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BK:00025 PG:0105 <br />AGREEMENT FOR PROFESSIONAL SERVICES <br />This Agreement is made this _ day of 2012 between L.E Wooten & <br />Company, Inc., dba The Wooten Company, a North Carolina corporation, <br />( "CONSULTANT ") and the County of Lee ( "CLIENT "). <br />1. Services CONSULTANT agrees to perform Basic Services and (if properly <br />requested in writing) Additional Services at the rates and in the manner described in the <br />Scope of Work, attached hereto as Exhibit A (the "Services" or "Work ") and in <br />accordance with Exhibits B, C, and D which are also attached hereto, all of which are <br />hereby incorporated herein by reference. The rates or lump sum amounts shown in <br />Exhibit A may be adjusted by Consultant if the time for the completion of the project is <br />extended due to causes other than the negligence of CONSULTANT. <br />2. Authorization CLIENT authorizes CONSULTANT to begin performing these <br />SERVICES upon the execution of this Agreement and hereby approves and ratifies any <br />SERVICES performed by CONSULTANT for CLIENT prior to the execution of this <br />Agreement. <br />3. Payment of Invoices CONSULTANT will submit invoices to CLIENT based on <br />hourly or cost plus rates or, if the Services are being performed on a lump sum basis, <br />based upon CONSULTANT's estimate of the proportion of the total services actually <br />completed during the billing period. CLIENT recognizes that timely payment is a <br />material part of this Agreement. Each invoice is due and payable within thirty (30) <br />calendar days of the date of the invoice. CLIENT will pay an additional charge of one <br />and one -half percent (18% annually) per month not to exceed the maximum rate <br />allowed by law for any payment received by CONSULTANT more than thirty (30) <br />calendar days from the date of the invoice. <br />4. Disputed Invoices If CLIENT disputes any part of an invoice, CLIENT will notify <br />CONSULTANT in writing of such dispute within thirty (30) days of the date of such <br />invoice. If CLIENT fails to notify CONSULTANT as required above, CLIENT waives any <br />and all claims, rights and defenses related to the work covered by such invoices. <br />CLIENT will pay when due that portion of invoice, if any, not in dispute. If CLIENT fails <br />to pay any undisputed invoiced amounts within thirty (30) calendar days of the date of <br />the invoice, CONSULTANT may suspend its performance or terminate this Agreement <br />without incurring any liability to CLIENT and without waiving any other claim against <br />CLIENT. All time spent and expenses incurred, including any attorney's fees, in <br />connection with the collection of any delinquent amount will be paid by CLIENT to <br />CONSULTANT per CONSULTANT's standard fee rates. <br />5. Subconsultants /Subcontractors CLIENT understands and agrees that <br />CONSULTANT may hire subconsultants to assist in the performance of the Services. <br />Agreement for Professional Services Pagel of 25 <br />Lee County FY 2011 CDBG <br />Scattered Site Housing Grant Administration <br />