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HomeMy WebLinkAbout06 SECOND AMENDMENT TO ALL CITY MANAGEMENT SERVICES CONTRACTDocusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC �Y AGENDA REPORT Is MEETING DATE TO: FROM: SUBJECT: SUMMARY JULY 21, 2026 ALDO E. SCHINDLER, CITY MANAGER SEAN THUILLIEZ, CHIEF OF POLICE Agenda Item 6 Reviewed: City Manager a`VS Finance Director SECOND AMENDMENT TO ALL CITY MANAGEMENT SERVICES INC. CONTRACT The City's contract with All City Management Services, Inc. for school crossing guard services is set to expire and requires renewal for the 2026 to 2027 Tustin Unified School District school year. A contract extension proposes All City Management Services, Inc. would continue to provide 25 crossing guards, assigned to 25 crossing guard locations, designed to support 10 school campuses throughout the City. The total not to exceed proposed cost for crossing guards services for the 2026-2027 school year is approximately $600,000. RECOMMENDATION It is recommended the City Council authorize: 1. Authorize the City Manager, or designee, to execute the Second Amendment to the existing crossing guard services contract with All City Management Services, Inc. to provide school crossing guard service for the 2026 — 2027 school year including adjustments of up to ten percent (10%) of the contract amount to accommodate approved changes in staffing levels, fee increases, or other necessary program modifications during the contract term. FISCAL IMPACT The Fiscal Year 2026-2027 General Fund Operating Budget has sufficient appropriation to fund this agreement. CORRELATION TO THE STRATEGIC PLAN The proposal supports the implementation of Goal B: Public Safety and Protection of Assets: Ensure Tustin is an attractive, safe, and well -maintained community in which its residents feel pride. Docusign Envelope ID: 925292DA-3C22-836C-81C8-1E9AE2ED9AFC City Council Agenda Report Second Amendment to All City Management Services Inc. Agreement July 21, 2026 Page 2 of 2 BACKGROUND The City's contract with All City Management Services was approved by the City Council on August 3, 2021, and established crossing guard services at 22 locations. In October 2021, the opening of Legacy Magnet Academy required the addition of two (2) new crossing guard locations, increasing the total number of staffed locations to 24. The contract was subsequently renewed through the First Amendment approved on August 3, 2024. During the 2024 to 2025 school year, an additional crossing guard location was added at Moffett Drive and Tustin Ranch Road to address operational needs, increasing the total number of staffed locations to 25. The proposed Second Amendment does not expand the program or add additional crossing guard locations. Rather, it updates the contract to reflect the current operation of 25 staffed locations and incorporates the weekly early and staggered release schedules at eight (8) of the 10 school sites (see Attachments 1 and 2). The amendment also updates compensation to reflect State mandated minimum wage increases while leaving all other terms and conditions of the agreement unchanged. The baseline estimated cost for the 2026-2027 school year is approximately $545,500 plus up to an additional ten percent (10%) or $54,500 for potential City approved changes in staffing levels, fee increases, or other necessary program modifications during the contract term, for a total not to exceed amount of up to $600,000. These adjustments result in an increase of up to approximately $94,500/year over the annual cost of the previous two-year term. During Fiscal Year 2026-2027, staff will evaluate long-term service delivery options, including the potential for a competitive procurement process. Upon completion of this evaluation, staff anticipates returning to the City Council prior to the start of the 2027-2028 school year with a new crossing guard contract for consideration. SCM& Ujt"� �o4fttn SEAN THUILLIEZ Chief of Police ROBERT NELSON Police Lieutenant Attachments: 1. Crossing Guard Locations — Map 2. Crossing Guard Locations — List of School and Intersections 3. Crossing Guard Services Agreement, October 13, 2021 4. First Amendment to Crossing Guard Services Agreement, August 3, 2024 5. Second Amendment to Crossing Guard Services Agreement Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC Crossing Guard Lc Tustin, CA Tustin Schools Tustin Streets 0 0.25 0.5 1 Miles Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC School School Address Crossing Guard Location(s) Benjamin F. Beswick 1362 Mitchell Ave., • Mitchell Ave. & Newport Ave. (SE) Elementary School Tustin, CA 92780 Mitchell Ave. &Newport Ave. (SW) • Mitchell Ave. & Utt Dr. (NW) Columbus Tustin Middle 17952 Beneta Way, • Beneta Way & Prospect Ave. (SE) School Tustin, CA 92780 • Beneta Way & Prospect Ave. (SW) Robert Heideman Elementary 15571 Williams St., • Alliance Ave. & Williams St. (NE) School Tustin, CA 92780 15500 Legacy Rd., ' Tustin Ranch Rd. & Moffett Dr. (AM: SE / PM: SW) Legacy Magnet Academy Tustin, CA 92782 ' Valencia Ave. & Kensington Park Dr. (Location 1) • Valencia Ave. & Kensington Park Dr. (Location 2) W.R. Nelson Elementary 14392 Browning Ave., . Browning Ave. & Pine Brook Dr. (NW) School Tustin, CA 92780 Peters Canyon Elementary 26900 Peters Canyon • Pioneer Rd. & Peters Canyon Rd. School Rd., Tustin, CA 92782 2700 Pioneer Rd., • Pioneer Rd. & Pioneer Way (North) Pioneer Middle School Tustin, CA 92782 • Pioneer Rd. & Pioneer Way (South) • Pioneer Way & Tustin Ranch Rd. (NW) • Altadena Dr. & Pasadena Ave. (NE) • Carfax Dr. & Sycamore Ave. (SE) • McFadden Ave. & Pasadena Ave. (NE) Sycamore Magnet Academy 1402 Sycamore Ave., • Newport Ave. & Sycamore Ave. (SE) (TK-8) Tustin, CA 92780 • Newport Ave. & Sycamore Ave. (SW) • Red Hill Ave. & Sycamore Ave. (NW) • Red Hill Ave. & Sycamore Ave. (SW) • School Ln. & Sycamore Ave. (AM: SW / PM: SE) Tustin Ranch Elementary 12950 Robinson Dr., • Irvine Blvd. & Robinson Dr. (SE) School Tustin, CA 92782 • Robinson Dr. & Keller Dr. (NE) C.E. Utt Middle School 13601 Browning Ave., Tustin, CA 92780 . Browning Ave. & Park View Way (NE) Total 10 Schools 25 Crossing Guard Location Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-89E7-411427191`10A CROSSING GUARD SERVICES AGREEMENT This Agreement for Crossing Guard Services (herein "Agreement"), is made and entered into this 3QO day of 4,)c os-r 2021 by and between the CITY OF TUSTIN, a municipal corporation ("City"), and A�-L C+ MAaA(:15rAE�4-r ("Contractor"). SrcQ-l+C.6b., r—jc . (ACMs) 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 T�aE 28,207 , a copy of which is attached hereto as Exhibit "A", in response to the City's Request for Proposal. dated Mkt 3t.2-o7-k , 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 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. 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. Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-19E7-41142719F10A 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. COMPENSATION 2.1 Compensation of Contractor. For the services rendered pursuant to this Agreement, the Contractor shall be compensated and reimbursed only for such services and such amounts as are expressly prescribed in the Schedule of Fees, attached hereto as Exhibit "C", which total contract amount shall not exceed 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 the hourly rates as set forth in the Schedule of Fees 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; 100-1504 2 Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-89E7-41142719F10A 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. All services rendered pursuant to this Agreement shall be performed within any time periods prescribed in any Schedule of Performance attached hereto as Exhibit "D". The extension of any time period specified in the Exhibit "D" must be approved in writing by the Contract Officer. 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 AOCz, 3 , 2021, and ending A -)CI. %- , 2024 ("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 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 re, ect to the work specified herein and make all decisions in connection therewith:-� "4T, l ,jukL,-- 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 1003504.: Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-89E7-41142719F10A responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services 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' 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. 1003504.2 Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-89E7-411427191`10A B. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner 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. 4.5 PERS Eligibility Indemnification. A. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City. Contractor shall indemnify, defend. and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City. B. Notwithstanding any other agency. state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. INSURANCE / INDEMNIFICATION 5.1 Insurance. A. Contractor shall maintain in full force and effect during the term of these Agreement policies of commercial general liability and automobile Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-89E7-41142719F10A 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 for bodily injury and property damage. 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 licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non -admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best's Key Rating Guide except that the City will accept workers' compensation insurance 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 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. Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-89E7-411427191`10A 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. 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 of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. ENFORCEMENT OF AGREEMENT ioa3so4.z Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-89E7-411427191`10A 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. CITY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION 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 Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-89E7-411427191`10A 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. 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 300 Centennial Way Tustin, CA 92780 Attention: Traffic Unit 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 Severability. 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 remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement. which shall be interpreted to carry out the intent of the parties hereunder Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC -47CE-89E7-4114271 9F1 0A 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. "C ity" Dated: 10/13/21 CITY OF TUSTIN, a municipal corporation APPROVED AS TO FORM: D—Signed by: T7 Davi 74ijg83 City Attorney By: �DocuSignneedd- by: S.tw Chief of Police "Contractor" ALL CITY MANAGEMENT SERVICES, INC., a California corporation La �1 L By: Exhibit A Proposal 10 Docusign Envelope ID: 925292DA-3C22-836C-81C8-1E9AE2ED9AFC Docusign Envelope ID: D3E1D75B-A98D-47A3-9DFO-OF692D8FCF21 AMENDMENT No. 1 TO CROSSING GUARD SERVICES AGREEMENT All City Management Services, Inc. This Amendment No. 1 to Crossing Guard Services Agreement ("Amendment") is made and entered into on this 3rd day of August 2024 by and between the CITY OF TUSTIN, a municipal corporation, ("City") and All City Management Services, Inc., a California Corporation ("Contractor"). City and Contractor are sometimes hereinafter collectively referred to as the "Parties." RECITALS A. City and Contractor entered into that certain Crossing Guard Services Agreement on August 3, 2021 ("Agreement"), which is incorporated herein by this reference. B. The Initial Term of the Agreement will expire August 2, 2024, unless extended. C. Pursuant to Section 3.4 of the Agreement, the City Contract Officer may, at his sole option and discretion, extend the Term of the Agreement for two (2) additional two-year terms. D. The City desires to exercise its option to extend the Term of the Agreement for two (2) additional one-year terms subject to updated 2024-2025 and 2025-2026 billing rates as set forth in the Agreement. NOW, THEREFORE, City and Contractor mutually agree as follows: 1. 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, the Contractor shall be compensated and reimbursed during the Initial Term only for such services and in such amounts as are expressly prescribed in the Schedule of Fees, attached hereto as Exhibit "C", which total contract amount shall not exceed $1,007,067. For the services rendered pursuant to this Agreement, the Contractor shall be compensated and reimbursed during the term commencing on August 3, 2024 and ending August 2, 2025 and the term commencing on August 3, 2025 and ending August 2, 2026 only for such services and in such amounts as are expressly prescribed in the Client Worksheets, attached hereto as Exhibit "D", which total contract amounts shall not exceed $474,099.84 and $505,238.40 respectively. The Client Worksheets attached to this Amendment are hereby 1839970.1 Docusign Envelope ID: 925292DA-3C22-836C-81C8-1E9AE2ED9AFC Docusign Envelope ID: D3E1D75B-A98D-47A3-9DFO-OF692D8FCF21 appended to and made a part of the Agreement as new Exhibit "D". 