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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTI IJ NN�URANCE EXPIRES <br />CITY CLERK <br />N-2023-213 <br />DATE: RECREATION SERVICES AGREEMENT WITH BEGINNERS EDGE SPORTS <br />TRAINING, LLC, FOR MULTI -SPORT PROGRAMMING <br />(S.3rnvd Iw.Sandaad) l� <br />THIS AGREEMENT is made and entered into on this 16th day of June 2023, by and <br />between Beginners Edge Sports Training, LLC, an California limited liability company dba <br />M B.E.S.T. ("Provider"), and the City of Santa Ana, a charter city and Municipal Corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). City <br />1' and Provider are also referred to as "the Parties." <br />to <br />N <br />cn RECITALS <br />A. The City desires to retain a recreation service provider having special skills, resources and <br />knowledge to provide multi -sport programming in its recreation class program. <br />B. Provider represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that it is <br />knowledgeable in its field and that any services performed by Provider under this Agreement <br />will be performed in compliance with such standards as may reasonably be 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 asset 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 />d. Provider will not attend class or teach a class if Provider or any member of Provider's <br />household has been asked to quarantine or self -isolate due to symptoms of COVID-19 <br />or a positive test result for COVID-19. <br />Page 1 of 10 <br />