Common use of Fingerprinting Requirements Clause in Contracts

Fingerprinting Requirements. 25.1 The District has determined under Education Code §45125.1, subdivision C, that in performing services pursuant to this Agreement, Consultant employees or subconsultant employees may have contact with pupils. As required under Education Code section 45125.1, subdivision (a), Consultant shall require their employees or subconsultant employees who will provide services pursuant to this Agreement to submit their fingerprints in a manner authorized by the Department of Justice (DOJ) together with a fee determined by the DOJ in order to conduct a criminal background check to determine whether such employees have been convicted of or have charges pending for a felony as defined under Education Code §45122.1. 25.2 Consultant shall not permit any employee or subconsultant’s employee to perform services who may come in contact with pupils under this Agreement until the DOJ has determined that the employee has not been convicted of a felony or has no criminal charges pending for a felony as defined in Education Code § 45122.1. 25.3 Consultant shall certify in writing to the governing board of the San Diego Unified School District, Facilities Management Department, 0000 Xxxxxxx Xxxxxx, San Diego, CA 92111, Attention: Xxxxxx Xxxxxxx, that all of its employees or subconsultant employees who may come in contact with pupils have not been convicted of or have no criminal charges pending for a felony, as defined in Education Code §45122.1. 25.4 In the event Consultant fails to comply with all of the requirements of Education Code section 45125.1 and injury results from such failure, Consultant shall defend, indemnify, protect and hold San Diego Unified School District and its agents, officers and employees harmless from and against any and all claims, demands, liability, judgments, awards, losses, injury, damages, expenses, charges or costs of any kind or character whether to the District or to any person or property which arise from or are connected with or are caused or claimed to be caused by Consultant’s failure to comply with the requirements contained in Education Code §45125.1, including, but not limited to, the requirement prohibiting Consultant from using employees or subconsultant employees who may have contact with pupils who have been convicted or have charges pending for a felony as defined in Education Code § 45122.1. 25.5 Any subconsultant hired by Consultant shall be subject to and shall comply with this provision. Consultant and subconsultant shall be jointly and severally liable for any injury that results from subconsultant’s failure to comply with this provision.

Fingerprinting Requirements. 25.1 10.1. The District has determined under Education Code §section 45125.1, subdivision C, C that in performing services pursuant to this Agreement, Consultant Provider employees or subconsultant employees may have contact with pupils. As required under Education Code section 45125.1, subdivision (a), Consultant Provider shall require their employees or subconsultant employees who will provide services pursuant to this Agreement to submit their fingerprints in a manner authorized by the Department of Justice (DOJ) together with a fee determined by the DOJ in order to conduct a criminal background check to determine whether such employees have been convicted of or have charges pending for a felony as defined under Education Code §section 45122.1. 25.2 Consultant 10.2. Provider shall not permit any employee or subconsultant’s subconsultant employee to perform services who may come in contact with pupils under this Agreement until the DOJ has determined that the employee has not been convicted of a felony or has no criminal charges pending for a felony as defined in Education Code § section 45122.1. Any costs associated with regulatory compliance shall be the sole responsibility of the Provider or its subconsultants and shall not be reimbursed by the District. 25.3 Consultant 10.3. Provider shall certify in writing to the governing board of the San Diego Unified School DistrictDistrict to the attention of the Contracts Office, Facilities Management Departmentat the Physical Plant Operations Center, 0000 Xxxxxxx Xxxxxx, Room 9, San Diego, CA 92111, Attention: Xxxxxx Xxxxxxx-1522, that all of its employees or subconsultant employees who may come in contact with pupils have not been convicted of or have no criminal charges pending for a felony, as defined in Education Code §section 45122.1. 25.4 10.4. In the event Consultant Provider fails to comply with all of the requirements of Education Code section 45125.1 and injury results from such failure, Consultant Provider shall defend, indemnify, protect and hold San Diego Unified School the District and its agents, officers and employees harmless from and against any and all claims, demands, liability, judgments, awards, losses, injury, damages, expenses, charges or costs of any kind or character whether to the District or to any person or property which arise from or are connected with or are caused or claimed to be caused by ConsultantProvider’s failure to comply with the requirements contained in Education Code §section 45125.1, including, but not limited to, the requirement prohibiting Consultant Provider from using employees or subconsultant employees who may have contact with pupils who have been convicted or have charges pending for a felony as defined in Education Code § section 45122.1. 25.5 10.5. Any subconsultant hired by Consultant Provider shall be subject to and shall comply with this provision. Consultant Provider and subconsultant shall be jointly and severally liable for any injury that results from subconsultant’s subconsultants’ failure to comply with this provision.

