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AGR-6682.1 - LAUREN HASTINGS - INSTRUCTOR SERVICES AGREEMENT FOR PHYSICAL FITNESS CLASSESFIRST AMENDMENT TO INSTRUCTOR SERVICES AGREEMENT THIS FIRST AMENDMENT TO INSTRUCTOR SERVICES AGREEMENT (the"First Amendment")is made and entered into as of . .D ,2020,by and between the CITY OF ORANGE, a municipal corporation ("City"), and LAUREN HASTINGS, a sole proprietor Instructor"),with reference to the following: A. City and Instructor entered into an Instructor Services Agreement (Agreement No. 6682) dated as of December 11, 2018, which is incorporated herein by this reference (the "Original Agreement"); and B. City and Instructor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE,the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. City and Instructor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3 Revised Services. a. The first paragraph of Section 1 of the Original Agreement, Services,is revised in its entirety to read as follows: Subject to the terms and conditions set forth in this Agreement, Instructor shall provide to the reasonable satisfaction of City the services set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. Instructor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the expectations and requirements in performing the work, including those contained in Exhibit "B," which are attached hereto and incorporated herein by reference. The services which are the subject of this Agreement are not in the usual course of City's business and City relies on Instructor's representation that it is independently engaged in the business of providing such services, is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibits"A"or"B"to the contrary. b. The Scope of Services, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to add the following category of virtual instruction service: Additional Service: Teach recreation classes on-line as directed by City of Orange staff of Revenue Char e: 80% Location: Classes will be taught online EquiAment Provided bv City:None Section 4 Authority of City Manager. Pursuant to Section 3.08.430 of the Orange Municipal Code,the City Manager is authorized to approve and execute amendments to the Contract to adjust the compensation as provided herein. Section 5. Inte ration, This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement,the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written. INSTRUCTOR" CITY" LAUREN HASTINGS, a sole proprietor CITY OF ORANGE, a municipal corporation B C dt 1t N1 BY• Y• Printed Name: auren Hastings ick Otto, City Manager Title: Instructor APPROVED AS TO FORM: Mary E. Bi ing Senior Assistant City Attorn 2