The E-Government Expansion Project of Dehua County
Main Contract
Appointer (Party A): Fujian Province Dehua County E-Government Construction Project Management Company Limited
Appointee (Party B): Expert Network (Shenzhen) Company Limited
Execution time: April 1, 2006
Execution Place: Dehua County, Fujian Province
Based on the success achieved from the Dehua E-Government Construction, the People's Government of Dehua County decides to advance the E-Government Construction Project of Dehua to a further step, firstly by fully implement the Coordinated Office System (including Documents Exchange System) and the Unified Administration Approval System in all the governmental departments, towns and streets, so that the full implementation of the Dehua E-Government Construction Project is ensured. Based on the good cooperation between Party A and Party B, Party A decides to appoint Party B exclusively to conduct a complete planning to the said project and to undertake the main contract of the construction works. Upon the consultation between the Parties, the following terms are reached:
Clause One Definitions and explanations
1.1 The Project so stated hereunder, unless stated otherwise, shall refer to the Dehua E-Government Expansion Project.
1.2 The applicable software referred to hereunder is those software used in the Dehua E-Government Expansion Project.
Clause Two Applicable Laws
The laws applicable to this Contract are: Contract Law of the People's Republic of China, Authorship Rights Law of the People's Republic of China, Computer Software Protection Clause of the People's Republic of China, and other relevant legal rules of China.
Clause Three Contract Scope
3.1 The scope of this Contract covers the application software of the Project, which is listed in the addendum, "Software List of Dehua County E-Government Expansion Project".
3.2 The purchasing, transportation, delivery, installation, testing, training, technical support, upgrading and repair of any systems, hardware, network equipments and system software other than those of the Project are outside the scope of this Contract.
Clause Four Rights and Obligations
4.1 Rights and Obligations of Party A:
4.1.1 To set up an implementation group after this Contract is signed and to designate a person in charge for the implementation work.
4.1.2 To provide location, related equipments, necessary documents and data and assist Party B in research, implementation, technical support and maintenance.
4.1.3 Party A has the right to conduct confirmation test on the products' functioning in accordance with the system function manual provided by Party B and
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to cooperate with Party B in setting up an acceptance check group to perform trial-run and acceptance check on the equipments and software.
4.1.4 Party A has the responsibility to reply and confirm the relevant reports or plans submitted by B in accordance with this Contract's requirements within five days. Otherwise, the reports or plans shall be deemed to be agreed to by Party A.
4.1.5 To strictly comply with the operation environment required by the products provided by Party B.
4.1.6 To make payments to Party B strictly according to the time and sum specified in this Contract.
4.2 Rights and Obligations of Party B:
4.2.1 To complete the construction works of the Project within the time specified in this Contract.
4.2.2 To provide training, technical support or other after-sale services to Party A with or without remuneration.
4.2.3 Party B guarantees that all the hardware products it provides to Party A are from the original manufacturer and that the software products do not infringe the intellectual property rights of any other third party. If the usage or modification of the products provided by Party B leads to dispute or litigation with any other third party, Party B shall assume all the responsibilities and shall indemnify Party A for all the economic losses incurred.
4.2.4 To ensure the stable operation of each version of the same software product after updating and upgrading.
Clause Five Project Implementation Schedule
The Project is expected to be commenced on January 10, 2006 and the period of implementation shall last for a period of 18 months, which is to be completed in or before June, 2007.
Clause Six Price and Payment method
6.1 Price
6.1.1 All the Price in this Contract are denoted in RMB with tax.
6.1.2 Total amount of this Contract: RMB Seventy Eight Million Yuan (￥78,000,000.00) (Detailed price quotations are specified in Addendum 1 and
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Addendum 2).
6.2 Payment Method
6.2.1 Within five days of signing of this Contract, Party A shall pay 30% of the total amount of this Contract, i.e., RMB Twenty Three Million Four Hundred Thousand Yuan (23,400,000.00).
