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HomeMy WebLinkAbout19- Amendments to Business Assistance Agreement - MT-BSTF-1-18-16 - Zinovo, LLC - Montana Department of Commerce Big Sky Trust Fund Grant Zinovo Amended Agreement and Management Plan 1 October 2019 MONTANA DEPARTMENT OF COMMERCE BIG SKY ECONOMIC DEVELOPMENT TRUST FUND MT-BSTF-1-18-16 AMENDMENTS TO THE BUSINESS ASSISTANCE AGREEMENT The parties to this contract (the Contract) are The City of Bozeman, located at 121 N. Rouse Ave. Bozeman, MT 59715 (the “City”), and Zinovo LLC located at 1010 E. Main St. in Bozeman, MT 59715 (the “Assisted Business”); Federal Employer Identification Number (FEIN) 82-2712996. The City and the Assisted Business mutually agree to amend the Business Assistance Agreement, executed by them as follows: 1. B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to $50,000 in Big Sky Economic Development Trust Fund (BSTF) grant funds, to be used as follows: • Up to $50,000 to assist with purchase of equipment, software and lease rate reduction. a. The Assisted Business has agreed to create 10 eligible net new jobs at the project site located at Zinovo LLC (the “Assisted Business”) in the City of Bozeman 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 December 1, 2017. 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 Section 3. COMPENSATION AND CONSIDERATION: The total amount to be reimbursed to the Assisted Business under the Contract shall be up to $50,000 less grant administration fees per eligible net new job created by the Assisted Business for documented costs with reimbursement not to exceed a total of $46,000 dollars for the entire Contract. a. The City will authorize the Assisted Business to draw up to $46,000 (total BSTF grant award minus administration fees) against the funding reserved for the Assisted Business by the Department. In drawing against the reserved amount, the Assisted Business shall follow the instructions supplied by the City. Unless otherwise authorized by the City, 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. Upon reasonable request, the Assisted Business shall provide substantiation of its investment in capital in excess of the required $46,000 new investment at the project site. Section 4. PERIOD OF CONTRACT: The Contract will be in effect for the period commencing December 1, 2017 and ending December 1, 2020 unless otherwise terminated by law or in compliance with the terms of the Contract. 2. All other provisions of the Contract remain in full force and effect. DocuSign Envelope ID: 159B3C60-BA40-4F52-9E65-5A4DD2D72518 Zinovo Amended Agreement and Management Plan 2 October 2019 ________ Jonathan Distad, CEO Zinovo Date ________ Peg Rifleman, COO Zinovo Date ________ Cynthia Andrus Mayor Date for City of Bozeman Commission ATTEST: Legal Review DocuSign Envelope ID: 159B3C60-BA40-4F52-9E65-5A4DD2D72518 12/12/2019 12/12/2019 12/16/2019 12/21/2019 12/21/2019 Zinovo Amended Agreement and Management Plan 3 October 2019 Exhibit A MANAGEMENT PLAN This Contract Amendment is entered into by and between the City of Bozeman, (the “City”) and Zinovo, LLC (the “Assisted Business”). 1. All partied mutually agree to amend the Management Plan (“Plan”), executed by them on June 8, 2018 as follows: A. ADMINISTRATIVE STRUCTURE 2. Prospera Business Network, (PBN) a. Alexa Freeburg, Grant Coordinator, will serve as the Project Administrator and will be responsible for overall coordination for all official contacts with City of Bozeman on behalf of PBN. Telephone: (406) 587-3113. 3. Zinovo LLC, the Assisted Business The Assisted Business has agreed to create 10 eligible net new jobs at the project site located at Zinovo LLC, located in Bozeman Montana (the “Project Site”). An eligible net new job is defined as one that is new to the company and has not been filled before December 1, 2017. Eligible new job criteria is a full-time job, meaning a predominantly year-round position requiring an average of 35 hours of work each week, and pays wages that meet or exceed $19.02 per hour, excluding benefits. B. PROJECT MANAGEMENT 2. Alexa Freeburg, Prospera Business Network, Project Administrator is responsible for the following project activities and will: C. FINANCIAL MANAGEMENT As designed in the BSTF contract, the total amount of the BSTF award will not exceed $50,000 less grant administration fees. 2. Assisted Business – Project Funds a. As outlined in the BSTF Contract, the Assisted Business will receive up to $4,600 per eligible net new job created by the Assisted Business for documented cost with reimbursement not to exceed a total of $46,000. b. An eligible net new job is defined as one that is new to the company and has not been filled before December 1, 2017. Eligible new job criteria is a full-time job, meaning a predominantly year-round position requiring an average of 35 hours of work each week, and pays wages that meet or exceed $19.02 per hour, excluding benefits. 2. All other provisions of the Contract remain in full force and effect. DocuSign Envelope ID: 159B3C60-BA40-4F52-9E65-5A4DD2D72518 Zinovo Amended Agreement and Management Plan 4 October 2019 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: CITY PROJECT MANAGER CITY FISCAL CONTACT Brit Fontenot, City of Bozeman Kristin Donald, Finance Director Date Date PROSPERA BUSINESS NETWORK ZINOVO LLC PROJECT ADMINISTRATOR PROJECT REPRESENTATIVE Alexa Freeburg, Prospera Business Network Jonathan Distad, Zinovo LLC Date Date DocuSign Envelope ID: 159B3C60-BA40-4F52-9E65-5A4DD2D72518 12/16/201912/17/2019 12/21/201912/21/2019 Zinovo Amended Agreement and Management Plan 5 October 2019 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 9th day of December, 2019. City of Bozeman Commission Cynthia Andrus, Mayor Date Prospera Business Network Paul Reichert, Executive Director PBN Carolyn Murry, Accountant PBN Date Date Zinovo LLC Peg Rifleman, Zinovo COO Date DocuSign Envelope ID: 159B3C60-BA40-4F52-9E65-5A4DD2D72518 12/12/2019 12/21/2019 12/21/201912/23/2019