HomeMy WebLinkAbout2022 CON Exos Community Services LLC - Swim Classes - Second AmendmentDocuSign Envelope ID: 20FDC751-E6C24DA5-8BBC-CEC99SA1 1C2C
SECOND AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
EXOS COMMUNITY SERVICES, LLC.
THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 21st
day of June, 2022, by and between the CITY OF NATIONAL CITY, a municipal
corporation ("CITY"), and EXOS Community Services, LLC, a New Jersey limited liability
company (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY and the CONTRACTOR (collectively referred to as the
"parties") entered into an Agreement- on July 18, 2020 ("the Agreement"), wherein the
CONTRACTOR agreed to provide open swim, learn -to -swim classes, learn -to -swim
classes for third grade students in the National School District, aquatic exercise classes,
lap swimming, and facility rentals for athletic teams or clubs at Las Palmas Pool, located
at 1800 East 22' Street, National City, CA 91950; and
WHEREAS, originally Article 2, Length of the Agreement, established the term of
the Agreement as July 18, 2020 through June 30, 2021; and
WHEREAS, on June 18; 2021, the parties agreed to the First Amendment of the
Agreement ("First Amendment") allowing the parties to mutually agree to extend the
Agreement for up to two (2) additional one-year terms. In the First Amendment, the parties
agreed to use the first of the .additional one-year terms to amend Article 2, Length of the
Agreement to extend the term of the Agreement to July 1, 2021 through June 30, 2022;
and
WHEREAS, the parties again desire to amend Article 2, Length of the Agreement,
to extend the term of the Agreement to July 1, 2022 through December 31, 2022.
AGREEMENT.
NOW, THEREFORE, the parties hereto agree that:
1. The City and EXOS hereby replace Exhibit B ("2021-2022 Las Palmas Pool
Budget") to the Agreement, in its entirety, with the attached Exhibit B ("July 2022
December 2022 Las Palmas Pool Budget"), which revises the payroll and staffing
expenses, marketing and administrative costs, and monthly base management
fee.
Amended Agreement
Page 1 of 2 City of National City and
Revised March 2021 EXOS Community Services, LLC
DocuSign Envelope ID: 0F0C751-E-4DA5-8BBC- EG 93A11 C .0
2. Length of Agreement. Pursuant to Article 2 of the First Amendment, the city
and EXOS hereby agree to amend Article 2 of the Agreement to again extend the
Agreement by six (6) months, through December 3172022.
3. Compensation. The 'CITY and the CONTRACTOR hereby agree that,
effective as of the date of this Second Amendment to the Agreement, Section 3 of
the Agreement is hereby amended as follows: The total compensation to
CONTRACTOR for providing the services set forth herein shall not exceed a total
cost of $50,000. The compensation for CONTRACTOR'S Services shall be based
upon and not exceed the rates set forth in Exhibit B ("2022-2023 Las Palmas Pool
Budget"), which is attached hereto without prior written authorization from the
CITY.
4. The parties further agree that, with the foregoing exceptions, each and
every other term and provision of the July 18, 2020 Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
fop
ra Sot-'C:-Solis, (Name
Ma or
Y
APPROVED AS TO FORM:
By:
Charles E. Bell Jr.
City Attorney
Amended Agreement Page 2 of
By: By.
By:
EXOS COMMUNITY SERVICES, LLC
(Corporation — signatures of two
corporate officers required)
(Partnership or Sole proprietorship — one
signature) Do uSigned by:
Ndt, bOvrop,
Bll1 Bourque
(Print)
chief operations officer
(Title)
Do uSigned by:
ltt4n Ataki,k,
F2595555300847A.
(Name)
Marc Mandel
(Print)
SVP, General counsel
(Title)
City of National City and
Revised March 2021 EXOS Community Services, LLC
Las Palmas Pool Budget
Expenses
Payroll and Staffing Expenses
Salary -Managers
Wages -Guards for recreational swim and lessons"
Wages -Administrative staff for recreational swim/public access
Wages- Masters
Wages -Swim Team
Wages-Courses/Certification/Clinics
Wages -Guards for Sweetwater Unified High Schoor District programs
Wages -Guards for Rental Groups
Wages -Aquatic Group Exercise Classes
Payroll Burden-24% of payroll
Sub -Total
Exhibit B
July 2022 - December 2022
Las Palmas Pool Budget
2022 2022 2022 2022 2022 2022 3udget Q1/2 Fiscal 22/23
July August September October November December Totals
5,350.00 5,350.00 5,350.00 5,350.00 5,351100 5,350.00
0.00 0,00 0.00 0.00
0.00 0.00 0.00 0,00
0.00 0.00 0.00 0,00
0.00 0.00 0.00 0.00
0.00 0.00 0,00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0,00
0.00 0.00 0.00 0,00
1,284.00 1,284.00 1.284.00 1,284,00 1.284.00 1,284.00
6,634.00 6,634.00 6.634.00 6,634.00 6,634.00 6.634,00
Marketing and Administrative Costs
Adv & Mktg -Other 0.00 0.00 0.00 0.00
Dues & Membership 215.00 215.00 215,00 215.00
Meeting Expense (manadatory monthly staff meetings) 0.00 0.00 0.00 0.00
Uniforms 0.00 0.00 0.00 0.00
Locker Room Supplies/Janitorial 0.00 0.00 0.00 0.00
Office Supplies & Expenses 0.O0 0.00 0.00 0.00
Travel -Mileage Reimbursement/Parking/Tolls 0.00 0,00 0.00 0.00
Program Supplies & Expenses 0.00 0.00 0.00 0.00
Sub -Total 215.00 215.00 215.00 215.00
Base Management Fee
1,365.00 1,365.00 1.365.00 1,365 00
0.00
215.00
0.00
215.00
215.00 215.00
1,365.00 1,365.00
$32,100.00
$0.00
$0.00
$ 0.00
$0.00
$0.00
S0.0 0
$0.00
$0.00
$7,704.00
S39,804.00
Sub Total Expenses 8,214.00 8,214.00 8,214.00 8,214.00 8,214.00
8,214.00
$0.00
$►1,290.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$11290.00
$8,1 90.00
$49,284.00