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HomeMy WebLinkAboutPR 24685: PAEDC TO ENTER INTO AN AGREEMENT WITH GOLDEN SHOVEL AGENCY, LLC, WEBSITE DEVELOPMENT AND HOSTING SERVICES PORT*ARTHUR 1 INTEROFFICE MEMORANDUAM Date: December 2, 2025 To: Port Arthur City Council Through: Ron Burton, City Manager From: Krystle Muller, Interim CEO RE: PR 24685 —Authorizing the Port Arthur Economic Development Corporation to enter into an agreement with Golden Shovel Agency, LLC for website development and hosting services. The intent of this Agenda Item is to seek the City Council's approval for authorizing the Port Arthur Economic Development Corporation to enter into an agreement with Golden Shovel Agency,LLC for website development and hosting services. Background: The Port Arthur Economic Development Corporation(PAEDC) seeks to redesign,modernize,and enhance its digital presence through comprehensive website redevelopment and ongoing content management and hosting services. The PAEDC reviewed all necessary qualifications and proposals submitted to provide Website Development and Hosting Services, the PAEDC finds and determines that Golden Shovel Agency, LLC meet the needs and requirements set forth by the PAEDC Board of Directors. The PAEDC Board strives to provide the greatest visibility in its digital presence and value to the PAEDC in website development and hosting, and believes that the appointment of Golden Shovel Agency, LLC will allow them to do so. Budgetary Impact: The budgetary impact of this item will be a one-time fee of$48,450 and an annual Hosting fee in the sum of$12,000 plus 3%annual inflationary increase(not to exceed$13,500), subject to annual budget approval,beginning April 2027; funds available in PAEDC Account No. 120-80-625-5420-00-00-000 (Professional Services). Recommendation: It is recommended that the City Council approve the appointment of Golden Shovel Agency,LLC and authorize PAEDC Board President to execute a Website Development and Hosting Services Agreement. PR 2468.5 12/2/2025 DMB RESOLUTION NO. A RESOLUTION AUTHORIZING THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO AN AGREEMENT WITH GOLDEN SHOVEL AGENCY, LLC OF LITTLE FALLS,MN FOR WEBSITE DEVELOPMENT AND HOSTING SERVICES IN A ONE-TIME AMOUNT NOT TO EXCEED THIRTY SIX THOUSAND FOUR HUNDRED FIFTY DOLLARS($36,450),WITH HOSTING SERVICES IN A YEARLY AMOUNT NOT TO EXCEED THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500), SUBJECT TO ANNUAL BUDGET APPROVAL;PAEDC FY 25-26,FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80- 625-5420-00-00-000(PROFESSIONAL SERVICES). WHEREAS,the Port Arthur Economic Development Corporation("PAEDC")seeks to redesign, modernize, and enhance its digital presence through comprehensive website redevelopment and ongoing content management and hosting services; and WHEREAS, the PAEDC advertised a Request for Proposals (RFP) Exhibit "A"; for Website Development and Content Management/Hosting Services on August 13, 2025, and received ten (10) proposals in response,with eight(8)meeting the criteria to advance to the evaluation stage;and WHEREAS, the proposals received were reviewed and evaluated by the PAEDC Evaluation Committee based on weighted criteria as outlined in the RFP; and WHEREAS,at their regular Board meeting of December 1, 2025,the PAEDC Board of Directors accepted the highest scoring proposal submitted by Golden Shovel Agency, LLC as outlined in Exhibit "B"; and WHEREAS,at their regular Board meeting of December 1, 2025,the PAEDC Board of Directors approved entering into a Contract for Retention of Golden Shovel Agency, LLC for Website Development and Hosting Services for the PAEDC in the one-time amount$48,450 as denoted in Exhibit"C". WHEREAS,the PAEDC shall pay an annual Hosting fee to Golden Shovel Agency,LLC in the sum of$12,000 plus 3%annual inflationary increase(with a cap on the increase at$13,500), subject to annual budget approval,for ongoing Marketing&Content Management Service(Gatekeeper Service) and Website Hosting,Maintenance&Technical Support due in a single installment on each annual contract renewal date beginning April 2027. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS THAT: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Port Arthur Economic Development Corporation is hereby authorized to enter into a Contract for Retention of Golden Shovel Agency, LLC for website Development and Hosting Services in substantially the same form as denoted in Exhibit "C" for a one-time fee of$36,450 with hosting services in a yearly amount not to exceed an amount of$13,500 subject to annual budget approval, funds available in PAEDC Account No. 120-80-625-5420-00-00-000(Professional Services). Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes. READ, ADOPTED AND APPROVED on this day of A.D., 2026, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, City Secretary #2498847 Page 2 APPROVED: r K stle uller, PAED Interim Chief Executive Officer APP'OV .1 A' TO `•RM: adOi Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: Roxann Pais Cotroneo,City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: Lynd Boswell, Finance Director #2505696 Page 3 Exhibit "A" #2498847 Page 4 Wednesday, August 13,2025 Dear Prospective Vendor, The Port Arthur Economic Development Corporation(PAEDC) is seeking proposals from experienced website design and development firms for the redesign of our organizational website. This initiative is part of our broader effort to modernize our digital presence, improve community engagement,and support our mission to attract and retain business investment in Port Arthur, Texas. All submissions must be received by 5:00 p.m. on Monday,September 15,2025. Project Overview The selected firm will collaborate with PAEDC to design and develop a dynamic, mobile- responsive, and user-friendly website. The redesigned platform should reflect our brand, highlight our programs and economic impact, and serve as an accessible resource for business owners, stakeholders, and the public. Project Goals • Modernize the PAEDC website to improve navigation, accessibility, and mobile responsiveness. • Present an engaging, professional image that resonates with business owners, site selectors,and community stakeholders. • Integrate economic development tools and resources for ease of use. • Improve backend management for PAEDC staff. Scone of Work Qualified firms should be prepared to provide the following services: • Website strategy and user experience planning • Modern and responsive website design • Development and implementation of a content management system (CMS) • Content migration and optimization • Integration of SEO, analytics, forms, and third-party tools • ADA accessibility compliance • Staff training and post-launch support Submission Requirements A. Qualifications • Relevant EDC Experience- Evidence of successfully completed projects for other Economic Development Corporations or similar municipal/business development organizations. • Portfolio Quality - Links to live websites or screenshots of comparable projects. Look for clean, modern designs that communicate credibility and economic development expertise. • Industry Understanding-Familiarity with EDC-specific needs such as property listings, workforce data, incentive programs, and investor resources. • Team Expertise- Bios and roles of the project team (designers,developers, SEO specialists, project managers). • Past Performance-References and testimonials from past EDC or municipal clients. • Professional Credentials-Certifications,awards,or recognitions in web design, UX/UI,or municipal development work. B.Technical Approach • CMS Platform -Proposed content management system (WordPress, Drupal, custom, etc.), including rationale and scalability. • Design & Functionality- Mockups, site map, or wireframes showing how the site will look and function. • Accessibility- Plan for ADA compliance and WCAG standards. • SEO Strategy - Built-in optimization and integration with analytics. • Security Measures-Data protection, SSL certification,and defense against cyber threats. • Third-Party Integrations- Any planned tools for GIS mapping, property search, CRM connectivity, or economic data dashboards. • Mobile Responsiveness- Design approach for full device compatibility. C. Timeline • Project Schedule-A detailed timeline with major milestones from contract signing to launch. • Milestones & Deliverables- Design approvals,content migration, beta testing, staff training,and go-live date. • January 16,2026 Deadline-Clear commitment to meeting the deadline. • Project Management Methodology-Agile, waterfall, or hybrid; communication and reporting methods. • Contingency Planning- How the vendor will manage delays or unforeseen issues. D. Cost • Itemized Costs- Design, development, hosting, licensing, maintenance, and training separated out. • One-Time vs. Ongoing Fees- Identify what's included in initial build vs. recurring costs. • Cost Justification - Explanation of how each cost contributes to value. • Maintenance& Support Pricing- Post-launch support costs, update fees, and emergency response rates. • Optional Features- Pricing for add-ons that may not be in the base contract but could be included later. E. Contract Terms • Payment Schedule- Milestone-based or phased payments tied to deliverables. • Ownership Rights- PAEDC should retain full ownership of website content, code,and design upon completion. • Warranties—Timeframe for bug fixes and post-launch support