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Home My WebLink AboutPR 19231: A NEW PAEDC WEBSITE TO CORNERSTONE AD & DESIGN tzty oIort tCur Irofflce Mem, ; Mayor, City Council, City Manager Prom: Floyd Batiste bate: December 4, 2015 P. R. No. 19231; Council Meeting on January 12, 2016 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A CONTRACT FOR THE DESIGN AND DEVELOPMENT OF A NEW PAEDC WEBSITE TO CORNERSTONE AD & DESIGN OF BEAUMONT, TEXAS WITH A PROJECTED BUDGETARY IMPACT OF $20,000 P.R. No. 19231 11/23/2015 RL RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A CONTRACT FOR THE DESIGN AND DEVELOPMENT OF A NEW PAEDC WEBSITE TO CORNERSTONE AD& DESIGN OF BEAUMONT,TEXAS WITH A PROJECTED BUDGETARY IMPACT OF $20,000.00 ACCT NO. 120-1429-582.59-06 WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation (PAEDC) desires to continue to advertise Port Arthur as a place to do business locally, regionally, and globally; and WHEREAS, at its annual/regular board meeting on November 2, 2015 the PAEDC Board of Directors agreed to accept the proposal for the design and development of a new EDC website utilizing Cornerstone Ad & Design; and WHEREAS, the cost to develop and design the new EDC website will not exceed the amount of $20,000, see Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council authorizes the PAEDC to enter into a contract with Cornerstone Ad & Design to design and develop a new PAEDC website with a projected budgetary impact of $20,000, in substantially the same form as attached as Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2016, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers , , NOES: . Debris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: YeCe, .4ee Floyd Batiste, PAEDC CEO APPRO , S (I FORM: ► ,, Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: .\. ::(2._j - U Valecia R. Tizeno, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: I.. Jer , CPA/GFOA, Interim Director of Finance Taal b EXHIBIT A We Build Websites That Work (For You.) -- 1ORNERSTONE ADVERTISING & DESIGN Project proposal: Economic Development Website Client: Port Arthur Economic Development Corporation Delivered on:October 14,2015 Submitted by:Jason Spencer OVERVIEW AND GOALS Dear Ralloda, We appreciate the opportunity to submit our proposal for your new website project. Having worked with you over the course of the last year,we are keenly aware of the issues you faced with the last website redesign project and the absolute necessity to get it right with this one. Rest assured that our team will be available to you during the design phase,as well as provide you with prompt,local support for many years to come after the website has launched. Cornerstone has been in the local advertising and design industry for over thirty years. Our purpose and reputation have been built upon our ability to see our clients through to the achievement of their marketing goals. If you were to ask any of our clients,you'd find that we are readily available and uncompromisingly accommodating. Every web project is different,having a unique set of goals and challenges. Having this understanding allows us to approach each project with a critical eye,seeking out the best solution to each problem while staying on budget. We understand that Port Artur EDC's website is not like every other client we have built websites for. We strive to get it right the first time by listening intently to your needs and assembling all the pieces into a picture that fulfills your objectives. We feel that we have addressed each piece of your request for proposal but if you need additional insight,we will be glad to provide it. Best regards, Jason Spencer Director of Web Services Cornerstone Advertising&Design Page 1 • AM lour Logo nneua 9+o* Contact r ,t, GOOD DESIGN IS GOOD BUSINESS .net.rn:errfl adlpv^S c+,t.ut ullrlYes sayitth maq as-rmnMa e nr cr:,r-.>..:;.r e.�,,:arca,mr,aw,.n.,,ta ws,m ryntrta rawdw art w.cxw ar me.f.xx. mmemo 'ism.... all rw,:..w +...�_ tcEais40JotelRAl GOOD DESIGN IS GOOD BUSINESS WNW WHAT WE OFFER rM,h*7w.'),wrrlyxr9 NA.IN W"rtwatr.9tr'fr nr9n>s rwrem-.e ttr`YH r.. hNaWaewasl{nnm tWMin lnrt+vnnnl{wm,s ae uttkN w„.. A MIME 1111EME=11 mem tP M mo t. 4111K0 WHY VSE CORNERSTONE? Cornerstone Advertising&Design has been in business for 30 years,during which time we've maintained a steady growth for our company and,more importantly,for our clients! How have we done that,even through some of the toughest times in recent history? One word:TRUST. Our clients know they can trust us with their companies. We have 25 people on staff between our two offices in Beaumont and Lake Charles. As a client of Cornerstone,you'll be able to utilize our in-house departments which include: Creative Services, Copywriting,Video Production,Graphic Design,Web Development and Traditional Media Buying and Digital Advertising services. A few things that set us apart in the media buying world are that we subscribe and use Nielsen,Arbitron and are the only local Certified Google Partner in the Golden Triangle and the Lake Charles areas. Our clients love the fact that we're local and take care of them when they need us. °11P4'. 0 Page 2 , . YOUR WEI3 TEAM - .. . ,,,, , ., ,,, y,,,,,k,__ ,, ,,,..::,-,, ,. {.