Common use of CLEARANCE REQUIREMENTS Clause in Contracts

CLEARANCE REQUIREMENTS. Prior to the commencement of instruction the CONTRACTOR shall file with the DISTRICT an affidavit in the form appended to this contract as EXHIBIT B. The affidavit signed under penalty of perjury, that the following procedures have taken place: the CONTRACTOR, each employee, and volunteer of the CONTRACTOR has passed a background check (a)and fingerprint analysis by the California Department of Justice (hereinafter referred to as CDOJ) and, (b) obtained tuberculosis clearance. It is mandated that no person may have contact with students until a clearance from the CDOJ has been obtained. CONTRACTOR shall comply with the requirements of California Education Code sections 44237, 35021.1, 35021.2, Title 5, and California Code of Regulations section 13075(J), unless CONTRACTOR determines that the employees, volunteers, and CONTRACTOR’S will have no physical contact with DISTRICT students. Such CDOJ 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 he 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 1105.2 with respect to each such person. CONTRACTOR shall certify in writing to DISTRICT that CONTRACTOR has at all times complied with this section of the AGREEMENT.