Fingerprinting Requirements. 25.1 The District has determined under Education Code §45125.1, subdivision section 45125.1 Subdivision (C, ) that in performing services pursuant to this Agreement, Consultant employees or subconsultant Transportation Operator’s employees may have contact with pupils. As required under Education Code section Section 45125.1, subdivision (a), Consultant A) Transportation Operator shall require their employees or subconsultant employees who will provide services pursuant to this the Agreement to submit their fingerprints in a manner authorized by the Department of Justice (DOJ) together with a fee determined by the DOJ Department of Justice together in order to conduct a criminal background check to determine whether such employees have been convicted of or have charges pending for a felony as defined under Education Code §Section 45122.1. 25.2 Consultant . Transportation Operator shall not permit any employee or subconsultant’s employee to perform services who that may come in contact Contact with pupils under this Agreement agreement until the DOJ Department of Justice has determined that the employee has not been convicted of a felony or has no criminal charges pending for a felony as defined in Education Code § Section 45122.1. 25.3 Consultant . Transportation Operator shall certify in writing to the governing board Board of Education of the San Diego District, to the Attention of Xxxxxxxx Xxxxxxx, Buyer, Oceanside Unified School District, Facilities Management Department, 0000 Xxxxxxx Xxxxxx, San DiegoXxxxxxxxx, CA 92111, Attention: Xxxxxx XxxxxxxXX 00000, that all of its employees who may come in contact with pupils have not been convicted of or subconsultant have no criminal charges pending for a felony as defined in Education Code section 45122.1. Transportation Operator will provide a listing of employees who may come in contact with pupils. Transportation Operator shall defend, indemnify, protect and hold the District and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property which arise from or are connected with or are caused or claimed to be caused by Transportation Operator’s failure to comply with all of the requirements contained in Education Code section 45122.1, including but not limited to, the requirement prohibiting Transportation Operator from using employees who may have contact with pupils who have been convicted or have charges pending for a felony as defined in Education Code section 45122.1. Fingerprints will not have to be redone for SPAB drivers as fingerprints have been submitted through DMV. Transportation Operator shall still have to certify in writing that all employees who may come in contact with pupils have not been convicted of or have no criminal charges pending for a felony, as defined in Education Code §Section 45122.1. 25.4 In the event Consultant fails to comply with all of the requirements of Education Code section 45125.1 and injury results from such failure, Consultant shall defend, indemnify, protect and hold San Diego Unified School District and its agents, officers and employees harmless from and against any and all claims, demands, liability, judgments, awards, losses, injury, damages, expenses, charges or costs of any kind or character whether to the District or to any person or property which arise from or are connected with or are caused or claimed to be caused by Consultant’s failure to comply with the requirements contained in Education Code §45125.1, including, but not limited to, the requirement prohibiting Consultant from using employees or subconsultant employees who may have contact with pupils who have been convicted or have charges pending for a felony as defined in Education Code § 45122.1. 25.5 Any subconsultant hired by Consultant shall be subject to and shall comply with this provision. Consultant and subconsultant shall be jointly and severally liable for any injury that results from subconsultant’s failure to comply with this provision.

Fingerprinting Requirements. 25.1 11.1. The District has determined under Education Code §section 45125.1, subdivision C, C that in performing services pursuant to this Agreement, Consultant employees or subconsultant employees may have contact with pupils. As required under Education Code section 45125.1, subdivision (a), Consultant shall require their employees or subconsultant employees who will provide services pursuant to this Agreement to submit their fingerprints in a manner authorized by the Department of Justice (DOJ) together with a fee determined by the DOJ in order to conduct a criminal background check to determine whether such employees have been convicted of or have charges pending for a felony as defined under Education Code §section 45122.1. 25.2 11.2. Consultant shall not permit any employee or subconsultant’s employee to perform services who may come in contact with pupils under this Agreement until the DOJ has determined that the employee has not been convicted of a felony or has no criminal charges pending for a felony as defined in Education Code § section 45122.1. Any costs associated with regulatory compliance shall be the sole responsibility of the Consultant or its subconsultants and shall not be reimbursed by the District. 25.3 11.3. Consultant shall certify in writing to the governing board of the San Diego Unified School DistrictDistrict to the attention of the Contracts Office, Facilities Management DepartmentPlanning and Construction, Physical Plant Operations Center, 0000 Xxxxxxx Xxxxxx, Room 9, San Diego, CA 92111, Attention: Xxxxxx Xxxxxxx-1522, that all of its employees or subconsultant employees who may come in contact with pupils have not been convicted of or have no criminal charges pending for a felony, as defined in Education Code §section 45122.1. 25.4 11.4. In the event Consultant fails to comply with all of the requirements of Education Code section 45125.1 and injury results from such failure, Consultant shall defend, indemnify, protect and hold San Diego Unified School the District and its agents, officers and employees harmless from and against any and all claims, demands, liability, judgments, awards, losses, injury, damages, expenses, charges or costs of any kind or character whether to the District or to any person or property which arise from or are connected with or are caused or claimed to be caused by Consultant’s failure to comply with the requirements contained in Education Code §section 45125.1, including, but not limited to, the requirement prohibiting Consultant from using employees or subconsultant employees who may have contact with pupils who have been convicted or have charges pending for a felony as defined in Education Code § section 45122.1. 25.5 11.5. Any subconsultant hired by Consultant shall be subject to and shall comply with this provision. Consultant and subconsultant shall be jointly and severally liable for any injury that results from subconsultant’s subconsultants’ failure to comply with this provision.

