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• Conspiracy or attempt to commit any of the aforementioned offenses. The Consultant shall not provide Crossing Guards that: • Currently, or have been within the past five years, an unlawful user of a controlled substance as defined by the California Health and Safety Code; and/or within a class of persons defined in the California Welfare and Institutions Code §§ 8100 or 8103. In addition, the recruitment process shall incorporate a Pre-Employment Screening Program that includes: • An employment reference check; • A criminal background check and a fingerprint check; • A drug and alcohol screening test; • Social Security verification; and • Only documented, authorized Consultant employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request). In order to establish identity and ineligibility under item I.O. of this Agreement, all Crossing Guards shall provide the City with fingerprints and a recent photograph on an annual basis. Fingerprints shall be taken at a place designated by the City. P. Any employee whose conduct is not satisfactory, as determined by the City of Pleasanton, shall be removed from providing crossing guard services in the City of Pleasanton. Q. The Consultant shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Consultant shall contact the Pleasanton Police Department at (925) 931-5100 within two (2) hours to advise the nature of the complaint and the course of action/remedy/resolution of said complaint. Consultant shall furnish a written report of the incident to the Pleasanton Police Department within five (5) business days after the occurrence. II. COMPENSATION A. City agrees to pay, and Consultant agrees to accept as a total payment for its services, the rates and charges identified in Exhibit C. The total sum to be expended under this Agreement shall not exceed $ 213,235.00 during the term 4