Reso 2014-2188 - Laserfiche WebLink

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EDMUNDS _ & ASSOCIATES Simple. . Solutions. practices. CITY shall determine during this period if the application software performs in accordance with all specifications set forth in the VENDOR's Proposal, all representations contained in VENDOR's Proposal, the brochures, and the documentation as well as all representations set forth in VENDOR's planning documents. In the event that the application software fails to operate in accordance with the above - stated criteria, VENDOR shall, at the option of CITY and without election of remedies modify or adjust the application software to meet said specifications at VENDOR's expense. The term "Performance Period" means a period of 90 calendar days after all training on the installed software is completed. After any adjustment or modification, a second performance period shall commence upon written notice of completion of said adjustment or modification. If the application software still fails to meet the criteria within thirty (30) working days of the commencement of the second performance period., in addition to any remedy contained herein, CITY shall have the right to cancel the Contract. If CITY chooses to cancel the purchase of any application pursuant to this Section, CITY shall receive from VENDOR a refund of all sums previously paid by CITY to VENDOR for license fees applicable to such application and any fees for services paid to VENDOR but not yet rendered by VENDOR. VENDOR shall make such refund thirty (30) days after notice by CITY to VENDOR of such cancellation. Immediately upon successful completion of the performance period, CITY shall notify VENDOR in writing, that the application software has been accepted. Training Acceptance Training acceptance for the hours of training provided by VENDOR must be confirmed by CITY in writing on forms provided by VENDOR. Such training is to be authorized by the CITY's authorized agent or his designee (CITY Project Manager), and conducted by VENDOR. Final Project Acceptance and Acceptance Remedies VENDOR shall successfully demonstrate the integrated functionality of the components of the Project outlined in this sub- sectign of the Agreement. Said demonstration will last for a .period of sixty (60) consecutive calendar days after all software applications specified in the Final Exhibits hereto are accepted by CITY and the specified application software shall function per their individual specifications and in a totally integrated manner continuously during said sixty day period. When these components are successfully tested, CITY will proceed to make payment as agreed upon in the Contract. In the event that CITY does not approve in writing the System's integrated test within sixty (60) calendar days of its initiation or at some later date, the CITY shall have the same remedies as outlined in Disputes Section, or the CITY, at its sole discretion, shall elect to allow VENDOR to continue with the system's integrated test until accepted. M