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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Honda 33 1 bU
<br /> • (305) 947-0606 phone(305) 949-3113 Fax
<br /> 15. AUDIT. The Consultant shall make available to the City orits representative all required
<br /> financial records associated with the Agreement for a period of Three(3) years.
<br /> 16. NON-DISCRIMINATION. The Consultant 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 Development
<br /> Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
<br /> Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
<br /> Executive Order 11248 as amended by Executive Orders 11375 and 12086.
<br /> The Consultant 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 Consultant will take
<br /> affirmative action to insure that all employment practices are free from such discrimination. Such
<br /> employment practices include but are not limited to the following: hiring, upgrading,demotion,
<br /> transfer,recruitment or recruitment advertising, layoff,termination,rates of pay or other forms of
<br /> compensation, and selection for training, including apprenticeship. The Consultant agrees to post
<br /> in conspicuous places, available to employees and applicants for employment, notices to be
<br /> provided by the City setting forth the provisions of this non-discrimination clause. The
<br /> Consultant agrees to comply with any Federal regulations issued pursuant to compliance with
<br /> Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination
<br /> against the handicapped in any Federally assisted program.
<br /> 17. CONFLICT OF INTEREST. The Consultant 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 Consultant
<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 /> Consultant further covenants that in the performance of this Agreement, no person having any
<br /> such interest shall knowingly be employed by the Consultant. The Consultant 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 /> 18. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant 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 all 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 Consultant's negligent acts,
<br /> errors, mistakes or omissions relating to professional services in the performance of this
<br /> Agreement. The Consultant'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 therefrom,
<br /> caused by any negligent acts, errors, mistakes or omissions related to professional services in the
<br /> performance of this Agreement including any person for whose acts,errors,mistakes or omissions
<br /> C2902-1617-019-O'Leary Richards Design Associates,Inc.
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