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Page 4 of 8 PROFESSIONAL GIS SERVICES (MASTER) AGREEMENT FOR THE GIS ENTERPRISE NEEDS ASSESMENT and FUTURE DEVELOPMENT STUDY 2005-2006 SECTION VIII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after agreement has been executed , such work shall be the subject of a Supplemental Work Order formally approved by the County Project Manager and/or Board of County Commissioners . SECTION IX — PAYMENTS The COUNTY shall make monthly partial payments ( Based on adequate invoices ) Pursuant to I'IQridcA Prompt Payment cL IC . 0 01070N the C ` SUI�TD T as., nrovided for in this agreement. Invoices and subsequent payments shall be based on a man - hours performed and/or percentage of tasks/phases completed . A ten percent ( 10%) retainage shall be withheld by the COUNTY until all of the CONSULTANT' S work is completely accepted by the COUNTY . If work is held up on the project for six months or greater due to no fault of the CONSULTANT , the CONSULTANT may request release of the accumulated retainage . Unless otherwise stated in the agreement , the CONSULTANT shall submit duly certified invoices in triplicate to the County project manager or designee , prior to payment. The Agreement shall be divided into units of deliverables as outlined in the Scope of Services " Exhibit A" , which shall include , but not be limited to , meetings , reports , findings , drawings , and drafts , that must be received and accepted in writing by the either the County project manager or designee , prior to payment . A standard invoice template is to be created by the CONSULTANT , approved by the COUNTY and shall be utilized for all projects and/or work orders related to this agreement . SECTION X — RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the County project manager or designee who shall decide all questions , difficulties , and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder , and the character, quality , amount and value thereof . The COUNTY's decision upon all claims , questions , and disputes shall be final , conclusive , and binding upon the parties hereto , unless such determination is arbitrary or unreasonable . The County Project Manager shall review adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses . If the CONSULTANT does not concur in the judgment of the County Project Manager as to any decisions made by him or her , it shall present its written objections to the County Administrator of Indian River County , who shall make a decision , and the CONSULTANT shall abide by the County Administrator's decision , unless the decision is arbitrary or unreasonable . SECTION XI — OWNERSHIP AND REUSE OF DOCUMENTS A . Ownership and Copyright: Ownership and copyright of all reports , documents , findings , contract documents , and other data ( excluding proprietary software developed by CONSULTANT for Consultant' s own use in the course of the WORK) , developed by the CONSULTANT pursuant to this Agreement , shall be vested in the COUNTY . The CONSULTANT shall make said materials available to the COUNTY any time upon request of the COUNTY . On or before the tenth day after all work contemplated under this Agreement is complete ; all of the above materials shall be delivered to the County Project Manager. F:\Engineering\Mike O'Brien\My Documents\GIS\GIS Ent\Contract\0532 GIS Needs project MASTER CONTRACT I .doc