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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF <br />CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE <br />PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S <br />CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 <br />Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. <br />X. AUDIT. The Contractor shall make available to the City, or its representative all required financial <br />records associated with the Agreement for a period of three (3) years. <br />XI. CRIMINAL BACKGROUND CHECK. Prior to performing work in the City pursuant to the <br />Agreement, the Contractor shall be required to undergo a criminal background check consisting of a <br />Florida Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime <br />Information Center ("FCIC/NCIC") criminal records check. If Contractor does not meet this requirement, <br />Contractor will not be permitted to perform work under this Agreement. The aforementioned criminal <br />background check shall be performed through the City's Human Resources Department, at the <br />Contractor's sole cost and expense. Failure of Contractor to comply with the provisions of this Section <br />shall be cause for termination of the Agreement. <br />XII. MISCELLANEOUS. <br />A. In the event any provision of this Agreement is found to be void and unenforceable by a <br />court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding <br />upon the parties with the same effect as though the void or unenforceable provisions had been severed <br />and deleted. <br />B. This Agreement may be executed in multiple identical counterparts, each of which shall <br />be deemed an original for all purposes. <br />C. This Agreement shall constitute the entire agreement between the parties with respect <br />to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written <br />negotiations, commitments, agreements, and understandings relating hereto. <br />D. Any modification of this Agreement shall be effective only if in writing and signed by the <br />parties to this Agreement. <br />E. No waiver of any provision of this Agreement shall be valid or enforceable unless such <br />waiver is in writing and signed by the party granting such waiver. <br />4.7 <br />