|
of this Agreement,may result in the immediate termination of this Agreement in the sole discretion
<br /> of the City.
<br /> 5. BACKGROUND CHECKS
<br /> User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted
<br /> and background checked prior to conducting.any work pursuant to this Agreement.User shall not
<br /> assign any employee, agent, subcontractor, volunteer or the User personally to provide services
<br /> pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the User
<br /> personally are required to register as a sex offender under California Penal Code Section 290 et
<br /> seq,have a conviction for any crime of moral turpitude,have a conviction for a sexual based crime,
<br /> have a conviction for a violent felony as defined in California Penal Code Section 667.5(c),or has
<br /> a conviction for a serious felony as defined in California Penal Code Section 1192.7(c).
<br /> Disqualifying convictions include but are not limited to, violations of California Penal Code
<br /> Sections 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, 262,
<br /> 264.1, 266, 266c,266h, 266i,266j,267, 269,272,273a,273ab,273d,285,286,288,288a, 288.2,
<br /> 288.3,288,4,288.5,288.7,289,290,311.1,311.2,3113,311.4, 311.10,3.11.11,314,347(a),368,
<br /> 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755,
<br /> 12022.53, 11418(b)(1)or(b)(2); Business and Professions Code Section 729.'
<br /> 6. INDEMNIFICATION
<br /> User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers,
<br /> agents, employees, consultants, special counsel, and representatives from and against any and all
<br /> claims, damages, judgments, attorney's fees, costs and expenses arising out of, involving, or in
<br /> connection with the use of the Facilities or the acts or omissions of User, its officers, agents,
<br /> employees, volunteers, guests, or invitees, whether or not such acts or omissions, constitute ;
<br /> permitted uses of the Facilities.
<br /> 7. INSURANCE
<br /> Insurance requirements are attached hereto and incorporated herein as Exhibit B.
<br /> 8. CONFLICT OF INTEREST CLAUSE.
<br /> User covenants that it presently has no interests and shall not have interests, direct or
<br /> indirect, which would conflict in any manner with perfonnance of services specified under this
<br /> Agreement.
<br /> 9. FORCE LYAAJ V l'IRE
<br /> In the event that the Facilities are rendered unavailable due to destruction, partial or total,
<br /> acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other
<br /> Page 2 of 5
<br />
|