Loading...
R-99-01-14-14C1 - 1/14/1999NE LAND, City Secretary K- \WPOOC6 \ROSOLUTI\R90119C1_ WPD /scg RESOLUTION NO. R- 99 -01 -14 -1401 WHEREAS, the City has a need for professional consulting services associated with the renegotiation of the cable television franchise with Time Warner Cable, and WHEREAS, Resource Management International, Inc. (RMI) has submitted an agreement to provide the needed services, and WHEREAS, the City Council desires to enter into said agreement with Resource Management International, Inc. (RMI), Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Resource Management International, Inc. (RMI) for professional consulting services associated with the renegotiation of the cable television franchise with Time Warner Cable, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 14th day of Januar 199 CHARLES CULPEPPER,/ Mayor AT ST: City of Round Rock, Texas PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this f `f day of JANURRy 19 99, by and between Resource Management International, Inc. ( "RMI "), a California corporation, and the City of Round Rock ( "CLIENT "), for professional and related services to be provided to CLIENT. SCOPE OF SERVICES Services shall be provided to CLIENT by RMI pursuant to separate task orders ( "Task Orders "). Each task or project which CLIENT desires RMI to undertake shall be defined in a separate Task Order signed by the parties to this Agreement. Each such Task Order shall be effective upon execution and shall thereafter become a part of this Agreement. Each Task Order shall be consecutively numbered with the year and sequence number (e.g., 99 -01), and include a description of the scope of services to be provided, the time for completion, a budget, and the method of compensation for the services defined in such Task Order. II FEES FOR SERVICES Except as may otherwise be set forth in a specific Task Order, for services provided by RMI to CLIENT pursuant to this Agreement, CLIENT shall pay RMI in accordance with the rates and charges set forth in Exhibit A, "Fees for Services," attached hereto. III BILLING AND PAYMENT RMI shall submit a monthly statement to CLIENT setting forth the amount due for services and itemizing amounts due for expenses. CLIENT shall pay the full amount of such statement within thirty (30) days after receipt. Any sums billed, not disputed in written form setting forth specific exceptions and unpaid after thirty (30) days from the date of receipt, shall be subject to a late payment charge equal to the lesser of one and one -half (1 -1/2) percent or the maximum rate permitted by law, for each month or fraction thereof past due. IV INDEPENDENT CONTRACTOR RMI shall provide services to CLIENT as an independent contractor, not as an employee of CLIENT. RMI shall not have or claim any right arising from employee status. 1 v TERMINATION OF AGREEMENT (a) Unless otherwise terminated as provided herein, this Agreement shall terminate December 31,1999 ( "Expiration Date"). Unless otherwise directed by CLIENT, RMI shall complete Task Orders in effect on the Expiration Date of this Agreement. (b) Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days advance written notice to the other party. (c) Upon termination of this Agreement, RMI shall have no further obligation to provide services to CLIENT. If the Agreement is terminated prior to completion of the services to be provided hereunder, RMI shall render a final bill for services to CLIENT within thirty (30) days after the date of termination, and CLIENT shall pay RMI for all fees earned and expenses incurred prior to the date of termination in accordance with Section III. VI INSURANCE (a) RMI shall maintain in effect at its own expense, employer's liability insurance, one- million dollars ($1,000,000) aggregate of comprehensive general liability insurance (bodily injury and property damage), five - hundred thousand dollars ($500,000) aggregate of comprehensive automobile liability insurance (bodily injury and property damage) with respect to RMI employees and vehicles assigned to the prosecution of work under this Agreement, and one - million dollars ($1,000,000) aggregate of profes- sional liability insurance. RMI shall also maintain statutory worker's compensation insurance. (b) RMI shall obtain and thereafter maintain in effect, if available, such additional insurance as may be requested in writing by CLIENT, the cost of which will be reimbursed by CLIENT. VII LIABILITY (a) RMI shall indemnify and hold harmless CLIENT, its directors, officers, partners, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorneys fees, for which RMI is determined to be legally liable resulting from negligent acts, errors, or omissions by RMI, its directors, officers, agents, and employees in performance of services required by this Agreement. Liability, claims, demands, damages, losses, or expenses resulting from the negligent acts, errors or omissions, whether active or passive, by CLIENT, its directors, officers, partners, agents, employees, or by others are excluded from RMI's obligations pursuant to this paragraph. 2 (b) RMI's obligations to indemnify and hold CLIENT harmless shall be expressly limited to the proceeds of its applicable insurance coverage, and shall terminate one (1) year after termination of this Agreement. (c) CLIENT shall indemnify and hold harmless RMI, its directors, officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorneys fees, for which CLIENT is determined to be legally liable resulting from negligent acts, errors or omissions by CLIENT, its directors, officers, partners, agents, and employees. Liability, claims, demands, damages, losses, or expenses resulting from the negligent acts, errors, or omissions, whether active or passive, by RMI, its directors, officers, agents, employees, or by others are excluded from CLIENT's obligations pursuant to this paragraph. (d) In the event that CLIENT changes in any way or uses in another project or for other purposes any of the information or materials developed by RMI pursuant to this Agreement, RMI is released from any and all liability relating to their use and CLIENT shall indemnify and hold harmless RMI, its directors, officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorney's fees, arising out of such changes or use. (e) Nothing in this Agreement shall be construed to create a duty to, any standard of care with reference to, or any liability to any person not a party to this Agreement. (f) RMI shall not be liable to CLIENT for incidental or consequential damages. VIII SUCCESSORS IN INTEREST This Agreement shall be binding on, and inure to the benefit of, each party's successors in interest, including their heirs, legatees, assignees, and legal representatives. IX WAIVER Any waiver at any time by either party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. X SEVERAL OBLIGATIONS Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or impose a trust or partnership duty, 3 obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obligations under this Agreement. XI AMENDMENT All changes or modifications to this Agreement shall be in writing and signed by both parties. XII GOVERNING LAW This Agreement shall be construed and interpreted according to, and the rights of the parties shall be governed by, the laws of the State of Texas, and venue shall lie in Williamson County, Texas. XIII ATTORNEY'S FEES If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the prevailing party shall be entitled to reasonable attorney's fees, costs and expenses, in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement. XIV ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, promises, represen- tations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 4 XVI NOTICES (a) Arty notice, demand, information, invoice, report, or item otherwise required, authorized, or provided for in this Agreement, unless otherwise specified herein, shall be deemed properly given if delivered in person or sent by United States Mail, First Class postage prepaid: To RMI: Resource Management International, Inc. P. O. Box 15516 Sacramento, CA 95852 -1516 To CLIENT: Mr. Robert Bennett, City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 Copy to: Mr. Paul Smolen Resource Management International, Inc. 8310 Capital of Texas Highway N, Suite 385 Austin, TX 78731 -1026 (b) All notices shall be deemed effective upon receipt by the party to whom such notice is given. XVII SIGNATURE CLAUSE The signatories hereto represent that they are authorized to enter into this Agreement on behalf of the party for whom they sign. City of Round Rock Resource Management International, Inc., a California Corporation By: ' 7/,/ By: Y Its ( /I yd /l. Its 5 EXHIBIT A Fees for Services Professional and support services, except testimony, shall be billed at the following rates: Managing Executive Consultant Principal Consultant Office Services Reproduction, printing, communications, computer services, graphics, and other miscellaneous support services shall be billed at rates for such services as determined from time to time and officially established by RMI. All travel, food, lodging, and miscellaneous expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost. Mileage will be reimbursed at the rate then approved by the Internal Revenue Service. Client shall reimburse RMI for any applicable sales tax imposed on services rendered by RMI to Client. A -1 $173 per hour $136 per hour $ 51 per hour SCOPE OF SERVICES EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN RESOURCE MANAGEMENT INTERNATIONAL, INC. AND CLIENT NAME DATED TASK ORDER NO. 99-01 This Task Order defines a Scope of Services, Schedule and Budget for work to be completed by Resource Management International, Inc. (RMI) for (City of Round Rock). This work is performed in association with Consulting Services. 1. Conduct ascertainment which includes the review of existing documents related to the existing cable television franchise and a statistically valid survey of the community to determine citizens satisfaction with current services provided by the cable operator and their perception of future needs for cable services. 2. Conduct interviews and focus groups with representatives of the business, education, and government community. 3. Perform financial analysis that examines historical compliance of cable operator relative to existing franchise agreement and provides assist in the evaluation of cable operator's assertions during franchise negotiations. 4. Perform technical analysis that determines the condition of existing cable system and evaluates future cable system architecture. 5. Assist in the renegotiation of the cable television franchise as requested. SCHEDULE RMI is ready to proceed on items 1 - 4 within one week of notification by Client that Contract and Scope of Work has been authorized by City Council and will assist with item 5 as requested. BUDGET The budget for professional services related to items 1-4, which includes all labor of the consultants and support staff would be approximately $40,000. Expenses for travel, phone, copies, faxing, express mail service and survey - related expenses would be in addition to this budget at approximately $2,500. Hourly fees for item 5 are set out in Exhibit A. 99.01 -1 AUTHORIZATION This Task Order is authorized for Managing Executive Consultants Marilyn J. Fox and Paul N. Smolen and Principal Consultant Bill Hawk and made an attachment to the above identified Professional Services Agreement through the signatures below. Authorized .y City o�y� Dated: /— / q 9 99.01 -2 Accepted by Resource ∎ k '1: gement International, Inc. By: Dated: 7 /y �J' DATE: January 7, 1999 SUBJECT: City Council Meeting — January 14, 1999 ITEM: 14.C.1. Consider a resolution authorizing the Mayor to execute an agreement with Resource M anagement International, Inc. for consulting services associated with the cable franchise. Staff Resource Person: Bob Bennett, City Manager. September 11, 2000 Mr. Will Hampton City of Round Rock 221 E. Main Street Round Rock, TXX 78664 Re: Professional Services Rendered Dear Mr. Hampton: MUN[CAT1ONS GROUP Attached is a statement for services rendered on your behalf by Competitive Communications Group, LLC for the period ending September 1, 2000. Please remit payment to: Competitive Communications Group, LLC 6811 Kenilworth Avenue, Suite 302 Riverdale, MD 20737 Should you have any questions, please do not hesitate to contact me regarding this statement or any of the services that CCG has provided to you. CCG appreciates your business. Sincerely, Michael S. Fox Principal enclosure CALVERT METRO BUILDING • 6811 KENILWORTH AVENUE • SUITE 302 • RIVERDALE, MARYLAND 20737 PHONE 301- 699 -5300 • FAX 301- 699 -5080 3r1'xl DI• II/4Y SViIlx I 115111 ADD 1 III . U 1 L1.1)41'11 IMav11.U111tV Iflthltfi4UJ3t 11N t1.t221310 I ;s 2/ 3 r nee.. wow,. Ms. Joanne lane City of Round Rock 221 East Main Street Round Rock, TX 78664 SEP -01 -1999 16;09 IsID LI3CG Na C(f NSUSTINC.. September 1, 1999 RE: RMI to Navigant Consulting, Inc. Name Change Dear Joanne: We are pleased to announce that Resource Management International, Inc. has become Navigant Consulting, Inc. As you may know, our company has been a subsidiary of The Metzler Group, a globally oriented management consulting firm, since August 1997. After our parent company went public in 1996, it acquired a number of premier consulting companies whose services complement our own. Our growth has been substantial. So much so that it now makes sense to integrate these nineteen individual companies into one cohesive enterprise, and under a single brand, Navigant Consulting, Inc. Our shareholders approved the change in name for our holding company in mid -July. We will complete the final transition for each of our existing business units by the end of September. Our new name reflects the fundamental role of our entire firm: helping clients navigate the changing business and regulatory environment based on sound advice, accumulated experience and world -class expertise. Our expanded service base enables us to offer our clients complete strategic and operational solutions to the challenges they face and to mobilize the talents and resources of our nearly 2,000 employees in 53 U.S. offices and 11 locations overseas. We extend our sincere thanks to our clients and friends who have allowed us to reach this new level. We believe that Navigant Consulting is more than the sum of its parts. We are creating a company that will be among those that set the standards for performance and service in the consulting world. Already a world leader in management consulting services to energy -based and network industries, Navigant's enhanced complement of service offerings includes financial services; management and operational services; strategic, marketing and economic services: emerging technology services and information management; regulatory policy design and testimony; expert witnesses and litigation support. gMI 5123455534 94% C 1663 . Lo j It .Y l l.X�� ®®m METZLER a A SIOCIATAS Na.iganl Consulting, Inc. • 6310 CapilaI of Texas Highway North, suite 785 Austin, T5 78731.1026 • tel: 512.345 -5415 • far: 512 P.02 SENT BY:NAVIGANT /RMI /AUSTIN : :l- 1 -99 ; 3.04PM : NAVIGANTfRMI /APSTINw 313a1trrvar: �r Name Change September 1, 1999 Page 2 I want to assure you that although our name is changing, the high quality of service and client support that we provide will not. You will be dealing with the same exceptional consulting staff, who will continue to meet your needs with the services and support you have come to expect from us. We will be working even harder to optimize the value we deliver to you, and to eam your trust and respect on behalf of Navigant Consulting, Inc. cc: Christine SEP - 01 - 1999 16:09 Sincerely, afilyn Fox Principal 5123456534 94% P.03 Mayor Charles Culpepper Mayor Pro-tem Robert SthJ. Cowen Members Earl M. Hairston Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets CITY OF ROUND ROCK March 1, 1999 Resource Management International, Inc. Attention: Marilyn J. Fox 8310 Capital of Texas Highway North Suite 385 Austin, Texas 78731 -1026 Dear Ms. Fox: The Round Rock City Council approved Resolution No. R- 99- 01- 14 -14C1 at their regularly scheduled meeting on January 14, 1999. This resolution approves the agreement for professional consulting services associated with the renegotiation of the cable television franchise with Time Warner Cable. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512 - 218-7097 1- 800 - 735- 2989TDD 1-800. 735 -29W Voice www ci. round- melee(us -221 Fast Main Street Round Rock, Texas 78664 512-218-540D Mr. Robert Bennett City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 Dear Mr. Bennett: Paul Smolen and I enjoyed our discussion the other day regarding the renegotiation of the cable television franchise with Time Warner Cable. I have attached a Contract and Scope of Work that covers the items we discussed. Please call me if you would like to discuss any of the items. Thank you for your time and attention. Marilyn J. Fox Managing Executive Consultant 8310 CAPITAL or TEXAS HIGHWAY Norm, Sure 385 • AUSTIN, TX 78731 -1026 (512) 345 -5415 • Fax (512) 345 -6534 • www.rmiinc.com With Offices Worldwide PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of 19 , by and between Resource Management International, Inc. ( "RMI "), a California corporation, and the City of Round Rock ( "CLIENT"), for professional and related services to be provided to CLIENT. SCOPE OF SERVICES Services shall be provided to CLIENT by RMI pursuant to separate task orders ( "Task Orders "). Each task or project which CLIENT desires RMI to undertake shall be defined in a separate Task Order signed by the parties to this Agreement. Each such Task Order shall be effective upon execution and shall thereafter become a part of this Agreement. Each Task Order shall be consecutively numbered with the year and sequence number (e.g., 98 -01), and include a description of the scope of services to be provided, the time for completion, a budget, and the method of compensation for the services defined in such Task Order. II FEES FOR SERVICES Except as may otherwise be set forth in a specific Task Order, for services provided by RMI to CLIENT pursuant to this Agreement, CLIENT shall pay RMI in accordance with the rates and charges set forth in Exhibit B, "Fees for Services," attached hereto. III BILLING AND PAYMENT RMI shall submit a monthly statement to CLIENT setting forth the amount due for services and itemizing amounts due for expenses. CLIENT shall pay the full amount of such statement within thirty (30) days after receipt. Any sums billed, not disputed in written form setting forth specific exceptions and unpaid after thirty (30) days from the date of receipt, shall be subject to a late payment charge equal to the lesser of one and one -half (1 -1/2) percent or the maximum rate permitted by law, for each month or fraction thereof past due. IV INDEPENDENT CONTRACTOR RMI shall provide services to CLIENT as an independent contractor, not as an employee of CLIENT. RMI shall not have or claim any right arising from employee status. A -1 • V TERMINATION OF AGREEMENT (a) Unless otherwise terminated as provided herein, this Agreement shall terminate 19 ( "Expiration Date"). Unless otherwise directed by CLIENT, RMI shall complete Task Orders in effect on the Expiration Date of this Agreement. (b) Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) clays advance written notice to the other party. (c) Upon termination of this Agreement, RMI shall have no further obligation to provide services to CLIENT. If the Agreement is terminated prior to completion of the services to be provided hereunder, RMI shall render a final bill for services to CLIENT within thirty (30) days after the date of termination, and CLIENT shall pay RMI for all fees earned and expenses incurred prior to the date of termination in accordance with Section III. VI INSURANCE (a) RMI shall maintain in effect at its own expense, employer's liability insurance, one- million dollars ($1,000,000) aggregate of comprehensive general liability insurance (bodily injury and property damage), five- hundred thousand dollars ($500,000) aggregate of comprehensive automobile liability insurance (bodily injury and property damage) with respect to RMI employees and vehicles assigned to the prosecution of work under this Agreement, and one - million dollars ($1,000,000) aggregate of profes- sional liability insurance. RMI shall also maintain statutory worker's compensation insurance. (b) RMI shall obtain and thereafter maintain in effect, if available, such additional insurance as may be requested in writing by CLIENT, the cost of which will be reimbursed by CLIENT. VII LIABILITY (a) RMI shall indemnify and hold harmless CLIENT, its directors, officers, partners, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorneys fees, for which RMI is determined to be legally liable resulting from negligent acts, errors, or omissions by RMI, its directors, officers, agents, and employees in performance of services required by this Agreement. Liability, claims, demands, damages, losses, or expenses resulting from the negligent acts, errors or omissions, whether active or passive, by CLIENT, its directors, officers, partners, agents, employees, or by others are excluded from RMI's obligations pursuant to this paragraph. A -2 (b) RMI's obligations to indemnify and hold CLIENT harmless shall be expressly limited to the proceeds of its applicable insurance coverage, and shall terminate one (1) year after termination of this Agreement. (c) CLIENT shall indemnify and hold harmless RMI, its directors, officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorney's fees, for which CLIENT is determined to be legally liable resulting from negligent acts, errors or omissions by CLIENT, its directors, officers, partners, agents, and employees. Liability, claims, demands, damages, losses, or expenses resulting from the negligent acts, errors, or omissions, whether active or passive, by RMI, its directors, officers, agents, employees, or by others are excluded from CLIENT's obligations pursuant to this paragraph. (d) In the event that CLIENT changes in any way or uses in another project or for other purposes any of the information or materials developed by RMI pursuant to this Agreement, RMI is released from any and all liability relating to their use and CLIENT shall indemnify and hold harmless RMI, its directors, officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorney's fees, arising out of such changes or use. (e) Nothing in this Agreement shall be construed to create a duty to, any standard of care with reference to, or any liability to any person not a party to this Agreement. (f) RMI shall not be liable to CLIENT for incidental or consequential damages. VIII SUCCESSORS IN INTEREST This Agreement shall be binding on, and inure to the benefit of, each party's successors in interest, including their heirs, legatees, assignees, and legal representatives. IX WAIVER Any waiver at any time by either party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. X SEVERAL OBLIGATIONS Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or impose a trust or partnership duty, A -3 obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obligations under this Agreement. XI AMENDMENT All changes or modifications to this Agreement shall be in writing and signed by both parties. XII GOVERNING LAW This Agreement shall be construed and interpreted according to, and the rights of the parties shall be governed by, the laws of the State of Texas. XIII ATTORNEY'S FEES If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the prevailing party shall be entitled to reasonable attorney's fees, costs and expenses, in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement. XIV ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, promises, represen- tations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. A -4 (a) Any notice, demand, information, invoice, report, or item otherwise required, authorized, or provided for in this Agreement, unless otherwise specified herein, shall be deemed properly given if delivered in person or sent by United States Mail, First Class postage prepaid: To RMI: Resource Management International, Inc. P. O. Box 15516 Sacramento, CA 95852 -1516 To CLIENT: (b) All notices shall be deemed effective upon receipt by the party to whom such notice is given. The signatories hereto represent that they are authorized to enter into this Agreement on behalf of the party for whom they sign. CLIENT By: X VI NOTICES XVII SIGNATURE CLAUSE Its Its A -5 Resource Management International, Inc, a California Corporation By: SCOPE OF SERVICES SCHEDULE BUDGET EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN RESOURCE MANAGEMENT INTERNATIONAL, INC. AND CLIENT NAME DATED TASK ORDER NO. 98-01 This Task Order defines a Scope of Services, Schedule and Budget for work to be completed by Resource Management International, Inc. (RMI) for (City of Round Rock). This work is performed in association with Consulting Services 1. Conduct ascertainment which includes the review of existing documents related to the existing cable television franchise and a statistically valid survey of the community to determine citizens satisfaction with current services provided by the cable operator and their perception of future needs for cable services. 