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HomeMy WebLinkAboutRES2024-047 AKSBDC Agreement1 1 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2024-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE ALASKA SMALL BUSINESS DEVELOPMENT CENTER AND THE SEWARD CHAMBER OF COMMERCE, TO CONTINUE FUNDING THE SMALL BUSINESS ADVISOR POSITION FOR THREE YEARS, IN THE AMOUNT OF $25,000 PER YEAR WHEREAS, the Alaska Small Business Development Center (SBDC), the City of Seward, and the Seward Chamber of Commerce have shared the cost of funding the Small Business Advisor position in Seward for three years since its creation in 2021; and WHEREAS, this position has been successful in supporting Alaskan small businesses access the resources available to them; and WHEREAS, this position has been successful helping potential business owners in the Seward area, and across the Kenai Peninsula, launch their small business; and WHEREAS, 50% of the duties will include providing technical assistance to small business owners; and WHEREAS, 20% of the duties will include building awareness of the SBDC programs and services by engaging key referral sources such as banks, lenders, professional firms, and other business resource partners; and WHEREAS, 20% of the duties will include engaging in community outreach, public presentations, partnerships, and other outreach activities to leverage SBDC and local resources; and WHEREAS, 10% of the duties will include other short-term programs and projects that support the SBDC mission, such as providing training, participation in various entrepreneurial events, and similar special projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby authorizes the City Manager to enter into an agreement to support the Seward Small Business Advisor position where the City agrees to fund one-third of the position in the amount of $25,000 per year for a duration of three years. Section 2. Funding in the amount of $25,000 will be appropriated into the next 2025-2026 biennial operating budget. Section 3. This resolution shall take effect immediately upon adoption. CITY OF SEWARD, ALASKA RESOLUTION 2024-047 Page 2 of 2 PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 9th day of September 2024. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: Osenga, Calhoon, Barnwell, Crites, Finch, McClure NOES: None ABSENT: Wells ABSTAIN: None ATTEST: Kris Peck City Clerk (City Seal) 1 1 1 Resolution 2024-047 City Council Agenda Statement Meeting Date: September 9, 2024 To: City Council From: Kat Sorensen, City Manager Subject: Resolution 2024-047: Authorizing the City Manager to Enter into an Agreement with the Alaska Small Business Development Center and the Seward Chamber of Commerce, to Continue Funding the Small Business Advisor Position for Three Years, in the Amount of $25,000 Per Year Background and justification: The Seward Small Business Advisor position funded by the City of Seward, the Alaska Small Business Development Center (SBDC), and the Seward Chamber of Commerce has been successful in assisting Seward area residents with the creation of their small businesses. Successful small businesses in Seward strengthen a year-round economy, create jobs, and generate tax revenue for the city. These businesses touch all sectors of the economy, contribute to the small- town character of the community, and keep local money in Seward. In the three years this position has been operating in Seward, the Small Business Advisor has logged 1360 advising hours to 186 clients in Seward. This supported 566 jobs and resulted in 32 new businesses started. Since working with the SBDC, Seward clients reported an increase in sales of $6,290,897, with an average increase of $33,822. SBDC efforts in Seward resulted in $18,818,334 in loans, grants, and equity investments made into Seward businesses. Fifty percent of the job duties of the Small Business Advisor are to provide technical assistance to small business owners (and potential owners), helping Alaskans access the myriad resources available to them. The remaining duties are to build awareness of SBDC programs (20%); engage in community outreach (20%); and other short-term projects that support the SBDC mission (10%). Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1.1 Attract new business and industry to the greater Seward area Strategic Plan: Other: Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: $ 25,000 $ 48 Resolution 2024-047 X x Creates expenditure in amount of: $ 25,000 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Expenditure will be incorporated within the FY25_26 budget. Not budgeted Not applicable Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: X Yes Attorney Signature: Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 49 Docusign Envelope ID: 5B1C9F83-5E05-4E8D-8313-E8E8B268EDDC Resolution 2024-047 AGREEMENT TO PROVIDE SERVICES The Alaska Small Business Development Center (SBDC) and the City of Seward, agree the scope of work will be performed in accordance with the following conditions: 1. Scope of Work: The scope of work entitled, "Seward Center Partnership", is described in Exhibit A attached hereto and by reference incorporated here. 2. Period of Performance: The effective date of this contract shall be January 1, 2025, and shall terminate on December 31, 2027, unless amended by written mutual consent. No expenses will be reimbursed which are incurred prior to the effective date or after the termination date without prior approval from both parties. 