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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.
<br />
<br />22. 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 />hcrcundcr. Contractor covenants that it presently has no interest and shall not acquire
<br />any interest, direct or indirectly that should conflict in any marmer or dcgree with the
<br />performance of the services.
<br />
<br />23. PATENTS AND COPYRIGHTS. The Contractor shall pay all royalties and
<br />assume all costs arising from the use of any invention, design, process, materials,
<br />equipment, product or device in performance of the Work, which is the subject of patent
<br />rights or copyrights. Contractor shall, at its own expense, hold harmless, indemnify and
<br />defend the City against any claim, suit or proceedings brought against the City which is
<br />based upon a claim, whether rightful or otherwise, that the Work, or any part thereof,
<br />furnishcd under this Agrcemcnt, constitutes an infringement of any patent or copyright of
<br />the United States. The Contractor shall pay all damages, costs and attorney's fees
<br />awarded against the City.
<br />
<br />24. WARRANTY. The Contractor warrants that the Work including equipment and
<br />materials provided shall conform to professional standards of care and practice in effect
<br />at the time the Work is performed, be of the highest quality, and be free from all faults,
<br />defects or errors. The Contractor further warrants that all equipment and materials
<br />provided shall be new. If the Contractor is notified in writing of a fault, deficiency or
<br />error in the Work provided within one (I) year, unless a longer period is specified in the
<br />solicitation, from completion of the Work, the Contractor shall, at the City's option,
<br />either reperform such portions of the Work to correct such fault, defect or error, at no
<br />additional cost to the City, or refund to the City, the charge paid by the City, which is
<br />attributable to such portions of the faulty, defective or erroneous Work, including the
<br />costs for reperformance of the work provided by other Contractors.
<br />
<br />25. FORCE MAJEUREIINTERRUPTION. Neither party shall be Iiablc 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").
<br />
<br />26. ENTIRE AGREEMENT. This Agreement and all terms and conditions
<br />specified in RFP No. 12-01-04 which is expressly incorporated hcrein by reference, shall
<br />
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<br />C1112-020 Beach Signs - GRAPHPLEX
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