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highly contagious. Provider assumes the risks associated with providing services pursuant to this
<br /> Agreement, namely potential exposure to COVID-19. Provider acknowledges that while some
<br /> people have no symptoms or mild symptoms from COVID-19,some people have become seriously
<br /> ill requiring hospitalization and that some people have died from COVID-19. 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 1192.7(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, 311.1,311.2,311.3,311.4,311.10,311.11,314,
<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
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