Common use of Documents and Data Clause in Contracts

Documents and Data. A. Unless otherwise provided by the Authority, Contractor will provide the Authority with hard and electronic copies of any and all reports, models, studies, maps or other documents (“Documents”) resulting from a Work Order at no cost to the Authority. All original documents prepared by Contractor are instruments of service and shall be the property of the Authority. The use of data gathered under the Agreement shall be restricted and limited to the purposes of the Agreement, excluding the data in the public domain, and shall not be used in connection with other contracts or for other clients of Contractor without written permission of the Authority. All electronic copies, including copies of electronic media used to store data, shall be provided to the Authority in a format specified by the Authority that is suitable for hard copy print out. Reports, documents and maps obtained from other agencies in the course of executing a Work Order shall be considered the property of the Authority and will be delivered by Contractor to the Authority upon the Authority’s request and completion of each Work Order. B. The documents, drawings, technical data and working papers obtained or generated under the Agreement, including Documents described in Section 8, Paragraph A above, shall be maintained by Contractor and made available to the Authority upon request by the Authority at all times during the term of the Agreement and for five (5) years thereafter. Contractor shall deliver to the Authority, at no cost, copies of such Documents or reports the Authority obtained or generated under the Agreement. C. All tracings, plans, specifications, maps, plats, evaluations, reports, models, and technical data, including working papers prepared or obtained under the Agreement, shall become the property of the Authority without restriction or limitation of use, and shall be made available, upon request, to the Authority at any reasonable time. Contractor may retain copies thereof for their files and internal use. Any use by the Authority of such materials obtained under the Agreement for any purpose not within a Work Order pursuant to the Agreement or use of incomplete materials obtained from Contractor by the Authority shall be made at the risk of the Authority and made without liability to Contractor. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Order. D. All final plans, contract documents, reports and/or such other documents that are required by Florida Law to be endorsed and are prepared by Contractor in connection with a Work Order shall bear the certification of a person in the full employment of Contractor or duly retained by Contractor, and duly licensed and with current registration in the State of Florida in the appropriate professional category. E. Contractor shall make any patentable product or result of the Work Order and Scope of Services and all associated information, design, specifications, data, and findings available to the Authority. No material prepared in connection with the Work Order will be subject to copyright by Contractor. The Authority shall have the right to publish, distribute, disclose and otherwise use any material prepared by Contractor pursuant to the Agreement or any assigned Work Orders. Any use of materials or patents obtained by the Authority under the Agreement for any purpose not within a Work Order pursuant to the Agreement shall be at the risk of the Authority. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Order. At the Authority’s discretion, whenever any renderings, photographs of renderings, photographs of model, or photographs of the Work Order products are released by the Authority for publicity, proper credit for shall be given to Contractor, provided the giving of such credit is without cost to the Authority. F. For a period of five (5) years after the completion of the term of a Work Order, Contractor agrees to provide the Authority with copies of any documents and additional materials in its possession resulting from the performance of the Agreement or a Work Order at no cost. However, this provision shall not be considered a waiver of any claim of attorney/client privilege to which Contractor is entitled. G. Contractor shall not publish, copyright, or patent any of the data furnished or developed pursuant to the Agreement or any assigned Work Order without first obtaining the Authority’s written consent. H. Contractor shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law), as amended. In addition to this Agreement’s requirements and as required by Section 119.0701(2), Florida Statutes, as amended, the Contractor shall (1) keep and maintain public records that ordinarily and necessarily would be required by the Authority in order to perform the service; (2) provide the public with access to public records on the same terms and conditions that the Authority would provide the records and at a cost that does not exceed the cost provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (4) meet all requirements for retaining public records and transfer, at no cost to the Authority, all public records in possession of the Contractor to Authority upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records requirements. All records stored electronically must be provided to the Authority in a format that is compatible with the information technology systems of the Authority. Pursuant to Section 119.071(3)(b), Florida Statutes, as amended, building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, water treatment facility or other structure owned or operated by the Authority are exempt from the inspection, examination and duplication of public records provisions of Section 119.07(1), Florida Statutes, and Section 24(a), Article I of the State Constitution. Information made exempt by Section 119.071(3)(b), Florida Statutes, as amended, may only be disclosed to other governmental entities if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to licensed architects, engineers, or contractors who are performing work on or related to the building or other structure; or upon a showing of good cause before a court of competent jurisdiction. Entities or persons receiving such information are required to maintain the exempt status of the information. Contractor agrees to include the above provision in all agreements with subcontractors that are related to the Contractor’s performance under this Agreement, and to which the provisions of Chapter 119, Florida Statutes, also apply. Contractor shall also notify the Authority within forty-eight (48) hours of receipt of a public records request under Chapter 119, Florida Statutes. I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (000)000-0000; XXXX@XXXXXXXXXXXXX.XXX; OR 0000 XXXX XXXXXX XXXXXXX, XXXXXXXX XXXXX, XXXXXXX 00000.

