10-2177 Agreement with Mactec Engineering and Consulting Inc. for Brownfields Assessment Services

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Contract Number: MSA20100902LEC CONSULTANT shall at all times during the normal work week designate or appoint one or more representatives who are authorized to act on behalf of and bind CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the CITY continually and effectively advised of such designation. SECTION 25. ALL PRIOR AGREEMENTS SUPERSEDED. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document and the RFP documents. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements, whether oral or written. SECTION 26. MODIFICATIONS, AMENDMENTS, OR ALTERATIONS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. SECTION 27. INDEPENDENT CONSULTANT. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting CONSULTANT (including its officers, employees, and agents) as an agent, representative or employee of the CITY for any purpose or in any manner whatsoever. CONSULTANT is to be and shall remain forever an independent CONSULTANT with respect to all services performed under this Agreement. SECTION 28. EMPLOYEE STATUS. Person employed by CONSULTANT in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by CITY. SECTION 29. PUBIC RECORDS LAW. CONSULTANT acknowledges the CITY's obligations under Article I, Section 24, Florida Constitution, and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONSULTANT acknowledges that the CITY is required to comply with Article 1, Section 24, Florida Constitution, and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 30. PUBLIC ENTITY CRIMES. A person or affiliate who has been placed on the convicted vendor list following a conviction, for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a CONSULTANT, supplier, subcontractors or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted vendor list. In executing this Agreement, the CONSULTANT offers and agrees that they will convey, sell, assign or transfer to the City of Casselberry all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and tine State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Casselberry. At the City of Casselberry's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to CONSULTANT. 7