included in the base contract. • Termination Clauses—Conditions under which either party can end the contract. • Service Level Agreements(SLAs)—Guaranteed response and resolution times for support requests. • Hosting& Data Control— Where and how the site will be hosted, including control over hosting accounts. • Change Management— How scope changes will be documented and approved. Evaluation Criteria Proposals will be evaluated based on the following weighted criteria: I. Qualifications (30%)— Demonstrated experience developing websites for EDCs or similar organizations, with a strong portfolio of relevant work. 2. Technical Approach (20%)— Proposed design, functionality, and technology solutions that align with PAEDC's goals. 3. Timeline (20%)—Ability to meet the January 16,2026 completion deadline, with a clear project schedule. 4. Cost (15%)—Total project cost, including design,development, and post-launch support. 5. Contract Terms (15%)— Clarity, fairness, and flexibility of proposed contract terms, including maintenance agreements. Submission Deadline All submissions must be received by 5:00 p.m.on Monday,September 15,2025. Please send your qualifications in PDF format via email to: Dylan Bennett Marketing& Insights Manager Port Arthur Economic Development Corporation Email: l)13ennctt a,paedc.orc We appreciate your interest in working with PAEDC and look forward to reviewing your submission. Sincerely, Dylan Bennett Marketing& Insights Manager Port Arthur Economic Development Corporation Important Notice: Issuance of this Request for Qualifications does not constitute a commitment by the Port Arthur Economic Development Corporation to award a contract,pay any costs incurred in preparing a response,or procure any services. PAEDC reserves the right to accept or reject any or all submissions, to waive informalities or irregularities, and to cancel or mode this solicitation at any time. Exhibit "B" #2498847 Page 5 rn D < d � * * * = I31 Wtop, c CD O o, v W 00 O\ i A w cm rn v .4. wLA0000N LJ t.a 41. 'C c w 0 m w � v, 0000 = CD w o� oo 0 17 CA a, °- m _ � 0� ;0 � 3 v tT ON 0' o 04 (inm cn 3 ° r' 0 r e m Z N � AO --Io < Qo tT a r 0 C rn tTLA -1cc —I rn .0o � o <<. _ 0 0 e Z L...) e 3 � W00No .1 m w a. w 0 Z w w C C 1.1 w 2 w ID W � v, 0000n+ w --1 N w 3 w w L..' 0 Exhibit "C" #2498847 Page 6 Golden Shovel Agency Agreement to Provide the Economic Gateway Service This agreement for Website Development and Hosting Services ("Agreement") is dated December 22, 2025 by and between Golden Shovel Agency, LLC, 43 East Broadway, Suite 104, Little Falls, Minnesota 56345 ("Golden Shovel"), and the Port Arthur Economic Development Corporation (PAEDC) ("Client"). 1. Services A. Website, Logo, and Content Services (GateKeeper). Golden Shovel agrees to provide Client with the "Economic Gateway" service through a website ("Website")with the following features below: *Services: *Module Examples: • Logo Design (complimentary) ✓ Homepage Showcase • Website Design& Development ✓ News o Includes: ✓ Events Calendar • Interactive Map ✓ Incentives Directory • Video Banner ✓ Projects Directory • Professional Website Copywriting& ✓ Communities Profile SEO ✓ Resource Library • Real Estate Tools ✓ Staff Directory • ESRI demographic data feed& ✓ Contact Form Manager community profile infographics ✓ Secure Board Section • Ongoing GateKeeper Service&Content Management: ✓ Translation Tool o Includes: ✓ Public Submission • Unlimited Website Updates through Forms Client Success Manager or Support ✓ Fast Facts Portal ✓ Business Directory • Monthly Gatekeeper Meetings ✓ Member Directory • Monthly Custom Articles ✓ Jobs Directory • Weekly Social Media Posts ✓ Integrated Google Tools • Quarterly Marketing Reports& Analytics • Website Hosting, Maintenance, Technical Support&SSL • ESRI demographic data feed& community profile updates • Complimentary website redesign every 4 years valued at$10,000 • Overview& Drone Video Package: • 60-90 second business park video with soundtrack and graphics • 1 day of up to 10 hours shooting (travel& lodging included) • 12 15-30 second social media clips *Golden Shovel does not provide Email Hosting services. Client will be responsible for maintaining Email Hosting services with the service provider that best suits their needs according to their requirements. *Client will be responsible for domain registration and any correspondent fee. Client will own the URL and Golden shovel will host it. General Assumptions: 1. Golden Shovel and its subcontractors will develop all aspects of the proposed application unless otherwise noted and will retain ownership of programming code. 2. When third-party solutions (Google, etc.) are integrated, it is assumed that Client accepts all applicable Terms