Common use of Background and Security Investigations Clause in Contracts

Background and Security Investigations. 7.7.1 Each of Contractor’s staff performing work under this Contract who is in a designated sensitive position, as determined by the County in the County’s sole discretion, shall undergo and pass, to the satisfaction of the County, a background investigation as a condition of beginning and continuing to work under this Contract. Such background investigation must be obtained through fingerprints submitted to the California Department of Justice (“DOJ”) to include state, local, and federal level review which may include, but not limited to, criminal conviction information. At the County's sole and absolute discretion it may accept other completed background checks of equivalent scope as those done using Live Scans through the CA DOJ for non- California residents. Examples of disqualifying factors include, but are not limited to, bribery, robbery, theft, fraud, embezzlement, forgery, extortion and perjury, or possession, sale or attempt to sell a controlled substance, and possession, sale or attempt to sell stolen property, or any felony conviction or conviction of a misdemeanor involving moral turpitude, and job-related misdemeanor convictions. The fees associated with the background investigation shall be at the expense of the Contractor, regardless if the member of the Contractor’s staff passes or fails the background investigation. 7.7.2 A member of Contractor’s staff shall not begin to perform services under the Contract until he/she has successfully passed a background investigation to the satisfaction of the County. 7.7.3 During the Contract Term, if the County becomes aware of a subsequent disqualifying factor for a member of the Contractor’s staff, the County shall request that the member of the Contractor’s staff be immediately removed from performing services under the Contract. Contractor shall comply with County’s request. 7.7.4 The Contractor shall advise any Contractor staff member who did not pass the background investigation or who received a subsequent disqualifying factor to contact the County immediately to receive a copy of the Criminal Offender Record Information obtained from the DOJ through the County’s background investigation. 7.7.5 The County may request that Contractor’s staff be immediately removed from working on this Contract at any time during the Contract Term. 7.7.6 The County, in its sole discretion, may immediately deny or terminate facility access to any member of the Contractor’s staff that does not pass an investigation to the satisfaction of the County or whose background or conduct is incompatible with County facility access. 7.7.7 Disqualification of any member of the Contractor’s staff pursuant to this Section 7.7 shall not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this Contract.

Background and Security Investigations. 7.7.1 7.5.1 Background and security investigations of Contractor’s staff are required as a condition of beginning and continuing work under resulting Master Agreement. Contractor shall be responsible for the ongoing implementation and monitoring of Subparagraphs 7.5.1 through 7.5.8. 7.5.2 Each of Contractor’s staff performing work services under this Contract Master Agreement who is in a designated sensitive position, as determined by the County in the County’s 's sole discretion, shall undergo and pass, pass a background investigation to the satisfaction of the County, a background investigation County as a condition of beginning and continuing to work perform services under this ContractMaster Agreement. Such background investigation must be obtained through fingerprints submitted to the California Department of Justice (“DOJ”) to include stateState, local, and federal federal-level review review, which may include, but shall not be limited to, criminal conviction information. At the County's sole and absolute discretion it may accept other completed background checks of equivalent scope as those done using Live Scans through the CA DOJ for non- California residents. Examples of disqualifying factors include, but are not limited to, bribery, robbery, theft, fraud, embezzlement, forgery, extortion and perjury, or possession, sale or attempt to sell a controlled substance, and possession, sale or attempt to sell stolen property, or any felony conviction or conviction of a misdemeanor involving moral turpitude, and job-related misdemeanor convictions. The fees associated with the background investigation shall be at the expense of the Contractor, regardless if the member of the Contractor’s staff passes or fails the background investigation. 7.7.2 A 7.5.3 No personnel employed by the Contractor or Subcontractor for this service having access to Departmental information or records shall have a criminal conviction record or pending criminal trial unless such information has been fully disclosed to County and employment of the employee for this service is approved in writing by the County. 7.5.4 If a member of Contractor’s staff shall does not begin to perform services under pass the Contract until he/she has successfully passed a background investigation to the satisfaction of the County. 7.7.3 During the Contract Terminvestigation, if the County becomes aware of a subsequent disqualifying factor for a member of the Contractor’s staff, the County shall may request that the member of the Contractor’s staff be immediately removed from performing services under the Contract. Contractor shall comply with County’s request. 7.7.4 The Contractor shall advise Master Agreement at any Contractor staff member who did not pass time during the background investigation or who received a subsequent disqualifying factor to contact the County immediately to receive a copy term of the Criminal Offender Record Information Master Agreement. County will not provide to Contractor or to Contractor’s staff any information obtained from the DOJ through the County’s background investigation. 7.7.5 The County may request that Contractor’s staff be immediately removed from working on this Contract at any time during the Contract Term. 7.7.6 The 7.5.5 County, in its sole discretion, may immediately deny or terminate facility access to any member of the Contractor’s staff that does not pass an such investigation to the satisfaction of the County or whose background or conduct is incompatible with County facility access. 7.7.7 7.5.6 Disqualification of any member of the Contractor’s staff pursuant to this Section 7.7 Paragraph 7.5 shall not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this ContractMaster Agreement. 7.5.7 No Contractor or Subcontractor staff providing services under this Master Agreement shall be on active probation or parole. 7.5.8 Contractor or Subcontractor staff performing services under this Master Agreement shall be under a continuing obligation to disclose any prior or subsequent criminal conviction record or any pending criminal trial to the County.

Background and Security Investigations. 7.7.1 Each 7.6.1 Contractor shall perform a background investigation on its staff prior to submitting such staff as a candidate for a work assignment. The background investigation, which shall be performed at no cost to the County, shall include at a minimum:  Local felony and misdemeanor record check.  Social Security Number (SSN) Trace with documentation of Contractor’s current search with any alias names attached to the SSN and a historical list of residences with dates.  National Sex Offender Registry search. 7.6.2 Notwithstanding Sub-paragraph 7.6.1 above, all Contractor staff performing work under this Contract who is in a designated sensitive position, as determined by the County in the County’s sole discretion, Agreement shall undergo and pass, to the satisfaction of the County, a an additional background investigation as a condition of beginning and continuing to work under this ContractAgreement. Such background investigation must be obtained through fingerprints submitted to the California Department of Justice (“DOJ”) to include stateState, local, and federal federal-level review review, which may include, but shall not be limited to, criminal conviction information. At the County's sole and absolute discretion it may accept other completed background checks of equivalent scope as those done using Live Scans through the CA DOJ for non- California residents. Examples of disqualifying factors include, but are not limited to, bribery, robbery, theft, fraud, embezzlement, forgery, extortion and perjury, or possession, sale or attempt to sell a controlled substance, and possession, sale or attempt to sell stolen property, or any felony conviction or conviction of a misdemeanor involving moral turpitude, and job-related misdemeanor convictions. The fees associated with obtaining the background investigation information shall be at the expense of the Contractor, regardless if the member of the Contractor’s staff passes or fails the background clearance investigation. County shall perform the background check and xxxx Contractor for the cost or deduct such amount from funds owed by County to Contractor. 7.7.2 A member of Contractor’s staff shall not begin to perform services under the Contract until he/she has successfully passed a background investigation to the satisfaction of the County. 7.7.3 During the Contract Term, if the County becomes aware of a subsequent disqualifying factor for a member of the Contractor’s staff, the County shall request that the member of the Contractor’s staff be immediately removed from performing services under the Contract. Contractor shall comply with County’s request. 7.7.4 The Contractor shall advise any Contractor staff member who did not pass the background investigation or who received a subsequent disqualifying factor to contact the County immediately to receive a copy of the Criminal Offender Record Information obtained from the DOJ through the County’s background investigation. 7.7.5 The 7.6.3 County may request that the Contractor’s staff be immediately removed from working on this Contract the County Agreement at any time during the Contract Termterm of this Agreement. County will not provide to the Contractor nor to the Contractor’s staff any information obtained through the County conducted background clearance. 7.7.6 The 7.6.4 County may immediately, at the sole discretion of the County, in its sole discretion, may immediately deny or terminate facility Facility access to any member of the Contractor’s staff that does do not pass an investigation such investigation(s) to the satisfaction of the County or whose background or conduct is incompatible with County facility Facility access. 7.7.7 Disqualification of any member 7.6.5 Disqualification, if any, of the Contractor’s staff staff, pursuant to this Section 7.7 Sub-paragraph 7.6, shall not relieve the Contractor of its obligation to complete all work in accordance with the terms and conditions of this ContractAgreement.

