HomeMy WebLinkAbout4239RESOLUTION NO.4 2 3 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN ADDENDUM TO THE
AGREEMENT BETWEEN THE CITY OF AUBURN AND
BRADLEY & GUZZETTA, LLC FOR FRANCHISE
MANAGEMENT SERVICES
WHEREAS, the City and Bradley &Guzzetta entered into Agreement for
Professional Services AG-C-275 ("Agreement"), under which Bradley &Guzzetta
would assist the City in administering franchises granted by the City; and
WHEREAS, Exhibit A to the Agreement, the Scope of Work, allows the
City to make a written request for additional tasks be performed by Bradley &
Guzzetta; and
WHEREAS, Section 3 of the Agreement limits expenditures under the
Agreement to Thirty Thousand Dollars ($30,000.00) per year for years 2006
and 2007 unless the parties execute an addendum to increase the amount; and
WHEREAS, the City wished to have the Consultant take on additional
work under the Agreement; and
WHEREAS, this additional work would bring the total work done under
the Agreement to a sum greater than Thirty Thousand Dollars for year 2007,
WHEREAS, it is in the public interest for the parties to enter into an
addendum for additional work under the Agreement,
Resolution No. 4239
September 7, 2007
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an addendum to Agreement for Professional
Services AG-C-275 between the City of Auburn and Bradley & Guzzetta, which
addendum shall be in substantial conformity with the addendum a copy of which
is attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
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Dated and Signed this ~ I~ day of ~j` ' r" as~a ' , 2007.
CI~'Y O ~~UBU ~~
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. _.. _-
-- __.
PETER B. LEWIS
MAYOR
Resolution No. 4239
September 7, 2007
Page 2 of 3
ATTEST:
S
Danielle E. Daskam, City Clerk
AS TO FORM:
Daniel B. Heil City Attorney
Resolution No. 4239
September 7, 2007
Page 3 of 3
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ADDENDUM NO.1
ADDENDUM TO 2006 AGREEMENT FOR PROFESSIONAL SERVICES,
No. AG-C-275 BETWEEN BRADLEY &GUZZETTA, LLC AND
THE CITY OF AUBURN
THIS ADDENDUM is made and entered into this /~~day of September 2007, by and
between BRADLEY &GUZZETTA, LLC, a Minnesota Limited Liability Company, authorized to
do business in the State of Washington, whose address is 950 Piper Jaffray Plaza, 444 Cedar Street,
St. Paul, MN 55101, (hereinafter referred to as "CONSULTANT") and the CITY OF AUBURN, a
municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), as an
addendum to the 2006 Agreement for Professional Services AG-C-275 between the parties.
WITNESSETH:
WHEREAS, The City and the Consultant entered into the 2006 Agreement for Professional
Services AG-C-275 ("Agreement"); and
WHEREAS, Exhibit A to the Agreement, the Scope of Work, allows the City to make a
written request for additional tasks to be performed by the Consultant at an agreed upon price; and
WHEREAS, Section 3 of the Agreement limits expenditures under the Agreement to Thirty
Thousand Dollars ($30,000.00) per year for years 2006 and 2007 unless the parties execute an
addendum to increase the amount; and
WHEREAS, the City wished to have the Consultant take on additional work under the
Agreement; and
WHEREAS, this additional work would bring the total work done under the Agreement to a
sum greater than Thirty Thousand Dollars for year 2007,
NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the
PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO Section 3: That Section 3 of the Agreement is amended to
read as follows:
3. COMPENSATION.
The CITY agrees to pay the CONSULTANT in accordance with the fee schedule
outlined in Exhibit B for work performed under this Agreement. Exhibit B is
Page 1
attached hereto and by this reference made a part of this Agreement. The
compensation to be paid to the CONSULTANT shall not exceed $30,000.00 per year
for the year 2006 and $50,000:00- for the .year: 2007, unless increased by written
agreement of the parties. Compensation to be paid to the CONSULTANT for
authorized work in succeeding years will be contingent upon availability of funds.
The CONSULTANT will not undertake any work or otherwise financially obligate
the CITY in excess of said not-to-exceed amount without a duly executed Addendum
issued by the CITY.
The CONSULTANT shall be paid by the CITY for direct non-salary cost, per
attached Exhibit C, at the actual cost to the CONSULTANT plus 10%. Exhibit C is
attached hereto and by this reference made a part of this Agreement. These charges
may include, but are not limited to the following items: outside reproduction fees,
courier fees, subconsultant fees, travel, and materials and supplies. The billing for
non-salary cost, directly identifiable with the project, shall be submitted as an
itemized listing of charges supported by copies ofthe original bills, invoices, expense
accounts and. miscellaneous supporting data retained by the CONSULTANT. Copies
of the original supporting documents shall be supplied to the CITY upon request. All
above charges must be necessary for the services provided under the Agreement.
In the event services are required beyond those specified in the Scope of
Work, and not included in the compensation listed in this Agreement, a contract
modification shall be negotiated and approved by the CITY prior to any effort being
expended on such services.
ITEM TWO REVISION TO Exhibit A: That Exhibit A, Scope of Services Telecom and
Cable, to the Agreement is amended by the addition of new Section 4, Additional Authorized work,
to read as follows:
The City of Auburn authorizes the following work to be done in conjunction with
the Comcast cable television franchise renewal as an addendum to the 2006
Agreement for Professional Services AG-C-275
The following is the work plan for the City's Cable Franchise Renewal Project.
Michael R. Bradley of Bradley & Guzzetta, LLC, will be the lead consultant and
will coordinate efforts between Bradley & Guzzetta, LLC and its Team Members
(CBG Communications, Inc. and Front Range Consulting, Inc.).
Identify Needs and Priorities $3,000
a. Participation of other cities
b. Future Role of Puget Sound Access
c. Identify Vision of PEG channels (City to do in-house)
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d. Equipment and Staffing Needs (City)
Current Cable Franchise Compliance Review
a. Franchise Fee Review $3,500
b. I-Net Ownership Review $3,000
City must provide documentation related to I-Net ownership
Engage in brief informal negotiations $7,500
Prepare Franchise Documents
Total Estimated Phase I Fees
$3,000
$20,000
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the
Agreement shall remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
BRADLEY & GUZZETTA,LLC
By: ~4~~
Its:
C U RN
By: ~...~---_
Peter B. Lewis ,Mayor
Attest:
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Danielle . Daskam. City Clerk
Approv as to f
Daniel B. Heid, City Attorney
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