and Conditions. B. Maintenance. Golden Shovel or its subcontractors will host the Website and will ensure that the site is up at least 99% of the time or as is commercially reasonable. C. Support. Golden Shovel will provide email and phone customer support on business days between 8:00 a.m. and 5:00 p.m. Central Time, with a 36 hour maximum response time. 2. Payment for Services For the creation of the website with the services and modules set forth above, Client agrees to pay Golden Shovel Agency the following fees: • Website Design & Development: $24,950 • Ongoing Website Support, GateKeeper, Website Hosting: $12,000 • Drone Video Package: $11,500 The total cost for the first year of services is $48,450. • Client shall pay $36,450 for website and video services upon execution of this Agreement. • The remaining $12,000 shall be paid on April 1, 2026 Client shall pay Golden Shovel the sum of $12,000 plus 3% annual inflationary increase (with a cap on the increase at $13,500) in one single installment for renewal of services (Ongoing Marketing & Content Management Service (Gatekeeper Service) and Website Hosting, Maintenance & Technical Support) due in a single installment on April 1, 2026, and on each annual contract renewal date thereafter. Renewal subject to client's annual budget renewal. Design changes required after soft launch, must be listed too, for review of feasibility. Additional features or changes requested by client, such as custom elements integration, third-party software/updates or changes out of the scope of services included as part of the Gateway modules described above that may require additional development, will be reviewed for feasibility and estimation will be provided to client. Any major changes to the project will require an addendum and no changes or additions will be made without Client's consent. 3. Relationship of Parties Golden Shovel is an independent contractor and not an employee or affiliate of Client. No partnership, joint venture franchise or employment is created by this Agreement, and each party is responsible for providing benefits for its own employees, and for maintaining its own books and records regarding the same. 4. Confidentiality A. "Confidential Information" means any and all information related to the business or affairs of Golden Shovel or Client, including without limitation the terms of this Agreement and each party's research, development, products, methods of manufacture or process, means of development, trade secrets, business plans, customers, finances, or personnel data. "Confidential Information" does not include any information: 1) which the receiving party ("Recipient") rightfully knew before it was disclosed by the disclosing party ("Discloser"); 2) which has become publicly known through no wrongful act of Recipient; 3) which Discloser intends to make public through this Agreement; or 4) which the Recipient developed independently. B. All Confidential Information remains the property of Discloser, and no license or other right in any Confidential Information is granted to Recipient by this Agreement. Recipient agrees not to disclose any Confidential Information to any third party or otherwise, and to take all reasonable precautions to prevent its unauthorized dissemination, both during and after the term of this Agreement. Upon Discloser's written request, Recipient agrees to return to Discloser all Confidential Information, including but not limited to all computer programs, documentation, notes, plans, drawings, and copies thereof. 5. Ownership of Work Product Client retains ownership rights in all data, information, drawings, pictures or writings it provides Golden Shovel under this Agreement ("Client Data"), and represents that it has the necessary legal rights in any intellectual property associated with the Client Data. Except for the Client Data, all software programs, means of development, works, derivative works, products, designs and other results of the services performed by Golden Shovel in connection with this Agreement, including the Website ("Golden Shovel Work Product"), shall be the sole property of Golden Shovel or its subcontractors, except that Client is hereby granted a non-exclusive, limited license to use the Golden Shovel Work Product for the purposes intended by this Agreement, but for no other purpose. 6. Indemnification To the extent permitted by Texas law each party agrees to defend and indemnify the other party and their respective officers, directors, shareholders, employees, agents and affiliates, from all claims, demands, causes of action, costs, liability, expenses, damages, and amounts reasonably paid in settlement (including reasonable attorney's fees and costs) to the extent caused by the indemnifying party's acts, errors, omissions or breaches of this Agreement. 