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<br />Title VIll of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community <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 /> <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/family status, or status with regard to public assistance. The <br />Contractor will take aflirmative 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 payor 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 /> <br />23. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed <br />by the Miami-Dade County Conflict of Interest Ordinance Section 2- I 1.1, as amended; and <br />by 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. Contractor <br />covenants that it presently has no interest and shall not acquire any interest, direct or <br />indirectly that should con11ict in any manner or degree with the perfom1ance of the services. <br /> <br />24. CONFLICTING PROVISIONS. The terms and conditions in this agreement <br />supersede any other conflicting provisions that are contained in any other document. <br /> <br />25. PATENTS AND COPYRIGHTS. The Contractor shall pay all royalties and <br />assume all costs arising ii'OI11 the use of any invention, design, process, materials, equipment, <br />product or device in performance of the Work, which is the subject of patent rights or <br />copyrights. Contractor shall, at its own expense, hold harmless, indemnify and defend the <br />City against any claim, suit or proceedings brought against the City which is based upon a <br />claim, whether rightful or otherwise, that the Work, or any part thereof: furnished under this <br />Agreement, constitutes an infringement of any patent or copyright of the United States. The <br />Contractor shall pay all damages, costs and attorney's fees awarded against the City. <br /> <br />26. WARRANTY. The Contractor warrants that the Work including equipment and <br />materials provided shall conform to professional standards of care and practice in effect at <br />the time the Work is performed, be of the highest quality, and be free from all faults, defects <br />or errors. The Contractor further warrants that all equipment and materials provided shall be <br />new. If the Contractor is notified in writing of a fault, deficiency or error in the Work <br />provided within one (I) year, unless a longer period is specified in the solicitation, from <br />completion of the Work, the Contractor shall, at the City's option, either re-perfonl1 such <br />portions of the Work to correct such fault, defect or error, at no additional cost to the City, or <br />