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This Agreement is made this the 1 5th day of April , 2008, between the City <br />of San Marcos, Texas (the "City"), 630 East Hopkins, San Marcos, Texas 78666 and Eka <br />Systems (the "Vendor"), 20201 Century Blvd, Suite 250, Germantown, Maryland 20874 for the <br />provision of services and equipment components necessary for the design and installation of a <br />complete and functional Advanced Metering Infrastructure System for the City of San Marcos. <br />City and the Vendor agree as follows: <br />ARTICLE 1 <br />VENDOR'S SERVICES RESPONSIBILITIES <br />1.1 PROJECT DESCRIPTION; STANDARDS OF PERFORMANCE <br />1.1.1 The Vendor is responsible for the proper, accurate and adequate design, and installation <br />of an Advanced Metering Infrastructure ("AMI") System (the "Project"). The Project generally <br />consists of two phases: <br />Phase 1 - ("AMI") Pilot (includes Alpha Pilot Services and Beta Pilot Services); and <br />Phase 2 -Full Scale Deployment <br />Phase 1 services include: <br />a) The provision, integration and management of electric meters and the water meter <br />nodes as specified in this specified in this Agreement for City approved Alpha <br />and Beta sites. <br />b) Assistance in the installation of Gateways and Relays as required in Phase 1 <br />locations. <br />c) Training of City personnel in electric and water meter node integration, <br />Network Manager and Data Manager; and <br />d) Confirmation of System acceptance criteria for the both the Alpha and the Beta <br />Pilot Services with the appropriate City personnel. <br />Phase 2 services include: <br />a) The installation of approximately 20,000 single phase CL 100/200 and CL 320 <br />FM2S 240 v residential electric meters and approximately 800 single phase and <br />three-phase commercial and industrial electric meters and project management <br />required to facilitate the installation. <br />b) Collection of standard field exchange data to include latitude and longitude <br />verified for accuracy and provided to the City in an electronic format. <br />c) Deployment of meters as determined after the Radio Frequency ("RF") <br />propagation study. <br />The Project start date is the day and year first written above as established in the first <br />paragraph of this Agreement. <br />Advanced Metering Infrastructure Agreement Page 3 <br />