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INSURANCE NO[ ON FILL
<br />WORK MAY N0 T PROCEED A-2022-004
<br />COLERK OF COUNCIL
<br />DATE,
<br />FIRST AMENDMENT TO AGREEMENT WITH BLUE RAY MANAGEMENT, LLC
<br />TO OPERATE AND MANAGE ALL CITY POOLS
<br />THIS FIRST AMENDMENT to the above -referenced agreement is entered into on January 18, 2022, by
<br />C114
<br />=1 and between Blueray Management, LLC, a California company ("Provider"), and the City of Santa Ana, a
<br />7`4 charter city and municipal corporation organized and existing under the Constitution and laws of the State
<br />of California ("City").
<br />LLj RECITALS
<br />JWL
<br />A. The parties entered into Agreement No. A-2020-007 ("Agreement") dated January 21, 2020, to
<br />provide public pool management, including staffing, training, safety (lifeguard) services,
<br />13, On November 30, 2020, the parties, exercised the first of two (2) optional one-year extensions of
<br />the Agreement through January 20, 2022 (A-2020-007-01). The Agreement is current and in -
<br />effect.
<br />C. The parties wish to arriend the Agreement to exercise the final extension term of the Agreement;
<br />increase the Scope of Work for operation services of the aquatics program at city pools to include
<br />maintenance of the pools; increase the overall compensation for this Agreement to provide
<br />compensation for the increased services for maintenance, and increased insurance costs for
<br />provision of services from the Agreement and the increased scope of services; amend the payment
<br />schedule related to the maintenance services; and amend the Agreement to provide revised
<br />insurance requirements for inclusion of the increased scope and for services provided from the
<br />original Agreement,
<br />The Parties therefore agree:
<br />1, Section 1, Scope of Work, is hereby amended to increase the scope of services, as detailed in the
<br />attached Exhibit A -I to this First Amendment, for operation services of the aquatics program at city
<br />pools to include maintenance of the pools.
<br />2. Section 2.b, Compensation, is hereby amended to increase the annual amount for this final extended
<br />term, to cover costs from the Agreement, the increased scope of services, and insurance costs, as
<br />detailed below, and shall not exceed $432,547. This animal not -to -exceed amount for this extended
<br />term includes a 10% contingency for services required at the sole discretion of the City. The total sum
<br />to be expended under this Agreement shall not exceed $771,461. The annual amount shall be paid out
<br />in monthly installments, as detailed in Exhibit A-2 to this First Amendment.
<br />3. Section 3, Term, is amended to extend the term of the Agreement until January 20, 2023.
<br />4. Section 5, Insurance, is amended to remove the original insurance requirements and replace said
<br />insurance requirements as follows:
<br />Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall
<br />require its subcontractors, if any, to obtain and maintain insurance as described below.
<br />a. Minimum Scope and Limit of Insurance
<br />Commercial General Liability Insurance. Provider shall maintain commercial
<br />general liability insurance, which shall include, but not be limited to, protection
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