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IPA` -'.iR� <br />RECREATI ON SERVI CES AGREEM ENT <br />N- 2012 -062 <br />J y <br />THIS AGREEMENT, made and entered into this 24th day of April, 2012 by and between <br />Blueray Management, LLC, a California limited liability company (hereinafter `Provider "), and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The Citv desires to retain a recreation service provider having special skills, resources and <br />knowledge to manage the City's aquatics programs at City pools. <br />B. Provider represents that Provider is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Provider represents that it is <br />knowledgeable in its field and that any services performed by Provider under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERV I CES <br />The Provider shall provide a comprehensive recreational swim program, including learn- <br />to -swim lessons, water polo and swim team programs that benefit the youth of the City, as set <br />forth in Exhibit A. attached to this Agreement and incorporated by this reference. The Provider <br />shall manage all aquatics programming at the five city pools (Memorial, El Salvador, Jerome, <br />Santa Anita, and Salgado), with the exception of recreation swim. The Provider shall be <br />responsible for all program operation, payroll and related expenses related to learn -to -swim <br />lessons, swim team and water polo. The City shall be responsible for all maintenance, gas, water, <br />electricity and related facility expenses, and recreation swim sessions at all five city pools. This <br />Agreement is designed to benefit the youth and families of Santa Ana by offering additional <br />aquatic programs to the community. <br />2. COMPENSATION <br />In consideration for the right to use the City facilities, Provider shall be responsible for all <br />program costs (except those facility costs to be assumed by the City as set forth above) and shall <br />have the right to collect all registration fees as set forth in Exhibit A, and retain all program <br />revenues. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2012 unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of Parks, <br />Recreation and Community Services and the City Attorney. <br />