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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 the
<br />Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter
<br />33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference
<br />herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The
<br />Contractor covenants that it presently has no interest and shall not acquire any interest, directly or
<br />indirectly which could conflict in any manner or degree with the performance of the Services. The
<br />Contractor firther covenants that in the performance of this Agreement, no person having any such
<br />interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has
<br />not offered or given to any member of, delegate to the Congress of the United States, any or part
<br />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 />7076-036 RCP Shelters, Inc.
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