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40 410 Article 8. OWNER. The property to be maintained is owned by Indian River County and administered by the Indian River County Department of Utility Services. Its representative person, hereinafter called County, is whomever is to act as the County's representative, assumes all duties and responsibilities and has the right and authority assigned to him in the contract documents in connection with professional administration of the contract as specified in accordance with the contract documents. The County's representative is to be the Director of Utility Services or his representative. Article 4. PAYMENT FOR THE SERVICES 4.1 The County shall pay the CONTRACTOR a fee for the completion of basic services in monthly progress payments for the term of the contract. The total yearly fee for this contract is $35,000.00. The County shall withhold the last months payment pending final delivery of items contained within the scope of work. 4.2 The CONTRACTOR shall submit a monthly statement and monthly operational report prior to payment by the County. The Contractor in electronic format (Excel and/or MS Word) will provide all data and reports to the Owner. 4.3 The County shall make prompt monthly payments to the CONTRACTOR in accordance with the Florida Prompt Payment Act, Florida State Statutes 218.70. AMcle 5. PERIOD OF SERVICE 5.1 The period of service specified in this contract is a two- (2) year period from the date of execution of this agreement. 5.2 This contract may be renewed annually for three separate terms at the County's option with approval of the Board of county Commissioners. The yearly contract fee will remain the same thru 2005. Article 6. SUCCESSORS AND ASSIGNS 6.1 The CONTRACTOR shall not assign, or transfer any rights under or interest in this agreement without written consent of the County, except to the extent that any assignment or law mandate transfer or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this contract. 6.2 The CONTRACTOR may employ an independent contractor as to assist in the performance of service in accordance with this contract, upon written approval of the County. The independent contractor; if accepted by the County shall be bound to the same terms of this agreement. 6.3 Nothing under this contract shall be construed to give any rights or benefits to any one other than the County (OWNER) and CONTRACTOR. All duties and responsibilities pursuant to this contract will be for the sole and exclusive benefit of the OWNER and CONTRACTOR and not for the benefit of any other party. 4 of 6