SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
DATE
: November 19, 2024
PAR
TIES: " CITY"
TH
E CITY OF BURBANK, a municipal corporation
Des
ignated Official: Name: Michael Albanese
Title: Chief of Police
Telephone: 818-238-3200
Mai
ling Address: 200 North Third Street
Burbank, CA 91502
"CO
NSULTANT"
LAZ
KARP Associates, LLC dba LAZ PARKING CALIFORNIA, LLC
Repr
esentative: Name: Conrad Midolo
Title Regional Vice President
Telephone: 310-446-7925 x7613
Mai
ling Address: 1200 Wilshire Blvd Suite 100B
Los Angeles, CA 90017
TE
RM: Original Commencement Date: April 16, 2023
Original Completion Date: April 15, 2024 with renewal options First Amended Completion Date: April 15, 2025 with renewal options Second Amended Completion Date: No Change
CO
ST OF SERVICE:
Or
iginal Cost of Service: $ 1,200,000.00
First Amendment to Cost of Service: +$500,000.00
Second Amendment to Cost of Service: +$ 1,408,208.00
Revised Cost of Service: NTE $3,108,208.00
ATTACHMENT 6-1
Attachment 6
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Amendment”), is made and entered into on the date listed above (the “Effective Date”), by and between THE CITY OF BURBANK, a municipal corporation (the “City”) and LAZ KARP Associates, LLC dba LAZ PARKING CALIFORNIA, LLC (the “Consultant”). The City and the Consultant are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.
1.0 Purpose;
Definitions. City and Consultant entered into a Professional Services Agreement dated April 1 6, 2023 ( “Agreement”), as amended by that certai n First Amendment, dated April 16, 2024, as amended by that certain Second Amendment dated November 19, 2024 (collectively the “Agreement”) for Consultant to provide services as described in the original Exhibit A, 1st Amendment Exhibit A-1. Now City and Consultant desire to amend the Agreement with this Second Amendment in order to provide additional services as described in Exhibit A-2 “Amended Scope of Services” and clarify the Term of this Second Amendment and any future amendments.
2.0 Amendment to Term; Termination.
Term. The Term of this Second Amendment is from the Effective Date as stated in the First Amendment until April 15, 2025; provided, however, that the term of this Agreement may be extended by written amendment, on a year-to-year basis, executed by authorized representatives of each of the Parties or may be earlier terminated as provided in the Original Agreement. The extension options may be exercised sequentially or concurrently.
Termination by City. T
he City may terminate any or all of the services agreed to be performed under the Agreement or any amendments thereto without cause, at any time during the Term by giving the Consultant ninety (90) days’ notice in writing. Either party may terminate this Agreement with cause, immediately upon giving the other party written notice of such default or breach of this Agreement that is the basis for the termination.
3.0 Amendment to Services.
In addition to the services to be performed in the
Agreement, Consultant, as an independent Contractor, agrees to perform during the term of the Agreement, each and every of the additional services set forth on the " Amended Scope of Services" attached hereto as Exhibit A -2. The initiation of Service by the Consultant will commence upon receipt of a written notice from the Designated Official or Project Manager authorizing Consultant to proceed, and only to the extent of such authorization. The services of the Consultant shall include the making of all investigations, studies, and analysis required by the conditions involved in each request of the Designated Official or Project Manager.
4.0 Amendment to Compensation.
The total compensation payable by the City to the Consultant as set forth in Section
3.0 of the Professional Services Agreement is hereby amended to a not to exceed amount of $3,108,208.00. The City shall pay for the amended services of Consultant set forth in Exhibit A-2 as indicated on the “Amended Schedule of Compensation” attached hereto as Exhibit B-2.
ATTACHMENT 6-2
Consultant may request from the City, the ability to purchase additional equipment, including but not limited to vehicles or e-bikes, in order to complete the work agreed upon in the Scope of Services. Consultant shall submit a request to the City, in writing, justifying the Consultant’s need to purchase additional equipment. The City shall have sole discretion to approve the request for additional equipment. All requests made to the City shall be subject to the availability of approved funding within the City’s budget for this Agreement. The City will provide Consultant, in writing, the City’s decision of approval or denial of the request within 30 business days of the receipt of the request.
