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10-2147 Continuing Professional Utilities Services - Brown & Campbell
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10-2147 Continuing Professional Utilities Services - Brown & Campbell
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7/29/2010 7:42:31 PM
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7/29/2010 7:40:13 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
6/28/2010
Doc Number
10-2147
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H. The Consultant shall not be liable for use by the City of plans, documents, <br />studies or other data for any purpose other than intended by the terms of <br />this Consultant Agreement. <br />All tracings, plans, specifications, maps, and/or reports prepared or <br />obtained under this Agreement, together with summaries and charts <br />derived therefrom, shall be considered works made for hire and shall, <br />upon payment to Consultant except in cases of default as provided in <br />Paragraph 4.i, become the property of the City upon completion or <br />termination without restriction or limitation on their use except as set forth <br />above in Paragraph 1.H.; and in addition, computer files and data <br />collected in support of Consultant's work product shall be made available, <br />upon request, to the City at any time during the performance of such <br />services and/or upon completion or termination of this Agreement. Upon <br />delivery to the City of said document(s), the City shall become the <br />custodian thereof in accordance with Chapter 119, Florida Statutes. The <br />Consultant shall not copyright any material and products or patent any <br />invention developed under this agreement. The City will have the right to <br />visit the project site for inspection of the work and the drawings of the <br />Consultant at any time. <br />J. Prior to the start of any work under this Agreement, Consultant shall <br />submit to the CITY detailed resumes of key professional personnel that <br />will be involved in performing services. The CITY hereby acknowledges <br />its acceptance of such personnel to perform services under this <br />Agreement. At any time hereafter that Consultant desires to change the <br />key professional personnel in an active assignment, it shall submit the <br />qualifications of the new professional personnel to the City for prior <br />approval. Key professional personnel shall include principals-in-charge, <br />and project managers. <br />K. Consultant will maintain an adequate and competent staff of professionally <br />qualified persons throughout the performance of this Agreement to ensure <br />acceptable and timely completion of each Work Order. If, at any time, the <br />City becomes dissatisfied with the work or performance of any member of <br />the Consultant's staff, or a member of subconsultant's staff, the <br />Consultant shall cause the person to be removed from working on the <br />City's project. <br />L. Execution of Supplemental Agreements under this Agreement by the <br />Consultant is a representation that the Consultant is familiar with the work <br />to be performed and with local conditions. The Consultant has informed <br />the City, and hereby represents to the City, that it has extensive <br />experience in performing work similar to the work identified in the <br />Supplemental Agreement, and that it is well acquainted with the <br />components that are properly and customarily included within such a <br />3 <br />
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