„,,,,:,,,„-. , . , ,-i&m,.,,,....., .. W, - _ ,.� _ „Ac-...... 4, , v �Y pt � SUSIE FONTENOT EVAN WILSON JASON SPENCER Account Executive Project Support Web Developer I SEM With over twenty years in the Evan Graduated from Lamar Started in web design in 1997 media and marketing field and University with a Bachelors in and never looked back. Jason is eight at Cornerstone,she is Science of Communications. responsible for the management responsible for coordinating the Creative direction,illustration of WEB and SEM projects from advertising and marketing and project management are his the initial meeting until the projects of her clients. main areas of expertise. project launch date. ...... x _ y ..„ s, • c ir uJ TIM BOLLMAN ANDREW CHASE CHAD ILLA-PETERSEN Web Developer I CSS Ninja Web Developer I SEM Digital Marketing Specialist With a work ethic like a Currently a full-time MIS major at Keeping your brand in the palm of grindstone,Tim is a website Lamar University Beaumont,we your customer's hand is Chad's workhorse. Although he likes to only get Andrew part time. When forte. Constantly creating seem unaffected when being he is here he focuses his attention engaging mobile-optimized photographed,Tim's laugh is on our growing list of Google content while mastering the ever frequently heard and instantly AdWords clients,email changing world of social media recognizable as it bounces off the marketing and an ever growing marketing requires a herculean upstairs office walls daily. list of website update requests. effort but he loves this stuff! Page 3 SCORE OF SERVICES Research The first step is we need to thoroughly understand your business,your goals,your customers and their expectations and behavior,and how your website factors into all of it.We'll also look at the competitive landscape to establish context and benchmarks for how your site should function and then improve on that.This stage will give us the foundation for moving forward with just the right recommendations for the design and development of your new responsive website. Much of this phase has already been done but if awarded the contract,we will need to get more specific with the project research. Design Once we're armed with this information,we'll set to work on the interface layouts for 3-5 different views,including the home page,sub page,the blog template,and any additional templates needed. We call these graphic comps and they show what the final designs will look like on the web,providing one round of revisions on the design. Keep in mind that at this stage,there are limitations to design aspects due to the modular and mobile-responsive nature of content management systems... remember that we are not designing for desktop only,we're thinking of phones,tablets and laptops too! Development Once you've approved the design,we'll start building them using HTML,CSS,and scripting necessary to bring your website to life. Content Management System Integration After testing the static layouts,we integrate the new designs into your very own custom theme.To do this we'll setup your new website in a development environment,then we will test the site across different browsers(Firefox,Chrome,Safari,Internet Explorer 9+)and devices(iPhone,Android).Any bugs that arise from this testing will be fixed prior to launch. Search Engine Optimization (SEO) Throughout the design process,we're focused on the balance between great readable content focused toward the human reader and our ability to get you the highest possible ranking on search engines for your primary key words and key phrases. We review your content,images and other required elements,make changes if necessary and prepare your content for indexing by the search engines. Page 4 Google Integration Once the website is live,we're going to introduce your website to the search engines.We also setup a Google Account and make sure that your Google MyBusiness,Google+,Google Analytics,Google Webmaster Tools and YouTube pages are all setup properly and verified.You'll receive monthly analytics reports that will help to identify trends in traffic to your website. Training You'll get two hours of remote training so you and your key staff will have total control of your website. Feel free to break up the training into two or more sessions. Our training is done using GoToMeeting.com so that the trainees are in their native work environment. This increases retention greatly,reducing mistakes and the need for additional training. Ongoing Support After receiving your training,you'll be able to handle all maintenance tasks to your website. At some point you may need added functionality that requires an advanced user. For those situations,feel free to call our helpful web services department. Let us know what you need help with and we'll let you know if we think that there will be any fees involved due to time investments. If it looks like we'll need to invest some time into your new project,we'll write up a new estimate and get it agreed before proceeding. You should find our staff very agreeable and affordable. In most cases,clients call with simple issues that can be addressed and completed within a few minutes. For these types of scenarios,we usually don't charge anything at all! Page 5 � �. C ....ro.w....,.r.u..