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NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement <br />("Maintenance and Support Guidelines"), attached hereto and incorporated by reference. <br />Included within the scope of this agreement are all services previously provided by Consultant to <br />City in relation to the Police Department CAD system. <br />2. COMPENSATION <br />City agrees to pay, and Consultant agrees to accept as total payment for all services <br />provided by Consultant to City, a total sum not to exceed $71,000.00 during the term of this <br />Agreement. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 30, 2012, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of the Police <br />Department and approved by the City Attorney. In order to provide for continuous uninterrupted <br />service to City, this agreement shall include all services previously rendered by Consultant to <br />City. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: