Live Screen Criminal Background Check Requirements. Provider, at its sole cost and expense, and as necessary to satisfy the requirements of Education Code (EC) section 45125.1 and 45125.2 or District policy, will ensure that all required criminal background checks are timely conducted. If required by EC section 45125.1, Provider must provide for the completion of a Fingerprint Certification form, in the District’s required format, prior to any of the Provider’s personnel, who are anticipated to come into contact with the District's students. Provider further acknowledges that other fingerprinting requirements may apply, as set forth in Education Code section 45125 et seq., and that Provider will comply with any such requirements. Provider further acknowledges and agrees that no Provider personnel shall come into contact with students if they have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).] Notwithstanding anything to the contrary herein, if Provider is an individual operating as a sole proprietor, if required by Education Code section 45125.1(k), it shall be the responsibility of the District to prepare and submit that individual’s fingerprints to the Department of Justice.] [Unsupervised Contact: “Unsupervised contact” with students means contact that provides the person opportunity and probability for personal communication or touch with students when not under direct District supervision. Provider shall ensure that Provider and Provider’s officers, employees, and agents will have no direct, unsupervised contact with students while on District property. Provider will work with District to ensure compliance with this requirement. If Provider is unable to ensure through a security plan that none of its personnel, will have direct, unsupervised contact with students in a particular circumstance or circumstances, then Provider shall notify District before beginning any work that could result in such contact. In addition to any Live Screen Criminal Background Check Requirements as set forth above, Provider authorizes District, at its discretion, to obtain information about Provider and its history and to independently conduct its own criminal background check, including fingerprinting, of any Provider officers, employees, or agents who may have unsupervised contact with students. Provider shall cause its personnel, to authorize District to conduct these background checks. Unless otherwise required by law, Provider shall pay all fees for processing the background check. District may deduct the cost of such fees from a progress or final payment to Provider under this Agreement, unless Provider elects to pay such fees directly.]
Appears in 4 contracts
Samples: Technology Services Agreement, Professional Services Agreement, Professional Services Agreement
Live Screen Criminal Background Check Requirements. ProviderConsultant, at its sole cost and expense, and as necessary to satisfy the requirements of Education Code (EC) section 45125.1 and 45125.2 or District policy, will ensure that all required criminal background checks are timely conducted. If required by EC section 45125.1, Provider Consultant must provide for the completion of a Fingerprint Certification form, in the District’s required format, prior to any of the ProviderConsultant’s personnel, who are anticipated to come into contact with the District's students. Provider Consultant further acknowledges that other fingerprinting requirements may apply, as set forth in Education Code section 45125 et seq., and that Provider Consultant will comply with any such requirements. Provider Consultant further acknowledges and agrees that no Provider Consultant personnel shall come into contact with students if they have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).] Notwithstanding anything to the contrary herein, if Provider Consultant is an individual operating as a sole proprietor, if required by Education Code section 45125.1(k), it shall be the responsibility of the District to prepare and submit that individual’s fingerprints to the Department of Justice.] [Unsupervised Contact: “Unsupervised contact” with students means contact that provides the person opportunity and probability for personal communication or touch with students when not under direct District supervision. Provider Consultant shall ensure that Provider Consultant and ProviderConsultant’s officers, employees, and agents will have no direct, unsupervised contact with students while on District property. Provider Consultant will work with District to ensure compliance with this requirement. If Provider Consultant is unable to ensure through a security plan that none of its personnel, will have direct, unsupervised contact with students in a particular circumstance or circumstances, then Provider Consultant shall notify District before beginning any work that could result in such contact. In addition to any Live Screen Criminal Background Check Requirements as set forth above, Provider Consultant authorizes District, at its discretion, to obtain information about Provider Consultant and its history and to independently conduct its own criminal background check, including fingerprinting, of any Provider Consultant officers, employees, or agents who may have unsupervised contact with students. Provider Consultant shall cause its personnel, to authorize District to conduct these background checks. Unless otherwise required by law, Provider Consultant shall pay all fees for processing the background check. District may deduct the cost of such fees from a progress or final payment to Provider Consultant under this Agreement, unless Provider Consultant elects to pay such fees directly.]
Appears in 2 contracts
Samples: Consulting Services Agreement, Consulting Services Agreement
Live Screen Criminal Background Check Requirements. Provider, at its sole cost and expense, and as necessary to satisfy the requirements of Education Code (EC) section 45125.1 and 45125.2 or District policy, will ensure that all required criminal background checks are timely conducted. If required by EC section 45125.1, Provider must provide for the completion of a Fingerprint Certification form, in the District’s required format, prior to any of the Provider’s personnel, who are anticipated to come into contact with the District's students. Provider further acknowledges that other fingerprinting requirements may apply, as set forth in Education Code section 45125 et seq., and that Provider will comply with any such requirements. Provider further acknowledges and agrees that no Provider personnel shall come into contact with students if they have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).] Notwithstanding anything to the contrary herein, if Provider is an individual operating as a sole proprietor, if required by Education Code section 45125.1(k), it shall be the responsibility of the District to prepare and submit that individual’s fingerprints to the Department of Justice.] [Unsupervised Contact: “Unsupervised contact” with students means contact that provides the person opportunity and probability for personal communication or touch with students when not under direct District supervision. Provider shall ensure that Provider and Provider’s officers, employees, and agents will have no direct, unsupervised contact with students while on District property. Provider will work with District to ensure compliance with this requirement. If Provider is unable to ensure through a security plan that none of its personnel, will have direct, unsupervised contact with students in a particular circumstance or circumstances, then Provider shall notify District before beginning any work that could result in such contact. In addition to any Live Screen Criminal Background Check Requirements as set forth above, Provider authorizes District, at its discretion, to obtain information about Provider and its history and to independently conduct its own criminal background check, including fingerprinting, of any Provider officers, employees, or agents who may have unsupervised contact with students. Provider shall cause its personnel, to authorize District to conduct these background checks. Unless otherwise required by law, Provider shall pay all fees for processing the background check. District may deduct the cost of such fees from a progress or final payment to Provider under this Agreement, unless Provider elects to pay such fees directly.]] Safety and Security. Provider shall perform all Services so as to avoid injury or damage to any person or property by exercising all necessary safety and security precautions as may be appropriate to the nature of the Services and the conditions under which the Services are to be performed. [Provider further agrees to comply with all of the following: Identification: When performing Services on District property, Provider shall be in appropriate work attire (or uniform, if applicable) at all times. If Provider does not have a specific uniform, then Provider shall provide identification tags and/or any other mechanism the District in its sole discretion determines is required to easily identify Provider, as opposed to faculty, staff, parents, students or other members of the public. Provider and its employees shall (i) display on their clothes the above-mentioned identifying information and (ii) carry photo identification and present it to any District personnel upon request. If Provider cannot produce such identification or if the identification is unacceptable to District, District may provide at its sole discretion, District-produced identification tags to Provider, costs to be borne by Provider. Sign-in required: As required by schools and other District locations, Provider personnel must sign into the location’s main office to receive an in-school identification/visitors tag. Such individuals must display this tag on their person at all times while on District property.
Appears in 2 contracts
Samples: Professional Services Agreement, Technology Services Agreement
Live Screen Criminal Background Check Requirements. ProviderArchitect, at its sole cost and expense, and as necessary to satisfy the requirements of Education Code (EC) section 45125.1 and 45125.2 or District policy, will ensure that all required criminal background checks are timely conducted. If required by EC section 45125.1, Provider Architect must provide for the completion of a Fingerprint Certification form, in the District’s required format, prior to any of the ProviderArchitect’s personnel, who are anticipated to come into contact with the District's students. Provider Architect further acknowledges that other fingerprinting requirements may apply, as set forth in Education Code section 45125 et seq., and that Provider Architect will comply with any such requirements. Provider Architect further acknowledges and agrees that no Provider Architect personnel shall come into contact with students if they have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).] Notwithstanding anything to the contrary herein, if Provider Architect is an individual operating as a sole proprietor, if required by Education Code section 45125.1(k), it shall be the responsibility of the District to prepare and submit that individual’s fingerprints to the Department of Justice.] [Unsupervised Contact: “Unsupervised contact” with students means contact that provides the person opportunity and probability for personal communication or touch with students when not under direct District supervision. Provider Architect shall ensure that Provider Architect and ProviderArchitect’s officers, employees, and agents will have no direct, unsupervised contact with students while on District property. Provider Architect will work with District to ensure compliance with this requirement. If Provider Architect is unable to ensure through a security plan that none of its personnel, will have direct, unsupervised contact with students in a particular circumstance or circumstances, then Provider Architect shall notify District before beginning any work that could result in such contact. In addition to any Live Screen Criminal Background Check Requirements as set forth above, Provider Architect authorizes District, at its discretion, to obtain information about Provider Architect and its history and to independently conduct its own criminal background check, including fingerprinting, of any Provider Architect officers, employees, or agents who may have unsupervised contact with students. Provider Architect shall cause its personnel, to authorize District to conduct these background checks. Unless otherwise required by law, Provider Architect shall pay all fees for processing the background check. District may deduct the cost of such fees from a progress or final payment to Provider Architect under this Agreement, unless Provider Architect elects to pay such fees directly.] [Project Specific Requirements. Upon request, Architect shall prepare for and make formal presentations to the District’s Governing Board and attend public hearings and other public meetings. Architect shall attend and participate in regular Project coordination meetings between Architect, its subcontractors, District representative(s), and other consultants and contractors of the District during Project development. Architect shall assist District in obtaining required approvals from governmental agencies responsible for electrical, gas, water, sanitary or storm sewer, telephone, public utilities, as well as the Office of Public School Construction (OPSC), California Department of Education (CDE) and Division of the State Architect (DSA). Architect, based on available documents from District and/or public agencies shall be responsible for determining the capacity of existing utilities, and/or for any design or documentation required to make points of connection to existing utility services that may be located on or off the Project site and which are required for the Project. If, in Architect’s professional opinion, there are questions or concerns regarding the reliability or accuracy of the available documents, Architect shall immediately notify District of the same in writing. Architect, based on available documents from District and/or public agencies shall be responsible for determining the capacity of existing utilities, and/or for any design or documentation required to make points of connection to existing utility services that may be located on or off the Project site and which are required for the Project. If, in Architect’s professional opinion, there are questions or concerns regarding the reliability or accuracy of the available documents, Architect shall immediately notify District of the same in writing. Architect shall be the interpreter of the requirements of the construction documents and advise District as to the performance by the Contractor hereunder. If, during construction, Architect identifies any deficiencies in construction, Architect shall immediately notify District of the same. Architect shall not issue orders to District contractor’s that might commit District to extra expenses or otherwise amend the construction documents without first obtaining the written approval of District.]
Appears in 1 contract
Samples: Architectural Services Agreement
Live Screen Criminal Background Check Requirements. ProviderContractor, at its sole cost and expense, and as necessary to satisfy the requirements of Education Code (EC) section 45125.1 and 45125.2 or District policy, will ensure that all required criminal background checks are timely conducted. If required by EC section 45125.1, Provider Contractor must provide for the completion of a Fingerprint Certification form, in the District’s required format, prior to any of the Provider’s personnelContractor's employees, or those of any other subcontractors, who are anticipated to come into contact with the District's students. Provider Contractor further acknowledges that other fingerprinting requirements may apply, as set forth in Education Code section 45125 et seq., and that Provider Contractor will comply with any such requirements. Provider Contractor further acknowledges and agrees that no Provider personnel Contractor or subcontractor employees, agents or representatives shall come into contact with students if they have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).] Notwithstanding anything to the contrary herein, if Provider Contractor is an individual operating as a sole proprietor, if required by Education Code section 45125.1(k), it shall be the responsibility of the District to prepare and submit that individual’s fingerprints to the Department of Justice.] [Unsupervised Contact: “Unsupervised contact” with students means contact that provides the person opportunity and probability for personal communication or touch with students when not under direct District supervision. Provider Contractor shall ensure that Provider Contractor, any subcontractors [of al tiers], and Provider’s their officers, employees, and agents will have no direct, unsupervised contact with students while on District property. Provider Contractor will work with District to ensure compliance with this requirement. If Provider Contractor is unable to ensure through a security plan that none of its personnelofficers, employees, or agents, or those of its subcontractors, will have direct, unsupervised contact with students in a particular circumstance or circumstances, then Provider Contractor shall notify District before beginning any work that could result in such contact. In addition to any Live Screen Criminal Background Check Requirements as set forth above, Provider Contractor authorizes District, at its discretion, to obtain information about Provider Contractor and its history and to independently conduct its own criminal background check, including fingerprinting, of any Provider Contractor officers, employees, or agents who may have unsupervised contact with students. Provider Contractor shall cause its personnelemployees and/or subcontractors, if any, to authorize District to conduct these background checks. Unless otherwise required by law, Provider Contractor shall pay all fees for processing the background check. District may deduct the cost of such fees from a progress or final payment to Provider Contractor under this Agreement, unless Provider Contractor elects to pay such fees directly.]] Safety and Security. Contractor shall perform all Work so as to avoid injury or damage to any person or property by exercising all necessary safety and security precautions as may be appropriate to the nature of the Work and the conditions under which the Work is to be performed. [Contractor further agrees to comply with all of the following: Identification: When performing work on District property, Contractor shall be in appropriate work attire (or uniform, if applicable) at all times. If Contractor does not have a specific uniform, then Contractor shall provide identification tags and/or any other mechanism the District in its sole discretion determines is required to easily identify Contractor, as opposed to faculty, staff, parents, students or other members of the public. Contractor and its employees shall (i) display on their clothes the above-mentioned identifying information and (ii) carry photo identification and present it to any District personnel upon request. If Contractor cannot produce such identification or if the identification is unacceptable to District, District may provide at its sole discretion, District-produced identification tags to Contractor, costs to be borne by Contractor. Sign-in required: As required by schools and other District locations, Contractor personnel must sign into the location’s main office to receive an in-school identification/visitors tag. Such individuals must display this tag on their person at all times while on District property.
Appears in 1 contract
Samples: Independent Contractor Agreement
Live Screen Criminal Background Check Requirements. Provider, at its sole cost and expense, and as necessary to satisfy the requirements of Education Code (EC) section 45125.1 and 45125.2 or District policy, will ensure that all required criminal background checks are timely conducted. If required by EC section 45125.1, Provider must provide for the completion of a Fingerprint Certification form, in the District’s required format, prior to any of the Provider’s personnel, who are anticipated to come into contact with the District's students. Provider further acknowledges that other fingerprinting requirements may apply, as set forth in Education Code section 45125 et seq., and that Provider will comply with any such requirements. Provider further acknowledges and agrees that no Provider personnel shall come into contact with students if they have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).] Notwithstanding anything to the contrary herein, if Provider is an individual operating as a sole proprietor, if required by Education Code section 45125.1(k), it shall be the responsibility of the District to prepare and submit that individual’s fingerprints to the Department of Justice.] [Unsupervised Contact: “Unsupervised contact” with students means contact that provides the person opportunity and probability for personal communication or touch with students when not under direct District supervision. Provider shall ensure that Provider and Provider’s officers, employees, and agents will have no direct, unsupervised contact with students while on District property. Provider will work with District to ensure compliance with this requirement. If Provider is unable to ensure through a security plan that none of its personnel, will have direct, unsupervised contact with students in a particular circumstance or circumstances, then Provider shall notify District before beginning any work that could result in such contact. In addition to any Live Screen Criminal Background Check Requirements as set forth above, Provider authorizes District, at its discretion, to obtain information about Provider and its history and to independently conduct its own criminal background check, including fingerprinting, of any Provider officers, employees, or agents who may have unsupervised contact with students. Provider shall cause its personnel, to authorize District to conduct these background checks. Unless otherwise required by law, Provider shall pay all fees for processing the background check. District may deduct the cost of such fees from a progress or final payment to Provider under this Agreement, unless Provider elects to pay such fees directly.]] Laws/Rules Regarding Internet Platforms: Provider agrees to comply with California and Federal law, rules and regulations regarding data privacy, security, and children’s online privacy, and will ensure that as a Contractoras a Provider for the District, the use and storage of data follows the mandates of the law. Provider further agrees to comply with the Americans with Disabilities Act (ADA), including, but not limited to, including ADA-compliant accessibility of electronic media and web sites. In addition, Provider agrees to comply with accessibility guidelines under Section 508 of the Workforce Rehabilitation Act of 1973. Provider agrees that any material, Product, Service, Work Product, access to material, Product, Service, or Work Product, and any platforms on which material, Product, Services or Work Product are provided, delivered, displayed, used, or accessed, shall be accessible to persons with disabilities as defined and/or provided for in the Americans with Disabilities Act, 00 X.X. Xxxx § 00000 et seq., under Section 508 of the Workforce Rehabilitation Act of 1973, as required by California law, or as otherwise is required to meet industry standards so that individuals with disabilities are afforded equality of opportunity, full participation, independent living, and economic self-sufficiency, such that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. It is further understood that to the extent that Provider provides District with a service that allows for its students to access educational material on a computer or mobile device, Provider agrees that such material will be made available in a format that is accessible to all students, teachers, staff and administrators, regardless of any disability they may have. To the extent that content is uploaded to the platform provided by the Provider, Provider shall inform District immediately and take whatever steps are necessary to make such content as accessible as possible. FERPA Re-disclosure and AB 1584 compliance. Family Education Rights and Privacy Act (“FERPA”) prohibits the re-disclosure of confidential student information. Except in very specific circumstances, Provider shall not disclose to any other party without prior consent of the parent/guardian any information or records regarding students or their families that Provider may learn or obtain in the course and scope of its performance of this Contract. Any re-disclosure of confidential student information must be in compliance with the re-disclosure laws of FERPA. Provider is not to re-disclose information without prior written notification to and written permission of the District. If District grants permission, Provider is solely responsible for compliance with the re-disclosure under §99.32(b). Consistent with FERPA’s requirements, personally identifiable information obtained by Provider in the performance of this Contract must be used only for the purposes identified in this Contract. In addition, Provider agrees to the terms and conditions following in order to ensure compliance with California Assembly Xxxx 1584 (effective January 1, 2015); ASSEMBLY XXXX 1584 COMPLIANCE AGREEMENT ("AB 1584 Agreement") Provider understands and agrees to comply with the following: The District is a California public entity (local education agency) subject to all state and federal laws governing education, including but not limited to California Assembly Xxxx 1584 ("AB 1584"), the California Education Code, the Children's Online Privacy and Protection Act ("COPPA"), and the Family Educational Rights and Privacy Act ("FERPA"); AB 1584 requires, in part, that any Agreement entered into, renewed or amended after January 1, 2015 between a local education agency (LEA or District) and a third-party service provider (Provider) must include certain terms; and
Appears in 1 contract
Samples: Technology Services Agreement
