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HomeMy WebLinkAbout21- CONTRACT AMENDMENT # MT-BSTF-1-21-01A1 of 3 Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-21-01A Montana Department of Commerce City of Bozeman COMMERCE CONTRACT #MT-BSTF-1-21-01 MONTANA DEPARTMENT OF COMMERCE CONTRACT AMENDMENT # MT-BSTF-1-21-01A This Contract Amendment is entered into by and between the City of Bozeman, (“Contractor”) and the Montana Department of Commerce (“Department”). Program funds have been awarded to assist the Contractor and MeatEater, Inc. The Contractor and the Department mutually agree to amend Contract #MT-BSTF-1-21-01 (“Contract”), executed by them on September 16, 2020 as follows: 1. Section 1 of the Contract is amended to read: PURPOSE The purpose of this Contract is to provide funding for Big Sky Economic Development Trust Fund (BSTF) Program (the Program) Economic Development Job Creation Project activities approved by the Department which the Contractor has applied for project funds pursuant to Sections 90-1-201 et seq., Montana Code Annotated (MCA). Program funds have been awarded to assist the Contractor and MeatEater, Inc. 1203 N Rouse Avenue, Suite 3B, Bozeman, MT 59715, (the “Assisted Business”) with purchase of equipment, software and leasehold improvements and the creation of jobs in Montana. The Assisted Business has agreed to create 35 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 July 1, 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. DocuSign Envelope ID: A4E69826-9F10-4DBF-A7A5-0899077677C1 2 of 3 Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-21-01A Montana Department of Commerce City of Bozeman 2. Section 6 of the Contract is amended to read: EFFECTIVE DATE AND TIME OF PERFORMANCE (a) This Contract shall take effect on July 1, 2020 and will terminate upon completion of the final closeout by the Department, or by July 1, 2022, whichever comes first, unless otherwise terminated in accordance with the terms of this Contract. The employment level of MeatEater, Inc. one day prior to the contract effective date of July 1, 2020 is 32 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. (c) Each party, after termination of this Contract, remains subject to and obligated to comply with all legal and continuing contractual obligations arising in relation to its duties and responsibilities that may arise under the contract including, but not limited to, record retention, audits, and indemnification. d) The Department reserves the right to extend this Contract based on but not limited to the Contractor’s performance of the contracted activities, the Contractor’s compliance with program requirements and the availability of program funding. 3. Section 7 of the Contract is amended to read: BUDGET (a) The total amount to be awarded to the Contractor under this Contract will not exceed $175,000 to be used as follows: • Up to $161,000 (or $4,600 per job created) to assist the Assisted Business with the purchase of equipment, software and leasehold improvements; and • Up to $14,000 (or $400 per job created) 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 July 1, 2022 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 DocuSign Envelope ID: A4E69826-9F10-4DBF-A7A5-0899077677C1 3 of 3 Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-21-01A Montana Department of Commerce City of Bozeman reimbursement not to exceed a total of $175,000 for the entire Contract. The Department will not reimburse the Contractor for any costs incurred prior to July 1, 2020, nor for any expenses not included in the approved budget or not clearly and accurately supported by the Contractor’s records. 3. All other provisions of the Contract remain in full force and effect. By: ________________________________________________________________ Jeff Mihelich Date City Manager, City of Bozeman ATTEST: _______________________________________________________________ Mike Maas Date Clerk By: ________________________________________________________________ Adam Schafer Date Deputy Director, Montana Department of Commerce DocuSign Envelope ID: A4E69826-9F10-4DBF-A7A5-0899077677C1 5/14/2021 5/19/2021 5/19/2021