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HomeMy WebLinkAboutReso 56-25 Approving the First Amendment to Contractor Services Agreement Between the City Reso. No. 56-25, Item 5.11, Adopted 06/17/2025 Page 1 of 1 RESOLUTION NO. 56 – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FIRST AMENDMENT TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALL CITY MANAGEMENT SERVICES, INC. WHEREAS, the City of Dublin uses adult crossing guards to ensure the safety of schoolchildren crossing streets; and WHEREAS, the City of Dublin entered into a Contractor Services Agreement with All City Management Services, Inc. on July 1, 2023, with an expiration of June 30, 2025, and not-to-exceed compensation amount of $800,000; and WHEREAS, the City of Dublin wishes to extend the current contract with All City Management Services, Inc. to provide crossing guard services for an additional three years, with an expiration of June 30, 2028 and a not-to-exceed compensation amount of $2,238,153.73. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Amendment to the agreement, attached hereto as Exhibit A, with All City Management Services, Inc. for the provision of crossing guard services within the City of Dublin, in an amount not to exceed $2,238,153.73. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non- substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote: AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Docusign Envelope ID: 9FE34CCB-3A9F-4EAB-A1C4-3DF71D060DD1 Page 1 of 3 FIRST AMENDMENT TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALL CITY MANAGEMENT SERVICES, INC. WHEREAS, on July 1, 2023, the City of Dublin (hereinafter referred to as "CITY") and All City Management Services, Inc. (hereinafter referred to as "CONTRACTOR ") entered into a Contractor Services Agreement for Crossing Guard Services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT expires on June 30, 2025; and WHEREAS, the CITY and CONTRACTOR now wish to amend the AGREEMENT to extend the term through June 30, 2028 by modifying section 1.1 of the AGREEMENT, and to increase the not to exceed compensation amount to $2,238,153.73, including a 10% contingency for the extension amount, by modifying Section 2 of the AGREEMENT. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this AGREEMENT shall begin on the Effective Date and shall end on June 30, 2028, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the AGREEMENT is otherwise terminated or extended, as provided for in Section 8. The time provided to the Contractor to complete the services required by this AGREEMENT shall not affect the City’s right to terminate the AGREEMENT, as referenced in Section 8. Notwithstanding the foregoing this AGREEMENT may be extended on a month-to-month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the AGREEMENT as provided for in Section 8. 2) Section 2. COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following: COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this AGREEMENT for a not to exceed amount of $2,238,153.73, including a 10% contingency for the extension amount. In the event of a conflict regarding the amount of compensation between this AGREEMENT and Consultant’s proposal, the AGREEMENT shall prevail. City shall pay Contractor for services rendered pursuant to this AGREEMENT at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services           Exhibit A to Resolution Docusign Envelope ID: 9FE34CCB-3A9F-4EAB-A1C4-3DF71D060DD1 Page 2 of 3 rendered pursuant to this AGREEMENT. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. 3) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the CONTRACTOR pursuant to the AGREEMENT, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of CONTRACTOR each represent and warrant that they have the legal power, right and actual authority to bind CONTRACTOR to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE          Docusign Envelope ID: 9FE34CCB-3A9F-4EAB-A1C4-3DF71D060DD1 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN ALL CITY MANAGEMENT SERVICES, INC By: _____________________________ By: _____________________________ Colleen Tribby, City Manager Demetra Farwell, Corporate Secretary Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney          Docusign Envelope ID: 9FE34CCB-3A9F-4EAB-A1C4-3DF71D060DD1 Page 1 of 1 EXHIBIT A SCOPE OF SERVICES 1. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. The Contractor is an independent Contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City. 2. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this agreement. 3. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. 4. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this agreement and all applicable laws of the state in which services are to be performed. 5. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which services are to be performed pertaining to general pedestrian safety in school crossing areas. 6. Crossing Guard Services shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under the City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling. 7. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary.          Docusign Envelope ID: 9FE34CCB-3A9F-4EAB-A1C4-3DF71D060DD1 Page 1 of 1 EXHIBIT B Compensation Schedule All City Management Services Client Worksheet 2025-2026 Department: Billing Rate for 2025-2026: $30.87 KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days Client Worksheet 2026-2027 Department: Billing Rate for 2026-2027: $32.08 KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days Client Worksheet 2027-2028 Department: Billing Rate for 2027-2028: $33.41 KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days City of Dublin 6361 Clark Avenue Dublin, CA 94568 City of Dublin 6361 Clark Avenue Dublin, CA 94568 City of Dublin 6361 Clark Avenue Dublin, CA 94568          Docusign Envelope ID: 9FE34CCB-3A9F-4EAB-A1C4-3DF71D060DD1