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HomeMy WebLinkAboutPR 11754: WEB SITE SERVICES Memorandum City of Port Arthur, Texas Finance Department To: From: Date: Subject: Steve Fitzgibbons, Rebecca Underhill, I~..~'-F~[nce April 18, 2002 Proposed Resolution 11754 RECOMMENDATION I recommend that the City Council adopt Resolution 11754 which authorizes an agreement with Go! Web Systems Corporation for web site development services. BACKGROUND The City wants to create a new, expanded web site. The Chamber of Commerce solicited proposals and contracted with Go! Web Systems Corporation to develop a new site for the Chamber. We then asked the firm to propose a contract for a City site. Under the terms of the contract, Go! Web Systems will develop an expanded site which will provide a variety of information on the City and it's services. The cost for the initial development is $4,900. The City will also purchase the optional one year site maintenance at a cost of $2,250. There will also be a hosting fee of $50 per month. BUDGETARY/FISCAL EFFECT Funds are available in the finance department budget account 001-I 031-515.56-00. P. R. NO. 11754 JJA 4/18/02 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GO! WEB SYSTEMS, CORP. FOR WEB SITE DEVELOPMENT SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City &Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur an agreement between the city and Go! Web Systems Corp. Web Site Development Services as described in Exhibit "A"; and THAT, by signature of this resolution, the parties agree to the procedures as outlined in Exhibit "A"; and THAT, a copy o£the caption &this resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of April, 2002, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: ATTEST: Mayor Jan Stroder, Acting City Secretary APPROVED AS TO FORM: Mark Sokolow, City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager Rebecca Underhill, Finance Director z/jennifer/office/resolutions/web site developemnt AGREEMENT FOR SERVICES Exhibit 1 This is an AGREEMENT FOR SERVICES made between Go! Web Systems at 595 Orleans Street, Suite 810, Beaumont Texas 77701 (hereafter "the Contractor") and its client, The City of Port Arthur Texas ("the Client"), for web-site development services performed by the Contractor. In consideration for payments to be paid by the Client for work to be performed, this Agreement merely memorializes the expressed intent of the Client to induce the Contractor to pr6vide Website Development Software Services to the Client. Intending to be legally bound, the parties agree as follows: Scope of Agreement and Limitation of Authority: (A) The Contractor is an information technology firm engaged in providing web site development services. (B) The purpose of this Agreement is for the Client to induce the Contractor to provide Website Development Software Services to the Client, and to provide the Client a license to use this Software. Term, Duties of the Contractor, and Fees: (A) This agreement shall commence on the date of receipt of a 50% deposit for Total Cost of Services and in conjunction with the date this Agreement is executed by both parties as indicated on this Agreement. It shall conclude when all services have been rendered and all fees are paid. 03) All information obtained by the Contractor or any representative of the Contractor during the lifetime of this Agreement that pertains to the Client, its staff or associates will be treated as confidential. The Contractor shall not represent itself as being a salaried employee of the Client, and may subcontract any of its duties under this Agreement without the consent of the Client, providing the work performed is of the same quality that the Contractor would perform itself. (C) All sums due and to become payable are payable at Post Office Box 2908, Beaumont TX 77704. (D) All fees are non-refundable. 03) Project shall be completed within a maximum of 60 days from the date the Client and the Contractor complete their preliminary planning sessions and the Contractor has in its possession all materials to be included in the Software Product. The Client shall make all reasonable efforts to provide the Contractor with all relevant material that the Contractor requires to complete the project within 15 days of the end of the preliminary planning sessions with the Client. In the event that the Client cannot meet this 15-day timeline, the Contractor will be granted two additional business days (in addition to the 60 days) for each day that the Client is "past-due" so that the Contractor may reasonably meet its obligations to the Client. (F) The Client agrees to make final payment to the Contractor for the balance due upon approving the final rendered version of the Software Product. The Client will pay the final balance in full within twenty-four hours of the Software Product being taken live. The Client will have the ability to view ~a secured and live version of each stage of the development phase of the Software Product as it is being