Res 2017-069/approving an agreement with TMT Solutions, Inc. in connection with the Surface Water Treatment Plant and the Wastewater Treatment Plant Supervisory Control and Data Acquisition Systems for the Public Services Department in the total amount of

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SURFACE WATER AND WASTEWATER TREAMENT PLANT SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEMS INTEGRATION AGREEMENT CONTRACT NUMBER: 217-002 This Agreement (the "Agreement") is effective this the 18th day of April, 2017 ("Effective Date") by and between the City of San Marcos, Texas, (the "City"), 630 East Hopkins, San Marcos, Texas 78666 and TMT Solutions, Inc. 4041 FM 1978, San Marcos, Texas 78666 ("TMT" or "Contractor") for the provision of Surface Water Treatment Plant and Wastewater Treatment Plant Supervisory Control and Data Acquisition Systems (the "Services or "Project(s)"). The City and the Contractor agree as follows: RECITALS WHEREAS, the City issued a Request for Proposals (RFP # 217-002) on November 20, 2016 for the Contractor's provision of design, implementation, configuration and testing of Supervisory Control and Data Acquisition ("SCADA') systems for the Surface Water Treatment Plant ("SWTP") and the Wastewater Treatment Plant ("WWTP") in order to provide a unified SCADA software solution for both the SWTP and the WWTP that includes a redundant operation that will automatically failover to a backup system; and WHEREAS, The Contractor responded to the City's RFP # 217-002 with a Proposal dated December 22, 2016; WHEREAS, The Contractor represents that it performs services of the nature described in this Agreement (which includes all exhibits hereto) and in its proposal, as amended (the "Proposal") in its normal and customary course of business and that it understands that the City, compared to the Contractor, is relatively unfamiliar with the types of products and services described in the Contractor's Proposal and the City, in executing the Agreement, relies upon the Contractor's superior knowledge of these types of products and services; and WHEREAS, after careful evaluation the City has determined that, the Contractor is qualified to provide the products and services included in this Agreement, based on the Contractor's proposal, and the City wishes to enter into a contract with the Contractor to provide same; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein, the Contractor and the City agree that the Contractor will provide all products and services necessary for the satisfactory completion of this Project, and the City will pay prices for said products and services as set forth in this Agreement. ARTICLE 1 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 1.0 STANDARDS OF PERFORMANCE 1.0.1 The Contractor's Basic Services consist of the services described in Section 1.1 and will be performed by the Contractor in partnership with Inductive Automation (the "Software