1 THIRD AMENDMENT TO THE
AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH AND FLYING LION, INC.
THIS THIRD AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES (“Third Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and Flying Lion, Inc., a California corporation (“Contractor” or “Consultant”).
WHEREAS, on April 2, 2019, the parties entered into the Agreement for Project Services between the City and Contractor (the "Agreement"); and
WHEREAS, on March 9, 2019, the parties entered into the First Amendment to the Agreement for Project Services between the City and Contractor (‘First Amendment”) to add unmanned aerial support and vehicles to the scope of the services, extend the Agreement to February 11, 2023, and increase Contractor’s compensation limit by $105,080; and WHEREAS, on April 5, 2022, the parties entered into the Second Amendment to the Agreement for Project Services between the City and Contractor (“Second Amendment”) to increase Contractor’s compensation limit by $105,080.
WHEREAS, the Agreement expires February 11, 2023; and
WHEREAS, the parties desire to extend the term of the Agreement and increase Contractor’s compensation limit by $315,240.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. TERM AND TIME FOR COMPLETION. Exhibits “B” and “B-1” of the Agreement are hereby amended to add Exhibit “B-2” to extend the term of the Agreement to February 11, 2024, and add two one year auto renewal periods. Exhibit “B-2” is attached hereto and incorporated by reference. Contractor shall commence and complete all services described in Exhibits “A” and “A-1” of the Agreement in accordance with the schedule set forth in Exhibit “B-2”.
2. COMPENSATION. Exhibits “C” to “C-1” of the Agreement are hereby amended to add Exhibit “C-2” to increase Contractor’s compensation limit by $315,240 for a total compensation limit of $643,760. Exhibit “C-2” is attached hereto and incorporated by reference. Contractor shall be compensated for the services described in Exhibits “A” and “A-1” of the Agreement.
3. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, and this Third Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the 2 Agreement, First Amendment, Second Amendment, and this Third Amendment, the terms of this Third Amendment shall govern.
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3 IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 17th day of January, 2023.
CITY OF REDONDO BEACH, FLYING LION, INC.,
a chartered municipal corporation a California corporation ___________________________ By: _________________________ William C. Brand, Mayor Name: _________________________ Title: _________________________
ATTEST: APPROVED:
___________________________ _______________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
_________________________
Michael W. Webb, City Attorney
4 EXHIBIT "B-2"
SCHEDULE FOR COMPLETION
TERM. The term of the Agreement shall be extended to February 11, 2024 (“Term”), unless otherwise terminated herein. Thereafter, the Agreement shall renew for subsequent one year periods, unless the City provides at least fifteen days notice to the Contractor of its intent not to renew. However, in no event shall the term of the Agreement continue beyond February 11, 2026.
5 EXHIBIT “C-2"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
I. AMOUNT. Contractor shall be paid in accordance with the rate schedules set forth below.
General Services
Description Rate
Consulting/Training (Non-Flying) Rate $200.00 per hour
Flying Rate $300.00 per hour
Minimum Call Out Charge (Two Hour
Minimum) $750.00 per two hours
RPIC (Remote Pilot in Command) Recertification Training (10 Attendees) $1,000 UAS Equipment Leasing (Mavic Pro "Go
Boxes" UAS) $195.00 a month per UAS
Any Additional Services Current Rates
DFR Program (Minimum of 40 Hours per Week)
Description Rate
DFR Daylight Operations RPIC
$40.44 per hour (30 minutes after
sunrise to 30 minutes before sunset)
DFR Night Time Operations RPIC
$45.99 per hour 30 minutes before
sunset to 30 minutes after sunrise
DFR Non-Fly Day Rate Due to Weather, TFR,
Etc.
$28.00 per hour (minimum of 5 hours
per day guaranteed)
DFR Visual Observer (VO) for Night
Operations $25.00 per hour
DFR Management Fee
$15.00 per hour (for non-FM Part 107
Certified Air Support Officer)
DFR Drone Equipment Rental Fee
$10.00 per hour (if drone is not supplied
by City)
On-Demand Program
Description Rate
Call out Flying Hourly Rate $300.00 per hour
Minimum Call Out Charge $600.00 per two hours
6 Consulting/Training
Description Rate
Consulting Rate $200.00 per hour
Training Rate (up to 10 students)
-Part 107 Exam (3 days)
-Flight Training (2 days)
-Motorola Aerial (1 day) $1,000.00 a day
Equipment Purchase/Lease/Maintenance
Description Rate
UAS Equipment Leasing (Mavic Pro "Go
Boxes" UAS) $195.00 per month per UAS
UAS Equipment Maintenance $200.00 per month
Other Equipment Leasing Varies dependent on equipment
Other Equipment Maintenance Varies dependent on equipment II. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to Contractor, including reimbursable expenses, exceed $643,760 during the term of the Agreement and any amendments thereto.
III. METHOD OF PAYMENT. Contractor shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission.
Invoices must provide date of service, description of service, applicable hourly rate or fee, number of hours (if hourly rate), and total amount. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up documentation upon request.
IV. SCHEDULE OF PAYMENT. City agrees to pay Contactor within thirty (30) days of receipt of the invoice; provided, however, that services are completed to the City' s full satisfaction.
V. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: Flying Lion, Inc.
2110 Artesia Blvd., Suite 234
Redondo Beach, CA 90278
Attention: Barry Brennan
City: City of Redondo Beach
Police Department
401 Diamond Street
Redondo Beach, CA 90277
Attention: Captain Stephen Sprengel
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. 7 Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.