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at greater risk of cotrtracting COVID-19 and are Potentially risking serious injury or death.
<br />Provider is agreeing to provide classes pursuant to this Agreement an
<br />free will. d does sa of Provider's awn
<br />Provider intends to be legally bound by this assumptrion of risk, release and waiver• and to
<br />bind Provider's heirs, personal representatives, next of kin and anyone who may make a claim oil
<br />Provider's behalf. Provider knowingly releases and waives any and all claims that provider may
<br />have or could have in the future and includes any claims exposure to Gresulting from potentiiu exposure or actual
<br />t7VIL7 I9, flits includes claims for personal injury, transinittal of COVID-19 to
<br />others, and/or wrongful death. Provider agrees to hold harmless, defend and indemnify the City,
<br />its public officials, officers, employees, volunteers, and. agents from any and all claims for liability
<br />or damages, including those for exposure to or diagnosis setwith COV117 19 as a result of providing
<br />vices pursuant to thus Agrecirient.
<br />9. CONFLICT OF INTEREST
<br />Provider covenants that it presently has rro interests and shall not have interests, direct or
<br />indirect which would conflict in any marmer with performance of services specitied under this
<br />Agreemomrt
<br />10- BACKGROUND CITEC K
<br />Provider shall ensure that kill employees, subcontractors, and ally volunteers working on -
<br />site in City are fingerprinted and background checked prior to conducting any work pursuant to
<br />this Agrecinent Provider shall not assign any employee, agent, subcontractor, employee,
<br />or the
<br />Provider personally to provide services pursuant to this Agreement if that agent,
<br />subcontractor, volunteer, of the Provider personally are required to register as a sex offender under
<br />California Penal Code Section 290 of sect, have a conviction for any crime of moral turpitude, have
<br />a conviction for a sexual based crime, have a conviction for a violent felony as defined in California
<br />Penal Code Section 667.5(c), ar has a conviction for a serious felony as defiriLd in California Penal
<br />Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of
<br />California Penal Code Sections 37, 128, 136A with Section 186.22, 187, 190-190.4 and 192(a),
<br />205, 206, 207-209.5, 211, 212, 212.5, 213, 214 215, 218-219, 220, 236. l(b) or 236, f(c), 243 A,
<br />261, 261.5, 273 5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 295,
<br />286, 288, 288a, 288,2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 3 l 1,2, 311.3, 3 t 1.4, 311.10,
<br />311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 6531'(c), 664 and 187, 667.5(c),
<br />18745, 18750, or 18755, 12022,53, 11418(b)(1) or (b)(2); Business and Professions Code Section
<br />729.
<br />M NOTICE
<br />Any notice, tender, demand, delivery, or other cotmmunication pursuant to this Agreement
<br />shall be in writing and shall be doented to be; properly given if delivered in Person or mailed by
<br />first class or cortified mail, postage Prepaid, or sent by fax or other telegraphic cainrnunication ill manner provided it, this Section, to the: following persons:
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