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Agmt23 Dropcountr, Inc
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Agmt23 Dropcountr, Inc
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Last modified
4/27/2023 11:24:09 AM
Creation date
4/27/2023 11:23:22 AM
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Template:
Agreement
Contractor Name
Dropcountr, Inc.
PROJECT NAME
Software and Professional services agreement
RMP File Number
304.5
Date
4/6/2023
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REV: 03-17-23 MI <br />conform in all material respects to the Functional Specifications. This warranty is <br />void if the City or any other third party intentionally changes or modifies the <br />Software without the permission of Provider. <br />b. Malware. Provider warrants that the Software does not contain any virus or <br />malware and that no employee or contractor of Provider will introduce malware <br />into City’s network during the performance of this Agreement. <br />c. Service Warranty. Provider warrants that all Services provided under this <br />Agreement will be performed in a professional, competent and workmanlike <br />manner in accordance with the requirements of the Schedule of Services and the <br />Functional Specifications, if applicable. Provider shall further provide a sufficient <br />number of properly trained and competent staff to carry out the Services in a <br />skilled and professional manner consistent with the best practices in the software <br />industry and in compliance with the Performance Schedule. <br />d. Remedies. Provider covenants that it will make corrections of program errors <br />which are reported in writing to Provider during the term and which are necessary <br />for the Software to conform to the warranties set forth in this Section 14. City <br />agrees to allow Provider the opportunity to make repeated efforts within a thirty <br />(30) day time period to correct programming errors as warranted in this <br />Agreement. Provider agrees that program errors that result in the inability of the <br />City to make functional use of the Software will be given its highest priority with <br />the problem corrected as soon as practicably possible. Provider will strive to have <br />all errors resolved within no more than five calendar days. <br />15. Acceptance Testing. All Implementation Services shall be subject to acceptance testing <br />by City to verify, to its reasonable satisfaction, that each deliverable conforms to the <br />requirements of a particular phase or milestone as set forth in the Schedule of Services <br />or with respect to the Software, that it conforms to the Functional Specifications in all <br />material respects and does not contain material errors. Acceptance testing will not begin <br />for any deliverable until sufficient data, as reasonably determined by City, has been <br />converted and loaded into the Software or component thereof to enable City to test the <br />functionality of the Software or any component thereof in a test environment that <br />approximates a live production environment. If City determines that any Software <br />deliverable or Implementation Services do not conform with the foregoing requirements, <br />City shall promptly deliver to Provider a notice of non-conformity, and Provider shall work <br />diligently to correct all nonconformities free of charge to City by issuing one or more <br />error corrections or re-performing the defective Implementation Services. Each error <br />correction shall be subject to additional acceptance testing by City. Notwithstanding the <br />acceptance of any deliverable by City, such deliverable shall remain subject to the <br />warranty obligations of Provider for the term of this Agreement. <br />ATTY/AGR.2023.056/Dropcountr, Inc. (Water Utility Customer Portal) (Page 9 of 32)
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