HERRERA, MELINA 6- 2018 - Laserfiche WebLink

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N-2017-118-01 INSURANCE ON FILE WORK MAY PROCEED 6 >�V INSURANCE EXPIRES CLERK OF COUNCILy 2 2 i— DATE: FIRST AMENDMENT TO RECREATION SERVICES O: PRCS (,0) AGREEMENT WITH MELINA HERRERA Silvia Cuevas THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 27, 2018 by and between Melina Herrera ("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 parties entered into Agreement -4N-2017-118,, dated May 11, 2017 ("Agreement"), by which Provider agreed to provide and conduct Care Bear academy classes for children aged 2 % - 5 years of age. The term of the Agreement was from July 1, 2017 through June 30, 2018 and is still in effect. B. The compensation for the Agreement provided a split of the gross revenues received from program participants to pay the Provider seventy percent (70%) of the gross revenues with the City to retain the remaining thirty percent (30%). The total amount of revenue to the Provider shall not exceed $25,000 during the term of the Agreement. C. Prior to the execution of the Agreement, Provider and City were engaged for similar services under Agreement #A-2015-049 dated April 7, 2015, for a term from July 1, 2015 through June 30, 2017. Under the compensation terns of the April 2015 agreement, Provider received 80% of the gross revenues with the City retaining 20% (80/20 split). I D. Due to a clerical error, the compensation terms for the current Agreement were not set forth as an 80/20 split of the revenue. It was the intent of the City to continue the payment split as provided in the prior 2015 agreement. City's intent was manifested in that it continued 80/20 payments to the Provider from July 2017 through January 2018. Payments under the 80/20 split were halted upon discovery of the clerical error in February 201 S. E. The parties now wish to correct the payment split amounts to reflect the 80120 arrangement that was originally intended. City will recognize and pay for invoices for all services rendered during the term of this Agreement under the amended compensation terms below. Provider agrees and understands that the City has paid for said services under the amended terms for the period of July 2017- January 2018. The total not to exceed amount will not be increased. The Parties therefore agree, 1. Section 2, COMPENSATION, is amended to read as follows: In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay the Provider eighty percent (80%) of all gross revenue received from program participants. Total revenue to Provider shall not exceed $25,000,00 annually. Payment to Provider shall be made monthly within thirty (30) days following completion of the last class taught by Provider the prior month. City shall be responsible for collecting all fees from program participants. Provider r'