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' II
<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/familial status, or status with regard to public assistance. The
<br /> Contractor will take affirmative 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 pay or 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.
<br /> The Contractor agrees to comply with any Federal regulations issued pursuant to compliance
<br /> with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits
<br /> discrimination against the handicapped in any Federally assisted program.
<br /> 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed
<br /> by 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.
<br /> The Contractor covenants that it presently has no interest and shall not acquire any interest,
<br /> direct or indirectly which should conflict in any manner or degree with the performance of the
<br /> 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. The
<br /> Contractor guarantees that he/she has not offered or given to any member of, delegate to the
<br /> Congress of the United States,any or part of this contract or to any benefit arising therefrom.
<br /> 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
<br /> supersede any other conflicting provisions that are contained in any other document, including
<br /> but not limited to any attachment hereto.
<br /> 18. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees,
<br /> to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its
<br /> agents, representatives, officers, directors, officials and employees from and against claims,
<br /> damages, losses and expenses (including but not limited to attorney's fees, arbitration costs,
<br /> and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's
<br /> negligent acts, errors, mistakes or omissions relating to professional services in the
<br /> performance of this Agreement.
<br /> The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
<br /> representatives, officers, directors, officials and employees shall arise in connection with any
<br /> claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br /> injury to impairment, or destruction of tangible property including loss of use resulting
<br /> therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
<br /> services in the performance of this Agreement including any person for whose acts, errors,
<br /> mistakes or omissions the Contractor may be legally liable.
<br /> CI213-022 SHORTY'S BBQ,INC. Page 6 of 8
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