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RES 2009-0558 - Agmt with Moss & Barnett during proceedings to consider renewing cable television franchises held by Cox Communications Omaha LLC and Qwest Broadband Services 0 s tt RECEIVED Law Department y r fir, its ri"'lrs��►, Z Omaha/Douglas Civic Center ... .. __J- . 09 h AY 27 All 10: 38 1819 Farnam Street,Suite 804 o'p Omaha,Nebraska 68183-0804 (402)444-5115 AOA ry 4r@o FEso'• CITY CLERK •Telefax(402)444-5125 City of Omaha O M A H A' N E B R A S K A Paul D.Kratz Mike Fahey,Mayor City Attorney • Honorable President and Members of the City Council, • The attached Resolution is prepared at the request of Council President Welch to approve a professional services contract with Moss & Barnett, a law firm in Minneapolis, Minnesota. That . firm will assist with the proceedings to consider renewing the cable television franchises held by Cox Communications Omaha, LLC, and Qwest Broadband Services, Inc. The services specified in the Agreement are to be performed for an amount not to exceed $94,540.00. .Moss & Barnett was selected by the cable television renewal committee as the best qualified bidder with the most complete proposal. The firm has previously represented cities across the nation in cable television renewal negotiations. Additional information about the firm and its experience is included in the attached proposal. Your favorable consideration is requested. • Resp t y submitted, Approved as to.Funding: =z7-0? z Ix)let homas O. Mumg Date Carol Ebdon Date Deputy City Attome Finance Director P\LAW-CITY COUNCIL DOCUMENTS\2009\40003kam Fax: 402-444-6059 dbrock@ci.omaha.ne.us The second in-kind funding is for the use of the Police/Fire training facility for 3 days for training. Nat'l Conference: $4,250.00 Grant: $2,850.00 Local In-Kind: $1,400.00—this in kind funding is for the personnel cost to attend the conference on duty. Speculation is that there will be one sergeant, plus one non-sworn police employee attending the conference. Gail and Scott—let me know if you have additional questions. Thanks, Erin Sgt.Erin Dumont Omaha Police Department Prevention Programs Unit 505 S.15th Street Omaha,NE 68102 (402)444-6517 edumont@ci.omaha.ne.us 5/6/2009 for which • receipts are available shall be payable by SN. • • • • Contract#SN-09-CCP-02 Page 8 ree to comply with all federal civil rights laws, including Title VI of the Civil Rights Act, as amended. Contractor and Fiscal Agent are required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services. XV. Drug Free Workplace Policy. Contractor and Fiscal Agent certify that as a condition of the contract, any employees of the Contractor and Fiscal Agent will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity covered by this Contract. A copy of the Contractor's and Fiscal Agent's Drug Free Workplace Policy shall be available SN upon request. XVI. Research and Written Products. Contractor and Fiscal Agent agree that any research and products developed under funding provided through this Contract in completing CCP activities, CERT trainings and/or other partner program activities are in the public domain. Such documents shall be submitted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a f 1 ' az:\_Tht- 13___ D �� Z Vy E- iii ....., -AI,N4,3. 0 \ . \ . I= w _ a 1- ow c • Z � J a • 1 a I— w . - .%. — _ . •i T W cn �� LIJIZ a. E •N o IT W G > ._ 0 U a> c W CC LL c Z+ s W 0 M ca Cn co fitiZ N o) W Q N •N t E 2 W 0 70 •c— J co 5 0 0 U V V ! - F— ffl 5 d t o a :� cew z ` 2 U o Z �° o U •> 0 LL CO Q 0 o C.,.) m 7 O O Z © 0 3 a E N _ NmJ y lc Z� LLwW 15) O v Cr a) c 0 0 O eac CCti Q Q 0I O c .P' N d C M d o r 'Ea u co I-- • O < 0 Q a mmittee as the best qualified bidder with the most complete proposal. The firm has previously represented cities across the nation in cable television renewal negotiations. Additional information about the firm and its experience is included in the attached proposal. Your favorable consideration is requested. • Resp t y submitted, Approved as to.Funding: =z7-0? z Ix)let homas O. Mumg Date Carol Ebdon Date Deputy City Attome Finance Director P\LAW-CITY COUNCIL DOCUMENTS\2009\40003kam Fax: 402-444-6059 dbrock@ci.omaha.ne.us The second in-kind funding is for the use of the Police/Fire training facility for 3 days for training. Nat'l Conference: $4,250.00 Grant: $2,850.00 Local In-Kind: $1,400.00—this in kind funding is for the personnel cost to attend the conference on duty. Speculation is that there will be one sergeant, plus one non-sworn police employee attending the conference. Gail and Scott—let me know if you have additional questions. Thanks, Erin Sgt.Erin Dumont Omaha Police Department Prevention Programs Unit 505 S.15th Street Omaha,NE 68102 (402)444-6517 edumont@ci.omaha.ne.us 5/6/2009 for which • receipts are available shall be payable by SN. • • • • Contract#SN-09-CCP-02 Page 8 ree to comply with all federal civil rights laws, including Title VI of the Civil Rights Act, as amended. Contractor and Fiscal Agent are required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services. XV. Drug Free Workplace Policy. Contractor and Fiscal Agent certify that as a condition of the contract, any employees of the Contractor and Fiscal Agent will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity covered by this Contract. A copy of the Contractor's and Fiscal Agent's Drug Free Workplace Policy shall be available SN upon request. XVI. Research and Written Products. Contractor and Fiscal Agent agree that any research and products developed under funding provided through this Contract in completing CCP activities, CERT trainings and/or other partner program activities are in the public domain. Such documents shall be submitted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a • ENGAGEMENT AGREEMENT This Engagement Agreement sets forth the agreement between the City of Omaha, Nebraska ("City") and Moss & Barnett, A Professional Association ('Moss & Barnett"), concerning legal representation to renew cable television franchises held by Cox Communications ("Cox") and Qwest. For purposes of this representation, Moss & Barnett understands that its client is the City not any of its individual officers, agents or employees or any other entity. A. The scope of the engagement is to assist the City regarding in connection with the development of a need assessment, drafting and negotiating cable franchises with Cox and Qwest and related services more fully set forth in Moss & Barnett's proposal to the City attached hereto as Exhibit 1, incorporated herein. B. Moss & Barnett will represent the City with Brian Grogan as the primary attorney responsible for all services. While other professionals at Moss & Barnett 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 attorney for all services without the prior written consent of the City. Moss & Barnett will use its best judgment to determine the most economical use of its attorneys and staff personnel. C. The City will receive an itemized statement of its account from Moss & Barnett on a monthly basis, which summarizes the services rendered, and the costs and expenses incurred on the City's behalf. Moss & Barnett reserves the right to increase the hourly rates of any attorneys and staff. Such increases will, however, not be implemented without the prior approval of the City. Time is billed by the one-tenth 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. D. The City will reimburse Moss & Barnett for all reasonable and necessary costs and expenses which we incur on the City's behalf. These costs and expenses include charges for subcontractors working on the City's behalf, photocopying, delivery and messenger services, WESTLAW, travel, food and lodging. E. The periodic statement of account which the City will 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. 1 rolled substance in conducting any activity covered by this Contract. A copy of the Contractor's and Fiscal Agent's Drug Free Workplace Policy shall be available SN upon request. XVI. Research and Written Products. Contractor and Fiscal Agent agree that any research and products developed under funding provided through this Contract in completing CCP activities, CERT trainings and/or other partner program activities are in the public domain. Such documents shall be submitted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a • F. All balances on the City's account are due thirty (30) days after the date of the statement. Interest at the legal rate shall accrue on the unpaid balance of the City's account from the due date. G. We are a general service law firm that the City recognizes has represented, now represents, and will continue to represent numerous clients nationally and internationally, over a wide range of industries and businesses and in a wide variety of matters. Given this, without a binding conflicts waiver, conflicts of interest might arise that could deprive the City or other clients of the right to select this firm as their counsel. Thus, as an integral part of the engagement, the City agrees that this firm may, now or in the future, represent other entities or persons, including in litigation, adverse to the City on matters that are not substantially related to (a) the legal services that we have rendered, are rendering, or in the future will render to the City under the engagement and (b) other legal services,that we have rendered, are rendering, or in the future will render to the City (an "Allowed Adverse Representation"). The City also agrees that it will not assert that either (a) this firm's representation of the City in any past, present, or future matter or (b) this firm's actual, or possible, possession of confidential information belonging to the City is a basis to disqualify this firm from representing another entity or person in any Allowed Adverse Representation. The City agrees that any Allowed Adverse Representation does not breach any duty that this firm owes to the City. H. 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 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. The City designates Deputy City Attorney Thomas 0. Mumgaard as its contact person for this project. I. 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. J. Although Moss & Barnett is not required to do so, it is Moss & Barnett's policy to retain files for ten (10) full calendar years after a file has been closed. Files will thereafter be destroyed unless the City specifically directs us otherwise. If the City wishes all or a part of the City's file returned to the City, please notify Moss & Barnett as soon as possible. All reasonable steps will be taken to preserve confidential communications and secrets from disclosure to third parties. 2 products developed under funding provided through this Contract in completing CCP activities, CERT trainings and/or other partner program activities are in the public domain. Such documents shall be submitted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a K. 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. L. CUSTOMER SURVEY. - The size and cost of any customer satisfaction survey as described in Tab E, section 2 of Exhibit 1 will be agreed upon at a later time at a cost that will not to exceed the flat rate per 400 surveyed residents that is described in that section. M. Moss & Barnett agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five years after the expiration of this agreement. GENERAL CONDITIONS I. Non-discrimination. Moss & Barnett shall not, in the performance of this agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions or affiliations, national origin, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code sections 13-89 and 13-82. II. Applicable law. Parties to this agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this agreement. III. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the agreement voidable by the City. IV. Assignment. Moss & Barnett and the City, respectively, may not assign its rights under this agreement without the express prior written consent of the other. Dated: c Z , 2009 MOSS & BARNETT, A Professional Association By: Brian T. Grogan, Esq., Pa er 3 ted 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. J. Although Moss & Barnett is not required to do so, it is Moss & Barnett's policy to retain files for ten (10) full calendar years after a file has been closed. Files will thereafter be destroyed unless the City specifically directs us otherwise. If the City wishes all or a part of the City's file returned to the City, please notify Moss & Barnett as soon as possible. All reasonable steps will be taken to preserve confidential communications and secrets from disclosure to third parties. 2 products developed under funding provided through this Contract in completing CCP activities, CERT trainings and/or other partner program activities are in the public domain. Such documents shall be submitted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a Dated: lle , 2009 CITY OF OMAHA, NEBRASKA, ATTEST: By: Its: Mayor City Clerk APPR S s DETYaTYAT1ORNEY 4 1 r bb < a.. CD d " b 0 >< oil ;-s ry 0 \ n cm CD n cD Q.. � p CD `ikC • • • 1 on appointing Van C.Deeb to the Planning Board,to fulfill the term of Pete Festersen who is resigning effective June 4, 2009. The term will commence on June 4, 2009, and expire December 14, 2011. A copy of Mr. Deeb's résumé and Candidate Response Form are attached. Your favorable consideration of this request will be appreciated. Sincerely, Mike Fahey, Mayo City of Omaha PILAW-CITY COUNCIL DOCUMENTS\2009\30066d1m EXHIBIT 1 Moss & Barnett proposal to City Exhibit 1 Its: Mayor City Clerk APPR S s DETYaTYAT1ORNEY 4 1 r bb < a.. CD d " b 0 >< oil ;-s ry 0 \ n cm CD n cD Q.. � p CD `ikC • • • 1 on appointing Van C.Deeb to the Planning Board,to fulfill the term of Pete Festersen who is resigning effective June 4, 2009. The term will commence on June 4, 2009, and expire December 14, 2011. A copy of Mr. Deeb's résumé and Candidate Response Form are attached. Your favorable consideration of this request will be appreciated. Sincerely, Mike Fahey, Mayo City of Omaha PILAW-CITY COUNCIL DOCUMENTS\2009\30066d1m ••i•i Moss & Barnett A Professional Association PROPOSAL TO PROVIDE CABLE TELEVISION FRANCHISE RENEWAL CONSULTING SERVICES TO THE CITY OF OMAHA, NEBRASKA APRIL 6, 2009 SUBMITTED BY MOSS & BARNETT A PROFESSIONAL ASSOCIATION BRIAN T. GROGAN, ESQ. 4800 WELLS FARGO CENTER, 90 SOUTH SEVENTH STREET MINNEAPOLIS, MN 55402-4129 (612) 877-5340 PHONE/(612) 877-5999 FACSIMILE E-MAIL: GROGANB@MOSS-BARNETT.COM WEBSITE: MUNICIPALCOMMUNICATIONSLAW.COM signing effective June 4, 2009. The term will commence on June 4, 2009, and expire December 14, 2011. A copy of Mr. Deeb's résumé and Candidate Response Form are attached. Your favorable consideration of this request will be appreciated. Sincerely, Mike Fahey, Mayo City of Omaha PILAW-CITY COUNCIL DOCUMENTS\2009\30066d1m �•�•• Moss & Barnett A Professional Association TABLE OF CONTENTS Section Page Introduction 1 A. Company History 3 B. Track Record . 4 C. Personnel 10 D. References 27 E. Methodology 31 F. Pricing and Invoicing .. 