HomeMy WebLinkAbout05 AUTHORIZATION FOR SECOND AMENDMENT TO THE ALL CITY MANAGEMENT SERVICES CROSSING GUARD AGREEMENTAGENDA REPORTRTv Ree eAgenda
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MEETING DATE: SEPTEMBER 17, 2019
TO: MATTHEW S. WEST, CITY MANAGER
FROM: STU GREENBERG, CHIEF OF POLICE
City Manager
Finance Director
SUBJECT: AUTHORIZATION FOR SECOND AMENDMENT TO 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
2019 — 2020 City of Tustin school year and the 2020 — 2021 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. This contract will complete the agreement.
RECOMMENDATION
1. Approve and execute the second 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 15,750 hours of school crossing guard service for the 2019 — 2020
school year, and 15,750 hours of school crossing guard service for the 2020 — 2021
school year; and
2. Supplemental appropriation of $18,102.50 from un -appropriated reserves of the General
Fund (Fund 100).
FISCAL IMPACT
The amount of $298,000.00 has been budgeted and appropriated in Fiscal Year 2019 — 2020.
The All City Management Services, Inc. contract amount for the 2019 — 2020 school year is
$316,102.50, and the amount for the 2020 — 2021 school year is $336,892.50. As such, a
supplemental appropriation of $18,102.50 has been requested for the first year of this 2 -year
contract.
Authorization for 2nd Amendment to the ACMS Crossing Guard Services Agreement
September 17, 2019
Page 2 of 2
The 2020 — 2021 school year contract amount will be incorporated with the Fiscal Year 2019 —
2021 biennial budget update. The cost increase between the prior contract and the 2019 — 2020
and 2020 — 2021 school years are due to the State of California minimum wage mandated
increase. The 2019 — 2020 rate is $20.07 per hour, and the 2020 — 2021 rate will increase to
$21.39 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.
BACKGROUND
In the on-going budget process for the 2019 — 2020 and 2020 — 2021 fiscal years, 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 exceptions of the first amendment (May 5, 2018) and this second
amendment, bringing the contract year current, as well as maintaining the state mandated
minimum wage increases.
TU GREE G SARA FL-rrTERNhG
Chief of Polme Traffic Sergeant.
Attachments:
1. Crossing Guard Services Agreement, August 5, 2014
2. First Amendment to Crossing Guard Services Agreement, May 5, 2018.
3. Second Amendment to Crossing Guard Services Agreement
ATTACHMENT NO. 1
CROSSING GUARD SERVICES AGREEMENT
This Agreement for Crossing Guard Services (herein "Agreement"), is made
and entered into this 5tt' 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 marked
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:
1. 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 w:th L-�w. 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.
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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,Paymen#. 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 Changes. 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;
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1003504. j
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 Majeure. 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
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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 Assignment. 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' compensat;on, 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.
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003504
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. VII 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
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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 5.1B 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 Document-. 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 materals 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
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00 504.
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 Legal 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.
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3003504.1
8. CITY OFFICERS AND EMPLOYEES, NON DISCRIMINATION
8.1 Non -Liability of City Officers and E mployees 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 A ainst 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 lntegrat-�d Aqr-ement. 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 t me
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
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_003504.1
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement,
which shall be interpreted to carry out the intent of the parties hereunder
95 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 WITNI SS WHEREOF, the parties have executed this Agreement as of
the dates stated below_
"City"
Dated. 09-057 - aUIL� CITY OF TUSTIN. a municipal corporation
By
#rarf Celano
Chief of Police
P ROVEIS S O FORM;
';
David E. Ken ig
City Attorney
"Contractor"
ALL CITY MANAGEMENT SERVICES,
INC., a California coraoration
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ATTACHMENT NO. 2
FIRST AMENDMENT TO
CROSSING GUARD SERVICES AGREEMENT
THIS FIRST AMENDMENT TO CROSSING GUARD SERVES AGREEMENT
("First Amendment") is made and entered into to be effective this nth day of CW
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 $1.7.17 per crossing guard; with a not to exceed
annual cost of .$270,427.50. For contract year five (August E, 2018 to August 5,
2.019), Contractor shall be compensated and reimbursed at the hourly rate of $18.52
per crossing guard, with a not to exceed annual cost of $291,690.0.0.
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:
1.4 Term.. unless earlier terminated in accordance with Section 7.5 of
this Agreement, this Agreement sha11 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, a]I 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]
! 3116951.1 2
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of
the dates stated below.
