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<br />250. <br /> <br />CONSULTING SERVICES AGREEMENT <br /> <br />This Agreement is made this the 23rd day of January ,2001, between <br />the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br />activeG, LLC (the "Consultant"), P.O. Box 957, Mesa, Arizona, 85211 for the provision of <br />professional services in connection with the integration of a Computerized Maintenance <br />Management System ("CMMS") and the Geographic Information System ("GIS"). <br /> <br />The City and the Consultant agree as follows: <br /> <br />ARTICLE 1 <br />CONSULTANT'S SERVICES <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />The Consultant expressly acknowledges and warrants that: <br /> <br />1.1.1 It performs consulting services of the nature described in this Agreement in its <br />normal and customary course of business and that the City, compared to the Consultant <br />is relatively unfamiliar with the types of services described in this Agreement and it relies <br />on the Consultant's superior knowledge in these types of services. <br /> <br />1.1.2 It will comply with all applicable federal, state and local laws pertaining to this <br />Agreement. <br /> <br />1.1.3 All software provided under this Agreement is merchantable and fit for its intended <br />purpose in the integration of the CMMS and the GIS. <br /> <br />1.1.4 Any software provided by the Consultant under this Agreement will meet each of the <br />requirements and representations described in this Agreement, including without limitation <br />all representations of the Consultant included in the Consultant's proposal. If errors or <br />deficiencies are discovered after the date of the formal acceptance of the system by the <br />City, the Consultant warrants that it will correct the defects, without charge to the City, for <br />a period of ninety (90) days. This correction may take the form of software additions, <br />modifications, deletions or the provision of substitute software which meets the system <br />functions as specified in this Agreement. All software additions, modifications and <br />substitution must integrate fully with other software packages in the system. <br /> <br />1.1.5 All services performed by or for it under this Agreement will be performed on a timely <br />basis, and in a good and workmanlike manner by persons having specialized skill and <br />knowledge as to the services being performed. <br /> <br />1.1.6 The City shall have quiet enjoyment of all software provided by the Consultant, and <br />that no change in the organization, structure or ownership of the Consultant shall in any <br /> <br />1 <br />