Item 18 - Amend Agreement for Pool Maintenance Services

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EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT WITH BLUERAY MANAGEMENT LLC TO OPERATE AND MANAGE ALL CITY POOLS THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 17, 2023, by and between Blueray Management, LLC, a California company ("Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-007 ("Agreement") dated January 21, 2020, to provide public pool management, including staffing, training, safety (lifeguard) services. B. On November 30, 2020, the parties exercised the first of two (2) optional one-year extensions of the Agreement through January 20, 2022 (A-2020-007-01). C. On January 18, 2022, the parties entered into a First Amendment to the Agreement (4A- 2022-004) to amend the Agreement to exercise the final provided extension term of the Agreement; increase the Scope of Work for operation services of the aquatics program and include maintenance of1he pools; increase the overall compensation for this Agreement to provide compensation for the increased services for maintenance, and the increased insurance costs related to the provision of the increased services; amend the payment schedule related to the maintenance services; and amend the Agreement to provide revised insurance requirements for inclusion of the increased scope and for services provided from the original Agreement. The Agreement is current and in -effect. D. City conferred with Provider to allow for an additional extension of the term of the Agreement while the City fulfills its required Request for Proposal process regarding services to operate and maintain the City pools. The parties wish to amend the Agreement to extend the term and increase the compensation to cover for services provided during this additional and final extended term, which includes anticipated repairs and replacements during the off-season. The Parties therefore agree: 1. Section 2.b, Compensation, is hereby amended to increase the overall not -to -exceed amount for this final extended term, to cover costs from the Agreement including an expected increase in maintenance and repair costs due to aging pool infrastructure, by an additional $200,000. 2. Section 3, Term, is amended to extend the term of the Agreement until June 30, 2023. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signature page to follow] Page t of 2