Appears in 4 contracts

Samples: Well Drilling and Repair Services Agreement, Construction Services Agreement, Construction Agreement

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Documents and Data. A. Unless otherwise provided by the Authority, Contractor Consultant will provide the Authority District with hard the draft report, revised draft report(s), if applicable, final report, and electronic copies of any and all reports, models, studies, maps or other documents (“Documents”) resulting from a Work Order as identified in the Scope of Services at no additional cost to the AuthorityDistrict. In the case of additional requested copies, the supplemental cost for such deliverables will be negotiated on a case by case basis in advance of authorization to commence production. All original documents prepared by Contractor Consultant are instruments of service and shall be the become property of the AuthorityDistrict. The use of data gathered under the Agreement shall be restricted and limited to the purposes of the Agreement, excluding the data in the public domain, and shall not be used in connection with other contracts or for other clients of Contractor Consultant without written permission of the AuthorityDistrict. All electronic copies, including Consultant will provide the District with reproducible copies of all reports and other documents. Copies of electronic media used to store data, data shall be provided to the Authority District in a format specified by the Authority that is suitable for hard copy print out. Reports, documents and maps obtained from other agencies in the course of executing a Work Order shall be considered the property of the Authority and will be delivered by Contractor to the Authority upon the Authority’s request and completion of each Work Order. B. The reports, documents, drawings, technical data and working papers obtained or generated under the Agreement, including Documents described in Section 8, Paragraph A above, Agreement shall be maintained by Contractor Consultant and made available to the Authority District upon request by the Authority District at all times during the term of the Agreement and for five (5) years thereafter. Contractor Consultant shall deliver to the AuthorityDistrict, at no cost, copies of such Documents documents or reports the Authority obtained or generated under the Agreementreports. C. All tracings, plans, specifications, maps, plats, evaluations, reports, modelsdocuments, and technical data, including working papers prepared or obtained under the Agreement, shall become the property of the Authority District without restriction or limitation of use, and shall be made available, upon request, to the Authority District at any reasonable time. Contractor Consultant may retain copies thereof for their files and internal use. Any use by the Authority District of such materials obtained under the Agreement for any purpose not within a Work Order related to the Project pursuant to the Agreement Agreement, or use of incomplete materials obtained from Contractor Consultant by the Authority District shall be made at the risk of the Authority District and made without liability to ContractorConsultant. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Orderthe Project. D. All final plans, contract documents, reports and/or such other documents that are required by Florida Law to be endorsed and are prepared by Contractor in connection with a Work Order shall bear the certification of a person in the full employment of Contractor or duly retained by Contractor, and duly licensed and with current registration in the State of Florida in the appropriate professional category. E. Contractor shall make any patentable product or result of the Work Order and Scope of Services and all associated information, design, specifications, data, and findings available to the Authority. No material prepared in connection with the Work Order will be subject to copyright by Contractor. The Authority shall have the right to publish, distribute, disclose and otherwise use any material prepared by Contractor pursuant to the Agreement or any assigned Work Orders. Any use of materials or patents obtained by the Authority under the Agreement for any purpose not within a Work Order pursuant to the Agreement shall be at the risk of the Authority. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Order. At the Authority’s discretion, whenever any renderings, photographs of renderings, photographs of model, or photographs of the Work Order products are released by the Authority for publicity, proper credit for shall be given to Contractor, provided the giving of such credit is without cost to the Authority. F. For a period of five (5) years after the completion of the term of a Work OrderProject, Contractor Consultant agrees to provide the Authority District with copies of any documents and additional materials in its possession resulting from the performance of the Agreement or a Work Order Scope of Services at no cost. However, this provision shall not be considered a waiver of any claim of attorney/client privilege to which Contractor Consultant is entitled. G. Contractor E. Consultant shall not publish, copyright, or patent any of the data furnished or developed pursuant to the Agreement or any assigned Work Order Scope of Services without first obtaining the AuthorityDistrict’s written consent. H. Contractor F. Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law), as amended. In addition to this Agreement’s requirements and as required by Section 119.0701(2), Florida Statutes, as amended, the Contractor Consultant shall (1) keep and maintain public records that ordinarily and necessarily would be required by the Authority District in order to perform the service; (2) provide the public with access to public records on the same terms and conditions that the Authority District would provide the records and at a cost that does not exceed the cost provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (4) meet all requirements for retaining public records and transfer, at no cost to the AuthorityDistrict, all public records in possession of the Contractor to Authority Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records requirements. All records stored electronically must be provided to the Authority District in a format that is compatible with the information technology systems of the AuthorityDistrict. Pursuant to Section 119.071(3)(b), Florida Statutes, as amended, building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, water treatment facility or other structure owned or operated by the Authority District are exempt from the inspection, examination and duplication of public records provisions of Section 119.07(1), Florida Statutes, and Section 24(a), Article I of the State Constitution. Information made exempt by Section 119.071(3)(b), Florida Statutes, as amended, may only be disclosed to other governmental entities if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to licensed architects, engineers, or contractors who are performing work on or related to the building or other structure; or upon a showing of good cause before a court of competent jurisdiction. Entities or persons receiving such information are required to maintain the exempt status of the information. Contractor Consultant agrees to include the above provision in all agreements with subcontractors subconsultants that are related to the ContractorConsultant’s performance under this Agreement, and to which the provisions of Chapter 119, Florida Statutes, also apply. Contractor Consultant shall also notify the Authority District within forty-eight (48) hours of receipt of a public records request under Chapter 119, Florida Statutes. I. G. IF THE CONTRACTOR CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT XXXXXXXXX@XXXXXXXXXXXXXXXX.XXX OR (000)000000) 000-0000; XXXX@XXXXXXXXXXXXX.XXX; OR 0000 XXXX XXXXXX XXXXXXX, XXXXXXXX XXXXX, XXXXXXX 00000.

Appears in 1 contract

Samples: Professional Services

Documents and Data. A. Unless otherwise provided by the Authority, Contractor Firm will provide the Authority District with hard and electronic copies of any and all reports, modelsplans, studies, maps or other documents (“Documents”) resulting from a Work Order the Project at no cost to the AuthorityDistrict. Additionally, an electronic and hardcopy set of any final plans must be submitted to the District at no cost to the District unless additional copies beyond those deliverables identified in the Scope of Services are requested. In the case of additional requested copies, the supplemental cost for such deliverables will be negotiated on a case by case basis in advance of authorization to commence production. All original documents prepared by Contractor Firm are instruments of service and shall be the become property of the AuthorityDistrict. The use of data gathered under the Agreement shall be restricted and limited to the purposes of the Agreement, excluding the data in the public domain, and shall not be used in connection with other contracts or for other clients of Contractor Firm without written permission of the AuthorityDistrict. All electronic copies, including Firm will provide the District with reproducible copies of all reports and other documents. Copies of electronic media used to store data, data shall be provided to the Authority District in a format specified by the Authority that is suitable for hard copy print out. Reports, documents and maps obtained from other agencies in the course of executing a Work Order shall be considered the property of the Authority and will be delivered by Contractor to the Authority upon the Authority’s request and completion of each Work Order. B. The documents, drawings, technical data data, and working papers obtained or generated under the Agreement, including Documents described in Section 8, Paragraph A above, Agreement shall be maintained by Contractor Firm and made available to the Authority District upon request by the Authority District at all times during the term of the Agreement and for five (5) years thereafter. Contractor Firm shall deliver to the AuthorityDistrict, at no cost, copies of such Documents documents or reports the Authority obtained or generated under the Agreementreports. C. All tracings, plans, specifications, maps, plats, evaluations, reports, models, and technical data, data including working papers prepared or obtained under the Agreement, shall become the property of the Authority District without restriction or limitation of use, and shall be made available, upon request, to the Authority District at any reasonable time. Contractor Firm may retain copies thereof for their files and internal use. Any use by the Authority District of such materials obtained under the Agreement for any purpose not within a Work Order related to the Project pursuant to the Agreement Agreement, or use of incomplete materials obtained from Contractor Firm by the Authority District shall be made at the risk of the Authority District and made without liability to ContractorFirm. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Orderthe Project. D. All final plans, contract documentsreports, reports and/or such other documents that are required by Florida Law to be endorsed and are prepared by Contractor Firm in connection with a Work Order the Project shall bear the certification of a person in the full employment of Contractor Firm or duly retained by Contractor, Firm and duly licensed and with current registration in the State of Florida in the appropriate professional category. E. Contractor Firm shall make any patentable product or result of the Work Order and Scope of Services and all associated information, design, specifications, data, and findings available to the AuthorityDistrict. No material prepared in connection with the Work Order Project will be subject to copyright by ContractorFirm. The Authority District shall have the right to publish, distribute, disclose disclose, and otherwise use any material prepared by Contractor Firm pursuant to the Agreement or any assigned Work Ordersthis Agreement. Any use of materials or patents obtained by the Authority District under the Agreement for any purpose not within a Work Order the Project pursuant to the Agreement shall be at the risk of the AuthorityDistrict. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Orderthe Project. At the AuthorityDistrict’s discretion, whenever any renderings, photographs of renderings, photographs of model, or photographs of the Work Order products Project are released by the Authority District for publicity, proper credit for shall be given to ContractorFirm, provided the giving of such credit is without cost to the AuthorityDistrict. F. For a period of five (5) years after the completion of the term of a Work OrderProject, Contractor Firm agrees to provide the Authority District with copies of any documents and additional materials in its possession resulting from the performance of the Agreement or a Work Order Scope of Services at no cost. However, this provision shall not be considered a waiver of any claim of attorney/client privilege to which Contractor Firm is entitled. G. Contractor Firm shall not publish, copyright, or patent any of the data furnished or developed pursuant to the Agreement or any assigned Work Order Scope of Services without first obtaining the AuthorityDistrict’s written consent. H. Contractor Firm shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law), as amended. In addition to this Agreement’s requirements and as required by Section 119.0701(2), Florida Statutes, as amended, the Contractor Firm shall (1) keep and maintain public records that ordinarily and necessarily would be required by the Authority District in order to perform the service; (2) provide the public with access to public records on the same terms and conditions that the Authority would provide the records and at a cost that does not exceed the cost provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (4) meet all requirements for retaining public records and transfer, at no cost to the Authority, all public records in possession of the Contractor to Authority upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records requirements. All records stored electronically must be provided to the Authority in a format that is compatible with the information technology systems of the Authority. Pursuant to Section 119.071(3)(b), Florida Statutes, as amended, building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, water treatment facility or other structure owned or operated by the Authority are exempt from the inspection, examination and duplication of public records provisions of Section 119.07(1), Florida Statutes, and Section 24(a), Article I of the State Constitution. Information made exempt by Section 119.071(3)(b), Florida Statutes, as amended, may only be disclosed to other governmental entities if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to licensed architects, engineers, or contractors who are performing work on or related to the building or other structure; or upon a showing of good cause before a court of competent jurisdiction. Entities or persons receiving such information are required to maintain the exempt status of the information. Contractor agrees to include the above provision in all agreements with subcontractors that are related to the Contractor’s performance under this Agreement, and to which the provisions of Chapter 119, Florida Statutes, also apply. Contractor shall also notify the Authority within forty-eight (48) hours of receipt of a public records request under Chapter 119, Florida Statutes. I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (000)000-0000; XXXX@XXXXXXXXXXXXX.XXX; OR 0000 XXXX XXXXXX XXXXXXX, XXXXXXXX XXXXX, XXXXXXX 00000.;

