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<br />99. <br /> <br />METERING EQUIPMENT AND RELATED SERVICES AGREEMENT <br /> <br />This Agreement is made this the 24th day of October , 2000, between <br />the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br />Austech Sales, Inc. (the "Vendor"), P.O. Box 850605, Richardson, Texas 75085-0605, for <br />the provision of metering equipment and related services for the City's electric utility <br />substations. The metering equipment is to be utilized in the central Texas area to meter, <br />capture out-of-Iimit events, store for future reference and analyze currents and voltages <br />by phase, perform supervisory control and serve as control house panel meters in the <br />substations. <br /> <br />The City and the Vendor agree as follows: <br /> <br />ARTICLE 1 <br />VENDOR'S SERVICES <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />The Vendor expressly acknowledges and warrants that: <br /> <br />1.1.1 It provides metering equipment and related services of the nature described in this <br />Agreement in its normal and customary course of business and that the City, compared <br />to the Vendor is relatively unfamiliar with the types of services described in this Agreement <br />and it relies on the Vendor'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 provision of Vendor's services. <br /> <br />1.1.4 Any software provided by the Vendor under this Agreement will meet each of the <br />requirements and representations described in this Agreement, including without limitation <br />all representations of the Vendor included in the Vendor's proposal and the City's Request <br />for Proposals. If demonstrable errors, deficiencies or malfunctions are detected in the <br />scadaVision software after the date of the formal acceptance of the Vendor's work by the <br />City these errors, deficiencies or malfunctions will be corrected in a timely fashion under <br />warranty at no additional cost to the City. This correction may take the form of software <br />additions, modifications, deletions or the provision of substitute software which meets the <br />system 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 equipment provided by the Vendor under this Agreement will meet each of the <br />requirements and representations described in this Agreement, including without limitation <br /> <br />1 <br />