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Docusign Envelope ID:69F3BA28-FBFA-4209-9160-400342F73326 <br /> and the three prior versions of Internet Explorer, Edge, Mozilla Firefox, Safari, and <br /> Google Chrome Internet browsers. The Services Fees shall be inclusive of the fees <br /> for maintenance. <br /> 5.1.2.Required Notice of Maintenance--Unless as otherwise agreed to by City on a case- <br /> by-case basis, Consultant shall provide no less than thirty (30) calendar day's prior <br /> written notice to City of all non-emergency maintenance to be performed on the <br /> Services, such written notice including a detailed description of all maintenance to be <br /> performed. For emergency maintenance, Consultant shall provide as much prior <br /> notice as commercially practicable to City and shall provide a detailed description of <br /> all maintenance performed no greater than one (1) calendar day following the <br /> implementation of the emergency maintenance. <br /> 5.1.3.Acceptance of Non-Emergency Maintenance — Unless as otherwise agreed to by <br /> City on a case-by-case basis,for non-emergency maintenance,and assuming City has <br /> opted into consultant full test environment option, City shall have a five (5) business <br /> day period to test any maintenance changes prior to Consultant introducing such <br /> maintenance changes into production (the "Maintenance Acceptance Period"). In the <br /> event that City rejects, for good cause, any maintenance changes during the <br /> Maintenance Acceptance Period, Consultant shall not introduce such rejected <br /> maintenance changes into production. At the end of the Maintenance Acceptance <br /> Period, if City has not rejected the maintenance changes, the maintenance changes <br /> shall be deemed to be accepted by City and Consultant shall be entitled to introduce <br /> the maintenance changes into production. <br /> 5.2. Service Levels —In the event that City encounters an error and/or malfunction whereby <br /> the software does not conform to expected behavior in accordance with the software <br /> design,the City will assign one of the following severity levels for the Consultant to render <br /> support services in a timely manner consistent with the urgency of the situation. <br /> 5.2.1.Severity Level 1 —a critical problem has been encountered such that the software is <br /> deemed inoperable and without a reasonable workaround. Consultant will respond <br /> within one (1) business hour to diagnose the problem. A response is defined as an <br /> email or call to the City's designated support contact. Consultant and City will work <br /> diligently and continuously to correct the problem within four (4)hours. <br /> 5.2.2.Severity Level 2—a problem arose that does not prevent use of the software, but the <br /> software is not operating correctly. Consultant will diagnose the problem within 24 <br /> hours and advise City of any available temporary solution within two (2) business <br /> days. Upon Consultant's confirmation that the software is not operating correctly, <br /> Consultant will provide a software update to repair the defect and confirm with City <br /> that the update resolved the issue. <br /> 5.2.3.8everity Level 3 —a minor problem arose whereas the software is usable but could <br /> be improved by correction of a defect or addition of a usability enhancement. <br /> Consultant will assess the request within fifteen (15) business days and schedule a <br /> software update for a future release, advise the City that the request will not be <br /> implemented, or offer the option of implementing the request as a custom software <br /> enhancement at an additional cost. <br /> 5.2.4.Notifieation to City—In the event that the Consultant identifies an error or problem, <br /> notification will be sent to the City within one (1) business hour from the point of <br /> discovery advising the City of the Severity Level and workarounds if necessary. <br /> 1211802.2 Page 15 of 20 <br />