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ill requiring hospitalization and that some people have died from COVID49. Provider <br />acknowledges that persons over the age of 65 and persons with underlying health conditions are <br />at greater risk of contracting COVID-19 and are potentially risking serious injury or death. <br />Provider is agreeing to provide classes pursuant to this Agreement and does so of Provider's own <br />free will. <br />Provider intends to be legally bound by this assumption of risk, release and waiver and to <br />bind Provider's heirs, personal representatives, next of kin and anyone who may make a claim on <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 resulting from potential exposure or actual <br />exposure to COVID-19, this includes claims for personal injury, transmittal 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 with COVID-19 as a result of providing <br />services pursuant to this Agreement. <br />9. CONFLICT OF INTEREST <br />Provider covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />10. BACKGROUND CHECK <br />Provider shall ensure that all employees, subcontractors, and any volunteers are <br />fingerprinted and background checked prior to conducting any work pursuant to this Agreement. <br />Provider shall not assign any employee, agent, subcontractor, volunteer or the Provider personally <br />to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, <br />or the Provider personally are required to register as a sex offender under California Penal Code <br />Section 290 et seq, have a conviction for any crime of moral turpitude, have a conviction for a <br />sexual based crime, have a conviction for a violent felony as defined in California Penal Code <br />Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code <br />Section I I92.7(c). Disqualifying convictions include but are not limited to, violations of California <br />Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, <br />207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, <br />273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, <br />288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 31111, 314, <br />347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, <br />or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. <br />11. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br />first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br />the manner provided in this Section, to the following persons: <br />Page 6 of 10 <br />