Common use of Work Involving Security Concerns Clause in Contracts

Work Involving Security Concerns. Option A: If any employee or agent of the Consultant will perform work under circumstances that raise security concerns (such as entering private residences on Denver Water’s behalf, or performing work that gives access to critical facilities or operations or has the potential to cause serious damage to critical Denver Water facilities or operations, or to have access to any confidential, financial, customer, or security-related information maintained by Denver Water, proprietary computer programs or software, or servers): At least five (5) working days before assigning an employee or agent to perform duties under this Agreement that require the employee or agent to work under circumstances presenting security concerns or to have access to the Board’s sensitive information, proprietary computer programs, software or servers, the Consultant will submit the employee’s or agent’s name to the Board’s Representative and certify on the Board-provided Certification of Personnel Screening form that no more than one (1) year prior to the assignment it performed a background check on the employee or agent, including a review of criminal history, and determined that the employee or agent does not pose a risk to persons or property. Consultant’s determination should be based on guidance provided by the U.S. Equal Employment Opportunity Commission regarding the use of arrest and conviction history in employment decisions, which requires a weighing of (1) the nature and gravity of the offense or conduct, (2) the time that has passed since the offense, conduct or the employee’s completion of any sentence given as a result of the offense, and (3) the nature of the job held or sought. Background checks must include a Colorado Bureau of Investigation (CBI) Criminal History Check, and, if the employee or agent has lived outside the State of Colorado or the United States during the last five (5) years, a criminal history check from each state or country of residence. For employees or agents who will have access to the Board’s financial records and/or accounting processes, including purchasing, payables, receivables, and treasury or cash management, Consultant also will conduct a credit history check on the employee or agent and certify on the Board-provided Certification of Personnel Screening form that Consultant has determined that the employee or agent does not pose a risk to the Board. The Board reserves the right to direct the Consultant to assign another employee or agent, meeting the requirements of this paragraph, to perform the work if the Board has reason to believe that during the term of the Agreement the assigned employee or agent engaged in criminal activity or was involved in financial improprieties, to be determined by the Board in its sole discretion. Option B: As a precondition to entering this Agreement, the Consultant gave the Board consent to conduct a background check on the Consultant, including a Colorado Bureau of Investigation (CBI) Criminal History Check, and, if the Consultant has lived outside the State of Colorado or the United States during the last five (5) years, consent to obtain a criminal history check from each state or country of residence. If Consultant will have access to the Board’s financial records and/or accounting processes, including purchasing, payables, receivables, and treasury or cash management, Consultant also consented to a credit history check. The Board has reviewed and approved the results of the background check and, if applicable, the credit history check. The Board reserves the right to terminate this Agreement if it has reason to believe that during the term of the Agreement the Consultant engaged in criminal activity or was involved in financial improprieties, to be determined by the Board in its sole discretion.

Work Involving Security Concerns. Option A: If any employee or agent of the Consultant will perform work under circumstances that raise security concerns (such as entering private residences on Denver Water’s behalf, or performing work that gives access to critical facilities or operations or has the potential to cause serious damage to critical Denver Water facilities or operations, or to have access to any confidential, financial, customer, or security-related information maintained by Denver Water, proprietary computer programs or software, or servers): At least five (5) working days before assigning an employee or agent to perform duties under this Agreement that require the employee or agent to work under circumstances presenting security concerns or to have access to the Board’s sensitive information, proprietary computer programs, software or servers, the Consultant will submit the employee’s or agent’s name to the Board’s Representative and certify on the Board-provided Certification of Personnel Screening form that no more than one (1) year prior to the assignment it performed a background check on the employee or agent, including a review of criminal history, and determined that the employee or agent does not pose a risk to persons or property. Consultant’s determination should be based on guidance provided by the U.S. Equal Employment Opportunity Commission regarding the use of arrest and conviction history in employment decisions, which requires a weighing of (1) the nature and gravity of the offense or conduct, (2) the time that has passed since the offense, conduct or the employee’s completion of any sentence given as a result of the offense, and (3) the nature of the job held or sought. Background checks must include a Colorado Bureau of Investigation (CBI) Criminal History Check, and, if the employee or agent has lived outside the State of Colorado or the United States during the last five (5) years, a criminal history check from each state or country of residence. For employees or agents who will have access to the Board’s financial records and/or accounting processes, including purchasing, payables, receivables, and treasury or cash management, Consultant also will conduct a credit history check on the employee or agent and certify on the Board-provided Certification of Personnel Screening form that Consultant has determined that the employee or agent does not pose a risk to the Board. The Board reserves the right to direct the Consultant to assign another employee or agent, meeting the requirements of this paragraph, to perform the work if the Board has reason to believe that during the term of the Agreement the assigned employee or agent engaged in criminal activity or was involved in financial improprieties, to be determined by the Board in its sole discretion.. SAMPLE Option B: As a precondition to entering this Agreement, the Consultant gave the Board consent to conduct a background check on the Consultant, including a Colorado Bureau of Investigation (CBI) Criminal History Check, and, if the Consultant has lived outside the State of Colorado or the United States during the last five (5) years, consent to obtain a criminal history check from each state or country of residence. If Consultant will have access to the Board’s financial records and/or accounting processes, including purchasing, payables, receivables, and treasury or cash management, Consultant also consented to a credit history check. The Board has reviewed and approved the results of the background check and, if applicable, the credit history check. The Board reserves the right to terminate this Agreement if it has reason to believe that during the term of the Agreement the Consultant engaged in criminal activity or was involved in financial improprieties, to be determined by the Board in its sole discretion.

