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Such employment practices include but are not limited to the following: hiring, upgrading,
<br /> demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or
<br /> other forms of compensation, and selection for training, including apprenticeship. The
<br /> Consultant agrees to post in conspicuous places, available to employees and applicants for
<br /> employment, notices to be provided by the City setting forth the provisions of this non-
<br /> discrimination clause. The Consultant agrees to comply with any Federal regulations issued
<br /> pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708),
<br /> which prohibits discrimination against the handicapped in any Federally assisted program.
<br /> 14. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by
<br /> the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, and by
<br /> Chapter 33 of the City Code of the City Sunny Isles Beach, which are incorporated by reference
<br /> herein as if fully set forth herein, in connection with the Agreement conditions hereunder.
<br /> The Consultant covenants that it presently has no interest and shall not acquire any interest,
<br /> directly or indirectly which should conflict in any manner or degree with the performance of the
<br /> Services. The Consultant further covenants that in the performance of this Agreement, no person
<br /> having any such interest shall knowingly are employed by the Consultant.
<br /> 15. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
<br /> the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br /> representatives, officers, directors, officials and employees from and against claims, damages,
<br /> losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
<br /> appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent
<br /> acts, errors, mistakes or omissions relating to professional services in the performance of this
<br /> Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
<br /> representatives, officers, directors, officials and employees shall arise in connection with any
<br /> claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br /> injury to impairment, or destruction of tangible property including loss of use resulting
<br /> therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
<br /> services in the performance of this Agreement including any person for whose acts, errors,
<br /> mistakes or omissions the Consultant may be legally liable. The parties agree that One
<br /> Hundred Dollars ($100.00) represents specific consideration to the Consultant for the
<br /> indemnification set forth in this Agreement.
<br /> 16. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
<br /> ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br /> to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
<br /> permits, licenses, approvals and consents necessary for the lawful conduct of the activities
<br /> contemplated under this Agreement.
<br /> 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
<br /> supersede any other conflicting provisions that are contained in any other document, including
<br /> but not limited to correspondences between parties. If there is a conflict or inconsistency
<br /> between any term, statement, requirement, or provision of any document or events referred to
<br /> herein, or any other document incorporated into this Agreement by reference and a term,
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<br /> C1213- CONSULTANT AGREEMENT-FINAL
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