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HomeMy WebLinkAboutIT15-241 - Amendment - #1 - Kissinger & Fellman, P.C. - Legal Consultant for Master Cable Franchise Ordinance - 01/17/2018 r Giirii/ Records '* KE T Document �U/��////%L d� rill Sri ri CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Kissinqer & Fellman Vendor Number: 1065178 JD Edwards Number Contract Number: Using Prior IT15-241 This is assigned by City Clerk's Office Project Name: Consultant for Cable Franchise Ordinance Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/14/2017 Termination Date: Passaqe or Ordinance Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Patti Belle Department: Information Technology Contract Amount: $20.000 Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): $20,000 - Original agreement IT15-241 $20,000 - Amendment No. 1 As of: 08/27/14 lsN T AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Kissinger & FC11man, P.C. CONTRACT NAME & PROJECT NUMBER:Consultaipt f9r Cable Frgnghise Ordinance #IT1S-241 ORIGINAL AGREEMENT DATE: 7 2 15 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue to assist the City with complex and ongoing franchise negotiations, including negotiations of an Institutional Network (INET) Agreement with Comcast and finalize the resulting franchise agreement, INET agreement and ordinance. It is anticipated that 50 - 60 additional hours will be needed for negotiations, and follow-up phone calls and drafting of franchise terms, at $290.00 per hour. In addition, Consultant will likely need to make 2 - 4 additional trips to the City's offices for franchise and INET negotiations and presentation of final documents and the approval ordinance to City Council. Each trip is estimated to cost approximately $750 and includes airfare, hotel, car, and meals. Because Mr. Fellman works with other western Washington jurisdictions, he will endeavor to schedule in person visits together with trips serving other jurisdictions, which will allow for sharing of costs. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $20,000 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $20,000 including all previous amendments .__....-............-.. - - Current Amendment Sum $20,000 Applicable WSST Tax on this n/a Amendment Revised Contract Sum $40,000 AMENDMENT - 1 OF 2 _......... Original Time for Completion Passage of Franchise (insert date) —.-.. ......_..... Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time for Completion Passage of Franchise (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. .......... _..._.............. CONSULTANT/VENDOR: CITY OF KENT: KISSI9"dGIA? P FELLMAN P.C. r, I1-4 By "- lir ., By: D a +nwv 1 (signature) (signatu Print Name: Ken Feliman Print Name: Its President Its ryyl.,Av 12/14/17 (title) I k (title) DATE: DATE: a..... .. .....m.. .._.......... --....................... APPROVED AS TO FORM: (applic b if Mayor's signature required) L w Department [In this field,you may enter the electmmc filepii where the concraR has been saver] AMENDMENT - 2 OF 2 Kissinger & Fellman) P.C. RIC'RARD r.A1S)IYGRR m'vrrxa rELLMwn Ptarmigan Place,Suite 900 ` a r• ,> eoery c atr�v Min 3773 Cherry Creek North Drive k roan.,)c Lea[CK Denver,CO 80209 """' 7 e aRnvuon M.arrrn�l Telephone: 303-3204100 PAUL D,GCI)EC,'SPECIAL CMNML Facsimile: 303-3 2 7-8 601 Invoice submitted to: e 4 F Kent, Washington DEC Q 6 2017 Attn: Kent,Washington- FINANCE EMAIL BILL ONLY TO: accountspayable@kentwa.gov Kent, WA 98032 z""1 NT VJ I' - A I P November 20, 2017 In Reference To. Legal Services Rendered 10/21/2017 through 11/20/2017 Invoice# 25652 PROFESSIONAL SERVICES HOURS AMOUNT Cable Ordinance and Franchise Project 2( 0151 1 111 3/2 01 7 KSF Respond tc Tammy's questions on outstanding franchise issues. 0.60 174.00 11/14/2017 KSF Draft revisions to franchise draft based upon staff call, send to City Staff for 1,70 493,00 final review before sending to Comcast. 11/15/2017 KSF Review Tammy's feedback, draft further revisions to latest draft of agreement; 1,00 290.00 exchange email with Tammy re status; review Chad's clarification; revise Tammy's draft language to address Chad's concerns. 1 111 6/20 1 7 KSF Draft email to Comcest with latest draft of franchise and PEG justifications. 0.70 203.00 1 1/1 712 01 7 KSF Review Madie's edits to Section 7, compare to draft identifying other sections 1.50 435,00 needing Comcast feedback and respond to Madie re same; review and draft edits to Comcast mark up of CSS; exchange email with clients re same. 11/20P2017 KSF Review new language from Madie re Sections 7 and 12,travel to Kent. 3.00 870-00 SUBTOTAL: 8,50 2„465.00j For professional services rendered 8.5M $2,465.00 Previous balance 10 41 BALANCE DUE $5,975A1 Kent, Washington Page 2 Kissinger& F011man, P.C. Tax Identification No.3"857437 We accept VISA or MasterCard Current 30 Days 45 Days -'2,465 00-3,510.41 000 000 0,00 0.00 Professional Summary Name HOURS Rate AMOUNT K9V.