3. Compensation: The City of Seward will compensate the Alaska SBDC, on a reimbursable basis, for costs incurred to complete the scope of work as described in Paragraph 1. Compensation shall be $25,000 per year, billed once annually. Invoices will be submitted each year and will itemize costs as detailed in the project budget (attached as Exhibit B). The City of Seward agrees to pay all Alaska SBDC invoices within thirty (30) business days of receipt of invoice. 4. Indemnification To the fullest extent permitted by applicable law the City of Seward shall defend, indemnify, and hold harmless the Alaska SBDC, University of Alaska, its Board of Regents, agents, officers, and employees from or against any and all loss, expense, damage, claim, demand, judgment, fine, charge, lien, liability, action, cause of action, or proceeding of any kind whatsoever arising directly or indirectly in connection with the advice given by, the products supplied by, or the performance of or activities of the Alaska SBDC, University of Alaska, its Board of Regents, agents, officers, and employees, acting pursuant to this contract, whether the same arises before or after completion of the Alaska SBDC's performance or the termination or expiration of this Agreement, except for damages, loss, or injury resulting from the Alaska SBDC's recklessness or intentional acts. 5. Venue and Applicable Law Any civil action arising from this Agreement shall be brought in the state courts of Alaska in Anchorage, Alaska. The laws of the State of Alaska shall govern the rights and duties of the parties under this agreement. 52 Docusign Envelope ID: 5B1C9F83-5E05-4E8D-8313-E8E8B268EDDC Resolution 2024-047 6. Disclaimer of Warranties To the fullest extent permitted by law, the Alaska SBDC makes no warranties, express or implied, as to any matter whatsoever including, without limitation, the condition of any work performed under this Agreement, or the merchantability or fitness for a particular purpose or function of any advice given or of any product prepared, made, or developed under this Agreement. The City of Seward understands and accepts that all the Alaska SBDC's work, products and advice are delivered "As Is" and without warranty. 7. Assignment This Agreement shall not be assigned by either party without the prior written consent of the other. 8. Ownership of Documents: All reports, plans, trainings and documents and other materials prepared by the Alaska SBDC under this Agreement that are specifically Alaska SBDC focused, as well as all existing Alaska SBDC materials used through the Seward Center are the property of the Alaska SBDC and the Alaska SBDC retains the intellectual property rights in these materials. Materials that are developed through this partnership that are specifically City of Seward focused as well as any existing City of Seward used through the Seward Center are the property of the City of Seward and the City of Seward retains the intellectual property rights to these materials. The City of Seward shall have a perpetual, royalty -free, non-exclusive, worldwide, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the Alaska SBDC materials developed through the Seward Center. 9. Termination of Agreement Either party may terminate this Agreement with or without cause upon 30 days written notice. In the event of termination, the City of Seward shall reimburse the Alaska SBDC for all reasonable, allocable, and allowable costs incurred up to the effective date of termination. 10. Entire Agreement This Agreement is the entire Agreement between the parties, and it supersedes all prior agreements, discussions, or understandings, written or oral. 11. Modifications The parties may modify or amend this Agreement only in a document signed by the authorized representatives of both parties. 12. Nondiscrimination In performing its duties under this agreement, the Alaska SBDC will not discriminate against any person Rebased on race, ethnicity, national origin, color, sex, sexual orientation, gender identity Agreement between Alaska Small Business Development Center and City of Seward Page 2 of 3 53 Docusign Envelope ID: 5B1 C9F83-5E05-4E8D-8313-E8E8B268EDDC Resolution 2024-047 of expression, marital status, political belief, religion, immigration status, mental or physical disability, veteran status, pregnancy, or parenthood. 13. Confidentiality Except as required by applicable law or by any court order, the Alaska SBDC agrees to treat information clearly marked as confidential by the City of Seward in a confidential manner. This means that the Alaska SBDC will use it and distribute it only as necessary to fulfill its obligations under this Agreement. The parties understand, however, that this Paragraph does not prohibit the Alaska SBDC from copying, distributing, and using the materials it develops or prepares under this Agreement as provided under Paragraph 8. 14. Contact Persons and Notices The contact persons for each party and the addresses to send Notices that are necessary under this Agreement are: Jon Bittner Alaska SBDC 3211 Providence Drive BOC 3, Suite 199 Anchorage, AK 99508 (907) 529-1103 jon.bittner@aksbdc.org Kat Sorensen City of Seward 410 Adams St Seward, AK 99664 (907) 224-4012 ksorensen@cityofseward.net 15. By signing below, the parties certify that they have the authority to bind their agencies to the terms and conditions of this Agreement. SIGNED SIGNED Alaska Small Business Development Center City of Seward �DocuSigned by: c�JB'RMO176753A Jon Bittner Executive Director Kat Sorensen City Manager Date: September 4, 2024 Date: ATTEST Kris Peck City Clerk Agreement between Alaska Small Business Development Center and City of Seward Page 3 of 3 54