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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: August 26, 2003

Subject/Title: Approve a Resolution approving additional funds for Kinley and Associates’ services related to the Comcast Franchise Renewal/Termination in the amount of $60,000

Submitted by: Dennis Beougher, City Attorney

RECOMMENDATION
Approve a Resolution authorizing the City Manager to execute a contract amendment to increase the contract amount for David Kinley’s services related to the Comcast cable television franchise renewal/termination/administrative proceedings in the amount of $60,000.

PREVIOUS ACTION
City Council previously authorized on or about September, 2001 the hiring of David Kinley to assist the City Council in its negotiations with AT&T for the renewal of its cable franchise. Mr. Kinley specializes in support services concerning cable television franchise renewal and termination negotiations.

In the past two years, Mr. Kinley has assisted the City in its negotiations with the former cable television franchise provider, AT&T, and as well as in its negotiations with AT&T’s successor interest, COMCAST. He has also worked with City Council Telecommunications Subcommittee and City staff on the CybAir Corporation informal preliminary negotiations for a second cable television franchise. Mr. Kinley has also drafted various amendments and presented a new cable television franchise ordinance, as part of his work with the City. The City has approved a contract and its associated amendments with Mr. Kinley in the amount of $125,000.

BACKGROUND
Given the complexity of the new stage of the COMCAST negotiations and possible termination proceedings of the COMCAST franchise, City staff is requesting authorizing an additional $60,000 contract amendment to assist the City in its cable television franchise negotiations and the associated administrative proceedings.

Attachments:
Resolution
Amendment No. 2 to Agreement for Professional Services

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING ADDITIONAL FUNDS FOR KINLEY AND ASSOCIATES’ SERVICES RELATED TO THE COMCAST FRANCHISE RENEWAL/ TERMINATION IN THE AMOUNT OF $60,000

WHEREAS, City Council previously authorized on or about September, 2001 the hiring of David Kinley to assist the City Council in its negotiations with AT&T for the renewal of its cable franchise; and

WHEREAS, Mr. Kinley specializes in support services concerning cable television franchise renewal and termination negotiations; and

WHEREAS, in the past two years, Mr. Kinley has assisted the City in its negotiations with the former cable television franchise provider, AT&T, and as well as in its negotiations with AT&T’s successor interest, COMCAST; and

WHEREAS, he has also worked with City Council Telecommunications Subcommittee and City staff on the CybAir Corporation informal preliminary negotiations for a second cable television franchise; and

WHEREAS, Mr. Kinley has also drafted various amendments and presented a new cable television franchise ordinance, as part of his work with the City; and

WHEREAS, the City has approved a contract and its associated amendments with Mr. Kinley in the amount of $125,000.

NOW, THEREFORE BE IT RESOLVED that given the complexity of the new stage of the COMCAST negotiations and possible termination proceedings of the COMCAST franchise, the City Council authorizes an additional $60,000 contract amendment to assist the City in its cable television franchise negotiations and the associated administrative proceedings.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of August, 2003 by the following vote:


AMENDMENT NO. 2
TO
AGREEMENT FOR PROFESSIONAL SERVICES
KINLEY & ASSOCIATES


THIS AMENDMENT NO. 2 is entered into on August 26, 2003 by and between CITY OF BRENTWOOD (“City”) and KINLEY & ASSOCIATES (“Consultant”).

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

WHEREAS, the City needs additional services to revise the cable franchise ordinance and assistance with the review of the proposed cable television renewal/termination proceedings; and

WHEREAS, staff is recommending that City Council authorize additional funds to Kinley & Associates in order to continue the on-going assistance in regards to future proceedings, revision and renewal/termination of cable television franchise within the City of Brentwood.

NOW, THEREFORE, IT IS AGREED as follows:

1. Section 4 of the original agreement, entitled Term is amended to change the date of termination of the agreement to June 30, 2004; and

2. Section 5 of the original agreement entitled Payment is changed to an amount not to exceed $185,000, or an additional $60,000.

3. All other terms of the original agreement shall remain unchanged.

CITY OF BRENTWOOD KINLEY & ASSOCIATES

By: By:
John Stevenson, David Kinley
City Manager

ATTEST:


Karen Diaz, CMC, City Clerk


Approved As to Form:


Dennis Beougher, City Attorney

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