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Home My WebLink About2012-012C �0 H -7 U O Via E - Mail JONI JOIN N UC °^ GJVNTh �.1� M .li✓ . January 10 , 2012 420 ILD 00 C Indian River County l � c / o Policastro & LeRoux, P . A . 3090 Charles Ave . Suite 200 Clearwater, Florida 33401 Re : Ind' an River County v . Abaais ; et al . Eminent [Domcin Our Ref. # : 12002 Dear Gentlemen : Thank you for the opportunity to submit this contract proposal . This agreement shall serve as authorization for HJA Design Studio LLC . hereafter referred to as " HJA" to Indian River County, hereafter referred to as the " Client" to provide eminent domain planning support services for the above referenced parcel located on the northwest corner of 66th Avenue and 57th Street in Indian River County . Scope of Services . PART I Eminent Domain Planning Support & Expert Testimony A) Planning Research and Summary Report 1 . Meeting and coordination with client and consultant team . 2 . Review Indian River County Comprehensive Plan and pertinent land development regulations . 3 . Review previous reports , appraisals and staff letters relevant to the parcel . R, / le\n / as . a c I (� n, i�: n }` m .-v c and r u ' c • r r. + 4 . e\ r I an .. p ., uiti 5liiviliiCilig lJ . 5 . Meeting with County Planning staff as requested and review of relevant alternative development sites compared to the subject site . 6 . Prepare a preliminary planning analysis and report including exhibits for Client review and comment . 7 . Meet with Client and consultant team to review planning report conclusions . Deliverables : 1 . Land Use Planning and Analysis Report and Exhibits B) Expert Witness Depositions and Testimony: 1 . Preparation for and attendance at depositions as requested by the Client . 2 . Preparation for and attendance at trial testimony . TERMS AND CONDITIONS 1 ) BILLING . 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. Hourly estimate fees are estimates based on similar professional experience when applicable , and may vary from actual billed amounts based on time expenditures needed to accomplish the scope of services listed , and are not a fixed fee or hourly not to exceed limit . Payment shall be received within thirty ( 30 ) days upon receipt of invoice . 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 . - - I property -of Qwner to the -extent- of -oH- eutstavelirg -s-uncts ,-costs arid -fees -dtfe-- n- the -sanne f I ti 3 ) ADDITIONAL SERVICES . Additional services required as a result of substantial changes in the established project program or concept , unforeseen constraints , major land use change , additions to Property , boundary changes , product type alternatives or revisions as requested by Client will be billed at the hourly rates referenced below and will require Client authorization . These services may include , but are not limited to : additional or alternative conceptual or schematic plans , revisions and changes to completed drawings , other illustrative graphics , certification of construction required by any regulatory agency , meetings with elected or appointed officials , or government approval related services . Hourly Rates for Additional Services : PRINCIPAL $ 180 . 00 SENIOR PLANNER/ PROJECT MANAGER $ 140 . 00 PROJECT MANAGER $ 110 . 00 SENIOR PROJECT DESIGNER/ PLANNER $ 95 . 00 PROJECT DESIGNER/ PLANNER $ 75 . 00 TECHNICAL SUPPORT $ 55 . 00 Rates subject to change without notice 5 ) TERMINATION : The obligation to provide further services under this Agreement may be terminated by either party upon ten ( 10 ) 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 due to a proven default by the Client , HJA will be paid for all services rendered to the date of termination , all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by HJA as a result of such termination . 6 ) PAYMENTS . Payment hereunder to HJA will be made in U .S . Dollars within thirty ( 30 ) days of invoice date by either check or wired to such bank accounts as HJA shall specify . If any payment due to HJA under this Agreement is subject to withholding for income taxes , then Client will pay such taxes as required and will remit the Design Fees to HJA as specified in Section 3 herein . Outstanding amounts past due shall be assessed a monthly service charge of 2 % over the current monthly LIBOR rale . In the event any payment certificate ( certified invoice ) or any portion thereof remains for more than sixty ( 60 ) days following the due date for payment within this period , HJA may notify Client to rectify the default within fifteen ( 15 ) days . If the Client does not affect payment , HJA shall have the right to stop the work and initiate collection and /or legal proceedings . 7 ) INSURANCE . During the term of this Agreement , HJA shall , at its own cost , maintain the following insurance coverage : Professional Liability Insurance in the amount of $ 1 , 000 , 000 each claim . Errors and Orriissions Liability InsurGrlce in the amouni of $ 1 , 0Cv , C00 each uccurr"erice . Comprehensive General Liability Insurance in the amount of $ 1 , 000,000 each occurrence . Comprehensive Automobile Liability Insurance in the amount of $ 500 , 000 combined single limit for bodily injury and property damage liability . Workmen ' s Compensation Insurance and Employer ' s Liability Insurance for all of its employees as required by Florida law . 8) ENTIRE AGREEMENT AND SEVERABILITY . This Agreement constitutes the entire agreement between the parties . The �aartios expressly warrant and represent that , in entering this Agreement , neither party is relying on any promise , agreement or statement , whether oral or written , that is not expressly and fully set forth in this Agreement . If any part of this Agreement is held to be invalid or unenforceable for any reason , the remaining terms and conditions of this Agreement will remain in full force . 9 ) MISCELLANEOUS . This Agreement will be construed in accordance with and governed by the laws of Martin County , Florida in the USA . The language of all documents , deliverables , plans , notices , emails and correspondence between the parties shall be English . Summary of Fees . HOURLY SERVICES PART II Expert Witness Depositions and Testimony FIXED FEE SERVICES PART I Planning Research and Summary Report $4, 200 . 00 Receipt of a signed original proposal and any referenced retainer will be our authorization to proceed. The retainer will be credited toward your last invoice__ It this meets with your approval , please sign and return to our office . This executed agreement will serve as our authorization to proceed with work . This is our understanding of Scope of Work to be performed . If modifications to this proposal are needed please let us know . Sincerely , Michael Houston , President H J A Design Studio ACCEPTANCE OF AGREEMENT The above fees , terms , conditions and specifications are satisfactory and hereby accepted . The Consultant is authorized to do the work as specified . Payment shall be made as outlined above . /1HJA Design Stlic6o LLC . r, /Indian ' ver County Date APPROVE /D AS WiLLcr , �. h3aAt.:p,4. � r pEPLJTYCOI; N7 : E .