HomeMy WebLinkAbout21- Amendment Contract - Gibson Brands, Inc. - Big Sky Trust Fund Grant MT-BSTF-1-20-25A DocuSign Envelope ID: 1B3BDDA6-OB77-4CDA-B591-15A655CAC061
COMMERCE CONTRACT #MT-BSTF-1-20-25
MONTANA DEPARTMENT OF COMMERCE
CONTRACT AMENDMENT # MT-BSTF-I-20-25A
This Contract Amendment is entered into by and between City of Bozeman, ("Contractor") and the
Montana Department of Commerce ("Department"). Program funds have been awarded to assist the
Contractor and Gibson Brands, Inc.
The Contractor and the Department mutually agree to amend Contract#MT-BSTF-1-20-25
("Contract"), executed by them on May 18, 2020 as follows:
I. Section I. Purpose of the Contract is amended to read:
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 Gibson Brands, Inc., 1894
Orville Way, Bozeman, MT 59715 (the "Assisted Business") with purchase of equipment and
for wage reimbursement and the creation of jobs in Montana.
The Assisted Business has agreed to create 81 eligible net new jobs at the project site located
in 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 January 14, 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 $19.80 per hour, including employee benefits that meet the requirements of the
Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq.
In addition, the Contractor and the Assisted Business have agreed to a total new investment
at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial
assistance received, within this Contract time period.
2. Section 6. Effective Date and Time of Performance of the Contract is amended to read:
(a) This Contract shall take effect on January 14, 2020 and will terminate upon completion
of the final closeout by the Department, or by January 14, 2022, 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
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Contract. The Contractor may modify the implementation schedule set forth in the
Contractor's application only upon obtaining prior approval of the Department.
(c) Each party, after termination of this Contract, remains subject to and obligated to
comply with all legal and continuing contractual obligations arising in relation to its duties
and responsibilities that may arise under the contract including, but not limited to,
record retention, audits, and indemnification.
(d) The Department reserves the right to extend this Contract based on but not limited to
the Contractor's performance of the contracted activities, the Contractor's compliance
with program requirements and the availability of program funding.
3. Section 7. Budget of the Contract is amended to read:
(a) The total amount to be awarded to the Contractor under this Contract will not exceed
$405,000 to be used as follows:
• Up to $375,030 (or$4,630 per job)to assist the Assisted Business with the purchase
of equipment and for wage reimbursement; and
• Up to $29,970 (or $370 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 January 14, 2022 will
revert to the Big Sky Economic Development Trust Fund.
4. Section 8. Conditions on Method of Reimbursement of the Contract is amended to read:
(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 $405,000 for the entire Contract. The
Department will not reimburse the Contractor for any costs incurred prior to January
14, 2020, 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
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the required matching funds and the creation of the eligible net new jobs by the Assisted
Business, and after incurring eligible expenses.
(d) The Department will use funds appropriated for the Program to fund awards to those
entities that have received a Notice of Award letter. The Contractor acknowledges that
its access to Program funds is subject to their availability.
(e) The Department agrees that, if and when the funds described in paragraph (a) of this
Section are available, the Department will authorize the Contractor to request payment
from Program funding awarded for the Contractor's Project. In requesting
reimbursement, the Contractor will follow the instructions supplied by the Department.
(f) The Contractor shall satisfy the matching funds requirements consistent with the
purposes expressed in the Contractor's application during the period of the Contract.
(g) The Department will only release funds to reimburse eligible and documented costs.
Funds can be requested by sending a Request for Payment, in the format prescribed by
the Department, signed by duly authorized representatives of the Contractor.
(h) As further set forth in Section 5 ACCEPTANCE OF PROGRAM REQUIREMENTS, and
Section 24 TERMINATION OF CONTRACT, if the Contractor fails to or is unable to
comply with any of the terms and conditions of this Contract, any costs incurred will be
the Contractor's sole responsibility and the Contractor agrees to repay to the
Department any funds advanced under the Contract.
(i) The Project funds may not be used to cover any costs incurred by the Contractor prior
to January 14, 2020, 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.
(1) 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 job creation and all tasks
outlined in Section 2 SCOPE OF WORK are completed by the Contractor and approved
by the Department.
5. All other provisions of the Contract remain in full force and effect.
By: _e — 2/10/2021
Cynt i a ndrus, Mayor Date
City of Bozeman
ATTEST:
NILL, hms 2/24/2021
Mike Maas, Clerk Date
City of Bozeman
By: a)A*
� AIV 2/24/2021
Adam Schafer, Deputy Director Date
Montana Department of Commerce
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