«. :...17.2, #p ...: .. az . rzionsi istim I lei_ of ,....„i I s t ,, 1 ... .. ... .. i,.. �. .. r.... > . nom,.... e.:" '1 ,, i-...--?..: ''1%.-..:-:•: = -. G-• - l . 0, 100.. IYrGar. a Ill as.i®00x0 srwPew s , , * ` ♦ yJynpP•awwexa ! ial.N. ir♦I! NOT I aaaa ! . wr Interactive Mapping Tool We will utilize the expertise of Zoom Prospector and GIS Planning. See attached quotes for two options that will integrate with your Wordpress Content Management System. The Enterprise options include the following features: 1. Property Database: A searchable online database of available land and buildings based on user-defined criteria. 2. Demographic Analysis: Generate user-defined drive-time and radius analysis for a complete overview of the surrounding areas around each property. 3. Search by Businesses: Search businesses by name,type,number of employees and annual revenue. 4. Housing/Segmentation Data: Show your residential snapshot using this new tool. S. Widget: Free for community partners to drive traffic to your website.Attract more qualified leads with this easily embeddable search tool on your home page(or anywhere else on a website),allowing users to search sites,building and/or communities and be directed to search results on your application. 6. Property Reports: Generate presentation-quality property reports for available properties. Page 6 7. Demographic Reports: Save and share demographic,consumer expenditure and business and workforce reports within a user-defined distance from a selected property.*Updated twice annually,we are the only GIS Provider to update more than once a year. 8. Business Reports: Analyze businesses within a user-entered radius of the site of interest to view potential suppliers and competitors.*Updated four times annually,we are the only GIS provider to update more than once a year. 9. Save Reports:Save user-defined property,demographic and business reports in one location for further analysis and distribution. 10. Thematic Mapping: A visual display(also known as a"heat map")of 752 new specific demographic variables by geography,allowing a visitor to identify optimal business locations, which can be geographically understood in one glance.We are the only leading provider to offer more than 17 thematic map options. 11. Map Legend Display: A map legend describing graphic elements shown on the map interface. 12. Analysis Reports: Capability to download/save/email/share reports in Word,Excel and Adobe Acrobat or through social media for further analysis and for presentations. 13. Property Owner&Real Estate Broker Property Listing Web Page: Password protected system for brokers to add,delete and update properties through a user-friendly web site. 14. Options for property imports: We can connect to one source for property imports(such as large broker firms or MLS service).Multiple connections are also available for additional charge.(Note that some data sources may levy their own charges for this service. 15. Staff Administration Web Page: Update and maintain property information. 16. Website Analytics: Track the specific interests of website visitors with quantifiable metrics. 17. Priority Listing on ZoomProspector.corrl: Our clients' listed properties get priority rankings on our national site selection portal. This site is data-rich, with over 752 data variables. MiamiDadeSites.com ensures that critical data about our community is readily available to anyone who needs it. More importantly, through this site we can tell the story of our community 24 hours a day, 7 days a week. Miami Mayor Carlos A. Gimenez Page 7 , . TIMEFRAME To complete the work outlined in the project scope, we'll need approximately 12 weeks from beginning to end, depending on when we receive feedback at each milestone. Upon signing the proposal we are prepared to start work immediately. Advanced Research 1-2 Present finished mockups 3-5 Code HTML/CSS templates 6-7 Wordpress Theme Integration 8-9 QA Testing and Review 10-11 Deployment to live site 12 Page 8 Featured Case Study Beaumont Housing Authority a.• 6 O p ill �,_....,.. W.-. ao ftomoopowoolsoo PROJECT GOALS OUR SOLUTION RESULTS They needed a website that would We redesigned the website in an We're going on a year now and so be simpler to navigate than their old open source CMS and simplified far,the client is loving the new website. They needed to reduce the menu merging pages where system. There have been a few clutter and minimize the effort of possible. We tried to limit the minor tweaks to the forms system the staff and the end user. They number of things on any one page but nothing major. Considering needed to be able to edit the site and funnel users into broader that bringing the housing forms easily with varying levels of user categories where they would into the website is saving BHA authority. They also wanted to take immediately see the option they hundreds of dollars per month, all their housing forms into their are looking for within one or two and their enormous mobile own website and integrate it with clicks. For the forms,we created a viewing population can now see their