Item 18 - Aquatics Programs Management and Operation Services

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Page 1 of 4 FIRST AMENDMENT TO AGREEMENT WITH BLUERAY MANAGEMENT, LLC TO OPERATE AND MANAGE ALL CITY POOLS THIS FIRST AMENDMENT to the above-referenced agreement is entered into on January 18, 2022, 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). The Agreement is current and in- effect. C.The parties wish to amend the Agreement to exercise the final extension term of the Agreement; increase the Scope of Work for operation services of the aquatics program at city pools to include maintenance of the pools; increase the overall compensation for this Agreement to provide compensation for the increased services for maintenance, and increased insurance costs for provision of services from the Agreement and the increased scope of 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 Parties therefore agree: 1.Section 1, Scope of Work, is hereby amended to increase the scope of services, as detailed in the attached Exhibit A-1 to this First Amendment, for operation services of the aquatics program at city pools to include maintenance of the pools. 2.Section 2.b, Compensation, is hereby amended to increase the annual amount for this final extended term, to cover costs from the Agreement, the increased scope of services, and insurance costs, as detailed below, and shall not exceed $432,527. This annual not-to-exceed amount for this extended term includes a 10% contingency for services required at the sole discretion of the City. The total sum to be expended under this Agreement shall not exceed $771,461. The annual amount shall be paid out in monthly installments, as detailed in Exhibit A-2 to this First Amendment. 3.Section 3, Term, is amended to extend the term of the Agreement until January 20, 2023. 4.Section 5, Insurance, is amended to remove the original insurance requirements and replace said insurance requirements as follows: Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a.Minimum Scope and Limit of Insurance 1.Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance, which shall include, but not be limited to, protection Exhibit 1