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9. CONFLICT OF INTEREST <br /> Provider covenants that it presently has no interests and shall not have interests, direct or <br /> indirect, which would conflict in any manner with performance of services specified under this <br /> Agreement. <br /> 10. BACKGROUND CHECK <br /> Provider shall ensure that all employees, subcontractors, and any volunteers are <br /> fingerprinted and background checked prior to conducting any work pursuant to this Agreement. <br /> Provider shall not assign any employee, agent, subcontractor,volunteer or the Provider personally <br /> to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, <br /> or the Provider personally are required to register as a sex offender under California Penal Code <br /> Section 290 et seq, have a conviction for any crime of moral turpitude, have a conviction for a <br /> sexual based crime, have a conviction for a violent felony as defined in California Penal Code <br /> Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code <br /> Section 1192.7(c).Disqualifying convictions include but are not limited to,violations of California <br /> Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, <br /> 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or236.1(c), 243.4, 261, 261.5, <br /> 273.5, 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, 311.1,311.2,311.3,311.4,311.10,311.11,314, <br /> 347(a),368,417(b),451(a),518 with 186.22,647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, <br /> or 18755, 12022.53, 11418(b)(1) or(b)(2); Business and Professions Code Section 729. <br /> 11. NOTICE <br /> Any notice,tender, demand, delivery,or other communication pursuant to this Agreement <br /> shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br /> first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br /> the manner provided in this Section, to the following persons: <br /> To City: City Clerk <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-30) <br /> P.O. Box 1988 <br /> Santa Ma, California 92702-1988 <br /> Fax (714) 647-6956 <br /> With copy to: Executive Director <br /> Parks,Recreation and Community Services <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-23) <br /> P.O. Box 1988 <br /> Santa Ma, California 92702 <br /> Fax (714) 571-4211 <br /> Page6of9 <br />