RFQ 18-11-01 Consult. Engin. Svs. for Golden Shores Pump Station Rehabilitation (CCNA)

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City of Sunny Isles Beach |Request for Qualifications No. 18-11-01 14 2.17 PROPRIETARY RIGHTS The Consultant hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Consultant hereunder or furnished by the Consultant to the City and/or created by the Consultant for delivery to the City, even if unfinished or in process, as a result of the Services the Consultant performs in connection with the Agreement, including all copyright and other proprietary rights therein, which the Consultant as well as its employees, agents, sub-consultants and suppliers may use only in connection with the performance of Services under the Agreement. The Consultant shall not, without the prior written consent of the City, use such documentation on any other project in which the Consultant or its employees, agents, sub-consultants or suppliers are or may become engaged. Submission or distribution by the Consultant to meet official regulatory requirements or for other purposes in connection with the performance of Services under the Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Consultant and its sub-consultants specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 2.18 RECORDS RETENTION The Consultant shall maintain for a minimum of five (5) years after the completion of this Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. The Consultant shall make its books, records, digital files, and any other supporting documents related to the Agreement promptly available for review and audit by the City and/or by the federal funding entity, if applicable. Further, the Consultant agrees to cooperate fully with any audit conducted by the City, or federal funding authority, and to provide full access, to all materials related to any aspect of this Agreement. Failure to maintain the books, records, digital files, and supporting documents required by this subsection shall establish a presumption in favor of the City for recovery of any funds paid under the Agreement for which adequate books, records, digital files and supporting documentation are not available to support their purported disbursement. The Consultant shall require its subconsultants, subcontractors, and sub-vendors to comply with the requirements of this, and shall include provisions in agreements with its subconsultants, subcontractors, and sub-vendors making such provisions applicable to them and providing they shall that such provisions shall survive the completion, expiration or termination of such agreement. 2.19 RESTRICTIONS TO PUBLIC ACCESS TO PROJECT PLANS The consultant shall be advised that public access to project plans is now restricted, and plans are no longer subject to public records requests, as per Florida Status F.S.119.07(3)(ee) which states: