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.~ i <br />~ ~ <br />RETURN THIS COPY TO THE CLERK'S <br />OFFICE FOR THE PERMANENT AGENDA FILE <br />STATE OF NORTH CAROLINA AGREEMENT FOR SURVEYING <br />THE COUNTY OF ORANGE SERVICES <br />This Agreement, .made and entered into this the ~~ day of ~ , 2006, by <br />and between The County of Orange, on behalf of its Solid ste Dep ent, herein <br />referred to as "County", and Summit Consulting Engineers, herein referred to as <br />"Surveyor", for services during the continued operation of the Orange County Landfill, <br />herein referred to as "landfill", and other services the County may require. <br />WITNESSETH <br />That for and in consideration of mutual promises and conditions set forth below, the <br />County and Surveyor agree as follows: <br />A. Duties of the Survey: Surveyor agrees to provide surveying services that the <br />County may require during the operation of the landfill and other surveying services <br />that the County may require. Surveyor shall provide a written scope of work and <br />budget for approval prior to commencing work. <br />B. Duties of the County: County shall provide direction to the Surveyor as to specific <br />services required. The Surveyor shall submit a written scope of work and estimated <br />budget for approval, at the County's sole discretion, prior to commencing work. <br />C. Relationship of Parties: Each party is, and shall remain, an independent contractor <br />with respect to all services performed under this Agreement. Each party shall select <br />the means, method, and manner of performing their respective services herein. <br />Nothing is intended or should be construed in any manner as creating or establishing <br />the relationship of co-partners between the parties hereto or as constituting either <br />party as the agent, representative, or employee of the other for any purpose or in any <br />manner whatsoever. Each party represents that it has or .will secure at its own <br />expense. all personnel required in performing their respective services under this <br />Agreement. Any and all personnel of either party or other persons engaged in the <br />performance of any work or services under this Agreement shall have no contractual <br />relationship with the other party, and shall not be considered an employee of any <br />other party. Any and all claims that might arise under the Unemployment <br />Compensation Act, the Workers' Compensation Act of the State of North Carolina, or <br />any other applicable Federal. or State law, rule, or regulation on behalf of said <br />personnel, arising out of employment or alleged employment, including, without <br />limitation, claims of discrimination against either party, its officers, agents, <br />contractors, or employees shall in no way be the responsibility of the other party. To <br />the extent permitted by law, each party shall defend, indemnify, and hold the other <br />-party, its officers, agents, and employees harmless from any and all such claims. <br />Such personnel or other persons shall neither require nor be entitled to any <br />compensation, rights, or benefits of any kind whatsoever from. the other party, <br />including, without limitation, tenure rights, medical and hospital care, sick and <br />