HomeMy WebLinkAboutResolution No. 2021-18KENAI
CITY OF KENAI
RESOLUTION NO. 2021-18
Sponsored by: Administration
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING AN AMENDMENT OF THE
SHOP LOCAL ECONOMIC STIMULUS PROGRAM TO EXTEND THE DATES OF THE
PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE PROFESSIONAL SERVICES AGREEMENT WITH THE KENAI CHAMBER OF
COMMERCE AND VISITOR CENTER FOR ADMINISTRATION OF THE PROGRAM.
WHEREAS, on January 20, 2021, the Council passed Ordinance 3177-2021 authorizing the City
Manager to establish a Shop Local Economic Stimulus Program in the amount of $350,000 and
execute a professional service agreement with the Kenai Chamber of Commerce and Visitor
Center, Inc. for administration of the program for a total cost not to exceed $15,000 including up
to $10,000 to promote the program and up to $5,000 for program administration and support; and,
WHEREAS, the program allows for individuals who spend $100 or $200 on discretionary items in
Kenai to receive one (1) $50 or one (1) $100 voucher, respectively, to spend at Kenai businesses
participating in the program on a first-come, first -serve basis, concluding on April 1 or when funds
run out; and,
WHEREAS, Since the "Shop Here All Year in Kenai" shop local program began on February 1,
the Kenai Chamber reported the program had awarded $57,050 in vouchers as of the March 3
City Council Meeting, leaving a large share of the direct incentives available under the program
remaining; and,
WHEREAS, based on the participation in the program in the first month (February 1 through
March 1), additional funds remain in the program that would allow for an extension of the program
for an additional month; and,
WHEREAS, City Administration has worked directly with the Kenai Chamber of Commerce and
Visitor Center to monitor the success of the program and recommends an extension of the
program for an additional month, concluding May 1, 2021; and,
WHEREAS, the success of the City is dependent upon the success of the local economy and its
businesses and an extension of a program to reward local shopping, promote Kenai businesses,
and continue the community's recovery from the COVID-19 Public Health Emergency is in the
best interest of the City and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to extend the Shop Local Economic Stimulus
Program for an additional month, concluding May 1, 2021.
Section 2. That the City Manager is authorized to execute an amendment to the Agreement
with the Kenai Chamber of Commerce and Visitor Center, Inc. to extend the time of completion
Resolution No. 2021-18
Page 2 of 2
from April 20, 2021 to May 1, 2021 and increase the administrative costs from up to $15,000 to
up to $23,500 and fund the program for direct incentive to shoppers up to $326,500.
Section 3. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of March, 2021.
ATTEST:
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City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: March 5, 2021
SUBJECT: Resolution 2021-18 — Extending the Shop Local Program
At its January 20, 2021 meeting, the City Council passed Ordinance 3177-2021 authorizing the
Shop Local Economic Stimulus Program in the amount of $350,000, and the City entered into a
Professional Services Agreement with the Kenai Chamber of Commerce and Visitor Center, Inc.
for administration of the program for a total cost not to exceed $15,000 including up to $10,000 to
promote the program and up to $5,000 for program administration.
Since the "Shop Here All Year in Kenai" shop local program began on February 1, the Kenai
Chamber reported the program had awarded $57,050 in vouchers as of the March 3 City Council
Meeting, leaving a large share of the direct incentives available under the program remaining.
The program is set to conclude on April 1, 2021. Based on the participation in the program in its
first month (February 1 through March 1), additional funds appear likely to remain in the program
that would allow for an extension of the program for an additional month.
City Administration has worked jointly with the Kenai Chamber of Commerce and Visitor Center
to monitor the success of the program and recommends an extension of the program for an
additional month, concluding May 1, 2021. This extension will allow the program to continue at
the level of funding previously approved by Council with an increase in actual administrative costs
of $8,500 that will reduce the direct incentive to shoppers from $335,000 to $326,500 but continue
a successful program that rewards local shopping, promotes Kenai businesses, and assists in our
recovery from the COVID-19 pandemic.
Your consideration is appreciated.
CITY OF KENAI
FIRST ADMENDMENT TO AGREEMENT BETWEEN OWNER
AND SERVICE PROVIDER FOR KENAI SHOP LOCAL ECONOMIC
STIMULUS PROGRAM TO BENEFIT KENAI SMALL BUSINESS
MADE AS OF THE DAY OF 2021.
