HomeMy WebLinkAbout26-01 RESOLUTION• •
RESOLUTION NO. 26-01
A RESOLUTION APPROVING AN EXTENSION OF THE
ENGAGEMENT AGREEMENT WITH MOSS AND BARNETT TO
ALLOW FOR FURTHER NEGOTIATION OF A FRANCHISE
AGREEMENT UNTIL SAID TASK IS COMPLETE AND
APPROVING AN AMOUNT NOT TO EXCEED $20,000 TO
COVER EXPENSES FOR LEGAL SERVICES AND TRAVEL
EXPENSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
engagement agreement with Moss and Barnett, approved by Resolution No. 41-00, passed and
approved March 21, 2000, to allow for further negotiation of a franchise agreement until said task
is complete and approving an amount not to exceed $20,000 to cover expenses for legal services and
travel expenses.
PASSED AND APPROVED this 20th day of February , 2001.
t.
ATASTS
By:/�tt
Heather Woodruff, City ClertE
APPROVED:
B
(0
Charles D. Coody, May
•
NAME OF FILE: Resolution No.26-01
•
CROSS REFERENCE: Res. 41-00
02/20/01
Resolution No. 26-01
01/29/01
Departmental Memo to Dan Coody, Mayor and Fayetteville City Council
from Jerry E. Rose regarding Moss & Bsmett Contract -Cable TV
Franchise
03/21/00
Resolution No. 41-00
Copy of the Engagement Agreement
03/21/00
Staff Review Form
02/20/01
Staff Review Form
03/08/01
Departmental Memo from City Clerk
NOTES:
AIA
FAFETTEVI,LE Yll
LEGAL DEPARTMENT
CITY ATTORNEY DIVISION
JERRY E. ROSE, Crry ATTORNEY
LAGAYLE D.MCCARYY, ASST. Cm ATTORNEY
DEPARTMENTAL CORRESPONDENCE
To: Dan Coody, Mayor
Fayetteville City Council
From: Jerry E Rose, City Attorney
Date: January 29, 2001 •�
Re: Moss & Bamett Contract - Cable T.V. Franchise
In March of 2000 the city entered into an engagement agreement with Moss and Barnett to represent
the City of Fayetteville in our cable T.V. franchise renewal, to develop a telecommunications
ordinance and to review and update our utility ordinances. The agreement was for a cost not to
exceed $30,000. The costs are going to exceed that figure and I recommend adding an additional
$20,000 to the agreement and extending it until completion of the cable T.V. franchise renewal.
The cost overruns have been in both the cable T.V. franchise renewal and in the development of the
telecommunications ordinance. The telecommunications ordinance required much more lengthy and
in-depth discussions with Southwestem Bell's attorney than originally contemplated and two trips
to Fayetteville were necessary before its final passage. Similarly the discussions between the city
and Cox Cable's legal staff has been made much more lengthy than anticipated especially with the
discussion of the institutional network as part of the franchise. Mr. Grogan will need to make at least
one trip to Fayetteville in order to bring the new city attorney and mayor fully up to date on the
franchise negotiations.
For the reasons above I would recommend an extension of the engagement agreement for an
additional $20,000.
/cbp
Attachment(s)
• •
RESOLUTION NO. 41-00
MICR OF
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 215` day of March . 2000.
ATTEST:
By:
Heather L/Z Wl2//uffoodr, Cit;eic
APPROVED:
By:
��/�
Fr arena, Mayor
e
RES
•
• • •i
ENGAGEMENT AGREEMENT
This Engagement Agreement sets forth the agreement between the City of Fayetteville,
Arkansas, a Municipal Corporation ("City"), and Moss & Bamett, 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 of 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 & Barrett'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 primary and responsible attorneys for all
services without the prior consent of the City. Moss & Barnett 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 & Barnett will be billed at the regular hourly rates of such
employees. Moss & Barnett reserves the right to increase the hourly rates of any attorneys and staff.
Such increases will, however, not be implemented without the pnor 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.
Oaf
Ina:
•
Page 2
Agreement: Moss & Barnett
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
photocoymg, 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
1
•
• • ••
Page 3
Agreement: Moss & Barnett
City of Fayetteville, Arkansas
CITY OF FAYETTEVILLE, ARKANSAS
A Municipal Corporation
Dated: By:
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
•
xx AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
For the Fayetteville City Council meeting of March 21, 2000
FROM:
Jerry Rose
City Attorney General Government
Name 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
48,516.00 Services & Charges
Category/Project Budget Category/Project Name
2,905.00 City Attorney
Account Number Funds Used To Date
Project Number
45,611.00
Remaining Balance
Program Name
General Fund
Fund
BUDGET REVIEW:
(Budget Manager
XX Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Acc
unting Manager
4
d
City ttorn
y
Purchasing Officer
GRANTING AGENCY:
Date Internal Auditor
3-z.4 -G3
Date ADA Coordinator
Date
Date
Date
STAFF RECOMMENDATION: Approve engagement agreement.
