NEWPORT BEACH, CITY OF 2 -2004 - Laserfiche WebLink

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Attachment B the City and its assigns have a valid maintenance support arrangement with the Contractor. In the event that the Contractor becomes insolvent or is found to be in breach of its support agreement with the City, the City shall be given access to the source code in escrow and shall have the right to contract with another vendor for the ongoing maintenance and enhancement of its installation. 21. WARRANTY AND ONGOING MAINTENANCE SUPPORT 21.1 General Warranty: Contractor hereby represents and warrants for the benefit of City that, for a period of 90 days from the date of final acceptance, and after each update or revision thereof, all COPLlNK Software products and ETL (ExtractfTransfer/Load) services will substantially conform to the representations made in the Contractor's Proposal. Equipment provided by Unisys as part of the subcontracting Agreement between Contractor and Unisys is subject to standard Unisys product warranties and licensing. 21.2 Warranty of Title: Contractor represents and warrants that it owns the Software, or has a right to license the Software, as described in this Agreement and Exhibit B. 21.3 Annual Maintenance Plan: Contractor shall maintain and support the Software subject to the terms outlined in the Scope of Services, attached hereto as Exhibit A. City has opted to purchase the three-year warranty package outlined in Contractor's Proposal. 21.4 Response Times: During the warranty period, the Contractor shall provide 4-hour on-site response to a system deficiency that affects 10 or more workstations, or one server or impacts average transaction time by more than 20%. Staff must be available to respond Monday through Friday from 8 am to 5 pm, Pacific Standard Time. 21.5 Routine Maintenance: During the warranty period, Contractor will visit the site at least once every 12 weeks, and at that time verify that all system components are operating within specifications and upgrade all system components to the latest available software release. Operating systems need not be upgraded as new releases are issued but all maintenance patches available must be installed on the servers on the monthly visits. 22. ACCEPTANCE OF DELlVERABLES For each project deliverable, Contractor will present the OCILJ Project Coordinator with a Deliverable Acceptance Statement. The project coordinator should sign and return a copy of this form to the Unisys Project Manager. If the OCILJ does not return a signed copy, or a written description of any perceived deficiencies in the service within fifteen (15) days after receipt of the Deliverable Acceptance Statement, then the services will be deemed accepted. 13 ,-;