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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 />"Personnel") shall be required to undergo a criminal background check consisting of a <br />Florida Department of Law Enforcement ("FDLE") and Florida Crime Information <br />Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any <br />Personnel not meeting this requirement will not be permitted to perform work under this <br />Agreement. Prior to each event, the City will request a list of names for those individuals <br />who will be working the event, and request proof of the cleared criminal background check. <br />In order to be deemed valid, the criminal background check results must have been issued <br />within the twelve (12) months immediately preceding the event. The Contractor shall be <br />solely responsible for the cost of the criminal background check described herein. Failure of <br />Contractor to comply with the provisions of Section 21(A), herein, shall be cause for <br />termination of the Agreement. <br />B. The Contractor's Personnel shall wear an identifiable uniform shirt provided by the <br />Contractor, and maintain a clean, neat appearance. <br />22. MISCELLANEOUS. <br />A. In the event any provision of this Agreement is found to be void and unenforceable <br />by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless <br />be binding upon the parties with the same effect as though the void or unenforceable provisions had <br />been severed and deleted. <br />B. This Agreement may be executed in multiple identical counterparts, each of which <br />shall be deemed an original for all purposes. <br />C. No waiver of any provision of this Agreement shall be valid or enforceable unless <br />such waiver is in writing and signed by the party granting such waiver. <br />D. Each individual executing this Agreement on behalf of a party hereto hereby <br />represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized <br />by all necessary and appropriate action to execute this Agreement on behalf of such party and does <br />so with full legal authority to bind their respective party to this Agreement. <br />E. This Agreement contains the entire agreement of the parties, and may be amended, <br />waived, changed, modified, extended or rescinded only by in writing signed by the party against <br />whom any such amendment, waiver, change, modification, extension and/or rescission is sought. <br />F. If there is a conflict or inconsistency between any term, statement, requirement, or <br />provision of any exhibit attached hereto, any document or events referred to herein, or any document <br />incorporated into this Agreement, the term, statement, requirement, or provision contained in this <br />Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent <br />term, statement, requirement or provision contained in any other document or attachment, including <br />but not limited to Attachments "A", `B" and "C". <br />2021-7626 Amusement Source Page 10 of 11 <br />