1 FIRST MODIFICATION OF INSTRUCTOR AGREEMENT NO. 4929
This First Modification of Instructor Agreement Number 4929 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Peter Fox, an individual (“Contractor”), is made with reference to the following:
RECITALS
A. On or about June 27, 2022, the City and Contractor entered into Agreement Number 4929 to provide instruction in specified recreational activities as part of the recreational programs sponsored by the City of Santa Monica through its Community Services Department (“Original Agreement”).
B. The City and Contractor desire to modify the Original Agreement to extend the contract term, permit City to audit Contractor’s services to ensure compliance with Abuse Prevention Standards and Requirements, Live Scan, and other agreement requirements as specified below, and remove reference to COVID-19 vaccination requirements to no longer apply to the Agreement.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on June 30, 2024, unless terminated earlier as set forth in the Original Agreement. Should the parties mutually agree to renew this Agreement for up to one additional one-year period, the parties agree that Contractor will provide Services under the same conditions contained herein.
2. Section 3 of the Original Agreement entitled “Child Protection” shall be modified by adding the following paragraphs:
3.4 Contractor agrees that City may conduct scheduled or random audits of the Services to ensure compliance with Section 3, and other requirements, that are specified and incorporated in this Agreement to protect children.
3.5 City, in its sole and complete discretion, may suspend or terminate this Agreement immediately if Contractor fails to comply with Section 3, the Live Scan requirement pursuant to Section 12, or the Abuse Prevention Standards and Requirements as outlined in Exhibit D. City will provide Contractor with written notice of any suspension or termination under this section, which will be effective immediately.
DocuSign Envelope ID: DEBA3B84-15E3-4AA4-8E10-3FE0B67E49DF 6/13/2023
2 3. Section 14 of the Original Agreement entitled “COVID-19 Vaccinations” shall be deleted in its entirety.
4. Section 30 of the Original Agreement entitled “Exhibits” shall be modified by deleting reference to Exhibit E COVID Vaccination Policy.
5. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
6. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: DEBA3B84-15E3-4AA4-8E10-3FE0B67E49DF City Attorney
DOUGLAS SLOAN
6/6/2023
6/6/2023
PeteFoxTennis
Peter Fox
Independent Contractor
6/13/2023
David White
City Manager
Denise Anderson-Warren
6/14/2023
City Clerk