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<br />CONTRACTUAL SERVICES <br />Page 2 of 16 <br /> <br />F. All services shall be performed by the Consultant to the satisfaction of the <br />Director of Public Works who shall decide all questions, difficulties and <br />disputes of any nature whatsoever that may arise under or by reason of <br />this Agreement, the prosecution and fulfillment of the services hereunder <br />and the character, quality, amount and value thereof, and the decision <br />upon all claims, questions and disputes shall be final and binding upon <br />the parties hereto. Adjustments of compensation and contract time <br />because of any major changes in the work that may become necessary or <br />desirable as the work progresses shall be subject to mutual agreement of <br />the parties, and Supplemental Agreement(s) of such a nature as required <br />shall be entered into by the parties in accordance herewith. <br /> <br />Agreement on and execution of any Supplemental Agreement shall <br />constitute a final settlement and a full accord and satisfaction of all <br />matters relating to the change and to the impact of the change on <br />unchanged work, including all direct and indirect costs of whatever nature, <br />and all adjustments to the CONSULTANT's schedule. If instructed in <br />writing to do so by the CITY, CONSULTANT shall change or revise work <br />that has been performed and if such work is not required as a result of <br />error, omission or negligence of CONSULTANT, CONSULTANT may be <br />entitled to additional compensation. CONSULTANT must submit for CITY <br />approval, a revised proposal with a revised fee quotation. Additional <br />compensation, if any, shall be agreed upon before commencement of any <br />such additional work and shall be incorporated into the Work by written <br />Change Order to the Supplemental Agreement. <br /> <br />G. In the event the work covered by this Agreement includes the preparation <br />of construction plans, it is understood that the work may be divided into <br />two or more construction projects by the Director and that, if this is done, <br />the Consultant shall supply construction plans for each project. <br /> <br />H. The Consultant shall not be liable for use by the City of plans, documents, <br />studies or other data for any purpose other than intended by the terms of <br />this Consultant Agreement. <br /> <br />I. All tracings, plans, specifications, maps, computer files and/or reports <br />prepared or obtained under this Agreement, as well as all data collected, <br />together with summaries and charts derived therefrom, shall be <br />considered works made for hire and shall become the property of the City <br />upon completion or termination without restriction or limitation on their use <br />except as set forth above in Paragraph 1.H.; and shall be made available, <br />upon request, to the City at any time during the performance of such <br />services and/or upon completion or termination of this Agreement. Upon <br />delivery to the City of said document(s), the City shall become the <br />custodian thereof in accordance with Chapter 119, Florida Statutes. The <br />Consultant shall not copyright any material and products or patent any <br /> <br />IICh-jeffersonlutll$\Consultant AgreementslDRMP Continuing Services Agreement.doc <br />