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a. Compensation for Basic Services. The maximum amount payable for Basic Services shall not <br />exceed Fifty Thousand Dollars ($50,000.00). Payment for Basic Services shall become due and <br />payable within thirty (30) days of VisionPoint properly invoicing County. Payment shall be <br />subject to provisions of Section 5(b). <br />b Payment Terms. County shall pay VisionPoint the professional fees and the related expenses in <br />accordance with this Agreement and the Statement of Work. All fees shall be deemed earned and <br />due when VisionPoint has provided the services as ;described in the Statement of Work. If <br />County's responsibilities (such as providing content, providing feedback and approval of <br />milestone deliverables, providing access to stakeholders for interviews, etc.) are not met in a <br />timely manner (i.e. if the project timeline if drawn out for more than 30 days), VisionPoint may <br />bill the County for the entire cost of the project prior'to completion of the project. In addition, <br />VisionPoint has the option to incorporate a 10% surcharge for projects that are stalled more than <br />60 -90 days because of the County. <br />c. Rush Work. The County shall pay an increased hourly; rate for any services requiring work to be <br />performed outside of normal working hours by reason. of unusual deadlines or as a consequence <br />of the County not meeting scheduled times for delivery of information, materials, or approvals. <br />The surcharge for rush work shall be at the standard rate plus. 75 %. Normal working hours for . <br />the Services are as follows. 8 AM -6PM; Monday through Friday, excluding holidays. <br />d. Reimbursable Expenses. The County shall reimburse VisionPoint for all out -of- pocket expenses <br />incurred by VisionPoint with respect to the Services including, but not limited to, expenditures <br />for stock photography, photography, presentation and artwork materials, copies and print outs, <br />postage, local deliveries including messengers, software licenses, and shipping unless otherwise <br />noted in the Statement of Work. <br />e. Disputes. In the event the amount stated on an invoice is disputed by the County, the County <br />may withhold payment of all or a portion of the disputed amount stated on an invoice until the <br />parties resolve the dispute. Should VisionPoint fail to perform its duties under the terms of this <br />Agreement, County may, without fault or penalty, Withhold any payment associated with the <br />work to be performed until such time as said work is completed. Unless alternative arrangements . <br />are made or the amount is disputed by the County, invoices are due within thirty (30) days of the <br />date thereof, and interest will accrue at the rate of 18 % per annum on any balance past due more <br />than thirty days; any balance past due more than sixtydays may result in discontinuation of work <br />by VisionPoint, upon ten (10) days written notice to the County. Also, VisionPoint may elect to <br />initiate internal or external collection procedures.. if legal action is necessary to collect <br />delinquent fees, costs or disbursements of this firm, it is agreed that the firm shall be entitled to <br />an award of its reasonable attorney's fees. so incurred through, trial and appeal of the proceeding. <br />f. Estimates. Any estimates of anticipated fees provided: by VisionPoint at the request of a County, <br />whether for budgeting purposes or otherwise, are, due to the uncertainties involved, necessarily <br />only an approximation of potential fees. Under no circumstances are such estimates a maximum <br />or minimum fee quotation. VisionPoint's actual fees ;will be determined in accordance with the <br />policies described above. <br />g. Additional Services. County shall not be responsiblefor costs related to any services in addition <br />to the Basic Services performed by VisionPoint unless County requests such additional services <br />in writing and such additional services are evidenced by a written amendment to this Agreement. <br />h. Credit. VisionPoint shall have the right to include a credit line on the completed designs or any <br />representations such as drawings, models, digital output or photographs and this same credit <br />shall be included in any publication of the design byi the County. The County shall not, without <br />Reviaed May 9, 2012 <br />2 <br />