Common use of Disqualifying Offenses Clause in Contracts

Disqualifying Offenses. If at any time it is determined that a Person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with access to State of Florida Data or directly performing services under the Contract. The disqualifying offenses are: 1) Computer related or information technology crimes; 2) Fraudulent practices, false pretenses and frauds, and credit card crimes; 3) Forgery and counterfeiting; 4) Violations involving checks and drafts; 5) Misuse of medical or personnel records; or 6) Felony theft. If the Contractor finds a Disqualifying Offense for a Person within the last six years from the date of the court’s disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have access to State of Florida Data. The Contractor will consider the following factors only in making the determination: i.) nature and gravity of the offense, ii.) the amount of time that has elapsed since the offense, iii.) the rehabilitation efforts of the person, and iv.) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed access to State of Florida Data, then Contractor shall maintain all criminal background screening information and the rationale for such access in the Person’s employment file.

Appears in 8 contracts

Samples: Agency Term Contract, Agency Term Contract, Agency Term Contract

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Disqualifying Offenses. If at any time it is determined that a Person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with access Access to State of Florida Data or directly performing services Services under the Contract. The disqualifying offenses are: 1) : • Computer related or information technology crimes; 2) crimes • Fraudulent practices, false pretenses and frauds, and credit card crimes; 3) crimes • Forgery and counterfeiting; 4) counterfeiting • Violations involving checks and drafts; 5) drafts • Misuse of medical or personnel records; or 6) records • Felony theft. theft If the Contractor finds a Disqualifying Offense for a Person within the last six (6) years from the date of the court’s disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services Services under the Contract or have access Access to State of Florida Data. The Contractor will consider the following factors only in making the determination: i.) nature and gravity of the offense, ii.) the amount of time that has elapsed lapsed since the offense, iii.) the rehabilitation efforts of the person, person and iv.) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed access Access to State of Florida Data, then Contractor shall maintain all criminal background screening information and the rationale for such access Access in the Person’s employment file.

Appears in 1 contract

Samples: Group Dental Insurance Contract

Disqualifying Offenses. If at any time it is determined that a Person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor Vendor is required to immediately remove that Person from any position with access Access to State of Florida Data or directly performing services Services under the Contract; however, Vendor may allow the Person to Access State of Florida Data after completing the Individualized Assessment described below. The disqualifying offenses Disqualifying Offenses are: 1) : • Computer related or information technology crimes; 2) crimes • Fraudulent practices, false pretenses and frauds, and credit card crimes; 3) crimes • Forgery and counterfeiting; 4) counterfeiting • Violations involving checks and drafts; 5) drafts • Misuse of medical or personnel records; or 6) records • Felony theft. theft If the Contractor finds Vendor has knowledge of a Disqualifying Offense for a Person within the last six (6) years from the date of the court’s disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have access Access to State of Florida Data. The Contractor Vendor will consider the following factors only in making the determination: i.) nature and gravity of the offense, ii.) the amount of time that has elapsed lapsed since the offense, iii.) the rehabilitation efforts of the person, Person and iv.) relevancy of the offense to the job duties of the PersonPerson (collectively, “Individualized Assessment”). If the Contractor Vendor determines that the Person should be allowed access Access to State of Florida Data, then Contractor Vendor shall maintain all criminal background screening information and the rationale for such access in the Person’s employment fileAccess.

Appears in 1 contract

Samples: Contract No.: DMS 14/15 018

Disqualifying Offenses. If at any time it is determined that a Person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with access to State of Florida Data or directly performing services under the Contract. The disqualifying offenses are: 1) : • Computer related or information crimes; • Information technology crimes; 2) ; • Fraudulent practices, false pretenses and frauds, and credit ; • False pretenses; • Frauds; • Credit card crimes; 3) Forgery and counterfeiting; 4) crimes • Forgery; • Counterfeiting; • Violations involving checks and drafts; 5) ; • Misuse of medical or personnel records; or 6) and • Felony theft. theft If the Contractor finds a Disqualifying Offense for a Person within the last six years from the date of the court’s disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have access to State of Florida Data. The Contractor will consider the following factors only in making the determination: i.) nature and gravity of the offense, ii.) the amount of time that has elapsed lapsed since the offense, iii.) the rehabilitation efforts of the person, person and iv.) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed access to State of Florida Data, then Contractor shall maintain all criminal background screening information and the rationale for such access in the Person’s employment file. The Contractor will promptly notify the Department of any determinations made pursuant to this subsection.

Appears in 1 contract

Samples: Telecommunications

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Disqualifying Offenses. If at any time it is determined that a Person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with access to State of Florida Data or directly performing services under the Contract. The disqualifying offenses are: 1) : c Computer related or information technology crimes; 2) crimes c Fraudulent practices, false pretenses and frauds, and credit card crimes; 3) crimes c Forgery and counterfeiting; 4) counterfeiting c Violations involving checks and drafts; 5) drafts c Misuse of medical or personnel records; or 6) records c Felony theft. theft If the Contractor finds a Disqualifying Offense for a Person within the last six (6) years from the date of the court’s disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have access to State of Florida Data. The Contractor will consider the following factors only in making the determination: i.) nature and gravity of the offense, ii.) the amount of time that has elapsed lapsed since the offense, iii.) the rehabilitation efforts of the person, person and iv.) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed access to State of Florida Data, then Contractor shall maintain all criminal background screening information and the rationale for such access in the Person’s employment file.

Appears in 1 contract

Samples: Cultural Resource Management Consultant Services

Disqualifying Offenses. If at any time it is determined that a Person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with access to State of Florida Data or directly performing services under the Contract. The disqualifying offenses are: 1) : Computer related or information technology crimes; 2) crimes Fraudulent practices, false pretenses and frauds, and credit card crimes; 3) crimes Forgery and counterfeiting; 4) counterfeiting Violations involving checks and drafts; 5) drafts Misuse of medical or personnel records; or 6) records Felony theft. theft If the Contractor finds a Disqualifying Offense for a Person within the last six (6) years from the date of the court’s disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have access to State of Florida Data. The Contractor will consider the following factors only in making the determination: i.) nature and gravity of the offense, ii.) the amount of time that has elapsed lapsed since the offense, iii.) the rehabilitation efforts of the person, person and iv.) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed access to State of Florida Data, then Contractor shall maintain all criminal background screening information and the rationale for such access in the Person’s employment file.

Appears in 1 contract

Samples: Professional Services

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