Agmt09 Hart Howerton, Ltd - Laserfiche WebLink

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ATTACHMENT A — STANDARD TERMS AND CONDITIONS 1.1 Contracting Parties: The Hart Howerton firm identified Fees quoted in the Proposal and rates specified herein do not in the Acknowledgment below ( "Hart Howerton" or "HH ") include any form of tax, which must be added and paid by the shall perform the scope of work ( "Services ") described in the Client, if applicable (including but not limited to foreign Proposal in accordance with the following terms and conditions. withholding tax, value added tax, Hawaii GET, etc.). Any The "Client" is the person or entity identified as such in the initial /retainer payment called for by the Proposal will be Acknowledgment below. The "Project" is the project identified credited to the final invoice. in the Proposal. 1.5 Reimbursable Expenses: Pass - through consultant 1.2 Client Responsibilities: The Client shall provide a fees and other expenses such as travel, printing, CAD plotting, representative authorized to act on the Client's behalf, provide reproduction, copying, postage, shipping, fax, telephone, full information regarding the Project, and shall render decisions special renderings, mock -ups, etc. shall be billed by HH at cost on submissions by HH in a timely manner relative to the plus 15 %. Interoffice travel by HH staff between HH offices schedule and comply with any obligations on its part identified in required to perform these services will be billed at cost the Proposal. without markup. See Schedule of Reimbursable Expenses. 1.3 Rates and Estimates: The hourly rates on which the 1.6 Payment: All invoices are due and payable upon Proposal has been estimated and which shall apply to Additional receipt regardless of the Client's project funding mechanism, Services are: non - performance of business partners, the approval of any government or agency of government, or the initiation of Title US Dollars GB Pounds construction or sales. Hart Howerton expressly reserves the $ Sterling £ right to suspend its service and /or terminate this agreement Principal $225 -450 £140 -280 should any invoice remain unpaid 45 days past the invoice date. A late charge and rebilling fee of 1.5% per month will be Sr. Associate/ $150 -200 £95 -125 added to, and be payable with, all amounts not paid within 45 Associate days of the invoice date. All rights of set off at common law Project Manager/ $135 -165 L60-100 or in equity which the Client would otherwise be entitled to Job Captain exercise are expressly excluded. Design, Production $75 -145 £50 -90 and Admin staff 1.7 Termination: Either party may terminate this agreement for any reason or for no reason after giving twenty These rates apply to the current period and are subject to (20) working days written notice to the other party. In the increase by HH each January 1 and July 1 or when foreign event of termination of this agreement, HH shall be paid in exchange rates cause the hourly rates to decrease in relation to full for all time (at standard bill rates above) and reimbursable the USD or GBP by more than 5% from the rate at the date of expenses committed and incurred up to the date of this Proposal. Travel time shall be charged at 50% of these rates. termination or which cannot reasonably be avoided, or in the case of a fixed fee assignment HH shall be paid in full for the Unless the proposal establishes a fixed fee or fee cap, any percentage of work complete as reasonably determined by estimate in the Proposal is an estimate only. If it appears that the HH. Save for the Client's obligation to make these payments fee will exceed the estimate, HH shall advise the Client. If the neither party shall have any other liability to the other in case Proposal establishes a fixed fee or fee cap, the fixed fee or cap of termination. applies only to the basic services specified in the Proposal, and not to Additional Services. 1.8 Standard of Care: In the performance of its duties and obligations under and in connection with this agreement, The fee basis for Additional Services shall be at the rates set HH shall perform in a manner consistent with that degree of forth above. Additional Services are services beyond the basic care and skill ordinarily exercised by members of the same services described in the Proposal, and may result from a variety profession currently practicing under similar circumstances at of factors including (1) changes that increase the size, quality or the same time and in the same or similar locality. complexity of the Project; (2) directives that are inconsistent with Notwithstanding any other provision of this agreement or the approvals previously given by the Client; (3) revisions to Proposal, no greater duty shall be imposed on HH. documents caused by a change in the construction budget and /or the schedule; (4) change in schedule. 1.9 Instruments of Service: All HH documentation for this Project shall be provided to the Client in the English 1.4 Invoices: Unless other payment terms are set forth in (USA) language. All Instruments of Service shall be provided the Proposal, fees for professional services and reimbursable in either imperial units of measure or metric units unless expenses shall be billed monthly. Invoices will generally be for specifically agreed otherwise between the Client and HH. work and expenses performed or incurred during the fiscal month prior to the date of invoice for the defined scope of work.