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Exhibit 6 - First Amendment to the Maintenance General Services Agreement with HASA Inc dba Commercial Acquatic Services.pdf

Corona City Council
May 7, 2025

Document
Exhibit 6 - First Amendment to the Maintenance General Services Agreement with HASA Inc dba Commercial Acquatic Services.pdf
Meeting
May 7, 2025
Body
Corona City Council
Original file
608 KB
Text extracted from the city's file for reading and search. Open the original on pub-corona.escribemeetings.com. That file is the official record.

ORANGE\DDERLETH\55191.2 PTEAM 03102022

CITY OF CORONA

FIRST AMENDMENT TO

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH
HASA, INC. DBA COMMERCIAL AQUATIC SERVICES
(AS-NEEDED MAINTENANCE AND CHEMICAL SUPPLY FOR CITY OWNED POOL

AND SPLASH PAD FACILITIES)

1. PARTIES AND DATE.

This First Amendment to the Maintenance/General Services Agreement (“First Amendment”) is made and entered into this 7th day of May, 2025 by and between the City of Corona (“City”) and HASA Inc., DBA Commercial Aquatic Services a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.

2. RECITALS.

2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated September 19, 2024 (“Agreement”), whereby Contractor agreed to provide the professional maintenance and chemical supply for pool and splash pad facilities maintenance services.

2.2 Amendment. City and Contractor desire to amend the Agreement for the First time to increase the compensation, extend the term, and replace Exhibit “C” with Exhibit “C-1”.

3. TERMS.

3.1 Term. Section 3.1.2 of the Agreement is hereby deleted in its entirety and replaced with the following:
"The term of this Agreement shall be from July 1, 2024 to December 31, 2025 (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement."
Docusign Envelope ID: 5C96804D-5CDF-46D1-8269-CA6F803CF57A Docusign Envelope ID: C0396849-29EB-433D-9B33-5780B4172340 Docusign Envelope ID: E8F3A7FA-B2AB-4F36-98E1-B6C7684EFEC3 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022

3.2 Rates & Total Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
"Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-1” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed One Hundred and Fifty Thousand Dollars ($150,000) per fiscal year (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."

3.3 Exhibit “C-1”. Exhibit “C” (Compensation) of the Agreement is hereby deleted in its entirety and replaced with Exhibit “C-1” (Compensation) attached hereto and incorporated herein by reference.

3.4 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.

3.6 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 5C96804D-5CDF-46D1-8269-CA6F803CF57A Docusign Envelope ID: C0396849-29EB-433D-9B33-5780B4172340 Docusign Envelope ID: E8F3A7FA-B2AB-4F36-98E1-B6C7684EFEC3 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR

FIRST AMENDMENT TO

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH
HASA, INC. DBA COMMERCIAL AQUATIC SERVICES
(AS-NEEDED MAINTENANCE AND CHEMICAL SUPPLY FOR CITY OWNED POOL

AND SPLASH PAD FACILITIES)
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.

CITY OF CORONA
By: _________________________
Jacob Ellis
City Manager
Reviewed By: _________________________
Justin Tucker
Assistant City Manager
Reviewed By: _________________________
Donna Finch
Director of Community Services
Reviewed By: _________________________
Moses Cortez
Facilities, Parks & Trails Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest : _________________________
Sylvia Edwards
City of Corona City Clerk
Docusign Envelope ID: 5C96804D-5CDF-46D1-8269-CA6F803CF57A Docusign Envelope ID: C0396849-29EB-433D-9B33-5780B4172340 Docusign Envelope ID: E8F3A7FA-B2AB-4F36-98E1-B6C7684EFEC3 ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR

FIRST AMENDMENT TO

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH
HASA, INC. DBA COMMERCIAL AQUATIC SERVICES
(AS-NEEDED MAINTENANCE AND CHEMICAL SUPPLY FOR CITY OWNED POOL

AND SPLASH PAD FACILITIES)
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.

HASA, INC. DBA COMMERCIAL AQUATICS SERVICES
a California corporation
By: _________________________
Christopher Brink
CEO
By: _________________________
Ken Ward
CFO
Docusign Envelope ID: 5C96804D-5CDF-46D1-8269-CA6F803CF57A Docusign Envelope ID: C0396849-29EB-433D-9B33-5780B4172340 Docusign Envelope ID: E8F3A7FA-B2AB-4F36-98E1-B6C7684EFEC3 ORANGE\DDERLETH\55191.2 PTEAM 03102022
EXHIBIT “C-1”

COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates and total compensation set forth herein.

Rates:

Auburndale Pool $3,000
Citrus Splash Pad: $2,314.80
Ridgeline Splash Pad: $2,314.80
Miscellaneous repairs and maintenance on an as-needed basis.

BONDS
Each individual call-out under this Agreement is a separate project for purposes of the City’s bidding and purchasing requirements, including, but not limited to, its bond requirements provided for in Civil Code Section 9550, which mandates that the City require a payment bond for certain public work projects involving an expenditure in excess of $25,000.

Payment Bonds: Contractor shall provide a 100% payment bond for all individual call-out projects for which a project work order has been issued by the City in excess of $25,000.

Performance Bonds: Contractor shall be required to provide a 100% performance bond whenever the City indicates that one is required in the project work order issued for an individual call-out project.

Cost of Bonds: Whenever a bond is required by the City for an individual call-out project, Contractor will be able to include the costs of the bonds for that individual call-out.

Docusign Envelope ID: 5C96804D-5CDF-46D1-8269-CA6F803CF57A Docusign Envelope ID: C0396849-29EB-433D-9B33-5780B4172340 Docusign Envelope ID: E8F3A7FA-B2AB-4F36-98E1-B6C7684EFEC3

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