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Home My WebLink About26-135 Resolution No. 26-135 RESOLUTION AUTHORIZING EXECUTION OF A THIRD 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 a Third 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 26, 2026 Adopted: August 26, 2026 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk THIRD AMENDMENT TO SERVICE AGREEMENT Effective August 1, 2026 ("Effective Date"), this amendment ("Third 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); and WHEREAS, on August 19, 2024, Customer and Contractor subsequently entered into an amendment agreement(the"First Amendment")to the Agreement which amended the Agreement by adding an additional one-year term, effective August 1, 2024 through July 31, 2025 (the "Renewal Term"), and increasing the rate of pay for crossing guards;and WHEREAS, on August 27, 2025, Customer and Contractor subsequently entered into an amendment agreement (the "Second Amendment") to the Agreement which amended the Agreement by adding an additional one-year term,effective August 1,2025 through July 31,2026 (the"Second Renewal Term"), and increasing the rate of pay for crossing guards; and WHEREAS, Customer and Contractor now wish to amend the Agreement further to provide for an additional one-year term, effective August 1, 2026 through July 31, 2027, and to increase the rate of pay for crossing guards by entering into this Third Amendment with such amended terms to commence as of the Effective Date(the"Third Renewal Term");and WHEREAS,any term not defined in this Third 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. is hereby revised in its entirety to read as follows: "For the services to be provided by the CONSULTANT pursuant to this Agreement, the CONSULTANT shall be paid at the hourly rates as set forth in CONSULTANT's cost summary attached hereto and made a part hereof as Attachment B, with the total annual amount to be paid to the CONSULTANT not to exceed$156,059 regardless of the actual costs incurred by the CONSULTANT, unless substantial modifications to the scope of the work are authorized in writing by the CITY pursuant to a written amendment to this Agreement executed by the parties. The not-to exceed-amount for the renewal term effective August 1, 2024 through July 31, 2025 shall be $160,741.00, for the second renewal term effective August 1, 2025 through July 31, 2026 shall be $165,498.00 and for the third renewal term effective August 1,2026 through July 31,2027 shall be$130,379.80" 1 2. Paragraph 5 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. A renewal 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. A second renewal term of the PROJECT shall commence on August 1, 2025 and, unless terminated for cause or pursuant to Paragraph 4, shall be deemed concluded on July 31, 2026. A third renewal term of the PROJECT shall commence on August 1,2026 and, unless terminated for cause or pursuant to Paragraph 4, shall be deemed concluded on July 31, 2027." 3. For the Third Renewal Term, Attachment B, City of Elgin Cost Summary, to the Agreement shall be revised to modify the relevant sections to read as follows: "BILLING RATE:The parties agree the hourly billing rate shall be$24.74 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 $24.74 per hour supporting the program 5 hours per school day. The billing rate is based on a$16.39 an hour pay rate for the Crossing Guards and$18.57 an hour pay rate for the Field Supervisor. CROSSINGS:There shall be 8 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$593.76 per school day. The annual estimated Field Supervisor invoice hours is for 950 hours with a daily expense of$123.70 for 5 invoiced hours per school day. ANNUAL ESTIMATED EXPENSE: $130.379.80 is the estimated annual expense for a 180-school day work schedule. PERSONNEL NEEEDED: 1 Field Supervisor-8 Crossing Guards-with a recommended 2 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 Third Amendment shall be incorporated by reference into and shall be made part of the Agreement. The Services as contemplated under this Third 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 Third Amendment shall remain in full force and effect, it being understood that, in the event of a conflict between the terms of this Third Amendment and the Agreement, the terms of this Third Amendment will take precedence. For the convenience of the Parties, this Third Amendment may be executed in any number of 2 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 Third Amendment shall be deemed to be the execution of a counterpart of this Third Amendment. IN WITNESS WHEREOF, the parties hereto as of the day and year first written above have duly executed this Agreement. r�J A YJRiAIN SERVICES,INC.,an Illinois Corporation B 1 r,t 136.326.606.77. Vincent Bove Vice President Date: 7/15/2026 CITY O NITI By: Richard G. Kozal Cits Clerk City Manager Date: August 26.2026 Legal Vert Agreement And!,Fran Crossing Guard-Third Amendment-tim ice Agr-7-I4-26 doc, 3