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INSURANCE NOT Oi, HLE WORK MAY NOT PROCEED N-2023-033 CLERK OF COUNCIL DATE: RECREATION SERVICES AGREEMENT WITH THE GASOL FOUNDATION FOR FEB 15 2023 THE GALACTIC SPORTS PROGRAM (AV), THIS AGREEMENT is made and entered into on this 31 st day of January, 2023 by and I between the Gasol Foundation, a Tennessee nonprofit corporation ("Provider"), and the City of RUf wl H Santa Ana, a charter city and Municipal Corporation organized and existing under the Constitution uu and laws of the State of California ("City"). City and Provider are also referred to as "the Parties." RECITALS A. The City recognizes the benefit of the Galactic Sports community -based program being conducted at locations within the City, 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 they are knowledgeable in their Held and that any services performed by Provider under this Agreement will be performers in compliance with such standards as may reasonably be expected D. The Parties acknowledge that the City intends to provide recreational activities to the public but must balance the need to comply with all COVID-19 guidance and restrictions. 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: 1. SCOPE OF SERVICES A. Provider shall perform those services as set forth in Exhibit A to this Agreement B. All classes operated pursuant to this Agreement for conducting recreation classes at City facilities, including parks, will comply with all applicable guidance and public health orders, including those from the Centers for Disease Control ("CDC"), California Department of Public Health ("CDPH"), the Orange County Health Care Agency ("OCHCA") and the City itself 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. C. Provider shall not attend a class or teach any class if Provider is sick or has any symptotn(s) associated with COWD-19 including but not limited to, fever above 100.4, chills, cough, shortness of breath loss of taste or smell, nausea, muscle or body aches, vomiting, headache, sore throat or diarrhea.