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INSURANCE ON FILE <br />WORK MAY PROCEED <br />!H9=-- <br />CITY CLERK <br />DATE; <br />N-2023-201 <br />RECREATION SERVICES AGREEMENT WITH JONY MARTINEZ DBA ZEN <br />a - P12cSA (J) BUSHIDO KAN KARATE DO FOR KARATE CLASS INSTRUCTION <br />Sa,ytA 1�J.5M"L'AI)fi r <br />THIS AGREEMENT is made and entered into on this 26th day of June 2023 by and <br />between Jony Martinez, an individual dba Zen Bushido Kan Karate Do ("Provider"), and the City <br />N of Santa Ana, a charter city and Municipal Corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). City and Provider are also referred to as <br />"the Parties." <br />�F <br />RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to provide karate fitness classes in its recreation class program. <br />B. Provider represents they are able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that they are <br />knowledgeable in their field and that any services performed by Provider under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected. <br />D. The Parties acknowledge that the City intends to provide recreational activities to the public <br />but must balance the need to comply with all COVID-19 guidance and restrictions. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />a. Provider shall perform those services as set forth in Exhibit A to this Agreement. <br />b. All classes operated pursuant to this Agreement for conducting recreation classes at <br />City facilities, including parks, will comply with all applicable guidance and public <br />health orders, including those from the Centers for Disease Control ("CDC"), <br />California Department of Public Health ("CDPH"), the Orange County Health Care <br />Agency ("OCHCA") and the City itself for as long as those orders and guidance remain <br />in place. Provider will remind participants of these guidelines. To the extent that <br />Provider needs assistance with enforcing any rules or requirements, Provider will <br />contact a City Parks' employee or City security for assistance. <br />c. Provider shall not attend a class or teach any class if Provider is sick or has any <br />symptom(s) associated with COVID-19 including but not limited to, fever above 100.4, <br />chills, cough, shortness of breath loss of taste or smell, nausea, muscle or body aches, <br />vomiting, headache, sore throat or diarrhea. <br />Page 1 of 10 <br />