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Home My WebLink About41-00 RESOLUTIONRESOLUTION NO, 41-00 MICR Of:111MM) A RESOLUTION APPROVING AN ENGAGEMENT AGREEMENT WITH MOSS & BARNETT CONCERNING LEGAL REPRESENTATION DURING RENEWAL OF THE CITY'S CABLE TELEVISION FRANCHISE, DEVELOPMENT OF A TELECOMMUNICATIONS ORDINANCE, AND REVIEW AND UPDATE OF OTHER UTILITY ORDINANCES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves an engagement agreement with Moss & Bamett concerning legal representation dunng renewal of the City's cable television franchise, development of a telecommunications ordinance, and review and update of other utility ordinances at a cost not to exceed $30,000. A copy of the engagement agreement is attached hereto marked Exhibit "A". PASSED AND APPROVED this 21s' day of March , 2000. ATTEST: eather oodruff, City erk APPROVED: By: cd4frhtd Fre arma, Mayor ENGAGEMENT AGREEMENT This Engagement Agreement sets forth the agreement between the City of Fayetteville, Arkansas, a Municipal Corporation ("City"), and Moss & Barnett, A Professional Association ("Moss & Barnett"), concerning legal representation regarding renewal of the City's cable television franchise, development of a telecommunications ordinance, and reviewing and updating existing utility ordinances. Defense of any legal challenges brought by any person challenging said ordinances are not contemplated as part of the fees estimated below. 1. Moss & Barnett's fees and costs to be charged to the City shall not exceed One Hundred and Ninety-five Dollars ($195) per hour with total fees and costs estimated not to exceed Thirty Thousand and no/100 Dollars ($30,000). However, Moss & Barnett and the City acknowledge that neither can control the actions o f Cox Communications ("Cox"), the City's cable television operator, nor other telecommunications providers, utilities, or right-of-way users which may be impacted by ordinances prepared during the scope of Moss & Barnett's representation. Moss & Barnett will use its best effort to ensure all tasks assigned by the City are completed within the above -referenced fee estimate. However, the City acknowledges that the actions of other persons impacted by ordinances prepared by Moss & Barnett or involved in negotiating with the City may serve to delay the process and/or increase fees and costs beyond the estimated fees which may then require an additional budget allocation by the City. 2. Moss & Barnett will represent the City with Brian Grogan as the primary attorney responsible for all services. While other professional in this office may perform services on the City's behalf in connection with the services referenced above. It is understood and agreed that Brian Grogan will not be removed or replaced as the pnmary and responsible attorneys for all services without the prior consent of the City. Moss & Bamett will use its best judgment to determine the most economical use of its attorneys and staff personnel. 3. The City will receive an itemized statement of account from Moss & Barnett on a monthly basis. This statement will summarize the services rendered and the costs and expenses incurred on the City's behalf. Bills are based upon hourly rates presently ranging from Seventy-five Dollars (S75) to One Hundred and Ninety-five Dollars ($195) per hour for legal assistant, law clerk and attorney time. While the City will be billed at the rate of One Hundred and Ninety-five Dollars ($195) per hour for the services of Brian T. Grogan, time spent by other lawyers, law clerks, and legal assistants in the firm of Moss & Bamett will be billed at the regular hourly rates of such employees. Moss & Barnett reserves the right to increase the hourly rates of any attomeys and staff. Such increases will, however, not be implemented without the prior approval of the City. Time is billed by the one-tenth(1/10th) of an hour, which is the minimum time charged for any service. Billed time includes all time spent on the City's behalf in connection with the matter referenced above, including conferences, telephone calls, drafting and reviewing of documents and memoranda, preparing and reviewing of correspondence, negotiations, legal research, interoffice conferences, and travel to and from locations away from the office Page 2 Agreement: Moss & Bamett City of Fayetteville, Arkansas 4. The City will reimburse Moss & Barnett for all reasonable and necessary costs and expenses that we incur on the City's behalf. These costs and expenses included charges for photocoying, long-distance telephone calls, delivery and messenger services, telecopying, WESTLAW, travel, food and lodging. 5. The periodic statement of account that the City with receive from Moss & Barnett will include a brief description of activity on the matter. We do not itemize all specific services rendered on a particular date. The City will contact Moss & Barnett in writing within thirty (30) days of receipt of its statement if the City has a question regarding any charges on its statement. If Moss & Barnett does not hear from the City it will assume that there are no questions or problems. 6. All balances on the City's account are due thirty (30) days after the date of the statement. 7. Moss & Barnett assures that its services will be accomplished in a timely manner and with the cooperation and assistance of the City. In this regard, the City agrees to designate a contact person whom Moss & Barnett will contact and who will regularly review, discuss, and meet with Moss& Barnett regarding the services provided, the time for performance of the services, and to assist in arranging meetings, conferences, and other arrangements with City personnel to facilitate the performance of services by Moss & Barnett and to ensure that all information and issues required for review by the City are made available to Moss & Barnett. 8. This Agreement may be terminated for any reason by either the City or Moss & Barnett upon giving thirty(30) days written notice to the other. If such notice is given to Moss & Barnett, it shall immediately cease work. All fees and costs incurred to the date of receipt of the notice will be paid to Moss & Barnett. Otherwise, there shall be no further liability to the City. 9. This Agreement contains all of the terms of the services and financial arrangement between the City and Moss & Barnett and can only be modified by a written document signed by both parties. MOSS & BARNETT A Professional Association Dated: By: Brian T. Grogan 0 NAME OF FILE: it&DDM5-3. X t414-EA15-27- ezry -rv A-,4/(1 //rsa. CROSS REFERENCE: Date Contents of File Initials ,g-2/-_00_155, '5// - DD Z-Xiiirnr T W " ( EA)G-Aa•Eina-A1-7- 40,6Emek 7- \ 3 -2/-e0 / S 774kA. leailt e to k o g )r, STAFF REVIEW FORM xx AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 21, 2000 FROM: Jerry Rose Name City Attorney General Government Division Department ACTION REQUIRED: Approval of an engagement agreement with Moss & Barnett concerning legal representation during renewal of the City's cable television franchise, development of a telecommunications ordinance, and review and update other utility ordinances. COST TO CITY: $30,000.00 Cost of this Request 1010-0210-5314-01 Account Number Project Number 48,516.00 Services & Charges Category/Project Budget 2,905.00 Category/Project Name City Attorney Funds Used To Date Program Name General Fund Remaining Balance Fund BUDGET REVIEW: eau ge Manager XX Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acc unting Manager Date Internal Auditor Date City A torn -63 Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Approve engagement agreement. Division Head Date Cross Reference New Item: Yes No Department Director Date Prey Ord/Res #: Administrative Services Director Date Mayor Date Orig Contract Date: r RESOLUTION NO. 41-00 A RESOLUTION APPROVING AN ENGAGEMENT AGREEMENT WITH MOSS & BARNETT CONCERNING LEGAL REPRESENTATION DURING RENEWAL OF THE CITY'S CABLE TELEVISION FRANCHISE, DEVELOPMENT OF A TELECOMMUNICATIONS ORDINANCE, AND REVIEW AND UPDATE OF OTHER UTILITY ORDINANCES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves an engagement agreement with Moss & Barnett concerning legal representation during renewal of the City's cable television franchise, development of a telecommunications ordinance, and review and update of other utility ordinances at a cost not to exceed $30,000. A copy of the engagement agreement is attached hereto marked Exhibit "A". PASSED AND APPROVED this 211t day of March 2000. ATTEST: By: Heather aWoodruff, Cit; erk JUPROVED: i By: F Hanna, Mayor • • •