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12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
<br /> with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida.
<br /> 13. AUDIT. The Contractor shall make available to the City or its representative all required
<br /> financial records associated with the Agreement for a period of Three (3) years. -
<br /> 14. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
<br /> rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
<br /> Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
<br /> 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
<br /> Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
<br /> Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not
<br /> discriminate against any employee or applicant for employment because of race, color, creed,
<br /> religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
<br /> status with regard to public assistance. The Contractor will take affirmative action to insure that
<br /> all employment practices are free from such discrimination. Such employment practices include
<br /> but are not limited to the following: hiring,, upgrading, demotion, transfer, recruitment or
<br /> recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and
<br /> selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
<br /> places, available to employees and applicants for employment, notices to be provided by the City
<br /> setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply
<br /> with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation
<br /> Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any
<br /> Federally assisted program.
<br /> 15. CONFLICT OF INTEREST. The Contractor 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 of Sunny Isles Beach Code of Ordinances, which are incorporated by
<br /> reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder.
<br /> The Contractor covenants that it presently has no interest and shall not acquire any interest,directly
<br /> or indirectly which could conflict in any manner or degree with the performance of the Services.
<br /> The Contractor further covenants that in the performance of this Agreement, no person having any
<br /> such interest shall knowingly be employed by the Contractor. The Contractor guarantees that
<br /> - he/she has not offered or given to any member of, delegate to the Congress of the United States,
<br /> any or part of this contract or to any benefit arising therefrom.
<br /> 16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor 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 Contractor's negligent acts,
<br /> errors, mistakes or omissions relating to professional Services performed under this Agreement.
<br /> The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives,
<br /> officers, directors, officials and employees shall arise in connection with any claim, damage, loss
<br /> or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment,
<br /> or destruction of tangible property including loss of use resulting therefrom, caused by any
<br /> negligent acts, errors, mistakes or omissions related to Services in the performance of this
<br /> Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may
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