Warranty and Software Maintenance

The System consists of third-party software and implementation services (configuration, testing, training, and documentation) provided by the Vendor. Warranty and Support of the System by the Vendor is limited to implementation services provided by the Vendor. Warranty and Support for all third-party software supplied by the Vendor will be subject to the terms and conditions of the license, warranty, and support agreements of the respective software developer. The City may choose to enter into a contract with another Vendor for maintenance and support licenses. In this instance, the Vendor is not responsible for the services outlined in this agreement as it is considered separate and distinct. The City will provide the Vendor with written notification releasing the Vendor from the services outlined in the MSA Agreement.

When any Release (including interim) is first moved into the Production Environment and Initial Notice of Acceptance has been provided for all of the applicable components, a one (1) year, the warranty period shall commence in relation to all components of that Release (the "Initial Warranty Period" for that Release). During the Initial Warranty Period for any Release, Support Services relating to that release within this SOW or noted in the MSA Section 2.5, will be provided by the Vendor at no additional cost to the City.

 As part of the deployment and transition into Warranty, the Vendor and the City will confirm via Initial Notice of Acceptance that the system's specific components are moving into the first year of Warranty as part of the MSA obligation. This includes all modifications made by the Vendor (or its suppliers) to each of the components of the System that correct errors (e.g., bug fixes and patches); that increase the speed, efficiency, capacity, or ease of operation of the System; and that provide additional capabilities or functions. The Vendor will also provide access to all updated support materials, including system documentation, manuals, and help functions; and all modifications made to each system component created by the Vendor (or its suppliers), including new versions and releases as part of the document transfer.

When the Software Support and Maintenance results in any modification to the System that necessitates modifications or enhancements to any Customization (forming part of the System or working in conjunction with the System and to the extent not already covered), making those modifications forms part of the Vendor's Implementation Services Support and Maintenance

Warranty Phases

The City intends to work in partnership with the Vendor to establish a cadence where the reliance on the Vendor decreases as the warranty period continues and the skillset of the City resources increases. During the Warranty period after each release, a structured and phased approach to knowledge transfer and transition to complete City sustainment focuses on enabling the City's Sustainment Support Team to support the new Maximo – Enterprise Work Management System.

 The phased approach included four stages:

1.  Assisted Support (AS) - The Vendor will resolve high & medium complexity/severity issues, and City will resolve low complexity/ severity issues. The City's Sustainment Support Team will observe and learn how the problems have been resolved during this time;

2.  Parallel Support (PS) - The Vendor will resolve high complexity/ severity issues, and City will resolve medium & Low complexity/ severity issues. The City's Sustainment Support Team will observe and learn about how the problems have been resolved during this time;

3.  Guided Support (GS) - City's Sustainment Support Team will start taking on High complexity/severity issues (guided by the Vendor), and the City will resolve medium & Low complexity/severity issues. The Vendor will observe and ensure that the resolutions applied by the City are completed accurately; and

4.  Complete Transition to City's Sustainment Support Team - All issues will be fronted and managed by City (Vendor consulted if needed).

Please note the complexity and severity measures are outlined in Priority and Resolution Levels & Issue Complexity Assessment & Assignment.

The stabilization within the Warranty phase includes a total of 12 months from the start of the Initial Notice of Acceptance (365 calendar days). At the end of the Initial Warranty Period with respect to any single instance of the System, the City at its sole discretion in relation to that single instance may initiate a change order with the Vendor to extend Warranty support and or contract for additional Software Maintenance and Support Services.