Reso 2022-3417 - Laserfiche WebLink

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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: 1. The Contractor shall submit to the City's Project Manager within five (5) days of tile, execution of the Agreement a list of ail Personnel proposed to perform work under the Agreement; il. 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; V. A background check shall be conducted on now 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. 1� . E -VERIFY. Beginning January 1, 2021, Contractor shall be responsible for complying with the E -Verify requirements set forth in Florida Statute 448.095. 13. JURISDICTION,YENUE AND WAIVER OF JURY M-4--. 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,lurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforoement or interpretation of any rights hereunder shall be brought exclusively in tine Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be oxclusivoly in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the. prevailing party theh the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE, ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGA'T'ION RRLA"TED TO THiS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 14, GOVERNING LAW VENUE AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitles( to its costs and attorney's fees at the pretrial, trial and appellate levels. 2020-7550 - ViSUALSCAPE, INC