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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 />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 />15. 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 the Services. The
<br />Consultant further covenants that in the performance of this Agreement, no person having any
<br />such interest shall knowingly be employed by the Consultant. The Consultant guarantees that
<br />he /she has not offered or given to any member of, delegate to the Congress of the United States,
<br />any or part of this contract or to any benefit arising therefrom.
<br />16. 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
<br />acts, 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
<br />therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
<br />services in the performance of this Agreement including any person for whose acts, errors,
<br />mistakes or omissions the Consultant may be legally liable. The parties agree that One
<br />Hundred Dollars ($100.00) represents specific consideration to the Consultant for the
<br />indemnification set forth in this Agreement.
<br />17. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement ( "Applicable Laws ") and shall obtain and maintain any and all material
<br />permits, licenses, approvals and consents necessary for the lawful conduct of the activities
<br />contemplated under this Agreement.
<br />18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
<br />supersede any other conflicting provisions that are contained in any other document, including
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<br />01314 -014 CRAIG A. SMITH & ASSOCIATES
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