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Board of County Commissioners of Indian River County February 13, 2008 #8010 — 66'r' Avenue Project Page 3 Ownership and Use of Documents: Drawings and Specifications as instruments of service are and shall remain the property of the Consultant and/or Landscape Architect whether the project for which they are made is executed or not. The Client shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference in connection with Client's use and occupancy of the project. The drawings and specifications shall not be used by the Client on other projects, for additions to the project, or for completion of the project by others provided the Consultant and/or Landscape Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Consultant and/or Landscape Architect. Termination: The obligation to provide further services under this agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms herein . In the event of any termination, the Consultant will he paid for all services rendered to the date of termination.. all expenses subicct to reimbursement hereunder, and other reasonable expenses incurred by the Consultant as a result of such termination . Hourly Rates: PRINCIPAL $180. 00 SENIOR PLANNER/ PROJECT MANA GER $ 140. 00 PROJECT MANAGER $110. 00 SENIOR PROJECT DESIGNER/PLANNER $ 95. 00 PROJECT DESIGNERIPLANNER $ 175. 00 TECHNICAL SUPPORT $ 55. 00 STAFFSUPPORT $ 35. 00 Not to exceed $20, 000. 00 without permission by the County Administrator or Board of County Commissioners The CLIENT recognizes and acknowledges that the HCG has fully explained that at the early stage of this representation it is impossible to determine the total fees which will ultimately be incurred and specifically has explained that the total prof!se.ional fees and costs incurred may exceed the amount in this proposal. HCG shall use its best judgment to determine the amount of time, who is to perform the work, and the nature of the services to be performed in the CL IENT' s best interest. CLIENT and HCG mutually agree one to the other that the HCG shall submit monthly invoices so that the CLIENT is aware at all times of CLIENT' s outstanding obligation to the HCG and CLIENT shall discharge said obligation promptly. Consultant shall have no liability of any kind for negligence or otherwise in respect to any performance by Consultant pursuant to this agreement. Consultant shall not be liable for any incidental, special or consequential damages, unless otherwise agreed to in writing. In no event shall Consultant's liability for services performed under this agreement exceed the amount of money paid by Client to Consultant under this agreement. T9 DocumenlskCunraat 2008\8010 Indian River Cry Re Jt - b6th Ave - Etnnnent Domaindoc