Background Screening Requirement. The SFWIB requires and Contractor agrees to comply with all applicable federal, state and/or local laws, regulations and ordinances regarding background screening of employees, volunteers and subcontracted personnel. The Contractor’s failure to comply with any applicable federal, state and/or local laws, regulations, ordinances or Miami-Dade County resolutions that are attached and incorporated as Attachment 13- Miami- Dade Resolutions, and the SFWIB’s requirements set forth herein and in the SFWIB’s Policy and Procedure (collectively referred to as “Laws” for purposes of this Section) regarding background screening of employees, volunteers and subcontracted personnel is grounds for a material breach and termination of the Contract at the sole discretion of the SFWIB. Laws include, but are not limited to the National Child Protection Act of 1993, as amended, and as implemented by sections 943.0542 and 984.01(2), Florida Statutes, and chapters 39, 402, 409, 394, 407, 393, 397, 984, 985 and 435, Florida Statutes, as may be amended from time to time. The Contractor agrees to perform background screening through the Florida Department of Law Enforcement (“FDLE”), Volunteer & Employee Criminal History System (“VECHS”) program. 1. The SFWIB requires and Contractor agrees that the Contractor’s current and prospective employees, volunteers and subcontracted personnel must complete a Level 2 background screening, and be eligible for employment with any SFWIB-funded program as set forth herein, prior to working, volunteering or doing any work for Contractor related to this Contract and the work set forth in the Exhibit A, Statement of Work and the Exhibit AA, Program Design and Service Delivery. No later than ten (10) business days prior to employment, volunteerism, or performance of any work for any SFWIB-funded program, the Contractor shall furnish the SFWIB with an Affirmation/Acknowledgement Form, Attachment 1, which confirms the background screening was completed for all employees, volunteers and subcontracted personnel who will be volunteering or working for Contractor on this Contract and that they are eligible to volunteer or for employment, pursuant to chapter 435, Florida Statutes, as may be amended from time to time. 2. The Level 2 background screening shall include, fingerprinting for statewide criminal history records checks through the FDLE and nationwide criminal history records checks through the Federal Bureau of Investigation (“FBI”), and may include local criminal records checks through local law enforcement agencies. To obtain fingerprint-based background checks, the Contractor must apply to FDLE and be qualified to access records provided by FDLE and the FBI, through VECHS. The Contractor shall notify the SFWIB that it has obtained/not obtained the approval from FDLE within thirty (30) days of Contract award. The Contractor shall also notify the SFWIB if it is prohibited from disclosing the background screening records of employees, volunteers and subcontracted personnel to the SFWIB. The SFWIB reserves the right to perform background screening of Contractor’s staff assigned to the SFWIB’s CareerSource center(s) at Contractor’s expense. The Contractor shall reimburse the SFWIB for any expense resulting from background screening of staff by the SFWIB as set forth herein. Such reimbursement shall be deducted from any payments due to the Contractor. 3. The Contractor shall not hire persons that may have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to any offense in chapter 414, Florida Statutes, relating to public assistance fraud or chapter 443, Florida Statutes, relating to unemployment compensation fraud, or any offense that constitutes domestic violence as defined in section 741.28, Florida Statutes, whether such act was committed in this state or in another jurisdiction. 4. The Contractor shall not hire persons that have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under the provisions of section 435.04, Florida Statutes, or similar law of another jurisdictions relating to the same offenses. 5. The Contractor shall make the decision to hire or assign to the SFWIB’s funded program(s) persons with criminal history information unrelated to theft, fraud, or financial crime, on a case-by-case basis, where the background screening for the Contractor’s current and prospective employee, volunteer, and subcontracted personnel, is not expressly prohibited by section 435.04, Florida Statutes, or other applicable law. A Contractor’s decision to hire or assign an individual to the SFWIB’s funded program(s) does not guarantee the SFWIB will grant the Contractor’s current and prospective employees, volunteers and subcontracted personnel with access to any SFWIB funded program, CareerSource center, Access Point, Tech Hire Center, Information Technology system, or program files. 6. The Contractor must submit an Affirmation/Acknowledgement Form, Attachment 1, along with the background screening results to SFWIB’s Quality Assurance Coordinator no later than ten (10) business days prior to employment, volunteerism, or performance of any work for any SFWIB-funded program. The background information will be reviewed by SFWIB staff and a decision on whether or not access will be granted shall be made within ten (10) business days of receipt of the Affirmation/Acknowledgement Form. 7. The Contractor must ensure that each current employee, volunteer, or subcontracted personnel working in any SFWIB-funded program provides an Affidavit of Good Moral Character, Attachment 10, subject to penalty of perjury, declaring compliance with the qualification requirements for employment pursuant to chapter 435, Florida Statutes, and agreeing to inform the employer immediately if arrested for any offense while employed by, volunteering for, or subcontracting for the employer. 