JAUREGUI, BERTHA - 2018 - Laserfiche WebLink

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INSURANCE ON FILE WORK MAY PROCEED N-2018-010-01 C_NTIL INSURANCE EXPIRES bn' 4 CLERK OF COMM�� DATE: YAV FIRST AMENDMENT TO RECREATION SERVICES O: PRCS (/) AGREEMENT WITH BERTHA JAUREGUI Silvia Cuevas THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 9, 2018, by and between Bertha"Jauregui ("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 #N-2018-010 dated December 6, 2017 ("Agreement"), by which Provider agreed to provide and conduct Early Childhood Education classes for children 3 - 5 years of age. The term of the Agreement was from January 1, 2018 through December 31, 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. N -go 1t. -I .7 5 C. Prior to the execution / of the Agreement, Provider and City were engaged for similar services under Agreement TMs --2016-175 dated November 23, 2016, for a term from January 1, 2017 through December 31, 2017. Under the compensation terns of the November 2016 agreement, Provider received 80% of the gross revenues with the City retaining 20% (80/20 split). 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 2016 agreement. City's intent was manifested in that it continued 80/20 payments to the Provider for the month of January 2018 under the Agreement. Payments under the 80/20 split were halted upon discovery of the clerical error in February 2018. E. The parties now wish to correct the payment split amounts to reflect the 80/20 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 month of 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 shall