HomeMy WebLinkAbout021715_ca07JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator !'7
DATE: February 17, 2015
RE: Agreement Re: Website Development for Tourism Coordinating Council; In
the Amount of $1,450; Tourism Coordinating Council; Steve Shively
STATEMENT OF ISSUE: Board approval is recommended of a contract with Steve Shively,
dba S3 Solutions, website development services to the County's Tourism Coordinating Council
(TCC).
ANALYSIS: This agreement for website development provides a variety of improvements to
the Enjoy Olympic Peninsula web platform on behalf of the TCC. The agreement was
negotiated and executed by the TCC chair with the contractor. The work was budgeted and
successfully performed in 2014. By an oversight, the agreement for these services was not
presented to the BoCC for approval at that time, and BoCC approval is requested so the
contractor can be paid for the work already performed.
FISCAL IMPACT: This expenditure of $1,450 fell within the TLC's 2014 budget allocation
for that year. Since it was not paid from that year, it remains in Hotel/Motel fund balance, and
will require a supplemental appropriation to the TCC for 2015. Until then, the work can be paid
from the TCC's existing 2015 budgeted funds.
RECOMMENDATION: Approve the proposed agreement.
REVIEWED BY:
flip o, ey, ounty Adr trator Date
Tourism Coordinating Council (TCC) Jefferson Co. I I H
Website Development MOU
Steve Shively, licensed for business in Washington State d.b.a. SHIVELY STRATEGIC SOLUTIONS
(here after S3 Solutions) is pleased to provide the following contracted digital media solution services on
behalf of the Tourism Coordination Council of Jefferson County (here after TCC).
This working relationship is guided by a Memorandum of Understanding (MOU) between both parties as
detailed and agreed to below.
M OF UNDERSTANDING
(MOU)
S3 Solutions with TCC
This agreement is made as of August 12, 2014 by and between Steve Shively, with offices at 2023 E.
Sims Way #308, Port Townsend, WA 98368, with Tourism Coordination Council of Jefferson County
hereinafter known as the TCC, for the purpose of herein described digital media services.
1. PURPOSE:
The purpose of this MOU is for S3 Solutions to provide TCC with content dean -up of existing
EnjoyOlympicPeninsula web platform. So as to advance the TCC goal of Strengthening TCC vision,
mission and brand. This will be accomplished through fulfillment of the following components:
A. Website Facelift (complete new theme, enhancing current content throughout each page), i.e.:
a. Lodging:
i. Add images / slider for each property
ii. (Create landing page for some properties)
ill. Pinterest places map widget
b. Dining:
i. Add OCL map interface
ii. Pinterest places map widget
c. Trails'
I. Add trail condition and traveler posts
ii. Hike Olympics interface
d. Add new Adventures page
i. Full of sample itineraries, linking events, activities, accommodations, and
personalities across Jefferson County.
B. Enable throughout site SEO (Search Engine Optimization)
C. Program and provide link to Analytics
D. Set up Blog page inclusive of editorial calendar synced with seasonal OPTC campaigns.
E. Create a functional Events Calendar
F. Develop and present TCC Logo designs for consideration
2. Duties and Obligations
S3 Solutions agrees to perform the services specified herein, which is attached hereto and made part of
this agreement.
3. Compensation
All compensation received by S3 Solutions shall be deemed to be for services as an independent
contractor, and not as an employee of TCC. S3 Solutions' compensation for performing the specified
services shall be payment of $1,450.00. Additional or prorated work will be billed at a rate of $40.00 i
hour.
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Tourism Coordinating Council (TCC) Jefferson Co. z
Website Development MOU J
4. Term of Agreement
It is estimated with completion of work will take no greater than 45 -days from signed agreement. Scope of
work is subject to mutually agreeable extension or scheduled conclusion upon document completion of
above work. Either S3 Solutions or the TCC may terminate this agreement with 30 -days' notice, for any
reason or no reason, by written notice to the other party. TCC will compensate S3 Solutions for services
rendered up to the date of termination in line with compensation provisions under section 3 of this
agreement.
5. Intellectual Property Rights
All Intellectual Property Rights in any works arising in connection with the performance of the fulfilling the
Purpose outline above in section 1 by S3 Solutions will remain the property of S3 Solutions. Where S3
Solutions designs and modifies EnjoyOlympicPeninsula in the process of accomplishing the desired
Purpose outlined above, S3 hereby grants to TCC a non - exclusive royalty -free license to use such
modifications in connection with the EnjoyOlympicPeninsula Website.
6. Warranties
TCC acknowledges that:
a) search engine algorithms will change from time - to-time, which may affect the
EnjoyOlympicPeninsula website's rankings in the search engine results pages, and S3 Solutions
has no control over such future changes;
b) it may take many months for the fulfilled Purposes of the agreement as outlined in section 1 to
have any significant effects upon the ranking of the EnjoyOlympicPeninsula website in the search
engine results pages;
c) the promotion of the EnjoyOlympicPeninsula website and linked digital assets may lead to higher
traffic levels, and TCC will be responsible for arranging and paying for such promotions and
resulting management requirements; and
d) notwithstanding fulfillment of the Purposes of this agreement as outlined in section 1, the
EnjoyOlympicPeninsula website search engine results page rankings and traffic levels may
decrease as well as increase.
e) S3 Solutions does not warrant that any particular results will be achieved through the fulfillment of
the Purposes of this agreement. Should TCC indicate specific targets, outside the scope of this
MOU, that it will attempt to meet through the provision of this agreement, such targets are not
warranted and a failure to meet such targets will not be deemed a breach of this MOU
agreement.
T. Applicable Law and Enforcement of Rights and Obligations
Both parties agree to indemnify and hold harmless the other for any liability which is attributable to the
negligent actions or failure to act of the other. The maximum amount of liability will be the sum of fees due
to S3 Solutions for the previous 30 -days at the time that the claim for liability is made by the other party.
This agreement shall be construed and governed in accordance with the laws of WASHINGTON State. If
any court determines that any part of this agreement is unenforceable, S3 Solutions and TCC agree that
all other parts shall remain in force and effect to the maximum extent permitted by law.
This agreement is binding on the parties' successors, assigns, executors, administrators and heirs.
Mutually agreed binding arbitration is the preferred path of conflict resolution between both parties,
however, JEFFERSON, CO. WASHINGTON is the county of venue should conflicts related to this MOU
be taken to court.
8. Amendments
This agreement constitutes the entire agreement between the parties and may be amended only in
writing and executed by authorized representatives of both parties.
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Tourism Coordinating Council (TCC) Jefferson Co. I
Website Development MOUJ
By signing hereunder S3 Solution and TCC admoMedges that they have read all of the provisions of
this agreement and agree to all of its terms_
Steve Shively, Principal
on behalf of S3 Solutions
Name:
Signature:
Steve Shively
Jefferson County Board of
County Commissioners:
David Sullivan, Chair
Attest:
Carolyn Avery,
Deputy Clerk of the Board
Bill Roney, Council Chair
on behalf of TCC
Date
Approved as to Form:
David Alvarez, Deputy Prosecuting Attorney
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