8. Upon learning of the arrest of an employee, a volunteer, or subcontracted personnel, for a disqualifying offense under Level 2, the Contractor must notify the SFWIB of such arrest by the next business day. The Contractor will review the circumstances of the arrest and determine whether the employee, volunteer or subcontracted personnel is eligible for continued employment. If the current employee, volunteer, or subcontracted personnel is subsequently found ineligible for continued employment based on criminal history information involving any of the allegations provided in Sections 3 or 4 above or as outlined in section 435.04, Florida Statutes, the Contractor shall immediately remove such employee, volunteer, or subcontracted personnel from volunteering or working in or for any SFWIB-funded program, or having any direct or indirect access to any SFWIB CareerSource center, Access Point, Tech Hire Center, Information Technology system, or program files. Failure to notify the SFWIB, by the next business day, of learning of the arrest of an employee, a volunteer, or subcontracted personnel is grounds for a material breach and termination of the Contract at the sole discretion of the SFWIB. 9. Even if applicable law would otherwise permit, as a provision of this Contract, the Contractor agrees not to hire any persons or permit any persons to begin work or to volunteer or to remain employed, volunteering, or performing any work for the Contractor related to this Contract and the work set forth in the Exhibit A, Statement of Work and the Exhibit AA, Program Design and Service Delivery without submitting the Affirmation/Acknowledgement Form, Attachment 1. 10. If the Contractor fails to furnish the SFWIB with the Affirmation/Acknowledgement Form, the SFWIB may withhold further disbursement of funds and this Contract may be subject to termination at the sole discretion of the SFWIB. 11. The Contractor shall take necessary precautions to safeguard the background screening records of employees, volunteers, and subcontracted personnel, the Affirmation/Acknowledgement Form, Attachment 1, and Affidavit of Good Moral Character, Attachment 10. Background screening results are exempt from public records and, therefore, must be maintained in a secured and access-controlled area to ensure that the records are accessible only to those authorized to examine such records. The Contractor shall make all records available to the SFWIB in accordance with Article III-Section H, ▇▇▇▇▇, Inspection and Access to Records, of this Contract. 12. The Level 2 background screening records shall be retained as required herein in accordance with Article III-Section I, Records Retention, of this Contract. 13. The Level 2 background screening must be conducted at least every five (5) years of employment, and upon re-employment in all circumstances including assignment to a new or different contract, until cessation of employment, volunteerism, or doing any work for the Contractor related to this Contract.
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Background Screening Requirement. The SFWIB requires and Contractor agrees to comply with all applicable federal, state and/or local laws, regulations and ordinances regarding background screening of employees, volunteers and subcontracted personnel. The Contractor’s failure to comply with any applicable federal, state and/or local laws, regulations, ordinances or Miami-Dade County resolutions that are attached and incorporated as Attachment 13- Miami- Dade Resolutionsresolutions, and the SFWIB’s requirements set forth herein and in the SFWIB’s Policy and Procedure (collectively referred to as “Laws” for purposes of this Section) regarding background screening of employees, volunteers and subcontracted personnel is grounds for a material breach and termination of the Contract at the sole discretion of the SFWIB. Laws include, but are not limited to the National Child Protection Act of 1993, as amended, and as implemented by sections 943.0542 and 984.01(2), Florida Statutes, and chapters 39, 402, 409, 394, 407, 393, 397, 984, 985 and 435, Florida Statutes, as may be amended from time to time. The Contractor agrees to perform background screening through the Florida Department of Law Enforcement (“FDLE”), Volunteer & Employee Criminal History System (“VECHS”) program.
1. The SFWIB requires and Contractor agrees that the Contractor’s current and prospective employees, volunteers and subcontracted personnel must complete a Level 2 background screening, and be eligible for employment with any SFWIB-funded program as set forth herein, prior to working, volunteering or doing any work for Contractor related to this Contract and the work set forth in the Exhibit A, Statement of Work and the Exhibit AA, Program Design and Service Delivery. No later than ten (10) business days prior to employment, volunteerism, or performance of any work for any SFWIB-funded program, the Contractor shall furnish the SFWIB with an Affirmation/Acknowledgement Form, Attachment 1, which confirms the background screening was completed for all employees, volunteers and subcontracted personnel who will be volunteering or working for Contractor on this Contract and that they are eligible to volunteer or for employment, pursuant to chapter 435, Florida Statutes, as may be amended from time to time.
2. The Level 2 background screening shall include, fingerprinting for statewide criminal history records checks through the FDLE and nationwide criminal history records checks through the Federal Bureau of Investigation (“FBI”), and may include local criminal records checks through local law enforcement agencies. To obtain fingerprint-based background checks, the Contractor must apply to FDLE and be qualified to access records provided by FDLE and the FBI, through VECHS. The Contractor shall notify the SFWIB that it has obtained/not obtained the approval from FDLE within thirty (30) days of Contract award. The Contractor shall also notify the SFWIB if it is prohibited from disclosing the background screening records of employees, volunteers and subcontracted personnel to the SFWIB. The SFWIB reserves the right to perform background screening of Contractor’s staff assigned to the SFWIB’s CareerSource center(s) at Contractor’s expense. The Contractor shall reimburse the SFWIB for any expense resulting from background screening of staff by the SFWIB as set forth herein. Such reimbursement shall be deducted from any payments due to the Contractor.