housing database. They series of conditional forms and the website properly in Spanish or wanted to explore the possibility of collaborated with their database Vietnamese,we would say that providing translations for the developer to make the data import the new website has been a Spanish speaking community as process easy and secure. We tremendous success for our local well. They wanted the website to added Spanish translation and for a housing authority! be visually appealing and mobile- bonus,threw in Vietnamese! responsive. Page 9 WHAT PEOPLE ARE SAYING We had an enjoyable experience working with Cornerstone on our All Saints Episcopal School television commercials. They took time to understand our objectives and as a result, created a campaign that delivered our expectations. The video was exceptional and their attention to detail helped us convey the professional product we aim to deliver. Suzanne Wol from All Saints Episcopal School Cornerstone has been great to work with on our web site development project! We had some general ideas in mind for the site, and after a couple of meetings, they had come up with a design that suited our organization perfectly. We are very excited about our new site, how great it looks, and the potential for showcasing our exhibits and tours. Carol Cuccio McFaddin-Ward House Museum Two and a half years ago Cornerstone worked with Anayat House to produce a new promotional video. You and your staff were so professional, meeting with us in advance to discuss what exactly we were looking for and what we hoped to gain in the process. You all worked very patiently with us to arrange for clients to be scheduled and interviewed. Pat Coldewey Anayat House Page 10 , . DESIGN + DEV EXAMPLES Here are some other local websites we've done. Bill Clark Pest Control http://billclarkbugsperts.com/ Cater To You http://catertoyoutx.com Tolunay Wong Engineers http://tweinc.com Crimestoppers of Southeast Texas http://833tips.com Rock Creek Ranch http://rcrtexas.com BEST Fire Academy http://bestcomplex.com Albanese Cormier Holdings http://albanesecormier.com Beaumont Housing http://bmtha.org Market Basket Foods http://marketbasketfoods.com REFERENCES 1. Barry Bryant I Bill Clark Pest Control I Marketing Manager 1409-898-3224 bbryant@billclarkbugsperts.com 2. Brad Irving I Jay's Landscape&Design1Owner1409-838-52971brad@jayslandscage.biz 3. Kayla Fisher I Cater To YoulOwner1409-719-60531kayla@ctytx.com KEY DIFFERENCES We feel that our main key difference is our quality service and personal attention that we give to all our clients and any of their projects we are working on.We are a local agency that is available for any concern or question you may have,but also have big city knowledge and experience.We are very detailed in our proposals and involve the client in all phases of our projects,with client approvals through each stage of every project.We feel that the length of time we have kept most of our clients speaks to our dedication to their success.We are always striving to improve our knowledge and service. Page 11 YOUR INVESTMENT Below is the budget we've estimated based on the scope of services outlined earlier in this proposal. If you have any questions about our pricing or need to increase or decrease the scope of work,please leave a comment and let us know. WED SERVICES ESTIMATE Description Price Website Design $3,675 Initial SEO $225 Search engine optimization High-Quality Stock Photography $300 This will be needed in various places throughout the website. Monthly Website Backups,Database Backups&Software Updates $300 Renews yearly on the anniversary of your website launch. Long-Format Video $4,000 5 minute video @$800 per finished minute. Edited for web use. This project will be managed by the production department. f Zoom Prospector Enterprise Web Services(Annual Renewal) $18,000 GisPlanning Premium Interactive Map with Demographics&Statistics See two attached price quotes from GisPlanning. Cornerstone will not actually bill or collect fees on behalf of GisPlanning. Zoom Prospector Local Edition(Annual Renewal) $10,000 GisPlanning Interactive Map with Demographics&Statistics See two attached price quotes from GisPlanning.Cornerstone will not actually bill or collect fees on behalf of GisPlanning. Page 12 STATEMENT OF WORK & CONTRACT Date:October 14,2015 Between"us",Cornerstone Advertising&Design,and "you",Port Arthur Economic Development Corporation You Port Arthur Economic Development Corporation,located at are hiring Cornerstone Advertising &Design located at 1640 N. Major Drive Beaumont,Texas to design and develop a web site for the estimated total price of$8,500.00 as outlined in our previous correspondence. 