Contract - Kasprzyk, Theresa R. - 2019-07-01 (2)FOURTH AMENDMENT TO AGREEMENT
BETWEEN COSTA MESA SANITARY DISTRICT AND THERESA R. KASPRZYK
This FOURTH AMENDMENT to Agreement between the Costa Mesa Sanitary District and
Theresa R. Kasprzyk for website maintenance services ("AGREEMENT") is made and entered into this Vt
day of July 2019, by and between the Costa Mesa Sanitary District, hereinafter referred to as DISTRICT,
and Theresa R. Kasprzyk, hereinafter referred to as CONSULTANT.
WITNESSETH:
WHEREAS, on February 1, 2013, the DISTRICT and CONSULTANT entered into an AGREEMENT
for website maintenance services by the CONSULTANT; and
WHEREAS, the AGREEMENT, as amended, will expire on June 30, 2019; and
WHEREAS, the DISTRICT and CONSULTANT desire to extend the AGREEMENT from July 1, 2019
to June 30, 2020 as provided hereinafter.
NOW, THEREFORE, the AGREEMENT is amended as of July 1, 2019 as follows:
1. The AGREEMENT is extended to, and shall remain and continue in effect until the tasks
described herein are completed and shall terminate on June 30, 2020, unless sooner
terminated pursuant to the provisions of the AGREEMENT.
2. Section 5a of the AGREEMENT is hereby amended to read as follows:
"... (a) DISTRICT agrees to pay CONSULTANT an ,amount not to exceed Sixty Dollars
($60.00) per hour from July 1, 2019 to June 30, 2020 for the total term of this
AGREEMENT unless additional payment is approved as provided in this AGREEMENT."
3. Exhibit A of the AGREEMENT is hereby amended by deleting it in its entirety and
replacing it with the attached Exhibit A.
4. The other provisions of the AGREEMENT are reaffirmed as originally stated.
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IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed
this day and year first above written.
COSTA MESA SANITARY DISTRICT
General Manager
ATTEST:
U1221061TVI I lei 0l It I "I
District Counsel
THERESA R. KASPRZYK
Signature
THERESA R. KASPRZYK
Print Name
CONSULTANT
Title
Exhibit A
Theresa R. Kasprzyk
13861 Jasperson Way - Westminster, CA 92683 -Telephone: 714-721-4535 - Email: trk7777@gmail.com
Website Design - Graphic Design - Multimedia -Grant Writing - Publicist Services
Gina Terraneo
Costa Mesa Sanitary District
290 Paularino Avenue
Costa Mesa, CA 92626
Subject: Fourth Amendment Contract Extension for Website Services
This agreement is by and between Costa Mesa Sanitary District, hereafter "Client," and
Theresa Kasprzyk dba Terrastar Media, hereafter "Consultant."
The Client is contracting the Consultant as a provider of website maintenance services.
Services not considered "standard website maintenance" are subject to be charged at a
regular hourly rate of $60.00 and will not be considered part of this contract.
What IS included in this agreement:
1. Edit, revise, update or create new textual content on existing pages based upon
Client's request.
2. New pages added to the main navigation with content and images provided by
Client.
3. Consultation and guidance on the use of the website.
4. Full back-up of website each month. This backup will be stored on Client's
Siteground Server for Joomla or similar backup module.
5. Installation and testing of updates to Joomla CMS software and third party
software as needed.
6. Interface with Siteground technical support to resolve issues as needed.
What is NOT included in this agreement:
1. Website redesign, re -alignment or re -development
2. Search engine optimization services
3. CMS design or integration including but not limited to blogs, shopping carts, and
web forums. These require a separate design agreement.
4. Modifications independently made to pages by Client (which can substantially affect
and alter rendering, appearance, and performance of the site pages) without timely
notification to Consultant, may result in duplication of work by Consultant. Such
altered pages will, therefore, no longer be considered part of the original
agreement, and may be billed separately in order for work to continue on the
altered pages.
Total Agreement:
The Consultant shall provide the Client with minor updates to the website for a period of
up to 12 months within this contract and each amendment thereafter.
During the duration of this contract, the Client agrees that the Consultant will be the sole
provider of maintenance services for the website, and no other party will have access to
or rights to change the website. If a party other than the Consultant (including CMSD staff)
makes changes to the website, any errors that require repair will be charged at the hourly
rate specified here.
Compensation:
The Client agrees to compensate the Consultant by the 15th day of each month via check
for the amount specified in the following retainer options:
Introductory website maintenance for
$30 per hour
first calendar year
January 1, 2013 - December 31, 2013.
Website maintenance rate to be adjusted
$45 per hour
after the first calendar year:
January 1, 2014 - December 31, 2017.
Website maintenance rate to be adjusted
$60 per hour
after the fourth calendar year:
January 1, 2018 - June 30, 2019.
Website maintenance for the
$60 per hour
contract year.
July 1, 2019 - June 30, 2020.
In the event that the Client fails to adhere to the schedule of payment referenced by the
deadline set forth, the Consultant retains the rights, but is not obligated, to pursue any
or all of the following remedies:
1. Terminate the Agreement
2. Immediately stop all works -in -progress or remove unpaidfor material
3. Bring legal action
Deadlines & Deliverables:
The Consultant will respond to all maintenance requests from the Client within 24 hours
on weekdays and 48 hours on weekends, via email or phone, with a confirmation that the
request was received, and an estimated completion date for each action item in the
request. Maintenance requests received after 3:00 p.m. PST may not be completed until
the next business day unless prior arrangements have been made.
The Consultant will adhere to all quoted deadlines for the deliverables in the maintenance
requests at all possible costs. In the event that the Consultant has any issues in delivering
on a quoted deadline, the Client will be notified via email or telephone the reasoning for
any change.
Additional Services:
Any revisions, additions, or redesign that the Client requests the Consultant to perform
that is not specified in this document shall be considered "additional" and will require
separate agreement and payment. The Consultant shall advise the Client on any
requested work that falls within these bounds.
Authorization:
The Client hereby authorizes the Consultant to access their web hosting account,
providing active user name / password combinations for access to the server via FTP,
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assuring that 'write permissions' are in place on said hosting provider
Termination:
The Client may cancel this website maintenance agreement at any time, by providing written
notice, provided that payment is up-to-date. A pro-rata refund will be given for any unused
period of the advance payment.
The Consultant reserves the right to cancel this website maintenance agreement at any time,
for any reason, without prior notification and will provide a cancellation notice either
electronically or in writing sent to the address of record.
Legal:
The Client and the Consultant are independent parties and nothing in this Agreement shall
constitute either party as the employer, principal, or partner of or joint venture with the other
party. Neither the Client nor the Consultant has any authority to assume or create any
obligation or liability, either express or implied, on behalf of the other.
This Agreement shall be governed by and construed in accordance with the laws of the State of
California applicable therein.
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