Appears in 1 contract

Samples: Architect Engineering Services Agreement

Documents and Data. A. Unless otherwise provided by the Authority, Contractor Firm will provide documents necessary to perform the Authority with hard and electronic copies of any and all reports, models, studies, maps or other documents (“Documents”) resulting from a Work Order services at no additional cost to the AuthorityDistrict. In the case of additional requested copies, the supplemental cost for such deliverables will be negotiated on a case by case basis in advance of authorization to commence production. All original documents prepared by Contractor Firm are instruments of service and shall be the become property of the AuthorityDistrict. The use of data gathered under the Agreement shall be restricted and limited to the purposes of the Agreement, excluding the data in the public domain, and shall not be used in connection with other contracts or for other clients of Contractor Firm without written permission of the AuthorityDistrict. All electronic copies, including Firm will provide the District with reproducible copies of all reports and other documents. Copies of electronic media used to store data, data shall be provided to the Authority District in a format specified by the Authority that is suitable for hard copy print out. Reports, documents and maps obtained from other agencies in the course of executing a Work Order shall be considered the property of the Authority and will be delivered by Contractor to the Authority upon the Authority’s request and completion of each Work Order. B. The reports, documents, drawings, technical data and working papers obtained or generated under the Agreement, including Documents described in Section 8, Paragraph A above, Agreement shall be maintained by Contractor Firm and made available to the Authority District upon request by the Authority District at all times during the term of the Agreement and for five (5) years thereafter. Contractor Firm shall deliver to the AuthorityDistrict, at no cost, copies of such Documents documents or reports the Authority obtained or generated under the Agreementreports. C. All tracings, plans, specifications, maps, plats, evaluations, reports, modelsdocuments, and technical data, including working papers prepared or obtained under the Agreement, shall become the property of the Authority District without restriction or limitation of use, and shall be made available, upon request, to the Authority District at any reasonable time. Contractor Firm may retain copies thereof for their files and internal use. Any use by the Authority District of such materials obtained under the Agreement for any purpose not within a Work Order related to the Project pursuant to the Agreement Agreement, or use of incomplete materials obtained from Contractor Firm by the Authority District shall be made at the risk of the Authority District and made without liability to ContractorFirm. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Orderthe Project. D. All final plans, contract documents, reports and/or such other documents that are required by Florida Law to be endorsed and are prepared by Contractor in connection with a Work Order shall bear the certification of a person in the full employment of Contractor or duly retained by Contractor, and duly licensed and with current registration in the State of Florida in the appropriate professional category. E. Contractor shall make any patentable product or result of the Work Order and Scope of Services and all associated information, design, specifications, data, and findings available to the Authority. No material prepared in connection with the Work Order will be subject to copyright by Contractor. The Authority shall have the right to publish, distribute, disclose and otherwise use any material prepared by Contractor pursuant to the Agreement or any assigned Work Orders. Any use of materials or patents obtained by the Authority under the Agreement for any purpose not within a Work Order pursuant to the Agreement shall be at the risk of the Authority. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Order. At the Authority’s discretion, whenever any renderings, photographs of renderings, photographs of model, or photographs of the Work Order products are released by the Authority for publicity, proper credit for shall be given to Contractor, provided the giving of such credit is without cost to the Authority. F. For a period of five (5) years after the completion of the term of a Work OrderProject, Contractor Firm agrees to provide the Authority District with copies of any documents and additional materials in its possession resulting from the performance of the Agreement or a Work Order Scope of Services at no cost. However, this provision shall not be considered a waiver of any claim of attorney/client privilege to which Contractor Xxxx is entitled. G. Contractor E. Firm shall not publish, copyright, or patent any of the data furnished or developed pursuant to the Agreement or any assigned Work Order Scope of Services without first obtaining the AuthorityDistrict’s written consent. H. Contractor F. Firm shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law), as amended. In addition to this Agreement’s requirements and as required by Section 119.0701(2), Florida Statutes, as amended, the Contractor Firm shall (1) keep and maintain public records that ordinarily and necessarily would be required by the Authority District in order to perform the service; (2) provide the public with access to public records on the same terms and conditions that the Authority District would provide the records and at a cost that does not exceed the cost provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (4) meet all requirements for retaining public records and transfer, at no cost to the AuthorityDistrict, all public records in possession of the Contractor to Authority Firm upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records requirements. All records stored electronically must be provided to the Authority District in a format that is compatible with the information technology systems of the AuthorityDistrict. Pursuant to Section 119.071(3)(b), Florida Statutes, as amended, building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, water treatment facility or other structure owned or operated by the Authority District are exempt from the inspection, examination and duplication of public records provisions of Section 119.07(1), Florida Statutes, and Section 24(a), Article I of the State Constitution. Information made exempt by Section 119.071(3)(b), Florida Statutes, as amended, may only be disclosed to other governmental entities if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to licensed architects, engineers, or contractors who are performing work on or related to the building or other structure; or upon a showing of good cause before a court of competent jurisdiction. Entities or persons receiving such information are required to maintain the exempt status of the information. Contractor Firm agrees to include the above provision in all agreements with subcontractors that are related to the ContractorFirm’s performance under this Agreement, and to which the provisions of Chapter 119, Florida Statutes, also apply. Contractor Firm shall also notify the Authority District within forty-eight (48) hours of receipt of a public records request under Chapter 119, Florida Statutes. I. G. IF THE CONTRACTOR FIRM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORFIRM’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (000)000-0000; XXXX@XXXXXXXXXXXXX.XXX; OR 0000 XXXX XXXXXX XXXXXXX, XXXXXXXX XXXXX, XXXXXXX 00000xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Professional Services

