Common use of Licensor Access to Secure State Facilities and Confidential Information Clause in Contracts

Licensor Access to Secure State Facilities and Confidential Information. An employee of Licensor or a subcontractor is required to complete a Federal Criminal Background Check, in accordance with Montana's security policies, if said employee of Licensor or a subcontractor will have Access to Secure State Facilities and Confidential Information. Licensor shall provide the State with sufficient personal information (at Licensor’s own expense) so that a Federal Criminal Background Check may be completed by the State, at the State’s expense. The State will also provide Licensor with a disclosure form and confidentiality agreement which must be filled out by Licensor and returned to the State. Each employee of Licensor or a subcontractor, who will have Access to Secure State Facilities and Confidential Information, will be scheduled by the State to be fingerprinted, at a minimum of two weeks prior to having such access. At the time of fingerprinting, said employee of Licensor or a subcontractor will disclose, in full, any past record of felony or misdemeanor convictions. The State is authorized to conduct a Federal Criminal Background Check based upon the fingerprints and personal information provided. The State reserves the right to revoke Access to Secure State Facilities and Confidential Information granted in the event of any negative results. Licensor agrees to notify the State if an arrest or conviction of any employee of Licensor or a subcontractor that has Access to Secure State Facilities and Confidential Information occurs during the term of this Agreement or the Maintenance Period. Licensor, in executing any duty or exercising any right under this Agreement, shall not cause or permit any of its employees or employees of a subcontractor (if any) who have been convicted of a felony to have Access to Secure State Facilities and Confidential Information. Licensor shall obtain permission from the State prior to causing or permitting any employee or employee of a subcontractor who has been convicted of a misdemeanor to have Access to Secure State Facilities and Confidential Information. A felony and misdemeanor are defined by the laws of the State of Montana, regardless of where the conviction occurred. Upon request, the State agrees to provide Licensor with a copy of the latest version of the State of Montana's security policies. For purposes of this Schedule D, a Federal Criminal Background Check is a background check conducted via the interstate identification index system, which is the cooperative federal-state system for the exchange of criminal history records and which includes the national identification index, the national fingerprint file, and to the extent of their participation in the system, the criminal history record repositories of the states and the Federal Bureau of Investigation. Files shall be maintained regarding these investigations. The State will review these background investigations to ensure compliance and appropriateness of hire or access. The State may use the following factors in determining acceptability of hire or Unescorted Access: Prior criminal record Type of prior criminal convictions Time elapsed between prior convictions and the present Employment history Patterns of residency Any other reasonably relevant information Failure of Licensor to promptly reassign or otherwise establish an acceptable security clearance for any of its employees shall be grounds for termination of this Agreement for cause according to the agreement between Licensor and the State. The State shall have the final discretion for the determination of acceptability and reserves the right to reduce access to Escorted Access when appropriate or revoke Access to Secure State Facilities and Confidential Information. Licensor will be given a reasonable opportunity to rebut an unfavorable security report for any of its employees. Licensor must supply experienced supervisors. The supervisor will be responsible for instructing and training Licensor personnel in proper and specified work methods and procedures. This supervisor will direct, schedule and coordinate all services and functions to completely accomplish the work as required by the Agreement and as specified herein. The supervisor will inspect the work on a monthly basis and before completion or acceptance of the Licensor's services. Licensor or a competent representative will be available Monday through Friday of each week to receive information, instruction, or complaints regarding Licensor's services.