HomeMy WebLinkAbout21- Big Sky Economic Trust Fund Program Contract MT-BSTF-1-21-09 XY PlanningPage 1 of 15
Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-09
Montana Department of Commerce Updated 12-2-20 City of Bozeman
MONTANA DEPARTMENT OF COMMERCE
BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM
CONTRACT # MT-BSTF-1-21-09
This Contract is entered into by 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 XY Planning Network,
LLC, 24 E Main Street, Bozeman, MT 59715 (the “Assisted Business”) with purchase
of computers, equipment and for wage reimbursement and the creation of jobs in
Montana.
The Assisted Business has agreed to create 34 eligible net new jobs at the project site
located at Bozeman, Montana (the “Project Site”) in the Contractor’s jurisdictional area
within the Contract time period. An eligible net new job is defined as one that is new to
the company and has not been filled before October 8 ,2020. 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 $20.88 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 computers, equipment,
and for 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 authorit y 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 October 8, 2020 and will terminate upon
completion of the final closeout by the Department, or by October 8, 2021,
whichever comes first, unless otherwise terminated in accordance with the terms
of this Contract. The employment level of XY Planning Network, LLC one day
prior to the contract effective date is 36 permanent, full-time employees onsite,
per the certified baseline job report.
(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.
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(c) Each party, after termination of this Contract, remains subject to and obligated to
comply with all legal and continuing contractual obligations arising in relation to
its duties and responsibilities that may arise under the contract including, but not
limited to, record retention, audits, and indemnification.
d) The Department reserves the right to extend this Contract based on but not
limited to the Contractor’s performance of the contracted activities, the
Contractor’s compliance with program requirements and the availability of
program funding.
Section 7. BUDGET
(a) The total amount to be awarded to the Contractor under this Contract will not
exceed $170,000 to be used as follows:
• Up to $156,400 or $4,600 per job to assist the Assisted Business with the
purchase of computers and equipment, and for wage reimbursement;
and
• Up to $13,600 or $400 per job 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 October 8, 2021
will revert to the Big Sky Economic Development Trust Fund.
(d) The total amount to be awarded to the Contractor under the Contract shall be up
to $5,000 per eligible net new job created by the Assisted Business for
documented costs with reimbursement not to exceed a total of $170,000 for the
entire Contract. The Department will not reimburse the Contractor for any costs
incurred prior to October 8, 2020 nor for any expenses not included in the
approved budget or not clearly and accurately supported by the Contractor’s
records.
Section 8. CONDITIONS ON METHOD OF REIMBURSEMENT
(a) 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.
(b) Unless otherwise authorized by the Department, the Contractor may receive
award funds periodically over the Contract period only upon documenting the
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expenditure of the required matching funds and the creation of the eligible net
new jobs by the Assisted Business, and after incurring eligible expenses.
(c) 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.
(d) 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.
(e) The Contractor shall satisfy the matching funds requirements consistent with the
purposes expressed in the Contractor’s application during the period of the
Contract.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
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(k) 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.
(l) 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 attrib utable 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.
(m) At the request of the Department, Requests for Payment for contracted or
subcontracted services must attach appropriate documentation demonstrating
compliance with contract requirements.
(n) The Contractor may not use monies provided through this Contract as payment
for Project costs that are reimbursed from other sources.
(o) The Department will withhold ten percent (10%) of the total amount awarded to
the Contractor until the Department approves the complete job creation 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
with Progress Report and Job Certification Form. Narrative Progress Report
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;
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Montana Department of Commerce Updated 12-2-20 City of Bozeman
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.
(b) 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.
(c) 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.
(d) 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:
For the Department:
Chris Reeder (or successor)
Project Specialist, Big Sky Economic Development Trust Fund Program, MDOC
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-09
Montana Department of Commerce Updated 12-2-20 City of Bozeman
P.O. Box 200505
Helena, MT 59620-0505
406-841-2792
For the Contractor:
Cynthia Andrus (or successor)
Mayor, City of Bozeman
PO Box 1230
121 North Rouse Ave
Bozeman, MT 59771
406-582-2306
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 pr oblem 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
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taken by the State of Montana 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
Contractor shall, in performance of work under this Contract, fully comply with all
applicable federal, state, or local laws, rules, regulations, and executive orders including
but not limited to, the Montana Human Rights Act, the Equal Pay Act of 1963, 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. Contractor is the
employer for the purpose of providing healthcare benefits and paying any applicable
penalties, fees and taxes under the Patient Protection and Affordable Care Act [P.L.