BETWEEN the OWNER: CITY OF KENAI
210 Fidalgo Avenue
Kenai, Alaska 99611
AND the SERVICE PROVIDER: Kenai Chamber of Commerce and Visitor Center, Inc.
11471 Kenai Spur Highway
Kenai, AK 99611
FOR the PROJECT: Kenai Shop Local Economic Stimulus Program to Benefit Kenai
Small Business
The Owner and Service Provider agree as set forth below.
ARTICLE 1
THE WORK
The Service Provider shall perform all the work described in the Proposed Kenai Shop Local Program as
Attachment "A" hereto, including but not limited to:
Basic Services, as described in the Program Description.
ARTICLE 2
TIME OF COMMENCEMENT AND COMPLETION
WHEREAS: on January 20, 2021, the Kenai City Council adopted Ordinance 3177-2021 authorizing the
City Manager to enter into a service agreement with the Service Provider; and,
WHEREAS: the Service Provider's performance of services required by this AGREEMENT shall commence
on February 1, 2021 and terminate on April 30, 2021; and,
WHEREAS: on March 17, 2021, the Kenai City Council adopted Resolution 2021-15, authorizing the City
manager to execute an amendment of the agreement, extending the termination date to May 1, 2021.
ARTICLE 3
COMPENSATION
WHEREAS: on January 20, 2021, the Kenai City Council adopted Ordinance 3177-2021 authorizing the
City Manager to enter into a service agreement with the Service Provider; and,
Professional Services Agreement Last Revised January 2014
WHEREAS: The Owner shall compensate the Service Provider for actual administrative as follows:
Administrative Costs not to exceed $15,000 including up to $10,000 to promote the program and
up to $5,000 for program administration and support.
And fund the program through the Service Provider for direct incentive to shoppers up to $335,000;
and,
WHEREAS: on March 17, 2021, the Kenai City Council adopted Resolution 2021-18, authorizing the City
manager to execute an amendment of the agreement, amending the compensation to the Service Provider
as follows:
Administrative Costs not to exceed $ 23,500 including up to $10,000 to promote the program and
up to $13,500 for program administration and support.
And fund the program through the Service Provider for direct incentive to shoppers up to $326,500
ARTICLE 4
ENUMERATION OF CONTRACT DOCUMENTS
The documents which are specifically incorporated into this AGREEMENT by reference and form the
contract documents are listed below. Should any provision or requirement of one portion of the contract
documents conflict with any other portion of the contract documents, unless otherwise provided herein, the
conflict will be resolved by reference to the contract documents in the following order of priority:
A. Any and all later modifications, Change Orders, and written interpretations of the Contract
Documents issued by the Owner
B. This AGREEMENT
C. The Service Provider's Proposal, including Cost Proposal
Any other attachments to this AGREEMENT do not form a part of the AGREEMENT but are for reference
or proof of compliance with the requirements of the AGREEMENT, except where the provisions of this
AGREEMENT provide such attachments will be or are a part of the AGREEMENT.
These forth the contract and what is required by any of the documents shall be as binding as if required by
all. The intention of the contract documents is to require the furnishing of all labor, material, equipment, and
other items necessary for the proper execution and completion of the program and to prescribe the terms
and conditions of the contract and payment, so as to include work and materials which may be necessary
to produce the intended results.
ARTICLE 5
INSURANCE
A. Service Provider shall, at Service Provider's own expense, secure and maintain the following insurance:
comprehensive general liability insurance, including premises, all operations, property
damage, personal injury and death, broad -forth contractual coverage with a per
occurrence limit of not less than $1,000,000 combined single limit;
ii. worker's compensation insurance with coverage for all employees engaged in work under
this Agreement as required by AS 23.30.045 (Service Provider is responsible for worker's
Professional Services Agreement Last Revised January 2014
compensation insurance for any subService Provider who directly or indirectly provides
services under the Agreement); and,
comprehensive automobile liability insurance covering all owned, hired, and non -owned
vehicles with coverage limits not less than $1,000,000 combined single limit per
occurrence.
Where specific limits are stated, the limits are the minimum acceptable limits. If Service Provider's
insurance policy contains higher limits, Owner is entitled to coverage to the extent of the higher limits.
