HomeMy WebLinkAbout2019 CON Telecom Law Firm - Legal Services - Wireless Communications - Amendment #1FIRST AMENDMENT TO THE
AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
TELECOM LAW FIRM, PC
This First Amendment ("Amendment") to the Agreement by and between the City of
National City and the TELECOM LAW FIRM, PC, is entered into this 19th day of November 2019,
by and between the City of National City, a municipal corporation (the "City") and a California
professional corporation, ("Firm").
RECITALS
WHEREAS, the parties entered into the January 10, 2017 Agreement ("Agreement") for
certain legal services regarding a Master License Agreement for Wireless Facilities in the Public
Rights -of -Way to be provided by the FIRM to the CITY.
WHEREAS, the Agreement was executed by the City Manager pursuant to her authority
under the National City Municipal Code.
WHEREAS, Article 3.C. of the Agreement provided that payment to FIRM shall not exceed
$25,000.
WHEREAS, the recent changes to Federal Communications Commission regulations require
FIRM to provide CITY additional legal work to craft a license agreement that synthesizes these new
regulations with community feedback on small cells.
WHEREAS, on February 19, 2019 through Resolution # 2019-21, the City Council
appropriated $50,000 for FIRM to update CITY ordinances and policies regarding small cell
deployment and to negotiate a license agreement with wireless carriers interested in deploying small
cells in the Rights -of -Way.
WHEREAS, the CITY wishes to increase the not -to -exceed amount by $50,000, for a total
not -to -exceed amount of $75,000.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Article 3.C. of the Agreement entered into on January 10, 2017 shall be amended to
increase the not -to -exceed amount by $50,000, for a total not -to -exceed amount of $75,000.
2. The parties agree that the Scope of Services described in Exhibit "A" of Article 2,
will be amended. Specifically, Section 1 of Exhibit "A" will be deleted in its entirety and replaced
with the following:
"Telecom Law Firm shall provide legal representation and consultation services to the City
in connection with the development and implementation of a master license agreement, pole
license agreement, or other license agreement (the "Agreement") for wireless facilities
installed on City -owned infrastructure in the public rights -of -way:"
3. The parties agree that the Scope of Services described in Exhibit "A" of Article 2,
will be amended. Specifically, Section 3 of Exhibit "A" will be added and provide the following:
"Telecom Law Firm shall provide legal representation and consultation services to the City
in connection with other telecommunications matters involving the rights -of -way."
4. The parties further agree that with the foregoing exception, each and every term of
the January 10, 2017 Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the
date and year first written above.
CITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
R
berto M. Contreras
Deputy City Attorney
TELECOM L FIRM, PC
(Corporation - sign ' es o two corpora t .fcers)
By:
By.
han L. Kramer, Esq.,
LP
First Amendment to 2017 Agreement
May 2019
2 City of National City and
Telecom Law Firm
RESOLUTION NO. 2019 - 161
FIRST AMENDMENT TO THE TELECOM LAW FIRM RETAINER AGREEMENT
INCREASING THE NOT -TO -EXCEED AMOUNT BY $50,000, FOR A TOTAL NOT -
TO -EXCEED AMOUNT OF $75,000, MAKING THE RETAINER AGREEMENT
CONSISTENT WITH THE FEBRUARY 19, 2019 APPROPRIATION OF $50,000 FOR
PROFESSIONAL SMALL CELL -RELATED SERVICES
WHEREAS, the City Attorney on behalf of the City of National City entered
into a retainer agreement with the Telecomm Law Firm on January 10, 2017 for certain
small cell -related professional services in an amount not to exceed $25,000; and
WHEREAS, In light of recent changes to Federal Communications
Commission regulations, the City required additional professional services to establish a
license agreement with wireless carriers to deploy small cells in the City's rights -of -way;
and
WHEREAS, the cost of these additional professional services does exceed
the compensation amount in the January 2017 retainer agreement and as a result, the
City Attorney's Office submitted a mid -year budget request for a $50,000 appropriation to
pay for these service which was approved per Resolution 2019 - 21; and
WHEREAS, this First Amendment, therefore, aligns the City Council's
February 2019 appropriation of the not -to -exceed amount of $50,000 in the Telecom Law
Firm's Retainer Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the First Amendment to the Telecom Law Fire Retainer
Agreement to increase the not -to -exceed amount by $50,000 for a total not -to -exceed of
$75,000 making the Retainer Agreement consistent with the February 19, 2019
appropriation of $50,000 for professional small cell related services.
PASSED and ADOPTED on this 19h da _ of November, 2019.
Alejandra o el•= olis, Mayor
ATTEST:
POI Michael R. , City Clerk
APPROVED A / TO • ' M:
/
ngilj " or 1 "-Janes, it
Passed and adopted by the Council of the City of National City, California, on
November 19, 2019 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2019-161 of the City of National City, California, passed and
adopted by the Council of said City on November 19, 2019.
City Clerk of the City of National City, California
By:
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: November 19, 2019
AGENDA ITEM NO. 16
. EM TITLE: First Amendment to the Telecom Law Firm Retainer Agreement Increasing the Not -to -
Exceed Amount by $50,000, for a total Not -to -Exceed Amount of $75,000, making the Retainer Agreement
Consistent with the February 19, 2019 Appropriation of $50,000 for Professional Small Cell -Related Services.
