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C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Contractor is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />1.10 GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement <br />shall be governed by, construed and enforced in accordance with the laws of the State of Florida. <br />Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes <br />necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and <br />the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the <br />pretrial, trial and appellate levels. <br />1.11 CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term <br />of this Agreement or any time for a period of 10 (Ten) years subsequent to that date upon which <br />the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any <br />person or entity, other than in the discharge of the duties of the Contractor under this Agreement, <br />any information which the City designates in writing as "confidential." As a violation by the <br />Contractor of the provisions of this Section could cause irreparable injury to the City and there is <br />no adequate remedy at law for such violation, the City shall have the right, in addition to any <br />other remedies available to it at law or in equity, to enjoin the Contractor from violating such <br />provisions. <br />1.12 BACKGROUND CHECK. A criminal background check will be required for any <br />employee of the Contractor performing janitorial services under this Agreement, during each <br />year of this Agreement. The Contractor shall provide sufficient proof to the City that they <br />performed criminal background checks on all employees designated to work at City facilities <br />under this Agreement. The Contractor shall ensure that only their property designated <br />employees listed with the City Manager be permitted on City premises. The Contractor and all <br />personnel employed by them shall be required, at their sole cost and expense, to pass a criminal <br />background check prior to performing services under this Agreement. This background check <br />shall be required during each year of this Agreement, including any renewal term. The criminal <br />background check shall consist of a Florida department of law enforcement ( "FDLE ") Florida <br />crime information center /national crime information center ( "FCIC/NCIC ") criminal records <br />check. Any employee not meeting this requirement shall not be permitted to work at any City <br />facility. The Contractor shall be required to co- ordinate the criminal background checks through <br />the City Manager or his designee. <br />1.13 NOTICES: All notices and other communications required or permitted to be given <br />under this Agreement by either party 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 <br />service, or (iii) by facsimile 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 />5 �`` <br />