developed as provided for in "Attached A". Termination of Agreement: (A) Either party to this Agreement may terminate said Agreement by giving the other party (30) thirty days written notice. Termination may be by agreement, upon 30 days written notice, or on the breach of this Agreement by the Contractor or Client. The breach of this Agreement includes, but is not limited to, the making of a misrepresentation or false statement by the Contractor or Client, nonperformance of the Contractor's duties, or the occurrence of a conflict of interest between the Contractor and the Client. Corporate Authority: If any party to this Agreement is a legal entity (partnership, corporation and/or trust), that party represents to the other, party that this Agreement, the transaction contemplated in this Agreement, and its execution and delivery, have been duly authorized by all necessary partnership, corporate, or trust proceedings and actions, including without limitation action on the part of the directors if the party is a corporation. Confidential Information: Neither party shall use, or disclose to any person, either during the term or after the termination of this Agreement, any source or object codes, technical data, correspondence, or any other information or materials owned or provided by the other party hereunder (collectively, "Confidential Information"), except for purposes consistent with the administration and performance of a party's obligations hereunder, or as required by law. The obligation of the parties not to disclose information shall not apply to information which was already in the public domain, or in the rightful possession of the other party at the time of its disclosure, or which is disclosed as a matter of right by a third party after the execution of this Agreement, or ~vhich passes into the public domain by acts other than the unauthorized acts of the other party. Within ten (10) days of the termination of this Agreement, each party shall retum all originals and copies thereof of any requested Confidential Information originally disclosed by the other party, which Confidential Information has been fixed in any tangible means of expression. Each party acknowledges that monetary damages would not be an adequate remedy for breach of this Section 6, and that its breach of such Section will result in immeasurable and irreparable harm to the other party. Therefore, in addition to any other remedy to which it may be entitled by reason of the other party's breach of this Section 6, the moving party shall be entitled to temporary, preliminary and permanent injunctive relief from any court of competent jurisdiction restraining the other party from committing or continuing any breach of any provision of this Section 6. This Section 6 shall survive any termination of this Agreement. Intellectual Property: Go! Web Systems may deem it necessary, in the course of performing the Services, to use certain Go! Web Systems proprietary software (in object code and source code form), script, programming code, data, information or HTML script and accompanying documentation. Go! Web Systems or its suppliers own and forever own such software and documentation and any trade secrets, know-how, methodologies, and 6.1 processes related to Go! Web Systems' products or services, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant to (collectively, "Go! Web Systems Materials"), and Go! Web Systems or its suppliers retain all rights, title and interest therein. The Client shall not license, reverse engineer, decompile or disassemble any Go! Web Systems Materials, nor shall Client use or copy any Go! Web Systems Materials or documentation except as explicitly provided in this Agreement or in a separate agreement between the parties. The Client shall restrict the access of its employees and agents to Go! Web Systems Materials to those who require access in order to accomplish the Services. Such Materials, copies of such Materials and any information gained by use of such Materials shall be treated as Confidential Information under'this Agreement. To the extent, if any, that ownership of Go! Web Systems Materials does not automatically vest in Go! Web Systems by virtue of this Agreement or otherwise, the Client hereby transfers and assigns to Go! Web Systems all rights, title, and interest that the Client may have in and to the Go! Web Systems Materials. The Copyright of the images, physical layout, theme, the "feel" and "visual look" of the Front-End version of the Software Product will automatically vest in the Client, conditioned upon payment in full for all services rendered. NOTICE SPECIFIC TO SOFTWARE Any software that is made available to the Client ("Software") is the copyrighted work of Go! Web Systems and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement ("EULA"). The Client will be able to use, modify, manipulate and be solely entitled to profit from the use of any Software that is accompanied by or includes a License Agreement. Any reproduction, redistribution, or