39 G. Time Line .. 41 H. Execution 42 WEBSITE: MUNICIPALCOMMUNICATIONSLAW.COM signing effective June 4, 2009. The term will commence on June 4, 2009, and expire December 14, 2011. A copy of Mr. Deeb's résumé and Candidate Response Form are attached. Your favorable consideration of this request will be appreciated. Sincerely, Mike Fahey, Mayo City of Omaha PILAW-CITY COUNCIL DOCUMENTS\2009\30066d1m Moss & Barnett A Professional Association INTRODUCTION The law firm of Moss & Barnett, a Professional Association is pleased to submit this proposal to the City of Omaha, Nebraska ("City") in response to the City's RFP fcr Cable Television Franchise Renewal Consulting Services ("RFP"). Moss & Barnett is a 70-attorney law firm located in Minneapolis, Minnesota which has celebrated its 100th anniversary providing professional legal services. For the last 25 years, Moss & Barnett has provided cable communications legal services to cities large and small across the United States. During that time we have represented a number of jurisdictions served by Cox Communications and have had substantial success in renewal negotiations on behalf of our clients. -In particular, we have recently represented jurisdictions with similar demographics to Omaha that are also served by Cox Communications. In Virginia Beach, Virginia, where Cox serves 175,000 subscribers, we served as outside legal counsel working with the City attorney's office to coordinate the needs assessment and negotiate a renewed franchise. We served in a similar role for Norfolk Virginia (a Cox served community) and also represented the Connecticut Department of Public Utilities Commission on several needs assessments involving Cox Communications. We also recently represented Seattle, Washington in the renewal of franchises with both Comcast and another competing provider. Moss & Barnett has also represented a number of jurisdictions where competitive providers have been awarded franchises. We are familiar with complexities of negotiating franchises in areas where head to head competition exists and have drafted needs assessments with these issues in mind. We have served as lead outside counsel on numerous Verizon and AT&T franchise awards in jurisdictions in Virginia, Illinois and several southern states. In all we have represented over 50 jurisdictions on competitive cable overbuilds. In an effort to address the scope of work set forth in the RFP Moss & Barnett has assembled a project team with an eye toward addressing the reasonable and supportable needs and interests of the City. It is easy to prepare a report which contains a "wish list" of every imaginable need and interest of a franchising authority without regard to cost. However, such reports tend to be of little use in renewal negotiations as the costs associated with meeting such needs may be difficult to support when considering the financial impact on subscribers' rates - particularly in today's economy. Moss & Bamett is focused on achieving results for the City based on reasonable and supportable needs that will result in a solid foundation on which to base informal negotiations or a formal renewal proceeding should it be required. The project team assembled by Moss & Bamett includes: 1) Dr. Barry M. Orton a professor with the University of Wisconsin-Madison who holds a Ph.D. from Rutgers University in Urban Planning and Policy Development; 2) Ms. Bunnie Riedel of Riedel Communications, the former Executive Director of the Alliance for Community Media, where she represented over 5,000 television channels at over 1,500 PEG television centers across the country; and 3) Mr. Tom Wilson, President of Group W Communications with over 20 years experience in public opinion 1 ing provided through this Contract in completing CCP activities, CERT trainings and/or other partner program activities are in the public domain. Such documents shall be submitted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a ••i•i Moss & Barnett A Professional Association polling & market research, communications & campaign management and strategic planning serving private & public corporations. We are confident that Moss & Barnett and the project team possess the experience and expertise to address the scope of work set forth in the City's RFP. We look forward to the opportunity to work with the City and encourage the City to contact our references regarding the services that we provide. If the City should desire any additional information regarding Moss & Barnett or the project team please feel free to contact us. If selected by the City Brian Grogan will be the attorney responsible for providing services to the City and will serve as Moss & Barnett's main contact. Moss & Barnett is a professional association in the State of Minnesota and its Tax ID#is 41-0943845. As lead contractor Moss & Barnett has in place a $20 million dollar insurance policy to cover any malpractice issues of its employees. We also have ample insurance well in excess of all City and State code requirements necessary under the City's contracting requirements. Brian T. Grogan, Esq. Moss&Barnett 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-4129 Office: (612)877-5340 Facsimile: (612)877-5999 E-Mail: GroganB(c�moss-barnett.com WEBSITE: www.MUNICIPALCOMMUNICATIONSLAW.COM 2 eting provider. Moss & Barnett has also represented a number of jurisdictions where competitive providers have been awarded franchises. We are familiar with complexities of negotiating franchises in areas where head to head competition exists and have drafted needs assessments with these issues in mind. We have served as lead outside counsel on numerous Verizon and AT&T franchise awards in jurisdictions in Virginia, Illinois and several southern states. In all we have represented over 50 jurisdictions on competitive cable overbuilds. In an effort to address the scope of work set forth in the RFP Moss & Barnett has assembled a project team with an eye toward addressing the reasonable and supportable needs and interests of the City. It is easy to prepare a report which contains a "wish list" of every imaginable need and interest of a franchising authority without regard to cost. However, such reports tend to be of little use in renewal negotiations as the costs associated with meeting such needs may be difficult to support when considering the financial impact on subscribers' rates - particularly in today's economy. Moss & Bamett is focused on achieving results for the City based on reasonable and supportable needs that will result in a solid foundation on which to base informal negotiations or a formal renewal proceeding should it be required. The project team assembled by Moss & Bamett includes: 1) Dr. Barry M. Orton a professor with the University of Wisconsin-Madison who holds a Ph.D. from Rutgers University in Urban Planning and Policy Development; 2) Ms. Bunnie Riedel of Riedel Communications, the former Executive Director of the Alliance for Community Media, where she represented over 5,000 television channels at over 1,500 PEG television centers across the country; and 3) Mr. Tom Wilson, President of Group W Communications with over 20 years experience in public opinion 1 ing provided through this Contract in completing CCP activities, CERT trainings and/or other partner program activities are in the public domain. Such documents shall be submitted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a ••i•i Moss & Barnett A Professional Association A. COMPANY HISTORY Moss & Barnett is a full service, 70 attorney law firm located in Minneapolis, Minnesota dedicated to providing its clients with quality legal services in a manner consistent with high ethical standards. The practice is founded on the premise that each client deserves personalized attention to detail and the benefit of the depth and breadth of expertise that only a full service law firm can provide. For over 100 years, the clients of Moss & Barnett have come to expect high standards of integrity along with skilled, innovative, and cost effective legal services. Over many decades, with predecessor firms enriching its reputation, experience, and growth, Moss & Barnett has established a strong commitment to each of its clients—large and small. Moss & Bamett's Communications Department has represented several hundred public entities throughout the nation on communications matters including franchise renewals, transfers of ownership, right-of-way management, telecommunications planning, competitive franchising, municipal ownership, first amendment issues, tower sitting, leasing and zoning, Federal Communications Commission filings, litigation and other telecommunications issues. The project team assembled by Moss & Barnett has extensive experience in the communications industry and a strong background representing municipalities in franchise renewal proceedings. Rather than outline the experience and expertise of Dr, Orton, Ms. Riedel and Mr. Wilson in this portion of our proposal, we have included detailed resumes of each individual as well as separate references to verify their professional qualifications to the • City. Each of these individuals would serve as a subcontractor to Moss & Barnett on this project and Moss & Barnett would remain the primary firm holding the contract with the City. Experience handling Cable Television Renewal Services Moss & Barnett's municipal communications practice is headed by Brian Grogan who is an "AV"' rated attorney practicing in this area for 19 years. Mr. Grogan has served as lead counsel for numerous jurisdictions and has negotiated successful renewals in cities served by all of the top 10 cable operators in the country. In particular, Mr. Grogan has negotiated several franchises with Cox Communications and Cox's lead in-house attorney, Michael Grover. This familiarity with Cox, it internal legal counsel and the positions which Cox often pursues during renewal is extremely helpful in our ability to assist and advise the City. While we have limited familiarity with Qwest in cable renewal proceedings (largely because Qwest and very few franchised cable systems) we are very familiar with Qwest in telecommunications matters before state public utility commissions in the Midwest. We have submitted comments on behalf of our clients opposing Qwest's forbearance petitions and have been involved in proceedings at several state legislatures regarding Qwest's efforts to impose state-wide cable franchising. "AV'rated by Martindale-Hubbell-highest rating offered. 3 PEG television centers across the country; and 3) Mr. Tom Wilson, President of Group W Communications with over 20 years experience in public opinion 1 ing provided through this Contract in completing CCP activities, CERT trainings and/or other partner program activities are in the public domain. Such documents shall be submitted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a ••i•i Moss & Barnett A Professional Association B. TRACK RECORD We have outlined below a sampling of our recent work experience. We selected these jurisdictions to highlight either because Cox was the incumbent operator that we negotiated against or because the demographics of the jurisdiction may be similar to Omaha. As requested in the RFP we have included recommendations that were successfully implemented in these jurisdictions and favorable outcomes that were achieved. 1. The City of Norfolk, Virginia in renewal proceedings with Cox to obtain significant funding for PEG and I-Net facilities. Norfolk has a population of about 240,000 and the system serves approximately 60,000 subscribers. We assisted the City in creating a record for the formal renewal process and ultimately negotiated renewal informally obtaining over$3 million in grants and contributions for PEG and I-Net funding over and above the 5% franchise fee. The key to this renewal was the creation of a detailed formal needs assessment and the submission of a formal RFRP to Cox to create leverage for the City. This leverage ultimately lead to successful informal negotiations. 2. The City of Virginia Beach, Virginia in renewal negotiations with Cox as well as a mediated resolution of a Frequency Reconfiguration Agreement in the FCC mandated Sprint Nextel 800 MHz rebanding proceeding. Virginia Beach has a population in excess of 400,000 residents with approximately 175,000 total cable subscribers. We served as lead outside counsel for the City and created a detailed needs assessment which the City was able to use as leverage in negotiations with Cox. The renewal was eventually resolved informally as new state legislation was being introduced. The City was able to obtain ongoing funding for PEG programming in excess of $400,000 per year - broken down to a per subscriber monthly fee collected by Cox. This same requirement was then imposed upon Verizon in subsequent franchise negotiations. 3. City of Seattle, Washington regarding: 1) renewal of Comcast's cable franchise; 2) renewal of Millennium Digital Media cable franchise and subsequent transfer of control; 3) creation of "Arts Zone" funding agreement for PEG channel; 4) establishing the trademark for "Arts Zone" for the City; 4) drafting fiber construction agreements for use by the City; 5) representing the City in the 800 MHz rebanding proceeding with the FCC and Sprint Nextel. Seattle has a population is excess of 500,000 and cable operators serve nearly 200,000 subscribers. We worked closely with the City attorney's office and the City's Department of Information and Technology to successfully negotiate renewal with Comcast that provided for substantial funding for PEG programming. We also modified franchise provisions to adapt to changing technology and delivery mechanisms including digital transmission of PEG channels, VOD, walled garden haven for PEG and related provisions. The key in this process was once again the successful use of the formal assessment to create leverage for informal negotiations. 4. Silicon Valley - A consortium of eight (8) communities known as the San Mateo Telecommunications Authority ("SAMCAT"), which consists of Belmont, Brisbane, Foster City, Millbrae, Redwood City, San Carlos, San Mateo and San Mateo County, California -with a total 4 Contract in completing CCP activities, CERT trainings and/or other partner program activities are in the public domain. Such documents shall be submitted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a ••••• Moss & Barnett A Professional Association population in excess of 500,000 - in negotiations with Comcast. The focus of these negotiations was to obtain a region-wide fiber network for municipal communications as well as a model franchise for San Francisco Bay area communities. This negotiation was completed prior to California's state franchising law and the provisions in these franchises were grandfathered in allowing the communities to benefit from the regional institutional network valued at several million dollars. 