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RFP 211 -037 13. ATTACHMENT "E" Citv of San Marcos, Texas Terms and Conditions for Hiqh Technoloqv Services Agreements 1. Standards of Performance (a) If required under State or local or Federal laws, the performance of all services by the Contractor under the Agreement will be by persons appropriately licensed or registered under those laws. (b) Any provisions in the Agreement pertaining to the City's review, approval and /or acceptance of written materials prepared by the Contractor and /or its subcontractors in connection with the Agreement will not diminish the Contractor's responsibility for the materials. (c) The Contractor will perform all of its services in coordination with the City. The Contractor will advise the City of data and information the Contractor needs to perform its services, and the Contractor will meet with City representatives at mutually convenient times to assemble this data and information. (d) In performing all services under the Agreement, the Contractor will comply with all local, state and federal laws and the rules and regulations of all authorities having jurisdiction over communications and electrical construction, including but not limited to the following: 2. Acknowledqments The Contractor expressly acknowledges and warrants: (a) That it performs services of the nature described in the Agreement, the City's Request for Proposal ( "RFP ") if applicable, and in the Contractor's proposal in its normal and customary course of business. (b) That the City, compared to the Contractor is relatively unfamiliar with the types of products and /or services described in the RFP and in the Contractor's proposal, and the City, in executing the Agreement, relies upon the Contractor's superior knowledge of these types of products and /or services. 3. General Warranties 36 The Contractor expressly warrants and represents: (a) That all information provided in its proposal is true and correct. (b) That if software or hardware is provided by the Contractor to the City as part of its services under the Agreement such software or hardware is merchantable and fit for its intended purposes. The Contractor acknowledges that the intended purpose for the software is as stated and described in the City's RFP and the Contractor's proposal. (c) That all services performed by or for it under the Agreement will be performed on a timely basis and in a good, professional, and workmanlike manner by persons having specialized skill and knowledge as to the services being performed. (d) That the City will have quiet enjoyment of all computer software and hardware that may have been provided by the Contractor under the Agreement, and that no change in the organization, structure or ownership of the Contractor will in any way interfere or diminish the City's use, possession and enjoyment of the software and hardware. (e) That any training to be provided by it as part of the Contractor's services under the Agreement will be sufficient to enable the City's staff to fully use the required computer software for the City's intended purposes. 4. Warrantv for Correction of Defects in Software and Hardware If the Contractor will provide the City with software or hardware in the course of its engagement with the City, the Contractor warrants that all computer software and hardware provided by the Contractor under the Agreement will meet each of the requirements and representations described in the Agreement, including without limitation all representations of the Contractor included in the