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ATTACHMENT F <br />Software Maintenance Agreement <br />This Software Maintenance Agreement (the "Maintenance Agreement") is entered into <br />and effective this 2nd day of November, 2009 by and between Brazos Technology Corporation <br />(the "Vendor") having its principal place of business at 707 South Texas Avenue, Suite 1103D, <br />College Station, Texas 77840, (the "Vendor") and the city of San Marcos, a Texas Municipality, <br />having its principal place of business at 630 E Hopkins, San Marcos, Texas 78666 (the "City"). <br />WHEREAS, the Vendor has provided the City with certain software as specified in the <br />Master Agreement and Attachment D to the Master Agreement and pursuant to the Software <br />License Agreement (the "License Agreement") attached to the Master Agreement as Attachment <br />A. <br />WHEREAS, the City wishes to have the Vendor provide maintenance and support <br />services pursuant to the terms and conditions of this Maintenance Agreement; <br />NOW, THEREFORE, both the City and the Vendor agree as follows: <br />LCOVERAGE <br />During the term of this Maintenance Agreement, Vendor agrees to provide maintenance <br />and support services for the Covered Software operating at the site(s) and on the hardware <br />configurations listed in Cost Proposal, Attachment D).. Covered Software does not include <br />hardware vendor operating systems and other system software, City developed software, and <br />third-party software (except any third party software embedded in the Covered Software). <br />Il. DESCRIPTION OF MAINTENANCE SERVICES <br />A. Support Services. During the term of the Master Agreement and in accordance with this <br />Maintenance Agreement, Vendor will provide the referenced Services in order to maintain the <br />Covered Software in good working order, keeping it free from material defects so that the <br />Covered Software will function properly and in accordance with the accepted level of <br />performance as set forth in the Master Agreement and the License Agreement. <br />(1) Service Response. The Vendor will make available to the City a telephone number <br />(the "Support Center HOTLINE") for the City to call requesting service of the <br />Covered Software. The Support Center HOTLINE operates 24 x 7 x 365. The <br />HOTLINE can also be used to notify the Vendor of problems associated with the <br />Covered Software and related documentation. <br />B. Remedial Support. Upon receipt by Vendor of notice from City through the Support Center <br />HOTLINE of an error, defect, malfunction or nonconformity in the Covered Software, <br />VENDOR will respond as provided below: <br />Brazos Technology, Hand Held Ticket Writer System Agreement <br />33