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Contract Number: MSA20100908LEC
<br />In executing this Agreement, the CONSULTANT offers and agrees that they will convey, sell, assign or
<br />transfer to the City of Casselberry all rights, title and interest in and to all causes of action it may now or
<br />hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing
<br />relating to the particular commodities or services purchased or acquired by the City of Casselberry. At
<br />the City of Casselberry's discretion, such assignment shall be made and become effective at the time the
<br />purchasing agency tenders final payment to CONSULTANT.
<br />SECTION 31. PROHIBITIONS. The CONSULTANT, his/her/its employees, subcontractors, and
<br />his/her/its employees are prohibited from unlawful drug or alcohol possession and the use, manufacture,
<br />or dispensation of controlled substances while at work and while traveling to or from work. If any
<br />employee reports to work under the influence of alcohol or drugs the employee shall be immediately
<br />removed from the CITY premises by the CONSULTANT. The CONSULTANT will be held responsible
<br />for any damages, loss or extra expenses caused by delays incurred by such actions.
<br />SECTION 32. ACCIDENTS & CLAIMS. The CONSULTANT shall ba held responsible for all
<br />accidents and shall indemnify, hold harmless, and protect the CITY from all suits, claims and actions
<br />brought against the CITY or its officials, representatives, agents, officers, and employees, and all costs,
<br />damages, or liabilities to which the CITY or its officials, representatives, agents, officers, and employees
<br />may be put or exposed, for any injury or alleged injury to the person(s) or property(s) of another resulting
<br />from negligence or carelessness in the performance of the work, or in protection of the project site, or
<br />from any improper or inferior workmanship, or from inferior materials used in the work, or otherwise
<br />related to the project. The CONSULTANT is to restore and/or repair, at the CONSULTANT's cost, all
<br />damaged infrastructure back to its pre-existing condition if the damage was caused by the
<br />CONSULTANT or subcontractors.
<br />SECTION 33. COMPLIANCE WITH LAWS AND REGULATIONS. The CONSULTANT at all
<br />times shall be familiar with and observe and comply with all Federal, State, Local, and Municipal laws,
<br />codes, ordinances, rules and regulations which in any manner may apply and those which may be enacted
<br />later, or bodies or tribunals having jurisdiction or authority over the work and shall indemnify and save
<br />harmless the City of Casselberry against any claims or liability arising from, or based on, the violation of
<br />any such law, ordinance, rule, code, regulation, order, patent infringements or decrees.
<br />The CONSULTANT is assumed to have made himself/herself/itself familiar with all Federal, State,
<br />Local, and Municipal laws, codes, ordinances, rules, and regulations which in any manner affect those
<br />engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way
<br />affect the work. No plea of misunderstanding will be considered an excuse for the ignorance thereof.
<br />hi the event any situation is brought to mediation or a court of law, the venue shall be the County of
<br />Seminole, in the State of Florida, where all laws, regulations, ordinances, codes, and rules shall be used in
<br />the adjudication.
<br />All responses, questions, conversations are public information including any literature or handouts at any
<br />subsequent presentations. All submittals are subject to the Florida Public Records Act, F.S. 119.
<br />SECTION 34. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
<br />CONSULTANT certifies that all material equipment, etc., contained in his/her proposal meets all
<br />applicable O.S.H.A. requirements. CONSULTANT further certifies that the material, equipment, etc.,
<br />delivered is subsequently found to be defective in applicable O.S.H.A. requirement in effect on the date of
<br />delivery, all costs necessary to comply with the requirements shall be borne by the CONSULTANT.
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