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INSURANCE ON FILE N-2024-011 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />C-TVQA4 _ <br />CITY CLERK <br />DATE; <br />AGREEMENT WITH SEGERSTROM CENTER FOR THE ARTS FOR <br />C � c C \ CENTER WITHOUT BOUNDARIES PROGRAMMING <br />THIS AGREEMENT is made and entered into on this 8th day of January 2024 by and <br />between Segerstrom Center for the Arts, a California nonprofit corporation ("Provider"), and the <br />City 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 may be collectively <br />referred to as the "Parties" or individually as a "Party." <br />RECITALS <br />A. The City desires to retain a provider having special skills, resources and knowledge to provide <br />dance and music programming for the Santa Ana Library. <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 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 />