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of this Agreement,may result.in the,immediate termination of this Agreement in the sole discretion
<br /> of the City.
<br /> 5. BACKGROUND CHECKS j
<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 8 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.£or a violeht-,felony as defined in California Penal Code Section 667.5(c), or has
<br /> a conviction for a serious felofy as-,defined in California Penal Code Section 1192.7(a).
<br /> 'Disqualifying convict-ions;include but are not limited to, violations of California Penal Code
<br /> Sections 37, 1,28, 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,.1220, 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, 31,1.1,311.2,311.3,311.4,311.10,311.11, 314,347(a),368,
<br /> .417(b), 451(a),518 with 1.86:22,,647.6; 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755,
<br /> 12022.53, 11418(b)(1) or(h)(2); Business and Professions Code Section 729.'
<br /> 6. INDEMINIFICATION
<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 /> s 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. CONTILICT 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 performance of services specified under this
<br /> Agreement.
<br /> 9. FORCE MAJUERE
<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
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