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HomeMy Public PortalAboutWebsite Maintenance Agmt 2015VAlikk greengroup' STUDIO WEBSITE MAINTENANCE AGREEMENT This Contract for Services (this "Contract") is made effective as of November 12, 2015, by and between the Town of Gulf Stream of a Town Hall located at 100 Sea Rd, Gulf Stream, FL, and Green Group Studio, Inc. of 8461 Lake Worth Road, Lake Worth, Florida, 33467. In this Contract, the party who is contracting to receive services will be referred to as'The Client;' and the party who will be providing the services will be referred to as " fhe Consultant:' 1. DESCRIPTION OF SERVICES. The Consultant will provide to The Client the Services outlined in Exhibit A below. 2. PAYMENT FOR SERVICES. In exchange for the Services, The Client will pay The Consultant according to the payment schedule below: Client -approved Vulnerability fixes may increase these payments. 3. TERM. Services will begin on November 12, 2015, and will continue for a period of 1 year. 5. WARRANTY. The Consultant shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in The Consultant's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to The Consultant on similar projects. 6. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe in detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the defaults) within such time period shall result in the automatic termination of this Contract. The Consultant is also entitled to collections/attorney fees relating to collections of unpaid bills. 7. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement Paget of 3 whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. 8. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 9. AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. 10. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of FL. The venue for any dispute shall be in the Palm Beach County courts. 11. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by email, phone (confirmed with an email) or certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 12. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non -assigning party, which approval shall not be unreasonably withheld. The Client: Town of Gulf Stream Approved By: �� z3 Bill Thrasher (Signature): �+^ Date: Service Provider: Green Group Studio, Inc. M 11 Allen M. Borza, Principal Page 2 of 3