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<br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br /> (305) 947-0606 Phone (305) 949-3113 Fax
<br /> Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
<br /> g ,
<br /> 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
<br /> 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 by
<br /> 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, direct
<br /> or indirectly which should conflict in any manner or degree with the performance of the Services.
<br /> The Contractor further covenants that in the performance of this Agreement, no person having
<br /> any such interest shall knowingly be employed by the Contractor. The Contractor guarantees
<br /> that he/she has not offered or given to any member of, delegate to the Congress of the United
<br /> 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
<br /> acts, 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 Services
<br /> performed by Contractor under this Agreement including any person for whose acts, errors,
<br /> mistakes or omissions the Contractor may be legally liable for, including but not limited to
<br /> Contractor's employees, agents or representatives. The parties agree that One Hundred Dollars
<br /> ($100.00) represents specific consideration to the Contractor for the indemnification set forth in
<br /> this Agreement.
<br /> C4342 1516-062 SHORTY'S BBQ.INC Page 6 of 8
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