Common use of Reference and Background Checks Clause in Contracts

Reference and Background Checks. The Department has the right to require Contractor to conduct reference checks, background checks, and criminal history checks on Contractor Staff who are on-site at a Department facility or who may have access to sensitive information in providing the Services. The Department has the right to reject any proposed Staff as a result of information produced by checks or other sources of information. Contractor agrees that any Contractor employee, assistant, agent, or Subcontractor employee, agent or contractor performing work under this Contract may be required: (i) to pass a fingerprint-based background check in accordance with the Department requirements; and (ii) provide results of a criminal background investigation in the form of a letter of attestation. Contractor shall pay the costs of the background and fingerprint checks and investigations. Contractor shall comply with the Department instructions on submitting fingerprints and other information to the Department in order to complete these checks. Such an investigation as described above may include, but not be limited to, criminal history records checks. Contractor must provide proof that it performed the above-described checks upon request by the Department. Results of the checks and investigations and/or failure of Contractor to cooperate fully may be grounds for termination of this Contract. Failure of a Contractor employee, agent or Subcontractor employee, agent or contractor to cooperate with a background check will result in the Department’s rejection of such person and may result, in the Department’s discretion, in the immediate termination of the Contract.