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THE CITY OF SANTA ANA JAIL MANAGEMENT SYSTEM PRIMARY AGREEMENT This agreement ("Agreement") is made this ~~~ day of f~~ E 2006 (the "Effective Date") between the City of Santa Ana, a municipal corporation (hereinafter referred to as the "City"), and Abbey Group Consultants, a company duly incorporated under the laws of Nevada having a place of business at 923 Tahoe Boulevard, Suite 212, Incline Village, NV 89451 (hereinafter referred to as the "Contractor"), both of which may be sometimes referred to herein as the "parties", subject to the following statements of fact: A. The City issued a written Request for Proposals for Jail management system (JCMS) system, dated June 1, 2005, seeking certain computer system hardware, software and related services to support the City's jail management system operations. B. In response to the City's Request for Proposal, the Contractor submitted a written proposal dated July 14, 2005. C. Following a proposal evaluation process and negotiations, the City has agreed to acquire, and the Contractor has agreed to provide the City with, a Jail Management System (JCMS) system with required modules and interfaces, which in totality are referred to as the "System". D. It is expressly understood that this Agreement is by and between two (2) independent parties and that no agency, employee, partnership, joint venture or other relationship is established by this Agreement. The intent by both the City and the Contractor is to create an independent contractor relationship. The Contractor expressly acknowledges and accepts its tax status and the tax consequences of an independent contractor. Further, as an independent contractor, the Contractor expressly acknowledges and accepts that it has no rights, benefits, privileges and/or claims in any form whatsoever under, from, through and/or pursuant to the and City of Santa Ana Civil Services Rules. NOW, therefore, it is hereby agreed by the parties as follows: Primary Agreement Page 1