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Board of County Commissioners of Indian River County February 13, 2008 #8010 — 66`h Avenue Project Page 2 PART II ADDITIONAL SERVICES Additional services required as a result of substantial changes in the established project program or concept, unforeseen constraints or as requested by the Client will be billed at the hourly rates referenced below and will require Client authorization. These services may include additional schematic plans, other illustrative graphics, meetings with elected or appointed officials, or government approval related services. Terms: It is agreed that HCG, Inc . is acting as agent for the Client. Financial obligations for payment of outside services are the responsibility of the Client. Fixed fees shall be billed monthly on a percentage basis of professional services completed. Hourly services shall be billed on a monthly basis at the rates specified below. Payment shall be received within the time frames provided in the Florida Local Government Prompt Payment Act F. S . 218 . 72 . Revisions to hourly not to exceed contracts will require Client authorization . Fees and terms are subject to renegotiation unless accepted within thirty (30) days or if accepted but services go beyond nine (9) months due to circumstances beyond the Consultant's control . A County cannot consent to a lien by law. Invoices shall be paid in accordance with the Florida Local Government Prompt Payment Act. In the event any legal action is brought by either of the parties hereto to enforce or interpret the provisions of this agreement, it is expressly agreed that the party in whose favor final judgment shall be entered shall be entitled to recover from the other party reasonable attorney ' s fees incurred at either the trial or appellate level in addition to any other relief which may be awarded .". In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date, the consultant may stop work and initiate collection and/or legal proceedings to collect the same. The Consultant is not responsible for application fees and in no way are payment of our fees contingent upon government approvals unless otherwise stated . Reimbursables: A seven percent (7%) charge will be included for standard office expense items, i .e . , general copying, postage, routine long distance toll calls, regular size plots and prints, etc. Additional costs and expenses for large items, color prints and plots will be separately added . These additional expense items include, among others: express deliveries, large copy projects, extraordinary telephone charges, conference calls, out of town travel expenses in accordance with F. S . (including all meals and lodgiuo whiie uui of town ), signage, certified mail and title searches . Post Project Services: On any project for which construction drawings and specifications were prepared by the Consultant and/or Landscape Architect and a certification of construction is required by any regulatory agency, the Client shall employ the Consultant and/or Landscape Architect to perform resident project services for observation of the installation work. Unless the Consultant and/or Landscape Architect is engaged for project services, they will not be in a position to certify the work to those regulating agencies having jurisdiction and requiring certification . The Consultant and/or Landscape Architect will endeavor to provide protection for the Client against defects and deficiencies in the work of the Contractor. The Consultant and/or Landscape Architect will not assume liability forjob safety or the performance of the Contractor. T.\Dowments\Contrane,2008\8010Indian River Cly Rev2 - 66th Ave - Eminent Domain doe