Division Head
Department Director
Administrative Services Director
Mayor
Date
Date
Date
Date
Cross Reference
New Item: Yes No
Prev Ord/Res #:
Orig Contract Date:
ST
frac
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
•
STAFF REVIEW FORM
FOR: COUNCIL MEETING OF February 20, 2000
•
MAYOR'S APPROVAL
FROM:
Jerry E. Rose
Name
City Attorney
Division
Legal
Department
ACTION REQUIRED:
Authorizing the extension of the Engagement Agreement with Moss & Barnett to allow for further
negotiation of a franchise agreement until said task is complete and approving an amount not to exceed
$20,000 to cover expenses for legal services and travel expenses.
COST TO CITY:
-$20,000
Cost of this Request
Account Number
Project Number
Category/Project Budget
Funds Used to Date
Remaining Balance
.Sm
4EuI
Category/Project Name D/Z
Program Name
Fund
BUDGET REVIEW
Budget Coordinator
Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
A7`counting Manager
Cityl4ttome§
Purchasing Officer
QQDate
,_QI
Date
Date
GRANTING AGENCY:
Internal Auditor
ADA Coordinator
Date
Date
STAFF RECOMMENDATION:
Approval of Engagement Agreement extension and $20,000.
Division Head
Department Director
Administrative Services Director
Date
Date
Date
CROSS REFERENCE
New Item:
Yes
No
Previous Ordinance/Resolution No.:
Original Contract Date:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Kit Williams, City Attorney
From: Heather Woodruff, City Clerk
Date: March 8, 2001
Attached is a copy of the resolution approving an extension to the agreement with Moss and
Barnett for negotiation of a franchise agreement. The original will be microfilmed and filed with
the City Clerk.
cc: Nancy Smith, Internal Auditor
RESOLUTION NO. 27-01
A RESOLUTION ESTABLISHING CRITERIA, RULES AND
REGULATIONS FOR APPOINTMENT TO CITY BOARDS AND
COMMISSIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. The following criteria should be considered when making appointments:
1. Expertise and experience in the subject matter.
2. Interest in the subject matter.
3. Balance of appointive body.
4. Registered voter within the corporate limits of Fayetteville.
5. Individual's ability to attend meetings of the appointive body.
6. Willingness to serve.
7. Specific criteria as established in the ordinance or resolution establishing such board
or commission.
Section 2. The following rules and regulations shall apply to citizen appointments to
boards and commissions:
1. Any person who has served two consecutive terms on any citizen commission or board
is not eligible for reappointment to the same group until one term of office has expired, unless there
are an insufficient number of qualified applicants to fill all vacancies.
2. The weight given to the various criteria set forth in Section 1. above shall be determined
for each board or committee appointment.
3. Moving from residence within the corporate limits of Fayetteville shall
constitute resignation of committee membership.
4. Absence from three consecutive meetings is considered a basis for
termination of membership on a city board or committee.
Section 3 Any committee or board member currently serving that does not reside in the
corporate city limits of Fayetteville may continue serving until their current term expires.
• •
PASSED AND APPROVED this 20th day of February , 2001.
APPROVED:
By: l i al t . \ Cole
ATTEST: / /
By: � ) 6 4 eg
Heather Woodruff, City Cler
Charles D. Coody, May
„4
res. 27-01
NAME OF FILE: Resolution No. 27-01
CROSS REFERENCE:
02/20/01
Resolution No. 27-01
NOTES:
i
RESOLUTION NO. 28-01
A RESOLUTION APPROVING A BUDGET ADJUSTMENT INCREASING THE
COST SHARE WITH MCDONALD'S INC. FOR WIDENING JOYCE BOULEVARD
AND INSTALLING DRAINAGE IMPROVEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council hereby approves a budget adjustment by
increasing its Cost -Share agreement for Joyce Boulevard drainage improvements,
Account number 4470-9470-5817.00 in the amount of $179,095.00 and its Cost -Share
agreement for Joyce Boulevard widening, Account number 4470-9470-5809.00 in the
amount of $19,420.00.
PASSED AND APPROVED this 1Q day of 44/ IUJ , 2001.
