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HomeMy WebLinkAbout012219_ca06 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Carolyn Gallaway, Deputy Clerk of the Board DATE: January 21,2019 SUBJECT: AGREEMENT,Amendment No. 4 Jefferson County Tourism Coordinating Council Marketing Coordinator Agreement; in the Amount of$2,667 per month; Steve Shively(dba S3 Solutions) STATEMENT OF ISSUE: Amendment No. 4 for TCC Marketing Coordinator services is to extend the 2018 agreement through December 31, 2019. FISCAL IMPACT: Contractor will receive $2,667 per month through 2019 for a total of$32,004.00 RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: 7/1 PhitiplVlorley, C.'unt Admin. . or Date AMENDMENT NO.4 JEFFERSON COUNTY TOURISM COORDINATING COUNCIL MARKETING COORDINATOR AGREEMENT This Amendment No. 4 to the Jefferson County Tourism Coordinating Council Marketing Coordinator Agreement is by and between JEFFERSON COUNTY, hereinafter known as "COUNTY," the JEFFERSON COUNTY TOURISM COORDINATING COUNCIL, hereinafter known as "TCC," and STEVE SHIVELY dba S3 Solutions, hereinafter known as "S3 SOLUTIONS," all three of which are collectively known as "the PARTIES." WHEREAS, the PARTIES fully executed a Jefferson County Tourism Coordinating Council Marketing Coordinator Agreement(Agreement) on February 23, 2015; and WHEREAS,the PARTIES executed Amendment No. 1 to the Agreement on February 1, 2016 funding and extending Marketing Coordinator services in 2015 and 2016; and WHEREAS, the PARTIES executed Amendment No. 2 to the Agreement on March 6, 2017 funding and extending Marketing Coordinator services in 2017; and WHEREAS, the PARTIES executed Amendment No. 3 to the Agreement on January 22, 2018 funding and extending Marketing Coordinator services in 2018 through December 31, 2018; and WHEREAS, the PARTIES desire to execute Amendment No. 4, extending the Agreement through December 31, 2019 and funding it consistent with the Tourism Coordinating Council's contract for 2019 and the TCC's scope of work funded by County Hotel/Motel funds; IN CONSIDERATION of the mutual covenants and agreements herein, the Agreement is hereby amended as follows: 1. The second paragraph of the Agreement is amended to read as follows: All compensation received on behalf of S3 Solutions is for services as an Independent Contractor, not as an employee of Jefferson County and the TCC. The compensation for performing the specified services in 2019 shall be $2,667 per month payable upon receipt of monthly invoice, which may be submitted in the prior month or thereafter. 2. The third paragraph of the Agreement is amended to read as follows: This renewable Agreement is for a term of January 1,2015 through December 31, 2019, unless a mutually agreed extension is executed in writing by all parties, or unless terminated as provided below: • If the TCC reorganizes and incorporates as an independent non-profit organization. and enters into a mutual agreement with the County to assume the tourism promotion/marketing activities ofthe TCC,in lieu of operating Page 1 of 2 AMENDMENT NO. 4-TCC MARKETING COORDINATOR AGREEMENT under Resolution No.78-03,then this Agreement shall terminate immediately upon the execution of said agreement,at which time,the new non-profit and S3 Solutions may choose to enter into an independent agreement to continue marketing coordinator services; • Any party to this Agreement may terminate the Agreement before December 31, 2019, for any reason, upon 30 days' written notice to the other parties. The County shall not be liable for any services or expenditures after the date of termination. All work performed in 2019 consistent with the Agreement as amended prior to the adoption of Amendment No. 4 is hereby ratified. 3. All other provisions of the original Agreement executed on February 23, 2015, and as amended by Amendment No. 1 executed on February 1, 2016, and Amendment No. 2 executed on March 6, 2017, and Amendment No. 3 executed on January 31, 2018 remain in effect. IN WITNESS WHEREOF: The parties have signed this Amendment on the date noted: Jefferson County Tourism Steve Shively, DBA S3 Solutions Coordinating Council 0141'F. 3 vorhoia Bill Roney, Chair at Steve Shively Date Jefferson County Board of County Commissioners: Kate Dean, Chair Date Attest: Approved as to Form: Arii/t/&__„ ///oPlif Carolyn Gallaway Date Philip Hunsucker Date Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney Page 2 of 2 AMENDMENT NO. 4-TCC MARKETING COORDINATOR AGREEMENT