Common use of Xxxxxxxx Act/Criminal Background Checks Clause in Contracts

Xxxxxxxx Act/Criminal Background Checks. All parties acknowledge that N.C. General Statute §14-208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statues from knowingly being on the premises of any school or other facility dedicated to the care of minors. NHC shall conduct criminal background checks on all NHCPCU Personnel who, pursuant to this MOU, interact with NHCS students or provide services on NHCS property or at NHCS events. Such checks shall include an annual check of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry. NHCCJS shall provide documentation to NHCS of criminal background checks before assigning its employees or agents to provide services under this MOU. NHCCJS shall likewise provide documentation to NHCS of its annual checks of the aforesaid sex- offender registries. The mandatory sex-offender registry checks may be completed by accessing the North Carolina Sex Offender Registry website at xxxx://xxxxxxxxxxx.xxxxx.xxx/. Under no circumstances shall any NHCPCU Personnel be assigned to work with any student or on NHCS property or at NHCS events if (1) said worker appears on any of the aforesaid sex-offender registries; (2) said worker has been convicted of a felony; (3) said worker has been convicted of any crime, whether misdemeanor or felony, involving sex, violence, or drugs; or (4) said worker has engaged in any crime or conduct indicating that the worker may pose a threat to the safety or well- being of students or school personnel. Upon request, NHC will furnish NHCS with sufficient information to allow NHCS to perform its own criminal background checks on the NHCPCU Personnel. Failure to comply with this provision shall be grounds for immediate termination of the MOU.

Xxxxxxxx Act/Criminal Background Checks. All parties acknowledge that N.C. General Statute §14-208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statues from knowingly being on the premises of any school or other facility dedicated to the care of minors. NHC The Provider shall conduct criminal background or arrange to have conducted at its own expense sexual offender registry checks on all NHCPCU Personnel whoeach of its employees, pursuant agents, ownership personnel, or contractors (“contractual personnel”) who will engage in any service on or delivery of goods to this MOU, interact with NHCS students or provide services on NHCS school system property or at NHCS eventsa school-system sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites. Such The checks shall include an annual check at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender RegistryRegistry (“the Registries”). NHCCJS shall provide documentation to NHCS of criminal background checks before assigning its employees or agents to provide services under this MOU. NHCCJS shall likewise provide documentation to NHCS of its annual checks For the Provider’s convenience only, all of the aforesaid sex- offender registries. The mandatory sex-offender required registry checks may be completed at no cost by accessing the North Carolina United States Department of Justice Sex Offender Public Website at xxxx://xxx.xxxxx.xxx/. The Provider shall provide certification on the Sexual Offender Registry website Check Certification Form that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or the delivery of such goods. The Provider shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Provider agrees to conduct the registry checks and provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Provider further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at xxxx://xxxxxxxxxxx.xxxxx.xxx/. Under no circumstances each anniversary date of this Agreement. Provider shall not assign any NHCPCU Personnel be assigned individual to work with any student deliver goods or on NHCS property or at NHCS events provide services pursuant to this Agreement if (1) said worker individual appears on any of the aforesaid sex-offender listed registries; . Provider agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Provider specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system’s sole discretion. Failure to comply with the terms of this provision shall be deemed a material breach of the Agreement. In addition, the school system may conduct additional criminal records checks at the school system’s expense. If the school system exercises this right to conduct additional criminal records checks, Provider agrees to provide within seven (27) said worker days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Provider further agrees that it has been convicted of a felony; (3) said worker has been convicted an ongoing obligation to provide the school system with the name of any crimenew contractual personnel who may deliver goods or provide services under the Agreement. WCPSS reserves the right to prohibit any contractual personnel of Provider from delivering goods or providing services under this Agreement if WCPSS determines, whether misdemeanor or felonyin its sole discretion, involving sex, violence, or drugs; or (4) said worker has engaged in any crime or conduct indicating that the worker such contractual personnel may pose a threat to the safety or well- well-being of students students, school personnel or school personnel. Upon request, NHC will furnish NHCS with sufficient information to allow NHCS to perform its own criminal background checks on the NHCPCU Personnel. Failure to comply with this provision shall be grounds for immediate termination of the MOUothers.