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r') c-4 0 N li ISURANCE ON FILE WORK MAY PROCEED UNTO INSURANCE EXFIRES _.l•I•202L4 CLERK OF COUNCIL DATE: N-2023-049 RECREATION SERVICES AGREEMENT WITH RAYA FOUNDATION TO PROVIDE RUN, JUMP, THROW, TRACK CLUB CLASSES THIS AGREEMENT is made and entered into on this day of February, 2023 by and t ' NUAO between RAYA Foundation, a California public benefit corporation ("Provider"), and the City of (Q1hoffils.l Santa, a charter city and Municipal Corporation organized and existing under the Constitution and nA\ LAUYaws 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 Run, Jump, Throw, and track club classes 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 he is knowledgeable in his 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 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 asset 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 symptom(s) associated with COVID-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. d. Provider will not attend class or teach a class if Provider or any member of Provider's household has been asked to quarantine or self -isolate due to symptoms of COWD-19 or a positive test result for COVID-19.