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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949 -3113 Fax <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 />18. 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 the <br />City of Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by reference herein as if <br />fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor <br />covenants that it presently has no interest and shall not acquire any interest, directly or indirectly <br />which should conflict in any manner or degree with the performance of the Services. The <br />Contractor further covenants that in the performance of this Agreement, no person having any <br />such interest shall knowingly be employed by the Contractor. The Contractor guarantees that <br />he /she has not offered or given to any member of, delegate to the Congress of the United States, <br />any or part of this contract or to any benefit arising therefrom. <br />19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to <br />the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, <br />representatives, officers, directors, officials and employees from and against claims, damages, <br />losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of <br />appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, <br />errors, mistakes or omissions relating to professional services in the performance of this <br />Agreement. 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. The parties agree that One Hundred <br />Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set <br />forth in this Agreement. <br />20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations <br />and ordinances of any federal, state, or local governmental authority having jurisdiction with <br />respect to this Agreement ( "Applicable Laws ") and shall obtain and maintain any and all <br />material permits, licenses, approvals and consents necessary for the lawful conduct of the <br />activities contemplated under this Agreement. <br />21. CONFLICTING PROVISIONS. The terms and conditions in this Agreement and <br />Invitation to Bid No. 13 -12 -02 supersede any other conflicting provisions that are contained in <br />any other document, including any attachments hereto. If there is a conflict or inconsistency <br />between any term, statement, requirement, or provision of any exhibit attached hereto, or any <br />document or events referred to herein, or otherwise incorporated by reference, the term, <br />statement, requirement, or provision contained in this Agreement shall prevail and be given <br />superior effect and priority over any conflicting or inconsistent term, statement, requirement or <br />provision contained in any other document or attachment, including but not limited to <br />7 <br />C1314 -016 COOL - BREEZE AIR CONDITIONING, CORPORATION <br />