10-2136 Continuing Professional Utilities Services Consultant Agreement

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CONTRACTUAL SERVICES Page 3 of 19 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. J. 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 approval. Key professional personnel shall include principals-in-charge, and project managers. K. Consultant will maintain an adequate and competent staff of professionally qualified persons throughout the performance of this Agreement to ensure acceptable and timely completion of each Work Order. If, at any time, the City becomes dissatisfied with the work or performance of any member of the Consultant's staff, or a subconsultant's staff, the Consultant shall cause the person to be removed from working on the City's project. L. Execution of this Agreement by the Consultant is a representation that the Consultant is familiar with the work to be performed and with local conditions. Consultant shall make no claim for additional time or money based upon its failure to comply with this paragraph. The Consultant has informed the City, and hereby represents to the City, that it has extensive experience in performing work similar to the work identified in the Supplemental Agreement, and that it is well acquainted with the components that are properly and customarily included within such a project and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the