2008 - 01-07-08 Regular Meeting - Laserfiche WebLink

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H) BOOK 21 nGE 975 0 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made this day of January, 2008 between L.E. Wooten & Company, Inc., d/b/a The Wooten Company, a North Carolina corporation, ("CONSULTANT") and County of Lee ("CLIENT"). 1. Services: CONSULTANT agrees to perform Basic Services and (if properly requested in writing) Additional Services at the rates and in the manner described in the Scope of Work, attached hereto as Exhibit A reference (the "Services" or "Work".) and in accordance with Exhibits B, C, and D which are also attached hereto, all of which are hereby incorporated herein by. The rates or lump sum amounts shown in Exhibit A may be adjusted by Consultant if the time for the completion of the project is extended due to causes other than the negligence of CONSULTANT. 2. Authorization: CLIENT authorizes CONSULTANT to begin performing these SERVICES upon the execution of this Agreement and hereby approves and ratifies any SERVICES performed by CONSULTANT for CLIENT prior to the execution of this Agreement. 3. Payment of Invoices: CONSULTANT will submit invoices to CLIENT based on hourly or cost plus rates or, if the Services are being performed on a lump sum basis, based upon CONSULTANT's estimate of the proportion of the total services actually completed during the billing period. CLIENT recognizes that timely payment is a material part of this Agreement. Each invoice is due and payable within thirty (30) calendar days of the date of the invoice. CLIENT will pay an additional charge of one and one-half percent (18% annually) per month not to exceed the maximum rate allowed by law for any payment received by CONSULTANT more than thirty (30) calendar days from the date of the invoice. 4. Disputed Invoices: If CLIENT disputes any part of an invoice, CLIENT will notify CONSULTANT in writing of such dispute within thirty (30) days of the date of such invoice. If CLIENT fails to notify CONSULTANT as required above, CLIENT waives any and all claims, rights and defenses related to the work covered by such invoices. CLIENT will pay when due that portion of invoice, if any, not in dispute. If CLIENT fails to pay any undisputed invoiced amounts within thirly (30) calendar days of the date of the invoice, CONSULTANT may suspend its performance or terminate this Agreement without incurring any liability to CLIENT and without waiving any other claim against CLIENT. All time spent and expenses incurred, including any attorney's fees, in connection with the collection of any delinquent amount will be paid by CLIENT to CONSULTANT per CONSULTANT's standard fee rates. 5. Subconsultants/Subcontractors: CLIENT understands and agrees that CONSULTANT may hire Subconsultants to assist in the performance of the Services. Subconsultants are subject to approval of the CLIENT. Lee County Agreement for Professional Services - Scoirered Site Housing Project FY 05