Common use of Contractor Staff Clause in Contracts

Contractor Staff. “Contractor Staff” includes all agents, employees, officers, partners, and subcontractors of the Contractor who shall perform services under the Contract or have access to "NYS Confidential Information," as this term is defined. All Contractor Staff performing work under the Contract must meet or exceed the technical and training qualifications set forth in the solicitation and resulting contract, must comply with all security and administrative requirements of ITS, must adhere to all applicable State policies and procedures communicated to the Contractor, must possess the necessary qualifications, training, licenses, and permits as may be required within the jurisdiction where the services specified are to be provided or performed, and shall be legally entitled to work in such jurisdiction. All persons, corporations, or other legal entities that perform services under the Contract on behalf of Contractor shall, in performing the services, comply with all applicable Federal and State laws concerning employment in the United States. Contractor Staff may be required to execute a Nondisclosure Agreement, either before or upon arrival for work at a NYS Facility or, if in ITS’s sole discretion, the Contractor’s Staff will otherwise have access to critical State Networks, equipment, data, or information. ITS, in its sole discretion, may require the Contractor to remove from interaction with the State, or may refuse access to State systems and NYS Facilities or require removal from any NYS Facility any Contractor Staff performing work under the Contract that ITS determines poses a security risk, has a work performance that ITS finds inadequate or unacceptable, or otherwise fails to meet ITS business requirements or expectations. The Contractor shall not assign the person to any aspect of the Contract or future work orders without ITS' consent. Such action by ITS shall not relieve the Contractor of the obligation to perform all work in compliance with the Contract terms. For reasons of safety and public policy, the use of illegal drugs and/or alcoholic beverages by the Contractor or its agents, employees, partners or Subcontractors shall not be permitted while performing any phase of the technical support services for ITS under the Contract. The State shall not be liable for any expense incurred by the Contractor or its agents, employees, partners or Subcontractors for any parking or towing fees or as a consequence of any traffic infraction or parking violations attributable to Contractor or its agents, employees, partners or Subcontractors.

Appears in 3 contracts

Samples: its.ny.gov, its.ny.gov, its.ny.gov

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Contractor Staff. This section shall supplement Section 42 of Appendix B to Contract PM67350. For purposes of this section “Contractor Staff” includes all officers, agents, employees, officers, partners, employees and subcontractors of the Contractor who shall perform services Services under the this Contract or have access to "NYS Confidential Information," as this term is definedAuthorized User Data. All Contractor Staff performing work under the Contract must meet or exceed the technical and training qualifications set forth in the solicitation and resulting contract, must comply with all security and administrative requirements of ITS, must adhere to all applicable State policies and procedures communicated to the Contractor, must shall possess the necessary qualifications, training, licenses, and permits as may be required within the jurisdiction where the services Services specified are to be provided or performed, performed and shall be legally entitled to work in such jurisdiction. All persons, corporations, or other legal entities that perform services Services under the Contract on behalf of Contractor shall, in performing the servicesServices, comply with all applicable Federal Federal, State and State local laws concerning employment in the United States. All Contractor Staff shall, prior to the commencement of any Services on the project, whether on or off site, comply with all onboarding and security clearance requirements of the Authorized User, including any Public Safety agencies, and the Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Security Policy xxxx://xxx.xxx.xxx/about-us/cjis/cjis-security-policy-resource-center) The Authorized User shall make all suitability determinations on Contractor Staff. For purposes of this Section, a “suitability determination” is a determination that there are reasonable grounds to believe that an individual will likely be able to perform the Authorized User Agreement requirements without undue risk to the interests of the State or the Authorized User. Failure of a security clearance or non-compliance with this Section will disqualify any Contractor Staff, from performing any Services on this Project. All expenses, including travel and lodging, associated with the onboarding and security clearance process including fingerprinting of Contractor Staff are the responsibility of the Contractor and are not reimbursable. If Contractor Staff are removed from providing services under the Authorized User Agreement, they may be required subject to execute a Nondisclosure all onboarding and security clearance requirements if they are returned to performing Services under the Authorized User Agreement. All Contractor Staff are also responsible for complying with all CJIS Policy requirements related to personnel including but not limited to Personnel Security and Security Awareness Training. All expenses, either before or upon arrival for work at a NYS Facility or, if in ITS’s sole discretion, including travel and lodging associated with compliance of Contractor Staff to the Contractor’s Staff will otherwise have access to critical State Networks, equipment, data, or information. ITS, in its sole discretion, may require CJIS Policy are the responsibility of the Contractor to remove from interaction with the State, or may refuse access to State systems and NYS Facilities or require removal from any NYS Facility any Contractor Staff performing work under the Contract that ITS determines poses a security risk, has a work performance that ITS finds inadequate or unacceptable, or otherwise fails to meet ITS business requirements or expectations. The Contractor shall are not assign the person to any aspect of the Contract or future work orders without ITS' consent. Such action by ITS shall not relieve the Contractor of the obligation to perform all work in compliance with the Contract terms. For reasons of safety and public policy, the use of illegal drugs and/or alcoholic beverages by the Contractor or its agents, employees, partners or Subcontractors shall not be permitted while performing any phase of the technical support services for ITS under the Contract. The State shall not be liable for any expense incurred by the Contractor or its agents, employees, partners or Subcontractors for any parking or towing fees or as a consequence of any traffic infraction or parking violations attributable to Contractor or its agents, employees, partners or Subcontractorsreimbursable.

Appears in 1 contract

Samples: Aggregate Agreement

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