Res 2007-046 - Laserfiche WebLink

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I PROFESSIONAL CONSULTING SERVICES AGREEMENT This Agreement is made this the 7th day of March, 2007, between the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and MetroNetIQ ("Consultant"), 6105 Gun Bow Court, Austin, Texas 78746 for the provision of consulting services in connection with the Wireless Mesh Network Project for the City of San Marcos. City and the Consultant agree as follows: ARTICLE 1 CONSULTANT'S SERVICES AND RESPONSIBILITIES 1.1 STANDARDS OF PERFORMANCE I 1.1.1 Consultant will provide consulting services for a wireless mesh network (the "Project") to include assessment services; creation of a Request for Proposal ("RFP") for the design and implementation of a wireless mesh network to be owned, installed, managed and maintained by a private partner; network acquisition; project management of the network; and negotiation of pole attachment agreements on behalf of the City. The Network will cover the entire city of San Marcos, Texas, to include current and future service delivery areas and to leverage new broadband technologies in order to provide benefits to city leaders, city departments, and residents and visitors of San Marcos. 1.1.2 In performing all services under this Agreement, the Consultant will use that degree of care and skill ordinarily exercised by Consultants that possess special expertise in the types of services involved under this Agreement. The performance of all services by the Consultant in connection with this Agreement will be by persons appropriately trained and/or certified under State, local and Federal laws. The Consultant certifies that it has extensive knowledge of wireless mesh technology and current trends, and municipal wireless installation and implementation and performs these services in its normal and customary course of business. The Consultant understands that the City, compared to the Consultant, is relatively unfamiliar with the types of products and services required under this Agreement and in executing this Agreement relies on the Consultant's superior knowledge of these types of products and services. 1.1.3 No work under this Agreement will be subcontracted by the Consultant without prior written approval from the City. Any work or services subcontracted under this Agreement shall be specified by separate written Agreement and shall be subject to each provision of this Agreement. 1.1.4 Any provIslOns in this Agreement pertammg to the City's review, approval and/or acceptance of written materials prepared by the Consultant and/or its subconsultants, contractors, and subcontractors in connection with this Agreement will not diminish the Consultant's responsibility for the materials. I 1.1.5 Consultant will perform all of its services in coordination with the City. The Consultant Wireless Mesh Contract 1