B. All insurance required by this Section shall meet the following additional requirements:
for comprehensive general liability and automobile liability insurance, name the City of
Kenai as an additional insured;
ii. for worker's compensation insurance, general liability, and automobile liability insurance,
where possible, include a waiver of subrogation so that the insurer waives all rights of
subrogation against the City of Kenai for payments made under the policy;
iii. provide Owner with at least 30 days' notice before any termination, cancellation,
or material change in insurance coverage is effective; and,
iv. be issued by a company/corporation currently rated "A-" or better by A.M. Best.
C. Service Provider shall submit to Owner proof of insurance coverage in the form of
insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized
by the insurer to bind coverage on its behalf. The effective date of the insurance will be no later than the
first day of the term of this Agreement.
D. The indemnification and insurance coverage requirements stated in this Section and in
Section 6 below do not relieve Service Provider of any other obligation under this Agreement.
Owner may increase the amount or revise the type of required insurance upon written demand without
requiring amendments to this Agreement. Owner will base any increase or revision upon reasonable and
justifiable grounds. Within two weeks of the written demand, Service Provider shall submit to Owner
evidence of insurance coverage that meets the requirements of Owner.
ARTICLE 6
Indemnity, Defend, and Hold Harmless
Service Provider shall indemnify, defend, and hold harmless Owner and its agents, employees, and/or
insurers from claim, loss, damage, liability, including injury and death or expense in any way related to any
act or omission of Service Provider or Service Provider's employees, agents, or invitees arising out of
Service Providers performance of services under this Agreement, except to the extent any negligence of
Owner or its employees or agents is a proximate cause of any injury or damage. If a third party asserts a
claim against Service Provider and Owner, Service Provider and Owner shall seek in good faith to achieve
Agreement to an apportionment of fault as between them without an independent of litigation. This
provision shall survive expiration or termination of this Agreement.
ARTICLE 7
All legal notices relating to this contract, including change of address, shall be mailed to the Owner and the
Service Provider at the following addresses:
Professional Services Agreement Last Revised January 2014
OWNER SERVICE PROVIDER
City of Kenai Kenai Chamber of Commerce
210 Fidalgo Ave and Visitor Center, Inc.
Kenai, Alaska 99611 11471 Kenai Spur Highway
Kenai, Alaska 99611
ARTICLE 8
EXTENT OF AGREEMENT
This AGREEMENT represents the entire and integrated AGREEMENT between the Owner and the Service
Provider, and supersedes all prior, inconsistent negotiations, representations, or AGREEMENTS, either
written or oral. This AGREEMENT may be amended only by written instrument signed by both Owner and
Service Provider.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in their respective
names by their duly authorized representatives as of the date and year above written.
ARTICLE 9
ATTACHMENTS
In the event there is any difference between an attachment to the original of this AGREEMENT on file with
the City of Kenai and any attachment to a duplicate original of the AGREEMENT, the attachments to the
original filed with the City shall control.
ARTICLE 10
JURISDICTION: CHOICE OF LAW
This contract shall be governed by the laws of the State of Alaska, and any lawsuit brought thereon shall
be filed in the Third Judicial District at Kenai, Alaska.
OWNER and SERVICE PROVIDER each binds themselves, their partners, successors, assigns and legal
representatives in respect to all covenants, AGREEMENTs and obligations contained in the Contract
Documents.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in their respective
names or by their duly authorized representatives as of the date and year above written.
OWNER: SERVICE PROVIDER:
CITY OF KENAI
By:
Paul Ostrander
City Manager
By:
Name:
Title:
Professional Services Agreement Last Revised January 2014
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of
'2021.
Paul Ostrander, City Manager,
City of Kenai, Alaska, being personally known to
me or having produced satisfactory evidence of
identification, appeared before me and
acknowledged the voluntary and authorized
execution of the foregoing instrument on behalf
of said City.
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
Approved by Legal: _
Approved by Finance:
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on
this _ day of , 2021.
(title)
Of
being personally
known to me or having produced satisfactory
evidence of identification, appeared before me
and acknowledged the voluntary and authorized
execution of the foregoing instrument on behalf
of said corporation.
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
Professional Services Agreement Last Revised January 2014