Reso 2016-2523 - Laserfiche WebLink

Home Browse Search

performed,and at any time upon request; Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability,with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-contractors providing services hereunder(if any)procures and maintains,until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. WARRANTY OF SERVICES. Contractor warrants and guarantees that all hardware and software included in the Services provided under this Agreement shall be free from material defects in design, materials, and workmanship and will function, under normal use and circumstances,during the entire term of this Agreement,including the initial term and any renewal terms. If defective hardware and/or software is found,Contractor shall respond and investigate the issue before the end of the next business day after being notified by the City. In such an event,the Contractor shall promptly either correct or remove such defective hardware and/or software and replace it with non-defective hardware and/or software within three (3) business days of first written notice from the City. Contractor shall bear all direct and indirect costs of such removal or correction of the defective hardware and/or software. Additionally, all application/service support calls shall be included during the entire term of this Agreement including the initial term and any renewal terms. Finally, any future solutions' enhancements shall be made available to the City at no additional cost. 9. TERMINATION AND REMEDIES FOR BREACH. A. If,through any cause within reasonable control,the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement,the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor thirty(30)days to cure such default. If the default remains uncured after thirty(30)days the City may terminate this Agreement,and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub-Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. The City shall not be liable for any claimed consequential or indirect damages, including but not limited to recurring monthly charges beyond the effective date of termination. �C'1j6-042 TSO •BILE Page 4