DJG
VENDOR / CONTRACTOR  RELATIONS

Fingerprinting  Requirements

A contractor, subcontractor or vendor, or any employee of a contractor, subcontractor or vendor, who is contracted to provide services on a regular basis shall, at its own expense  obtain a valid fingerprint clearance card pursuant to A.R.S. 41-1758 et seq.  For the purpose of this section, "regular basis" shall be defined as at least five (5) times during a month.  A copy of the valid fingerprint clearance card shall be given to the District upon request.  The Superintendent, or Executive Director of Human Capital, subject to approval by the Superintendent, may exempt from the requirement to obtain a fingerprint clearance card a contractor, subcontractor, or vendor whom the Superintendent or Executive Director of Human Capital has determined is not likely to have independent access or unsupervised contact with students as part of its 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.

Contractors, sub contractors, vendors and their employees shall not provide services on School District properties until authorized by the District.

Contract  Provisions/Requirements

Each District contract shall contain the provisions of statute paraphrased below and the Superintendent shall implement procedures to randomly verify the records of contractor and subcontractor employees to ensure compliance with these warranties.  For the purpose of this section "Contract" shall be defined as all types of agreements, regardless of what they may be called, for the procurement of services by the District.

The contract or agreement with each contractor shall contain the warranties indicated below:

A.  The contractor or subcontractor, regardless of the provisions of statutes of the contractor's or subcontractor's home state, shall warrant its compliance with all federal immigration laws and regulations that relate to its employees and its compliance with A.R.S. 23-214, subsection A (E-Verify Employee Eligibility Verification Program) and that it has verified employment eligibility of each employee through the E-Verify program.  The contractor or subcontractor 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.

B.  The contractor or subcontractor further acknowledges that the School District retains the legal right to inspect the papers of any contractor or subcontractor employee who works on the contract to ensure compliance by the contractor or subcontractor. 

The contractor shall facilitate this right by notice to its employees and supervisors.

Adopted:  December 8, 2009

LEGAL REF.:
A.R.S.
15-512
23-214
41-1758 et seq.
41-4401
Public Law 92-544

CROSS REF.:
DBF - Budget Hearings and Reviews/Adoption Process
DIC - Financial Reports and Statements
DJE - Bidding/Purchasing Procedures