6.2.2 Before December 31, 2006, Party A shall pay 30% of the total amount of this Contract, i.e., RMB Twenty Three Million Four Hundred Thousand Yuan (23,400,000.00).
6.2.3 Within 5 business days after the passing of the acceptance check, Party A shall pay 35% of the total amount of this Contract, i.e., RMB Twenty Seven Million Three Hundred Thousand Yuan (27,300,000.00).
6.2.4 After the completion of the Project's Expansion, Party B shall provide a one year warranty period free of charge. Within 10 business day after the said warranty period is expired, Party A shall pay 5% of the total amount of this Contract, i.e., RMB Three Million Nine Hundred Thousand Yuan (3,900,000.00) as after-sale services payment.
Clause Seven Confidentiality Principle
7.1 Neither Party shall reveal in any way the internal information, data and other commercial information of both parties in relation to the Project to any other third party without the permission of the other Party herein.
7.2 If any Party breached this confidentiality clause, the other Party shall have the right to claim the breaching Party for legal liability.
7.3 This clause shall remain valid forever notwithstanding that this Contract is altered, cancelled or terminated.
7.4 Both Parties guarantee that the other Party's information, data, commercial information and secrets shall not be disclosed to any other third party including Party B's employees save and except for those who involved in the Project,.
Clause Eight Default Liability
8.1 Except for force majeure and those circumstances listed in this Contract, any Party who terminates or dissolves this Contract unilaterally shall pay 30% of the
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total amount of this Contract as default penalty to the other Party.
8.2 Party B shall pay a daily surcharge of 0.01% of the total amount of this Contract to Party A if it cannot complete the Project by the time limit as specified in Clause Five of this Contract. However the cumulative amount of the surcharge shall not exceed 0.5% of the total amount of this Contract. If the delay exceeds thirty days, then Party A shall be entitled to terminate this Contract. Within 10 days from the date Party B receives the termination notice from Party A, Party B shall return to Party A all the money it received from Party A and shall pay 30% of the total amount of this Contract as default penalty.
8.3 If Party A is unable to make payment to Party B as scheduled, or is unable to cooperate with Party B effectively according to Party B's requirements, or does not perform the acceptance check on time, then Party B's delivery schedule of the Project shall be extended by the length of the delayed time, and Party A shall pay to Party B a daily surcharge of 0.01% of the total amount of this Contract, with the cumulative amount of the surcharge not exceeding 0.5% of the total amount of this Contract. If the delay exceeds thirty days, then Party B shall have the right to terminate this Contract and return to Party A all the money that it received from Party A. However Party A shall pay 30% of the total amount of this Contract to Party B as default penalty.
Clause Nine Resolution of Disputes
If both Parties A and B have differences in the interpretation of any clauses of this Contract, or disputes arise regarding any issues related to this Contract, then both Parties shall negotiate for a settlement with the spirit of courtesy and cooperation. If the negotiation is unable to resolve the disputes, then both Parties agree to resolve the dispute by the second method listed below:
(1) Apply to the arbitration committee for an arbitration:
(2) Constitute legal action in the People's court in the place of execution of this Contract.
Clause Ten Non-waiver Clause
Failure of any Party herein to claim the other Party for default liability does not mean that it waives any rights such Party is entitled.
Clause Eleven Force Majeure
11.1 The scope of force majeure is defined according to the relevant regulations of China
11.2 Force majeure apply to both Parties herein. If force majeure arises and disables the fulfillment of this Contract after its execution, then the impeded Party shall obtain a certificate from the relevant governmental department as evidence that
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the impeded Party is enable to fulfill this Contract in whole or in part, or that the fulfillment of this Contract has to be postponed. With this certification, both Parties shall be able to relinquish their related responsibilities under this Contract in whole or in part.
Clause Twelve Alteration, Supplementation, and Termination of this Contract
12.1 This Contract shall be effective on the day of signing and sealing by both Parties and shall be renewed automatically if neither Party issues written notice to terminate it.
