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<br /> A
<br /> BRAD SMITH ASSOCIATES, INC.
<br /> STANDARD TERMS AND CONDITIONS
<br /> Brad Smith Associates, Inc. (the Consultant) shall perform the services outlined in this agreement for the stated fee arrangement. No prior or present
<br /> agreements or representations
<br /> shall be binding upon any of the parties hereto unless incorporated in this agreement. Modifications or changes in this agreement must be
<br /> in writing and executed by the parties
<br /> bound to this agreement. This agreement is not transferable by either signatory to a third party without the consent of the other principal parts.
<br /> Access to Site.
<br /> Unless otherwise stated, the Consultant will have access to the site for activities necessary for the performance of services. The
<br /> Consultant will take precautions to minimize
<br /> damage due to these activities, but have not included in the fee the cost of restoration of any resulting damage .
<br /> Fee:
<br /> The total fee, as stated in the Agreement, shall be either a fixed fee or, if indicated as an hourly fee arrangement, shall be understood to be an
<br /> estimate which shall not be exceeded
<br /> by more than ten percent (10%) without written approval of the Client. Where the fee arrangement is to be on an hourly basis, the
<br /> rates shall be those that prevail at the time
<br /> services are rendered. Current rates are as follows:
<br /> Principal: . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . $150.00/Hr.
<br /> Project Manager: . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00/Hr.
<br /> Designer1: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
<br />$90.00/Hr.
<br /> Designer It: $78.00/Hr.
<br /> Design Technician/CADD: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $66.00/Hr.
<br /> Accounting/Administrative : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $58.00/Hr.
<br /> Clerical: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
<br />. . . $40.00/Hr.
<br /> Invoicing:
<br /> Invoices for the Brad Smith Associates, Inc. 's services shall be submitted by e- mail at the Consultant's option either upon completion of such
<br /> services or on a monthly basis. All
<br /> invoices shall be paid in full and received at the Consultant's office 20 days after the invoice date.
<br /> Discount Credit:
<br /> Brad Smith Associates, Inc. extends a 2% DISCOUNT CREDIT on all "professional service fees" paid in full and received at the Consultant's office, 10
<br />days after the invoice date.
<br /> Finance Charge:
<br /> Your finance charge is computed by a single periodic rate of 1 . 5% per month (minimum charge of $1 .00), which is an annual percentage rate
<br /> of 18% and may be computed on all
<br /> past due balances.
<br /> Past Due Payments:
<br /> A late payment fee of $25.00 may be applied to payments received after the invoice due date in addition to the finance charge.
<br /> Retainer Payments:
<br /> Retainer payments shall be credited against the final invoice. In the event the Client has paid a retainer to the Consultant,
<br /> and services have been suspended because of
<br /> nonpayment, the Consultant shall be entitled to apply the retainer to cover any sums due from the Client up to the date of suspension.
<br /> Prior to resuming services after such
<br /> suspension, the Client shall remit to the Consultant sufficient funds to replenish the retainer to its full prior amount.
<br /> Reimbursable Expenses:
<br /> In addition to the summarized fees, Brad Smith Associates, Inc. will be paid for all reimbursable expenses including: reproduction and duplication
<br /> of documents, mileage, postage,
<br /> telecommunications, subcontractor expenses, and other out-of-pocket expenses. An administrative handling fee of 15% will be added for all reimbursable
<br /> expenses.
<br /> Additional Services,
<br /> If, during the progress of the development of plans or construction, the Client requests the Consultant to perform additional services
<br />other than those defined in the Agreement,
<br /> payment for such work shall be negotiated prior to commencement of the work based on the prevailing hourly rates.
<br /> Suspension of Services:
<br /> If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Consultant may suspend performance of services upon
<br /> 5 calendar days notice to the
<br /> Client. The Consultant shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach
<br /> of this Agreement by the Client.
<br /> Upon payment in full by the Client, the Consultant shall resume services under this Agreement, and the time schedule and compensation shall be equitably
<br /> adjusted to compensate
<br /> for the period of suspension, plus any other reasonable time and expense necessary for the Consultant to resume performance (remobilization costs).
<br /> Termination of Services,
<br /> If the Client fails to make payment to the Consultant in accordance with the payment terms herein, this shall constitute a material breach of
<br />this Agreement and shall be cause for
<br /> termination of this Agreement by the Consultant. This Agreement may be terminated by either party should the other fail to perform its obligations
<br /> hereunder by giving the other
<br /> party not less than 7 calendar days' notice . In the event of termination of this Agreement by either party, the Client shall within 10 calendar
<br /> days of termination pay the Consultant
<br /> for all services rendered and all reimbursable costs incurred by the Consultant up to the date of termination, in accordance with the payment provisions
<br /> of this Agreement.
<br /> Mediation :
<br /> In an effort to resolve any conflicts that arise during the planning design and construction of the Project or following the completion of the
<br /> Project, the Client and Consultant agree
<br /> that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties
<br /> mutually agree otherwise.
<br /> Risk Allocation:
<br /> In recognition of the relative risks, rewards and benefits of the project to both the Client and the Consultant, the risks have been allocated
<br /> such that the Client agrees that, to the
<br /> fullest extent permitted by law, the Consultant's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses
<br /> arising out of this agreement
<br /> from any cause or causes, shall not exceed ten (10) times our fee or $50,000.00, whichever is less. Such causes include, but are not limited to,
<br />the Consultant's negligence, errors,
<br /> omissions, strict liability, breach of contract or breach of warranty.
<br /> Ownership of Instruments of Service:
<br /> All documents produced by the Consultant as instruments of service shall remain the property of the Consultant. The Consultant shall retain
<br /> all common law, statutory and other
<br /> reserved rights, including the copyright thereto.
<br /> Applicable Laws:
<br /> Unless otherwise specified, this agreement shall be governed by the laws of the State of Florida.
<br /> Initial here : (Consultant) (Client)
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