Res 1998-183 - Laserfiche WebLink

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89 PROFESSIONAL SERVICES AGREEMENT FOR THE IMPLEMENTATION OF A PUBLIC ACCESS TELEVISION SYSTEM This Agreement is made this the 15th day of September , 1998, between the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Pro Line Video ( the "Consultant"), 2601 McHale Court #140, Austin, Texas 78758 , for the implementation of a public access television system. The City and the Consultant agree as follows: ARTICLE 1 CONSULTANT'S SERVICES AND RESPONSIBILITIES 1.1 STANDARDS OF PERFORMANCE 1.1.1 Consultant will be responsible for the proper implementation of a television system (the "System") for producing live television programming and taped rebroadcasts from the City Council Chambers at City Hall (the "Project"). 1.1.2 The Consultant acknowledges that it designs, sells and services television equipment applications for governmental units in its normal and customary course of business and that the City, compared to the Consultant, is relatively unfamiliar with television equipment applications, and in executing this Agreement, the City relies upon the Consu)tant's superior knowledge of television equipment applications. The performance of a1\ services by the Consultant in connection with this Agreement will be by persons appropriately licensed or registered under State, local and Federal laws governing their respective consulting disciplines. In performing all services under this Agreement, the Consultant will use that degree of care and skill ordinarily exercised for similar projects by consultants who possess special expertise in the types of services involved under this Agreement. 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. Consultant is City's sole point of contact for this Agreement, including payment issues. Any provisions in this Agreement pertaining to the City's review, approval and/or acceptance of written materials prepared or equipment provided by Consultant and/or its subconsultants, contractors, and subcontractors in connection with this Agreement will not diminish Consultant's responsibility for them. 1.1.3 The Consultant warrants that all equipment provided under this Agreement is new, of merchantable - quality, and meets each of the requirements and representations described in this Agreement, including without limitation all representations of the Consultant included in the Consultant's proposal. If any defects or deficiencies in the equipment are discovered within a period of one year after the date of the formal 1