12.2 This Contract shall be the final contract of both Parties, and cannot be altered in any way without the written consent from both Parties. For any issue which is not contemplated in this Contract occurs, both Parties shall sign supplementary agreement upon written consent from both Parties. The supplementary agreement and the Addenda of this Contract shall have the same legal effect as this Contract.
Clause Thirteen Effect of this Contract
This Contract shall have four counterparts, with each party holding two. All the four counterparts shall have the same legal effect.
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| | | | |
| Party A: | Fujian Province Dehua | Party B: | Expert Network |
| | County E-Government | | (Shenzhen) Co. Ltd. |
| | Construction Project | | |
| | Management Company | | |
| | Limited | | |
| | | | |
| Representative: | (Signed and sealed) | Representative: | (Signed and sealed) |
| | | | |
| | | | |
| Date of Signing: January 4, 2006 | Place of signing: Dehua County, |
| | | | Fujian Province |
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Addendum One:
Software List of Dehua County E-Government Expansion Project
Coordinated Office System Client's | RMB |
Terminal | |
Documents Acceptance and Delivery | 3,000.00 |
Management | |
News publication | 1,500.00 |
Documents Management | 1,500.00 |
Circulars | 100.00 |
Schedule Arrangement | 200.00 |
Meeting Management | 200.00 |
Electronic Mails | 200.00 |
Internal Forum | 200.00 |
Electronic Periodicals | 200.00 |
Real Time Communication | 300.00 |
Official Documents Exchange System | |
Client's Terminal | |
Official Documents Delivery | 300.00 |
Official Documents Tracing | 300.00 |
Official Documents Pushing | 300.00 |
Official Documents Acceptance and | 300.00 |
Delivery | |
Communication Book Management | 400.00 |
Official Documents Inquiry | 500.00 |
Unified Administration Approval | |
System Client's Terminal | |
Approval Model | 4,000.00 |
Statistical Analysis | 2,000.00 |
Inquiry Appendix | 1,500.00 |
Total | 17,000.00 |
Note for Quotation
1. This Quotation is for the price of installing the Coordinated Office System Client's Terminal, Official Documents Exchange System Client's Terminal and Unified Administration Approval System Client's Terminal in a single computer of each civil servant
2. This Quotation does not include computer, network equipment, hardware and software of the operating system
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Addendum Two:
General Quotation of the Dehua County Electronic
Administration Expansion Project Software
Department in | Unit Name | Quantity (set) | Total Price of Unit |
Charge | | | (RMB) |
PRC County | Office of County Committee | 54 | 918,000.00 |
Committee of Dehua | | | |
County | | | |
| Confidential Information | 20 | 340,000.00 |
| Department | | |
| County Organization | 37 | 629,000.00 |
| Department | | |
| Aged Members Department | 22 | 374,000.00 |
| Marketing Department | 35 | 595,000.00 |
| Office of Culture | 25 | 425,000.00 |
| Warfare Division | 26 | 442,000.00 |
| General Office of Executive | 29 | 493,000.00 |
| and Legislation | | |
| Office of Workers | 28 | 476,000.00 |
| Office of Party Appointed | 19 | 323,000.00 |
| Workers | | |
| Office of Agriculture | 27 | 459,000.00 |
| Office of Editorial | 19 | 323,000.00 |
| Disciplinary Supervision | 48 | 816,000.00 |
| Department | | |
| Archives Office | 40 | 680,000.00 |
| Dehua County Committee | 20 | 340,000.00 |