5. The City of Minneapolis, Minnesota in drafting the wireless broadband contract for its municipal wireless system covering 59 square miles of the City. Brian Grogan served as lead negotiator for the City in drafting this 80 page agreement with US Internet to provide wireless services throughout the City. This agreement has emerged as a model for other communities where ubiquitous wireless service proposals have failed. Minneapolis remains one of the largest most successful city-wide wireless systems in the country. 6. City of Sturgis, Kentucky before the Eighth Circuit Court of Appeals. Sturgis was the first municipality in the country(and one of only three under the Cable Act) to successfully deny a cable operator's request for cable television franchise renewal. Union CATV, Inc. v. City of Sturgis, Kentucky, 107 F.3d 434 (6th Cir. 1999). Mr Grogan was retained by the City to assist on this case and help develop the record for the proceeding. It remains today as one of only three cases in the country where renewal has been successfully denied. 7. The Minnesota League of Cities and Minnesota Association of Community Telecommunication Administrators in filing comments to the FCC regarding state franchising procedures and the importance of maintaining local franchising authority and right-of-way control as well as comments regarding Qwest's forbearance petition. 8. The City of Tacoma Washington (population 180,000) in ongoing renewal proceedings with Comcast and a City owned municipal system operated by its utility. These negotiations are nearing completion and have resulted in a 1% PEG fee, in addition to the 5% franchise fee, to support PEG and I-Net programming and transmission. The City's utility is run by a separate board so negotiations have been arms length and a level playing field has been the hallmark of the negotiations to ensure both operators have generally equal mandates under their franchises. 9. Connecticut Department of Public Utility Control State population in excess of 1,000,000. Moss & Barnett was retained by the State of Connecticut, Department of Public Utility Control ("Department") to assist in the renewal proceedings of the cable television systems operated by a number of operators including Century Norwich, Tele-Media, Comcast, AT&T, Cablevision and Cox. In the state of Connecticut, the Department serves as the franchising authority for all municipalities. As part of our scope of services for the State, we contracted to perform a complete needs assessment in no less than 10 separate proceedings over a 7 year period. We prepared a detailed report in excess of one hundred (100) pages describing the findings from our needs assessments and provided recommendations to the Department. We also provided testimony at the franchise renewal hearings before the Department in support of the needs assessments and the recommendations contained therein. 5 ted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a ••••• Moss & Barnett A Professional Association 10. Northern Dakota County Cable Communications Commission (NDC4) Population 100,000+ NDC4 is a municipal joint powers cooperative comprised of the cities of Inver Grove Heights, Lilydale, Mendota, Mendota Heights, South St. Paul, Sunfish Lake, and West St. Paul with a combined population of approximately 100,000. Moss & Barnett has served as the legal counsel for this Commission since the early 1990s. The Commission is served by Comcast. We advise the Commission regarding all communications matters including enforcement of the franchise, transfers of ownership, renewal, institutional network compliance, rate regulation, annual budgeting, oversight of a nonprofit access corporation and other related matters. The Commission runs a production facility with remote truck, an institutional network, and seven (7) PEG channels and provides both regulatory and production support to its member cities. As a result of a renewal franchise negotiated with the assistance of Moss & Barnett, the Commission collects both a 5% franchise fee and an additional $1.40 to support PEG operations. 11. Stafford County, Virginia (Population 75,000) Moss & Barnett has served as legal counsel to Stafford County for the past seven years as the County proceeded through its cable television franchise renewal processes with four (4) different cable operators: Verizon, Comcast, Cox and Cavalier. Each of these operators has been successfully franchised in the County and is operating in competition in select portions of the County under substantially similar franchise obligations. 12. Other - Over 50 communities over the past decade regarding competitive overbuilds resulting in communities served by two or more operators providing competitive cable and broadband services. These communities have included: Decatur Illinois; Portsmouth, VA; Chesapeake, VA; Wisconsin Rapids, WI; St Cloud, MN; Mankato, MN; Cedar Falls, IA, Stafford County, VA and many other jurisdictions. We are also currently representing the cities of Champaign and Urbana, IL in renewal proceedings with Comcast where AT&T is constructing competing cable services. Finally, we are currently representing Grand Island, Kearney and Ogallala Nebraska in renewal proceedings with Charter communications. Charter pending bankruptcy proceeding has caused these renewals to be delayed due to Charter's inability to commit to any meaningful long term obligations. 6 1 ut Department of Public Utility Control State population in excess of 1,000,000. Moss & Barnett was retained by the State of Connecticut, Department of Public Utility Control ("Department") to assist in the renewal proceedings of the cable television systems operated by a number of operators including Century Norwich, Tele-Media, Comcast, AT&T, Cablevision and Cox. In the state of Connecticut, the Department serves as the franchising authority for all municipalities. As part of our scope of services for the State, we contracted to perform a complete needs assessment in no less than 10 separate proceedings over a 7 year period. We prepared a detailed report in excess of one hundred (100) pages describing the findings from our needs assessments and provided recommendations to the Department. We also provided testimony at the franchise renewal hearings before the Department in support of the needs assessments and the recommendations contained therein. 5 ted to SN for use by other • programs. XVII. Force Maieure. None of the parties shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event not the fault of the Contract#SN-09-CCP-02 Page 7 E a >. ; 3 E c m 1e C. c u +' C K K ur N O O A C C w ' S Z Z w 51 .E o ° c o w " o � c N j N � --- M o b CJ x � q '-' — 5 . [^ O rn a) �' C] 'Z c O mv. c u E u A W G- ^ e C cTi >• 9 A O O-o '� v E _ u t A u ro o a 5 a • MOSS&BARNETT'S REPRESENTATIVE CABLE TELEVISION CLIENTS Arizona New Britain Storm Lake Pine Island Fargo New Canaan Iowa League of Cities Pipestone Ohio Apache Junction New Haven (represented approx. Princeton Tucson New London 50 cities in the Prior Lake Ashtabula Arkansas North Branford • Mediacom transfer Red Wing South Carolina Fayetteville North Haven review) Richfield Hilton Head Island California North Stonington Kentucky Rochester Horry County Norwalk Rosemount Myrtle Beach Belmont Norwich Danville Rush City Brisbane Old Saybrook McCracken County Rushford Municipal Association of Burlingame Orange Monticello St.Charles South Carolina Colfax Oxford Morehead St.Cloud Plainfield Paducah St.James Cupertino Princeton South Dakota Daly City Plainville St.Louis Park Foster City Plymouth Sturgis St.Paul Rapid City Hillsborough Preston Versailles Sartell Vermillion Millbrae Prospect Minnesota Sauk Centre Watertown Milpitas Putnam Albert Lea Sauk Rapids Yankton Portola Valley Redding Alexandra Savage Texas Redwood City Ridgefield Austin Slayton San Carlos Seymour South St.Paul. WaCo Shelton Belle Plaine Springfield Utah San Mateo Benson San Mateo CountySomers Spring Grove Bloomington Parowan So.San Francisco Sprague Graham Spring Valley Virginia Woodside Stafford Staples Caledonia Connecticut Stamford Cambridge Sunfish Lake Blacksburg Stratford Cannon Falls Taconite Charlottesville Ansonia Sterling Chanhassen Tracy Christiansburg Avon Stonington Chaska Waconia Hampton Baltic Suffield Crosslake Wadena Lexington Beacon Falls Union Dodge Center Waite Park Marion Berlin Voluntown Duluth Wayzata Norfolk Bethany Wallingford East Bethel Wendell Northumberland Cty Bozrah Waterbury West St.Paul Prince William County Branford Waterford Eden Prairie Willmar Edina Richmond Bridgeport West Bethel El in Winnebago Roanoke(City&Cty) Bristol West Haven 9 Winona Stafford County Faribault Burlington Weston Worthington Vinton Farmington Canton Westport Fergus Falls Michigan Virginia Beach Chester Wilton Forest Lake York County Clinton Windsor Locks Ghent Acme Township Washington Colchester Wolcott Bingham Township Danbury Woodbridge Goodview Blair Township Seattle Darien Florida Grand Rapids East Bay Township Spokane Granite Falls Elmwood TownshiP Deep River Spokane County Depart of Public Lake Mary Hastings Garfield Township Tacoma Illinois Henderson Green Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 •�i•i Moss & Barnett A Professional Association Below please find a list of representative communities served by each member of the project team: Dr. Barry Orton - list of representative communities Illinois: Glencoe, Lake Forest, Lake Bluff, Winnetka, Libertyville, Wauconda, Schaumburg, Buffalo Grove, Morton Grove, Wilmette, Mundelein, Grayslake, Crystal Lake, Chicago, Burr Ridge, Highland Park, Naperville, Willowbrook, Hinsdale, Clarendon Hills, Wheeling, Lombard, Flossmoor, Olympia Fields, Orland Park, Joliet, Elmhurst, Elk Grove, Hoffman Estates, Palatine, Rolling Meadows, Western Springs, LaGrange, LaGrange Park, Riverside, Indian Head Park, Will County, Grundy County, Lake County, Macomb, Galesburg. Elmwood Park, Streator, Oak Brook, Oak Park, Lansing, Matteson, Peotone, Lemont, Plainfield, Romeoville, Huntley, Carpentersville, West Dundee, Algonquin, Barrington, Will County Governmental League, South Suburban Mayors & Managers Association, West Central Cable Agency, Metropolitan Mayors Caucus Wisconsin: Milwaukee, Madison, Algoma, Barron, Beloit, Milton, Brooklyn, Edgerton, Brookfield, Oconomowoc, Manitowoc, Marinette, Marshfield, Waukesha, Union Grove, Monona, Mauston, Camp Douglas, Hustler, Grafton, Two Rivers, New Lisbon, Sauk Prairie, Middleton, New Richmond, Fond du Lac, West Bend, Wauwatosa, Fox Point, Glendale, Greenfield, Butler, Sussex, Muskego, Hales Corners, Cudahy, Shorewood, Shorewood Hills, Maple Bluff, Stoughton, Richland Center, Burlington, Rice Lake, LaCrosse, South Milwaukee, River Hills, Whitefish Bay, Mequon, Port Washington, Hartford, Fort Atkinson, Ashland, Bayfield, Sturgeon Bay, Columbus, Ladysmith, Cornell, New Holstein, Sun Prairie, Reedsburg, Wisconsin Dells, Baraboo, New Glarus, Spring Green, Arena, Lone Rock. Cambridge, Milwaukee Regional Telecommunications Commission, North Shore Cable Commission, WisconsinEye Public Affairs Network Arizona: Scottsdale Florida: Gainesville, Alachua County, Orange City Iowa: Des Moines, Waterloo, Oelwein, Marshalltown, Muscatine, West Liberty, Mount Vernon Man(land: Montgomery County Michigan: Menominee, Shelby Township Missouri: Springfield Ohio: Dublin Tennessee: Nashville, Germantown Texas:as: Texas Public Utility Commission Utah: Murray Vermont: Vermont Department of Public Service Virginia: Norfolk 8 Edina Richmond Bridgeport West Bethel El in Winnebago Roanoke(City&Cty) Bristol West Haven 9 Winona Stafford County Faribault Burlington Weston Worthington Vinton Farmington Canton Westport Fergus Falls Michigan Virginia Beach Chester Wilton Forest Lake York County Clinton Windsor Locks Ghent Acme Township Washington Colchester Wolcott Bingham Township Danbury Woodbridge Goodview Blair Township Seattle Darien Florida Grand Rapids East Bay Township Spokane Granite Falls Elmwood TownshiP Deep River Spokane County Depart of Public Lake Mary Hastings Garfield Township Tacoma Illinois Henderson Green Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 • ••i•i Moss & Barnett A Professional Association Ms. Bunnie Riedel - list of representative communities Montgomery County, Maryland City of Baltimore, Maryland City of Mentor, Ohio City of Connersville, Indiana Town of Rotterdam, New York Jefferson Township, Ohio Community Media of Baltimore City Worcester Community Cable Access Television, Worcester, Massachusetts Dayton Access Television National Association of Telecommunications Officers and Advisors (NATOA) United States Department of Health and Human Services, Substance Abuse & Mental Health Administration (SAMHSA) Edelman Public Relations Marmillion + Company Public Relations The Religious Coalition Broyhill Family Foundation Mr. Tom Wilson, Group W Communications - list of representative communities Arizona: Tucson, Access Tucson California: Colma, Contra Costa County, Fresno, Healdsburg, Humboldt County, Los Angeles, Los Gatos, Mid-Peninsula Media Center, Monterey County, Napa County, Nevada County, Newport Beach, Oceanside, Pacifica, Palo Alto, Palm Springs, Access Sacramento, Community Access of Salina, San Jose, San Luis Obispo, Santa Barbara County, Santa Clara County, Tuolumne County, Union City, Ventura Florida: Hillsborough County, Tampa, Tampa Bay Community Network Maryland: Montgomery County, Michigan: Ann Arbor Minnesota: North Suburban Access Corporation Missouri: Columbia New York: BronxNet, Brooklyn Community Access, Manhattan Neighborhood Network, Troy Pennsylvania: Pittsburgh Community Television National: The Education Channel 9 ford, Fort Atkinson, Ashland, Bayfield, Sturgeon Bay, Columbus, Ladysmith, Cornell, New Holstein, Sun Prairie, Reedsburg, Wisconsin Dells, Baraboo, New Glarus, Spring Green, Arena, Lone Rock. Cambridge, Milwaukee Regional Telecommunications Commission, North Shore Cable Commission, WisconsinEye Public Affairs Network Arizona: Scottsdale Florida: Gainesville, Alachua County, Orange City Iowa: Des Moines, Waterloo, Oelwein, Marshalltown, Muscatine, West Liberty, Mount Vernon Man(land: Montgomery County Michigan: Menominee, Shelby Township Missouri: Springfield Ohio: Dublin Tennessee: Nashville, Germantown Texas:as: Texas Public Utility Commission Utah: Murray Vermont: Vermont Department of Public Service Virginia: Norfolk 8 Edina Richmond Bridgeport West Bethel El in Winnebago Roanoke(City&Cty) Bristol West Haven 9 Winona Stafford County Faribault Burlington Weston Worthington Vinton Farmington Canton Westport Fergus Falls Michigan Virginia Beach Chester Wilton Forest Lake York County Clinton Windsor Locks Ghent Acme Township Washington Colchester Wolcott Bingham Township Danbury Woodbridge Goodview Blair Township Seattle Darien Florida Grand Rapids East Bay Township Spokane Granite Falls Elmwood TownshiP Deep River Spokane County Depart of Public Lake Mary Hastings Garfield Township Tacoma Illinois Henderson Green Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association C. PERSONNEL Moss & Barnett Personnel Moss.