AGR-6694.1 - ORANGE KARATE CENTER INC - FIRST AMENDMENT KARATE INSTRUCTOR SERVICESeb-14..l..
FIRST AMENDMENT
TO
INSTRUCTOR SERVICES AGREEMENT
THIS FIRST AMENDMENT TO INSTRUCTOR SERVICES AGREEMENT (the"First
Amendment")is made and entered into as of i;2020,by and between the CITY OF
ORANGE, a municipal corporation ("City"), and ORANGE KARATE CENTER, INC., a California
corporation("Instructor"),with reference to the following:
A. City and Instructor entered into an Instructor Services Agreement (Agreement No.
6694) dated as of January 15, 2019, 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 Charge: 80%
Location: Classes will be taught online
Equipment Provided bv Citv:None
Section 4 Authoritv 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.
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IN WITNES5 of this Agreement, the parties enter into this Agreement on the year and day
first above written.
INSTRUCTOR" CITY"
ORANGE KARATE CENTER, INC., CITY OF ORANGE, a municipal corporation
a California corporarion
By: By:
Printe Na R' Ott ity Manager
Title:
By: w S' APPROVED AS TO FORM:
Printed Name:
Title:
Mary E. B' ing
Senior Assistant City Attorn
NOTE:If Instructor is a corporation,the City requires the following signature(s):
1) the Chairman of the.Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corporate officer ezists or one corporate
officer holds more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the egecution of the Agreement, must be provided to the City.
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