Section D: Fiscal Management
Policy Title: Vendor/Contractor Relations
Policy Code: DJG
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A contractor, subcontractor or vendor, or any employee of a contractor, subcontractor or vendor, who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to A.R.S. §41-1758 et seq. The Superintendent or designee may exempt from the requirement to obtain a fingerprint clearance card a contractor, subcontractor, or vendor whom the Superintendent or designee has determined is not likely to have independent access or unsupervised contact with students as part of their normal job duties while performing services to the school or to the school district. The exemption shall be given in writing and a copy filed in the District office.
The Superintendent shall develop uniform District criterion for making a determination of whether or not an exemption will be granted.
Required Contract Provisions
Each District contract shall contain the provisions of statute paraphrased below and the Superintendent shall implement procedures to randomly verify the records of contractor, subcontractor, or vendor employees to ensure compliance with these warranties.
The contract or agreement with each contractor, subcontractor, or vendor shall contain the warranties indicated below:
- Each contractor, subcontractor, and vendor shall warrant compliance with all federal immigration laws and regulations that relate to their employees and that they have verified employment eligibility of each employee through the E-Verify program. The contractor shall acknowledge that a breach of this warranty shall be deemed a material breach of the contract subject to penalties up to and including termination of the contract.
- The contractor, subcontractor, and vendor further acknowledge that the school district retains the legal right to inspect the papers of any contractor, subcontractor, or vendor employee who works on the contract to ensure compliance by the contractor, subcontractor, or vendor.
The contractor, subcontractor, or vendor shall facilitate this right by notice to his/her employees and supervisors.
Adopted: November 24, 2009
Revision: December 10, 2013
LEGAL REF.: A.R.S. §15-512, 23-214, 41-1758 et seq., 41-4401
Public Law 92-544