Reso 2012-1839 - Laserfiche WebLink

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setting forth the provisions of this non-discrimination clause, The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U,S.c. 708), which prohibits discrimination against the handicapped in any Federally assisted program, 27. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance of the services. 28. WARRANTY. The Contractor warrants that the Services including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Services are performed, be of the highest quality, and be free from all faults, defects or errors. The Contractor further warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Services provided within one (1) year, unless a longer period is specified in the solicitation, from completion of the Services, the Contractor shall, at the City's option, either re-perform such portions of the Services to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Services, including the costs for re-performance of the work provided by other Contractors. 29. FORCE MAJEUREIINTERRUPTION. Neither party shall be liable for any failure to perform any of its obligations under this Agreement (except payment obligations) due to unforeseen circumstances or causes beyond the party's reasonable control, including without limitation, acts of God, riot, embargoes, acts of governmental authorities, fire, earthquake, flood, accident, strikes, or inability to secure transmission facilities ("Force Majeure"). 30. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto, This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 31. AMENDMENT. Any modification of this Agreement shall be effective only ifin writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 32. CONFLICTING PROVISIONS. The terms and conditions of this Agreement shall prevail over any contrary or inconsistent terms in any other document, including but not limited to Attachment "A" which is attached hereto, 10 ('l r') ,J tJ