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<br /> 1.3J <br /> ,.~ <br /> ~ <br /> ~ <br /> Jl \~~~ ~ <br /> \\ltl\'dí.t\ ~ <br /> sette\at'l ~ <br /> 0\1 ti\'f at^" <br /> ~att( !. 1;7 <br /> ~t\ ~ <br /> 1; <br /> c#\~ <br /> Implementation Services Agreement leoe6't -c" . <br /> <br /> This Agreement is made as of June 23. 1998 J between Interactive Software, Inc., 14114 <br /> Dallas Parkway, Suite 575, Dallas. Texas 75240, (hereinafter "Consultant") and The City of San <br /> Marcos, 630 E Hopkins St., San Marcos, IX 78666. <br /> <br /> 1. GENERAL: Subject to this Agreement, Client hereby hires Consultant, and Consultant <br /> hereby agrees to provide the consulting services to Client as described in the Statement of <br /> Work attached hereto as Exhibit A and referred to under Section 4 (hereinafter collectively <br /> referred to as the "Services"). <br /> 2, INDEPENDENT CONTRACTOR: Consultant ,"",ill perform the Services as an <br /> independent contractor of Client and iliis Agreement will not be construed to create a <br /> partnership, joint venture or employment relationship between Consultant and Client. <br /> Consultant will not represent itself to be an employee or agent of Client and will not enter <br /> into any agreement on behalf of Client. <br /> 3. TERM: This Agreement will become effective as of the date set forth above upon its <br /> execution by Consultant and Client and will expire upon completion of work as set forth in <br /> Exhibit A and B unless completed earlier or extended or terminated pursuant to Section 11 <br /> hereinafter. <br /> 4. SERVICES: Consultant will use its reasonable efforts to perfonn aU Services in a <br /> professional and workmanlike manner satisfactory to Client and in accordance with the <br /> applicable Statement of Work attached as Exhibit A and as established in The City of San <br /> Marcos' RFP # 98-051. Unless otherv.-ise agreed by Consultant, Client will provide all <br /> equipment, workspace, supplies and other items necessary or appropriate to perfonn the <br /> Services, including 3 large monitors, networked computers with print capabilities and <br /> telephone equipment. Consultant may perform the Services at Client's premises or such <br /> other premises that Client and Consultant may deem appropriate. Client will permit <br /> Consultant to have reasonable access to Client'~ premi~es, personnel, computer and <br /> telephone equipment while performing any of the Services at Client's premises. <br /> s. INSURANCE: Consultant will be solely responsible for obtaining and maintaining <br /> appropriate insurance coverage for its activities under this Agreement, including, but not <br /> limited to, comprehensive general liability (bodily injury and property damage) insurance, <br /> Worker's Compensation, Motor Vehicle Liability and professional liability insurance. <br /> Consultant will provide Client with copies of the certificates of insurance. <br /> - <br />