Common use of CLEARANCE REQUIREMENTS Clause in Contracts

CLEARANCE REQUIREMENTS. 1. CONTRACTOR shall comply with the requirements of California Education Code sections 44237, 35021.1, and 35021.2, including, but not limited to: obtaining clearance from the California Department of Justice (hereinafter referred to as “CDOJ”) and tuberculosis (“TB”) clearance for CONTRACTOR’S employees, volunteers, and independent contractors prior to providing service to any SCUSD student, unless CONTRACTOR determines that the employees, volunteers, and independent contractors will not be onsite and thus unable to have contact with SCUSD students. Such CDOJ and FBI clearance shall include a determination that any such person has not been convicted of a violent or serious felony as those terms are defined in California Education Code section 44237(h), unless despite such person’s conviction of a violent or serious felony, he or she has met the criteria to be eligible for employment pursuant to California Education Code section 44237 (i) or (j). In addition, CONTRACTOR shall make a request for subsequent arrest service from the CDOJ as required by California Penal Code section 11105.2 with respect to each such person. CONTRACTOR shall certify in writing to SCUSD that CONTRACTOR has at all times complied with this section of the Master Contract. CONTRACTORS employing or staffing current SCUSD or other school district’s employees must obtain clearance from the CDOJ verified with CONTRACTOR’S ORI (Originating Reporting Agency Identification) number. 2. CONTRACTORS with employees who are residents of other states in the United States shall comply with the above identified statutory requirements by obtaining criminal record histories for their employees through the employee’s state of residence equivalent to the CDOJ including subsequent arrest information or by obtaining annual FBI criminal records histories for their employees. 3. If CONTRACTOR’S services, as specified in the ISA, are limited to online services, contact with SCUSD students shall also include electronic contact, and CONTRACTOR shall comply with the requirements for CDOJ and FBI clearance described in this section. In such cases, employees having electronic or telephone contact only with any SCUSD student shall not be required to obtain TB clearance. 4. Administrative staff for CONTRACTOR not in contact with students but having access to confidential student information shall comply with the requirements for CDOJ clearance described in this section. In such cases, employees only having access to any confidential SCUSD student information shall not be required to obtain TB clearance. 5. Obtaining clearance for tuberculosis (TB). CONTRACTOR shall certify in writing by completing Attachment 5 to this Master Contract, that CONTRACTOR’S employees and volunteers and subcontractors have received clearance for TB. 6. Representatives for CONTRACTOR attending the Provider Fair where students may be attending, shall comply with all of the clearance requirements described herein. 7. Clearance certifications shall be uploaded to the Provider Documents section in CAYEN for access by State and Federal Programs Department pursuant to its requirements. 8. The CONTRACTOR shall provide each tutor, site director, and any other employee(s) in contact with SCUSD students with an identification badge that exhibits the CONTRACTOR’S company name, employee name, and a picture of the employee.

CLEARANCE REQUIREMENTS. 1. CONTRACTOR shall comply with the requirements of California Education Code sections 44237, 35021.1, and 35021.2, including, but not limited to: obtaining clearance from the California Department of Justice (hereinafter referred to as “CDOJ”) and tuberculosis (“TB”) clearance for CONTRACTOR’S employees, volunteers, and independent contractors prior to providing service to any SCUSD student, unless CONTRACTOR determines that the employees, volunteers, and independent contractors will not be onsite and thus unable to have contact with SCUSD students. Such CDOJ and FBI clearance shall include a determination that any such person has not been convicted of a violent or serious felony as those terms are defined in California Education Code section 44237(h), unless despite such person’s conviction of a violent or serious felony, he or she has met the criteria to be eligible for employment pursuant to California Education Code section 44237 (i) or (j). In addition, CONTRACTOR shall make a request for subsequent arrest service from the CDOJ as required by California Penal Code section 11105.2 with respect to each such person. CONTRACTOR shall certify in writing to SCUSD that CONTRACTOR has at all times complied with this section of the Master Contract. CONTRACTORS employing or staffing current SCUSD or other school district’s employees must obtain clearance from the CDOJ verified with CONTRACTOR’S ORI (Originating Reporting Agency Identification) number. 2. CONTRACTORS with employees who are residents of other states in the United States shall comply with the above identified statutory requirements by obtaining criminal record histories for their employees through the employee’s state of residence equivalent to the CDOJ including subsequent arrest information or by obtaining annual FBI criminal records histories for their employees. 3. If CONTRACTOR’S services, as specified in the ISA, are limited to online services, contact with SCUSD students shall also include electronic contact, and CONTRACTOR shall comply with the requirements for CDOJ and FBI clearance described in this section. In such cases, employees having electronic or telephone contact only with any SCUSD student shall not be required to obtain TB clearance. 4. Administrative staff for CONTRACTOR not in contact with students but having access to confidential student information shall comply with the requirements for CDOJ clearance described in this section. In such cases, employees only having access to any confidential SCUSD student information shall not be required to obtain TB clearance. 5. Obtaining clearance for tuberculosis (TB). CONTRACTOR shall certify in writing by completing Attachment 5 7 to this Master Contract, that CONTRACTOR’S employees and volunteers and subcontractors have received clearance for TB. 6. Representatives for CONTRACTOR attending the Provider Fair any district approved function where students may be attendingare in attendance (i.e., Meet the Providers Fairs) shall comply with all of the clearance requirements described herein. 7. Clearance certifications shall be uploaded submitted to the Provider Documents section in CAYEN for access by State and Federal Programs Department pursuant to its requirements. 8. The CONTRACTOR shall provide each tutor, site director, and any other employee(s) in contact with SCUSD students with an identification badge that exhibits the CONTRACTOR’S company name, employee name, and a picture of the employee.