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, ending on August 2, 2026, unless extended by mutual written agreement of the Parties. 4. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect. 5. The persons executing this Amendment on behalf of the Parties warrant that they are duly authorized to execute this Amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this Amendment. 1839970.1 Docusign Envelope ID: 925292DA-3C22-836C-81C8-1E9AE2ED9AFC Docusign Envelope ID: D3E1D75B-A98D-47A3-9DFO-OF692D8FCF21 IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above. "City" City of Tustin By: ESi@nap by: s, 5 , Stu Greenberg Chief of Police "Contractor" All City Management Services, Inc. i ger arwell I Manager baron thecrossin uardcom ara .corn Demetr Farw II Director f H an Resources demetra _ th rossingguardcomparly.com 1839970.1 Docusign Envelope ID: 925292DA-3C22-836C-81C8-1E9AE2ED9AFC Docusign Envelope ID: D3E1D75B-A98D-47A3-9DFO-OF692D8FCF21 Attachment 1 2024-2025 and 2025-2026 Client Worksheets To be Appended to Agreement as new Exhibit "D" 1839970.1 Docusign Envelope ID: 925292DA-3C22-836C-81C8-1E9AE2ED9AFC Docusign Envelope ID: D3E1D75B-A98D-47A3-9DFO-OF692D8FCF21 All City Management Services Inc. Client Worksheet 2024 - 2025 Department: 1007701 Billing Rate for 2024 - 2025: $ 31.06 KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days Sites with traditional calendar: City of Tustin 300 Centennial Way Tustin, CA 92780 56 1 1 180 1 1 $31.06 1 1 $313,084.80 16 Sites at 3.50 hrs per day Total Hrs/da X days/yr X Hourly Billing Rate 28 1 144 7$31.06 $125,233.92 8 Sites at 3.50 hrs per day Total Hrs/day X days/yr X HourlX Billing Rate 32 1 F-367 $31.06 — $35,781.12 4.00 hrs early release Total Hrs/day X days/yr X Hourly Billing Rate AVERAGE DAILY HOURS 3.53 TOTAL NUMBER OF SITES 24.00 TOTAL PROJECTED HOURS 15,264.00 TOTAL ANNUAL PROJECTED COST $474,099.84 Docusign Envelope ID: 925292DA-3C22-836C-81C8-1E9AE2ED9AFC Docusign Envelope ID: D3E1D75B-A98D-47A3-9DFO-OF692D8FCF21 All City Management Services Inc. Client Worksheet 2025 - 2026 Department: 1007701 Billing Rate for 2025 - 2026: $ 33.10 KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days Sites with traditional calendar: City of Tustin 300 Centennial Way Tustin, CA 92780 56 1 1 180 1 1 $33.10 1 1 $333,648.00 16 Sites at 3.50 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate 28 144 $33.10 = $133,459.20 8 Sites at 3.50 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate 32 1 F-36 $33.10 = $38,131.20 4.00 hrs early release Total Hrs/day X days/yr X Hourly Billing Rate AVERAGE DAILY HOURS TOTAL NUMBER OF SITES TOTAL PROJECTED HOURS 3.53 24.00 15,264.00 TOTAL ANNUAL PROJECTED COST $505,238.40 Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC AMENDMENT No. 2 TO CROSSING GUARD SERVICES AGREEMENT All City Management Services, Inc. This Amendment No. 2 to Crossing Guard Services Agreement ("Second Amendment") is made and entered into on this day of July 2026 by and between the CITY OF TUSTIN, a municipal corporation, ("City") and ALL CITY MANAGEMENT SERVICES, INC., a California Corporation ("Contractor"). City and Contractor are sometimes hereinafter collectively referred to as the "Parties." RECITALS A. City and Contractor entered into that certain Crossing Guard Services Agreement on August 3, 2021 ("Original Agreement"), which is incorporated herein by this reference. B. City and Contractor entered into that certain Amendment No. 1 on August 3, 2024 ("First Amendment"), which is incorporated herein by this reference. C. The Original Agreement, as modified by the First Amendment, is hereinafter referred to as the "Agreement". D. City and Contractor desire to amend the Agreement to extend the term of the Agreement for one additional year, subject to the terms and provisions of this Second Amendment. NOW, THEREFORE, City and Contractor mutually agree as follows: New Section 1.5 is hereby added to the Agreement to read as follows: 1.5 Background Screening. Contractor warrants that all personnel assigned to perform services under this Agreement have successfully completed all background screening required by applicable California law and have received appropriate training for working safely with minors. Contractor shall maintain documentation of such screening and training and shall provide evidence of compliance to the City upon request. 