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+i� 4JRRtWCI ON TILE N-2018-004 WORK MAY PROCEED UNTIL INSURANCE EXPIRE / (moi WC, OLSRK OF COUNCIL 004 ) bM 2 =,4 ZOIC AGREEMENT TO PROVIDE AQUATICS PROGRAMMING O: PRCS (/) AT SANTA ANA CITY POOLS Silvia Cuevas THIS AGREEMENT is made and entered into this I Sth day of December, 2017, by and between Blueray anagement<LLC, a California limited liability company ("Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to utilize the services of an independent contractor with the requisite skill and expertise to provide seasonal aquatics programs for the Parks, Recreation, and Community Services Agency at City pools, including private and group swim lessons, swim tearn programming, lifeguard training, and other aquatic programming as mutually agreed upon, as more fully described in the scope of services that is attached as Exhibit A. B. Provider represents that it is fully qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees. C. City desires to retain Provider, and Provider desires to perform these services for the City in accordance with the terms and conditions of this Agreement: The parties therefore agree as follows: 1. PROVIDER'S SERVICES A. Scope of Services. Provider shall perform those services as set forth in Exhibit A. B. Standard of Performance. Provider shall perform all services Linder this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner satisfactory to City. C. Personnel, Provider has, or will secure at its own expense, all personnel to perform the services required Linder this Agreement. All of the services required under this Agreement shall be performed by Provider or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. D. Compliance with Laws. Provider shall keep itself informed of all local, state, and/or federal ordinances, statutes, and regulations that in any manner affect those employed by Provider or in any way affect the performance of Provider's services under this Agreement. Provider shall at all times observe and comply with all such ordinances, statutes, and regulations. City and its agents shall not be liable for any noncompliance by Provider. E. Safety Equipment. Provider shall be responsible for providing and maintaining all safety equipment required to carry out Provider's duties under this Agreement.