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[PiEDMUNDS <br />&ASSOCIATES <br />Simple. . Solutions. <br />not liable or susceptible to any damages. Reconciliation of converted data is solely the responsibility of <br />the client. <br />NON - PAYMENT <br />As defined by the terms of the Contract, if VENDOR is not compliant with the deliverables, the CITY <br />can withhold with cause payments for deliverables that are not compliant until such deficiencies are <br />remedied. During this period of non - payment, VENDOR is still obligated to provide the agreed upon <br />maintenance and support. The CITY must give written notice of intent to withhold payment, and <br />VENDOR must resolve outstanding issues within thirty days. <br />APPLICATION SOFTWARE SUPPORT & MAINTENANCE <br />Application Software Maintenance Extended to ten (10) Years <br />The City shall have the right to annually renew the maintenance agreement after five years from the <br />start of the warranty period. Application software maintenance shall be billed initially by each <br />application and shall begin at the end of the fifth full year from the date of installation of the initial <br />software applications. Applications software maintenance shall include at no additional charge to CITY <br />during the five year maintenance period the complete and timely alteration of any and all applicable <br />software changes that are required or mandated by the State of Florida, the Federal Government, GASB, <br />the Courts or any federal or state regulatory agencies. <br />VENDOR agrees to be the prime contractor for all software applications purchased from <br />VENDOR. VENDOR will acquire, deliver, install and certif}, the proper operation of the software <br />on a turnkey basis. This includes: <br />Acting as a single point of contact for software installation and integration issues, and <br />software support issues, for all items purchased from N;ENDOR; <br />Install, setup, configure, certify, and document application system software modules; <br />Install, setup, configure, certify, and document third party software on servers and all <br />workstations as appropriate; <br />Demonstrate system performance according to acceptance criteria; <br />Provide application system support and maintenance on application software provided by <br />VENDOR <br />VENDOR Response Time <br />VENDOR agrees to provide a maximum 4 -hour response time to acknowledge a non - emergency <br />software support call, 2 -hour maximum for emergency calls, and will make every attempt to correct <br />reported software problems that are causing the VENDOR the inability to move forward with required <br />processing within 24 -hours from the report call to fix the reported software problem. If the reported <br />problem is mission critical (payroll processing, year -end processing, tax billing), VENDOR will expedite <br />support and service on a priority basis to the City of Eustis. <br />Application Software Support and Maintenance: Hours of Availability <br />VENDOR will make Maintenance and Support services available to CITY during standard business <br />hours 8:30 AM - 5:00 PM Eastern Standard Time, Monday through Friday except for recognized <br />holidays. VENDOR will extend availability of service coverage for weekend coverage provided CITY <br />provides at least a week notification of the need for such coverage and agrees to pay the surcharge <br />19 <br />