Reso 2024-3696 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 23. BACKGROUND CHECKS. All staff managing events on site related to this Agreement shall be required, at their sole cost and expense, to pass a criminal background check performed by the City. The criminal background check shall consist of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any personnel not meeting this requirement will not be permitted to work at any City facility. A violation of this requirement shall constitute a substantial material breach of this Agreement. Contractor expressly understands and agrees that a duty is hereby created under this Agreement that requires Contractor to provide ongoing disclosure throughout the term of this Contract as provided for herein relative to the criminal background screening required by this Section. 24. DAMAGE TO CITY PROPERTY. The City has agreed that all rentals of Gateway Center managed by the Contractor shall be required to exclusively use the Contractor's pre -qualified vendors. Therefore, any damages to Gateway Center or City property caused by the Contractor, the Contractor's employees, subcontractors, vendors, agents, or that occur during an event managed by the Contractor, shall be the responsibility of the Contactor, including but not limited to: A. Broken equipment and/or furniture; B. Stains on walls, floors, or equipment; C. Defacement of any part of the interior or exterior of the building; D. Damage caused by improper use of equipment; and/or E. Missing equipment or equipment parts; The Contractor's responsibility under this provision for damage to the City's property shall be based on replacement or repair costs incurred by the City. To the extent that it can be determined that the damages were as a direct result of a renter/user, the City will withhold the appropriate amounts from the renter's security deposit. However, if the damage fees exceed the security deposit amount, the City will invoice Contractor for those damages in excess of the deposit amount. 25. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. 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. D. Each individual executing this Agreement on behalf of a party hereto hereby' represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized Style Catering Page 11 of 17