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<br /> CFtyviSunny Jsles Beach" 18070 Collins Avenue, Sunny Islcs Beach, Florida 33160
<br /> (305)947-0606 phone(305) 949-3113 Fax
<br /> employment, notices to be provided by the City setting forth the provisions of this non-
<br /> discrimination clause. The Contractor. agreesto comply with any Federal regulations issued
<br /> pursuant to compliance with Section 504 of the Rehabilitation Act of 1973(29 U.S.C.708),which
<br /> prohibits discrimination against the°handicapped in any Federally assisted program.
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<br /> 17. 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 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 Contractor
<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 Contractor further covenants that in the performance of this Agreement, no
<br /> person having any such interest shall knowingly be employed by the Contractor. The Contractor
<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 contractor to any benefit arising therefrom.
<br /> 18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
<br /> by law,the Contractor agrees to indemnify and hold-harmless the City, its agents,representatives,
<br /> officers,directors,officials and employees from any claims, liabilities,damages, losses and costs,
<br /> including, but not limited to,reasonable attorney fees to the extent cause,in whole or in part, by
<br /> the professional negligence, error or omission of the Contractor or persons employed or utilized
<br /> by the Contractor in performance of Services under,this Agreement.
<br /> Contractor 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,claims;"
<br /> losses,liabilities and expenditures of any kind, including attorney.fees,-court costs, and expenses; •
<br /> caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
<br /> including those of their employees, agents, servants, or officers, or accruing, resulting from,, or
<br /> directly related to the subject matterof this Agreement including, without limitation,any arid all
<br /> claims, losses, liabilities, expenditures, demands or causes of action of_any nature whatsoever •
<br /> resulting from injuries or damageslsustained by any person or property:f In the event any lawsuit ' ' • '" '
<br /> or other proceeding is brought against City by reason of any such claim,cause of action or demand,
<br /> Contractor shall, upon written.noti'ce from City, resist and defend such lawsuit or proceeding by
<br /> counsel satisfactory to City.
<br /> The provisions and obligations of this section shall survive the expiration or earlier termination of
<br /> this Agreement. To the extent considered necessary by City, any sum due Contractor under this
<br /> Agreement may be retained by City until all of City's claims for indemnification pursuant to this,
<br /> Agreement have been settled or otherwise resolved;and any amount withheld shall not be subject
<br /> :to payment of interest by City. The parties agree that One Hundred Dollars($100.00)represents
<br /> specific consideration to the Contractor for the inde"mnificationset forth in this Agreement. -
<br /> ;19. COMPLIANCE WITH LAW: Contractor shall comply with all..laws,regulations and: .-
<br /> 'ordinances of any federal, state, ortlocal'governmental authority having jurisdiction with respect
<br /> to this Agreement'('Applicable Laws")and shall obtain and maintain any and all material permits,
<br /> licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
<br /> under this Agreement.
<br /> Millcnium Products,Inc.02020-7081 9
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