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HomeMy WebLinkAbout4.8 First Amendment to the Agreement with All City Management Services Inc.STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.8 DATE:August 16,2022 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:First Amendment to the Agreement with All City Management Services Inc. Prepared by:Nate Schmidt,Captain Dublin Police Services EXECUTIVE SUMMARY:The City Council will consider approving an amendment to the agreement with All City Management Inc. to pay for additional crossing guard services rendered in Fiscal Year 2021-22. STAFF RECOMMENDATION:Adopt the Resolution Approving Amendment #1 to the Agreement with All City Management Services Inc. for Crossing Guard Services. FINANCIAL IMPACT:The original agreement with All City Management Services Inc. was not to exceed $275,242.64. The amendment to the agreement adds $27,643.51, for a total not-to-exceed cost of $302,886.15. There is sufficient funding remaining in the Fiscal Year 2021-22 Police Services budget for this amendment. DESCRIPTION:All City Management Services Inc (ACMS), headquartered in Los Angeles and serving numerous cities in northern and southern California, has provided crossing guard services to the City of Dublin since July 1, 1995 via a yearly agreement. The most recent agreement with ACMS was approved on July 20, 2021 and included crossing guard services in 15 locations throughout the City for a not-to-exceed amount of $275,242.64 through June 30, 2022. Due to staggered start and end times at several Dublin Unified School District schools,unanticipated crossing guard coverage was needed to maintain the same level of service. Thisincrease in service resulted in additional costs and requires an amendment to the contract to finalize the Fiscal Year 2021-22 billings. 116 Page 2 of 2 The proposed amendment adds $27,643.51 to the agreement for a total not-to-exceed amount of $302,886.15 for Fiscal Year 2021-22. There is sufficient funding in the Police Operating budget for this amendment. STRATEGIC PLAN INITIATIVE:None NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving Amendment #1 to the Agreement with All City Management Services Inc. for Crossing Guard Services2) Exhibit A to the Resolution – Amendment #1 to the Contractor Services Agreement Between the City of Dublin and All City Management Services Inc.3) Contractor Services Agreement Between the City of Dublin and All City Management Services Inc. 117 Attachment 1 Reso. No. XX-22 Item X.X, Adopted XX/XX/2022 Page 1 of 2 RESOLUTION NO. XX – 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT #1 TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES INC. FOR CROSSING GUARD SERVICES WHEREAS,the City of Dublin uses All City Management Services Inc. to provide crossing guard services in 15 locations throughout the City; and WHEREAS,on July 20, 2021 City Council approved an agreement with All City Management Services for crossing guard services with a not-to exceed amount of $275,242.64; and WHEREAS, due to unanticipated staggered start and end times at several schools, additional crossing guard hours were needed to maintain the same level of service and safety to the school community; and WHEREAS, the increase in service resulted in an additional cost of $27,643.51 with an amended not-to-exceed amount of $302,886.15; and WHEREAS, there is sufficient funding in the Police Operating budget for this amendment; and WHEREAS, the amendment will close out the invoices for Fiscal Year 2021-22 for All City Management Services Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment #1 to the Agreement with All City Management Services Inc. attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Amendment to the Contract with All City Management Services Inc. and make any necessary minor adjustments to carry out the intent of this Resolution. {Signatures on the following page} 118 Reso. No. XX-22 Item X.X, Adopted XX/XX/2022 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 16th day of August 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 119 Attachment 2 Exhibit A to the Resolution Page 1 of 3 AMENDMENT #1 TO THE CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALL CITY MANAGEMENT SERVICES INC. WHEREAS, on JULY 20, 2021, 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, 2022; and WHEREAS, due to unanticipated staggered start and end times at several schools, additional crossing guard services were needed to maintain the same level of service and safety to the school community; and WHEREAS, THE CITY and CONTRACTOR now wish to amend the AGREEMENT to increase the not-to-exceed amount by $27,643.51 for a total of $302,886.15 to close out the Fiscal Year 2021-22 invoices. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 - COMPENSTATION shall be rescinded and replaced with the following: owing: City hereby agrees to pay CONTRACTOR a sum not to exceed $302,886.15, notwithstanding any contrary indications that may be contained in CONTRACTOR’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and CONTRACTOR’s proposal, attached as Exhibit B, regarding the amount of compensation, 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 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. CONTRACTOR and City acknowledge and agree that compensation paid by City to CONTRACTOR under this Agreement is based upon CONTRACTOR’s actual costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of CONTRACTOR. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which CONTRACTOR and its employees, agents, 120 Attachment 2 Exhibit A to the Resolution Page 2 of 3 and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. SIGNATURES ON THE FOLLOWING PAGE 121 Attachment 2 Exhibit A to the Resolution 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 SERVICDES INC. By: _____________________________ By: _____________________________ Linda Smith, City Manager Demetra Farwell, Corporate Security Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney 122 Attachment 3 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139