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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33 I 60 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />The Contractor will not discriminate against any employee or applicant for employment because <br />of 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 payor <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. <br /> <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 /> <br />16. 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. <br /> <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 person <br />having any such interest shall knowingly be employed by the Contractor. The Contractor <br />guarantees that he/she has not offered or given to any member of, delegate to the Congress of the <br />United States, any or part of this contract or to any benefit arising therefrom. <br /> <br />17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement <br />supersede any other conflicting provisions that are contained in any other document. <br /> <br />18. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly <br />incorporated herein by reference, contain the entire agreement of the parties, and may be <br />amended, waived, changed, modified, extended or rescinded only by a writing signed by the <br />party against whom any such amendment, waiver, change, modification, extension and/or <br />rescission is sought. <br /> <br />19. INDEMNIFICATION. The City shall not in any way be answerable or <br />accountable for any violations of applicable laws or for any injury, loss or damage arising from <br />the negligence or omission of Contractor or anyone of its employees, Contractors or agents. <br />Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any <br />claim, loss, damage, liability, cost or expense, including attorneys' fees arising out of (i) the <br />performance or breach by the Contractor of its obligations under this Agreement, or (ii) any <br />personal or bodily injury, including death, to any person and destruction of property resulting <br />from the performance or breach by Contractor. Contractor's indemnity obligation shall extend up <br />6 <br /> <br />C0708-038 B & G FENCES, CORP. AGREEMENT <br />