|
attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to
<br /> property, at law or in equity, which may arise or may be alleged to have risen from the negligent
<br /> acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal
<br /> entity acting under Contractor's control in connection with the Contractor's performance of
<br /> Services under this Agreement and to that extent the Contractor shall pay such claims and losses
<br /> and shall pay all such costs and judgments which may issue from any lawsuit arising from such
<br /> claims and losses including wrongful termination or allegations of discrimination or harassment,
<br /> and shall pay all costs and attorneys' fees expended by the City in defense of such claims and
<br /> losses including appeals. The parties agree that ten percent (10%) of the total compensation is a
<br /> specific consideration from the City to the Contractor for this indemnity.
<br /> 17. CONFLICT OF INTEREST. The Contractor 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 /> Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
<br /> reference herein as if fully set forth herein, in connection with the Agreement conditions
<br /> hereunder. The Contractor covenants that it presently has no interest and shall not acquire any
<br /> interest, direct or indirectly which should conflict in any manner or degree with the performance
<br /> of the services. The Contractor further covenants that in the performance of this agreement, no
<br /> person having any such interest shall knowingly be employed by the Contractor. No member of,
<br /> or delegate to the Congress of the United States shall be admitted to any share or part of this
<br /> agreement or to any benefits arising therefrom.
<br /> 18. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
<br /> civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
<br /> of the Civil Rights Act of 1968 as amended, Title 1 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 Order
<br /> 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The
<br /> Contractor will not discriminate against any employee or applicant for employment because of
<br /> race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
<br /> marital/familial status, or status with regard to public assistance. The Contractor 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 pay or
<br /> other forms of compensation, and selection for training, including apprenticeship. The
<br /> Contractor 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 Contractor 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 /> 19. NOTICES: All notices and other communications required or permitted to be given
<br /> under this Agreement by either party to the other shall be in writing and shall be sent (except as
<br /> otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
<br /> receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
<br /> service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
<br /> 060-6706 Prestige Auto Transport Towing& Recovery 5
<br />
|