Supplemental_Background_Checks_Terms_and_Conditions.pdf

Supplemental Background Checks Terms & Conditions Rev. 02.2022

CRIMINAL BACKGROUND CHECKS AND ACCESS BADGES

TERMS AND CONDITIONS

For each individual performing any portion of the Work, which portion of the Work requires the individual to have (i) direct access to RTD’s critical information systems or confidential information, (ii) unaccompanied access to RTD secured facilities, or (iii) access to money or stored value cards, Contractor shall ensure that the individual (a) passes a criminal background check and (b) obtains an RTD access badge, each in accordance with the standards set forth in this Article. Contractor also shall ensure that the requirements in this Article are included in any subcontracts.

A. Criminal Background Check. Contractor shall ensure that all criminal background checks required by this Article are completed. In order to pass a criminal background check, the individual’s report shall not include any Disqualifying Offense, defined below. RTD believes all of the Disqualifying Offenses are job-related and consistent with business necessity for any individual performing any portion of the Work. If, after an individual review of (1) the nature and gravity of the offense, (2) the time that has passed since the offense and/or completion of the sentence, and (3) the nature of the job held or sought, the Contractor concludes that it would like to employ an individual to perform any portion of the Work in conflict with these standards, the Contractor shall so notify RTD in writing of the rationale for this conclusion at least three business days prior to scheduling the individual to obtain an RTD access badge or begin the Work.

The criminal background check shall, at a minimum, cover the previous seven years, and include the criminal record in the Colorado Bureau of Investigation database and shall be conducted by a licensed firm in accordance with applicable laws. Contractor shall maintain all records demonstrating the criminal background check results as confidential and, upon three business days’ notice, shall make such records available to the RTD Project Manager at any time during the Contract term.

“Disqualifying Offense” is any conviction in any jurisdiction of any of the following criminal offenses.

Permanently Disqualifying Criminal Offenses

� Espionage, Sedition, Treason;

� A federal crime of terrorism as defined in 18 U.S.C. 2332b(g);

� A crime involving a transportation security incident (A transportation security incident is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area, as defined in 46 U.S.C.

70101. The term “economic disruption” does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute.);

� Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law;

� Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device;

� Murder in the first or second degree and manslaughter;

� Assault with intent to murder;

� Kidnapping in the first or second degree or hostage-taking;

� Rape or aggravated sexual abuse;

� Endangering Public Transportation, C.R.S. 18-9-115;

� Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq. (“RICO”), or a comparable state law, where one of the predicate acts found by a jury or admitted by the defendant is one of the crimes listed above.

Seven-Year Disqualification (seven years from the date of conviction)

� Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon;

� Extortion;

� Dishonesty, fraud, or misrepresentation, including identity fraud (welfare fraud and passing bad checks do not constitute dishonesty, fraud or misrepresentation for purposes of this paragraph);

� Bribery;

� Smuggling;

� Immigration violations;

� Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq. (“RICO”), or a comparable state law, other than the violations of RICO listed above;

� Robbery;

� Distribution of, possession with intent to distribute, or importation of a controlled substance;

� Arson;

� Criminally negligent homicide and vehicular homicide;

� Assault in the first or second degree;

� False imprisonment;

� Enticement of a child or Internet luring of a child;

� Sexual assault, unlawful sexual contact, or sexual assault on a child;

� Burglary;

� Any offenses involving bribery or corrupt influences as a public servant.

� Violation of the Computer Fraud and Abuse Act, 18 USC § 1030 or Colo. Rev. Stat. §§ 18-

5.5-101 – 102.

Five-Year Disqualification (five years from the date of conviction)

� Reckless driving;

� Third-degree assault;

� Any driving offense involving the use of alcohol or drugs;

� Any violent crimes not listed above including but not limited to cruelty to animals;

� Any crimes involving theft, fraud or extortion not listed above;

� Any crimes involving sexual misconduct not listed above;

� Any crimes not listed above that are aggravated or involving domestic violence or exploiting minors;

� Any crimes involving firearms or weapons not listed above;

� Theft of public transportation services, C.R.S. § 18-4-802;

� Hindering transportation, C.R.S. § 18-9-114;

� Endangering public transportation, C.R.S. § 18-9-115 (misdemeanor conviction);

� Throwing missiles at vehicles, C.R.S. § 18-9-116;

� Any crimes involving alcohol or drugs not listed above.

B. RTD Access Badge. Contractor shall submit to the RTD Project Manager all requests for badges required by RTD’s Access Control procedures (“Access Badge”). Such requests shall include a certification that the individual has passed a criminal background check in accordance with this Article. Each individual performing Work must wear an Access Badge when present at any RTD secured facility. Contractor shall ensure that all Access Badges issued pursuant to the Contract are returned at the end of the Contract term. Contractor shall pay a replacement fee for any Access Badge that needs to be replaced.