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HomeMy WebLinkAbout04 AUTHORIZATION TO AMEND THE ALL CITY MANAGEMENT SERVICES (ACMS) INC. CROSSING GUARD SERVICES AGREEMENTREPAO RT Agenda Item 4 AGEND Reviewed.- City eviewed.City Manager Finance Director MEETING DATE: MAY 1, 2018 TO: JEFFREY PARKER, CITY MANAGER FROM: CHARLES F. CELANO, CHIEF OF POLICE SUBJECT: AUTHORIZATION TO AMEND THE ALL CITY MANAGEMENT SERVICES (ACMS) INC. CROSSING GUARD SERVICES AGREEMENT SUMMARY The crossing guard contract with All City Management Services, Inc. is up for renewal for the 2017 — 2018 City of Tustin school year and the 2018 — 2019 City of Tustin school year. In August of 2014, the City of Tustin entered into a 3 -year contract agreement with All City Management Services, Inc. to provide crossing guard services for the City of Tustin. The original contract was authorized for the 2014 — 2015, 2015 — 2016, and 2016 — 2017 school years. The original contract allows the City of Tustin the option to extend the terms of the agreement for two (2) additional two-year terms. RECOMMENDATION Approve and execute a 2 -year amendment to the existing contract entered into on August 5, 2014, with All City Management Services, Inc. and the City of Tustin in order to provide 13,860 hours of school crossing guard service for the 2017 — 2018 school year, and 15,750 hours of school crossing guard service for the 2018 — 2019 school year. FISCAL IMPACT 2017 — 2018 school year: $270,427.50 funds budgeted in 100-50-32-6010 Professional and Consulting fund. 2018 — 2019 school year: $291,690.00 funds budgeted in 100-50-32-6010 Professional and Consulting fund. The cost increase between the 2017 - 2018 school year and 2018 — 2019 school year is due to the State of California minimum wage mandated increase. The 2017 — 2018 rate is $17.17 per hour, while the 2018 — 2019 rate will increase to $18.52 per hour. CORRELATION TO THE STRATEGIC PLAN Goal B: Public Safety and Protection of Assets — Ensure Tustin is an attractive, safe and well maintained community in which people feel pride. 2. Enhance Tustin's readiness to respond to major disasters. Authorization to Extend the ACMS May 1, 2018 Page 2of2 BACKGROUND Crossing Guard Services Contract In the on-going budget process for the 2017 — 2018 fiscal year, funds have been budgeted for the extension of the All City Management Services Crossing Guard Services Agreement for a term of two (2) years to provide school crossing guard services. The crossing guard service provides 25 crossing guards to cover 16 school sites throughout the City of Tustin during the traditional and year-round school schedules of 180 school days. Analysis of the program since the changes made in 2009 have shown traffic flow around the schools has improved significantly; no public safety issues have been discovered. More parents are walking their children to school and the children are walking in large groups for safety. This is an amendment to the original agreement entered into August 5, 2014. The agreement stands unchanged with the exception of this amendment, bringing the, contract year current, as well as maintaining the state mandated minimum wage increases. CHARLES F. CELANO, JR. Chief of Police il#Kll1-D RYAN COE Traffic Sergeant Attachments: 1. Crossing Guard Services Agreement, August 5, 2014 2. Confirmation of Interest in Extension of Agreement, March 12, 2018 3. Amendment to Agreement between All City Management Services, Inc. and the City of Tustin for Providing School Crossing Guard Services �rtrr�����iL•� CROSSING GUARD SERVICES AGREEMENT This Agreement for Crossing Guard Services (herein "Agreement"), is made and entered into this 51t'day of August 2014 by and between the CITY OF TUSTIN, a municipal corporation ("City"), and All City Management Services, Inc., a California corporation ("Contractor"). RECITALS WHEREAS, City requires the services of a qualified contractor equipped and trained in appropriate procedures for crossing pedestrians in designated marred crosswalks for general pedestrian safety and school crossing areas in the City of Tustin ("Project"). WHEREAS, Contractor submitted to City a proposal, dated July 5, 2014, a copy of which is attached hereto as Exhibit "A", in response to the City's Request for Proposal, dated May 29, 2014, a copy of which is attached hereto as Exhibit "B". (Exhibits "A" and "B" are collectively referred to as the "Proposal"). WHEREAS, based on its experience, education, training, and reputation, Contractor is qualified to provide the necessary services to City for the Project and desires to provide such services. WHEREAS, City desires to retain the services of Contractor for said Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows: SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the Proposal (the "services" or the "work"). Contractor warrants that all services shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Proposal and the specific terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of the City of Tustin and of any federal, state or local governmental agency of competent jurisdiction. 