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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 Consultant
<br /> agrees to comply with any Federal regulations issued pursuant to compliance with
<br /> Section 504 of
<br /> the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the
<br /> handicapped in any
<br /> Federally assisted program.
<br /> 13. 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,("Ordinance")
<br /> and by Chapter 33 of the City Code of the City Sunny Isles Beach, which are incorporated by
<br /> reference 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,directly
<br /> or indirectly which should conflict in any manner or degree with the performance of the Services.
<br /> The Consultant further covenants that in the performance of this Agreement,no person having any
<br /> such interest shall knowingly are employed by the Consultant. Notwithstanding the foregoing, it
<br /> is acknowledged and agreed by all parties that Consultant is also employed by the Sunny Isles
<br /> Beach Foundation, a non-profit corporation, and that such duties do not in any way conflict with
<br /> the duties of and services to be provided by Consultant to the City. In addition, it is also
<br /> acknowledged and understood Consultant is an,attorney who has her own private practice. She
<br /> herein with regard to her practice.
<br /> acknowledges she must comply with the Ordinance describedg
<br /> 14. 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 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 /> the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00)
<br /> represents specific consideration to the Consultant for the indemnification set forth in this
<br /> Agreement.
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