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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 />other than those set forth in this Agreement. Instructor shall furnish its own transportation, office <br />and other supplies as he or she determines necessary in carrying out the Services under this <br />Agreement. <br />9. ASSIGNMENT <br />The rights of each party under this agreement are personal to that party and may not be <br />assigned or transferred to any other person, firm, corporation, or other entity without the prior, <br />express, and written consent of the other party. <br />10. SECURITY BACKGROUND CHECK <br />Prior to performing any Services pursuant to this Agreement, Instructor, and any other <br />personnel authorized by the City in writing, shall be required to undergo a criminal background <br />check consisting of a Florida Department of Law Enforcement ("FDLE") and Florida Crime <br />Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check, <br />which will be facilitated by the City. Coordination of the background check described herein shall <br />be through the City's Human Resources Department. Instructor shall be solely responsible for the <br />cost of the background check described herein. The City shall have full discretion to disqualify, <br />prevent, or remove Instructor or any employee or agent due to failure to meet this security <br />background check requirement. Failure of Instructor to comply with this provision shall be cause <br />for termination of this Agreement. <br />Instructor shall ensure that only his or her properly designated and approved employees or <br />subcontractors listed with the City Manager or his or her designee be permitted to provide Services <br />under this Agreement, and that said employees or subcontractors undergo the security background <br />check provisions as set forth herein. <br />If the City cancels the class for any reason outside the reasonable control of Instructor, such as <br />low enrollment in the scheduled class or Acts of God (including but not limited to fire, flood, <br />earthquake, storm, hurricane or other natural disaster), then the City shall refund Instructor for the <br />costs of the security background checks, provided the City does not reschedule the Classes within <br />ninety (90) days of the canceled Classes. However, in the event Instructor cancels the Classes on <br />his or her own initiative, then Instructor shall not be entitled to any refunds, including for the <br />security background checks. <br />11. MEDIA RELEASE <br />Instructor hereby provides City permission for photographs to be used in future <br />promotional, materials by the City. Instructor agrees that any photographs, pictures, slides, movies, <br />or videos may be taken by the City in connection with their participation in the event or activity <br />without any compensation from the City or their agents and employees and does hereby consent <br />to the use of said photographs, pictures, slides, movies, or videos for any legal purpose. Instructor <br />further acknowledges and agrees that it is strictly prohibited from utilizing any photographs, <br />pictures, slides, movies, videos, or digital content which depicts program participants, for any <br />purpose, including but not limited to, Instructor's social media, website, or marketing materials. <br />INSTRUCTOR AGREEMENT — REV. 7/24 Page 5 of 15 <br />