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Docusign Envelope ID: A13158799-C7BC-4838-B581-OC84CDE50697 <br />City of Pembroke Pines <br />will lead to termination of this Contract, or <br />if a subcontractor knowingly violates the <br />statute, the subcontract must be <br />terminated immediately. Any challenge to <br />termination under this provision must be <br />filed in the Circuit Court no later than <br />twenty (20) calendar days after the date of <br />termination. Termination of this Contract <br />under this Section is not a breach of <br />contract and may not be considered as <br />such. If this contract is terminated for a <br />violation of the statute by the Contractor, <br />the Contractor may not be awarded a <br />public contract for a period of one (1) year <br />after the date of termination. <br />3.36 JESSICA LUNSFORD ACT <br />Background screening requirements for <br />Contractor's performing services for or at <br />City's Charter Schools. (1) Except as <br />provided in §§1012.467 or 1012.468, <br />Florida Statutes, non -instructional school <br />employees or contractual personnel who <br />(i) are permitted access on school <br />grounds when students are present, (ii) <br />who have direct contact with students or, <br />(iii) who have access to or control of <br />school funds must meet level 2 screening <br />requirements as described in §1012.32, <br />Florida Statutes. Contractual personnel <br />shall include any Contractor, individual, <br />or entity under contract with the City <br />engaged to perform services for or at <br />City's Charter Schools. <br />(2) Every 5 years following employment <br />or entry into a resulting contract in a <br />capacity described in subsection (1), <br />each person who is so employed or <br />under contract with the City must meet <br />level 2 screening requirements as <br />described in §1012.32, Florida Statutes, <br />at which time the City shall request the <br />Department of Law Enforcement to <br />forward the fingerprints to the Federal <br />Bureau of Investigation for the level 2 <br />screening. If, for any reason following <br />employment or entry into a resulting <br />contract in a capacity described in <br />subsection (1), the fingerprints of a <br />person who is so employed or under <br />contract with the City are not retained by <br />the Department of Law Enforcement <br />under §1012.32(3)(a) and (b), Florida <br />Statutes, the person must file a complete <br />set of fingerprints with the City. Upon <br />submission of fingerprints for this <br />purpose, the City shall request the <br />Department of Law Enforcement to <br />forward the fingerprints to the Federal <br />Bureau of Investigation for the level 2 <br />screening, and the fingerprints shall be <br />retained by the Department of Law <br />Enforcement under §1012.32(3)(a) and <br />(b), Florida Statutes. The cost of the state <br />and federal criminal history check <br />required by level 2 screening shall be <br />borne by the Contractor, or the person <br />fingerprinted. Under penalty of perjury, <br />each person who is employed or <br />engaged to perform a resulting contract <br />in a capacity described in subsection (1) <br />must agree to inform his or her employer <br />or the party with whom he or she is under <br />contract within 48 hours if convicted of <br />any disqualifying offense while he or she <br />is employed or under a resulting contract <br />in that capacity. (3) If it is found that a <br />person who is employed or under <br />contract in a capacity described in <br />subsection (1) does not meet the level 2 <br />requirements, the person shall be <br />immediately suspended from working in <br />that capacity and shall remain <br />suspended until final resolution of any <br />appeals. <br />3.37 PROHIBITION AGAINST <br />CONSIDERING SOCIAL, <br />POLITICAL OR IDEOLOGICAL <br />RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 36 <br />