2. Conduct interviews and focus groups with representatives of the business, education, and government community. 3. Perform financial analysis that examines historical compliance of cable operator relative to existing franchise agreement and provides assist in the evaluation of cable operator's assertions during franchise negotiations. 4. Perform technical analysis that determines the condition of existing cable system and evaluates future cable system architecture. 5. Assist in the renegotiation of the cable television franchise as requested. RMI is ready to proceed on items 1 - 4 within one week of notification by Client that Contract and Scope of Work has been authorized by City Council and will assist with item 5 as requested. The budget for professional services related to items 1 -4, which includes all labor of the consultants and support staff would be approximately $40,000. Expenses for travel, phone, copies, faxing, express mail service and survey- related expenses would be in addition to this budget at approximately $2,500. Hourly fees for item 5 are set out in Exhibit B. AUTHORIZATION This Task Order is authorized for Managing Executive Consultants Marilyn J. Fox and Paul N. Smolen and Principal Consultant Bill Hawk and made an attachment to the above identified Professional Services Agreement through the signatures below. Authorized by Accepted by CLIENT Resource Management International, Inc. By: By: Dated: Dated: EXHIBIT 13 Fees for Services Professional and support services, except testimony, shall be billed at the following rates: Managing Executive Consultant Principal Consultant Office Services $173 per hour $136 per hour $ 51 per hour Reproduction, printing, communications, computer services, graphics, and other miscellaneous support services shall be billed at rates for such services as determined from time to time and officially established by RMI. All travel, food, lodging, and miscellaneous expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost. Mileage will be reimbursed at the rate then approved by the Internal Revenue Service. Client shall reimburse RMI for any applicable sales tax imposed on services rendered by RMI to Client. B -1 M 4HUilk, CERTIFICATE OF LIABILITY INSURANCE 12/28 /1999 PRODUCER Artho, rJ Gallagber St Co. • The (Gallagher Centre Two Pierce Place Itasca, IL 60143-3141 ' TNf5 CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION 'ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' WIDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE • INS( RED L_' C Navi 2ied&nSUIting, Inc. 61-5 Ngnth']ltia sin Avenue � Clticagq, IL 60611 ! INSURER A: American -Motorists - INSU B: American Manufacturers •Mutual Insurance IW3URERC: Lexington lnsufanceCompany INSURER D: Lumberman's,Mutual INSURERE:: ". COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.' NOTWITHSTANDING ANY WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TO ALL THE - TERMS, EXCLUSIONS AND CONDITIONS' OF SUCH POLICIES. - OR OTHER DOCUMENT HEREIN' IS SUBJECT BY PAID CLAIMS. - INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY E %PIRATION DATE (MMIOO/YY LIMITS POLICY EFFECTIVE DATE (MMIOD/YY) A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 3MG80372501 * The limits of liability Arthur J. Gallagher & Cpp notifcation in the event 12/31/1999 shown reflect the limits does not assume Af depletion of the aggregate. (1 12/31/1999 12/31/2000 at inception. any responsibility for EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE Any one Pre) $ 800,000 I CLAIMS-MADE I X I OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENIE. AGGREGATE LIMIT APPLIES PER: POLICY U PROJECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNED AUTOS F3R01617901 12/31/2000 COMBINED SINGLE LIMIT (Ea accident) $ 1,800,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACCT $ AUTO ONLY: AGG $ D EXCESS X LIABILITY OCCUR I CLAIMS MADE DEDUCTIBLE RETENTION $ 3SX00590000 8/24/1999 12/31/2000 EACH OCCURRENCE $ 10,000,000 AGGREGATE 10,000,000 $ $ B WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 3BH01670401 12/31/1999 12/31/2000 X l e` ne 1 Ea nv L� E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE EA EMPLOYEE $ 1,000,000 E.L. DISEASE POLICY LIMIT 3 1,000,000 OTHER C PROFESSIONAL LIABILITY 009124680 1/30/1999 1/30/2000 $1 8,800,000 limit DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Round Rock has been added as an Additional Insured to the GL only as respects work performed by the Named Insured CERTIFICATE HOL9ER The City of Round Rock 221 E. Main Street Round Rock, TX 78664 ADDITIONAL INSURED; INSURER LETTER: CANCELLATION NAVGAWCO.frp SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 -S (7/97) If you have any questions, please call Sue Kroll (630) 773 -3800 R JNiu v 4,f ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.