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<br />Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
<br />Executive Order 11248 as amended by Executive Orders 11375 and 12086.
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<br />The Consultant 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/family status, or status with regard to public assistance. The Consultant 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 payor
<br />other forms of compensation, and selection for training, including apprenticeship. The
<br />Consultant 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 Consultant 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 />
<br />26. CONFLICT OF INTEREST. The Consultant 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 />Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully
<br />set forth herein, in connection with the Agreement conditions hereunder. Consultant covenants
<br />that it presently has no interest and shall not acquire any interest, direct or indirectly that should
<br />conflict in any manner or degree with the performance of the services.
<br />
<br />27. WARRANTY. The Consultant warrants that the Services including equipment and
<br />materials provided shall conform to professional standards of care and practice in effect at the
<br />time the Services are performed, be of the highest quality, and be free from all faults, defects or
<br />errors. The Consultant further warrants that all equipment and materials provided shall be new.
<br />If the Consultant is notified in writing of a fault, deficiency or error in the Services provided
<br />within one (1) year, unless a longer period is specified in the solicitation, from completion of the
<br />Services, the Consultant shall, at the City's option, either re-perform such portions of the
<br />Services to correct such fault, defect or error, at no additional cost to the City, or refund to the
<br />City, the charge paid by the City, which is attributable to such portions of the faulty, defective or
<br />erroneous Services, including the costs for re-performance of the work provided by other
<br />Consultants.
<br />
<br />28. FORCE MAJEUREIINTERRUPTION. Neither party shall be liable for any failure to
<br />perform any of its obligations under this Agreement (except payment obligations) due to
<br />unforeseen circumstances or causes beyond the party's reasonable control, including without
<br />limitation, acts of God, riot, embargoes, acts of governmental authorities, fire, earthquake, flood,
<br />accident, strikes, or inability to secure transmission facilities ("Force Majeure").
<br />
<br />29. ENTIRE AGREEl\1ENT. This Agreement shall constitute the entire agreement
<br />between the parties with respect to the subject matter hereof, and it shall supersede all previous
<br />and contemporaneous oral and written negotiations, commitments, agreements and
<br />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 />CIOII-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier
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