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3. TERM
<br />This Agreement shall commence one (1) month after completion of the
<br />Community Soccer Pitch at Cesar Chavez Campesino Park, but no later than June 30,
<br />2023, for a term of three (3) years, unless terminated earlier in accordance with the terms
<br />of this Agreement. The term of this Agreement may be extended for up to two (2) one-
<br />year periods upon a writing executed by the City Manager and City Attorney.
<br />4. COMPLIANCE WITH RULES AND REGULATIONS
<br />User shall use and occupy the Facilities in a safe and careful manner and shall
<br />comply with all applicable local, state, and federal laws in its use of and activities in the
<br />Facilities, including as to the conduct of its employees, agents, clients, customers, guests,
<br />and others using the Facilities by reason of this Agreement. User shall also comply with
<br />all rules and regulations of City in effect during its use of the Facilities. Failure to abide
<br />by such laws, rules, or regulations, or any condition of this Agreement, may result in the
<br />immediate termination of this Agreement in the sole discretion of the City.
<br />5. BACKGROUND CHECKS
<br />User shall ensure that all employees, subcontractors, and any volunteers are
<br />fingerprinted and background checked prior to conducting any work pursuant to this
<br />Agreement. User shall not assign any employee, agent, subcontractor, volunteer or the
<br />User personally to provide services pursuant to this Agreement, if that employee, agent,
<br />subcontractor, volunteer, or the User personally are required to register as a sex offender
<br />under California Penal Code Section 290 et seq, have a conviction for any crime of moral
<br />turpitude, have a conviction for a sexual based crime, have a conviction for a violent
<br />felony as defined in California Penal Code Section 667.5(c), or has a conviction for a
<br />serious felony as defined in. California Penal Code Section 1192.7(c). Disqualifying
<br />convictions include but are not limited to, violations of California Penal Code Sections
<br />37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211,
<br />212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5,
<br />262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288,
<br />288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10,
<br />311.11, 314, 347(a), 368, 417(b), 45l(a),518 with 186.22, 647.6, 653f(c), 664 and 187,
<br />667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and
<br />Professions Code Section 729.'
<br />6. INDEMNIFICATION
<br />User agrees to and shall indemnify, protect, defend, and hold harmless City, its
<br />officers, agents, employees, consultants, special counsel, and representatives from and
<br />against any and all claims, damages, judgments, attorney's fees, costs and expenses
<br />arising out of, involving, or in connection with the use of the Facilities or the acts or
<br />omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether
<br />or not such acts or omissions constitute permitted uses of the Facilities.
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