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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 Contractor will take affirmative action to ensure that all employment practices are free from <br />such discrimination. Such employment practices include but are not limited to the following: <br />hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, <br />rates of pay or other forms of compensation, and selection for training, including apprenticeship. <br />The Contractor 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 Contractor 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), which <br />prohibits discrimination against the handicapped in any Federally assisted program. <br />15. 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 contract or to any benefit arising therefrom. <br />16. 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 matter of this Agreement including, without limitation, any and all <br />claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever <br />resulting from injuries or damages sustained by any person or property. 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 notice 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 />MARTIN & SONS RESIDENTIAL SERVICES, INC. <br />116 <br />