Res 2009-047 - Laserfiche WebLink

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a) Include warrant checks, criminal history checks and the investigation of information necessary to protect the City's property and data; b) Be performed at two year intervals as well as whenever the Vendor wishes to provide access to City premises to additional or alternative employee(s); The Vendor will remove any employee(s) performing services under this Agreement if it is determined that they violated any rules regarding access to City premises. Failure of the Vendor to remove any employee(s) is considered a breach of the Agreement and will result in immediate termination of the Agreement by the City. The Vendor will be responsible for any damage to the City resulting from such actions of their employee(s) . The Vendor understands that any of its employees performing services at the San Marcos Police Department will be accompanied by City staff at all times. 1.2.4 Risk of Loss. The Vendor will bear the risk of loss of all Products while they are in transit to the City's premises and until accepted by the City in accordance with subsection 1.2.6 of the Agreement. After the City's acceptance of any such Products, the City will bear such risk of loss unless the loss is caused by the Vendor's negligence or that of the Vendor's agents or subcontractors. 1.2.5 Installation Responsibilities. Site preparation and Product installation responsibilities of both the City and the Vendor will be described on the Installation Responsibilities Policy (Attachment E), if applicable. The Vendor will make all reasonable efforts to complete the installation by the intended Installation Date specified on a Schedule A. The Vendor will notify the City of the actual Installation Date and the City agrees, on request, to sign the Vendor's cut over or installation certificate. Minor omissions or variances in the installation or performance of any Product that do not materially affect the operation of the Product as a whole will not affect or postpone the Installation Date and will be noted by the City. 1.2.6 Acceptance of Products. A Product will be deemed accepted by the City thirty (30) business days after its Installation Date, unless the City notifies the Vendor in writing within such period of any non-conformities. Upon such notice, the Vendor will promptly correct any non-conformities so that the Product meets the specifications of the Schedule A. A product will be deemed accepted by the City if all non-conformities have been resolved and remain resolved for an additional thirty calendar (30) days from the date of the correction of the non-conformity. 1.2.7 Software License. The Vendor grants the City a non-exclusive, fully paid, perpetual license to use the Software, but only in conjunction with the equipment or Product with which it is licensed and installed. The City acknowledges and agrees that it will have no title or ownership rights to such Software. In addition, the City agrees to abide by the terms of and/or to execute any software license agreement required by the Vendor or the Software Owner and purchased by the City, as noted on a Schedule A, or required by the Software Owner to receive a Product update, enhancement or new release and said provisions of the software license agreement will be in addition to the terms and provisions contained in this Subsection 1.2.7. The Black Box Telephone Hardware and Software Master Purchase and Maintenance Agreement 6