HomeMy WebLinkAboutIT15-241 - Amendment - #2 - Kissinger & Fellman, P.C. - Legal Consultant for Master Cable Franchise Ordinance - 06/15/2018 ANT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
❑ Pink Sheet Attached
Vendor Name: Kissinger & Fellman
Vendor Number (]DE): 1065178
Contract Number (City Clerk). 1n5 ~ 2bl I- 0
Category: Franchise Agreement
Sub-Category (if applicable): Amen.d_m.ent.____ .______
Project Name: Consultant for Cable Franchise Ordinance - Amendment 2
Contract Execution Date: 05/25/18 Termination Date: Passage or Ordinance
Contract Manager: Patti Belle Department: IT
Contract Amount: $20,000
Approval Authority: ❑ Director ® Mayor ❑ City Council
Other Details:
$20,000 Original reement IT15 Ag -241
_. — ------
$2C1,000 Amendmenk IT15-241-002
T
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: Kissinger & Feliman, P.O.
CONTRACT NAME & PROJECT NUMBER:CQnsultant for Cable Franchise Or na a #IT15
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:
I. 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 $20,000
including applicable WSST
..... ..___........_..............------.,...._.__....._........
Current Contract Amount $40,000
including all previous amendments
Current Amendment Sum $20,000
Applicable WSST Tax on this n/a
Amendment
Revised Contract Sum $60,000
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 (t) 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/VENDprrOR: CITY OF KENT:
By,� A �
By: 4 ll ��.r'
LL
(signature) (signah '
Print Name: Kenneth S. Fellman Print Name:
Its President Its rm
(title) (true)
DATE: Mav 25. 2018, DATE: �. p._
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
..� ._...........
Kent Law Department
]In this fold,YOU may enter the electronic fllepaM where the contract lias been saved]
AMENDMENT - 2 OF 2
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