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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 />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. <br />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 />16. 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 Services under this <br />Agreement. The Consultant further covenants that in the performance of this Agreement, no <br />person having any such interest shall knowingly be employed by the Consultant. The Consultant <br />guarantees that he /she has not offered or given to any member of, delegate to the Congress of the <br />United States, any or part of this contract or to any benefit arising therefrom. <br />17. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent <br />permitted by law, the Consultant agrees to indemnify and hold - harmless the City, its agents, <br />representatives, officers, directors, officials and employees from any claims, liabilities, damages, <br />losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in <br />whole or in part, by the professional negligence, error or omission of the Consultant or persons <br />employed or utilized by the Consultant in performance of Services under this Agreement. <br />To the fullest extent permitted by law, the Consultant agrees to indemnify and hold- harmless the <br />City, including its agents, representatives, officers, directors, officials and employees from any <br />claims, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney <br />fees to the extent caused, in whole or in part, by the recklessness or intentionally wrongful <br />conduct, of the Consultant or persons employed or utilized by the Consultant in the performance <br />of Services under this Agreement. <br />Consultant shall at all times hereafter indemnify, hold harmless and, at the City's option, defend <br />or pay for an attorney selected by the City to defend City, its agents, representatives, officers, <br />directors, officials and employees from and against any and all causes of action, demands, <br />claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and <br />expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of <br />Consultant, including those of their employees, agents, servants, or officers, or accruing, <br />resulting from, or directly related to the subject matter of this Agreement including, without <br />C1314 -035 TIE WEITZ COMPANY 8 <br />