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<br />~ <br /> <br />\. <br /> <br />\. <br /> <br />THE CITY OF SANTA ANA <br />COMPUTER AIDED DISPATCH PRIMARY AGREEMENT <br /> <br />~I ~ _ This agreement ("Agreement") is made this (). \ day of <br />,I-t-VY)OU\. , 2005 (the "Effective Date") between the City of <br />Sant Ana, a municipal corporation (hereinafter referred to as <br />the "City"), and Positron Public Safety Systems Corp, a company <br />duly incorporated under the laws of Georgia having a place of <br />business at 5101 Buchan Street, Montreal, Quebec, H4P 2R9 <br />(hereinafter referred to as the "Contractor"), both of which may <br />be sometimes referred to herein as the "parties", subject to the <br />following statements of fact: <br /> <br />A. The City issued a written Request for Proposals for Computer <br />Aided Dispatch (CAD) system, dated February 17th,2004, <br />seeking certain computer system hardware, software and <br />related services to support the City's law enforcement <br />communication operations. <br /> <br />B. In response to the City's Request for Proposal, the <br />Contractor submitted a written proposal dated March 17th, <br />2004. <br /> <br />C. Following a proposal evaluation process and negotiations, <br />the City has agreed to acquire, and the Contractor has <br />agreed to provide the City with, a Computer Aided Dispatch <br />(CAD) system with required modules and interfaces, which in <br />totality are referred to as the "System". <br /> <br />D. <br /> <br />It is expressly understood that this Agreement is by and <br />between two (2) independent parties and that no agency, <br />employee, partnership, joint venture or other relationship <br />is established by this Agreement. The intent by both the <br />City and the Contractor is to create an independent <br />contractor relationship. The Contractor expressly <br />acknowledges and accepts its tax status and the tax <br />consequences of an independent contractor. Further, as an <br />independent contractor, the Contractor expressly <br />acknowledges and accepts that it has no rights, benefits, <br />privileges and/or claims in any form whatsoever under, from, <br />through and/or pursuant to the and City of Santa Ana Civil <br />Services Rules. <br /> <br />NOW, therefore, it is hereby agreed by the parties as follows: <br /> <br /> <br />Primary Agreement <br /> <br />Page 1 <br />