Fingerprinting Requirements. 25.1 The District has determined under Education Code §45125.1, subdivision C, Section 45125.1 states that in performing if employees of any contractor providing school site administrative or similar services pursuant to this Agreement, Consultant employees or subconsultant employees may have any contact with any pupils. As required under Education Code section 45125.1, subdivision (a), Consultant those employees shall require their employees or subconsultant employees who will provide services pursuant to this Agreement to submit their fingerprints in a manner authorized be fingerprinted by the Department of Justice (DOJ) together with a fee determined by before entering the DOJ in order to conduct a criminal background check school site to determine whether such employees that they have been convicted of or have charges pending for a felony as defined under Education Code §45122.1. 25.2 Consultant shall not permit any employee or subconsultant’s employee to perform services who may come in contact with pupils under this Agreement until the DOJ has determined that the employee has not been convicted of a felony serious or violent felony. If the District determines that more than limited contact with students will occur during the performance of these services, Contractor will not perform services until all employees providing services have been fingerprinted by the DOJ and DOJ fingerprinting clearance certification has been provided to the District. Contractor will provide a complete list to the District of all employees cleared by the DOJ who will provide services under this Contract. Failures to provide such written certification before services begin, or within thirty days after execution of this Contract, whichever occurs first, will result in immediate termination. Contractor shall continuously monitor through DOJ, and obtain subsequent arrest notification from DOJ, regarding any individual whose fingerprints were submitted pursuant to §45125.1 and who is or will be providing service directly to, or has no criminal charges pending for contact with, pupil(s) of the District. Upon receipt of a felony subsequent arrest notification from DOJ, Contractor shall, within 24 hours, notify the District of such arrest notification and prohibit the employee from having any further contact with any pupil(s) of the District until such time as the employee’s arrest has been determined to not involve a “violent or serious felony” as defined in Education Code § 45122.1. 25.3 Consultant shall certify in writing §45122.1 or the notification has been withdrawn by DOJ. If an employee is disqualified from working for the District pursuant to the governing board requirements of the San Diego Unified School DistrictCalifornia Education Code, Facilities Management Departmenteven if only temporarily, 0000 Xxxxxxx XxxxxxContractor agrees to provide a replacement employee within 15 days of receiving notification that the previous employee has been disqualified. Contractor further agrees and certifies that any employee providing services directly to any pupil(s) of the District whether qualifying as a Mandated Reporter as defined by California Penal Code §11165.7(a), San Diegoor not, CA 92111shall be provided annual training on child abuse and mandated reporting of child abuse or neglect utilizing an evidence-based training method which includes training on how to recognize conduct of adults which may trigger reasonable suspicion of abuse of children, Attention: Xxxxxx Xxxxxxxi.e., “red-flag” or “grooming” behaviors. Depending on the totality of circumstances including (1) the length of time the employees will be on school grounds, (2) whether pupils will be in proximity of the site where the employees will be working and (3) whether the contractors will be working alone or with others, the District may determine that all of its the employees or subconsultant employees who may come in will have only limited contact with pupils have and neither fingerprinting nor certification is required provided the following conditions are met at all times: 1. Employees shall not been convicted come into contact with pupils or work in the proximity of pupils at any time except under the direct supervision of school district employees. 2. Employees shall use only restroom facilities reserved for District employees and shall not use student restrooms at any time. 3. Contractor will inform all employees who perform work at any school or have no criminal charges pending for a felonyDistrict site of these conditions and require its employees, as defined in Education Code §45122.1a condition of employment, to adhere to them. 25.4 In 4. Contractor will immediately report to District any apparent violation of these conditions. 5. Contractor shall assume responsibility for enforcement of these conditions at all times during the event Consultant fails term of this Contract. If the Contractor cannot adhere to comply with all of the requirements of Education Code section 45125.1 and injury results from such failureconditions stated above for any reason, Consultant Contractor shall defend, indemnify, protect and hold San Diego Unified School immediately so inform the District and its agentsshall assign only employees who have been fingerprinted and cleared for employment by the Department of Justice. In that case, officers and employees harmless from and against any and all claims, demands, liability, judgments, awards, losses, injury, damages, expenses, charges or costs of any kind or character whether the Contractor shall provide to the District the names of all employees assigned to perform work under this Contract. Compliance with these conditions, or to any person or property which arise from or are connected with or are caused or claimed to be caused by Consultant’s failure to comply with the requirements contained in Education Code §45125.1fingerprinting requirements, includingis a condition of this Contract, but not limited to, and the requirement prohibiting Consultant from using employees District reserves the right to suspend or subconsultant employees who may have contact with pupils who have been convicted or have charges pending terminate the Contract at any time for a felony as defined in Education Code § 45122.1noncompliance. 25.5 Any subconsultant hired by Consultant shall be subject to and shall comply with this provision. Consultant and subconsultant shall be jointly and severally liable for any injury that results from subconsultant’s failure to comply with this provision.