ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services

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City of Sunny Isles Beach | ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services 21 2.9 CONTRACTOR’S EMPLOYEES AND REQUIRED IDENTIFICATION Contractor is responsible for performing criminal background checks and employee verification on all individuals that will be assigned to this contract. 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 working in the City, all managers and employees of Contractor, any independent contractors, and any subcontractors shall be required to undergo background checks. A thorough State and national background check that identifies an individual’s entire criminal history shall be conducted in accordance with Section 435.03, Florida Statutes (level 2 screening) and all other applicable law. A background check shall be conducted on new employees prior to employment and on each employee automatically at least once every five years. If an employee leaves company and returns, the employee will need to have their background check cleared again through the City. Prior to the beginning of the contract term and upon agreed renewals the contractor shall submit written certification to the City that Contractor has complied with the City’s requirement regarding background checks on all employees. The Contractor shall submit to the Project Manager within fourteen (14) days of the execution of the Contract a list of all personnel proposed to work under the Contract and who have passed the background check. The list shall be updated immediately when changes occur, City Facilitated background checks will be required for new employees. The contractor will be responsible for the cost of the background check which is $67.75 per person payable to the City. The certifying document shall be signed by the authorized officer of the corporation. Failure to perform a state and national criminal background check in accordance with the rules above shall be cause for termination of the Agreement. The Successful Bidder(s) shall bear all cost associated with the criminal background check. 2.10 E-VERIFY Contractor acknowledges that the City may be utilizing the Contractor’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. Contractor shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by Contractor during the Agreement term. The Contractor is also responsible for e-verifying its subcontractors, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. Contractor acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under the Agreement. 2.11 PUBLIC ENTITY CRIMES In accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been placed on the convicted Contractor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public e ntity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit