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<br />City of Sunny Isles Beach |Request for Proposal No. 22-03-01 13 <br /> <br />and workers’ compensation. All staff assigned to this contract shall be required, at their <br />sole cost and expense, to pass a criminal background check performed by the City prior <br />to award of the contract. The criminal background check shall consist of a Florida Department <br />of Law Enforcement (“FDLE”) Florida Crime Information Center/National Crime Information Center <br />(“FCIC/NCIC”) criminal records check. Any employee not meeting this requirement will not be <br />permitted to work at any City facility. A violation of this requirement shall constitute a substantial <br />material breach of this Agreement. Contractor expressly understands and agrees that a duty is <br />hereby created under this Contract that requires contractor to provide ongoing disclosure <br />throughout the term of this Contract as provided for herein relative to the criminal background <br />screening required by this Section. <br /> <br />2.12 SUB-CONTRACTORS <br /> <br />If the Contractor proposes to use subcontractors in the course of providing these services to the <br />City, this information shall be a part of the bid response. Such information shall be subject to <br />review, acceptance and approval of the City, prior to any contract award. The City reserves the <br />right to approve or disapprove of any subcontractor candidate in its best interest and to require <br />Contractor to replace subcontractor with one that meets City approval. <br /> <br />Contractor shall ensure that all of Contractor’s subcontractors perform in accordance with the terms <br />and conditions of this Contract. Contractor shall be fully responsible for all of Contractor’s <br />subcontractors’ performance, and liable for any of Contractor’s subcontractors’ non-performance <br />and all of Contractor’s subcontractors’ acts and omissions. Contractor shall defend, at Contractor’s <br />expense, counsel being subject to the City’s approval or disapproval, and indemnify and hold <br />harmless the City and the City’s officers, employees, and agents from and against any claim, <br />lawsuit, third-party action, or judgment, including any award of attorney fees and any award of <br />costs, by or in favor of any Contractor’s subcontractors for payment for work performed for the <br />City. <br /> <br />2.13 DAMAGES <br /> <br />Any damages to existing electrical services due to overload will be the responsibility of the <br />successful proposer. If property (public or private) is damaged while contractor is performing work <br />specified or is removed for the convenience of the work, it shall be repaired or replaced at the <br />expense of the contractor in a manner acceptable to the City prior to the final acceptance of the <br />work. <br /> <br />2.14 E-VERIFY <br /> <br /> Florida Statute 448.095 directs all public employers, including municipal governments, to verify the <br />employment eligibility of all new public employees through the U.S. Department of Homeland <br />Security’s E-Verify System, and further provides that a public employer may not enter into a <br />contract unless each party to the contract registers with and uses the E-Verify system. Florida <br />Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, <br />the subcontractor must provide the contractor with an affidavit stating that the subcontractor does