111-148, 124 Stat. 119]. Any subletting or subcontracting by Contractor subjects
subcontractors to the same provisions. In accordance with 49-3-207, MCA, and
Executive Order No. 04-2016. Contractor agrees that the hiring of persons to perform
this Contract will be made on the basis of merit and qualifications and there will be no
discrimination based on race, color, sex, pregnancy, childbirth or medical conditions
related to pregnancy or 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 by the persons performing this Contract.
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
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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 for all claims arising out of the use of award
proceeds provided by the State of Montana.
(b) Primary Insurance. Contractor’s insurance coverage shall be primary insurance
with respect to the State of Montana, its elected or appointed officers, officials,
and employees and the state’s insurance shall not contribute with it.
(c) 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.
(d) 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
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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 future years; and (2) t he 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.
(e) 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 th ere 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.
(f) 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 beg inning 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 d ebarred, 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.
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Section 24. 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 Department, at its sole
discretion, may terminate or reduce the scope of this Contract if available fun ding
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 o r
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 consider ation 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.
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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. 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’ COMPEN SATION 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.
DocuSign Envelope ID: 2FB0A426-01A3-4782-A231-701C719184B5
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-09
Montana Department of Commerce Updated 12-2-20 City of Bozeman
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.
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 correspon dence
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.
DocuSign Envelope ID: 2FB0A426-01A3-4782-A231-701C719184B5
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-09
Montana Department of Commerce Updated 12-2-20 City of Bozeman
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: ________________________________________________________________
Cynthia Andrus Date
Mayor, City of Bozeman
ATTEST:
_______________________________________________________________
Mike Maas Date
City Clerk
By: ________________________________________________________________
Adam Shafer Date
Deputy Director, Montana Department of Commerce
DocuSign Envelope ID: 2FB0A426-01A3-4782-A231-701C719184B5
1/27/2021
1/27/2021
1/27/2021
Contract Information Sheet
Division staff are required to complete the items in blue print.
Contract Number:MT-BSTF-1-21-09 Division:
Contractor's Name:City of Bozeman MOTBD
Contractor (Signee) Name:Cynthia Andrus
Contractor's Email:candrus@bozeman.net
Contractor's Address:PO Box 1230 Vendor Number:
Contractor's Address 2:Bozeman, MT 59771 23437
Clerk's Name Mike Maas
Clerk's Email mmaas@bozeman.net
Begin Date:
10/8/2020
Duns Number:N/A End Date:
(Federal Funds Required)10/8/2021
Current Term Amount:170,000.00 Absolute End Date:
Total Contract Value:170,000.00 N/A
Organization Number:535301 Original Contract FY:
RFP Number (if applicable):N/A FY__21____
Program Number:51 Funding Source:
Contract Type:Grant State
(Standard, Sole Source, Exigency, Term Contract, Lease, MOU, PO, Grant)(State, Federal, Both, Other)
Contract Usage:As Needed
(As Needed, Fixed, No Cost)
Liaison:Chris Reeder Program Manager:Annmarie Robinson
Liaison Email:chris.reeder@mt.gov Bureau Chief:Wayne Johnston
Liaison Phone:406-841-2792 Additional Email:arobinson3@mt.gov
Alexa Freeburg afreeburg@prosperamt.org
Brit Fontenot bfontenot@bozeman.net
Carbon Copies:
Signatures:Liaison:
Division Adminstrator
Director (> $200K):
Fiscal Review
Deputy Director (<$25K):
Legal Counsel
Perceptive:
DocuSign Envelope ID: 2FB0A426-01A3-4782-A231-701C719184B5
12/18/2020
12/21/2020
12/21/2020