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<ANLt Or FILE N-2021-195-01 .vnf,,i N;A.Y PROCELL UNfit INSURANCE EXPIRES FIRST AMENDMENT TO R , a9qa :LERK OF COUNCIL REt'Ktr7CTION SERVICES AGREEMENT WITH MARICSA N. SECUNDO DATE: THIS FIRST AMENDMENT TO AGREEMENT is entered into this 29s' day of November 2021, by and between Maricsa N. Secundo (erroneously referred to as Maricca N. Secundo in the original Agreement), �tO+IliemSandanl/ an individual ("Provider"), and the City of Santa Ana, a charter city and municipal corporation duly �GC-tlE.nandt;;� organized and existing under the Constitution and laws of the State of California ("City')_ Provider and City are also referred to herein as "Parties" or individually as a "Party." DEC 0 2 2021 RECITALS A. On September 30, 2021, the City entered into Agreement No. N-2021-195 ("Agreement") with Maricsa N. Secundo, an individual, to provide Danza Folklorico classes in its recreation class program- B. Agreement No. N-2021-195 is currently in full force and effect until September 30, 2022 C. The Parties desire to amend the substitution term of the Agreement. THE PARTIES THEREFORE AGREE: 1. Section 13, ASSIGNMENT/SUBSTITUTES, is amended to read: a. Assignment. The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. b. Substitutes. In the event Provider is not able to teach a class due to illness or some other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified substitute instructor to teach the class at its regular time and place. Provider shall ensure that substitute instructors are at least twenty-one (21) years of age and comply with the City's insurance and live scan requirements contained herein. Evidence of compliance with City's insurance and live scan requirements shall be provided upon request. Provider must immediately notify the City of the substitute instructor's name, qualifications, address and phone number. If Provider cannot procure a qualified substitute and the City is unable to assist in this regard, then the class shall be canceled and a make-up class must be added to the session. Provider must notify participants as soon as possible of any class cancellation and make-up class. Provider must personally teach at least seventy- five percent (75%) of its offered classes. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. [signatures on nextpagel Page 1 of 2