resale of the Software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOiNG, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION FOR THE DEVELOPMENT OF ANY OTHER WEB-BASED APPLICATION OF ANY TYPE IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDiNG TO THE TERMS OF THE EULA. EXCEPT AS WARRANTED IN THE EULA, GO! WEB SYSTEMS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CLIENT IS NOT OBLIGATED TO HOST THIS SITE WITH GO! WEB SYSTEMS, AND UPON REQUEST, GO! WEB SYSTEMS WILL PROVIDE TO THE CLIENT A COPY OF THE SOURCE CODE AND THE DATABASE SO THAT THE CLIENT MAY HOST ITS SITE WITH ANY OTHER HOSTING PROVIDER, PROVIDING THAT THE CLIENT HAS FULLY MET ITS PAYMENT TERMS AS PROVIDED FOR IN THIS AGREEMENT. ALL WARRANTIES ARE IMMEDIATELY NULL AND VOID IF THE SOFTWARE PRODUCT IS NOT HOSTED ON WEB SERVERS MAINTAINED AND CONTROLLED BY GO! WEB SYSTEMS. GO! WEB SYSTEMS SHALL PROVIDE NO SUPPORT IN TRANSFERRING, TWEAKING OR MODIFYING THE SOFTWARE PRODUCT TO OPERATE ON WEB SERVERS NOT MAINTAINED OR CONTROLLED BY GO! WEB SYSTEMS. Manufacturer is Go! Web Systems, 595 Orleans Street, Suite 810, Beaumont, TX 77701. GOVERNING LAW; ATTORNEYS' FEES: This Agreement shall be construed and controlled by the laws of the State of Texas, and Recipient consents to the sole jurisdiction and venue in the federal courts sitting in Jefferson County, Texas, unless no federal subject matter jurisdiction exists, in which case Recipient consents to the jurisdiction and venue in the State Courts of Jefferson County, Texas. Recipient hereby waives all defenses of lack of personal jurisdiction and forum nonconveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either Contractor or Client employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. The provisions herein supersede any prior agreements and understanding between the parties relating to the subject matter addressed. TOTAL COST OF SERVICES: US $4,900.00 SIGNED, accepted and agreed to on this the __ day of ,2002, by the undersigned party who hereby acknowledges that he has read and understood this Agreement, and executed this legal document voluntary and of his own free will: BY: ' Go! Web Systems, Contractor Brian D Deorsam SIGNED, accepted and agreed to on this the __ day of ,2002, by the undersigned party who hereby acknowledges that she/he has read and understood this Agreement, and executed this legal document voluntary and of her/his own free will: BY: The City of Port Arthur, Texas, Client Steven Fitzgibbons or Authorized Representative Attached A Go! Web Systems will provide to the Client Website Development Software Services as stated below for the cost of $4,900.00. Additional work not provided for in this Agreement will be billed at our current hourly bill rate of $100.00 per hour: A newly manufactured website for The City of Port Arthur, pursuant to and providing the following features: 1. Provide City Government information. 2. Provide general information about the City. 3. Link to and utilize other developed community websites, such as the upcoming CVB and Chamber of Commerce sites. 4. Allow visitors to not only search and view current City job openings, but also allow them to apply and include their resume online. 5. Allow visitors to view current contract bids in PDF format, request park reservations, and perform tax abatement information requests. 6. Allow visitors to view "Adoptable Animals" in the shelter. Additionally, visitors could view lists and pictures of animals, found animals, as well as find informative content about the Shelter's policies, procedures, location and hours. 7. Link to current City Council meeting agendas. 8. Enable visitors to avoid trips to the DMV, court appearances and even stamps by paying their parking or speeding tickets online via credit card. Credit Card payments will be processed manually with the City's existing Merchant Account. 9. Allow visitors the ability to view contact information for City Officials or offices, such as the Mayor, City Manager, Water Utilities, Police, Fire, Housing, etc. 10. Correspond/Complain/Request a Service tools to communicate with the city government about what the visitor needs. 11. Utilize the Health Department's Services to request a birth or death certificate, or to request the latest health inspection information from a favorite restaurant. Visitor will be able to pay for these services online. Credit Card payments will be processed manually with the City's existing Merchant Account. 12. General tax information: We will compile a list of common questions and answers based on the many calls received from the public inquiring about their property and business taxes, parking tickets, and procedures in general. 13. Display all the upcoming and current improvements and businesses moving into Port Arthur over the past three years. 14. Allow for payment of water bills online by having the customer enter in their account number and the amount owed. Credit Card payments will be processed manually with the City's existing Merchant Account. 15. Enable citizens to have greater access to interact together and post their ideas in discussion/bulletin board forums on important topics such as Crime & Public Safety, Minority Issues, Disabilities, Health & Human Services, etc. 16. Post and make immediately available BID/RFP announcements. The City will upload and manage these announcements via PDF format through the website. Page size and structure will be optimized for a minimum of 800 x 600 resolution. The site will incorporate rollover effects on links. A search mechanism will be included in the site, which will perform a site search and a site map. All data submitted to the website will be retrieved by the City via email. The ability to download PDF files will be incorporated into the site. The ability to update and remove these PDF files will be user-manageable through a back-end management system. Code will be added to the web site so that the site will be optimized to appear higher in search engine listings than sites, which have not been optimized properly. The Client strictly understands that the Contractor makes no guarantee as to the placement of the web site in any search engine. The client understands that additional fees may need be paid to third-party advertising firms/"search engine companies" in order to affect the actual placement of the site in those search engines. The ability of the Client to retrieve orders through a back-end management will be included. The Client will physically process these credit cards and or checks through a Merchant Account to be established or which may be already established. The Client understands that third-party credit card processing and setup fees may apply in the event the Client wishes to process payments in real time on the Intemet. Additionally, the Contractor will charge the Client hourly in order to implement these real-time processing features into its existing Software Product (web site), should the City implement real time credit card processing. The Contractor is not responsible for "keying in" any existing lists or entries on printed or paper media. The Contractor will not be responsible for adding any new or updated entries of any type to the website once the obligations of this Agreement are fulfilled. [. We will make available to you tiers of contractual maintenance plans available by separate agreement only. You are not obligated to purchase these maintenance plans. The Contractor offers to the Client a maintenance plan pursuant to the following terms: 30 pre-pumhased hours, payable up front, in the amount of $2,250.00, would reduce our hourly rate to $75.00. This offer is valid for 60 (sixty) days from the date the site is taken live. The execution of this Agreement does not constitute acceptance of this offer. We will utilize the latest in electronic and physical security measures available to secure your site and the data contained within it. We will utilize both optical and magnetic backup systems to backup your site and its database. Backups are stored in secure storage both on-site and off- site. We will provide to you a password restricted "test version" of the site that may be viewed at all times during the development phase of the project. You will have the opportunity to view, test, approve or disapprove the software prior to its unrestricted public release. Web maintenance Our maintenance liability is strictly limited to maintaining our server equipment on which your site is hosted. We will provide to you a lifetime guarantee on all work performed. Changes to the web site, after this Agreement is fulfilled, are billed at our then-current hourly rate. Web hosting Cost of web hosting: $50.00 per month. This fee does not include streaming media, such as large video presentations. The Contractor will honor this hosting fee for a period of 24 months beginning after the first month of hosting. This fee includes unlimited e-mail accounts. We do not guarantee the availability of any actual username. Monthly activity reports will be provided on a requested basis. We will provide you with a report, upon your request, generated by WebTrends*. We will also provide FTP access to you to the raw log files, upon request. Log files are automatically deleted after a period of time, normally after six to eight weeks after they are generated. This may be sooner or later depending upon the actual traffic your site receives. The Client will be responsible for mainthining backups of the log files. *For an additional fee, we will analyze this report, at your request, and submit to you a written proposal based on our assessment. Security Certificates The Client agrees to utilize a Go! Web Systems owned 128-bit security certificate issued by a major issuer of digital trust services, such as Thawte or VeriSign. Go! Web Systems will waive any and all certificate setup fees for the first year. Our setup fee is currently $150.00. If the Client continues to use the security certificate after the first year, the Client agrees to pay the then current setup fee. The first year begins on the day Go! Web Systems' servers first host the Client's domain name. The Client may choose to purchase its own Security Certificate. Currently, Go! Web Systems charges an additional $25.00 hosting charge per month for this service and a setup fee of $150.00. You will incur additional third party charges for purchasing this certificate. So that we may timely meet our obligations to you, the Client, you will provide to Go! Web Systems in a reasonable period of time: A. All documents to be downloaded, especially all PDF documents. B. Most images of Port Arthur to be used in the site. C. Verbiage: Documents, brochures and other materials to be used as resources for the written content of the site. (These may be provided on printed media.) D. Any and all, but not limited to, materials, graphics or code that is to be incorporated into the site. All data including, but expressly not limited to, database entries / lists / names members to be inserted into the site's database will be presented to Go! Web Systems in the form of spreadsheets or databases. These files must be in a form such that Go! Web Systems is not required to "re-type" the information. We will not accept a "graphical" or "photographed" form of this data. END-USER LICENSE AGREEMENT ("EULA") This is a LICENSE AGREEMENT made between Go! Web Systems at 595 Orleans Street, Beaumont Texas 77701 and its successors (hereafter "the Licensor") and its client, The City of Port Arthur Texas ("the Client'), for Software Services performed by the Licensor. In consideration for payments to be paid by the Client for work to be performed, this License Agreement merely memorializes the expressed intent of the Licensor to grant to the Client a License Agreement for Software ("Soft~vare Product") expressly developed for the Client. Intending to be legally bound as of 2002 and thereafter, this License Agreement grants the following: IMPORTANT-READ CAREFULLY: This Go! Web Systems Select End-User License Agreement ("EULA") is issued to you pursuant the conditions set forth below. The issuance of this EULA is conditioned upon your payment in full for ali services rendered, pursuant to the Agreement for Services contract. This EULA is a legal agreement between you and Go! Web Systems ("Licensor"). For purposes of this EULA, the term "Software Product" shall mean the product(s) identified in Secfion 1 below, and the term "License" shall mean the dght to make, use or access a particular copy .of the Software Product. The ~Sottware Product is protected by copyright laws and international copyright treaties, as welt as other intellectual property laws and treaties. The Software Product is licensed, not sold. By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. SOFTWARE PRODUCT LICENSE 1. GRANT OF LICENSE. Licensor hereby grants you the right to use one copy of the version number of the Software Product(s) identified here for a period Lifetime: Software for portarthurtexas.com, Version 1.0. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS Limitations on Reverse Engineering, Decompfiation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. o o Separation of Components. The SOF'PJVARE PRODUCT is licensed as a single product. Its component parts, if any, may not be separated for use on more than one web server. Rental. You may not rent, lease, or lend the SOFP/VARE PRODUCT. o Software Transfer. You may not transfer your rights under this EULA. Any transfer of your rights under this EULA is strictly prohibited. o Termination. Without prejudice to any other rights, Go! Web Systems may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. UPGRADES. If the SOFTVVARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Go! Web Systems as being eligible for the upgrade in order to use the SOF'rVVARE PRODUCT. A SOF'BNARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOF~NARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer. 4. COPYRIGHT. All title and copyrights in and t6 the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT, unless copyright was or is transferred to you under separate agreement), and any copies of the SOFi'WARE PRODUCT are owned by Go! Web Systems or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOF'FWARE PRODUCT like any other copyrighted material except that you may copy the SOFTWARE PRODUCT onto any media provided you keep any and all copies solely for backup or archival purposes, if applicable. 5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Go! Web Systems 1595 Orleans Street / Suite 810 / Beaumont, TX 77701. MISCELLANEOUS if you acquired this product in the United States, this EULA is governed by the laws of the State of Texas. Should you have any questions concerning this EULA, or if you desire to contact Go! Web Systems for any reason, please contact Go! Web Systems directly at 877 MY GO WEB, or write: Go! Web Systems / 595 Orleans Street / Suite 810 / Beaumont, TX 77701. LIMITED WARRANTY LIMITED WARRANTY. Go! Web Systems warrants that (a) the SOF'WVARE PRODUCT will perform substantially in accordance with the parameters developed into the software as requested by the Client for an unlimited number of days ("Lifetime") from the date you first acquired the SOF'I'~VARE PRODUCT, and (b) and Go! Web Systems support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Notwithstanding the foregoing, Go! Web Systems under no circumstances warrants the media on which the SOFTWARE PRODUCT has been distributed to you, if you have been issued the SOF'rVVARE PRODUCT on a particular media, such as a CDROM. VOID OF WARRANTY All warranties of this SOFTWARE PRODUCT are immediately null and void if: A. The SOFTWARE PRODUCT is not hosted by web servers owned and maintained by Go! Web Systems B. The SOF3~/ARE PRODUCT's source code is modred by any person or entity outside of Go! Web Systems NO OTHER WARRANTIES.TO THE MAXIMUM EXTENT PERMITFED BY APPLICABLE LAW, GOI WEB SYSTEMS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATEJJURISDICTION TO STATE /JURISDICTION. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOI WEB SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GOI WEB SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GO! WEB SYSTEMS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Go! Web Systems, Licensor DATE The City of Port Arthur Texas, Client DATE Attached A Go! Web Systems will provide to the Client Website Development Software Services as stated below for the cost of $4,900.00. Additional work not provided for in this Agreement will be billed at our current hourly bill rate orS100.00 per hour: A newly manufactured website for The City of Port Arthur, pursuant to and providing the following features: 1. Provide City Government information. 2. Provide general information about the City. 3. Link to and utilize other developed community websites, such as the upcoming CVB and Chamber of Commeme sites. 4. Allow visitors to not only search and view current City job openings, but also allow them to apply and include their resume online. 5. Allow visitors to view current contract bids in PDF format, request park reservations, and perform tax abatement information requests. 6. Allow visitors to view "Adoptable Animals" in the shelter. Additionally, visitors could view lists and pictures of animals, found animals, as well as find informative content about the Shelter's policies, procedures, location and hours. 7. Link to current City Council meeting agendas. 8. Enable visitors to avoid trips to the DMV, court appearances and even stamps by paying their parking or speeding tickets online via credit card. Credit Card payments will be processed manually with the City's existing Merchant Account. 9. Allow visitors the ability to view contact information for City Officials or offices, such as the Mayor, City Manager, Water Utilities, Police, Fire, Housing, etc. 10. Correspond/Complain/Request a Service tools to communicate with the city government about what the visitor needs. 11. Utilize the Health Department's Services to request a birth or death certificate, or to request the latest health inspection information from a favorite restaurant. Visitor will be able to pay for these services online. Credit Card payments will be processed manually with the City's existing Merchant Account. 12. General tax information: We will compile a list of common questions and answers based on the many calls received from the public inquiring about their property and business taxes, parking tickets, and procedures in general. 13. Display all the upcoming and current improvements and businesses moving into Port Arthur over the past three years. 14. Allow for payment of water bills online by having the customer enter in their account number and the amount owed. Credit Card payments will be processed manually with the City's existing Merchant Account. 15. Enable citizens to have greater access to interact together and post their ideas in discussion/bulletin board forums on important topics such as Crime & Public Safety, Minority Issues, Disabilities, Health & Human Services, etc. 16. Post and make immediately available BID/RFP announcements. The City w!ll upload and manage these aImouncements via PDF format through the website. Page size and structure will be optimized for a minimum of 800 x 600 resolution. The site will incorporate rollover effects on links. A search mechanism will be included in the site, which will perform a site search and a site map. All data submitted to the website will be retrieved by the City via email. The ability to download PDF files will be incorporated into the site. The ability to update and remove these PDF files will be user-manageable through a back-end management system. Code will be added to the web site so that the site will be optimized to appear higher in search engine listings than sites, which have not been optimized properly. The Client strictly understands that the Contractor makes no guarantee as to the placement of the web site in any search engine. The client understands that additional fees may need be paid to third-party advertising firms/"search engine companies" in order to affect the actual placement of the site in those search engines. The ability of the Client to retrieve orders through a back-end management will be included. The Client will physically process these credit cards and or checks through a Merchant Account to be established or which may be already established. The Client understands that third-party credit card processing and setup fees may apply in the event the Client wishes to process payments in real time on the Intemet. Additionally, the Contractor will charge the Client hourly in order to implement these real-time processing features into its existing Software Product (web site), should the City implement real time credit card processing. The Contractor is not responsible for "keying in" any existing lists or entries on printed or paper media. The Contractor will not be responsible for adding any new or updated entries of any type to the website once the obligations of this Agreement are fulfilled. We will make available to you tiers of contractual maintenance plans available by separate agreement only. You are not obligated to purchase these maintenance plans. The Contractor offers to the Client a maintenance plan pursuant to the following terms: 30 pre-purchased hours, payable up front, in the amount of $2,250.00, would reduce our hourly rate to $75.00. This offer is valid for 60 (sixty) days from the date the site is taken live. The execution of thig Agreement does not constitute acceptance of this offer. We will utilize the latest in electronic and physical security measures available to secure your site and the data contained within it. We will utilize both optical and magnetic backup systems to backup your site and its database. Backups are stored in secure storage both on-site and off- site. We will provide to you a password restricted "test version" of the site that may be viewed at all times during the development phase of the project. You will have the opportunity to view, test, approve or disapprove the software prior to its unrestricted public release. Web maintenance Our maintenance liability is strictly limited to maintaining our server equipment on which your site is hosted. We will provide to you a lifetime guarantee on all work performed. Changes to the web site, after this Agreement is fulfilled, are billed at our then-current hourly rate. Web hosting Cost of web hosting: $50.00 per month. This fee does not include streaming media, such as large video presentations. The Contractor will honor this hosting fee for a period of 24 months beginning after the first month of hosting. This fee includes unlimited e-mail accounts. We do not guarantee the availability of any actual username. Monthly activity reports will be provided on a requested basis. We will provide you with a report, upon your request, generated by WebTrends*. We will also provide FTP access to you to the raw log files, upon request. Log files are automatically deleted after a period of time, normally after six to eight weeks after they are generated. This may be sooner or later depending upon the actual traffic your site receives. The Client will be responsible for maintaining backups of the log files. *For an additional fee, we will analyze this report, at your request, and submit to you a written proposal based on our assessment. Security Certificates The Client agrees to utilize a Go! Web Systems owned 128-bit security certificate issued by a major issuer of digital trust services, such as Thawte or VeriSign. Go! Web Systems will waive any and all certificate setup fees for the first year. Our setup fee is currently $150.00. If the Client continues to use the security certificate after the first year, the Client agrees to pay the then current setup fee. The first year begins on the day Go! Web Systems' servers first host the Client's domain name. The Client may choose to purchase its own Security Certificate. Currently, Go! Web Systems charges an additional $25.00 hosting charge per month for this service and a setup fee of $150.00. You will incur additional third party charges for purchasing this certificate. So that we may timely meet our obligations to you, the Client, you will provide to Go.* Web Systems in a reasonable period of time: A. All documents to be downloaded, especially all PDF documents. B. Most images of Port Arthur to be used in the site. C. Verbiage: Documents, brochures and other materials to be used as resources for the written content of the site. (These may be provided on printed media.) D. Any and all, but not limited to, materials, graphics or code that is to be incorporated into the site. All data including, but expressly not limited to, database entries / lists / names / members to be inserted into the site's database will be presented to Go! Web Systems in the form of spreadsheets or databases. These files must be in a form such that Go! Web Systems is not required to "re-type" the information. We will not accept a "graphical" or "photographed" form of this data.