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16. 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. <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 /> 17. 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 /> the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference <br /> herein as if fully set forth herein, in connection with the Agreement conditions hereunder. <br /> The 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 of <br /> the Services. The Contractor further covenants that in the performance of this Agreement, no <br /> person having any such interest shall knowingly are 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 /> 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. The Contractor's duty to defend, hold harmless and <br /> indemnify the City, its agents, representatives, officers, directors, officials and employees shall <br /> arise in connection with any claim,damage, loss or expense that is attributable to bodily injury; <br /> sickness; disease; death; or injury to impairment, or destruction of tangible property including <br /> loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions <br /> related to professional services in the performance of this Agreement including any person for <br /> whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties <br /> C1213-024-COOT:FREEZE AIR CONDITIONING CORP. Page 6 of 8 S 1 V <br />