Common use of Working with Minors Clause in Contracts

Working with Minors. In accordance with California Public Resources Code Section 5164, if Contractor, or any subcontractor, is providing services at a City park, playground, recreational center or beach, Contractor shall not hire, and shall prevent its subcontractors from hiring, any person for employment or a volunteer position in a position having supervisory or disciplinary authority over a minor if that person has been convicted of any offense listed in Public Resources Code Section 5164. In addition, if Contractor, or any subcontractor, is providing services to the City involving the supervision or discipline of minors or where Contractor, or any subcontractor, will be working with minors in an unaccompanied setting on more than an incidental or occasional basis, Contractor and any subcontractor shall comply with any and all applicable requirements under federal or state law mandating criminal history screening for such positions and/or prohibiting employment of certain persons including but not limited to California Penal Code Section 290.95. In the event of a conflict between this section and Section 10.14, “Consideration of Criminal History in Hiring and Employment Decisions,” of this Agreement, this section shall control.  Consult with the City Attorney’s Office regarding potential preemption issues. If Chapter 12T will not apply to a particular contract due to preemption or other non- applicability, then delete the body text and replace with “Reserved. (Consideration of Criminal History in Hiring and Employment Decisions)”. In the case of waiver, replace text with “Waived. (Consideration of Criminal History in Hiring and Employment Decisions)” if the requirement has been waived by the appropriate governing body.

Appears in 1 contract

Samples: mission.sfgov.org

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Working with Minors. In accordance with California Public Resources Code Section 5164, if Contractor, or any subcontractor, is providing services at a City park, playground, recreational center or beach, Contractor shall not hire, and shall prevent its subcontractors from hiring, any person for employment or a volunteer position in a position having supervisory or disciplinary authority over a minor if that person has been convicted of any offense listed in Public Resources Code Section 5164. In addition, if Contractor, or any subcontractor, is providing services to the City involving the supervision or discipline of minors or where Contractor, or any subcontractor, will be working with minors in an unaccompanied setting on more than an incidental or occasional basis, Contractor and any subcontractor shall comply with any and all applicable requirements under federal or state law mandating criminal history screening for such positions and/or prohibiting employment of certain persons including but not limited to California Penal Code Section 290.95. In the event of a conflict between this section and Section 10.14, “Consideration of Criminal History in Hiring and Employment Decisions,” of this Agreement, this section shall control.  Consult with the City Attorney’s Office regarding potential preemption issues. If Chapter 12T will not apply to a particular contract due to preemption or other non- applicability, then delete the body text and replace with “Reserved. (Consideration of Criminal History in Hiring and Employment Decisions.)”. In the case of waiver, replace text with “Waived. (Consideration of Criminal History in Hiring and Employment Decisions)” if the requirement has been waived by the appropriate governing body.

Appears in 1 contract

Samples: Agreement

Working with Minors. In accordance with California Public Resources Code Section 5164, if Contractor, or any subcontractor, is providing services at a City park, playground, recreational center or beach, Contractor shall not hire, and shall prevent its subcontractors from hiring, any person for employment or a volunteer position in a position having supervisory or disciplinary authority over a minor if that person has been convicted of any offense listed in Public Resources Code Section 5164. In addition, if Contractor, or any subcontractor, is providing services to the City involving the supervision or discipline of minors or where Contractor, or any subcontractor, will be working with minors in an unaccompanied setting on more than an incidental or occasional basis, Contractor and any subcontractor shall comply with any and all applicable requirements under federal or state law mandating criminal history screening for such positions and/or prohibiting employment of certain persons including but not limited to California Penal Code Section 290.95. In the event of a conflict between this section and Section 10.14, “Consideration of Criminal History in Hiring and Employment Decisions,” of this Agreement, this section shall control. 🠞 Consult with the City Attorney’s Office regarding potential preemption issues. If Chapter 12T will not apply to a particular contract due to preemption or other non- applicability, then delete the body text and replace with “Reserved. (Consideration of Criminal History in Hiring and Employment Decisions.)”. In the case of waiver, replace text with “Waived. (Consideration of Criminal History in Hiring and Employment Decisions)” if the requirement has been waived by the appropriate governing body.

Appears in 1 contract

Samples: Agreement

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Working with Minors. In accordance with California Public Resources Code Section 5164, if Contractor, or any subcontractor, is providing services at a City park, playground, recreational center or beach, Contractor shall not hire, and shall prevent its subcontractors from hiring, any person for employment or a volunteer position in a position having supervisory or disciplinary authority over a minor if that person has been convicted of any offense listed in Public Resources Code Section 5164. In addition, if Contractor, or any subcontractor, is providing services to the City involving the supervision or discipline of minors or where Contractor, or any subcontractor, will be working with minors in an unaccompanied setting on more than an incidental or occasional basis, Contractor and any subcontractor shall comply with any and all applicable requirements under federal or state law mandating criminal history screening for such positions and/or prohibiting employment of certain persons including but not limited to California Penal Code Section 290.95. In the event of a conflict between this section and Section 10.14, “Consideration of Criminal History in Hiring and Employment Decisions,” of this Agreement, this section shall control.  Consult Consult with the City Attorney’s Office regarding potential preemption issues. If Chapter 12T will not apply to a particular contract due to preemption or other non- non-applicability, then delete the body text and replace with “Reserved. (Consideration of Criminal History in Hiring and Employment Decisions.)”. In If 12T has been waived by the case of waiverappropriate governing body, replace text with “Waived. (Consideration of Criminal History in Hiring and Employment Decisions)” if ”. DPH NOTE: If you waive 12T you must get an OCA 12T waiver before you process the requirement has been waived by the appropriate governing bodycontract.

Appears in 1 contract

Samples: Agreement

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