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Documents and Data. A. Unless otherwise provided by the AuthorityDistrict, Contractor Consultant will provide the Authority District with hard and electronic copies of any and all reports, models, studies, maps maps, or other documents (“Documents”) resulting from a Work Order at no cost to the AuthorityDistrict. All original documents prepared by Contractor Consultant are instruments of service and shall be the property of the AuthorityDistrict. The use of data gathered under the Agreement shall be restricted and limited to the purposes of the Agreement, excluding the data in the public domain, and shall not be used in connection with other contracts or for other clients of Contractor Consultant without written permission of the AuthorityDistrict. All electronic copies, including copies of electronic media used to store data, shall be provided to the Authority District in a format specified by the Authority District that is suitable for hard copy print out. Reports, documents documents, and maps obtained from other agencies in the course of executing a Work Order shall be considered the property of the Authority District and will be delivered by Contractor Consultant to the Authority District upon the AuthorityDistrict’s request and completion of each Work Order. B. The documents, drawings, technical data and working papers obtained or generated under the Agreement, including Documents described in Section 8, Paragraph A above, shall be maintained by Contractor Consultant and made available to the Authority District upon request by the Authority District at all times during the term of the Agreement and for five (5) years thereafter. Contractor Consultant shall deliver to the AuthorityDistrict, at no cost, copies of such Documents or reports the Authority District obtained or generated under the Agreement. C. All tracings, plans, specifications, maps, plats, evaluations, reports, models, and technical data, including working papers prepared or obtained under the Agreement, shall become the property of the Authority District without restriction or limitation of use, and shall be made available, upon request, to the Authority District at any reasonable time. Contractor Consultant may retain copies thereof for their files and internal use. Any use by the Authority District of such materials obtained under the Agreement for any purpose not within a Work Order pursuant to the Agreement or use of incomplete materials obtained from Contractor Consultant by the Authority District shall be made at the risk of the Authority District and made without liability to ContractorConsultant. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Order. D. All final plans, contract documents, reports and/or such other documents that are required by Florida Law to be endorsed and are prepared by Contractor Consultant in connection with a Work Order shall bear the certification of a person in the full employment of Contractor Consultant or duly retained by ContractorConsultant, and duly licensed and with current registration in the State of Florida in the appropriate professional category. E. Contractor Consultant shall make any patentable product or result of the Work Order and Scope of Services and all associated information, design, specifications, data, and findings available to the AuthorityDistrict. No material prepared in connection with the Work Order will be subject to copyright by ContractorConsultant. The Authority District shall have the right to publish, distribute, disclose disclose, and otherwise use any material prepared by Contractor Consultant pursuant to the Agreement or any assigned Work Orders. Any use of materials or patents obtained by the Authority District under the Agreement for any purpose not within a Work Order pursuant to the Agreement shall be at the risk of the AuthorityDistrict. However, this does not constitute a disclaimer of the professional competency of the original work as used within a Work Order. At the AuthorityDistrict’s discretion, whenever any renderings, photographs of renderings, photographs of model, or photographs of the Work Order products are released by the Authority District for publicity, proper credit for shall be given to ContractorConsultant, provided the giving of such credit is without cost to the AuthorityDistrict. F. For a period of five (5) years after the completion of the term of a Work Order, Contractor Consultant agrees to provide the Authority District with copies of any documents and additional materials in its possession resulting from the performance of the Agreement or a Work Order at no cost. However, this provision shall not be considered a waiver of any claim of attorney/client privilege to which Contractor Consultant is entitled. G. Contractor Consultant shall not publish, copyright, or patent any of the data furnished or developed pursuant to the Agreement or any assigned Work Order without first obtaining the AuthorityDistrict’s written consent. H. Contractor Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law), as amended. In addition to this Agreement’s requirements and as required by Section 119.0701(2), Florida Statutes, as amended, the Contractor Consultant shall (1) keep and maintain public records that ordinarily and necessarily would be required by the Authority District in order to perform the service; (2) provide the public with access to public records on the same terms and conditions that the Authority District would provide the records and at a cost that does not exceed the cost provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (4) meet all requirements for retaining public records and transfer, at no cost to the AuthorityDistrict, all public records in possession of the Contractor Consultant to Authority District upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records requirements. All records stored electronically must be provided to the Authority District in a format that is compatible with the information technology systems of the AuthorityDistrict. Pursuant to Section 119.071(3)(b), Florida Statutes, as amended, building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, water treatment facility or other structure owned or operated by the Authority District are exempt from the inspection, examination and duplication of public records provisions of Section 119.07(1), Florida Statutes, and Section 24(a), Article I of the State Constitution. Information made exempt by Section 119.071(3)(b), Florida Statutes, as amended, may only be disclosed to other governmental entities if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to licensed architects, engineers, or contractors Consultants who are performing work on or related to the building or other structure; or upon a showing of good cause before a court of competent jurisdiction. Entities or persons receiving such information are required to maintain the exempt status of the information. Contractor Consultant agrees to include the above provision in all agreements with subcontractors subconsultants that are related to the ContractorConsultant’s performance under this Agreement, and to which the provisions of Chapter 119, Florida Statutes, also apply. Contractor Consultant shall also notify the Authority District within forty-eight (48) hours of receipt of a public records request under Chapter 119, Florida Statutes. I. IF THE CONTRACTOR CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (000)000-0000; XXXX@XXXXXXXXXXXXX.XXXxxxxxxxxxxxxxx@xx-xx.xxx; OR 0000 XXXX XXXXXX XXXXXXX, XXXXXXXX XXXXX, XXXXXXX 00000.0000

Appears in 1 contract

Samples: Professional Services

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