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HAND HELD TICKET WRITER SYSTEM <br />PURCHASE AND MAINTENANCE MASTER AGREEMENT <br />This Master Agreement (the "Agreement") is made this the 2nd day of November, 2009, <br />between the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 <br />and Brazos Technology Corporation, Inc., ("Vendor"), 707 South Texas Avenue, Suite 103D, <br />College Station, Texas 77842 for the provision of a complete turn-key hand held ticket writer <br />system to include training and customer support (the "Project") and for the purchase of hardware <br />and software (the "Products") and associated services (the "Services"). <br />The City and the Vendor agree as follows: <br />ARTICLE 1 <br />VENDOR'S SCOPE OF WORK AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 The Vendor is responsible for the provision of Products and Services under this <br />Agreement for a turn-key electronic citation solution (the "System") which includes, at a <br />minimum, Brazos Solution hardware and software, related training of City staff, and <br />maintenance for the System, the back-end software for reporting and administrative functions <br />and court specific features for the standardization of all citation processing. In addition, the <br />Vendor will be responsible for the provision of Products and Services as requested by the City to <br />expand the System, as the City deems necessary and enable its use across all City departments. <br />1.0.2 The performance of Services and the provision of Products by the Vendor in connection <br />with this Agreement will be by persons appropriately trained and certified under applicable State, <br />local and Federal laws governing the Products and Services included in this Agreement and those <br />that the Vendor may subsequently provide under this Agreement as applicable. The Vendor <br />represents that it engages in the business of providing Systems of this type to customers, that it <br />has extensive knowledge in technology and current trends related to this type of System and that <br />it provides Products of this nature and performs Services of this character in its normal and <br />customary course of business. The Vendor understands that the City, compared to the Vendor, is <br />relatively unfamiliar with the types of Products and Services required under this Agreement and <br />in executing this Agreement relies on the Vendor's superior knowledge of these types of <br />Products and Services. In performing the Services under this Agreement, the Vendor will use <br />that degree of care and skill ordinarily exercised for similar projects by Vendors who possess <br />special expertise in the types of Products and Services involved under this Agreement. The <br />Vendor certifies that it is an authorized distributor of Brazos Solution hardware and software. <br />1.0.3 The Vendor will not subcontract any work under this Agreement without prior written <br />approval from the City, and such approval will not be unreasonably withheld. Any work the <br />Vendor does subcontract under this Agreement will be specified by separate written Agreement <br />between the Vendor and its subcontractors and will be subject to each provision of this <br />Agreement. <br />Brazos Technology, Hand Held Ticket Writer System Agreement