DISCLAIMER

 

06-0357R


RESOLUTION AUTHORIZING A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MOSS & BARNETT RELATED TO THE CABLE FRANCHISE RENEWAL PROCESS.

BY PRESIDENT REINERT:

     RESOLVED, that the proper city officials are hereby authorized to enter into a third 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 & Barnett related to the cable franchise renewal process, increasing the amount payable thereunder by $3,201.00, payable from Fund 0100, Agency 700, Organization 1407, Object 5441.


STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize a third and final amendment to the professional services agreement with Moss & Barnett to increase the amount payable under the agreement. The cable franchise ordinance was approved by the council at its May 8, 2006, meeting.


The amount of $7,524.95 remained on the agreement as of March 1, 2006. It was during March and April that lengthy negotiations occurred resulting in the approved franchise ordinance.


Mr. Grogan’s work on the franchise was completed on April 12, 2006. It was not until later in April and early May that staff received the billings for both March and April 2006. The March billing exceeded the contract by $136.55; the April billing was an additional $3,858.50. Therefore, the total amount the contract was exceeded equals $3,995.05.


The administration and staff discussed their concerns regarding the overage with Mr. Grogan via email and telephone. Based on these discussions, Mr. Grogan spoke with his firm’s CFO and the chair of the accounting department. Moss & Barnett has agreed to reduce the outstanding amount by approximately 20 percent ($794.05) leaving a balance of $3,201. The legal advice and guidance provided by Mr. Grogan resulted in a favorable franchise with Charter.