Loading...
HomeMy WebLinkAboutAddendum - 2AMENDMENT NO. 2 TO AGREEMENT FOR CABLE TELEVISION FRANCHISE MANAGEMENT CONSULTING SERVICES THIS AMENDMENT, dated for reference purposes only as December 1, 2023, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Bradley Werner, LLC (“Consultant”) a limited liability company. The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-20-428, dated December 1, 2020, to provide necessary services for the cable television franchise management consulting services and telecommunications consulting (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to change the scope of work, change the time for performance, and change the compensation in order to extend the agreement. NOW THEREFORE, It is mutually agreed upon that CAG-20-428 is amended as follows: 1. Scope of Work: Section 1, Scope of Work, is amended to replace Exhibit A to the Agreement with Exhibit A-1, which is attached and incorporated herein. 2.Time of Performance:Section 3, Time of Performance, is amended to extend the term of the Agreement so that all Work shall be performed by no later than December 31, 2025. 3. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increasedby $75,000from $60,000to $135,000, plus any applicable state and local sales taxes. Starting January 1, 2024, the compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B- 1, which is attached and incorporated herein. 4.All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. CAG-20-428, Adden #2-24 PAGE 2 OF 5 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Michael R. Bradley Owner _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 06/17/2021 1/12/2024 Approved by Shane Moloney via email 12/19/2023 ____________________________ Jason A. Seth, City Clerk PAGE 3 OF 5 Exhibit A Scope of Services - Administration Consumer Protection and Complaints - Ongoing • Assume responsibility for reviewing and promptly responding to all public inquiries regarding cable television services, making every effort to bring such inquiries or complaints to a satisfactory conclusion by negotiation with the cable operator whenever possible; and • On-site inspection of areas of dispute to be performed when necessary for reconciliation between the citizen and the cable operator. Senior Citizen/Disabled Person Discounts - Ongoing • Certify to the cable operator(s) that applicants for senior citizen/disabled person discounts meet age and income limitations incorporated in Washington state guidelines. Ordinance Compliance - Periodic • Monitor time or other triggering criteria when appropriate to permit the City to request additional non-entertainment features such as Public, Educational, and Government (PEG) access and implementation of Institutional Networks (I-Nets); and • Analyze and prepare reports on such periodic reports from the operator that may be required by the Franchise Agreement. Bond and Insurance - Annually (or as needed) • Maintain a complete record of all bonds and insurance required by the franchise ordinances; • Advise the City of any default of any such requirements; and • Monitor performance bonds to make recommendations, if necessary, to the City of any cause to exercise City options in the case of non-performance. FCC Regulation - As Needed • Maintain and update a file of FCC regulations as they pertain to municipal franchise procedures; and • Advise the City as to any significant change or modifications to these or any other Federal or State legislation as applicable. • As requested by the City, file Comments and/or Reply Comments on dockets relevant to the City, as an optional service. Annual Reports - Annually • Upon request and as an optional service, furnish a report to the City not more than once in a 12-month period, reviewing, analyzing and commenting upon activities during this period. The City may request Consultant to perform such other municipal cable, telecommunications, wireless, and broadband legal and consulting services as the City deems necessary consistent with the rates set forth in Exhibit B. PAGE 4 OF 5 Exhibit B CompensationAgreement TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITYOFRENTONANDBRADLEYWERNER, LLC A.COMPENSATION 1.Cable Administration.Consultant shall perform the cable administrative services listed in Exhibit A for a flat monthly fee of $1,750.00, plus disbursements. 2.HourlyRates.Forallhourlyworkandanyoptional services, thefollowinghourlyfees shall apply: Michael R.Bradley and Nancy L. Werner $295.00 Associates $225.00 Paralegal/Law Clerk $150.00 3.Flat Fees.The City may agree to participate in optional services with Consultant on a flat fee basis, provided the cost does not exceed the Compensation listed in paragraph 4 of the Agreement. B.DISBURSEMENTS Disbursements (postage, supplies, long distance telephone) would be charged on an actual cost basis. We anticipate the following expenses: photocopies; materials and supplies; courier fees; reproduction; postage; Federal Express; travel (air, hotel, meals, ground transportation, etc.); mileage at $0.655/mile or the current approved IRS rate; parking, court, and administrative agency costs; expert witness fees; and other similar expenses. Subcontracting involves a significant investment in administrative time. In addition, Consultant is charged state tax on all of the subcontractor's fees. If it is necessary to subcontract with other firms with the necessary expertise to assist the City, Bradley Werner, LLC will at the City's request and approval enter into subcontracts with other consultants. The City shall reimburse Bradley Werner, LLC for the actual cost of the subcontracts plus a 10% markup to cover Bradley Werner, LLC additional overhead expense associated with the subcontract. PAGE 5 OF 5 Submission ofInvoices/Fee Adjustments Invoices for work will besubmitted to the City monthly andwillbedueandpayable 30 days after submission. Balances owedfor more than 30 days after invoice date may, at Consultant's option, accrue interest as allowed by Washington law.