Common use of Staff Background/Criminal Record Checks Clause in Contracts

Staff Background/Criminal Record Checks. a. The Contractors’ staff assigned to this Contract shall be subject, at the Department’s discretion and expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. This background check will be conducted by the Department and may occur or re- occur at any time during the Contract period. The Department has full discretion to require the Contractor to disqualify, prevent, or remove any staff from any work under the Contract. The Department is under no obligation to inform the Contractor of the records check findings or the criteria for disqualification or removal. In order to carry out this records check, the Contractor shall provide, prior to commencing services upon institution property, the following data for any individual Contractor or subcontractor’s staff assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver’s License Number and State of Issue. If requested, the Contractor’s staff shall submit to fingerprinting by the Department of Corrections for submission to the Federal Bureau of Investigation (FBI). The Contractor shall not consider new employees to be on permanent status until a favorable report is received by the Department from the FBI. b. The Contractor shall ensure that the Contract Manager or designee is provided the information needed to have the NCIC/FCIC background check conducted prior to any new Contractor staff being hired or assigned to work under the contract. The Contractor shall not offer employment to any individual or assign any individual to work under the contract, who has not had an NCIC/FCIC background check conducted. c. No person who has been barred from any Department institution or other facility shall provide services under this Contract. d. The Contractor shall not permit any individual to provide services under this Contract who is under supervision or jurisdiction of any parole, probation or correctional authority. Persons under any such supervision may work for other elements of the Contractor’s agency that are independent of the contracted services. Note that a felony or first-degree misdemeanor conviction, a plea of guilty or nolo contendere to a felony or first-degree misdemeanor crime, or adjudication of guilt withheld to a felony or first-degree misdemeanor crime does not automatically bar the Contractor from hiring the proposed employee. However, the Department reserves the right to prior approval in such cases. Generally, two (2) years with no criminal history is preferred. The Contractor shall make full written report to the Contract Manager within three (3) calendar days whenever an employee has a criminal charge filed against them, or an arrest, or receives a Notice to Appear for violation of any criminal law involving a misdemeanor, or felony, or ordinance (except minor violations for which the fine or bond forfeiture is two hundred dollars ($200) or less) or when Contractor or Contractor’s staff has knowledge of any violation of the laws, rules, directives or procedures of the Department

Staff Background/Criminal Record Checks. a. The Contractors’ Contractor’s staff assigned to this Contract shall be subjectproject may, at the DepartmentCounty’s discretion and expenseoption, be subject to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. This background check will may be conducted by the Department County and may occur or re- re-occur at any time during the Contract Agreement period. The Department has full discretion to require the Contractor to disqualify, prevent, or remove any staff from any work under the Contract. The Department is under no obligation to inform the Contractor of the records check findings or the criteria for disqualification or removal. In order to carry out this records background check, upon request, the Contractor shall provide, prior to commencing services upon institution property, provide the County with the following data for any individual Contractor or subcontractor’s staff assigned to the Contractprovide services under this Agreement: Full Name, Race, GenderSex, Date of Birth, Social Security Number, Driver’s License Number and State of Issue. The County may review the submitted proposed employee information and make a determination within five (5) business days. If requested, the Contractor’s staff Contractor shall also submit to fingerprinting for submission by the Department of Corrections for submission County to the Federal Bureau of Investigation (FBI). The Contractor shall not consider ) for all temporarily approved new employees to be on permanent status until a favorable report is received by the Department from the FBIhires. b. The Contractor shall ensure that the Contract Manager or designee is provided the information needed to have the NCIC/FCIC background check conducted prior to any new Contractor staff being hired or assigned to work under the contract. The Contractor shall not offer employment to any individual or assign any individual to work under the contract, who has not had an NCIC/FCIC background check conducted. c. No person who has been barred from any Department institution County work release center or other facility shall provide services under this ContractAgreement. c. The County has full discretion to require the Contractor to reasonably disqualify, prevent, or remove any staff from any work under this Agreement. The County is under no obligation to inform the Contractor of background check findings or criteria for disqualifications or removal. d. The Contractor shall not permit employ any individual to provide services under this Contract Agreement who is under supervision or jurisdiction of any parole, probation or correctional authority. Persons under any such supervision may work for other elements of the ContractorContactor’s agency that are independent of the contracted servicesservice to be provided under this Agreement. The objective of this provision is to ensure that no employee of the Contactor, under any such legal constraints, has contact with or access to any records of the County. e. The Contractor shall immediately report to the County of any new arrest, criminal charges or convictions and any active felony or misdemeanor supervision of any current employee performing services under this Agreement. f. The Contractor shall screen all prospective employees through referral and employment checks. The Contractor shall require that all prospective employees provide the details of any of the following criminal background information: 1. Conviction for a felony or Class A misdemeanor. 2. Xxxx of nolo contendere or plea of guilty to a crime that is a felony or Class A misdemeanor. 3. An adjudication of guilt withheld to a crime that is a felony or Class A misdemeanor. 4. Current pending charges for a for a felony or Class A misdemeanor. g. Note that a felony or first-degree Class A misdemeanor conviction, a plea of guilty or nolo contendere to a felony or first-degree Class A misdemeanor crime, or adjudication of guilt withheld to a felony or first-degree Class A misdemeanor crime does not automatically bar the Contractor from hiring the proposed employee. However, the Department County reserves the right to prior approval in such cases. Generally, two (2) years with no criminal history is preferred. The Contractor shall make full written report to the Contract Manager County within three (3) calendar days whenever an employee has a criminal charge filed against them, or an arrest, or receives a Notice to Appear for violation of any criminal law involving a misdemeanor, or felony, or ordinance (except minor violations for which the penalty is a fine or bond forfeiture is two hundred dollars ($200) or lessonly and no jail time can be assessed) or when Contractor or Contractor’s staff has knowledge of any violation of the laws, rules, directives or procedures of the DepartmentCounty.