& Barnett has six attorneys actively practicing in the area of communications law as well as attorneys who are certified public accountants who assist in performing financial reviews, as needed. The firm also employs consultants who work in the industry both in the United States consultants are needed, we regularly and abroad. In the event that additional9 Y subcontract with engineers and technical consultants who are extremely qualified and well respected in the industry. If selected by the City of Omaha, Moss & Barnett will designate Brian Grogan as the project manager and lead attorney. All issues relating to the City,will be handled directly by Mr. Grogan and will not be delegated to other attorneys unless first approved by the City. Having said this, we have numerous associate attorneys and paralegals available to assist the City where practical and financially prudent. This is an important distinction which separates Moss & Barnett from many of its competitors. Moss & Barnett will not replace its lead attorney with other attorneys in the firm once a client has retained Moss & Barnett. Brian Grogan is the most experienced attorney at Moss & Bamett to handle the scope of work identified in the City's RFP. Emails, telephone conferences, correspondence and all other related matters will be handled directly by Mr. Grogan unless he determines it is appropriate to utilize associates or paralegals to reduce the costs associated with the project, and then only with the City's approval. Any delegation of tasks will first be approved with the City's contact person. Moss & Barnett has found that this line of direct communication insures that important details regarding client matters will not be lost due to multiple attorneys working on a single project. In addition, Mr. Grogan will have full knowledge of all issues impacting the City and will be able to lead the project from start to finish as directed by the City. Brian T. Grogan (resume attached) is an "AV" rated partner with Moss & Barnett and represents municipalities throughout the country on a variety of communications law issues including cable and video franchising, transfers of ownership, 800 MHz rebanding, right-of-way regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 • •i Moss & Barnett A Professional Association Public Accountants, Minnesota Society of Certified Public Accountants, and Tax Section of the Minnesota State Bar Association. Philip J. Young is a partner with Moss & Barnett representing clients in the areas Commercial litigation and telecommunications law. Mr. Young has represented cities in contested renewal proceedings and administrative hearings and in matters before the FCC and state utilities commissions. He has handled multi-district class action litigation, as well as single plaintiff/single defendant cases. Mr. Young is admitted to practice in the state and federal courts in Minnesota and California. He is a member of the American, Minnesota State and California State Bar Associations. • 11 , Mike Fahey, Mayo City of Omaha PILAW-CITY COUNCIL DOCUMENTS\2009\30066d1m ••i•i Moss & Barnett A Professional Association BRIAN T. GROGAN Moss & Barnett, A Professional Association 4800 Wells Fargo Center, 90 South Seventh Street Minneapolis, MN 55402-4129 (612) 347-0340/ (612) 339-6686 facsimile GroganB@moss-barnett.com EXPERIENCE MOSS& BARNETT, 1990—present Minneapolis, Minnesota - Partner Partner practicing in cable communications and telecommunications law. Representation of municipalities across the country in franchise renewals, transfers of ownership, rate regulation, First Amendment issues, right of way regulation, wireless tower and zoning, franchise administration and enforcement, Federal Communications Commission filings, litigation and other related cable and telecommunications issues. 2009 elected by shareholders to serve on the firm's managing board of directors RATING "AV" rated attorney by Martindale-Hubbell - highest rating offered PROFESSIONAL ORGANIZATIONS National Association of Telecommunications Officers and Advisors International Municipal Lawyers Association (Franchise and Technology Section) American Bar Association (Forum Committee on Communications Law) Minnesota State Bar Association (1999 Chair - 2007 Treasurer - 2008 Vice Chair - Communications Law Section) Minnesota Association of Cable Television Administrators (former member of the Board of Directors) PRESENTATIONS (list of past presentations (1988-1995) available upon request) (Invited) Franchise Renewals in 2009 and beyond - National Association of Telecommunications Officers and Advisors, 2009 Spring Conference, May 19, 2008, Washington, D.C. 12 d that this line of direct communication insures that important details regarding client matters will not be lost due to multiple attorneys working on a single project. In addition, Mr. Grogan will have full knowledge of all issues impacting the City and will be able to lead the project from start to finish as directed by the City. Brian T. Grogan (resume attached) is an "AV" rated partner with Moss & Barnett and represents municipalities throughout the country on a variety of communications law issues including cable and video franchising, transfers of ownership, 800 MHz rebanding, right-of-way regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••ii Moss & Barnett A Professional Association FCC 2nd Ruling - Financial Effects - Minnesota Association of Telecommunications Officers and Advisors, 2008 Annual Conference, October 24, 2008, Bloomington, Minnesota Video Services Agreement- Alabama Association of Municipal Attorney's/Alabama Municipal Judges Association Fall Law Conference, September 29, 2008, Panama City, Florida Local Franchising Status and Trends: A Primer, National Association of Telecommunications Officers and Advisors, 2008 Annual Conference, September 17, 2008, Atlanta, Georgia Telecom Municipal WiFi: How to draft an "anchor tenant" contract, International Municipal Lawyers Association, 2008 Annual Conference, September 14, 2008 Primer.on. Recent FCC Regulations and Court Cases Impacting PEG Access - Alliance for Community Media, 2008 ACM International Conference & Exhibition July 9, 2008, Washington, DC Cable and Telecommunications.Access. to Residential Multiple Dwelling Units - Minnesota CLE, 2008 Communications Law Forum, Minneapolis, Minnesota, June 11, 2008 The impact of state legislation and FCC regulations on local community programming - National Association of Telecommunications Officers and Advisors, 2008 Legal and Policy Seminar, Arlington, Virginia, April 3, 2008 Impact of Minnesota Law on The FCC's Cable Franchising Order - Minnesota Cable Communications Association, 24th Annual Conference, Brooklyn Park, Minnesota, September 13, 2007 The Changina Face of local regulation: 621 and beyond - Minnesota Cable Communications Association, Annual Meeting, Minnesota August 6-8, 2007 Impact of the FCC's local franchising regulations - Alliance for Community Media, 2007 International Conference an Exhibition, Minneapolis Minnesota, July 28, 2007 The. FCC Order - impact on Minnesota franchising - Minnesota State Bar Association CLE, 2007 Communications Law Forum, Minneapolis Minnesota; June 14, 2007 Impact of the FCC video franchising order- Minnesota Telecom Alliance Video Symposium, St. Cloud, Minnesota; May 22, 2007 Impact of the FCC video franchising order - The Wisconsin Association of PEG Channels, 2007 Spring Conference, Madison, Wisconsin; May 4, 2007. Federal and state.preemption of lo cal cable franchise regulation - Michigan Association of Municipal Attorneys, 21st Advance Institute, Lansing, Michigan; March 22, 2007. 13 regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••ii Moss & Barnett A Professional Association Local Broadband Regulation & Deployment - Law Seminars International, Tampa, Florida; February 22-23, 2007. Municipal Wifi overview- City Attorney's Conference, Bloomington, Minnesota; February 9, 2007. Twenty Minutes into the Future — Minnesota Association of Community Telecommunications Administrators Annual Conference, Mounds View, Minnesota; October 12-13, 2006. Overview of federal regulation of cable and video franchising - International Municipal Lawyers Association, 71st Annual Conference, Portland, Oregon; September 17-20. 2006. Competitive Franchising - National Association of Telecommunications Officers and Advisors, 26th Annual Conference, Lake Buena Vista, Florida; August 22-26, 2006. Update on Federal Case Law - League of Wisconsin Municipalities Annual Conference; Green Bay, Wisconsin; October 27, 2005. Effective Competition under. FCC Reaulations - International Municipal Lawyers Association, 70th Annual Conference; Minneapolis, MN; September 27, 2005. Presentation on Munickial position on Federal legislation - National Association of Regulatory Utility Commissioners Conference, Franchising Telephone Companies' Provision of Video Services, Austin, Texas; July 24-27, 2005. Ask the Lawyer - The Wisconsin Association of PEG Channels, 2005 Spring Conference, Wisconsin Rapids, Wisconsin; April 29-30, 2005. Renewals in a Competitive Industry - Texas Municipal League Annual Conference, Corpus Christi, Texas; October 27-30, 2004. Franchise renewal and Transfers - League of Kansas Municipalities Annual Conference, Overland Park, Kansas; October 2-5, 2004. Federal Telecommunications Law Update Municipal Association of South Carolina Annual Conference, Hilton Head Island, South Carolina; July 15-18, 2004. Cable and Broadcast Media Issues - 2004 Regional Communications Law Forum, Minnesota State Bar Association, Minneapolis, Minnesota; July 15, 2004. Ask the Lawyers - The Wisconsin Association of PEG Channels 2004 Spring Conference, Eau Claire, Wisconsin; May 7-8, 2004. Cable TV and . Telecommunications Law Update - Tennessee Municipal Attorney's Association, Nashville, Tennessee; February 27, 2004. 14 gulation - Michigan Association of Municipal Attorneys, 21st Advance Institute, Lansing, Michigan; March 22, 2007. 13 regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association Regulation of Emerging Technologies — International Municipal Lawyers Association, Audio Conference; February 26, 2004. Hot Topics in the Telecommunications Arena — City Attorney's Annual Conference, Brooklyn Center, Minnesota; February 6, 2004. Navigating the Waters of Local Government Liability — International Municipal Lawyers Association Annual Conference, Minneapolis, Minnesota; October 12-15, 2003. Looking Back. Looking Forward — Minnesota Association of Community Telecommunications Administrators Annual Conference, St. Louis Park, Minnesota; October 9-10, 2003. New Frontiers in.Telecommunications - National Association of Telecommunications Officers and Advisors Annual Conference, Denver, Colorado; September 10-13, 2003. Telecommunications Regulators/Franchise Renewal Negotiations - National Association of Telecommunications Officers and Advisors-State of California and Nevada Chapter, Fremont, California; July 31, 2003. Update on Federal Law and Industry Trends - The Wisconsin Association of PEG Channels 2003 Spring Conference, Oshkosh, Wisconsin; May 2-3, 2003. Find Your Rhythm .in Music City, A Regulator's_ Workshop — National Association of Telecommunications Officers and Advisors Regional Workshop — Nashville, Tennessee; March 6-7, 2003. Cable. Renewal and Transfers — International Municipal Lawyers Association Annual Conference, Denver, Colorado; October 20-23, 2002. The Ups and . Downs of Broadband Deployment — National Association of Telecommunications Officers and Advisors Conference, Chicago, Illinois; September 18-21, 2002. Local Telecommunications Regulation — University of Wisconsin-Madison, Madison, Wisconsin; June 20-21, 2002. Trading Up or. Trading Places? The Transfer Process — National Association of Telecommunications Officers and Advisors Regional Workshop — Portland, Oregon; June 13-14, 2002. Advocating Local. Government ..Interests in Telecommunications - National Association of Telecommunications Officers and Advisors Conference, Washington D.C.; April 18-19, 2002. Partnering Together to Face the New Millennium - The Wisconsin Association of PEG Channels 2002 Spring Conference, Wisconsin Dells, Wisconsin; April 5, 2002. 15 t Advance Institute, Lansing, Michigan; March 22, 2007. 13 regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 •�i•i • Moss & Barnett A Professional Association Government's Role in Facilitating Communications Growth and Innovation — Minnesota Institute of Legal Education-Communications Horizons Seminar, Bloomington, Minnesota; February 1, 2002. Franchise Renewals and Transfers — National Association of Telecommunications Officers and Advisors Conference, Miami, Florida; September 9-12, 2001. Municipal Clerk's Academy — Recent Developments in the Communications Industry — Iowa State University, Ames, Iowa; July 19-20, 2001. Open Video Systems: Friend, or Foe? — Minnesota Association of Cable Television Administrators Summer Seminar, Alexandria, Minnesota; July 10, 2001. Proposed Changes in Minnesota Law— 2001 Communications Law Forum, Minnesota State Bar Association, Minneapolis, Minnesota; June 27, 2001. Renewals. Transfers and Overbuilds in 2001, University Conference on Telecommunications —University of Wisconsin, Madison, Wisconsin; June 21-2001. Converging. Technologies and Industries — National Association of Telecommunications Officers and Advisors Annual Conference, Los Angeles, California; September 13-16, 2000. Litigation and Regulation Update— National Association of Telecommunications Officers and Advisors Conference, Washington D.C.; June 15-16, 2000. Balancing Public and Private Interests — National Association of Telecommunications Officers and Advisors, Boston, MA; May 25-26, 2000. The. Future of PEG Access from .a. Legal and Regulatory Perspective - The Wisconsin Association of PEG Channels Annual Conference, Oshkosh, Wisconsin; March 4, 2000 First Amendment Considerations Regarding Regulation of Cable Television — International Municipal Lawyers Association Annual Conference, Toronto, Canada; September 28, 1999. List of presentations 1989-1999 available upon request. PUBLICATIONS NATOA Journal - There is Life After State Cable Legislation Passes. Fall 2008. With Paul Ruff and Cheryl Johnson • The.Municipal Lawyer—Franchising Competitive Video Providers. July/August 2007 Local Government Law Weekly— Open Access Requirement Found To Be Inconsistent With Federal Law. July, 2001. 16 April 5, 2002. 15 t Advance Institute, Lansing, Michigan; March 22, 2007. 13 regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association Local Government Law Weekly — BELLSOUTH v. TOWN OF PALM BEACH Managing Rights-of-Way— 11th Circuit Gives Victory. June, 2001. The Municipal Lawyer — Managing Rights-of-Way: What Does Section 253 Really Mean? January/February 2001. NATOA Journal of Municipal Telecommunications Policy.— Managing Your Rights-of-Way What Does Section 253 Really Mean?, Summer 2000. Local Government Law Weekly — Ninth Circuit Rules That Cable Modem Service Is A Telecommunications Service, July, 2000. Local Government Law Weekly — Local Governments Lose Their Last Hope of Controlling the Siting of Communications Facilities Based on Radio Frequency March 20, 2000. Local _Government Law Weekly — Can Cable Operators Use Rights-of-Way Without Obtaining a Franchise? December 20, 1999. Pennsylvanian - Cable Television and the First Amendment. December Issue, 1999. The Municipal.Lawyer - Is Cable Television Franchise Renewal Guaranteed?, March/April Issue, 1996. List of publications 1989-1996 available upon request. . 