disclosure:
Accepted: 8/16/2019 12:00:01 PM
ID: c3c1ce7c-c140-460a-aa23-aa3243fb580f
Cyndy Andrus
candrus@bozeman.net
Security Level: Email, Account Authentication
(None)
Sent: 8/16/2019 12:00:13 PM
Resent: 8/28/2019 12:26:41 PM
Resent: 9/4/2019 2:38:45 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
Security Level: Email, Account Authentication
(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
(None)
Sent: 8/7/2019 12:23:01 PM
Viewed: 8/8/2019 6:49:08 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Alyssa Townsend
ath@mt.gov
Security Level: Email, Account Authentication
(None)
Sent: 8/7/2019 12:13:14 PM
Viewed: 8/8/2019 8:19:31 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brit Fontenot
bfontenot@bozeman.net
Security Level: Email, Account Authentication
(None)
Sent: 9/5/2019 2:33:08 PM
Viewed: 9/9/2019 8:44:28 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:
113
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 2:33:08 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
114
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, MT Dept of Commerce (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the
DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below
carefully and thoroughly, and if you can access this information electronically to your
satisfaction and agree to these terms and conditions, please confirm your agreement by clicking
the ‘I agree’ button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a
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consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
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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electronically from us.
How to contact MT Dept of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: doccontracts@mt.gov
To advise MT Dept of Commerce of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at doccontracts@mt.gov and in the
body of such request you must state: your previous e-mail address, your new e-mail address. We
do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from MT Dept of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to doccontracts@mt.gov and in the body
of such request you must state your e-mail address, full name, US Postal address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with MT Dept of Commerce
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to doccontracts@mt.gov and in the body of such request you must
state your e-mail, full name, US Postal Address, and telephone number. We do not need
any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer time
to process..
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Acknowledging your access and consent to receive materials electronically
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To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the ‘I agree’ button below.
By checking the ‘I agree’ box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify MT Dept of Commerce as described above, I consent to receive
from exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by MT Dept of Commerce during the course of my relationship with you.
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