Common use of Covenants of the Contractor Clause in Contracts

Covenants of the Contractor. 4.1 CONTRACTOR’S EMPLOYEES, AGENTS, AND CONTRACTORS 4.1.1 No officer, agent or employee of the Contractor, and no independent contractor engaged by the Contractor to perform work under this Agreement, are either employees of the Corporation, NYC Health + Hospitals or the City and none are under contract to either the Corporation, NYC Health + Hospitals or the City. The Contractor alone is responsible for their work, direction, compensation and personal conduct while performing pursuant to this Agreement. Neither the Corporation nor NYC Health + Hospitals nor the City shall be responsible for: (a) the acts, omissions, liabilities or obligations of the Contractor or any person, firm or entity engaged by the Contractor; or (b) taxes of any nature. 4.1.2 Prior to assigning any employee, agent or independent contractor to work at a Corporation site, the Contractor shall conduct a criminal history background check (a “Background Check”) on such person covering the three years prior to such proposed assignment. A Background Check must include, for residents of the State, a criminal history record search of the State Office of Court Administration’s records for all 62 State counties. In addition, the Contractor shall conduct a Background Check through the records for any other state in which the person resided in the last three years. The Corporation may require the Contractor to perform a more extensive Background Check on workers who will have direct contact with mentally ill or minor patients, provide nursing home or home health care services or in certain other situations. The Contractor shall also comply with all applicable federal, state or local statutes or regulations requiring Background Checks. After reviewing an individual’s Background Check report, the Contractor shall provide a written, signed certification to the Corporation stating that there is nothing in such person’s background that would render him or her unsuitable to work in a health care setting or at a Corporation administrative office. The Contractor shall maintain the Background Check reports for six years. The Corporation may audit the Contractor’s records to verify compliance with this Section.