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lC tc, .nN-2020-203 w�E ON FILE ti C FORK MAY PROCEED :iSURANCE EXPIRES 10 a l_ _— CLERK OF COUNCIL JF; RECREATION SERVICES AGREEMENT se UY5, \vP, aCueca3)rA- THIS AGREEMENT is made and entered into on this 5th day of October, 2020 by and between Raquel Gutierrez ("Provider") an individual, a charter city and Municipal Corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Provider are also referred to as "the Parties." RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide Zumba classes in the park in its recreation class program. B. Provider represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. D. The Parties acknowledge that the City intends to operate a pilot program for conducting certain recreational classes in City parks in an effort to provide recreational activities to the public but balance the need to comply with all COVID-19 guidance and restrictions, including but not limited to social distancing and wearing masks. Provider has requested to participate in this pilot program. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES A. Provider shall perform those services as set forth in Exhibit A to this Agreement. B. Provider acknowledges that currently the State, County and City are operating under emergency declarations due to COVID-19. As a result, there are restrictions in place effecting the ability to offer recreation classes and/or have persons attend classes pursuant to orders from the Orange County Health Officer, the California Public Health Officer, and guidance from the Centers for Disease Control ("CDC"), California Department of Public Health ("CDPH"), the Orange County Health Care Agency ("OCHCA") and the City itself. C. All classes operated pursuant to the City's pilot program for conducting outside recreation classes at City Parks will comply with all applicable guidance and public health orders, including those from the CDC, CDPH, OCHCA, and the City for as long as those orders and guidance remain in place. Provider will remind participants of these guidelines. To the extent that Provider needs assistance with enforcing any rules or requirements, Provider will contact a City Parks' employee or City security for assistance. D. All participants in the classes will have their temperature taken and will be expected to maintain six (6) feet distance from other participants at all times, wear a mask, and practice appropriate handwashing and sanitizing.