Golf Course Advisory Board Agenda and Packet 2015 01 12

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employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form of which shall be subject to prior and continuing approval of the City. 4.4.1 The Concessionaire agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Concessionaire that will be working on behalf of Concessionaire in providing services to the City under this Agreement. The Concessionaire and the City acknowledge and agree that certain services provided by Concessionaire will require that employees, volunteers, and other representatives or agents of Concessionaire act in positions of trust which are those positions that will entail as a regular part of duties the handling of and accounting for funds of the City and City property, or will entail the engagement in direct contact with youth and other members of the general public. Accordingly, Concessionaire agrees that all employees, volunteers, and other representatives or agents of the Concessionaire in such positions of trust shall be screened at Concessionaire's expense, by the City of Louisville's Human Resources Department and that the results of such background screening shall be reviewed and approved by the City prior to any such person's participation in the provision of services hereunder. The City will require the completion and execution of a disclosure /request, authorization and waiver form from all prospective employees, volunteers, or other representative or agent of the Concessionaire, which provides that the City may procure a criminal history report on the applicant as a part of the process of considering candidacy for said status. The City will provide all applicants a copy of a summary of their rights under the Fair Credit Reporting Act, and other forms and background check procedures as described in a writing established by the City. 4.4.2 The City, at its sole and absolute discretion, may provide assistance in completing the background investigation, including providing information from the completed disclosure form to an outside vendor for a confidential records check. Concessionaire acknowledges that in such event, by providing such assistance to Concessionaire, the City assumes no responsibility for the timeliness, accuracy or completeness of the background investigation, or for the direct or indirect consequences resulting from the same, and Concessionaire shall hold the City harmless for any injury or loss resulting therefrom, 4.4.3 In the event that a background check, or any other information available to the Concessionaire or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement, or in a manner that would permit contact by that person with the funds, equipment, property associated with the provision of services hereunder, or persons participating in programs or services provided under this Agreement. 4.4.4 Upon receipt of written notice from the City of any reasonable objection from the City concerning trustworthiness , fitness for provision of services under this Agreement, competence 4 17