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CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: July 23, 2002

Subject/Title: Authorize the City Manager to execute a contract change order to the existing professional services agreement (P.O. No. 3837) with Kinley & Associates for an additional $50,000; and amend the budget.

Submitted by: D. Beougher/S. Gronlund

Approved by: John Stevenson, City Manager

RECOMMENDATION
Authorize the City Manager to execute a contract change order to the existing professional services agreement (P.O. No. 3837) with Kinley & Associates for an additional $50,000 for continuing assistance with the AT&T cable franchise renewal process and the CybAirCorp draft cable franchise application.

PREVIOUS ACTION
None.

BACKGROUND
On September 11, 2001, the City of Brentwood executed a professional consultant service agreement with David Kinley to provide legal assistance for the renewal process of the AT&T cable franchise. Since then the City has requested that he also provide revisions to the current cable franchise ordinance and assistance with the review of the proposed draft cable franchise application from CybAirCorp. Staff is recommending authorizing additional funds to Kinley & Associates in order to continue the on-going legal and advisory services in regards to future review, revision and renewal of cable franchises within the City of Brentwood.

Staff is recommending that Council authorize the City Manager to execute the attached Amendment One that would extend the term of the contract to December 31, 2003 and revise the contract amount as prepared in this staff report.

FISCAL IMPACT
To date the City of Brentwood has paid $40,000 to Dave Kinley for the above-mentioned services. Staff is recommending authorizing budget adjustment of $50,000 from non-departmental budget for a total of $90,000.

Attachment:
Resolution
Amendment One

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT CHANGE ORDER TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT (P.O. No. 3837) WITH KINLEY & ASSOCIATES FOR ADDITIONAL $50,000; AND AMEND THE BUDGET.

WHEREAS, On September 11, 2001, the City of Brentwood executed a professional consultant service agreement with David Kinley to provide legal assistance for the renewal process of the AT&T cable franchise; and

WHEREAS, City needs additional services to revise the cable franchise ordinance and assistance with the review of the proposed draft cable franchise application from CybAirCorp; and

WHEREAS, Staff is also recommending authorizing additional funds to Kinley & Associates in order to continue the on-going legal and advisory services in regards to future review, revision and renewal of cable franchises within the City of Brentwood; and

WHEREAS, Staff is recommending to extend the term of the existing agreement to December 31, 2003.

NOW, THEREFORE, BE IT RESOLVED to authorize the City Manager to execute a contract change order to the existing professional services agreement (P.O. No. 3837) with Kinley & Associates for additional $50,000 for continuing assistance with the AT&T cable franchise renewal process and the CybAirCorp draft cable franchise application.

BE IT FURTHER RESOLVED to authorize the City Manager to execute the attached Amendment One to the Agreement for Professional Services with Kinley & Associates.

BE IT FURTHER RESOLVED to amend the non-departmental budget by $50,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of July 2002, by the following vote:

AMENDMENT ONE
TO
AGREEMENT FOR PROFESSIONAL SERVICES
OF KINLEY & ASSOCIATES

This Amendment is entered on July 23, 2002 by and between the City of Brentwood and Kinley & Associates.

WHEREAS, On September 11, 2001, the City of Brentwood executed a professional consultant service agreement with David Kinley to provide legal assistance for the renewal process of the AT&T cable franchise.

WHEREAS, City needs additional services to revise the cable franchise ordinance and assistance with the review of the proposed draft cable franchise application from CybAirCorp.

WHEREAS, Staff is also recommending authorizing additional funds to Kinley & Associates in order to continue the on-going legal and advisory services in regards to future review, revision and renewal of cable franchises within the City of Brentwood.

WHEREAS, Staff is recommending to extend the term of the existing agreement to December 31, 2003.

NOW, THEREFORE, IT IS AGREED as follows:

1. Section 4, of the original contract, entitled term is amended to change the state termination date of the contract to December, 31, 2003.

2. Section 5, of the original contract, entitled payment is changed to an amount not to exceed $90,000.

Kinley & Associates


By________________________________ Dated:_____________


City of Brentwood

By________________________________ Dated:_____________
John E. Stevenson, City Manager

Attest:

By_______________________________ Dated:_____________
Karen Diaz, City Clerk, CM

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov