Cities Index.
Agreement

Riverside City Council
December 20, 2022

Document
Agreement
Meeting
December 20, 2022
Body
Riverside City Council
Original file
241 KB
Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

AGREEMENT FOR THE YOUTH SPORTS OFFICIALS AND SCOREKEEPERS

DANNY FULLER DBA SPORTS INNOVATORS
THIS AGREEMENT ("Agreement") is made and entered into this ___ day of ________ , 2022, by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City") and DANNY FULLER, a sole proprietor, doing business as SPORTS INNOVATORS, hereinafter referred to as ("Contractor"), as follows:

Section 1. Scope of Services. City agrees to retain and does hereby retain Contractor, and Contractor agrees to provide the services more particularly described in Exhibit "A," Scope of Services ("Services"), attached hereto and incorporated herein by reference, in conjunction with providing qualified youth sports officials and scorekeepers and additional services as referenced in Request for Proposal.

Section 2. Standard of Performance. While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise.

Section 3. Term. The term of this Agreement shall be for a period of one (1) year commencing January 1, 2023, through December 31, 2023. This Agreement may be extended for additional periods of one (1) year each, not to exceed four (4) years, upon mutual agreement of the parties hereto at such rate of compensation as may be agreed to by said parties.

Section 4. Compensation. The City shall compensate the Contractor for the services herein provided as follows: For providing one (1) scorekeeper for each basketball and football game at Ten Dollars ($10.00) per game, and for providing two (2) officials for each basketball Forty Dollars ($40.00) per game. For providing two (2) officials for each flag football game at Forty-Four Dollars ($44.00) per game. In the event the Contractor provides only one (1) official for any game requiring two (2) officials, and the game is not canceled, the City shall pay to Contractor the sum of Thirty Dollars ($30.00) for such official. The amount to be paid to Contractor pursuant to this Agreement shall not exceed the amount of Twenty-Four Thousand Sixty Dollars ($24,060.00).

The Contractor shall submit invoices to the Recreation Services Coordinator of the City of Riverside Parks, Recreation and Community Services Department not more often than biweekly through the term of this Agreement. Invoices must set forth the number of officials and scorekeepers provided for each game during the invoice period, and the total amount payable to the Contractor. City will pay Contractor, in accordance with its usual accounting procedures.

Section 5. Personnel. Contractor shall have all personnel contact the Parks, Recreation and Community Services Depattment to schedule a LiveScan/Department of Justice background check with the Human Resources Depattment. Contractor will be responsible for costs of the LiveScan check at Thitty-Two Dollars and Seventy-Five Cents ($32.75) per person , consistent with the procedures set forth by the City ' s Human Resources Policy 1-14 (Exhibit "B") and payment is due at the time of the LiveScan. After receipt of the scan results the City will notify Contractor of individuals that are eligible to be officials and scorekeepers. Contractor shall only utilize those eligible individuals for the performance of this Agreement.

Section 6. Subcontractors/Assignment. Contractor shall not subcontract or assign any portion of the work required by the contract without the prior written approval of the City.

Section 7. Indemnification. Except for City's sole negligence or willful misconduct , Contractor shall indemnify and hold City and City's officers and employees harmless from all damages, costs and expenses, including attorneys' fees , in law or equity, including damage to property or personal injury, including death, that may arise or be incurred due to intentional or negligent acts, errors or omissions of Contractor or any of Contractor's employees, substitute Contractor or agents committed while rendering services pursuant to this Agreement, notwithstanding that City may have benefit from Contractor's services.

The parties expressly agree that any payment, attorney fee, cost or expense City incurs or makes to or on behalf of an injured City employee under City's self-administered Workers' Compensation program is included as a loss, expense or cost for the purposes of this paragraph.

The provisions of this paragraph shall survive the expiration or early termination of this Agreement.

Section 8. Insurance.

8.1 General Provisions. Prior to the City's execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney , or a designee , unless such modification is prohibited by law.

8.1.1 Limitations. These mm1mum amounts of coverage shall not constitute any limitation or cap on Contractor's indemnification obligations under Section 10 hereof.

8.1.2 Ratings. Any insurance policy or coverage provided by Contractor or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement , unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder ' s rating A or higher and a Financial Class of VII or higher.

