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be). If the parties are unable to agree upon the selection of a mediator, such mediation <br />shall be held before the American Arbitration Association. The Mediator shall make a <br />recommendation to the parties in the form of a written mediated settlement <br />agreement. Each party to the dispute shall sign such agreement after receipt of the <br />same or immediately file a demand for Arbitration, in which event the parties shall <br />proceed to Arbitration in accordance with the previous paragraph. <br />16.3 All costs of the Arbitration, including the legal action to confirm and <br />enforce the arbitrator's award, as the case may be, including the reasonable legal fees <br />of both parties shall be paid by the non - prevailing party, or, if neither party prevails on <br />the whole, each party shall be responsible for a portion of the costs of Arbitration as may <br />be determined by the court on confirmation. <br />Article 17: Non - Discrimination <br />17.1 The Contractor agrees to comply with all local and state civil rights ordinances <br />and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil <br />Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act <br />of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with <br />Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, <br />and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. <br />17.2 The Contractor will not discriminate against any employee or applicant for <br />employment because of race, color, creed, religion, ancestry, national origin, sex, <br />disability or other handicap, age, marital /familial status, or status with regard to public <br />assistance. The Contractor will take affirmative action to insure that all employment <br />practices are free from such discrimination. Such employment practices include but are <br />not limited to the following: hiring, upgrading, demotion, transfer, recruitment or <br />recruitment advertising, layoff, termination, rates of pay or other forms of compensation, <br />and selection for training, including apprenticeship. <br />17.3 The Contractor agrees to post in conspicuous places, available to employees and <br />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 <br />1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any <br />Federally assisted program. <br />Article 18: Conflict of Interest <br />18.1 The Contractor agrees to adhere to and be governed by the Miami -Dade County <br />Conflict of Interest Ordinance Section 2 -11.1, as amended; and by Chapter 33 of the City <br />of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as <br />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, <br />directly or indirectly which should conflict in any manner or degree with the performance <br />of the Work described in this Agreement. <br />C1011 -055 NAMIN CONSTRUCTION CO. INC. Page 12 of 15 <br />