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i <br /> 2. PUBLIC PURPOSE <br /> City acknowledges the public benefit provided by User to the City of Santa Ana <br /> through its uses and that User is a nonprofit mutual benefit corporation. User shall be <br /> charged an annual rate under this Agreement, as set forth in Exhibit A. <br /> 3. TERM <br /> This Agreement shall commence on the date first written above, for a term of three <br /> (3) years, unless terminated earlier in accordance with the terms of this Agreement. The <br /> term of this Agreement may be extended for up to two (2), one (1) year periods upon a <br /> writing executed by the City Manager and City Attorney. <br /> 4. COMPLIANCE WITH RULES AND REGULATIONS <br /> i <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 felony <br /> as defined in California Penal Code Section 667.5(c), or has a conviction for a serious <br /> felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions <br /> include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 <br /> with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, <br /> 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, <br /> 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, 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, <br /> 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section <br /> 729.` <br /> i <br /> i <br /> Page 2 of 9 <br />