Res 2001-119 - Laserfiche WebLink

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84. PROFESSIONAL SERVICES AGREEMENT This Agreement is made this the ?nt"l1 day of Tllnp , 2001, between the City of San Marcos, Texas (the "City"), 630 East Hopkins, San Marcos, Texas 78666 and Applications Software Technology Corporation (the "Consultant"), 1755 Park Street, Suite 115, Naperville, Illinois 60563, for the provision of professional technical, consulting, software installation and training services in connection with the City's project (the "Project") to upgrade its Oracle financial applications system (the "System"). The City and the Consultant agree as follows: ARTICLE 1 CONSULTANT'S SERVICES AND RESPONSIBILITIES 1.1 ACKNOWLEDGMENTS; COORDINATION AND SUBCONTRACTING The Consultant acknowledges and warrants that: 1.1.1 It performs consulting services of the nature described in this Agreement in its normal and customary course of business, and that the City, compared to the Consultant, is relatively unfamiliar with the types of services described in this Agreement and the City relies on the Consultant's superior knowledge for the provision of these services. 1.1.2 It will comply with all applicable local, State and Federal laws pertaining to this Agreement. 1.1.3 All software provided by the Consultant to the City under this Agreement will be merchantable and fit for its intended purpose. The Consultant acknowledges that the intended purpose for the software is to upgrade the City's Oracle financial applications software to perform all of the functions described in Part 3.C.1 of the City's Request for Proposal. 1.1.4 All software provided by the Consultant under this Agreement will meet each of the requirements and representations described in this Agreement, including without limitation all representations of the Consultant included in the Consultant's response dated April 24, 2001 to the City's request for proposals. If errors or deficiencies are discovered after the date of the formal acceptance of the Project by the City, the Consultant warrants that it will correct the defects, without charge to the City, for a period of ninety (90) days. This correction may take the form of software additions, modifications, deletions or the provision of substitute software which meets the functions of the System as specified in this Agreement. All software additions, modifications and substitution must integrate fully with other software packages in the System. 1.1.5 If required under state, local or federal laws, services performed by the Consultant 1