Common use of Criminal Background Investigations Clause in Contracts

Criminal Background Investigations. If applicable, Supplier represents and warrants that Supplier has obtained, at its own expense and in a manner compliant with all applicable laws, a background screening for all of its employees who will be present on University premises. Such background screenings shall be completed consistent with current industry standards and shall, at a minimum, include the same degree of thoroughness as the background checks University conducts for its newly hired staff. Supplier agrees to update any background screening upon reasonable request by University, it being agreed that any request based upon the occurrence of any illegal activity involving Supplier or its personnel, or the reasonable suspicion of illegal activity would be deemed reasonable. Supplier shall provide University with evidence of the completion of the required background screenings upon University's request. Alternatively, in the event Supplier is an individual, University may require Supplier complete a background check consistent with current industry standards at University’s request. Supplier shall not hire, retain, or engage any individual directly involved in the performance of services under the Agreement who has been convicted (felony or misdemeanor) of or entered into a court-supervised diversion program for any sexual offense, felony assault (including domestic violence related incidents), child abuse, molestation or other crime involving endangerment of a minor, murder, or kidnapping. Supplier and Supplier’s employees or agents directly performing services under the Agreement cannot be listed on any sex offender registry. Other convictions, such as misdemeanor assault, drug distribution activity, felony drug possession, and any other felony or crime involving moral turpitude may also render Supplier and Supplier’s employees or agents ineligible to directly perform services under the Agreement, taking into consideration (a) the nature and gravity of the offense(s), (b) the time that has passed since the offense or conduct and/or completion of the sentence, and (c) the nature of the services being performed. Supplier and Supplier’s employees or agents cannot be listed on any sex offender registry. Supplier agrees to ensure any third party with whom Supplier engages to provide any part of services provided under the Agreement agrees to the same restrictions, conditions, and requirements of this section in the same capacity as Supplier.

Appears in 3 contracts

Samples: Nebraska Master Agreement, www.lancaster.ne.gov, www.lancaster.ne.gov

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Criminal Background Investigations. Vendor must conduct a criminal background check on each Vendor Staff within three (3) years preceding the date the individual begins to perform Services. The criminal background check must be refreshed at least at least annually from the date the individual begins to perform services. All criminal background checks will be at Vendor’s expense and, unless otherwise approved in writing by the Contract Manager, shall include but not be limited to: (a) state and federal felony convictions or pending adjudications; (b) state and federal misdemeanor convictions or pending adjudications; and, (d) a seven (7) year minimum timeframe, extending as close as practicable to the date of assignment to perform Services. Vendor will provide written confirmation of the successful completion of all background checks to Citizens’ Contract Manager prior toallowing any Services to be provided by any Vendor Staff. If applicableit is determined that an individual has a criminal conviction (misdemeanor or felony), Supplier represents and warrants that Supplier has obtained, at its own expense and in a manner compliant with all applicable lawsregardless of adjudication (adjudication withheld, a background screening for all plea of its employees who will be present on University premises. Such background screenings shall be completed consistent with current industry standards and shall, at a minimum, include the same degree of thoroughness as the background checks University conducts for its newly hired staff. Supplier agrees to update any background screening upon reasonable request by University, it being agreed that any request based upon the occurrence of any illegal activity involving Supplier guilty or its personnelnolo contendere, or the reasonable suspicion of illegal activity would be deemed reasonable. Supplier shall provide University with evidence of the completion of the required background screenings upon University's request. Alternatively, in the event Supplier is an individual, University may require Supplier complete a background check consistent with current industry standards at University’s request. Supplier shall not hire, retain, or engage any individual directly involved in the performance of services under the Agreement who has been convicted guilty verdict) (felony or misdemeanor) of or entered into a court-supervised diversion program for any sexual offense, felony assault (including domestic violence related incidents“Conviction”), child abuse, molestation or other crime involving endangerment of a minor, murder, or kidnapping. Supplier and Supplier’s employees or agents directly performing services Vendor will not allow that individual to act as Vendor Staff under the this Agreement cannot until Vendor determines whether that individual should be listed on any sex offender registry. Other convictions, such as misdemeanor assault, drug distribution activity, felony drug possession, and any other felony or crime involving moral turpitude may also render Supplier and Supplier’s employees or agents ineligible allowed to directly perform services under the Agreement, taking into consideration do so considering (ai) the nature and gravity of the offense(s)offense; (ii) the amount of time that lapsed since the offense; (iii) the rehabilitation efforts of the individual involved; and, (biv) the time that has passed since relevancy of the offense to the individual’s role in connection with this Agreement. A disqualifying offense is any Conviction (in any jurisdiction within or conduct and/or completion outside of the sentence, and (cUnited States of America) where the nature of the services being performedcriminal activity is such that a reasonable person would agree that the engagement would create a risk of injury, loss, or damage to any person or property (including that of Citizens, its employees, policyholders, and others). Supplier Vendor must disclose all felony Convictions to Citizens prior to allowing an individual to act as a Vendor Staff member under this Agreement. Vendor must also inform Citizens of Vendor’s reasoning for why the individual should be allowed to perform Services. Any individual whose criminal background check indicates, to Vendor or Citizens, conduct that demonstrates a lack of honesty or integrity, or otherwise demonstrates an inability to safely and Supplier’s employees or agents canreliably perform Services, will not be listed on any sex offender registry. Supplier agrees allowed to ensure any third party with whom Supplier engages to provide any part of services provided act as Vendor Staff under the Agreement agrees to the same restrictions, conditions, and requirements of this section in the same capacity as SupplierAgreement.

Appears in 1 contract

Samples: www.citizensfla.com

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