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor has carefully considered how the work should be performed and fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2. COMPENSATION 2.1 Compensation of Contractor. For the services rendered pursuant to this Agreement, Contractor shall be compensated and reimbursed at the hourly rate of $14.17 per crossing guard, with a not to exceed cost of $196,397 for contract year one. For contract year(s) two and three, the Contractor's hourly rate will increase to $15.26 per crossing guard, with a not to exceed annual cost of $211,504. 2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall, no later than the first working day of such month, submit to City in the form approved by City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Payments shall be based on hourly rates for authorized services performed. City shall pay Contractor for all expenses stated thereon which are approved by City consistent with this Agreement, no later than the last working day of said month. 2.3 Chancres. The City shall have the right to determine the hours and locations when and where such services and work shall be furnished by Contractor. The City Contract Officer, on behalf of the City, shall be authorized to add to, delete from, or revise the work schedule/locations at any time and shall notify the Contractor in writing of any changes. Such a change shall not require a written amendment to this Agreement. Except as provided above, in the event any change or changes in the work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional Contractor's fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product or work; 2 1003504.1 B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Subject to Section 2.3, all services rendered pursuant to this Agreement shall be performed within the time periods prescribed in the City's Request for Proposal, attached hereto as Exhibit "B". 3.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if the Contractor shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.5 of this Agreement, this Agreement shall continue in full force and effect for three (3) years commencing on August 5, 2014, and ending August 5, 2017 ("Initial Term"). Upon expiration of the Initial Term, the City Contract Officer may, at his sole option and discretion, and subject to the same pricing and terms contained herein, extend the Term of this Agreement for two (2) additional two-year terms. 4. COORDINATION OF WORK 4.1 Representative of Contractor. The following Principal of the Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Patricia Pohl, Director of Operations. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services 3 1003504.1 hereunder, The foregoing Principal may not be changed by Contractor without the express written approval of City, 4.2 Contract Officer, The Contract Officer shall be Sergeant Brian Greene, Tustin Police Department, Traffic Unit. It shall be the Contractor's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assi nment, The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement„ Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor, A. The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the services and work under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor. B. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. 4 1003504.1 C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of services and work performed by Contractor under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing services and work hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations. 5. INSURANCE / INDEMNIFICATION 5.1 Insurance. A. Contractor shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $5,000,000 combined single limit coverage per occurrence. B. Contractor shall carry and pay for such workers' compensation insurance as is required to fully protect Contractor and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. C. Other applicable insurance requirements are: (1) Name the City, its officials and employees as an additional insured on the commercial, general and automobile policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, Vli or better (if an admitted carrier) or A-, X (if offered, by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B -VIII or better or from the State Compensation Fund. (3) The Insurance shall not be cancelled, except after thirty (30) days written prior notice to the City;; and (4) The commercial general and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. D. Upon execution of this Agreement. Contractor shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the policy binder if 5 Aao��aa.i applicable) shall be provided as evidence of meeting the requirements of Subsections (1) (3) and (4) of Section 5,1C above and the waiver of subrogation requirement in Section 5.113 above. If self-insured for worker's compensation, Contractor shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations, 5.2 indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold harmless the City, its elected officials, officers, directors, employees, agents, and volunteers (collectively, the "Indemnified Parties") from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including property owned by City, or for any violation of any federal, state, or local law or ordinance, arising out of, pertaining to, or related to Contractor's or its officers', directors', employees', agents', or volunteers' performance under this Agreement, except for such loss as may be caused by an Indemnified Party's sole negligence. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification or other liability hereunder. 6. RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents,. All drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. 6.4 Release of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance ;.003504.1 of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer_ 7. ENFORCEMENT OF AGREEMENT 7,1 California Law, This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 Le -gal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy consistent with the purposes of this Agreement. 7.5 Termination Prior to Expiration of Term. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that where termination is due to the fault of the Contractor and constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such shorter time as the City's Contract Officer in his sole discretion determines is appropriate. Upon receipt of the notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. 1003504.1 8. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION 8.1 Non -Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor -in - interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: To Contractor: TUSTIN POLICE DEPARTMENT ALL CITY MANAGEMENT SERVICES 300 Centennial Way 10440 Pioneer Blvd., Ste. #5 Tustin, CA 92780 Santa Fee Springs, CA 90670 Attention: Traffic Unit Attention: Director of Operations 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severabilfty. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the 8 remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated; 09 _0&_ aalL� AP� ROVE[5'AS TO FORM; David E. Ken ig -x City Attorney 10MC44,1 "City" CITY OF TUSTIN, a municipal corporation By(::::::; i Zs �C�e I nano Chief of Police 9 "Contractor" ALL CITY MANAGEMENT SERVICES, ATTACHMENT NO. 2 March 12, 2018 Sgt. Ryan Coe City of Tustin. 300 Centennial Way Tustin, CA 92780 It is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement with the City of Tustin for Crossing Guard Services through the 2018-2019 fiscal year. As you may know California has mandated minimum wage increases for the next 4 years. Wages were just increased .50 cents in January of this year to $11.00 per hour. Effective January 2019 minimum wages will increase another $1.00 to $12.00 per hour. Minimum wages are scheduled to increase $1.00 for each of the subsequent_3 years to follow. For each dollar of wages we pay approximately .35 cents in taxes, fees and insurance. To keep pace with these mandated increases we must request an increase in your billing rate from. $18.52 for the 2018-2019 fiscal year and $20.07 for the 2019-2019 fiscal year. To facilitate the calculation of the annual program cost we have developed and included with this letter a Client Worksheet. This Worksheet is our best estimation of the hours and cost of your program based on the proposed price increase. I would also like to take this opportunity to introduce you to our Client Portal assessed through our website (www thecrossinag_uardcorn�aany.com or www.acrossafe ..com). Through our portal you have access to all the documents and information related to your Crossing Guard Program. This includes; Contracts, Amendments, Site Locations (powered Google Maps to see each site), General Liability Insurance Certificates and Workers Compensation Insurance Certificates. To request access the new portal please send an email to clients(t).acrnssafety com.with the following information: n Full Name * Title a Direct phone number Once you submit the above information, you will receive an email from "WordPress' which has a link that will prompt you to setup a password. You will then have immediate access to the above referenced information. While we remain committed to providing a safe, cost-effective and professional School Crossing Guard Program we hope you will find this new pricing acceptable. If you have any questions or need additional information please contact me at (800) 540-9290. Take care. A a e IfAdministrative Services Corporate Secretary as -Me Cnag909 (9mand Cany"goy" 10440 Pioneer Blvd., Ste. #5, Santa Fe Springs, CA 90070.310-202-8284 o 800-540-929{1 • FAX 310-202-8325 ATTACHMENT NO. 3 FIRST AMENDMENT TO CROSSING GUARD SERVICES AGREEMENT THIS FIRST AMENDMENT TO CROSSING GUARD SERVICES AGREEMENT ("First Amendment") is made and entered into to be effective