•',— ; — t o
71
ATTEST:
By
Heather Woodruff, CCity
APPROVED:
By:
Jot
NAME OF FILE: Resolution No. 28-01
CROSS REFERENCE:
03/20/01
Resolution No. 28-01
02/16/01
Departmental Memo to Dan Coody, Mayor, thru Don Bunn and Jim
Beavers from Ron Petrie regarding the proposed change order
Vicinity Map
Construction Drawing
Cost -Share Agreement
03/06/01
Staff Review Form
03/26/01
Departmental Memo from City Clerk
NOTES:
FAYETTEVIPI.E
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Mr. Dan Coody, Mayor
Thru: Don Bunn, Asst. PW Director
Jim Beavers, City Engineer
From: Ron Petrie, Staff Engineer e
Date: February 16, 2001
Re: Proposed Change Order in the amount of $108,500.00 for the Cost Share with
McDonald's Incorporated for the widening of Joyce Boulevard and the installation of a
storm pipe from Simmon's Bank to the west side of Mall Lane and to the south side of
Joyce Boulevard.
The City Council approved a cost -share with the McDonald's Corporation in the amount of
$90,015.00 at the September 5, 2000 Council Meeting to widen Joyce Boulevard and install
additional storm pipes. Attached is the original memo sent to Mayor Hanna that explains the
scope of the cost -share. The amount of the original request was based upon an estimate provided
by McDonald's from a preliminary design. Since this cost -share was approved by the Council,
these improvements have been designed and bids have been received from Contractors In
addition, the design required an additional 192 feet of storm pipe that will have to be installed
across Joyce Boulevard. The following prices were submitted by the low bidder, Dean Crowder
Construction:
City
Developer
Total
$168,257.00
$ 65,827.00
$234,084.00
Therefore, an additional $108,500.00 is requested for this project. This amount was determined
as follows:
City's Portion
Engineering Fees
Sub -Total
Less Previously Approved
Sub -Total
15% Contingency
Total Additional Funds Requested
$168,257.00
$ 16,110.00 (Includes Inspection)
$184,367.00
$ 90,015.00
$ 94,352.20
$ 14,148.00
$108,500.00
m
• •
Mayor Dan Coody
February 16, 2001
Page Two (2)
Based upon the information provided by the Budget & Research Division, there is a remaining
balance of $448,614.00 in the Miscellaneous Drainage Improvement Account.
The final costs to the City will be based upon actual costs as documented by the McDonald's
Corporation subject to review by the City and may, or may not exceed the Developer's
estimate. However, the City's share will not exceed the estimated costs without additional
authorization.
Enclosures:
Original Memo to Mayor Hanna (Dated August 18, 2000)
Staff Review Form
Vicinity Map
Construction Drawing
Revised Cost -Share Agreement
Construction Bids
Revised Purchase Requisition
FAYETTEVI1kJE
THE CITY OF FAYETTEVIIIE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Mr. Fred Hanna, Mayor
Thru: Charles Venable, PW Director
Jim Beavers, City Engineer
From: Ron Petrie, Staff Engineer 1
Date: August 18, 2000
Re: Proposed Cost -Share in the amount of $90,015.00 with McDonald's Incorporated for the
widening of Joyce Boulevard and the installation of a storm pipe from Simmon's Bankto
the west side of Mall Lane.
A McDonald's Restaurant was approved at the July 24, 2000 Planning Commission Meeting to
be located at the northeast corner of the Joyce Boulevard/ Mall Lane intersection. To be
consistent with previous approved projects along Joyce Boulevard, McDonalds was required to
widen Joyce Boulevard approximately 12 feet and construct a 48" storm pipe along the project
frontage. If this required widening was constructed, a narrow gap of approximately 183 feet
from the east side of the McDonald's site to the west side of the Simmon's Bank development
would remain. It is the Engmeenng Division's recommendation that this portion of Joyce
Boulevard be widened at the same time as the portion adjacent to the McDonald's development
is widened in order to alleviate this gap.
Therefore, upon the recommendation of the Engineering Division, the City is requested to cost -
share with McDonald's to widen approximately 400 feet of Joyce Boulevard and extend a 48"
storm pipe approximately 520 feet from the Simmon's Bank development to the west side of
Mall Lane. The McDonald's Corporation has estimated the costs (with a 10% contingency) for
this construction to be as follows:
City $ 90,015.00
Developer $ 70,140.00
Total. $160,155 00
Based upon the information provided by the Budget & Research Division, there is a remaining
balance of $396,184.00 in the Street and Drainage Improvement Cost Share Accounts.
• •
Mayor Fred Hanna
August 18, 2000
Page Two (2)
The final costs to the City will be based upon actual costs as documented by the McDonald's
Corporation subject to review by the City and may, or may not exceed the Developer's
estimate. However, the City's share will not exceed the estimated costs without additional
authorization.
Enclosures:
Vicuuty Map
Construction Drawing
Cost -Share Agreement & Cost Estimates from McDonald's Corporation
Purchase Requisition
Vendor Request Form
c