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<br />Contractor will take affirmative action to insure that all employment practices are free
<br />from such discrimination. Such employment practices include but are not limited to the
<br />following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
<br />layoff, termination, rates of payor other forms of compensation, and selection for
<br />training, including apprenticeship. The Contractor agrees to post in conspicuous places,
<br />available to employees and applicants for employment, notices to be provided by the City
<br />setting forth the provisions of this non-discrimination clause. The Contractor agrees to
<br />comply with any Federal regulations issued pursuant to compliance with Section 504 of
<br />the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against
<br />the handicapped in any Federally assisted program.
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<br />27. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be
<br />governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as
<br />amended; and by Sunny Isles Beach Ordinance No. 99-82, which are incorporated by
<br />reference herein as if fully set forth herein, in connection with the Agreement conditions
<br />hereunder. Contractor covenants that it presently has no interest and shall not acquire
<br />any interest, direct or indirectly that should conflict in any manner or degree with the
<br />performance of the services.
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<br />28. WARRANTY. The Contractor warrants that the Services including equipment
<br />and materials provided shall conform to professional standards of care and practice in
<br />effect at the time the Services are performed, be of the highest quality, and be free from
<br />all faults, defects or errors. The Contractor further warrants that all equipment and
<br />materials provided shall be new. If the Contractor is notified in writing of a fault,
<br />deficiency or error in the Services provided within one (1) year, unless a longer period is
<br />specified in the solicitation, from completion of the Services, the Contractor shall, at the
<br />City's option, either re-perform such portions of the Services to correct such fault, defect
<br />or error, at no additional cost to the City, or refund to the City, the charge paid by the
<br />City, which is attributable to such portions of the faulty, defective or erroneous Services,
<br />including the costs for re-performance of the work provided by other Contractors.
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<br />29. FORCE MAJEUREIINTERRUPTION. Neither party shall be liable for any
<br />failure to perform any of its obligations under this Agreement (except payment
<br />obligations) due to unforeseen circumstances or causes beyond the party's reasonable
<br />control, including without limitation, acts of God, riot, embargoes, acts of governmental
<br />authorities, fire, earthquake, flood, accident, strikes, or inability to secure transmission
<br />facilities ("Force Majeure").
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<br />30. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement
<br />between the parties with respect to the subject matter hereof, and it shall supersede all
<br />previous and contemporaneous oral and written negotiations, commitments, agreements
<br />and understanding relating hereto. This Agreement may be executed in multiple identical
<br />counterparts, each of which shall be deemed an original for all purposes.
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<br />31. AMENDMENT. Any modification of this Agreement shall be effective only ifin
<br />writing and signed by the parties to this Agreement. No waiver of any provision of this
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