this 1h day of 2018, by and between the CITY OF TUSTIN, a municipal corporation ("City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation ("Contactor"). City and Contractor are sometimes referred to herein collectively as the "Parties". RECITALS A. City and Contractor entered into that certain Crossing Guard Services Agreement on August 5, 2014 ("Agreement") for services related to safely crossing pedestrians in designated crosswalks and school crossing areas in the City of Tustin: and B. The Parties mutually desire to extend the term of the Agreement for two additional years and to increase Contractor's hourly billing rates for contract years 2017- 2018 and 2018-2019 to reflect changes in the state mandated minimum wage, subject to the terms and conditions set forth in this First Amendment. NOW, THEREFORE, based upon the foregoing Recitals, City and Contractor agree as follows: 1. Section 1.1 of the Agreement is hereby amended and restated in its entirety to read as follows: "1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the Proposal, inclusive of Exhibits "A", "B", and "C" attached hereto (the "services" or the "work"). Contractor warrants that all services shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in Proposal and specific terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern." 2. Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows: "2.1 Compensation of Contractor. For the services rendered pursuant to this Agreement, Contractor shall be compensated and reimbursed at the hourly rate of $14.17 per crossing guard, with a not to exceed annual cost of $196,397.00 for contract year one (August 5, 2014 to August 5, 2015). For contract year two (August 6, 2015 to August 5, 2016) and contract year three (August 6, 2016 to August 5, 2017), Contractor shall be compensated and reimbursed at the hourly rate of $15.26 per crossing guard, with a not to exceed annual cost of $211,504.00. For contract 1306951.1 year four (August 6, 2017 to August 5, 2018), Contractor shall be compensated and reimbursed at the hourly rate of $17.17 per crossing guard, with a not to exceed annual cost of $270,427.50. For contract year five (August 6, 2018 to August 5, 2019), Contractor shall be compensated and reimbursed at the hourly rate of $18.52 per crossing guard, with a not to exceed annual cost of $291,690.00. Notwithstanding the foregoing, the annual not to exceed amounts may be modified to reflect changes to service hours and locations made at the request of the City Contract Officer pursuant to Section 2.3 of this Agreement. In no event, however, may the hourly rates set forth above be modified absent a written amendment entered into pursuant to Section 9.3 of this Agreement." 3. Section 3.4 of the Agreement is hereby amended and restated in its entirety to read as follows: "3.4 Term. Unless earlier terminated in accordance with Section 7.5 of this Agreement, this Agreement shall continue in full force and effect for five (5) years commencing on August 5, 2014 and ending August 5, 2019 unless extended by mutual written agreement of the Parties." 4. Attachment 1 to this First Amendment is hereby appended to and made a part of the Agreement as Exhibit "C" thereof. 5. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain unchanged and in full force and effect. 6. The persons executing this First Amendment on behalf of the Parties warrant that they are duly authorized to execute this First Amendment on behalf of said Parties, and that by so executing this First Amendment the Parties are formally bound to the provisions of this First Amendment. [Signatures of Following Page] 1306951.1 2 IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates stated below. Date: APPROVED AS TO FORM: David E. Kendig, City Attorney "C i ty" CITY OF TUSTIN, a municipal corporation By: Charles Celano, Chief of Police "Contractor" ALL CITY MANAGEMENT SERVICES, INC., Date: By: Date: 1306951.1 3 By: Attachment "1" Client Worksheet(s) 2017-2018 and 2018-2019 1306951.1 All City Management Services Inc. Client Worksheet 2017 - 2018 Department: 7701 Billing Rate for 2017/2018: $17.17 City of Tustin 300 Centennial Way Tustin, CA 92780 KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days Summer School For schools with Summer School sessions use 19 days Sites with traditional calendar: 1 87.5 1 1 1801 I $17.17 = $270,427.50 25 Sites at 3.5 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate Summer School Sites No estimate for Summer School based on 2016 TOTAL PROJECTED HOURS 15750 TOTAL ANNUAL PROJECTED COST $270,427.50 All City Management Services Inc. Client Worksheet 2018 - 2019 Department: 7701 Billing Rate for 2018/2019: $18.52 City of Tustin 300 Centennial Way Tustin, CA 92780 KEY:' Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days Sites with traditional calendar: 87.5 180 $18.52 = 1 1 $291,690.00 25 Sites at 3.5 hrs ver day Total Hrs/dav X days/vr X Hourlv Billina Rate TOTAL PROJECTED HOURS 15750 TOTAL ANNUAL PROJECTED COST $291,690.00