Common use of Criminal Record and Background Check/Hiring Clause in Contracts

Criminal Record and Background Check/Hiring. (i) The Contractor shall cause to be performed a criminal record and background check for every prospective new or rehired employee that will perform any Service under this Agreement. For existing employees hired to perform services for other Contractor clients and not for the City, the Contractor shall cause to be performed a criminal record and background check for the existing employee prior to the employee’s performance of any Service for the City under this Agreement. All such checks shall be performed by one or more commercially available professional background investigation agencies. The Contractor shall obtain and retain a written background check report performed in accordance with this Agreement. (ii) The Contractor shall not extend an offer of employment to any prospective employee, or assign any Services for the City to an existing employee, for which the background report indicates such employee is or was a registered sex offender in Colorado or another state or which report indicates that the prospective employee was convicted or pled no contest to a charge of obscenity, prostitution or child prostitution (including solicitation, pandering, procurement, pimping, inducement, or patronizing), public indecency, distribution of materials harmful to children, bribery of a public official, abuse of public office, or unlawful sexual behavior (as defined by article 3 of Title 18, C.R.S.). (iii) The Contractor shall not extend an offer of employment to any prospective employee or assign Services to an existing employee for which a background report indicates the prospective employee or employee was convicted or pled no contest to a felony within the ten (10) years prior to the prospective date of commencement of employment with the Contractor unless the City Manager has consented in writing to the Contractor’s employment of the prospective employee or assignment of Services to an existing employee. The City Manager shall respond in writing to the Contractor within not more than five (5) business days of the Manager’s receipt of the Contractor’s request for consent. The City Manager’s consent shall not be unreasonably withheld provided that the City Manager may withhold consent where the Manager finds that the employment of the employee and the felony offense, and/or the circumstances surrounding such offense, may subject the City to public criticism. (iv) If, subsequent to the assignment of an employee to perform Services, the Contractor learns that the employee was convicted or pled no contest to a charge of obscenity, prostitution or child prostitution (including solicitation, pandering, procurement, pimping, inducement, or patronizing), public indecency, distribution of materials harmful to children, bribery of a public official, abuse of public office, or unlawful sexual behavior (as defined by article 3 of Title 18, C.R.S.), the Contractor shall promptly remove the employee from performing Services for the City. (v) If, subsequent to the assignment an employee to perform Services, the Contractor obtains knowledge that an employee was convicted or pled no contest to a felony within the ten

Criminal Record and Background Check/Hiring. (i) The Contractor Consultant shall cause to be performed a criminal record and background check for every prospective new or rehired employee that will perform any Service under this Agreement. For existing employees hired to perform services for other Contractor the Consultant clients and not for the CityTown, the Contractor Consultant shall cause to be performed a criminal record and background check for the existing employee prior to the employee’s performance of any Service for the City Town under this Agreement. No employee of the Consultant shall be issued a temporary key and/or access card to Town facilities until such employee has undergone a satisfactory criminal record and background check. All such checks shall be performed by one or more commercially available professional background investigation agenciesagencies and shall extend back a minimum of five years prior to the commencement of Services. The Contractor Consultant shall obtain and retain a written background check report performed in accordance with this AgreementAgreement and the Consultant shall provide such report to the Director upon written request of the Director. (ii) 4.9.1 The Contractor Consultant shall not extend an offer of employment to any prospective employee, or assign any Services for the City Town to an existing employee, for which the background report indicates such employee is or was a registered sex offender in Colorado or another state or which report indicates that the prospective employee was convicted or pled no contest to a charge of obscenity, prostitution or child prostitution (including solicitation, pandering, procurement, pimping, inducement, or patronizing), public indecency, distribution of materials harmful to children, bribery of a public official, abuse of public office, or unlawful sexual behavior (as defined by article 3 of Title 18, C.R.S.). (iii) 4.9.2 The Contractor Consultant shall not extend an offer of employment to any prospective employee or assign Services to an existing employee for which a background report indicates the prospective employee or employee was convicted or pled no contest to a felony within the ten (10) years prior to the prospective date of commencement of employment with the Contractor Consultant unless the City Manager Town Administrator has consented in writing to the ContractorConsultant’s employment of the prospective employee or assignment of Services to an existing employee. The City Manager Town Administrator shall respond in writing to the Contractor Consultant within not more than five (5) business days of the Manager’s receipt of the ContractorConsultant’s request for consent. The City ManagerTown Administrator’s consent shall not be unreasonably withheld provided that the City Manager Town Administrator may withhold consent where the Manager finds that the employment of the employee and the felony offense, and/or the circumstances surrounding such offense, may subject the City Town to public criticism. (iv) 4.9.3 If, subsequent to the assignment of an employee to perform Services, the Contractor Consultant learns that the employee was convicted or pled no contest to a charge of obscenity, prostitution or child prostitution (including solicitation, pandering, procurement, pimping, inducement, or patronizing), public indecency, distribution of materials harmful to children, bribery of a public official, abuse of public office, or unlawful sexual behavior (as defined by article 3 of Title 18, C.R.S.), the Contractor Consultant shall promptly remove the employee from performing Services for the CityTown. (v) 4.9.4 If, subsequent to the assignment an employee to perform Services, the Contractor Consultant obtains knowledge that an employee was convicted or pled no contest to a felony within the tenten (10) years prior to the date of such knowledge by the Consultant, the Consultant shall notify the Town Administrator in writing of such knowledge and request that the Town Administrator consent in writing to the employee’s continued performance of Services for the Town. The Town Administrator shall respond in writing to the Consultant within not more than five (5) business days of the Manager’s receipt of the Consultant’s request for consent. The Town Administrator’s consent shall not be unreasonably withheld provided that the Town Administrator may withhold consent where the Manager finds that the continued Services to the Town by the employee and the felony offense, and/or the circumstances surrounding such offense, may subject the Town to public criticism.

Criminal Record and Background Check/Hiring. (i) The Contractor shall cause to be performed a criminal record and background check for every prospective new or rehired employee that will perform any Service under this Agreement. For existing employees hired to perform services for other Contractor clients and not for the City, the Contractor shall cause to be performed a criminal record and background check for the existing employee prior to the employee’s performance of any Service for the City under this Agreement. All such checks shall be performed by one or more commercially available professional background investigation agencies. The Contractor shall obtain and retain a written background check report performed in accordance with this Agreement. (ii) The Contractor shall not extend an offer of employment to any prospective employee, or assign any Services for the City to an existing employee, for which the background report indicates such employee is or was a registered sex offender in Colorado or another state or which report indicates that the prospective employee was convicted or pled no contest to a charge of obscenity, prostitution or child prostitution (including solicitation, pandering, procurement, pimping, inducement, or patronizing), public indecency, distribution of materials harmful to children, bribery of a public official, abuse of public office, or unlawful sexual behavior (as defined by article 3 of Title 18, C.R.S.). (iii) The Contractor shall not extend an offer of employment to any prospective employee or assign Services to an existing employee for which a background report indicates the prospective employee or employee was convicted or pled no contest to a felony within the ten (10) years prior to the prospective date of commencement of employment with the Contractor unless the City Manager has consented in writing to the Contractor’s employment of the prospective employee or assignment of Services to an existing employee. The City Manager shall respond in writing to the Contractor within not more than five (5) business days of the Manager’s receipt of the Contractor’s request for consent. The City Manager’s consent shall not be unreasonably withheld provided that the City Manager may withhold consent where the Manager finds that the employment of the employee and the felony offense, and/or the circumstances surrounding such offense, may subject the City to public criticism. (iv) If, subsequent to the assignment of an employee to perform Services, the Contractor learns that the employee was convicted or pled no contest to a charge of obscenity, prostitution or child prostitution (including solicitation, pandering, procurement, pimping, inducement, or patronizing), public indecency, distribution of materials harmful to children, bribery of a public official, abuse of public office, or unlawful sexual behavior (as defined by article 3 of Title 18, C.R.S.), the Contractor shall promptly remove the employee from performing Services for the City. (v) If, subsequent to the assignment an employee to perform Services, the Contractor obtains knowledge that an employee was convicted or pled no contest to a felony within the tenten (10) years prior to the date of such knowledge by the Contractor, the Contractor shall notify the City Manager in writing of such knowledge and request that the City Manager consent in writing to the employee’s continued performance of Services for the City. The City Manager shall respond in writing to the Contractor within not more than five (5) business days of the Manager’s receipt of the Contractor’s request for consent. The City Manager’s consent shall not be unreasonably withheld provided that the City Manager may withhold consent where the City Manager finds that the continued Services to the City by the employee and the felony offense, and/or the circumstances surrounding such offense, may subject the City to public criticism.