Res 2016-163/approving the procurement of NeoGov Applicant Tracking Software System licenses, support and maintenance from SHI Government Solutions through and in accordance with the State of Texas Department of Information Resources Contract #DIR-SDD-25

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Exhibit B City of San Marcos,Texas Terms and Conditions for High Technology Agreements 1. Standards of Performance true and correct. (a) If required under State, local or Federal laws,the (b) That all computer software,hardware and related performance of all services by the Contractor under services, as applicable, provided by the Contractor to this Agreement will be by persons or persons under the City under this Agreement are merchantable and the supervision of persons appropriately licensed or fit for their intended purposes. The Contractor registered under those laws as applicable. acknowledges that the intended purposes for the services/software/hardware are as stated and (b) Any provision in this Agreement pertaining to the described in the City's RFP, the Contractor's City's review, approval and/or acceptance of written Proposal and the Scope of Services for this materials prepared by the Contractor and/or its Agreement. subcontractors in connection with this Agreement will not diminish the Contractor's responsibility for the (c) That all services performed by or for it under this materials. Agreement will be performed on a timely basis and in a good, professional, and workmanlike manner by (c) The Contractor will perform all of its services in persons having specialized skill and knowledge as to coordination with the City. The Contractor will the services being performed. advise the City of data and information the Contractor needs to perform its services and the Contractor will (d) That the City will have quiet enjoyment of all meet with City representatives at mutually convenient computer software and hardware that may have been times to assemble this data and information. provided by the Contractor under this Agreement,and that no change in the organization, structure or (d) In performing all services under the Agreement, ownership of the Contractor will in any way interfere the Contractor will comply with all local, state and or diminish the City's use, possession and enjoyment federal laws. of the software and hardware. 2. Acknowledgments (e) That any training to be provided by the Contractor as part of its services under this The Contractor expressly acknowledges and warrants: Agreement will be sufficient to enable the City's staff to fully use the required computer software/hardware (a) That it performs services of the nature described for the City's intended purposes. in this Agreement and in the City's Request fory Proposal ("RFP") and the Contractor's proposal 4. Warranty for Correction of Defects in response if applicable, in its normal and customary Software and Hardware course of business. If the Contractor will provide the City with software (b) That the City, compared to the Contractor is or hardware in the course of its engagement with the relatively unfamiliar with the types of products and City, the Contractor warrants that all computer services described in the RFP and in the Contractor's software and hardware provided by the Contractor proposal, and the City, in executing the Agreement, under the Agreement will meet each of the relies upon the Contractor's superior knowledge of requirements and representations described in the these types of products and services. Agreement, including without limitation all representations of the Contractor included in the 3. General Warranties Contractor's proposal. If errors or deficiencies are discovered after the date of the formal acceptance of The Contractor expressly warrants and represents: the software and hardware by the City,the Contractor warrants that it will correct the defects without charge (a) That all information provided in its proposal is to the City, for a period of one (1) year. This 1