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PROFESSIONAL SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND JAMES DUNCAN AND ASSOCIATES, INC. This Professional Services Agreement is made by and between Indian River County, a political subdivision of the State of Florida (Client) and James Duncan and Associates, Inc. , doing business as Duncan Associates , a professional corporation located in Austin, Texas (Consultant) . WHEREAS , the County enacted Indian River Code of Ordinances , Title X, Impact Fees , in 2005 ; and WHEREAS, the ordinance requires periodic review of the impact fees charged by the County; and WHEREAS , the County sought qualifications from consulting firms to determine whether changes were necessary to the current impact fee ordinance; and WHEREAS, Client desires to engage Consultant to perform certain services relating to the update of the County's impact fee system , NOW, THEREFORE , in consideration of the mutual covenants and conditions hereinafter provided , Client and Consultant agree as follows. 1 . Independent Contractor. Consultant's relationship to Client shall be that of independent contractor; at all times this relationship shall be governed by and be in strict compliance with the terms of this Agreement for Professional Services. 2 . Scope of Professional Services . Consultant shall furnish services to Client as set forth in Exhibit "A, " which is attached hereto and incorporated herein by reference. 3. Period of Service . Consultant shall begin its services promptly after receipt of an executed copy of this Agreement and will complete the services pursuant to the time schedule set forth in Exhibit "B . " Times for performance shall be extended for periods of delay resulting from circumstances over which Consultant has no control . 4 . Compensation . For services provided by Consultant as described in Exhibit "A, " Client shall compensate Consultant, in accordance with the fee schedule outlined in Exhibit "C. " Client will be billed monthly based on percent completion of individual tasks. Payment of invoices shall be made to Consultant pursuant to the Florida Prompt payment Act, (Florida Statutes § 218 . 70 et. sec . ). 5 . Subcontracting . It is understood that Consultant will not retain the services of any subcontractors other than Dr. James C . Nicholas and Thomas G . Wright Esq . to perform any services as presented in Exhibit "A" unless expressly authorized in advance by Client. 6. Changes and Extra Work. Client may, at any time, request changes in the work to be performed hereunder. All such changes , including any increase or decrease in Consultant compensation , which are mutually agreed upon by and between Client and Consultant, shall be incorporated in written addenda to this Agreement.