Reso 2020-3130 - Laserfiche WebLink

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Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 12. CONTRACTOR'S EMPLOYEES AND REQUIRED IDENTIFICATION. Employees of the Contractor must be 18 years or older. Contractor's employees shall be considered to be at all times the sole employees of the Contractor under the Contractor's sole discretion and not an employee or agent of the City. The Contractor shall supply competent and physically capable employees, and the City may require the Contractor to immediately remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment is not in the best interest of the City. Prior to performing work in the City pursuant to this Agreement, all managers and employees of Contractor, any independent contractors, and any subcontractors (collectively "Personnel") shall be required to undergo background checks as follows: i. The Contractor shall submit to the City's Project Manager within fourteen (14) days of the execution of the Notice to Proceed a list of all Personnel proposed to perform work under the Agreement; ii. The list of Personnel identified in subsection (i) shall be updated within twenty-four (24) hours of when changes occur; iii. A thorough State and national background check that identifies an individual's entire criminal history shall be conducted by the City for each of Contractor's Personnel in accordance with Section 435.03, Florida Statutes (level 2 screening) and all other applicable law; iv. The Contractor shall be responsible for the cost of the background check described herein which is $67.75 per person payable to the City. Contractor acknowledges that a third - party entity performs the background checks and that the City has no control over the cost. Therefore, in the event the cost of the background checks required under this Section exceeds $67.75 per person, Contractor agrees to pay the increased cost provided that the City provides documentation reflecting the revised amount being charged by the third -party performing the background checks; V. A background check shall be conducted on new Personnel prior to performing any work under the Agreement, and on each Personnel automatically at least once every five years. If any Personnel leaves Contractor's employ and returns, the Personnel will need to have their background check cleared again through the City; and vi. Failure of Contractor to comply with the provisions of Section 11, herein, shall be cause for termination of the Agreement. 13. &VER.IFY. Beginning January 1, 2021, Contractor shall be responsible for complying with the E-Verify requirements set forth in Florida Statute 448.095. 14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency Contract No. 2020-6603-P - BRIGHTVIEW LANDSCAPING SERVICES, INC.7