HomeMy WebLinkAbout24-198 Resolution No. 24-198
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO SERVICE AGREEMENT WITH
ANDY FRAIN SERVICES,INC. FOR PROFESSIONAL SERVICES IN CONNECTION
WITH CROSSING GUARD SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city;and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Amendment to Service Agreement on behalf of the
City of Elgin with Andy Frain Services, Inc., for professional services in connection with crossing
guard services,a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 28, 2024
Adopted: August 28, 2024
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Docusign Envelope ID CD7B5F9D-C 1 F0-438C-AAF5-81 F6954FAB43
clir)
ANDY FRAIN
SERVICES'
AMENDMENT TO SERVICE AGREEMENT
Effective August 1, 2024 ("Effective Date"), this Amendment ("Amendment") to Service Agreement
amends the Service Agreement made by and between Andy Frain Services,Inc. ("Contractor")and CITY
OF ELGIN ("Customer"), as follows:
WHEREAS, Customer and Contractor entered into that Service Agreement effective July 27,2023
(the "Agreement") setting forth the terms and conditions under which Contractor provides Customer
certain CROSSING GUARD SERVICES (as defined in the Agreement);
WHEREAS,Customer and Contractor now wish to amend the Agreement to provide for an additional
term by entering into this Amendment with such amended terms to commence as of the Effective
Date(the"Renewal Term");and
WHEREAS,any term not defined in this Amendment shall have the same meaning ascribed thereto in
the Agreement.
NOW, THEREFORE, in consideration of the mutual agreements and promises contained herein,
Customer and Contractor hereby agree to amend the Agreement as delineated below commencing as of
the Effective Date:
1. Paragraph 2.A. shall be modified to revise the "not to exceed amount" from "$156,059.00"
to"$160,741.00."
2. Paragraph 5 of the Agreement is hereby revised in its entirety to read as follows: "the initial
term of the PROJECT shall commence on August 8,2023 and, unless terminated for cause or pursuant
to Paragraph 4, shall be deemed concluded on July 31, 2024. An additional term of the PROJECT
shall commence on August 1,2024 and,unless terminated for cause or pursuant to Paragraph 4,shall be
deemed concluded on July 31,2025."
3. For the Renewal Term, Attachment B, City of Elgin Cost Summary, shall be modified in its
entirety to read as follows:
BILLING RATE-The parties agree the hourly billing rate shall be$23.33 per hour supporting a program
that works a split shift working 2 shifts a day with each shift having 1.5 hours of billable time.
The billing rate for Field Supervisors shall be $23.33 per hour supporting the program 5 hours per
school day. The billing rate is based on a$15.45 an hour pay rate for the Crossing Guards and $17.50 an
hour pay rate for the Field Supervisor.
CROSSINGS: There shall be I I Crossing Guard Posts-3 hours of billable crossings per day for 180
school days. The Field Supervisor shall be funded to cover the times that the Crossing Guards are
performing their duties plus scheduling and administrative time which requires 5 hours per school
day for a total of 190 days.
BILLING HOURS: The annual estimated Crossing Guard invoice hours is for 5940 hours with a
daily expense of$770 per school day. The annual estimated Field Supervisor invoice hours is for 950
hours with a daily expense of$117 for 5 invoiced hours per school day.
Docusign Envelope ID:CD7B5F9D-C1F0-438C-AAF5-81F6954FAB43
a
1
ANDY FRAIN
SERVICES'
ANNUAL ESTIMATED EXPENSE: $160,741.00 is the estimated annual expense for a 180-
school day work schedule.
PERSONNEL NEEEDED: Field Supervisor-11 Crossing Guards-with a recommended 3 substitutes.
The Field Supervisor is an automatic substitute Crossing Guard every school day and substitutes are
only paid when filling a post.
4. The Parties agree that this Amendment shall be incorporated by reference into and shall be
made part of the Agreement. The Services as contemplated under this Amendment shall remain
subject to all other terms and conditions contained in the Agreement. All other provisions of the
Agreement not expressly modified herein this Amendment shall remain in full force and effect,it being
understood that,in the event of a conflict between the terms of this Amendment and the Agreement,the
terms of this Amendment will take precedence. For the convenience of the Parties,this Amendment may
be executed in any number of counterparts, including by facsimile, electronic signature, or portable
document format(i.e.,.PDF), each of which shall be deemed to be an original and all of which taken
together shall constitute but one and the same instrument. The execution of a counterpart of the
signature page of this Amendment shall be deemed to be the execution of a counterpart of this
Amendment.
IN WITNESS WHEREOF, the parties hereto as of the day and year first written above have duly
executed this Agreement.
ANDY—F41 llIN SERVICES, INC., an Illinois Corporation
lid: 341-0A204C790470
Laura Grund
E ej iy10 a President
Date: fly/
CITY OF ELGIN
A S .
By:
ie Iv' ity Clerk
Date: --7/6,4iteriozdairAr
Legal Dept\Agreement\Andy Frain Amendment in Services.1gr2024-2025 Rate Increase-Clean-07-I 0-24.docx