PREPARED BY: Roberto M. Contreras DEPARTMENT: City Attorne
PHONE: Ext. 4412
EXPLANATION:
APPROVED BY;
The City Attorney on behalf of the City of National City entered into a retainer agreement with the Telecomm
Law Firm on January 10, 2017 for certain small cell -related professional services in an amount not to exceed
$25,000. In light of recent changes to Federal Communications Commission regulations, the City required
additional professional services to establish a license agreement with wireless carriers to deploy small cells in the
City's rights -of -way. Since the cost of these professional services would exceed the compensation amount in the
January 2017 retainer agreement, the City Attorney's Office submitted a mid -year budget request for a $50,000
appropriation to pay for these services. The City Council adopted Resolution #2019-21 which approved this
$50,000 appropriation request.
This First Amendment therefore aligns the City Council's February 2019 appropriation with the not -to -exceed
amount in the Telecom Law Firm's Retainer Agreement.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
N/A
4TTACHMENTS:
• Agreement
• +Resolution
FIRST AMENDMENT TO THE
AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
TELECOM LAW FIRM, PC
This First Amendment ("Amendment") to the Agreement by and between the City of
National City and the TELECOM LAW FIRM, PC, is entered into this 19th day of November 2019,
by and between the City of National City, a municipal corporation (the "City") and a California
professional corporation, ("Firm").
RECITALS
WHEREAS, the parties entered into the January 10, 2017 Agreement ("Agreement") for
certain legal services regarding a Master License Agreement for Wireless Facilities in the Public
Rights -of -Way to be provided by the FIRM to the CITY.
WHEREAS, the Agreement was executed by the City Manager pursuant to her authority
under the National City Municipal Code.
WHEREAS, Article 3.C. of the Agreement provided that payment to FIRM shall not exceed
$25,000.
WHEREAS, the recent changes to Federal Communications Commission regulations require
FIRM to provide CITY additional legal work to craft a license agreement that synthesizes these new
regulations with community feedback on small cells.
WHEREAS, on February 19, 2019 through Resolution # 2019-21, the City Council
appropriated $50,000 for FIRM to update CITY ordinances and policies regarding small cell
deployment and to negotiate a license agreement with wireless carriers interested in deploying small
cells in the Rights -of -Way.
WHEREAS, the CITY wishes to increase the not -to -exceed amount by $50,000, for a total
not -to -exceed amount of $75,000.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Article 3.C. of the Agreement entered into on January 10, 2017 shall be amended to
increase the not -to -exceed amount by $50,000, for a total not -to -exceed amount of $75,000.
2. The parties agree that the Scope of Services described in Exhibit "A" of Article 2,
will be amended. Specifically, Section 1 of Exhibit "A" will be deleted in its entirety and replaced
with the following:
"Telecom Law Firm shall provide legal representation and consultation services to the City
in connection with the development and implementation of a master license agreement, pole
license agreement, or other license agreement (the "Agreement") for wireless facilities
installed on City -owned infrastructure in the public rights -of -way:"
3. The parties agree that the Scope of Services described in Exhibit "A" of Article 2,
will be amended. Specifically, Section 3 of Exhibit "A" will be added and provide the following:
"Telecom Law Firm shall provide legal representation and consultation services to the City
in connection with other telecommunications matters involving the rights -of -way."
4. The parties further agree that with the foregoing exception, each and every term of
the January 10, 2017 Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the
date and year first written above.
CITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
First Amendment to 2017 Agreement
May 2019
TELECOM LA FIRM, PC
(Corporation — signa es o two corpora l= .fcers)
By:
By.
2 City of National City and
Telecom Law Firm
RESOLUTION NO. 2019 -
FIRST AMENDMENT TO THE TELECOM LAW FIRM RETAINER AGREEMENT
INCREASING THE NOT -TO -EXCEED AMOUNT BY $50,000, FOR A TOTAL NOT -
TO -EXCEED AMOUNT OF $75,000, MAKING THE RETAINER AGREEMENT
CONSISTENT WITH THE FEBRUARY 19, 2019 APPROPRIATION OF $50,000 FOR
PROFESSIONAL SMALL CELL -RELATED SERVICES
WHEREAS, the City Attorney on behalf of the City of National City entered
into a retainer agreement with the Telecomm Law Firm on January 10, 2017 for certain
small cell -related professional services in an amount not to exceed $25,000; and
WHEREAS, In light of recent changes to Federal Communications
Commission regulations, the City required additional professional services to establish a
license agreement with wireless carriers to deploy small cells in the City's rights -of -way;
and
WHEREAS, the cost of these additional professional services does exceed
the compensation amount in the January 2017 retainer agreement and as a result, the
City Attorney's Office submitted a mid -year budget request for a $50,000 appropriation to
pay for these service which was approved per Resolution 2019 - 21; and
WHEREAS, this First Amendment, therefore, aligns the City Council's
February 2019 appropriation of the not -to -exceed amount of $50,000 in the Telecom Law
Firm's Retainer Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the First Amendment to the Telecom Law Fire Retainer
Agreement to increase the not -to -exceed amount by $50,000 for a total not -to -exceed of
$75,000 making the Retainer Agreement consistent with the February 19, 2019
appropriation of $50,000 for professional small cell related services.
PASSED and ADOPTED on this 19h day of November, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones, City Attorney
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950-4397
619-336-4228
Michael R. Dalla, CMC - City Clerk
December 2, 2019
Mr. Robert May, III, Esq
Telecom Law Firm
6986 La Jolla Boulevard, Suite 204
La Jolla, CA 92037-5465
Dear Mr. May,
On November 19th, 2019, an Agreement was entered into between the City of National
City and Telecom Law Firm.
We are forwarding a fully executed copy of the Agreement for your records.
Sincerely,
AI Michael R. Dalla, CMC
City Clerk
Enclosure