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Project Name: Wireless Telecommunications
Consultant Services
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
TELECOM LAW FIRM, P.C.
Contract No. 13056-2022
THIS FIRST AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and TELECOM LAW FIRM, P.C., (“Consultant”), entitled Wireless Telecommunications Consultant Services and dated July 1, 2022 (herein “Contract”) is made this 9th day of May, 2023.
RECITALS
A. On July 1, 2022, City and Consultant entered into a contract to provide professional services in conjunction with the review of wireless communications facilities applications, consult with the case planner, attend public hearings as needed, and make presentations at public hearings.
B. Section 3 of Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $255,000 for services generally and briefly described as the review of wireless communications facilities applications, consulting with the case planner, and attending public hearings. Additionally, Section 3 of Contract states that in no event shall compensation exceed more than $85,000 per year unless authorized by the City in writing.
C. City has received 40% more wireless communication facility applications during FY 2022-23 than were received during the same time period of FY 2021-22. City is in need of more reviews by Consultant and the Consultant is willing and able to analyze the additional cases based on the rates set forth in the contract. City is in need of adding $50,000 to the contract to cover the remaining term of FY 2022-23.
D. City and Consultant desire to make the above changes to the Contract while keeping all other terms intact.
ATTACHMENT #2
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AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. The sum of $50,000, is added as compensation to Consultant under the present Contract for the above-described additional services, and Subsection 3 (a) of Contract is hereby amended to read in its entirety as follows:
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum $305,000 over the lifetime of the agreement (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees marked Exhibit "B," attached and incorporated herein. In no event shall compensation exceed more than $135,000 for FY 2022-23, and $85,000 per year for subsequent years, unless authorized by the City in writing, and Consultant shall have no duty to perform any work that would exceed the amounts listed herein unless so authorized by City. The rates and expenses set forth in that exhibit shall be binding upon Consultant until June 30, 2023, provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement for the total term, including any approved extensions as permitted in Section 5.
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Part 2. All terms used in Part 1 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above.
CONSULTANT
Dr. Jonathan L. Kramer
President and Secretary
CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED BY DEPARTMENT HEAD:
Kelvin Parker
Community Development Director
APPROVED AS TO ADMINISTRATION:APPROVED AS TO FORM:
Office of the City Attorney
Andrew P. Powers, City Manager Patrick J. Hehir, Chief Assistant City Attorney CDD:420-10\H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\Telecom Law Firm-Case Review\Contracts\Contract FY22-FY23\13056-2022 A1.docx"
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EXHIBIT B
CONSULTANT'S SCHEDULE OF FEES
The Consultant consults with and is responsible to the City. The City is responsible for payment of Consultant invoices. Payment of Consultant’s invoices is not contingent upon the City receiving any deposit or reimbursement from any party.
1.Flat Fees: Consultant shall perform all flat-rate services described in Exhibit A, Section A, Subsection 1 through 3 and 4(i) for a fixed fee of $2,676.00 per project. Project hours are not reported by Consultant for flat fee portion of flat fee projects.
Due to FCC shot clock time limitations, all projects must be submitted to Consultant by the City in searchable PDF documents within one calendar day of receipt by the City from the Applicant. Accordingly, Consultant urges City to enforce a wireless application requirement that obligates the applicant to tender the entire wireless application, including all exhibits and attachments, in searchable PDF format, as well as in paper form.
Flat fee projects are billed to the City as a single unit on the first project invoice, which is issued upon submission of Consultant’s first substantive project memorandum (that can include a memo regarding an incomplete application, a project review memo, or another substantive project-related memo).
The flat fee (and any subsequent hourly fees) are fully earned by and payable to Consultant once the Consultant has provided its first substantive memorandum to the City, even when the project is subsequently cancelled, abandoned, transferred to a different location. In the event that a project is tendered to the Consultant by the City but terminated for any reason prior to issuance of Consultant’s first memorandum, City shall pay Consultant on the hourly basis set out in this Agreement for all time spent by Consultant on the project prior to Consultant’s receipt of City’s notice of termination.
2.Hourly Fees: Consultant shall perform all services described in Exhibit A, Section B and C and all other extra services not described in the Scope of Work but mutually agreed upon by City and Consultant, on an hourly fee basis as follows:
Personnel Rate
Per Partner or Senior Project Manager $ 350
Per Associate/Of Counsel or Project Manager $ 294
Per Paralegal or Senior Project Assistant $ 218
Per Assistant or Project Assistant $ 134
All time is billed in 0.1-hour (6 minute) units rounded up to the next 0.1 hour unit.
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3. Annual Fee Adjustments. The Flat Rate and Hourly Fees set out in this Agreement shall automatically increase by three percent (3%) on each anniversary of this Agreement.
4. Expenses: City will reimburse the Consultant for all ordinary costs and expenses reasonably incurred by Consultant in performance of the services provided by Consultant to City pursuant to this Agreement.
5. The City’s designated point of contact for billing queries is:
Marjan Behzadi, Operations Manager [email protected]______________ Name and Title Email Address
(805) 449-2328__________________
Telephone Number
The Consultant’s designated point of contact for billing queries is:
______________________________ ___________________________ Name and Title Email Address
______________________________
Telephone Number
Either party may change its designated point of contact for billing queries at any time upon ten (10) business days’ written notice to the other.
[End of Exhibit B]
Val Halvorsen, Business Manager [email protected] (310) 312-9900 ext. 135