Date: AhTs�O/F
APPROVED AS TO FORM:
David E. K ndfg,
City Attorney
Dater / f
Date:
1306951.1 3
gzC ity 71
CITY OF TUSTIN, a municipal
corporation
B
Celano, Jr.,
Chief of police
"Contractor"
ALL CITY MANAGEMENT SERVICES,
INC.,
Attachment "1"
Client Worksheet(s) 2017-2018 and 2018-201.9
I.P695.1.1 .4
Client Worksheet 2017 - 2018
Department:: 7701.
Billing Rate for 20.1712018: $17.17
City of Tustin
3Ofl 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 earlyrelease daylweek,.use 1.44 regular days and 36 miniFnum days
Summer School
For sclio.ols with.Summer School sessions .use 19:days
Sites with traditional calendar:
25 Sites at 3.5 hrs. per day
87:5
'Total
X
Summer School Sites.
No estimate for Summer School based on 2016
180 _ 1 $17.17 1 1..................... - ..-$270,427.50.
dayslyr X Hourly Billing
TOTAL PROJECTED HOURS. .15750 TOTAL ANNUAL PROJECTED COST $270,427.5.0
All City Management. Services Inc.
Client Wor"heet.2018 - 2019
I]e artment:7701
]Billing Rate for 201812019: $18.52.
City of Tustin
300 Centennial Way
Tustin, CA 9278D
KEY:
Traditional Calendar:
For sites. with no regularIy.scheduled early release days, .use 1.8.4 regular days
Sites -with .traditional .calendaar:
ATTACHMENT NO. 3
SECOND AMENDMENT TO
CROSSING GUARD SERVICES AGREEMENT
THIS SECOND AMENDMENT TO CROSSING GUARD SERVICES
AGREEMENT ("Second Amendment") is made and entered into to be effective this to
day of 2019, 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 2019-
2020 and 2020-2021 to reflect changes in the state mandated minimum wage, subject to
the terms and conditions set forth in this Second Amendment. This contract will complete
the agreement and the next contract will go out to bid.
NOW, THEREFORE, based upon the foregoing Recitals, City and Contractor
agree as follows:
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,
1306951.1
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
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. For contract
year six (August 1, 2019 to August 6, 2020), Contractor shall be compensated and
reimbursed at the hourly rate of $ 20.07 per crossing guard, with a not to exceed
annual cost of $316,102.50. For contract year seven (August 6, 2020 to June 30,
2021), Contractor shall be compensated and reimbursed at the hourly rate of $21.39
per crossing guard, with a not to exceed annual cost of $336,892.50. 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 seven (7)
years commencing on August 5, 2014 and ending June 30, 2021 unless extended
by mutual written agreement of the Parties."
4. Attachment 1 to this Second Amendment is hereby appended to and made
a part of the Agreement as Exhibit "C" thereof.
5. Except as modified by this Second Amendment, all terms and conditions of
the Agreement shall remain unchanged and in full force and effect.
6. The persons executing this Second Amendment on behalf of the Parties
warrant that they are duly authorized to execute this Second Amendment on behalf of
said Parties, and that by so executing this Second Amendment the Parties are formally
bound to the provisions of this Second Amendment.
[Signatures of Following Page]
1306951.1 2
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as
of the dates stated below.
Date:
APPROVED AS TO FORM:
David E. Kendig,
City Attorney
Date:
Date:
1306951.1 3
"City"
CITY OF TUSTIN, a municipal
corporation
IN
Stu Greenberg,
Chief of Police
"Contractor"
ALL CITY MANAGEMENT SERVICES,
INC.,
By:
By:
Attachment "1"
Client Worksheet(s) 2019-2020 and 2020-2021
1306951.1
All City Management Services Inc.
Client Worksheet 2019- 2020
Department: 7701
Billing Rate for 2019/2020: $20.07
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:
1_ 87.5 1 1 180 1 1 $20.07 1 $316,102.50
25 Sites at 3.5 hrs Der day Total Hrs/dav X days/vr X Hourly Billine Rate
TOTAL PROJECTED HOURS 15750 TOTAL ANNUAL PROJECTED COST $316,102.50
All City Management Services Inc.
Client Worksheet 2020- 2021
Department: 7701
Billing Rate for 2020/2021: $21.39
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 1 1 180 1 1 $21.39 1 _ 1 $336,892.50
25 Sites at 3.5 hrs ver day Total Hrs/day X days/yr X Hourly Billing Rate
TOTAL PROJECTED HOURS 15750 TOTAL ANNUAL PROJECTED COST $336,892.50