CRIMINAL BACKGROUND CHECK AND IDENTIFICATION BADGE. Architect shall certify compliance with Texas Education Code 22.08341 and Education Commissioner’s rules regarding criminal history record review for all employees, applicants for employment, agents, or subcontractors of Architect. Additionally, Architect must give advance notice to Owner if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Owner may terminate this Agreement pursuant to Article 9 if Owner determines that the person or business entity failed to give notice as required by this paragraph or misrepresented the conduct resulting in the conviction. This paragraph requiring advance notice does not apply to a publicly held corporation. Architect will obtain criminal history record information at its cost that relates to an employee, applicant for employment, or agent of Architect if the employee, applicant, or agent has or will have continuing duties related to the contracted services; and the duties are or will be performed on school property or at another location where students are regularly present. Owner shall be the final decider of what constitutes a “location where students are regularly present.” Architect’s employees, agents, and consultants and sub-consultants, subject to 10.17, shall be identified by a photographic identification badge, issued by an Owner-approved third-party company at Architect’s expense. The third party company shall verify the criminal record history information, and may be used to verify compliance with the federal Drug Free Workplace Act of 1988 or its successor, and the federal Education Department General Administrative Regulations, current edition, in its testing and review process. Architect’s violation of this section shall constitute a substantial failure under Article 9.
CRIMINAL BACKGROUND CHECK AND IDENTIFICATION BADGE. Vendor will obtain criminal history record information that relates to an employee, applicant for employment, or agent of the Vendor if the employee, applicant, or agent has or will have continuing duties related to the contracted services; and the duties are or will be performed on school property or at another location where students are regularly present. The Vendor shall certify to the District before beginning work and at no less than an annual basis thereafter that criminal history record information has been obtained. Vendor shall assume all expenses associated with the background checks and shall immediately remove any employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as defined by Texas law, from District property or other location where students are regularly present. District shall be the final decider of what constitutes a “location where students are regularly present.” The Vendor's employees, agents, and subcontractors subject to Article 14 shall be identified by a photographic identification badge, issued by a District approved third party company at the Vendor's expense. The third-party company shall verify the criminal record history information and may be used to verify compliance with the federal Drug Free Workplace Act of 1988 or its successor, and the federal Education Department General Administrative Regulations, current edition, in its testing and review process. Vendor's violation of this section shall constitute a substantial failure under Article 7 .
