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THE CITY OF SANTA ANA <br />COMPUTER AIDED DISPATCH PRIMARY AGREEMENT <br />This agreement ("Agreement") is made this fifth day of <br />September, 2006 (the "Effective Date") between the City of Santa <br />Ana, a municipal corporation (hereinafter referred to as the <br />"City"), and TriTech Software Systems, a company duly <br />incorporated under the laws of California having a place of <br />business at 9860 Mesa Rim Road, San Diego, CA 92121, USA <br />(hereinafter referred to as the "Contractor" or "TriTech"), both <br />of which may be sometimes referred to herein as the "parties", <br />subject to the following statements of fact: <br />A. The City issued a written Request for Proposals for a <br />Computer Aided Dispatch (CAD) system, dated June 12, 2006, <br />seeking certain computer system hardware, software and <br />related services to support the City's fire communication <br />operations. <br />B. In response to the City's Request for Proposal, the <br />Contractor submitted a written proposal dated July 3, 2006. <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 />D. 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 />NOW, therefore, it is hereby agreed by the parties as follows: <br />Primary Agreement Page 1 <br />