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NORTH CAROLINA <br />CABARRUS COUNTY <br />CONTRACT FOR PROFESSIONAL SERVICES <br />BETWEEN COUNTY OF CABARRUS AND SPATIAL FOCUS, INC <br />THIS AGREEMENT, made and entered into this _ day of January, 2008, by and <br />between Cabarrus County, North Carolina (the "County"), party of the first part; and Spatial <br />Focus, Inc., (the "Provider"), party of the second part; <br />WITNESSETH: <br />For the purpose and subject to the terms and conditions hereinafter set forth, the <br />County hereby contracts for the services of the Provider, and the Provider agrees to provide the <br />services to the County in accordance with the terms of this Agreement. <br />I. SERVICES TO BE PROVIDED <br />The services to be performed by the Provider are described in Attachment A, "Scope of <br />Services". <br />II. TERM <br />The services of the Provider shall begin on January 8, 2008 and unless sooner <br />terminated by mutual consent or as hereinafter provided, shall be provided until September 30, <br />2008; provided that Provider shall have the right to terminate this Agreement for services upon <br />thirty (30) days' notice in writing to the County, and the County shall have the right to terminate <br />this Agreement upon thirty (30) days' notice in writing to the Provider. This Agreement is <br />subject to the availability of funds to purchase the specified services and may be terminated at <br />any time if such funds become unavailable. <br />III. PAYMENT <br />As full compensation for the Provider's services, the County agrees to pay the Provider <br />as billed for service delivery. <br />The Provider shall bill the County for services rendered during the proceeding thirty (30) <br />days. The County shall pay all such bills within the following twenty (20) days provided all <br />elements of this Agreement are satisfactorily met. <br />V. RELATIONSHIP OF PARTIES <br />The Provider shall operate as an independent contractor, and the County shall not be <br />responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an <br />employee with respect to the services performed hereunder for federal or state tax, <br />unemployment or workers' compensation purposes. The Provider agrees that neither federal, <br />nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the <br />Provider or the employees of the Provider. The Provider further agrees that the Provider is fully <br />responsible for the payment of any and all taxes arising from the payment of monies under this <br />Agreement. The Provider shall not be treated as an employee with respect to the services <br />performed hereunder for purposes of eligibility for, or participation in, any employee pension, <br />health, or other fringe benefit plan of the County. The County shall not be liable to the Provider <br />for any expenses paid or incurred by the Provider unless otherwise agreed in writing. The <br />Provider shall supply, at his sole expense, all equipment, tools, materials, and supplies required <br />to provide the contracted services unless otherwise agreed in writing. The Provider shall <br />~" ~ <br />