Work Involving Security Concerns. Option A: If any employee or agent of the Consultant Appraiser will perform work under circumstances that raise security concerns (such as entering private residences on Denver Water’s behalf, or performing work that gives access to critical facilities or operations or has the potential to cause serious damage to critical Denver Water facilities or operations, or to have access to any confidential, financial, customer, or security-security- related information maintained by Denver Water, proprietary computer programs or software, or servers): At least five (5) working days before assigning an employee or agent to perform duties under this Agreement that require the employee or agent to work under circumstances presenting security concerns or to have access to the Board’s sensitive information, proprietary computer programs, software or servers, the Consultant Appraiser will submit the employee’s or agent’s name to the Board’s Representative and certify on the Board-provided Certification of Personnel Screening form that no more than one (1) year prior to the assignment it performed a background check on the employee or agent, including a review of criminal history, and determined that the employee or agent does not pose a risk to persons or property. ConsultantAppraiser’s determination should be based on guidance provided by the U.S. Equal Employment Opportunity Commission regarding the use of arrest and conviction history in employment decisions, which requires a weighing of (1) the nature and gravity of the offense or conduct, (2) the time that has passed since the offense, conduct or the employee’s completion of any sentence given as a result of the offense, and (3) the nature of the job held or sought. Background checks must include a Colorado Bureau of Investigation (CBI) Criminal History Check, and, if the employee or agent has lived outside the State of Colorado or the United States during the last five (5) years, a criminal history check from each state or country of residence. For employees or agents who will have access to the Board’s financial records and/or accounting processes, including purchasing, payables, receivables, and treasury or cash management, Consultant Appraiser also will conduct a credit history check on the employee or agent and certify on the Board-provided Certification of Personnel Screening form that Consultant Appraiser has determined that the employee or agent does not pose a risk to the Board. The Board reserves the right to direct the Consultant Appraiser to assign another employee or agent, meeting the requirements of this paragraph, to perform the work if the Board has reason to believe that during the term of the Agreement the assigned employee or agent engaged in criminal activity or was involved in financial improprieties, to be determined by the Board in its sole discretion. Option B: As a precondition to entering this Agreement, the Consultant Appraiser gave the Board consent to conduct a background check on the ConsultantAppraiser, including a Colorado Bureau of Investigation (CBI) Criminal History Check, and, if the Consultant Appraiser has lived outside the State of Colorado or the United States during the last five (5) years, consent to obtain a criminal history check from each state or country of residence. If Consultant Appraiser will have access to the Board’s financial records and/or accounting processes, including purchasing, payables, receivables, and treasury or cash management, Consultant Appraiser also consented to a credit history check. The Board has reviewed and approved the results of the background check and, if applicable, the credit history check. The Board reserves the right to terminate this Agreement if it has reason to believe that during the term of the Agreement the Consultant Appraiser engaged in criminal activity or was involved in financial improprieties, to be determined by the Board in its sole discretion.