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The Contractor 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 Contractor 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 /> 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),
<br /> which prohibits discrimination against the handicapped in any Federally assisted program.
<br /> 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed
<br /> by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, and by
<br /> the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein
<br /> as if fully set forth herein, in connection with the Agreement conditions hereunder. The
<br /> Contractor 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
<br /> Services. The Contractor further covenants that in the performance of this Agreement, no person
<br /> having any such interest shall knowingly are 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 /> 17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor 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 Contractor's negligent acts,
<br /> errors, mistakes or omissions relating to professional services in the performance of this
<br /> Agreement. The Contractor'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 Contractor may be legally liable. The parties agree that One Hundred
<br /> Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set
<br /> forth in this Agreement.
<br /> 18. COMPLIANCE WITH LAW. Contractor 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 /> 19. CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any
<br /> term, statement, requirement, or provision of any exhibit attached hereto, any document or
<br /> events referred to herein, or any document incorporated herein by reference, and a term,
<br /> statement, requirement or provision of this Agreement, the terms and conditions in this 0 q B
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