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<br />City of Sunny Isles Beach |Request for Qualifications No. 21-11-01 14 <br /> <br />A. The Consultant hereby acknowledges and agrees that the City retains all rights, title and interests <br />in and to all materials, data, documentation and copies thereof furnished by the City to the <br />Consultant hereunder or furnished by the Consultant to the City and/or created by the Consultant <br />for delivery to the City, even if unfinished or in process, as a result of the Services the Consultant <br />performs in connection with the Agreement, including all copyright and other proprietary rights <br />therein, which the Consultant as well as its employees, agents, sub-consultants and suppliers may <br />use only in connection with the performance of Services under the Agreement. The Consultant <br />shall not, without the prior written consent of the City, use such documentation on any other <br />project in which the Consultant or its employees, agents, sub-consultants or suppliers are or may <br />become engaged. Submission or distribution by the Consultant to meet official regulatory <br />requirements or for other purposes in connection with the performance of Services under the <br />Agreement shall not be construed as publication in derogation of the City's copyrights or other <br />proprietary rights. <br /> <br />B. All rights, title and interest in and to certain inventions, ideas, designs and methods, <br />specifications and other documentation related thereto developed by the Consultant and its sub- <br />consultants specifically for the City, hereinafter referred to as "Developed Works" shall become the <br />property of the City. <br /> <br />2.19 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES <br /> <br />Pursuant to Florida Statutes Section 217.135, contracting with any entity that is listed on the <br />Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is <br />prohibited. Consultants must certify that the company is not participating in a boycott of Israel. <br />Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated <br />at the City’s option if it is discovered that the entity submitted false documents of certification, is <br />listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with <br />Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in <br />Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be <br />terminated at the City’s option if the company is listed on the Scrutinized Companies that Boycott <br />Israel List or engaged in the boycott of Israel. <br /> <br />Consultants must submit the certification that is attached to this agreement. Submitting a false <br />certification shall be deemed a material breach of contract. The City shall provide notice, in writing, <br />to the Consultant of the City’s determination concerning the false certification. The Consultant shall <br />have ninety (90) days following receipt of the notice to respond in writing and demonstrate that <br />the determination was in error. If the Consultant does not demonstrate that the City’s <br />determination of false certification was made in error, then the City shall have the right to terminate <br />the contract and seek civil remedies pursuant to Florida Statute Section 215.135. <br /> <br />2.20 PUBLIC RECORDS <br /> <br />IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF <br />CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL PROPOSER’S DUTY TO <br />PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE <br />CUSTODIAN OF PUBLIC RECORDS AT CITY OF 18070 COLLINS AVENUE, SUNNY ISLES