Administrative
Report
H.10., File # 23-6963 Meeting Date: 11/7/2023
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
APPROVE AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH TELECOM LAW FIRM P.C. TO EXTEND THE TERM TO DECEMBER 3, 2024, ADD TWO ANNUAL
RENEWALS, AND INCREASE THE TOTAL NOT TO EXCEED VALUE OF THE AGREEMENT FROM $120,000 TO $240,000 TO ACCOMMODATE THE THREE ADDITIONAL YEARS OF SERVICE WHICH ARE EXPECTED TO COST $40,000 PER YEAR
EXECUTIVE SUMMARY
On December 15, 2020, the Council approved an agreement with Telecom Law Firm P.C. (Contractor) for general telecommunications consulting services for an annual expenditure of $40,000 with an option for two one-year extensions for a total three-year value not to exceed $120,000. The current Agreement was extended and is due to expire on December 14, 2023.
The City continues to rely on these consulting services for the review and inspection of permit requests for the installation of cable television systems, fiber networks, wireless telecommunications, and other wired and wireless telecommunications systems, facilities, equipment and related issues.
The amendment to the Agreement would continue the services under prior terms, raise the contract cap to $240,000, extend the term of the Agreement to December 3, 2024, and include two automatic one-year renewals unless the City or Contractor provides written notice. The majority of the costs incurred for the consulting services are recovered through engineering permit fees and agreements with telecommunications providers for the execution of new projects.
BACKGROUND
Per State and Federal Law, the City is generally obligated to permit installation of telecommunication technology improvements proposed in the Public Right of Way (PROW). While the City does determine the time place and manner of such installations, other conditions of installation and the “rental” fees for commercial providers to occupy the PROW are governed by state and federal regulations. These laws are constantly in flux due to the rapid pace of technological development in this space. The City continues to require the assistance of a subject matter expert when reviewing, conditioning, and approving the License Agreements that define the installation, maintenance, and operation of telecommunication infrastructure within the City.
On December 15, 2020, the Council approved an annual agreement with Telecom Law, P.C. for general telecommunications consulting services, on a time and materials basis, with a maximum expenditure of $120,000, with the option for two additional one-year extensions. Both one-year
H.10., File # 23-6963 Meeting Date: 11/7/2023
extensions were exercised, stretching the current term to December 2, 2023.
The City has a continuing need for the expertise, evaluation, and advise on telecommunications matters including cable system plant construction, maintenance, and repairs, wired and wireless communications, antenna site proposals, fiber network installation, and planning for the City's telecommunications infrastructure. Telecom Law Firm, P.C. has served the City well in this capacity for many years.
COORDINATION
The first amendment to the Agreement has been reviewed and approved as to form by the City Attorney’s Office.
FISCAL IMPACT
Funding is available in the Public Works Department annual budget to fund the proposed contract amendment, which is estimated to cost $40,000 per year. However, in accordance with the Master Fee Schedule, the majority of costs associated with this contract are recovered through engineering permit fees and license agreements with telecommunications providers.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt - First Amendment with Telecom Law Firm P.C.
· Agmt - Telecom Law Firm P.C., December 15, 2020
· Certificate of Liability Insurance