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<br />City of Sunny Isles Beach |Request for Qualifications No. 18-08-01 15
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<br />2.21 PROPRIETARY RIGHTS
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<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.
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<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.
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<br />2.22 NEWS RELEASES
<br /> The Proposer shall obtain the prior approval of the City Manager’s Office of all news releases or
<br /> other publicity pertaining to this RFQ, the service, or project to which it relates.
<br />2.23 RESTRICTIONS TO PUBLIC ACCESS TO PROJECT PLANS
<br /> The consultant shall be advised that public access to project plans is now restricted, and plans are
<br /> no longer subject to public records requests, as per Florida Status F.S.119.07(3)(ee) which states:
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<br />“Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary and final
<br />formats, which depict the internal layout and structural elements of a building, arena, stadium,
<br />water treatment facility, or other structure owned or operated by an agency as defined in s.119.011
<br />are exempt from the provisions of subsection (1) and s. 24(a), Art. 1 of the State Constitution. This
<br />exemption applies to building plans, blueprints, schematic drawings, and diagrams, including draft,
<br />preliminary, and final formats, which depict the internal layout and structural elements of a
<br />building, arena, stadium, water treatment facility, or owned or operated by an agency before, on,
<br />or after the effective date of this act. Information made exempt by this paragraph may be disclosed
<br />to another governmental entity if disclosure is necessary for the receiving entity to perform its
<br />duties and responsibilities, to a licensed Engineer or contractor who is performing work on or
<br />related to the building, arena, stadium, water treatment facility, or other structure owned or
<br />operated by an agency; or upon showing of good cause before a court of competent jurisdiction.
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