For any future amendments executed by the Parties, the rate for the cost of services shall not be increased by more than five percent (5%) per year. All rate increases must be mutually agreed upon, in writing, by the Parties.
5.0 Execution Counterparts. T
his Amendment may be executed in counterparts and
each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto.
Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Amendment with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Amendment by a Party, and transmitted electronically as described in this Section to the other Party.
6.0 Ratification of Professional Services Agreement .
All other provisions of the
Agreement, not inconsistent with this Amendment, shall remain in full force and effect and are specifically incorporated herein.
In recognition of the obligations stated in this Amendment, the parties have executed this Am
endment on the date indicated above.
ATTACHMENT 6-3
“CONS
ULTANT” “CITY”
_________
_______________________ By: _____________________________ Signature Signature
_________
_______________________ ________________________________ Name (please print) Name (please print)
_________
_______________________ ________________________________ Title Title
If C
onsultant is a Corporation or LLC, a Approved as to Form second signature is required. Office of the City Attorney _________
_______________________ By: _____________________________ Signature Signature
_________
_______________________ ________________________________ Name (please print) Name (please print)
_________
_______________________ ________________________________ Title Title
ATTES
T:1
Office of the City Clerk
By: __
___________________________
Signature
___________
_____________________
Name (please print)
___________
___________________
Title
ATTACHMENT 6-4
EXHIBIT A-2
AMENDED SCOPE OF SERVICES
Consultant shall perform the following additional services for the benefit of the City:
Bicycles. The Consultant shall provide, maintain, and pay for two (2) electric assist bicycles to be used exclusively for parking enforcement related activities. Bikes are to be electric, or electric assist.
- Storage. Consultant shall be responsible for securing and storing the bicycles in a convenient and professional manner.
- Branding. Bikes are to conform to the City’s branding guidelines set by the Communications Division.
- Safety. Bike locks, helmets, and safety equipment will be required. - Terms of Use. The bicycles shall be used exclusively for the City Burbank contract and under the same terms of use as the Parking Enforcement Vehicles. The Consultant is responsible for training its employees in the safe operation of the bicycles, in compliance with state and local codes.
ATTACHMENT 6-5
EXHIBIT B-2
AMENDED SCHEDULE OF COMPENSATION
For the services outlined in Amended Scope of Services above, the Consultant and the City agree that the Consultant shall earn its compensation according to the following method:
X Time and Materials: The City shall pay for the services on a time -and -material
basis. Consultant shall invoice the City for all actual hours of work performed in accordance with this First Amendment at the following rates:
Ti
me:
Variable Labor Rates: C
onsultant shall invoice the City for all actual hours of work performed in accordance with this Agreement at the following hourly rates:
Item Year 3 Year 4 (Option) Year 5 (Option)
Variable Fees - LPER (Lead Parking Enforcement Rep, including uniform, handheld tools/flashlights and equipment costs)
1 full time equivalent 2080 2080 2080
Hourly Rate – LPER $54.45 $57.17 $60.03
Item Year 3 Year 4 (Option) Year 5 (Option)
Variable Fees - PER - Regular Patrol (including uniform, handheld tools/flashlights and equipment costs)
1 full time equivalent 2080 2080 2080
Hourly Rate – PER $43.38 $45.55 $47.83
Item Year 3 Year 4 (Option) Year 5 (Option)
Variable Fees - PER - Bike Patrol (including uniform, handheld tools/flashlights and equipment costs) - DOWNTOWN ENFORCEMENT
1 full time equivalent 2080 2080 2080
Hourly Rate – BPER $47.95 $50.35 $52.86
Item Year 3 Year 4 (Option) Year 5 (Option)
Variable Fees - Dispatch Officer (including uniform)
1 full time equivalent 2080 2080 2080
Hourly Rate – DPER $47.95 $50.35 $52.86
Fixed Labor Rates: Consultant shall invoice the City for the cumulative Program Manger costs for work performed in accordance with this Agreement at the following monthly rate:
ATTACHMENT 6-6
Item Year 3 Year 4 (Option) Year 5 (Option)
Monthly Fixed Fees - Program Manager (includes uniform, all compensation and benefits, any and all taxes, transportation costs, administrative overhead & Profit, etc.) All costs included in monthly
PM Price:
Full time Program Manager, GKL, Administrative OH, and Profit
Number of Service Months 12 12 12
Monthly Fee – Program
Mgmt
$23,297.73 $24,462.62 $25,685.75
Materials:
Fixed Fees Per Vehicle: C
onsultant shall invoice the City for the cumulative per vehicle costs utilized to conduct work in accordance with this Agreement at the following monthly rate:
• Rates for 6 vehicles
Item Year 3 Year 4 (Option) Year 5 (Option)
Monthly Auto Fixed Fees per vehicle (Includes vehicle cost, maintenance, insurance and upkeep (vehicles washed two times per month, all vehicles must be stored in City/PD lots, not to be used for employee transportation to/from City property. **If the City determines fuel to be billed shall be billed at cost with documented receipts, accompanied by a usage report, listing vehicle number , mileage, date(s) of usage, field coverage detail, etc.).
