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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 <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 a�-a sex offender under California Penal Code Section 290 ct <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 violezit-felony as defined in California Penal Code Section 667,5(c), or has <br /> a conviction for. a serious felohy 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 Sdction 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, 286,289,288a,288.2, <br /> 288.3,288.4,'288.5,288.7,289,29.0, 3,b 1.1,311.2,311.3,311.4,311.10,311.11,314,347(a),368, <br /> .417(b), 451(a),518 with f86.22,,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. INDEM[NIFICATION <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 performance of services specified under this <br /> Agreement. <br /> 9. FORCE MAXERE <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 />