05-0479R


RESOLUTION AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MOSS AND BARNETT RELATED TO THE CABLE FRANCHISE RENEWAL PROCESS.

BY PRESIDENT NESS:

     RESOLVED, that the proper city officials are hereby authorized to enter into an amendment to the professional services agreement, substantially in the form of that on file in the office of the city clerk as Public Document No. __________ with Moss and Barnett related to the cable franchise renewal process, increasing the amount payable thereunder by $19,700, payable from Fund 100, Agency 700, Organization 1428, Object 5441.


STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize an amendment to the professional services agreement with Moss and Barnett to increase the amount payable under the agreement. Moss and Barnett is known throughout the state and country for its expertise in the area of cable communications and has been involved in numerous franchise negotiation processes with a variety of providers including Charter Communications. Brian Grogan of the law firm is the person primarily responsible for the delivery of services.

In November, Moss and Barnett initiated a desk review to determine whether Charter has been paying the city the amounts required under the current franchise. In October of 2004, Charter required that the city execute its nondisclosure agreement prior to releasing any information. It took four months and multiple revisions to reach mutually acceptable terms for that nondisclosure agreement.


A draft of the review is now complete and has been sent to Charter for review to verify the factual accuracy of the information and calculations contained therein. If the City does not receive a response from Charter by July 1, 2005, the report will be distributed for the purpose of processing the conclusions and recommendations. The draft report indicates that monies are possibly owed to the city by Charter. Some of these findings may be disputed by Charter.


The consultant has also completed the city’s PEG needs assessment. Due to the delays stated above, the city is only now ready to begin negotiations with the assistance and advice of the consultant. The franchise expires on October 31, 2005.

 

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