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<br />I <br /> <br />I <br /> <br />I <br /> <br />Exhibit "A" <br />City of San Marcos, Texas <br />Terms and Conditions for High Technology Agreements <br /> <br />1. Standards of Performance <br /> <br />(a) If required under State or, local or Federal laws, the performance of all services by The Library <br />Corporation under this Agreement will be by persons appropriately licensed or registered under <br />those laws. <br /> <br />(b) Any provisions in this Agreement pertaining to the City's review, approval and lor acceptance of <br />written materials prepared by The Library Corporation and/or its subconsultants in connection with <br />this Agreement will not diminish the Library Corporation's responsibility for the materials. <br /> <br />(c) The Library Corporation will perform all of its services in coordination with the City. The Library <br />Corporation will advise the City of data and information The Library Corporation needs to perform <br />its services, and The Library Corporation will meet with City representatives at mutually convenient <br />times to assemble this data and inbrmation. <br /> <br />(d) In performing all services under this Agreement, The Library Corporation will comply with all local, <br />state and federal laws. <br /> <br />2. Acknowledgments <br /> <br />The Library Corporation expressly acknowledges and warrants: <br /> <br />(a) That it sells computer software and hardware and performs related services of the nature described <br />in this Agreement, the RFP and in The Library Corporation's proposal in its normal and customary <br />course of business. <br /> <br />(b) That the City, compared to The Library Corporation, is relatively unfamiliar with the types of products <br />and services described in the RFP and in The Library Corporation's proposal, and the City, in <br />executing this Agreement, relies upon The Library Corporation's superior knowledge of these types <br />of products and services. <br /> <br />3. Library Corporation as Independent Contractor <br /> <br />It is expressly agreed that The Library Corporation is an independent contractor, and not an employee, <br />agent, partner or joint venturer with the City. The Library Corporation will not pledge or attempt to <br />pledge the credit of the City. <br /> <br />..-4. Designation of Contact Person <br /> <br />The Library Corporation agrees to designate Mike Willis to coordinate The Library Corporation's <br />performance of obligations under this Agreement. Any changes to this designation must be made by <br />The Library Corporation in writing to the City. <br /> <br />September 2, 2004 <br /> <br />Library Contract <br /> <br />Page 26 of 29 <br />