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• City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 <br /> (305)947-0606 phone(305)949-3113 Fax <br /> 15. AUDIT. The Consultant 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 /> 16, NON-DISCRIMINATION. The Consultant agrees to comply with all local and state <br /> civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,Title VIII <br /> of the Civil Rights Act of 1968 as amended,Title 1 of the Housing and Community Development <br /> Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with <br /> Disabilities Act of 1990, the Age Discrimination Act of 1975,Executive Order 11063,and with <br /> Executive Order 11248 as amended by Executive Orders 11375 and 12086. <br /> The Consultant will not discriminate against any employee or applicant for employment because <br /> of race,color, creed, religion,ancestry, national origin, sex, disability or other handicap, age, <br /> marital/familial status, or status with regard to public assistance. The Consultant will take <br /> affirmative action to insure that all employment practices are free from such discrimination. Such <br /> employment practices include but are not limited to the following:hiring,upgrading,demotion, <br /> transfer,recruitment or recruitment advertising,layoff,termination,rates of pay or other forms of <br /> compensation,and selection for training,including apprenticeship. The Consultant agrees to post <br /> in conspicuous places, available to employees and applicants for employment, notices to be <br /> provided by the City setting forth the provisions of this non-discrimination clause. The <br /> Consultant agrees to comply with any Federal regulations issued pursuant to compliance with <br /> Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination <br /> against the handicapped in any Federally assisted program. <br /> 17. 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 the <br /> City of Sunny Isles Beach Ordinance No.99-82,which are incorporated by reference herein as if <br /> fully set forth herein,in connection with the Agreement conditions hereunder, The Consultant <br /> covenants that it presently has no interest and shall not acquire any interest,directly or indirectly <br /> which should conflict in any manner or degree with the performance of the Services, The <br /> Consultant further covenants that in the performance of this Agreement, no person having any <br /> such interest shall knowingly be employed by the Consultant. The Consultant 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 /> [8. 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 all 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 acts, <br /> 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 therefrom, <br /> caused by any negligent acts,errors,mistakes or omissions related to professional services in the <br /> performance of this Agreement including any person for whose acts,errors,mistakes or omissions ] <br /> 7 B <br /> S <br /> C2902.16I -019-O'Leary Richards Design Associates,Inc. <br />