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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. ~%',~ ~ Dated and Signed this ~ I~ day of ~j` ' r" as~a ' , 2007. CI~'Y O ~~UBU ~~ ~~:% . _.. _- -- __. 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 ~~.~~.q 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) Page 2 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: B ~~~ ~ ~~~ y• Danielle . Daskam. City Clerk Approv as to f Daniel B. Heid, City Attorney Page 3