10-2134 Professional Stormwater Services Consultant Agreement

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CONTRACTUAL SERVICES Page 3 of 20 In the event that the Consultant and the City are not able to reach an agreement as to the amount of compensation to be paid to the Consultant for supplemental work desired by the City, the Consultant shall be obligated to proceed with the supplemental work in a timely manner for the amount determined by the City to be reasonable. In such event, the Consultant shall have the right to file a claim with the City for such additional amounts as the Consultant deems reasonable; however, in no event shall the filing of the claim or the resolution or litigation thereof through administrative procedures or the courts relieve the Consultant from the obligation to timely perform the supplemental work. G. In the event the work covered by this Agreement includes the preparation of construction plans, it is understood that the work may be divided into two or more construction projects by the Director and that, if this is done, the Consultant shall supply construction plans for each project. H. The Consultant shall not be liable for use by the City of plans, documents, studies or other data for any purpose other than intended by the terms of this Consultant Agreement. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall be considered works made for hire and shall become the property of the City upon completion or termination without restriction or limitation on their use except as set forth above in Paragraph 1.H.; and shall be made available, upon request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. Upon delivery to the City of said document(s), the City shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant shall not copyright any material and products or patent any invention developed under this agreement. The City will have the right to visit the site for inspection of the work and the drawings of the Consultant at any time. Notwithstanding any provision to the contrary contained in this Agreement, Consultant shall retain sole ownership to its preexisting information including but not limited to computer programs, software, standard details, figures, templates and specifications. Prior to the start of any work under this Agreement, Consultant has submitted to the CITY detailed resumes of key professional personnel that will be involved in performing services. The CITY hereby acknowledges its acceptance of such personnel to perform services under this Agreement. At any time hereafter that Consultant desires to change the key professional personnel in an active assignment, it shall submit the qualifications of the new professional personnel to the City for prior