8.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days ' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.

8.1.4 Adequacy. The City , its officers , employees and agents make no 2 representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as Contractor deems adequate, at Contractor's sole expense.

8.2 Workers' Compensation Insurance. By executing this Agreement , Contractor certifies that Contractor is aware of and will comply with Section 3 700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work.

Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such coverage; or (2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.

8.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Contractor against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with , or acting for or on behalf of Contractor. The City, and its officers, employees and agents, shall be named as additional insureds under the Contractor's insurance policies.

8.3.1 Contractor's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent Contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000 ,000 per occurrence and a general aggregate limit in the amount of not less than $2,000 ,000.

8.3.2 Contractor's automobile liability policy shall cover both bodily mJury and prope1iy damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000 . All of Contractor's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor ' s performance of this Agreement , which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractor's employee vehicles, non-Contractor owned vehicles and hired vehicles.

8.3.3 Prior to City ' s execution of this Agreement , copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers , employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and 3 automobile liability insurance policies, but shall include the following provisions:
"It is agreed that the City of Riverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside. "

8.3.4 The insurance policy or policies shall also comply with the following provisions:
a. The policy shall be endorsed to waive any right of subrogation against the City and its sub-contractors, employees, officers and agents for services performed under this Agreement. b. If the policy is written on a claims-made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City.

Section 9. Termination. This Agreement may be terminated by either party upon one hundred eighty (180) days' prior written notice to the other party. In the event of a substantial failure of performance by Contractor, City may terminate this Agreement upon a ten (10) day written notice to Contractor . The ten (10) day notice period shall be used by both parties in an attempt to negotiate resolution of disputes and remedy any breach.

Section 10. Independent Contractor. The parties recognize and agree that Contractor is and shall be, at all times hereunder, an independent contractor and not an employee of the City. It is agreed and understood that the engagement of Contractor hereunder does not require Contractor's services to be provided exclusively to the City and that Contractor shall be free to engage in outside activities, services and projects which are unrelated to this Agreement.

Section 11. Notice. Any notice, demand, request, consent , approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by email or pre-paid, first-class mail and shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address . Notice shall be deemed communicated within forty-eight ( 48) hours from the time of mailing if mailed as provided in this paragraph.

City:

City of Riverside
Parks , Recreation and Community Services
Attn: Gabriella Garcia
6927 Magnolia Avenue
Riverside , CA 92501
4 Contractor:

Danny Fuller dba Sports Innovators
12671 Dogwood Circle
Riverside , CA 92503
Section 12. Nondiscrimination. Contractor agrees that during the term of this Agreement , except as provided in Section 12940 of the Government Code of the State of California , Contractor shall not discriminate on the grounds of race, religious creed , color, national origin, ancestry , age, physical handicap , medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation , genetic information , gender , gender identity, or gender expression, in the selection and retention of employees and subcontractors and the procurement of materials and equipment. Contractor shall also comply with the requirements of the Americans with Disabilities Act in the performance of the Agreement.

Section 13. Business Tax. Contractor understands that the activity described herein constitutes doing business in the City of Riverside , and Contractor agrees that Contractor will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code.

Section 14. Severability. Each provision , term, condition, covenant and/or restriction, in whole and in patt , in this Agreement shall be considered severable. In the event any provision, term, condition , covenant and/or restriction, in whole and/or in patt , in this Agreement is declared invalid , unconstitutional , or void for any reason , such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition , covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.

Section 15. Amendments . This Agreement may be amended or supplemented only by written documents signed by both parties.

Section 16. Integration. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the patties. Neither patty has been induced to enter into this Agreement by, nor is either party relying on, any representation or warranty outside those expressly set fotth in this Agreement.

Section 17. Accounting Records. Contractor shall maintain complete and accurate records with respect to revenue received and costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit , and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work , data , documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

Section 18.
this Agreement.

Time of Essence . Time is of the essence for each and every provision of Section 19. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person , other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid 5 nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage , brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

Section 20. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder , except as may be specifically, provided in this Agreement or as may be otherwise agreed in writing.

Section 21. General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of Contractor ' s services with all applicable laws, ordinances and regulations.

Section 22. Contract Administration. Contractor acknowledges that City will monitor the services provided by Contractor pursuant to this Agreement on an ongoing basis to ensure Contractor's compliance with terms of the Agreement.

Section 23. Conflict of Interest. Contractor, for itself and on behalf of its agents, servants, representatives, and employees, warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects or work to which they are assigned.

Contractor further warrants that neither Contractor nor its agents, servants, representatives, and employees, have any real property, business interests or income that will be affected by the projects or work to which they are assigned or, alternatively, that Contractor will file with the City an affidavit disclosing any such interest.

Section 24. Authority. The individuals executing this Agreement on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof.

Section 25. Successors and Assigns. This Agreement shall be binding upon City and its successors and upon Contractor and Contractor's heirs, successors and assigns, and shall not be assigned by Contractor, either or whole or in part, without the express written consent of City.

Contractor shall not assign all or any part of the Agreement without the prior written consent of the Recreation Superintendent.

Section 26. Venue. Any action at law or in equity brought by either of the patties hereto for the purpose of enforcing a right or rights provided by this Agreement shall be tried in a coutt of competent jurisdiction in the County of Riverside, State of California, and the patties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.
6 IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be duly executed on the day and year first above written.

CITY OF RIVERSIDE,
a California charter city and municipal
corporation
By: ____ _________ _
Interim City Manager
ATTESTED TO:

By: ____ _________ _
City Clerk
CERTIFIED AS TO AVAILABILITY OF FUNDS:
~q
By: _ _ ~ c----.L..~hi----"e=f;_F~in½~,.....;·r>,l~a-1 t6fu6e-, =-~=-c~e.,__r ___ -__ 22-1945 LAS 11 /09/22
7 DANNY FULLER , a sole proprietor , doing
business as SPORTS INNVATORS
Print Name: Danny
Title: Owner
EXHIBIT "A"

SCOPE OF SERVICES
The Contractor will furnish the number of qualified spotis officials necessary for Youth Spotis Programs under the supervision of the Parks, Recreation and Community Services Depatiment of the City during the term specified. The City will provide the Contractor a schedule of games and written notice of the number and type of officials required at least ten (10) business days prior to the commencement of league play. The City currently conducts its youth flag football program in one season consisting of a fall season of approximately three (3) age divisions, for a length of eight to ten (8-10) weeks (September through November). The youth basketball season consists of a winter season of three (3) different age divisions and summer season two (2) divisions, approximately eight to ten (8-10) weeks in length (January through March and July through August). The youth volleyball season consists of 2 divisions approximately six to eight (6-8) weeks in length. Nothing herein will preclude the City from changing the number of leagues unless fewer participants register for the program, provided the Contractor will be given at least ten (10) business days' notice prior to the commencement of the applicable season, if such a change is necessary.

EXHIBIT "B"
CITY'S HUMAN RESOURCES POLICY 1-14
SUBJECT:

PURPOSE:

Approved :

City of Riverside, California
Human Resources Policy and Procedure Manual
~~ Human ResourceDirector
U\.1 ,i)/\~ --City Manager
Number: 1-14 Effective Date: 07/06

CRIMINAL BACKGROUND AND LIVE SCAN POLICY
To establish a policy to ensure that the City of Riverside, its employees and volunteers, and members of the public are protected and to help minimize potential liability, the City Council has authorized a resolution authorizing the City to obtain state summary criminal background information from the Department of Justice for employment purposes. The City desires to identify those employees, prospective employees and volunteers who have a criminal history so that such information may be used in employment decisions.

POLICY:

1. Authority - Under federal and state law, public agencies may enact policies that disqualify applicants with certain criminal convictions from employment positions if the conviction is relevant to the position in question. Furthermore, California Penal Code Section 11105 permits cities to obtain state summary criminal background information from the Department of Justice if the City Council has authorized such access and if the criminal background information is required to implement a statute, ordinance or regulation that contains requirements or exclusions based on specified criminal conduct. The City Council authorized the City to access such information pursuant to Resolution Number 19579.

2. General - The City shall not consider for employment a person or volunteer who has been convicted of a felony or a misdemeanor involving moral turpitude (see.

Section 4 for specific penal code convictions). Such conviction shall be cause for termination of any employee or volunteer, if the felony or misdemeanor is for a crime specified below, or, if the crime is not actually listed, the City determines that the crime is substantially similar in nature to those specified below. The conviction may be disregarded if it is found and determined by the appointing authority that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction, and federal or state law does not require such disqualification or termination.

3. Criminal Record Background Checks - The City shall obtain criminal background information pursuant to the procedures set forth below on all prospective employees and volunteers, all current employees and volunteers who work with or supervise minors, and all employees formally considered for promotion. 1 Nwnber:---1=1..1:_ Effective Date 07106:

4. Specific Convictions and Positions
A. With respect to all prospective employees, current employees and volunteers, a conviction of any of the following Penal Code sections , shall be grounds for disqualification or termination:

Section 68:

Section 72:

Section 73, 74:

Section 187, 189:

Section 209:

Section 211:

Section 245:

Section 261:

Section 451:

Section 484:

Section 490.5:

Section 503:

Section 518:

Asking for or receiving bribes
Presentation of fraudulent claims
Bribes for appointment to office
Murder
Kidnapping for ransom, extortion or robbery
Robbery - taking personal property in possession of
someone by force or fear
Assault with a deadly weapon
Rape
Burglary
Theft
Shoplifting
Embezzlement - fraudulent appropriation of property by a person to whom it has been entrusted
Extortion - obtaining property by a wrongful use of force or fear or under a color of official right
B. With respect to all applicants for and current employees and volunteers in positions that work with or supervise minors, in addition to "A" above, a conviction of any of the following code sections shall be grounds for disqualification or termination:

1. Violations or attempted violations of Penal Code Sections 220, 261.5, 262, 273a, 273d, or 273.5, 288, or any sex offense listed in Section 290.

2. Any crime described in the California Uniform Controlled Substances Act (Division 10 [commencing with Section 11000] of the California Health and Safety Code).

3. Any felony or misdemeanor conviction within 10 years of the City's request for background information for a violation or attempted violation of Chapter 3 of Title 8 of the Penal Code (commencing with Section 207), Sections 211 to 215, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that offense, Section 217.1, Chapter 8 of Title 8 of the Penal Code (commencing with Section 236), Chapter 9 (commencing with Section 240), and for violation of any of the offenses specified in subdivision (c) of Section 667.5.

4. Any felony or misdemeanor conviction under Penal Code Section 311, et seq., photographic use of children relative to sexual conduct.

C. With respect to all applicants for current employees and volunteers in positions that work with public funds or public records, in addition to "A" above, a conviction of any of the following Penal Code sections shall be grounds for disqualification or termination:
2 Section 115, 115.3:

Section 424:

Title 13, Chapter 4:

Number:_f:_H_ Effective Date 07/06:

Use of a false or forged public record or alteration of a certified copy of a public record
Embezzlement and falsification of accounts
Any violation of forgery and counterfeiting

3. Responsibility of Applicant, Employee or Volunteer - It is the responsibility of an applicant, employee, or volunteer to report any conviction or arrest pending final adjudication to the City. The information shall be included on all employment applications. Arrest pending final adjudication means an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trail, pursuant to Labor Code 432.7(a). If any convictions or arrests pending final adjudication occur while the employee or volunteer is working for the City, the employee or volunteer shall report that information to his or her supervisor who shall forward the information to the Department Head or designee and the Human Resources Director. Alternatively, the employee or volunteer may report the information directly to the Human Resources Director.

4. Procedure for Criminal Background Records Checks
A. Criminal record checks conducted pursuant to this policy shall comply with applicable federal and state law and the following:

1. The City shall submit a completed Applicant Fingerprint Card to the Department of Justice accompanied by any other forms or information required by the Department of Justice in order to obtain the criminal background information.

2. Any information obtained from the Department of Justice shall be used to determine whether the applicant, employee or volunteer is disqualified or subject to termination pursuant to this policy.

3. The City may hire a prospective employee contingent upon the results of the criminal background information received during the employee's probationary period. Any employee, including an employee hired pending the receipt of criminal background information, will be terminated if the employee is found to have falsified or omitted criminal background information on the employee application

4. Every employee or volunteer who has been hired or promoted subsequent to the adoption of this policy, who passed the initial screening, must sign an acknowledgment that conviction of crimes listed herein or determined to be substantially similar by the City shall be grounds for disciplinary action up to and including termination.

8. The City shall enter into a contract with the Department of Justice to obtain any subsequent conviction or arrest information concerning an employee or volunteer.

1. Any information about an existing employee's or volunteer's conviction(s) shall be reported to the Human Resources Director.

2. Upon receipt of information regarding a conviction and/or arrest pending final adjudication, the Department Head or designee, the Human 3 Number:_l_JL Effective Date 07106:

Resources Director and the City Attorney shall evaluate the effect and potential effect of the employee's or volunteer's record or arrest on his or her position of employment, fellow employees and the public and shall take appropriate action to maximize public safety and minimize potential liability while respecting the rights of the employee or volunteer.

3. If the City finds that an employee or volunteer has failed to report a conviction or arrest pending final adjudication, the appropriate disciplinary action, up to and including termination, will be taken.

5. Confidentiality - State summary criminal history information is confidential and shall not be disclosed, except to those individuals designated to make employment decisions. Persons with access to such information shall sign a form acknowledging that the information is confidential and that civil and criminal penalties, as well as dismissal from employment, may result if the confidential information is misused.

Pursuant to Penal Code Section 11077, the Attorney General is responsible for the security of Criminal Offender Record Information (CORI), and has the authority to establish regulations to assure the security of CORI from unauthorized disclosures.

The following are requirements as prescribed by the State of California, Department of Justice, Bureau of Criminal Identification and Information, Field Operations and Record Security for any agency that maintains or receives criminal history information:

A. Records Security - Any inquires regarding the release, security or privacy of Criminal Offender Record Information (CORI) is to be resolved by the Human Resources Director or his or her designee.

B. Record Storage - CORI shall be under lock and key and accessible only to the Department Head or his or her designee who shall be committed to protect CORI from unauthorized access, use or disclosure. Fingerprint records such as fingerprint cards, "no criminal history'' notifications and CORI history shall be destroyed by shredding once a hiring decision or volunteer qualification/disqualification determination has been made.

C. Record Dissemination - CORI shall be used only for the purpose for which it was requested by the hiring department.

D. Record Destruction - Upon determination of employment, CORI and copies of the same shall be destroyed to the extent the identity of the person can no longer be reasonably ascertained.

E. Record Reproduction - CORI may not be reproduced for dissemination.

F. Training - The Department Head and employees with access to CORI are required:

1. To read and abide by this policy.

2. To have on file a signed copy of the Employee Statement Form for the Use of Criminal Record Information, which acknowledges an understanding of laws prohibiting misuse of CORI.
4 Nw11ber:-1=J..j__ Effective Date 07/06:

G. Penalties - Misuse of CORI is a criminal offense. Violation of this policy regarding CORI may result in suspension, dismissal and/or criminal or civil prosecution.

PROCEDURE:

Responsibility
Hiring or Promoting Department
Human Resources Director or Designee
City Attorney and Department Head
Human Resources Director
5 Action

1. Selects applicant and offers
employment, or selects employee
and offers promotion, based on
successful background checking.

2. Processes fingerprints and
submits to Department of Justice.

3. Makes determination based on
report and informs the City
Manager, City Attorney and the
Department Head.

4. In consultation with Human
Resources Director, and only if
disqualification or termination is
not required by law, determines
whether any mitigating circum­
stances exist that permits
disregard of the conviction or, for
an applicant for promotion,
discipline less than termination .
5 If the report is acceptable or
sufficient mitigating
circumstances are found,
continues with the hiring or
promotion process.

6. Sends disqualification letter if
background on applicant for hire
or promotion is unacceptable.

7. If the report is not acceptable and
sufficient mitigating circum­
stances are not found, initiates in
consultation with the City
Attorney and the Department
Head , disciplinary action against
applicant for promotion.

WORKERS' COMPENSATION CERTIFICATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Dated: DANNY FULLER DBA SPORTS INNOVATORS -------
By: __________ _
[Printed Name and Title]

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