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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 /> Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
<br /> Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
<br /> Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and
<br /> 12086.
<br /> The Contractor will not discriminate against any employee or applicant for employment
<br /> because of race, color, creed, religion, ancestry, national origin, sex, disability or other
<br /> handicap, age, marital/familial status, or status with regard to public assistance. The
<br /> Contractor will take affirmative action to insure 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,
<br /> termination, rates of pay or other forms of compensation, and selection for training, including
<br /> apprenticeship. The Contractor agrees to post in conspicuous places, available to employees
<br /> and applicants for employment, notices to be provided by the City setting forth the provisions
<br /> of this non-discrimination clause. The Contractor agrees to comply with any Federal
<br /> regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973
<br /> (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally
<br /> 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 /> Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
<br /> reference herein as if fully set forth herein, in connection with the Agreement conditions
<br /> hereunder.
<br /> The Contractor covenants that it presently has no interest and shall not acquire any interest,
<br /> direct 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
<br /> person having any such interest shall knowingly be employed by the Contractor. The
<br /> Contractor guarantees that he/she has not offered or given to any member of, delegate to the
<br /> Congress of the United States, any or part of this contract or to any benefit arising therefrom.
<br /> 17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees,
<br /> to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its
<br /> agents, representatives, officers, directors, officials and employees from and against claims,
<br /> damages, losses and expenses (including but not limited to attorney's fees, arbitration costs,
<br /> and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's
<br /> negligent acts, errors, mistakes or omissions relating to professional services in the
<br /> performance of this Agreement. The Contractor's duty to defend, hold harmless and
<br /> indemnify the City, its agents, representatives, officers, directors, officials and employees shall
<br /> arise in connection with any claim, damage, loss or expense that is attributable to bodily
<br /> injury; sickness; disease; death; or injury to impairment, or destruction of tangible property
<br /> including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or
<br /> omissions related to Services performed by Contractor under this Agreement including any
<br /> person for whose acts, errors, mistakes or omissions the Contractor may be legally liable for,
<br /> including but not limited to Contractor's employees, agents or representatives. The parties
<br /> C1314-063 SHORTY'S BBQ,INC. Pate 6 of 8
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