3642: Construction Procedures - Contracts
3642: Construction Procedures - Contracts holly Tue, 07/02/2019 - 10:28The District shall use the appropriate standard contract forms published by the American Institute of Architects (AIA) for its construction projects. Such forms may be amended in whole or in part upon recommendation of legal counsel.
Such contracts shall provide: (1) that the contractor provide a certificate of insurance with coverage determined appropriate by the District, (2) that no tobacco products or e-cigarette type products may be used in District facilities or on grounds owned, leased, or operated by the District, and (3) that all workers will wear District-provided security badges as directed by the District.
Prior to the District issuing security badges to employees of contractors and any subcontractors who will be doing work at District facilities or on grounds owned, leased or operated by the District, such employees must receive security clearance, which includes passing a criminal background check conducted by a District-approved background check company. The contractor and/or subcontractor shall be responsible for compliance, which shall include submitting the names of employees to the background check company at least two weeks in advance of the anticipated start date of any work or project at a District facility or on grounds owned, leased or operated by the District, the payment of all costs for conducting the background check and permitting only those employees who receive proper security clearance to work at District facilities.
3642.1: Background Check Procedures - Contracts
3642.1: Background Check Procedures - Contracts holly Tue, 07/02/2019 - 10:32I. All employees of contractors and/or subcontractors must receive proper security clearance prior to working at a District facility and to receive a District-issued security badge.Â
II. At least two weeks prior to the anticipated start date of any work at a District facility or on grounds owned, leased or operated by the District, all contractors and subcontractors shall submit the names of all employees who will be working on the project to a District-approved background check company in order to receive proper security clearance for a District security badge. The District may, but is not required to, excuse the employees of any contractor or subcontractor from a criminal background check, if an employee has previously received security clearance to work at District facilities during a two-year period prior to the anticipated start date of the project. Any employee who does not pass the District’s security requirements shall not receive a security badge and shall not be permitted to work at a District facility or on grounds owned, leased or operated by the District.
III. To receive proper security clearance and be issued a District security badge, the criminal background check must show that the employee of a contractor or subcontractor has:
1. No felony convictions (where the court’s jurisdiction is continuing or ended less than seven years ago) for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses;
2. No felony charges pending court adjudication or disposition for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses;
3. No misdemeanor convictions (where court jurisdiction is continuing or ended less than five years ago) for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses;
4. No misdemeanor charges pending court adjudication or disposition for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses.
IV. Once the criminal background check is completed, the contractor and/or subcontractor is responsible for providing a list of employees who have passed the criminal background check to the District prior to the District issuing a Notice to Proceed with the project or prior to the District approving the commencement of any work at a District facility or on District property.Â
V. After the commencement of the work or project at a District facility or on District property, all contractors and subcontractors shall self-report to the District and the District-approved background check company any subsequent criminal arrests and convictions, or any unknown prior criminal arrests or convictions that were not known prior commencement of the work or project, for any offense described in this rule, of an employee working at a District facility or on District property. Such obligation to self-report any subsequent criminal arrests or convictions is to ensure the safety and security of the Districts students, visitors, employees, property and equipment and such obligation shall continue throughout the term of the contractor’s and/or subcontractor’s contract.Â
VI. The employees of a contractor and/or subcontractor shall comply with all District rules and policies. The District reserves the right to revoke a security badge and to remove any employee of a contractor or subcontractor from school property if an employee is not wearing the security badge, has violated any District policy or rule, is being disruptive to the educational environment, or is deemed to be a threat to the safety of the students or District employees in the District’s sole discretion.Â
VII. The District reserves the right to terminate the contract of any contractor or subcontractor if the contractors’ or subcontractors’ employees fail to wear security badges, are consistently disruptive while working on District property, or if such vendor or contractor refuses to abide by the District’s directive to remove an employee from school property.