-Ke—nnelb S.'-F...e-Rm5­n-(7a—rtner)------ --YW --290R- -----52,-46-5-0-T RICHARD P.KNSINGER Kissinger & Fellman, P.C. KENNE fl S EELI.MAN Ptarmigan Place,Suite 900 JONA'rRAN M.AeRAmsory EONAT G. M A Cherry 3773 Creek North Drive IOR DAN C.ILRECK Denver,CO 80209 BRANDON M.MrrMM Telephone: 303-320fi 100 PAL L D.GODEC:SPECIAL COUNSEL Facsimile: 303-327-8601 Invoice submitted to: Kent, Washington JAN 1 , Attn: Kent, Washington -- FINANCE EMAIL BILL ONLY TO: accountspayable@kentwa.gov i T R I jC Kent, WA 98032 t N1 "N December 20, 2017 In Reference To: Legal Services Rendere 11/21/2017 through 12/20/2017 Invoice# 25853 PROFESSIONAL SERVICES HOURS AMOUNT Cable Ordinance and Franchise Proiect(2015) 11/2112017 KSF Meeting with Staff Team to prepare for negotiations; attend negotiations with 7.00 2,030.00 Staff and Comcast. 11/28/2017 KSF Review Tom's email re rethinking strategy for addressing INET and PEG 1.20 348.00 issues;telephone conference with Steve Holmes re Comcast ideas on global resolution, including tax issues; email to Tom and Tammy with feedback to Tom and Tammy's emails and re issues raised by Holmes. 12/4/2017 KSF Telephone conference with Tam, Tammy, Mike and James re Comcast INET 1.10 319,00 proposals, major issues City needs to be addressed, Comcast's position re utility tax, and strategy for responding to Comcast;email to Steve Holmes re request for time for follow up discussion 12/8/2017 KSF Email exchange with Staff and with Steve Holmes re scheduling call to 0.30 87,00 discuss INET and PEG issues 12/14/2017 KSF Telephone conference with Steve Holmes re INET and PEG negotiations; 1,10 3%00 draft email to staff re description of call and need for follow up call 12/20/2017 KSF Review materials received yesterday from Tammy,telephone conference with 2.30 667.00 Staff to prepare for call with Comcast;telephone conference with Staff and Comcast re City position on (NET, PEG funding and utility tax implications; telephone conference with Staff re outcome of call and next steps;,send' documentation about INET to Comcast for review SUBTOTAL: [ 13,00 3,770.001 Kent, Washington Page 2 HOURS AMOUNT For professional services rendered 13.00 $3.770.00 EXPENSES Cable Ordinance and Franchise PTTed(2015) 1 1122/20 1 7 Lyft rides while in Washington 45.44 Fairfield Inn, Seatac, Washington 113.27 Parking at Denver International Airport 42.00 SUBTOTAL: [ 200.711 Total additional charges $200.71 Interest on overdue balance $27.70 Total amount of this bill $3,998.41 -- Previous balance $5,975.41 BALANCE DUE $9,973.82. Kissinger& Fellman, P.C. Tax Identification No. 84.0857437 We accept VISA or MasterCard Current, 30 Days 45 Days SO Days 90 Days ... 12�0 Days 3,998A1 2,465,00 - - 000 3,510.41 0.00 0.00 Name. Professional Summary HOUR'S Race AMOUNT ft 0 4,0,,d Ilk' d1G FUCHAnD P.IaSSmGFR Kissinger & Feliman, P.C. KENNETH S.EEI.LMAN Ptarmigan Place,Suite"0 S N M.ABunnsory MBB']CAN M.\ 3713 Cherry Creek North Drive BD ' JOBUAN C.LUBECk Denver,CO 80209 WASi M.DITrm AN Telephone: 303-320b100 y i" p Way PAIL O-CODCCT SPECIAL COUNSEL Facsimile: 303-327-8601 Invoice submitted to. Kent, Washington Attn: Kent, Washington--FINANCE E EMAIL BILL ONLY TO: IVO'I 2Dlr' accountspayable@kentwa.gov Kent, WA 98032 October 20, 2017 In Reference To: Legal Services Rendered 08/21/17 through 09/20/17 Invoice# 25420 PROFESSIONAL SERVICES HOURS AMOUNT Cable Ordinance and Franchise Project(2015) 9/28/2017 KSF Review CSS draft and send to Comcast. 0.30 87.00 1002017 KSF Meeting with Staff to prepare for negotiations with Comcast, attend 5.50 1,595.00 negotiations, review notes on further revisions, 10/3/2017 KSF Meeting with Staff to prepare for today's negotiations,continue franchise 5.00 1,450.00 negotiations with Comcast. SUBTOTAL: [ 10.80 3,132.001 For professional services rendered 10,80 $3,132.00 EXPENSES Cable Ordinance and Franchise Project(2015) 9/22/2017 Airfare to/from Kent, Washington 378.41 SUBTOTAL: [ 378.41] Total additional charges $378-41 Total amount of this bill $3,510.41 Previous balance $3,857.00 Kent, Washington Page 2 AMOUNT PAYMENTS 1D1213/2017 Payment-thank you. Check No, 718661 ($3,857.00) Total payments and adjustments ($3,857.00) BALANCE DUE $3,510.41 Kissinger& Fellman, P.C. Tax Identification No.84-0857437 We accept VISA or MasterCard Professional Summary Name HOURS Hate AMOUNT iKSF—Kenneth�. Fellman artnery._ 10- 290.00 3,132,0 ' IIII ' ,Ili � � � � � w �� �„ I u � � — µ ., �� H�y�sl ', Y; uu' - „ �, I '� � r I' ' I uw: � � e Iw � u' we .ICI II .:a�„ m � m� �I � n .,, .. v, wa, u IMF wagym � .. I ® w.0 � Powre� "L. .L . �.. f I� � in n �,„ I I% al � m I� W m �, � ;: i Ifm IIW " I. � "' Wl ON I A, m w w, �, n � ��„ �„ ad w. 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