1.0 Services Rendered DESIGN We create look-and-feel designs,and flexible layouts that adapt to the capabilities of many devices and screen sizes.We create designs iteratively and use predominantly HTML and CSS so we won't waste time mocking up every template as a static visual.We may use static visuals to indicate a look- and-feel direction(color,texture and typography.) You'll have the opportunity to review our work and provide feedback. If,at any stage,you're not happy with the direction our work is taking,you will pay us in full for everything we've produced up to that that point and then cancel this contract. TEXT CONTENT Writing or inputting any text copy is not included in this contract. If you'd like us to write new content or input text for you,we're happy to provide a separate estimate for that. PHOTOGRAPHS You have up to 15 professional photographs from http://ShutterStock.com. Feel free to supply us with the image ID for any specific images you would like to use and tell us where you want the photo to go. If you want to use custom graphics,you'll need to supply graphic files to us in the highest resolution possible.Photographs must be in a high resolution digital format. HTML, CSS AND JAVASCRIPT We deliver templates developed from HTML5 markup,CSS2.1+3 style sheets for styling and unobtrusive Javascript for feature detection,poly-fills and behavior. Page 13 • BROWSER TESTING Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens.It does mean ensuring that a person's experience of a design should be appropriate to the capabilities of a browser or device. MOBILE BROWSER TESTING Testing popular small-screen devices is essential in ensuring that a person's experience of a design is appropriate to the capabilities of the device they're using.We currently don't test Blackberry OS or Blackberry QNX,Opera Mobile,Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that. CHANGES AND REVISIONS We know from experience that fixed-price contracts are rarely beneficial to you,as they often limit you to your earliest ideas.We don't want to limit your ability to change your mind or make decisions later when you might be better informed. The price at the beginning of this contract is based on the length of time we estimate we'll need to accomplish everything you've told us you want to achieve, but we're happy to be flexible.If you want to change your mind or add anything new,that won't be a problem as we'll provide a separate estimate for to cover the additional work. ERRORS We can't guarantee that our work will be error-free(we're human!)so we can't be liable to you or any third-party for damages,including lost profits,lost savings or other incidental,consequential or special damages,even if you've advised us of them. 2.0 Mutual Cooperation We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above.You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work. 3.0 Charges for Services Performed 3.1 Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Cornerstone Advertising&Design. 11.0 Terms of Payment ki BILLING SCHEDULE Page 14 We're sure you understand how important it is as a small business that you pay the invoices that we send you promptly.We're also sure you'll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule. The total budget for this project:$8,500.00 Cornerstone Advertising&Design will invoice Port Arthur Economic Development Corporation for fifty per cent(50%)of the initial fees at point of this signed contract agreement which will act as the deposit.The remaining 50%will be billed within 120 days or when the project is launched,whichever is sooner. Port Arthur Economic Development Corporation will supply Cornerstone Advertising&Design with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work(if applicable). y.3 CLIENT AGREEMENT TO PAY You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 15 day payment terms. In the event payment is not made within 15 days, Cornerstone Advertising&Design will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute,to cover the manpower,interest,and other costs Cornerstone Advertising&Design pays for carrying overdue invoices from Port Arthur Economic Development Corporation. In addition,Cornerstone Advertising&Design reserves the right to stop work until payment is received. 4.N COLLECTION COSTS In the event that we incur legal fees,costs and disbursements in an effort to collect our invoices,in addition to interest on the unpaid balance,you agree to reimburse us for these expenses. 5.0 Cancellation of Plans You have the right to modify,reject,cancel or stop any and all plans or work in process. However,you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions,and which relate to non-cancelable commitments,and to defend,indemnify and hold us harmless for any liability relating to such action.We agree to use our best efforts to minimize such costs and expenses. 6.0 Responsibilities of Cornerstone Advertising & Design and Port Arthur Economic Development Corporation 6.1 CORNERSTONE ADVERTISING & DESIGN'S RESPONSIBILITY FOR RELEASES Page 15 We shall obtain releases,licenses,permits or other authorization to use testimonials,copyrighted materials,photographs,art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable). 6.2 CLIENT RESPONSIBILITY FOR RELEASES You guarantee that all elements of text,images,or other artwork you provide are either owned by your good selves,or that you have permission to use them. Then when your final payment has cleared,copyright will be automatically assigned as follows: You'll own the visual elements that we create for this project. Upon request,we'll give you source files and finished files and you should keep them somewhere safe as we're not required to keep a copy.You own all elements of text,images and data you provided,unless someone else owns them. You will also own the unique combination of these elements that constitutes a complete design. 6.3 CLIENT RESPONSIBILITY FOR ACCURACY You shall be responsible for the accuracy,completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement. 7.0 Confidentiality Cornerstone Advertising&Design acknowledges its responsibility,both during and after the term of its appointment,to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Cornerstone Advertising&Design on behalf of Port Arthur Economic Development Corporation or disclosed by Port Arthur Economic Development Corporation to Cornerstone Advertising&Design. 8.0 Term and Termination 8.1 Period of Agreement and Notice of Termination This Agreement shall become effective as of DATE HERE and shall continue until terminated by either party upon not less than 60 days'notice in writing given by either party to the other. 8.2 TERMINATION FOR CAUSE Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30)days of the receipt of notice of said default,or if the default is not reasonably curable within said period of time,unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default. Page 16 In addition,either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction,if the other party makes an assignment for the benefit of creditors,if a trustee,or similar agent is appointed with respect to any property or business of the other party,or in the case of the Client,if the Client materially breaches its obligations to make payment pursuant to this Agreement. 8.3 PAYMENT FOR NON-CANCELABLE MATERIALS? Any non-cancelable materials,services,etc.,we have properly committed ourselves to purchase for your account,(either specifically or as part of a plan such as modules,photography and/or external services)shall be paid for by you,in accordance with the provisions of this Agreement.We agree to use our best efforts to minimize such liabilities immediately upon written notification from you.We will provide written proof,upon request of the Port Arthur Economic Development Corporation,that any such materials and services,are non cancelable. 8.4 MATERIALS UNPAID FOR If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full,until such time as you have paid us in full you agree not to use any such materials,in whole or in part,or the product of such services. 8.5 TRANSFER OF MATERIALS Upon termination of this agreement,provided that there is no outstanding indebtedness then owing by Port Arthur Economic Development Corporation to Cornerstone Advertising&Design, Cornerstone Advertising&Design shall transfer,assign and make available to Port Arthur Economic Development Corporation all property and materials in its possession or control belonging to Port Arthur Economic Development Corporation.Port Arthur Economic Development Corporation agrees to pay for all costs associated with the transfer of materials. 9.0 General Provisions 9.1 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Texas. 9.2 REPRESENTATIONS AND WARRANTIES The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations here under without violating the legal or equitable rights of any third party. 9.3 ENTIRE AGREEMENT Page 17 Except as otherwise set forth or referred to in this Agreement,this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions,agreements and understandings of every kind and nature between them as to such subject matter. 9.y SEVERABILITY If any provision of this Agreement is held to be illegal,invalid,or unenforceable under any present or future law,then that provision will be fully severable.In such instance,this Agreement will be construed and enforced as if the illegal,invalid,or unenforceable provision had never comprised a part of this Agreement,and the remaining provisions of this Agreement will remain in full force and effect. Ralloda McClain-Lee, to accept this contract, click the Accept button and sign at the prompt. You will be emailed a copy for your records Page 18 NEXT STEPS 1. Please read the contract on the previous page to make sure you understand all the details involved with us working together.It's really important to us that everything is transparent and understood from the beginning so that we lay a solid foundation for a great working relationship. 2. Please review the attached Long Format Video Quote and two GisPlanning Quotes. 3. If you have any questions at all,please let us know.We're happy to clarify any points and there may be some items that we can sort out together.We're committed to finding the best way to work together. 4. Once you feel confident about everything and are ready to move forward,please click the 'sign here' button below. 5. Sign in the box that pops up to make the acceptance official. 6. Once we receive notification of your acceptance,we'll contact you shortly to sort out next steps and get the project rolling. 7. We'll email you a separate copy of the signed contract for your records. 8. If you'd like to speak to us by phone,don't hesitate to call 409-866-4804 ext 111 Jason Spencer Director of Web Services l Ralloda McClain-Lee Port Arthur Economic Development Corporation Page 19