| and Party History Research | | |
| Laboratory | | |
| Dehua County Committee | 36 | 612,000.00 |
| and Party School | | |
| Office of Birth Planning of | 26 | 442,000.00 |
| the Directly Related | | |
| Departments | | |
| Office of Maintenance of | 25 | 425,000.00 |
| Water and Earth Committee | | |
Dehua County | Office of County | 83 | 1,411,000.00 |
| Government | | |
| Department of Planning | 53 | 901,000.00 |
| Economy and Trade | 51 | 867,000.00 |
| Commission | | |
| Financial Department | 113 | 1,921,000.00 |
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| Water Resources | 61 | 1,037,000.00 |
| Department | | |
| Department of Foreign | 63 | 1,071,000.00 |
| Trade and Economic | | |
| Corporation | | |
| Construction Department | 81 | 1,377,000.00 |
| Public Affair Department | 53 | 901,000.00 |
| Grain Department | 47 | 799,000.00 |
| Department of Agriculture | 48 | 816,000.00 |
| Department of Forestry | 73 | 1,241,000.00 |
| Communications | 87 | 1,479,000.00 |
| Environment Protection | 81 | 1,377,000.00 |
| Department | | |
| Personnel Department | 63 | 1,071,000.00 |
Government | Department of Public | 563 | 9,571,000.00 |
| Security | | |
| Judiciary Department | 97 | 1,649,000.00 |
| Culture and Sport | 29 | 493,000.00 |
| Department | | |
| Department of Health | 33 | 561,000.00 |
| Department of Audit | 97 | 1,649,000.00 |
| Department of Statistic | 103 | 1,751,000.00 |
| Population and Family | 23 | 391,000.00 |
| Planning Committee | | |
| Overseas Chinese Affaires | 4 | 68,000.00 |
| Office | | |
| Department of Ethnics and | 4 | 68,000.00 |
| Religious Affairs | | |
| Department of Price | 47 | 799,000.00 |
| Civil Defence Office | 17 | 289,000.00 |
| Department of | 49 | 833,000.00 |
| Supervision | | |
| Tourism Department | 71 | 1,207,000.00 |
| Department of Radio, Film | 93 | 1,581,000.00 |
| and Television | | |
| Local Taxation Bureau | 198 | 3,366,000.00 |
| State Taxation Bureau | 186 | 3,162,000.00 |
| Department of Industry and | 215 | 3,655,000.00 |
| Commerce | | |
Societies and Groups | People's Congress | 41 | 697,000.00 |
| Political Bureau | 33 | 561,000.00 |
| Communist Youth Party | 23 | 391,000.00 |
| Women's Society | 8 | 136,000.00 |
| Commercial & Industrial | 4 | 68,000.00 |
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| Society | | |
| Compatriots Society | 24 | 408,000.00 |
| Cultural Society | 17 | 289,000.00 |
| Technology Coordination | 27 | 459,000.00 |
| Society | | |
| Aged People Committee | 5 | 85,000.00 |
| Civil Servant Committee | 3 | 51,000.00 |
| Disability Society | 5 | 85,000.00 |
| Family Planning | 20 | 340,000.00 |
| Democracy Party | 8 | 136,000.00 |
Dehua County | Shangyong Zhen | 95 | 1,615,000.00 |
| Longxun Zhen | 91 | 1,547,000.00 |
| Shanban Zhen | 80 | 1,360,000.00 |
| Longmentang Zhen | 83 | 1,411,000.00 |
| Nancheng Zhen | 61 | 1,037,000.00 |
| Shuikou Zhen | 67 | 1,139,000.00 |
| Chishui Zhen | 70 | 1,190,000.00 |
| Gekeng Zhen | 53 | 901,000.00 |
| Yangmei Xiang | 61 | 1,037,000.00 |
| Tangtou Xiang | 81 | 1,377,000.00 |
| Guiyang Xiang | 63 | 1,071,000.00 |
| Gaide Xiang | 53 | 901,000.00 |
| Guobao Xiang | 41 | 697,000.00 |
| Meihu Xiang | 49 | 833,000.00 |
| Daming Xiang | 61 | 1,037,000.00 |
| Chunmei Xiang | 43 | 731,000.00 |
Total: | | 4592 | 78,064,000.00 |
Total Price After Discount : RMB Seventy Eight Million Yuan (￥78,000,000.00)
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