Describe vehicles being
provided:
Make/Model:
Toyota Prius (or
alternate model
as approved by
the City NTE
$40,000.00)
Vehicle Year:
2022 or 2023 (or as
approved by the City)
Estimated MPG
(City):
28 Number of Service Months 12 12 12
Monthly Fee per vehicle $2,129.66 $1,203.21 $1,271.23
***Vehicle unit prices are to include ALL vehicle costs (vehicle cost, maintenance, repairs, washes, equipping, etc.), except fuel. Fuel shall be incurred as a direct cost to the City or separately billed as a passthrough. Vehicles shall be well maintained, i.e. free from any apparent major damage, i.e. dented fenders or doors, missing equipment, shall be in good working (mechanical) order and must project a professional appearance at all times. Vehicles shall be equipped with a License Plate Reader System (LPRS). Recommendations can be made to add lightbars, spotlights, etc. Vehicles shall be marked with signage indicating "Burbank Police Department - Parking Enforcement''. Appropriate logos will be provided by the City for production.
• Rates for additional vehicles above 6 in Years 4 & 5
Year 4 (Option) Year 5 (Option)
Monthly Fee per vehicle N/A $3,205.62 $3,308.12
ATTACHMENT 6-7
One-Time Fees Per Vehicle: Consultant shall invoice the City for the one- time per vehicle costs utilized to conduct work in accordance with this Agreement at the following rate:
Item Method used for signage (wrap,
decal, metallic signage)
Lead Time for full
equipping
Equipping vehicle - Adding
lightbar,
LPRS, signage
LAZ will utilize its' LA based local
partners for
both LPR installation and decals/
signage.
LPR • 4 to 6 weeks
Decals/ Signs• 10 days
1 x equipping cost per vehicle: $30,625.77
• Equipping cost per vehicle for additional vehicles above 6 in Years 4 & 5 Year 4 Year 5
1 x equipping cost per vehicle: $70,200.00 $67,000.00
One-Time Fees Per e-B
ike: Consultant shall invoice the City for the one-time per e-Bike costs utilized to conduct work for Downtown Enforcement in accordance with this Agreement at the following rate:
Item e-bike, bike accessories, helmet, lights, decals, bike rack bags
1x equipping cost per e-bike $2,700.00
Fixed Fees Per e-Bi
ke: Consultant shall invoice the City for the cumulative per e- Bike costs utilized to conduct work in accordance with this Agreement at the following monthly rate:
Year 3 Year 4 Year 5
Monthly Fee for e -
Bike maintenance,
per bike
$150 $150 $157.50
Consultant may request from the City, the approval to purchase additional vehicles or e- Bikes. City has sole discretion, as stated in this Second Amendment, to approve or deny such a request. Any approved purchases of vehicles or e -Bikes shall be subject to the same fees as listed in this Amended Schedule of Compensation. Any request to increase price/fees for new vehicles or e-Bikes shall be submitted to the City prior to the approval of the new purchase.
All rates listed in this Amended Schedule of Compensation shall not be increased more than 5% per year.
ATTACHMENT 6-8