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HomeMy WebLinkAboutCIVILPLUS .., ,,-- . CONTRACT ADDENDUM THIS CONTRACT ADDENDUM is agreed to on MAY S ,2009, between Icon Enterprises D/B/A CivicPlus (Developer), with its principal place of business located at 317 Houston, Suite E, Manhattan, Kansas 66502, and Augusta, Georgia (Client), a political subdivision of the State of Georgia, with its place of business at 530 Greene Street, Augusta GA U.S.A., 30901, and shall be effective as of "^"Y .s ,2009. RECITALS WHEREAS, Developer is engaged in the business of web application and site development and customization, WHEREAS, Client is currently engaged in a relationship with Developer for development of a website and associated applications to be designed and built by Developer, WHEREAS, Client and Developer have agreed to alter certain terms as set forth in the original contract. NOW, THEREFORE, Developer and Client agree as follows: 1. Scope of Services Upon agreement to this contract addendum, Client agrees that Developer will host Client's website as opposed to the original contractual agreement stating that Client would host the website. Website hosting will henceforth be carried out at Developer's dedicated hosting facility. Client will have both web server and SQL database server space allotted for the hosting and maintenance of the new website at Developer's dedicated hosting facility. 2. Terms 2.1 Developer employs numerous standard methods to protect against intrusion, including hardware-based and software-based methods. Developer uses ASA routing technology with firewalls in order to protect ports against unwanted intrusions, and the Content Management System's code uses stored procedures to protect against SQL injections and other common forms of hacking. Additionally, Developer employs other methods to offer protection against phishing attacks such as cross site scripting and automated spamming techniques by using hidden CAPTCHAs and other SP AM-blocking tools. 2.2 Developer is capable and willing to transfer any Secure Socket Layer (SSL) certificates currently active on Client's website if portions of the Developer-created site require this form of security. Additionally, Developer is able to purchase one or more certificates for Client if required for the implementation of the new website. ,- . 2.3 Developer enforces no strict limits on bandwidth usage by Client; however, if Client intends to use the Developer-created and hosted website for the purposes of bandwidth- heavy operations such as streaming video, streaming audio, live camera feeds, etc., Developer requests that arrangements be made between Client and Developer to use a third-party source optimized for hosting and streaming of these types of media. Normal operation of the web site and reasonable but limited hosting and streaming of media files will not affect Developer's bandwidth. Through monitoring measures taking place at Developer's hosting facility, Developer will inform Client when bandwidth usage may require alternative arrangements. 2.4 Developer has agreed to complete Client's content for the site over the contracted limit of 540 pages so that the site is complete by Go Live. In turn, Client contacts Mike Blanchard and Kelli Walker have agreed to allow the Developer's Content Development team to layout the site to reflect Developer's standard practices and procedures, and to break up any lengthy pages into separate pages. Exceptions to this agreement will be when a department is adamant that its pages retain the same content setup on the page as it is on the current Client site. 2.5 As a part of the agreement between Developer and Client to host the newly created website at Developer's dedicated hosting facility, Client will receive the Citizen Request Tracker (CRT) module and administrative rights for up to five users. The CRT module will be activated with no additional setup charge to Client, and Client may have up to five administrative users for no additional monthly charge. If Client desires more than five administrative users, additional recurring fees will apply. Training on the CRT module is not included in the offer; training is available at a minimum of $500 for phone-based training, and on-site training is recommended for multiple users. 2.6 Developer recognizes Client's original desire to host the web site and Content Management System on Client's server(s). Developer firmly believes that hosting at Developer's dedicated hosting facility will prove to be a superior option given the advantages that Developer's on-site hosting facility will provide; however, if Client is dissatisfied with the performance of the site and expresses a future desire to host the site and Content Management System remotely, Developer will transfer the site to Client's server(s) at no additional cost and within 30 days of finalization of the change order. In case of a change of hosting location, Client will be responsible for creating and maintaining an adequate hosting environment that meets the parameters set forth by Developer as required by Developer's software. 2.7 Developer and Client mutually agree that the Intranet module, which was originally contracted for purchase, can be replaced with the Archive Center at no cost or penalty to the Client. 3. Force Majeure , . Neither party will be held responsible for any delay or failure in performance of any part of this contract addendum to the extent that such delay is caused by events or circumstances beyond the delayed party's reasonable control. 4. Contract Procedure This addendum is considered an extension of the original contract between Developer and Client, and all provisions of the original contract shall be preserved in their entirety, except where changes are specifically addressed in this addendum. 5. Entire Agreement This Agreement, together with any attachments referred to herein, constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the modification subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives. Developer: Icon Enterprises D/B/A CivicPlus Signatur Client: Augusta, GA Signature: By: Title: Mayor Attest ~ . ;,; /' SIgnature: L __ _n~ Title: Clerk of Commission ~. - ,f' \l \J) '\ ~