Common use of Background Screening Requirements Clause in Contracts

Background Screening Requirements. In accordance with the requirements of §1012.465, §1012.32 and §1012.467, F.S., and District Policies as amended from time to time, Contractor agrees that Contractor and all of its employees who provide or may provide services under this Agreement will complete criminal history checks, and satisfy all background screening requirements, including level 2 screening requirements, as outlined in the above-referenced statutes and District Policies, prior to providing services to the District. Additionally, Contractor agrees that each of its employees, representatives, agents, sub- contractors or suppliers who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described in the above-referenced statutes, and District Board Policies. Such Level 2 background screening shall be conducted at a District designated location or other reciprocal location thereby resulting in said person(s) having been registered in the Florida Shared School Results (“FSSR”) database. All such persons shall coordinate, through Contractor, with the District for the District’s issuance of a contractor badge; it being understood that the said persons must have satisfactorily completed the Level 2 screening and have received the District contractor badge prior to entering any District locations to deliver the services described in this Agreement. All Contractor staff, representatives, agents, sub-contractors or suppliers onsite at each school location must have been issued, and must wear, the contractor badge evidencing the satisfactory completion of the required Level 2 screening at all times. A non-instructional Contractor who is exempt from the screening requirements set forth in §1012.465, §1012.468 or §1012.467, F.S., is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under §943.043 and the national sex offender public registry maintained by the United States Department of Justice. Contractor agrees to bear any and all costs associated with acquiring the required background screening including any costs associated with fingerprinting and obtaining the required photo identification badge. Contractor agrees to require all its affected employees to sign a statement, as a condition of employment with Contractor in relation to performance under this Agreement, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Contractor/Employer of any arrest(s) or conviction(s) of any offense enumerated in District Policies within 48 hours of its occurrence. Contractor agrees to provide the District with a list of all its employees who have completed background screening as required by the above-referenced statutes and who meet the statutory requirements contained therein. Contractor agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Contractor further agrees to notify the District immediately upon becoming aware that one of its employees who was previously certified as completing the background check and meeting the statutory standards is subsequently arrested or convicted of any disqualifying offense. Failure by the Contractor to notify the District of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Agreement. The parties further agree that failure by Contractor to perform any of the duties described in this section shall constitute a material breach of the Agreement entitling the District to terminate this Agreement immediately with no further responsibility to make payment or perform any other duties under this Agreement.