Background and Security Investigations. 7.7.1 Each 7.6.1 Contractor shall perform a background investigation on its staff prior to submitting such staff as a candidate for a work assignment. The background investigation, which shall be performed at no cost to the County, shall include at a minimum: ▪ Local felony and misdemeanor record check. ▪ Social Security Number (SSN) Trace with documentation of Contractor’s current search with any alias names attached to the SSN and a historical list of residences with dates. ▪ National Sex Offender Registry search. 7.6.2 Notwithstanding Sub-paragraph 7.6.1 above, all Contractor staff performing work under this Contract who is in a designated sensitive position, as determined by the County in the County’s sole discretion, Agreement shall undergo and pass, to the satisfaction of the County, a an additional background investigation as a condition of beginning and continuing to work under this ContractAgreement. Such background investigation must be obtained through fingerprints submitted to the California Department of Justice (“DOJ”) to include stateState, local, and federal federal-level review review, which may include, but shall not be limited to, criminal conviction information. At the County's sole and absolute discretion it may accept other completed background checks of equivalent scope as those done using Live Scans through the CA DOJ for non- California residents. Examples of disqualifying factors include, but are not limited to, bribery, robbery, theft, fraud, embezzlement, forgery, extortion and perjury, or possession, sale or attempt to sell a controlled substance, and possession, sale or attempt to sell stolen property, or any felony conviction or conviction of a misdemeanor involving moral turpitude, and job-related misdemeanor convictions. The fees associated with obtaining the background investigation information shall be at the expense of the Contractor, regardless if the member of the Contractor’s staff passes or fails the background clearance investigation. County shall perform the background check and xxxx Contractor for the cost or deduct such amount from funds owed by County to Contractor. 7.7.2 A member of Contractor’s staff shall not begin to perform services under the Contract until he/she has successfully passed a background investigation to the satisfaction of the County. 7.7.3 During the Contract Term, if the County becomes aware of a subsequent disqualifying factor for a member of the Contractor’s staff, the County shall request that the member of the Contractor’s staff be immediately removed from performing services under the Contract. Contractor shall comply with County’s request. 7.7.4 The Contractor shall advise any Contractor staff member who did not pass the background investigation or who received a subsequent disqualifying factor to contact the County immediately to receive a copy of the Criminal Offender Record Information obtained from the DOJ through the County’s background investigation. 7.7.5 The 7.6.3 County may request that the Contractor’s staff be immediately removed from working on this Contract the County Agreement at any time during the Contract Termterm of this Agreement. County will not provide to the Contractor nor to the Contractor’s staff any information obtained through the County conducted background clearance. 7.7.6 The 7.6.4 County may immediately, at the sole discretion of the County, in its sole discretion, may immediately deny or terminate facility Facility access to any member of the Contractor’s staff that does do not pass an investigation such investigation(s) to the satisfaction of the County or whose background or conduct is incompatible with County facility Facility access. 7.7.7 Disqualification of any member 7.6.5 Disqualification, if any, of the Contractor’s staff staff, pursuant to this Section 7.7 Sub-paragraph 7.6, shall not relieve the Contractor of its obligation to complete all work in accordance with the terms and conditions of this ContractAgreement.