7. Term and Termination This Agreement shall continue until terminated, and termination may be effected only as follows: 1. By either party by written notice to the other party if a receiver shall have been appointed over the whole or any substantial part of the assets of the other party, a petition or similar document is filed by the other party initiating any bankruptcy or reorganization proceeding or such a petition is filed against the other party and such proceeding shall not have been dismissed or stayed within sixty (60) days after such filing; 2. By either party upon written notice if the other party has materially breached the terms of this Agreement and fails to cure such breach within ten (10) business days after receipt of written notice of such default; or 3. By either party upon thirty (30) days advance written notice to the other party in advance of annual contract renewal (subject to any fee modifications as set forth in section 2 above). 4. This agreement is subject to Client's annual budget approval. The provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement shall survive expiration or termination of this Agreement, including without limitation the rights and obligations set forth in sections 2, 3, 4, 5, 6, 8, 9, and 11. 8. Disclaimer of Warranties and Limitation of Liability Except as expressly stated in this Agreement, the Website is provided without warranty, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular ("Golden Shovel Group") are not liable to Client for any indirect, incidental, special or consequential damages incurred or suffered by Client arising out of or in connection with this Agreement, including without limitation lost revenue, loss of income or loss of business advantage, even if a party has been advised of the possibility of such damages. 9. Mediation, Arbitration; Governing Law and Venue; Equitable Relief; Attorney's Fees In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between Golden Shovel Group and Client arising out of or relating to this Agreement shall be submitted to non binding mediation prior to commencing arbitration or litigation. This Agreement is made in Texas and shall be governed by and construed in accordance with the laws of the State of Texas without reference to choice of law principles. If any action or proceeding, whether regulatory, administrative, at law or in equity, or arbitration, is commenced or instituted to enforce or interpret any of the terms and provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable attorneys' fees, expert witness fees, costs of suit, and expenses, in addition to any other relief to which such prevailing party may be entitled. 10. Entire Agreement, No Additional Terms This is the entire Agreement between the parties with respect to its subject matter and supersedes all prior agreements. All additions or amendments to this Agreement must be in writing and signed by the party sought to be bound. 11. Other Provisions Neither this Agreement nor any part may be assigned, sublicensed or otherwise transferred by either party without the other party's prior written consent • This Agreement is binding upon and shall inure to the benefit of the legal successors and assigns of the parties. • If any provision of this Agreement is found to be void, invalid, unenforceable or illegal, the validity and enforceability of the other provisions will not be affected and any unenforceable provision shall be modified and interpreted so as to best accomplish the intent of such provision. • Neither party shall be deemed to be liable for any provisions under this Agreement for failures in performance resulting from acts or events beyond the reasonable control of the party including, but not limited to, delays in transportation, storms or extreme weather conditions, fire, explosion, flood, strike, riot, or unavailability of communications, power, or telephone lines, supplies, or service, delay in delivery, failure or malfunction of equipment or of software, or similar catastrophe, or other acts of God. • Failure to enforce any provision of this Agreement is not a waiver of the provision or of the right to enforce the provision later. • The headings and captions are inserted for convenience only and do not constitute a part of the Agreement. • This Agreement may be signed in counterpart. IN WITNESS WHEREOF, the Port Arthur Economic Development Corporation (PAEDC) and Golden Shovel Agency, LLC have executed this Agreement on the dates set forth below, to be effective as of the day and year first set forth above. Port Arthur Economic Development Golden Shovel Agency, LLC Corporation (PAEDC) By By Its Its Date: Date: