Loading...
Contract - Kasprzyk, Theresa R. - 2020-07-01 FIFTH AMENDMENT TO AGREEMENT BETWEEN COSTA MESA SANITARY DISTRICT AND THERESA R. KASPRZYK This FIFTH AMENDMENT to the Agreement between the Costa Mesa Sanitary District and Theresa R. Kasprzyk for website maintenance services ("AGREEMENT") is made and entered into this 1st day of July 2020, 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, 2020; and WHEREAS, the DISTRICT and CONSULTANT desire to extend the AGREEMENT from July 1, 2020 to June 30, 2021 as provided hereinafter. NOW,THEREFORE,the AGREEMENT is amended as of July 1, 2020 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, 2021, unless sooner terminated pursuant to the provisions of the AGREEMENT. 2. Exhibit A of the AGREEMENT is hereby amended by deleting it in its entirety and replacing it with the attached Exhibit A. 3. The other provisions of the AGREEMENT are reaffirmed as originally stated. IN WITNESS WHEREOF,the parties hereto have caused this Fourth Amendment to be executed this day and year first above written. 1 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: Fifth 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 existingpages based pupon 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. 1 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, 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. 3 II COSTA MESA SANITARY DISTRICT THERESA R.KASPRZYK Si ature Generat.Manager ATTEST: 1/i FS/ Jc • 1/ Print Name 1AP CONSULTANT District Clerk Title APPROVED AS TO FORM: ALitir 4(44 4-7 District Counsel 2