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: a) Contractor shall be compensated and reimbursed during the Initial Term only for such services and in such amounts as are expressly prescribed in the Schedule of Fees, attached hereto as Exhibit "C", which total contract amount shall not exceed $1,007,067. b) Contractor shall be compensated and reimbursed during the term commencing on August 3, 2024 and ending August 2, 2025 and the term commencing on August 3, 2025 and ending August 2, 2026 only for such services and in such amounts as are expressly prescribed in the Client Worksheets, attached hereto as Exhibit "D", 4909-6492-0243, v. 2 Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC which total contract amounts shall not exceed $474,099.84 and $505,238.40 respectively. c) Contractor shall be compensated and reimbursed during the term commencing on August 3, 2026 and ending August 2, 2027 only for such services and in such amounts as are expressly prescribed in Client Worksheet 2026-2027, attached hereto as Exhibit "B", which total contract amount shall not exceed $545,483. 3. The Client Worksheet 2026-2027 attached to this Second Amendment is hereby appended to and made a part of the Agreement as new Exhibit "E". follows: follows: Section 3.4 of the Agreement is hereby amended and restated in its entirety to read as 3.4 Term. Unless earlier terminated in accordance with Section 7.5, this Agreement shall continue in full force and effect until August 2, 2027, unless extended by mutual written agreement of the Parties. Section 5.1 of the Agreement is hereby amended and restated in its entirety to read as 5.1 Insurance. A. Contractor shall maintain in fill 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 for bodily injury and property damage. B. Contractor shall maintain in full force and effect during the term of this Agreement sexual abuse and molestation liability insurance covering claims arising out of actual or threatened sexual abuse, molestation, misconduct, exploitation, or sexual injury by Contractor's employees, agents, volunteers, or subcontractors and with limits of at least $1,000,000 each occurrence and $2,000,000 general aggregate. Coverage may be provided as part of the Commercial General Liability policy or under a separate policy or endorsement. The policy shall not contain exclusions or limitations that materially restrict coverage for the services contemplated under this Agreement. If coverage is provided on a claims -made basis, such coverage shall be maintained for a period of not less than three (3) years following completion of the Agreement, or Contractor shall purchase an extended reporting period acceptable to the City. C. 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. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as an additional insured on the commercial, general, automobile and sexual abuse and molestation liability insurance policies. (2) The insurance shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating 4909-6492-0243, v. 2 Docusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC of A:X or better (if offered by a non -admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best's Key Rating Guide, except that the City will accept workers' compensation insurance 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, automobile, and sexual abuse and molestation 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. E. 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 applicable) shall be provided as evidence of meeting the requirements of Subsections (1) (3) and (4) of Section 5.1D above and the waiver of subrogation requirement in Section 5.1C 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. 6. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect. 7. The persons executing this amendment on behalf of the Parties warrant that they are duly authorized to execute this amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this amendment. IN WITNESS WHEREOF, the Parties have executed and entered into this Second Amendment as of the date first written above. "City" City of Tustin By: Sean Thuilliez Chief of Police "Contractor" All City Management Services, Inc. Signed by: By. A9QA 1... Brian Brooks Chief Operating Officer brianb&thecrossingguardcompan. 4909-6492-0243, v. 2 Docusign Envelope ID: 925292DA-3C22-836C-81C8-1E9AE2ED9AFC Exhibit E Client Worksheet 2026-2027 4909-6492-0243, v. 2