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uSUF',�CE ON FILE N-2018-128-01 W01", MAY PROCEED 1IIi ;I,.INSURANCE EXPIRES CQUNCIL TE. P1AR Q 4 2019 A `j FIRST AMENDMENT TO SPEAKERIPERFORMER ® AGREEMENT WITH DREAM SHAPERS THIS FIRST AMENDMENT to the above -referenced agreement is entered into on February 7, 2019, by and between Dream Shapers ("Speaker/Performer"), 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-2018-128 dated June 28, 2018 ("Agreement"), by which Provider agreed to provide variety -type performances to entertain patrons. The term of the Agreement is from July 1, 2018 through June 30, 2019 and is still in effect. B. The parties agree and understand that the Agreement shall be amended to revise and replace the prior scope of work and include a provision that all performers undergo a LiveScan background check and comply with the City's policies and codes of conduct. The Parties therefore agree: 1. Section 1 is amended as follows: 1. Event Description: Variety -type performances to entertain patrons with performances selected and agreed upon by the parties per Exhibit A-1, attached hereto to this First Amendment. Exhibit A -I shall replace Exhibit A to the Agreement. 2. Section 9 is amended to add the following: Speaker/Performer contracts with third parties for the services listed in Exhibit A-l. Speaker/Performer will require pursuant to written agreement that all third parties performing work pursuant to this Agreement, shall adhere to all of the terms of this Agreement between Speaker/Performer and City. 3. Section 18 shall be added to the Agreement and read: 18. LiveScan Background Check and City policies: Speaker/Performer shall arrange for and confirm, in writing with the City, that any of its performers, speakers, employees, subcontractors or substitutes, have submitted to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. Speaker/Performer shall also include in its contract or agreements with its performers, speakers, employees, subcontractors or substitutes that they shall comply with all the terms of the City's Agreement with the Speaker/Performer including, but not limited to, the LiveScan requirements and the City's insurance requirements.