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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 />WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL <br />LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to <br />serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed <br />by the City pursuant to Section 768.28, Florida Statutes. <br />19. BACKGROUND CHECKS. Prior to performing the Work pursuant to the Agreement, <br />all managers and employees of Contractor, any independent contractors, and any subcontractors <br />(collectively "Personnel") shall be required to undergo a criminal background check consisting of <br />a Florida Department of Law Enforcement ("FDLE") and Florida Crime Information <br />Center/National Crime Information Center ("FCICNCIC") criminal records check. Any Personnel <br />not meeting this requirement will not be permitted to perform any Work under this Agreement: <br />The aforementioned criminal background check shall be performed through the City's Human <br />Resources Department, at the Contractor's sole cost and expense. Failure of Contractor to comply <br />with the provisions of this section, herein, shall be cause for termination of the Agreement. <br />20. NOTICES. All notices and other communications required or permitted to be given <br />under this Agreement by either parry to the other shall be in writing and shall be sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return <br />receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, <br />or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by <br />certified or registered mail, first class postage prepaid, return receipt requested or by overnight <br />delivery by traditionally recognized courier service), addressed to such party as follows: <br />If to the City: <br />Stan Morris <br />With a copy to: <br />City Manager <br />City Attorney <br />City of Sunny Isles Beach <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />18070 Collins Avenue <br />Fourth Floor <br />Fourth Floor <br />Sunny Isles Beach, Florida 33160 <br />Sunny Isles Beach, Florida 33160 <br />Tel: (305) 792-1776 <br />Tel: (305) 792-1766 <br />smorris sibfl.net <br />aboileau n nlaw.com <br />If to the <br />Brian Lambert, President <br />Contractor: <br />3800 East 91st Street <br />Cleveland, Ohio 44105 <br />Tel: (850) 544-7991 <br />blamberta arlandind.com <br />21. PUBLIC RECORDS. The Contractor shall be required to comply with the following <br />requirements under Florida's Public Records Law: <br />A. Contractor shall keep and maintain public records required by the City to perform <br />the service. <br />B. Upon request from the City, Contractor shall provide the City with a copy of the <br />requested records or allow the records to be inspected or copied within a reasonable time at a cost <br />that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided <br />by law. <br />GARLAND/DBS, INC. 10 <br />