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City of Sunny Isles Beaeh 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever <br />resulting from injuries or damages sustained by any person or property. In the event any lawsuit <br />or other proceeding is brought against City by reason of any such claim, cause of action or demand, <br />Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by <br />counsel satisfactory to City. <br />The provisions and obligations of this section shall survive the expiration or earlier termination of <br />this Agreement. To the extent considered necessary by City, any sum due Contractor under this <br />Agreement may be retained by City until all of City's claims for indemnification pursuant to this <br />Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject <br />to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents <br />specific consideration to the Contractor for the indemnification set forth in this Agreement. <br />17. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and <br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect <br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, <br />licenses, approvals and consents necessary for the lawful conduct of the activities contemplated <br />under this Agreement. <br />18. CONTRACTOR'S EMPLOYEES. Employees of the Contractor must be 18 years or <br />older. Contractor's employees shall be considered to be at all times the sole employees of the <br />Contractor under the Contractor's sole discretion and not an employee or agent of the City. The <br />Contractor shall supply competent and physically capable employees, and the City may require <br />the Contractor to immediately remove an employee it deems careless, incompetent, insubordinate, <br />or otherwise objectionable and whose continued employment is not in the best interest of the City. <br />Prior to performing work in the City pursuant to this Agreement, all managers and employees of <br />Contractor (collectively "Personnel") shall be required to undergo background checks as follows: <br />A. The Contractor shall submit to the City within ten (10) days of the execution of the <br />Agreement a list of all Personnel proposed to perform work under the Agreement; <br />B. The list of Personnel identified in subsection (A) shall be updated within twenty-four (24) <br />hours of when changes occur; <br />C. A thorough State and national background check that identifies an individual's entire <br />criminal history shall be conducted by the City for each of Contractor's Personnel in <br />accordance with Section 435.03, Florida Statutes (level 2 screening) and all other <br />applicable law; <br />D. The Contractor shall be responsible for the cost of the background check described herein <br />which is $62.75 per person, which amount may be subject to change. This amount is <br />payable to the City; <br />E. A background check shall be conducted on new Personnel prior to performing any work <br />under the Agreement, and on each Personnel automatically at least once every five years. <br />If any Personnel leaves Contractor's employ and returns, the Personnel will need to have <br />their background check cleared again through the City; and <br />F. Failure of Contractor to comply with the provisions of this Section shall be cause for <br />termination of the Agreement. <br />19. REQUIRED IDENTIFICATION. All Personnel performing work under this Agreement <br />shall prominently display on his or her person at all times a City issued picture identification badge <br />