3. The Contractor shall not hire persons that may have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to any offense in chapter 414, Florida Statutes, relating to public assistance fraud or chapter 443, Florida Statutes, relating to unemployment compensation fraud, or any offense that constitutes domestic violence as defined in section 741.28, Florida Statutes, whether such act was committed in this state or in another jurisdiction.
4. The Contractor shall not hire persons that have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under the provisions of section 435.04, Florida Statutes, or similar law of another jurisdictions relating to the same offenses.
5. The Contractor shall make the decision to hire or assign to the SFWIB’s funded program(s) persons with criminal history information unrelated to theft, fraud, or financial crime, on a case-by-case basis, where the background screening for the Contractor’s current and prospective employee, volunteer, and subcontracted personnel, is not expressly prohibited by section 435.04, Florida Statutes, or other applicable law. A Contractor’s decision to hire or assign an individual to the SFWIB’s funded program(s) does not guarantee the SFWIB will grant the Contractor’s current and prospective employees, volunteers and subcontracted personnel with access to any SFWIB funded program, CareerSource center, Access Point, Tech Hire Center, Information Technology system, or program files.
6. The Contractor must submit an Affirmation/Acknowledgement Form, Attachment 1, along with the background screening results to SFWIB’s Quality Assurance Coordinator no later than ten (10) business days prior to employment, volunteerism, or performance of any work for any SFWIB-funded program. The background information will be reviewed by SFWIB staff and a decision on whether or not access will be granted shall be made within ten (10) business days of receipt of the Affirmation/Acknowledgement Form.business
7. The Contractor must ensure that each current employee, volunteer, or subcontracted personnel working in any SFWIB-funded program provides an Affidavit of Good Moral Character, Attachment 10, subject to penalty of perjury, declaring compliance with the qualification requirements for employment pursuant to chapter 435, Florida Statutes, and agreeing to inform the employer immediately if arrested for any offense while employed by, volunteering for, or subcontracting for the employer.
8. Upon learning of the arrest of an employee, a volunteer, or subcontracted personnel, for a disqualifying offense under Level 2, the Contractor must notify the SFWIB of such arrest by the next business day. The Contractor will review the circumstances of the arrest and determine whether the employee, volunteer or subcontracted personnel is eligible for continued employment. If the current employee, volunteer, or subcontracted personnel is subsequently found ineligible for continued employment based on criminal history information involving any of the allegations provided in Sections 3 or 4 above or as outlined in section 435.04, Florida Statutes, the Contractor shall immediately remove such employee, volunteer, or subcontracted personnel from volunteering or working in or for any SFWIB-funded program, or having any direct or indirect access to any SFWIB CareerSource center, Access Point, Tech Hire Center, Information Technology system, or program files. Failure to notify the SFWIB, by the next business day, of learning of the arrest of an employee, a volunteer, or subcontracted personnel is grounds for a material breach and termination of the Contract at the sole discretion of the SFWIB.
9. Even if applicable law would otherwise permit, as a provision of this Contract, the Contractor agrees not to hire any persons or permit any persons to begin work or to volunteer or to remain employed, volunteering, or performing any work for the Contractor related to this Contract and the work set forth in the Exhibit A, Statement of Work and the Exhibit AA, Program Design and Service Delivery without submitting the Affirmation/Acknowledgement Form, Attachment 1.
10. If the Contractor fails to furnish the SFWIB with the Affirmation/Acknowledgement Form, the SFWIB may withhold further disbursement of funds and this Contract may be subject to termination at the sole discretion of the SFWIB.
11. The Contractor shall take necessary precautions to safeguard the background screening records of employees, volunteers, and subcontracted personnel, the Affirmation/Acknowledgement Form, Attachment 1, and Affidavit of Good Moral Character, Attachment 10. Background screening results are exempt from public records and, therefore, must be maintained in a secured and access-controlled area to ensure that the records are accessible only to those authorized to examine such records. The Contractor shall make all records available to the SFWIB in accordance with Article III-Section H, ▇▇▇▇▇, Inspection and Access to Records, of this Contract.
12. The Level 2 background screening records shall be retained as required herein in accordance with Article III-Section I, Records Retention, of this Contract.
13. The Level 2 background screening must be conducted at least every five (5) years of consecutive employment, and upon re-employment in all circumstances including assignment to a new or different contract, until cessation of employment, volunteerism, or doing any work for the Contractor related to this ContractContractor.
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