17 National Association of Telecommunications Officers and Advisors Annual Conference, Los Angeles, California; September 13-16, 2000. Litigation and Regulation Update— National Association of Telecommunications Officers and Advisors Conference, Washington D.C.; June 15-16, 2000. Balancing Public and Private Interests — National Association of Telecommunications Officers and Advisors, Boston, MA; May 25-26, 2000. The. Future of PEG Access from .a. Legal and Regulatory Perspective - The Wisconsin Association of PEG Channels Annual Conference, Oshkosh, Wisconsin; March 4, 2000 First Amendment Considerations Regarding Regulation of Cable Television — International Municipal Lawyers Association Annual Conference, Toronto, Canada; September 28, 1999. List of presentations 1989-1999 available upon request. PUBLICATIONS NATOA Journal - There is Life After State Cable Legislation Passes. Fall 2008. With Paul Ruff and Cheryl Johnson • The.Municipal Lawyer—Franchising Competitive Video Providers. July/August 2007 Local Government Law Weekly— Open Access Requirement Found To Be Inconsistent With Federal Law. July, 2001. 16 April 5, 2002. 15 t Advance Institute, Lansing, Michigan; March 22, 2007. 13 regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association YURI B. BERNDT Moss & Barnett, A Professional Association 4800 Wells Fargo Center, 90 South Seventh Street Minneapolis, MN 55402-4129 (612) 347-0267/ (612) 339-6686 facsimile BerndtY@moss-barnett.com EXPERIENCE MOSS & BARNETT, Minneapolis, Minnesota — Partner practicing in the area of tax and corporate law as well as cable communications and franchising. He represents individuals, partnerships, limited liability companies and other closely-held business clients on a variety of matters. He also works with the firm's municipal clients to conduct franchise fee audits and financial qualification reviews. MCGLADREY& PULLEN, LLP, Minneapolis, Minnesota—Tax Manager Responsible for all tax related planning and compliance for 30+ middle market companies in the manufacturing and real estate area including research memoranda on various tax issues and planning ideas. Additional emphasis in partnerships, limited liability companies, and S- corporations. Responsible for managing, scheduling and supervising 13+ professional staff members. Also responsible for 40+ high net worth individuals tax planning. LANGLAIS, MAY& SCHUMACHER, PA, Hastings, MN —Tax Accountant Researched various partnership tax issues. Prepared tax returns for various large real estate partnerships. MARIGOLD FOODS. INC. Minneapolis, MN—Accounting Intern Internship under Division Controller analyzing, reconciling and preparing accounts receivable reports. Generated and analyzed sales and expense budgets. EDUCATION Juris Doctorate, Cum Laude—May 1998 William Mitchell College of Law, St. Paul, MN 55105 Bachelor of Arts Degree, Accounting—May 1992 Gustavus Adolphus College, St. Peter, MN 55082 ORGANIZATIONS Member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified Public Accountants, Minnesota Society of Certified Public Accountants, Tax Section of the Minnesota State Bar Association, Eden Prairie Chamber of Commerce 18 t 2007 Local Government Law Weekly— Open Access Requirement Found To Be Inconsistent With Federal Law. July, 2001. 16 April 5, 2002. 15 t Advance Institute, Lansing, Michigan; March 22, 2007. 13 regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 . • •••♦• Moss & Barnett A Professional Association BARRY M. ORTON Professor, Telecommunications Department of Professional Development and Applied Studies Division of Continuing Studies University of Wisconsin-Madison 610 Langdon Street, Madison, Wisconsin 53703 (608) 262-2394, Fax 265-2329 bmorton@wisc.edu http://www.dcs.wisc.edu/pda/bios/orton.htm Degrees: BS, Economics and Business, 1970, Lehigh University Master of City and Regional Planning, 1972, Rutgers University Ph.D., 1980, Urban Planning and Policy Development, Rutgers University Title of dissertation: "Media Based Issue Balloting for Regional Planning" Positions Held: University of Wisconsin-Madison, Department of Communication Programs, Associate Professor, 1985-1988; Professor and Department Chair, 1988 -1992. University of Wisconsin-Extension, Communication Programs, Associate Professor, 1982-85; Assistant Professor, 1980 - 1982. Rutgers University, Assistant Professor, Department of Journalism and Urban Communications, 1974- 1979. Rutgers University Research Associate, Urban Communications Teaching and Research Center, 1974- 1979. Rutgers University, Instructor, Department of Community Development, 1972 -1974. Sussna Associates, Trenton, N.J. Consulting Planner, 1971 - 1972. Professional Activities: Telecommunication consultant 1972 -present. Cable television regulation, telecommunication utilization and development, ratemaking, performance monitoring, policy planning. Service to numerous local government clients in Arizona, California, Florida, Illinois, Iowa, Maryland, Michigan, Minnesota, Missouri, Tennessee, Utah, Vermont and Wisconsin. 19 tion, Minnesota State Bar Association, American Institute of Certified Public Accountants, Minnesota Society of Certified Public Accountants, Tax Section of the Minnesota State Bar Association, Eden Prairie Chamber of Commerce 18 t 2007 Local Government Law Weekly— Open Access Requirement Found To Be Inconsistent With Federal Law. July, 2001. 16 April 5, 2002. 15 t Advance Institute, Lansing, Michigan; March 22, 2007. 13 regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association f Founder, Charter Member, National Association of Telecommunications Officers and Advisors (NATOA), 1980-present. President, Wisconsin Chapter 1986-2004. Chair, NATOA National Conference, 1984. Chair, Task Force on Standards, 1984-1986. Keynote Speaker, National Conference, 1990. Elected as Life Member, 2005. Board of Contributors, Cable TV and News Media Law and Finance, New York Law Publishing, 1988-present. Editorial Consultant: Oxford University Press, 1976 - 1985 Random House, 1977 - 1988 Harper& Row, 1977 - 1980 Telecommunications Consultant, New Jersey Coalition for Fair Broadcasting, Newark and Trenton, New Jersey, 1974-1979. Director, TV news monitoring project 1977-1978. Associate Director, New Jersey Cable-Video Information Project, Rutgers Urban Communications Teaching Research Center, 1974- 76. Publications (Selected): Books American Mass Media: Industries and Issues. Third Edition. Editor, (with R. Atwan and W. Vesterman). Random House, 1986. Second Edition, 1981; First Edition, 1978. The Cities and Cable Television: Local Regulation and Municipal Uses. Editor. Madison: University of Wisconsin-Extension, 1982. Articles "If It Walks Like a Duck and Quacks Like a Duck, It's Video: Seeing Through the Bells' Attempt to Avoid Local Franchising," Illinois Municipal Review, May 2006. "The Cable Communications Policy Act of 1984: A Compromise That Has Stood The Test of Time," Journal of Municipal Telecommunications Policy, Winter, 2005. "The Facts of Life About Cable Franchises," Illinois Municipal Review, June, 2005. "Franchise Transfers: Issues From the Front," Journal of Municipal Telecommunications, Vol. 1, #1, April, 1999. "Public Rights Of Way: It's Not Only Money That Matters," Telecommunications Reports International Journal, Vol. 2 (1), Winter 1998. 20 te Bar Association, Eden Prairie Chamber of Commerce 18 t 2007 Local Government Law Weekly— Open Access Requirement Found To Be Inconsistent With Federal Law. July, 2001. 16 April 5, 2002. 15 t Advance Institute, Lansing, Michigan; March 22, 2007. 13 regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 •�••• Moss & Barnett A Professional Association "Cities, Industry Await 1st Appellate Renewal Case: No Franchise Renewal Revolution Brewing," Cable TV and New Media Law and Finance, New York Law Publishing, Vol. 14 (1), March, 1996. "Is It Time to Pull the Plug On Cable TV Rate Regulation?" Cable TV and New Media Law and Finance, New York Law Publishing, Vol. 13 (3), May, 1995. "Information Industries Betting NETworth on Cyberspace," Cover story. Once A Year, Milwaukee Press Club. April, 1994. "Regulation Needed After Telcos Enter Cable," Multichannel News, December 6, 1993. "Cashing in on a New Market: Putting Cable on Campus," (with N. Stevenson) Cable TV and New Media Law and Finance, New York Law Publishing, Vol. 11 (5), July, 1993. "What Does the New Federal Act on Cable Mean to Local Governments, Viewers?" (with A. Abramson). The Municipality, League of Wisconsin Municipalities, Vol. 88, (2), February, 1993. "Local Franchising Authorities Enforcing Stricter Standards," (with A. Abramson) Cable TV and New Media Law and Finance, New York Law Publishing, Vol. 10 (2), April, 1992. "In the Boondocks, the Cry is: We Want Our MTV--NOW," (with A. Abramson) Cable TV and New Media Law and Finance, New York Law Publishing, Vol. 8 (12), February, 1991. "Local Franchise Authorities Flexing Remaining Muscles," Cable TV and New Media Law and Finance, Vol. 7, (9), November, 1989. "Franchise Renewals in Classic Cable Markets," Cable TV and New Media Law and Finance, New York Law Publishing Company, Vol. 6, (10), December, 1988. "Franchise Fee Battles Spawn Varied Tactics," Cable TV and New Media Law and Finance, Vol. 5, (12), February, 1988. "Telecommunications Deregulation: Local Impacts." Policy Studies Journal, Vol. 16, No. 1, Autumn, 1987. "Cable Franchise Renewals" (with Q. Jew) The Municipality, League of Wisconsin Municipalities, Vol. 82, (7), June, 1987. "Beyond Cable: Towards Comprehensive Telecommunications Planning and Management," NATOA News, National League of Cities, Vol. 4, No. 7, January/February, 1986. • 21 15 t Advance Institute, Lansing, Michigan; March 22, 2007. 13 regulation, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association "Telecommunications Technology: Impacts on Transportation and Economic Development," (with H. Tealib) Occasional Paper #18, Department of Urban and Regional Planning, UW-Extension, May, 1985. "New Federal Cable Law and The Wisconsin Connection," The Municipality, League of Wisconsin Municipalities, Vol. 80 (2), February, 1985. "Will Institutional Cable Networks Be Built In Major Market Networks as Promised?" Cable Communications Newsletter, Mason Publishing, Vol. I (16), December, 1983. "Phony Polls: The Pollster's Nemesis," Public Opinion, June/July, 1982. "Mass Media Balloting on Regional Issues: Public Participation or Public Relations?," Environmental Impact Assessment Review, Plenum Press, I (2), 1980. "Generating Public Opinion Data Via Interactive Media, in Teleconferencing and Interactive Media," Madison: University of Wisconsin-Extension, 1980. "FCC to act in New Jersey VHF case," (with R. Ottenhoff) Televisions, IV(3), 1976. "The retired now a force in Jersey counties." The New York Times, Dec. 8, 1974. "The video comprehensive plan: toward electronic participation in the planning process." Urban Telecommunications Forum, II (2), 1973. "Urban communications teaching and research." Radical Software, Gordon & Breach Science Publishers II (4), 1973. Research Reports and Media Productions The Wisconsin Idea in the Electronic Age Extending University Resource Through Telecommunications. Editor. Report of the UW-Extension Telecommunications Strategic Planning Task Force. Madison: UW-Extension, 1985. "Local television coverage of New Jersey by commercial VHF stations," Petition to Deny filed by the Offices of Attorney General and Public Advocate, State of New Jersey, and Coalition for Fair Broadcasting, 1978. "An electronic news gathering system for New Jersey," (with R. Ottenhoff). FCC Docket 20350, Petition for Inquiry into the Need for Adequate Television Service for the State of New Jersey, 150-227, 1975. "Proposal for improving television news coverage of New Jersey," (with D. Sachsman). Report of the New Jersey Senate Committee on the Adequacy of Television Service to New Jersey, Vol. 1, 47-55, 1975. 22 n, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association Image Mix (videotape) (with M. Sherman and C. Suydam) Exhibited: New Jersey. State Museum, 1975. So This is America? (videotape) (with M. Orton), Video Arts package, U.S. Information Service. Exhibited: Museum of Modern Art, Paris, 1974. Planning for the Impact of Retirement Communities (film), New Jersey State Office on Aging, 1974. Major Legislative Activities: 1992 Cable Television Subscriber Bill of Rights. Sections 60.23 (24), 66.082 (5), and 134.42 of Wisconsin Statutes. Worked with principal sponsor, Rep. Spencer Black, to conceive, draft, present testimony, and negotiate with other legislators. Establishes certain consumer rights for cable TV subscribers, requires local franchise authority approval of transfers of ownership of systems, enables consumer protection powers on local and state levels. 1987 Film Promotion Office. (Sections 20.143 (2) (c) and 560.26 of Wisconsin Statutes) Directed conference on need for such an office; testified at hearings, provided research on information on state impact of films production for legislators. Law creates and funds a state film promotion office in the Department of Development. 1986 Defeat of Wisconsin Assembly Bill 506. Represented Wisconsin Association of Local Cable Officials (League of Wisconsin Municipalities) in entire hearing and debate process. Bill would have repealed franchise fee provisions of Section 66.082 (below). 1984-85 Regulation of Cable Television by Municipalities. (Section 66.082 of Wisconsin Statutes) Represented Wisconsin municipalities in drafting, hearings, adoption process. Law authorizes local government franchise controls in Wisconsin. 1981 Wisconsin Cable Privacy Act of 1981. (Section 134.43 of Wisconsin Statutes) Performed basic research and language drafting. Law protects cable subscriber privacy. 23 system for New Jersey," (with R. Ottenhoff). FCC Docket 20350, Petition for Inquiry into the Need for Adequate Television Service for the State of New Jersey, 150-227, 1975. "Proposal for improving television news coverage of New Jersey," (with D. Sachsman). Report of the New Jersey Senate Committee on the Adequacy of Television Service to New Jersey, Vol. 1, 47-55, 1975. 22 n, tower and zoning, wireless broadband, litigation and other communications law matters. Mr. Grogan is a frequent presenter at state and national conferences regarding communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 •*i•i Moss & Barnett A Professional Association BUNNIE RIEDEL Riedel Communications 8775 Centre Park Drive#255 Columbia, MD 21045 410-992-4976 www.riedelcommunications.com • With over twenty years experience in telecommunications and nonprofit management, Bunnie Riedel has providedl strategic advice to regulators at the federal, ;state and local levels of government and has filed . authoritative. comments with the Federal Communications Commission. An innovative leader and energetic advocate, Ms. Riedel has conducted ordinance and regulatory review, assisted communities iri franchise negotiations and Public, Educational and Government (PEG) access television startup and delivered hundreds of speeches and workshops on telecommunications across the nation. As the *'longest serving Executive Director of the Alliance for Community Media, Bunnie represented over 5,000 television channels at over 1,500 PEG television centers across the country. That experience and those connections have allowed Ms. Riedel to place non-profit an& government non-commercial programming on hundreds of access television channels around the nation. Using her personal reputation as a trusted source for educational video programming, PEG access centers eagerly sign up to receive the video programming Ms. Riedel recommends. Additionally, Ms. Riedel has delivered addresses on best practices in cable and telecommunications to The Broadcasting Institute, South Korea;the OurMedia conference in Colombia; and the Next Communications Civilization symposium:in, Paris.. At the U.S. Department of State's request she has frequently advised international audiences from Brazil, Canada,-Germany, Hungary, Japan, Poland, Thailand, Venezuela and Ukraine. Ms. Riedel has been interviewed on dozens of radio programs and'quoted in newspapers from coast to coast. In addition to articles in three college textbooks her publication credits include: • MultiChannel News, Various Articles & Guest Slogger • NATOA Journal, PEG Access • Community Media Review(Award Winning Quarterly Journal) • Campaigns, Candidates, Elections and PEG • Successfully.Negotiating a Franchise Renewal • Community Media Resource Directory • Guide to Controversial Programming 24 • -25 - - communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association D. REFERENCES Moss & Barnett References Please see summaries of actual work performed in Section B above: 1. City of Virginia Beach, Virginia Population: 400,000+ Aimee Knapp Sullivan, Esq. Associate City Attorney City of Virginia Beach Municipal Center-Building 1 2401 Courthouse Drive Virginia Beach, Virginia 23456-9004 Phone: (757) 385-1340 2. City of Seattle, Washington Population: 563,374 Tony Perez, Director Seattle Office of Cable Communications Department of Information Technology 700 Fifth Ave., Ste 2700 Seattle, WA 98104-4709 Phone: (206) 386-0070 3. City of Norfolk, Virginia Population: 234,403 Martha McGann, Deputy City Attorney Norfolk City Hall 810 Union Street Norfolk, Virginia 23501 Phone: (757)664-4227 4. Connecticut Department of Public Utility Control Population: 1,000,000+ Michael W. Coyle, Manager Consumer Services Department of Public Utility Control Ten Franklin Square New Britain, CT 06051 Phone: (860)827-2686 27 around the nation. Using her personal reputation as a trusted source for educational video programming, PEG access centers eagerly sign up to receive the video programming Ms. Riedel recommends. Additionally, Ms. Riedel has delivered addresses on best practices in cable and telecommunications to The Broadcasting Institute, South Korea;the OurMedia conference in Colombia; and the Next Communications Civilization symposium:in, Paris.. At the U.S. Department of State's request she has frequently advised international audiences from Brazil, Canada,-Germany, Hungary, Japan, Poland, Thailand, Venezuela and Ukraine. Ms. Riedel has been interviewed on dozens of radio programs and'quoted in newspapers from coast to coast. In addition to articles in three college textbooks her publication credits include: • MultiChannel News, Various Articles & Guest Slogger • NATOA Journal, PEG Access • Community Media Review(Award Winning Quarterly Journal) • Campaigns, Candidates, Elections and PEG • Successfully.Negotiating a Franchise Renewal • Community Media Resource Directory • Guide to Controversial Programming 24 • -25 - - communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 •.i• i Moss & Barnett A Professional Association Moss & Barnett References (continued) 5. San Mateo Telecommunications Authority Population: 1,000,000+ Steve Toler Administrative Services Director 610 Foster City Boulevard Foster City, CA 94404 Phone: (650) 286-3214 6. Northern Dakota County Cable Communications Commission (NDC4) Population 100,000+ Jodie Miller, Executive Director 5845 Blaine Avenue Inver Grove Heights, MN 55076-1401 Phone: (651) 450-9891 7. City of Tacoma, Washington Population: 180,000 Jeff Lueders, Cable Coordinator 747 Market Street, Suite 1120 Tacoma, WA 98402 Phone: (253) 591-5727 8. Stafford County, Virginia Population: 75,000 Cathy Riddle, Public Information Manager _ 1300 Courthouse Road P.O. Box 339 Stafford, VA 22555-0339 Phone: (540)658-4894 28 y Control Population: 1,000,000+ Michael W. Coyle, Manager Consumer Services Department of Public Utility Control Ten Franklin Square New Britain, CT 06051 Phone: (860)827-2686 27 around the nation. Using her personal reputation as a trusted source for educational video programming, PEG access centers eagerly sign up to receive the video programming Ms. Riedel recommends. Additionally, Ms. Riedel has delivered addresses on best practices in cable and telecommunications to The Broadcasting Institute, South Korea;the OurMedia conference in Colombia; and the Next Communications Civilization symposium:in, Paris.. At the U.S. Department of State's request she has frequently advised international audiences from Brazil, Canada,-Germany, Hungary, Japan, Poland, Thailand, Venezuela and Ukraine. Ms. Riedel has been interviewed on dozens of radio programs and'quoted in newspapers from coast to coast. In addition to articles in three college textbooks her publication credits include: • MultiChannel News, Various Articles & Guest Slogger • NATOA Journal, PEG Access • Community Media Review(Award Winning Quarterly Journal) • Campaigns, Candidates, Elections and PEG • Successfully.Negotiating a Franchise Renewal • Community Media Resource Directory • Guide to Controversial Programming 24 • -25 - - communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 �•�•• Moss & Barnett A Professional Association BUNNIE RIEDEL REFERENCES 1. National Association of Telecommunications Officers and Advisors Elizabeth Beaty Executive Director of the 1800 Diagonal Road, Suite 495 Alexandria, VA 22314 Phone: 703-519-8035 Email: Ibeaty@natoa.orq 2. Worcester Community Cable Access TV Mauro DePasquale, Executive Director 415 Main St. Worcester, MA 01608 Phone: 508-755-1880 Email: mauro@wccatv.ora 3. SAMHSA- PEG organization Ivette Torres, Director 1 Choke Cherry Road Rm. 2-1055 Rockville, MD Phone: 246-276-2757 Email: ivette.torresCa.samhsa.hhs.00v 4. Town of Rotterdam, New York Patrick Saccocio, Counsel, 670 Franklin St. P.O. Box 1087 Schenectady, NY 12301 Phone: 518-377-9096 x20 Email: psaccocio(c andslaw.com 29 Phone: (540)658-4894 28 y Control Population: 1,000,000+ Michael W. Coyle, Manager Consumer Services Department of Public Utility Control Ten Franklin Square New Britain, CT 06051 Phone: (860)827-2686 27 around the nation. Using her personal reputation as a trusted source for educational video programming, PEG access centers eagerly sign up to receive the video programming Ms. Riedel recommends. Additionally, Ms. Riedel has delivered addresses on best practices in cable and telecommunications to The Broadcasting Institute, South Korea;the OurMedia conference in Colombia; and the Next Communications Civilization symposium:in, Paris.. At the U.S. Department of State's request she has frequently advised international audiences from Brazil, Canada,-Germany, Hungary, Japan, Poland, Thailand, Venezuela and Ukraine. Ms. Riedel has been interviewed on dozens of radio programs and'quoted in newspapers from coast to coast. In addition to articles in three college textbooks her publication credits include: • MultiChannel News, Various Articles & Guest Slogger • NATOA Journal, PEG Access • Community Media Review(Award Winning Quarterly Journal) • Campaigns, Candidates, Elections and PEG • Successfully.Negotiating a Franchise Renewal • Community Media Resource Directory • Guide to Controversial Programming 24 • -25 - - communications law. Mr. Grogan is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association (Franchise and Technology Section), and is the vice-chair of the Communications Law Section of the Minnesota State Bar Association. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 �•��• Moss & Barnett A Professional Association DR. BARRY ORTON REFERENCES 1. City of Byron, Illinois Clayton Lindsey, City Attorney P.O. Box 916 Byron, IL 61010 Phone: (815) 234-2762 Email: mailto:CLindsey©wilmac.com 2. Dupage County, Illinois Anna Harkins, Senior Asst. State's Attorney 503 North County Farm Road Wheaton, IL 60187 Phone: (630) 407-8202 3. City of Chicago, Illinois Jim McVane, Deputy Commissioner Cable Enforcement Division City of Chicago Dept. of Consumer Services 33 N. LaSalle St. Chicago, IL 60602 Phone: (312) 744-4087 Email: mailto:imcvaneecitvofchicago.ora 30 State Bar Associations. • 11 , Mike Fahey, Mayo City of Omaha PILAW-CITY COUNCIL DOCUMENTS\2009\30066d1m �•�•• Moss & Barnett A Professional Association E. METHODOLOGY Moss & Barnett and the team it has assembled have reviewed the Scope of Work in the City's RFP and we have outlined below a proposed work plan to address the City's tasks. We have noted recommended changes to the scope of work where relevant and proposed and option addition for the City consideration. 1. Assist City staff in preparing a written plan for the renewal process, accompanied by a time line, and work with staff to modify the plan as appropriate. Moss & Barnett and its project team will work with the City to develop the plan and will dedicate the time necessary to complete tasks in the timeframe desired by the City. We propose to include one on-site meeting for this task to initiate the renewal process, meet with staff and coordinate the entire renewal process for both Qwest and Cox. Total cost$2,700 -see Section F Pricing and Invoicing 2. Assist City staff and CTAC with various review activities, including a community needs assessment, customer satisfaction survey, public meetings, or public workshops. We propose to have both Bunnie Riedel and Dr. Barry Orton work with City staff and CTAC to assess the needs and interests of the community. Ms. Riedel has assisted numerous cities with assessments of local needs and is well versed in reaching out to community organizations to gather this information. Ms. Riedel will handle much of the on-site work (described below) and Dr. Orton will provide critical drafting assistance and expert insight. Dr. Orton's involvement will not only add valuable expertise to the written product but, should the City require expert witnesses to defend the needs assessment report, Dr. Orton will be a solid expert and reputable professor on which the City can rely. Tom Wilson with Group W will perform the actual survey with assistance from Dr. Orton and Ms. Riedel in drafting questions to target information necessary for the assessment in Omaha. Both Dr. Orton and Mr. Wilson will work on the tabulation and interpretation of the survey results and incorporation of the results into the final report. Ms. Riedel will simultaneously be working on various public meetings and workshops in an effort to gather the City's needs and interests in an efficient and expeditious timeframe. Final report drafting will be performed by the team with input and advice from City Staff, CTAC and Moss & Barrett. Focus Group meetings We propose to conduct three six-hour "Focus Groups" with access users, the Knowledge Network of Greater Omaha (TKN) and community stakeholders. Working with the City, TKN, the CTAC and the access staff, Ms. Riedel will identify people and organizations that will comprise the Focus Groups. The following is an example of just some organizations and individuals that may comprise the Focus Groups. 31 sociation. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 �•�•• Moss & Barnett A Professional Association • CTAC members • Individual Public Access Producers • TKN Producers and Staff • Academics and Educators • Youth Service Workers and Advocates • Government Agencies • Police, Firefighters and Emergency Responders • Criminal Justice Agencies • Transportation Agencies • Parks and Recreation Agencies • Nonprofit Organizations • Religious Groups • Arts Organizations • Healthcare Organizations • Civic Groups • Neighborhood Councils • Senior Citizens and Senior Services • Social Service Providers • Humane Societies • Business Owners • Fraternal Organizations Each Focus Group will have at least 25-30 participants (more is desired). Each participant in the Focus Group will be challenged to determine his or her communications needs (as individuals and representatives of institutions). The Focus Group sessions will consist of small group brainstorming, breakout sessions, general discussion and comprehensive worksheets that provide narrative as well as quantitative opportunities. Customer Satisfaction Survey Note: We are proposing one survey lasting 10-12 minutes for 400 completed residents at the rate of$11,500 - flat fee bid. Since we have two operators (Cox and Qwest) the City may determine that separate surveys are required to achieve the level of accuracy and detail desired. For example, if only a small portion of the survey relate to Qwest's performance in the City, the results may not rise to the level of accuracy to be beneficial to the City in a future proceeding. We are prepared to review this issue with the City. While we would achieve some efficiency in completing the same survey twice (once for each operator), the costs would be similar in that another 400 completed calls would be required. Group W Communications will conduct a cost effective, comprehensive and statistically sound customer satisfaction & viewership survey. Lead by Tom Wilson, Group W will take the necessary time to work with the City and design a study that is sound, relevant and actionable. In addition to basic subscriber and demographic information, Mr Wilson will create questions to ascertain the level of satisfaction (or dissatisfaction) on a host of cable television quality and 32 team with input and advice from City Staff, CTAC and Moss & Barrett. Focus Group meetings We propose to conduct three six-hour "Focus Groups" with access users, the Knowledge Network of Greater Omaha (TKN) and community stakeholders. Working with the City, TKN, the CTAC and the access staff, Ms. Riedel will identify people and organizations that will comprise the Focus Groups. The following is an example of just some organizations and individuals that may comprise the Focus Groups. 31 sociation. Yuri B. Berndt (resume attached) is a partner practicing in the area of communications, tax and corporate law. Mr. Berndt is a Certified Public Accountant with prior experience at a large accounting firm. Mr. Berndt has been active in handling financial reviews of proposals submitted by Comcast, AT&T, Charter, Cox and Time Warner. He is a member of the American Bar Association, Minnesota State Bar Association, American Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association service issues, customer service issues, PEG Access viewership and the importance of local community programming. If desired, the survey can also include questions aimed at services respondents might like to see delivered in the future including probing to help determine any future need to justify recovery of additional PEG access channels. Gathering information about future needs and wants can prove invaluable in providing guidance and assistance in developing appropriate public policy in the telecommunications area. Group W will conduct a statistically valid telephone survey using trained, professional interviewers and computer assisted telephone interviewing (CATI) stations. The interviews will be verified by on-site supervisors utilizing a 10% verification or validation rate. This means that one out of every 10 completed interviews will be selected at random by the supervisor and a return call will be placed to the respondent to verify that the interview took place. Trained bi- lingual (English & Spanish) interviewers will be assigned to this project, as needed, to allow the participation of respondents who are more comfortable being interviewed in Spanish. Over the years, we have deployed and are comfortable utilizing a broad range and type of samples. Our most common sample utilized is a statistically sound random sample which will result in a minimum "n" or size of 400, meaning that 400 interviews will be completed. A sample of this size and type will allow for a sampling error of approximately 4.9% at the 95% level of confidence. This means that in 95 out of 100 cases, the responses indicated will be within +/-4.9% of the responses if the entire universe (all cable subscribers in the viewing area with a residential phone number)were interviewed. The margin of error for analysis of any sub- samples (men, women, older respondents, etc.)will be greater. However, should your budget allow for a more robust sample size, we would recommend and have included cost parameters (see "City of Omaha Proposal Costs") to conduct a survey with a statistically sound random sample size or"n" of 600. A random sample of 600 will allow for a sampling error of approximately 4%, again, at the 95% level of confidence. Either sample size is common in the research industry and is fully adequate to conduct a statistically sound study with reliability and validity. However, larger samples are used, when possible, due to the smaller sampling error which becomes especially important and useful when analyzing the results of subsets of the sample, e.g., comparing the viewing habits and patterns of women versus men, younger respondents versus older respondents, respondents reporting differing levels of income, etc. After the survey is fielded and the interviewing is complete, Group W, with assistance from Dr. Orton, will analyze the results and prepare a report on the findings. This report will contain a summary, a narrative, numerous charts and graphs, as well as, appendices with unabridged tables of results. In addition, Mr. Wilson will be available for an onsite consultation and presentation of results. All of this information will also be incorporated into the final needs assessment report. • 33 n Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••••• Moss & Barnett A Professional Association Total cost $22,595 - see Section F Pricing and Invoicing 3. Review existing cable television franchise agreements and suggest additional elements for the City to consider including in any proposal for renewal, utilizing the experiences and solutions of other governmental franchisors across the nation. Brian Grogan of Moss & Barnett will handle this aspect of the process for the City. Mr. Grogan has reviewed hundreds of franchises and local ordinance provisions for cities throughout the country and is prepared to work with the City Staff and City Attorney's office to address this. critical element of the scope of work. Total cost $4,080 -see Section F Pricing and Invoicing 4. Attend and/or assist with negotiations with franchised companies as needed. The City Attorney and his staff will provide most of the legal review and all drafting of the franchise agreements and ordinance revisions and will be the primary negotiator. See, itemized price requirements. Mr. Grogan has severed in the role of both lead negotiator for cities or in a support role as proposed in the City's RFP. In fact, Mr. Grogan served a very similar support role in Seattle Washington working with City Staff and the Assistant Seattle City Attorney to accomplish a recent renewal of Comcast. Mr. Grogan also served as lead negotiator in Virginia Beach where Cox serves 175,000 cable subscribers - similar demographics to Omaha. Total cost$21,600 - see Section F Pricing and Invoicing 5. Provide engineering expertise related to any technical review or system upgrade, or assist the City in developing an RFP for these services. Engineering firms submitting proposals must be licensed in the State of Nebraska. In our experience the need for a technical engineer to make recommendations for "system upgrade" is not helpful in the renewal process. FCC regulations make it difficult, if not impossible, for a City to mandate a particular upgrade as part of a renewed franchise. We already know that Cox and other large multiple system operators will simply not agree to any provision in a local franchise which attempts to dictate "transmission technology." In fact, if the City receives proposals from other consultants suggesting that mandatory upgrades can be imposed in franchise renewal negotiations, we suggest the City request to see the actual franchise language where the consultants have been successful obtaining Cox or Qwest agreement to such upgrade mandates. We do not believe Cox/Qwest has agreed to mandatory upgrade requirements in a local franchise in several years and thus expenditures for this type of technical assistance may not be a wise use of the City's resources. Moreover, system testing is also of limited value. Both Cox and Qwest are required to submit two types of test results to the FCC. Signal leakage tests and proof of performance tests. 34 findings. This report will contain a summary, a narrative, numerous charts and graphs, as well as, appendices with unabridged tables of results. In addition, Mr. Wilson will be available for an onsite consultation and presentation of results. All of this information will also be incorporated into the final needs assessment report. • 33 n Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association When the operator's conduct these tests, if any particular test point should fail they simply retest until the test point passes. The operator then submits those "clean" results. Thus, paying a City retained engineer to walk out with Cox and "observe" the tests (which is all Cox/Qwest will allow and all any engineer can legally perform) is of minimal value to the City. On the other hand, we do believe that using an engineer to visually inspect the system, with or without the operator's cooperation, can be very valuable. Such an inspection can identify electric safety code violations, cracked pedestals, over-lashed cable, poor electrical grounding and related system weaknesses. This information can be very helpful to the City and can result in system improvements and a corrective plan of action from the operator. This is also a far less costly undertaking compared to the City's proposed scope of work on this issue. We therefore propose to assist the City in selecting a qualified, experienced engineer to perform this more limited and cost effective task as part of the renewal process. We have worked with many engineers in the field and can add such a engineer on to our project team if desired. We have not proposed a cost for this service as part of our bid since we wanted to first discuss the issue with the City. We can use the City's suggestion of a separate technical RFP if the City agrees with our recommendation. Total cost$0 -we propose to bid (RFP)for limited technical inspection/report 6. Provide guidance and assistance, as needed, regarding various regulatory requirements at the Federal and state level. Moss & Barnett performs these tasks on a daily basis for our existing clients and we can assist the City as required during the renewal process. We regularly monitor and track federal proceedings at the FCC, NTIA, RUS and other federal and state agencies as needed to assist our clients. We also currently represent Grand Island, Kearney, and Ogallala Nebraska and are familiar with Nebraska state law and proceedings that may require review at the state level. Total cost$4,080 -see Section F Pricing and Invoicing 7. Attend meetings and events as requested to receive public input and discuss aspects of the proposed franchise agreement with CTAC, the City Council, etc. At a minimum, the consultant needs to plan on attending three live presentations of the report.Additional meetings will be paid on a per diem and travel expense basis. We propose to separate these tasks to match the expertise of the team we have assembled. Bunnie Riedel will perform the on-site meetings required to gather information from the public and community organizations regarding local needs and interests. Brian Grogan will handle meetings before the Council regarding presentations on the final needs assessment report and issues related to franchise negotiations and final work products. Ms. Riedel costs are built into her work on other tasks under the RFP scope of work. Total cost$8,230 - see Section F Pricing and Invoicing ' 35 e for an onsite consultation and presentation of results. All of this information will also be incorporated into the final needs assessment report. • 33 n Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 •�i•i Moss & Barnett A Professional Association 8. Review PEG access , under the existing franchises and offer guidance and recommendations on forms of PEG access administration and/or oversight to meet community and governmental needs, including identifying the appropriate management entity and funding. For example, provide guidance on the benefits and disadvantages of PEG access programming administered and/or produced by City staff, by a nonprofit corporation operating under City supervision, by a private entity, or by one or more cable operators continuing the current practice of administering PEG access programming as a franchise obligation. Bunnie Riedel was added to the project team to specifically address this task in the City's scope of service. Ms. Riedel has unparalleled expertise in this field having visited hundreds of PEG access centers around the country while leading the nation's premiere professional association for PEG centers - the Alliance For Community Media. Ms. Riedel, with assistance from Dr. Orton, will review the existing PEG operations in the City and interview all key participates. Based on this input, review of the survey and focus group information and related information provided by the City, Ms. Riedel and Dr. Orton will draft written recommendations and options for the City's consideration. In particular Ms Riedel will conduct a thorough review of public access television and The Knowledge Network operations. Working with the access managers and staff, she will evaluate the following: • Organizational structure • Technical standards and capabilities of the PEG equipment • PEG budgets and expenditures • • Evaluation of staffing levels and management structure • Mission statements and potential partnerships • Current equipment recommendations to include replacement schedules and cost • Emerging technologies to include interactivity and virtual sets • Groups, businesses and individuals producing programming for access • Hours and types of programming • Current and future channel capacity need • Appropriateness of operating rules and procedures • Accessibility and service to the community • Use of remote drops and live feeds • Revenue sources • Other resources • Marketing strategies and community outreach • Areas for potential improvement in operations, facilities and service These reviews will be done in person at each of the access facilities. They will include onsite evaluations, detailed questionnaires, analysis of technical capabilities (to include plant, equipment lists, current and emerging technologies) and interviews with access personnel, CTAC members, department managers, community producers and other individuals or entities 36 ncil regarding presentations on the final needs assessment report and issues related to franchise negotiations and final work products. Ms. Riedel costs are built into her work on other tasks under the RFP scope of work. Total cost$8,230 - see Section F Pricing and Invoicing ' 35 e for an onsite consultation and presentation of results. All of this information will also be incorporated into the final needs assessment report. • 33 n Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i ,Moss & Barnett A Professional Association the City deems appropriate. Using what is learned in the course of the PEG access review, Ms. Riedel will provide the City with a range of options for PEG access administration going forward, whether through City staff, a nonprofit organization, private entity or ongoing cable company management. These options will provide detailed cost projections for facilities, staff and equipment, as well as management structure requirements. Total cost$8,375 - see Section F Pricing and Invoicing 9. Provide guidance on best methods of City administration of the franchise with emphasis on models used in other cities across the nation. Brian Grogan of Moss & Barnett has worked with hundreds of cities over the past twenty years • and witnessed all manner of franchise regulation. Mr. Grogan is prepared to review the current administration in the City and make honest, straight forward assessments of how the administration of franchises can be improved in the City or areas where the existing administrative processes may be appropriate as they exist today. Mr. Grogan will draw on the experience and expertise he has obtained from cities as large as Seattle or even the state of Connecticut to communities with a more limited staff where emphasis is placed on the most critical issues to be regulated. Total cost$4,080 - see Section F Pricing and Invoicing 10. Provide any other subsequently agreed upon input or assessments of potential improvements in cable television franchise regulation, monitoring, and administration. Moss & Barnett and the project team are prepared to address these issues as they may arise. It is common in renewal proceedings for issues not included in the scope of work to surface and we stand prepared to assist the City, as desired, to ensure that all relevant issues are addressed and incorporated into final recommendations presented to the City and its Council. Total cost$0 -to be agreed upon by parties per RFP 11. Provide a written report, including an executive summary, outlining the analysis, advice, and recommendations related to the Work Tasks. The report must include estimated cost impacts associated with the recommendations. A draft report must be submitted for review and comment by City staff and a final report shall be submitted after consideration of the comments. As described throughout this section, Moss & Bamett assembled its team with an eye toward providing the City with the best possible need assessment report on which to base its renewal negotiations. We have used needs reports in formal renewal proceedings and we are very familiar with the need to identify the costs associated with meeting any recommendations that may be included in the final report. It is easy to simply list all of the issues which be identified in the assessment process and recommend any final franchise contain such mandates. The 37 are built into her work on other tasks under the RFP scope of work. Total cost$8,230 - see Section F Pricing and Invoicing ' 35 e for an onsite consultation and presentation of results. All of this information will also be incorporated into the final needs assessment report. • 33 n Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 Moss & Barnett A Professional Association harder task is to actually analyze the costs of meeting the identified need and issuing recommendations that are not only supported by the community but realistic in their cost. Moss & Barnett's reputation is one of a firm that does not enter a project with a preconceived idea of what the City's needs should be. Rather we will review the data that arises during the assessment and then identify the supportable needs and the cost necessary to achieve those needs. While this may not result is giving every constituency exactly what they want, it will result in a final report that the City can effectively use in negotiations with Cox and Qwest or in a formal renewal proceeding, as may be necessary. As part of this task we propose two on-site meetings for report presentation as directed by the RFP. Total cost $12,500 - see Section.F Pricing and Invoicing 12. If a preliminary assessment is issued that one or more of the franchises should not be renewed, the consultant's participation in any subsequent administrative or judicial proceedings will be on terms agreed upon by the parties at that time. Moss & Barnett understands that a formal administrative hearing can only be assessed once it becomes clear what issues separate the parties. We concur that this task should be handled as stipulated by the City. Total cost $0 -to be agreed upon by parties per RFP Grand total fees/costs for project= $88,790 - see Section F Pricing and Invoicing *** Optional Franchise fee review. The City has indicated that it performed a franchise fee review in 2004/05 and determined that all franchise fees had been correctly paid. Despite this information we recommend that the City allow our expert to review the 2004/05 franchise fee report to determine if all appropriate revenue sources were in fact reviewed. In our experience it is rare that two operators would have clean results (e.g. no issues noted) during a franchise fee review. If we ascertain that the review conducted by the City may not have covered all issues, we may propose to conduct a more detailed review of franchise fee payments. This could represent a real opportunity to verify the accuracy of the franchise fees and could result in significant revenue returned to the City from under paid or under collected fees from one or both operators. Estimated cost for review of both Qwest and Cox- $10,000. 38 , Moss & Bamett assembled its team with an eye toward providing the City with the best possible need assessment report on which to base its renewal negotiations. We have used needs reports in formal renewal proceedings and we are very familiar with the need to identify the costs associated with meeting any recommendations that may be included in the final report. It is easy to simply list all of the issues which be identified in the assessment process and recommend any final franchise contain such mandates. The 37 are built into her work on other tasks under the RFP scope of work. Total cost$8,230 - see Section F Pricing and Invoicing ' 35 e for an onsite consultation and presentation of results. All of this information will also be incorporated into the final needs assessment report. • 33 n Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association F. PRICING AND INVOICING Moss & Barnett proposes a maximum fee of$88,790 that will cover the complete scope of the project and all tasks with the exception of tasks 10 and 12 where the City's RFP specifies that those issues require subsequent agreement between the parties. As required in the RFP, we have broken out the fees and costs for each task - summarized on the left hand margin. The fees are based upon the following hourly rates: Moss & Barnett- paralegal $120; associates $150, partner$225/senior partner$340 Dr. Barry Orton - $200 Bunnie Riedel -$125 Tom Wilson Group W - Flat fee - multiple staff involved in conducting telephone survey Scope of Work Tasks Team Member Hours Cost Out of Total pocket fees 1. Written Plan Grogan - 10 hrs $2,500 $750 $3,250 assistance @250 from team 2. Needs Assessment a. Assessment Orton 40 $8,000 $0 $0 Riedel 53 $6,625 $1,500 $8,125 Grogan 8 $2,720 $250 $2,970 b. Survey(400, 10-12 min.) Group W/Wilson Flat bid N/A N/A $11,500 3. Revise Franchise/Ordinance Grogan 12 $4080 $0 $4,080 4. Assist with Negotiations Grogan-team 60 $20,400 $1,200 $21,600 if needed 5. Technical Assistance Not bid -see n/a n/a n/a $0 Section E 6. Regulatory Guidance Grogan 12 $4,080 $0 $4,080 7. Meeting Attendance Grogan 22 $7,480 $750 $8,230 8. PEG Review B. Riedel 55 $6,875 $1,500 $8,375 9. City Administration Grogan 12 $4,080 $0 $4,080 10. Other Agreed upon Issues To be agreed n/a n/a n/a $0 upon 11. Written Report Orton 20 $4,000 $0 $4,000 Riedel Included Group W Included Grogan 25 $8,500 $8,500 12. Administrative Hearing To be agreed n/a $0 Grand Total: $88,790 39 ccuracy of the franchise fees and could result in significant revenue returned to the City from under paid or under collected fees from one or both operators. Estimated cost for review of both Qwest and Cox- $10,000. 38 , Moss & Bamett assembled its team with an eye toward providing the City with the best possible need assessment report on which to base its renewal negotiations. We have used needs reports in formal renewal proceedings and we are very familiar with the need to identify the costs associated with meeting any recommendations that may be included in the final report. It is easy to simply list all of the issues which be identified in the assessment process and recommend any final franchise contain such mandates. The 37 are built into her work on other tasks under the RFP scope of work. Total cost$8,230 - see Section F Pricing and Invoicing ' 35 e for an onsite consultation and presentation of results. All of this information will also be incorporated into the final needs assessment report. • 33 n Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association Billing - Invoicing Moss and Barnett submits invoices on a monthly basis following completion of work. Our billing format complies with all specification required by the City in the RFP. Original copies on receipts will be provided and costs will be pre-approved if desired by the City. We will bill for the survey in two parts with half paid up front and the balance due upon completion of the survey review and analysis. 40 , Deputy Commissioner Cable Enforcement Division City of Chicago Dept. of Consumer Services 33 N. LaSalle St. Chicago, IL 60602 Phone: (312) 744-4087 Email: mailto:imcvaneecitvofchicago.ora 30 State Bar Associations. • 11 , Mike Fahey, Mayo City of Omaha PILAW-CITY COUNCIL DOCUMENTS\2009\30066d1m �•••• Moss & Barnett A Professional Association G. TIME LINE The current franchises expire September 3, 2010, and September 3, 2011 respectively. The firm receiving the award is expected to begin service in May, 2009, (or at another agreed-upon time) and finish 16 months later - before September 3, 2010. Based upon this information we anticipate following the City recommendation and soliciting public input during June, July, and August, 2009. During the same time period we expect to complete the survey and related public forum meetings. This will allow for drafting of the relevant reports in September/October 2009 with a goal of completing all assessment work no later than December 15 2009. This will allow the City to commence negotiations with both Qwest and Cox in early 2010 and allow nine months to complete negotiations or use the assessment to move forward in a formal renewal process. • 41 from team 2. Needs Assessment a. Assessment Orton 40 $8,000 $0 $0 Riedel 53 $6,625 $1,500 $8,125 Grogan 8 $2,720 $250 $2,970 b. Survey(400, 10-12 min.) Group W/Wilson Flat bid N/A N/A $11,500 3. Revise Franchise/Ordinance Grogan 12 $4080 $0 $4,080 4. Assist with Negotiations Grogan-team 60 $20,400 $1,200 $21,600 if needed 5. Technical Assistance Not bid -see n/a n/a n/a $0 Section E 6. Regulatory Guidance Grogan 12 $4,080 $0 $4,080 7. Meeting Attendance Grogan 22 $7,480 $750 $8,230 8. PEG Review B. Riedel 55 $6,875 $1,500 $8,375 9. City Administration Grogan 12 $4,080 $0 $4,080 10. Other Agreed upon Issues To be agreed n/a n/a n/a $0 upon 11. Written Report Orton 20 $4,000 $0 $4,000 Riedel Included Group W Included Grogan 25 $8,500 $8,500 12. Administrative Hearing To be agreed n/a $0 Grand Total: $88,790 39 ccuracy of the franchise fees and could result in significant revenue returned to the City from under paid or under collected fees from one or both operators. Estimated cost for review of both Qwest and Cox- $10,000. 38 , Moss & Bamett assembled its team with an eye toward providing the City with the best possible need assessment report on which to base its renewal negotiations. We have used needs reports in formal renewal proceedings and we are very familiar with the need to identify the costs associated with meeting any recommendations that may be included in the final report. It is easy to simply list all of the issues which be identified in the assessment process and recommend any final franchise contain such mandates. The 37 are built into her work on other tasks under the RFP scope of work. Total cost$8,230 - see Section F Pricing and Invoicing ' 35 e for an onsite consultation and presentation of results. All of this information will also be incorporated into the final needs assessment report. • 33 n Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 ••i•i Moss & Barnett A Professional Association H. Execution On behalf of Moss & Barnett, a Professional Association I hereby submit this proposal to the City of Omaha Nebraska and agree to honor these pricing contained herein for a minimum of 90 days from April 8, 2009 as required by the RFP and the proposed rates will stay in effect throughout the award of any contract. If the City should have any questions please feel free to contact me. MOSS & BARNETT A Professional Association Dated: April 6, 2009 By: 17z///(,Givt Brian T. Grogan, Esq. Partner and Director 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-4129 Telephone: (612) 877-5340 Telecopier: (612) 877-5999 42 OUNCIL DOCUMENTS\2009\30066d1m • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the City of Omaha has awarded Cox Communications Omaha,LLC, ("Cox") and Qwest Broadband Services,Inc.,("Qwest)franchises to operate cable television systems within the City; and, WHEREAS,the franchises expire in 2011 and 2010,respectively,and both Cox and Qwest have exercised their right to commence proceedings to renew their franchises,including proceedings specified by law to identify the cable-related community needs and interests and to review the performances under the franchises; and, WHEREAS,the City of Omaha has received proposals to contract for professional services to assist in conducting the proceedings and negotiating the terms of franchise renewal as shown on the attached bid sheet; and, WHEREAS, a committee appointed by the Council President recommends that the City contract with the law firm of Moss & Barnett from Minneapolis, Minnesota, to provide these professional services as specified in the attached Agreement. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the City Council does hereby approve the attached Agreement with Moss&Barnett, of Minneapolis,Minnesota,to provide professional services during proceedings to consider renewing the cable television franchises held by Cox Communications Omaha, LLC, and Qwest Broadband Services,Inc., such services to be performed as provided for in the Agreement in an amount not to exceed $94,540.00. BE IT FURTHER RESOLVED: THAT,$19,540 of the costs of this contract shall be paid from the 2009 1 1 1 1 1 General Fund, account no. 119014,General Expense organization,and the remaining amount of$75,000.00 shall be By Councilmember Adopted City Clerk Approved Mayor 0. Other Agreed upon Issues To be agreed n/a n/a n/a $0 upon 11. Written Report Orton 20 $4,000 $0 $4,000 Riedel Included Group W Included Grogan 25 $8,500 $8,500 12. Administrative Hearing To be agreed n/a $0 Grand Total: $88,790 39 ccuracy of the franchise fees and could result in significant revenue returned to the City from under paid or under collected fees from one or both operators. Estimated cost for review of both Qwest and Cox- $10,000. 38 , Moss & Bamett assembled its team with an eye toward providing the City with the best possible need assessment report on which to base its renewal negotiations. We have used needs reports in formal renewal proceedings and we are very familiar with the need to identify the costs associated with meeting any recommendations that may be included in the final report. It is easy to simply list all of the issues which be identified in the assessment process and recommend any final franchise contain such mandates. The 37 are built into her work on other tasks under the RFP scope of work. Total cost$8,230 - see Section F Pricing and Invoicing ' 35 e for an onsite consultation and presentation of results. All of this information will also be incorporated into the final needs assessment report. • 33 n Institute of Certified 10 en Lake Township Wisconsin Utility Control Hopkins Long Lake Township Durham Champaign Inver Grove Hts Derby Peninsula Township Beloit Derb Easton Decatur lsanti Traverse City Boscobel East Granby Farmer City Ivanhoe Missouri Brookfield East Haven Lake County Jordan Carson East Have Loves Park Lake City Liberty Eau Claire • Lyme East Windsor Macon County Lakeville Moberly Hull Enfield Marseilles Le Sueur Montana Kenosha Essex Oak Park Lilydale Missoula VnwOOd Fairfield Ottawa Farmington Stockton Luveme Nebraska Menomonee Falls Sullivan Mankato Mequon Franklin Urbana Marshall Grand Island Granby Hastings Milwaukee Girswold Indiana Mazeppa Kearney New Richmond Melrose Oshkosh Greenwich Lake County Mendota North Platte Groton Richmond Ogallala Park Falls Guilford Iowa Mendota Hts Sidney Park Ridge Milaca Haddam Wilber Plover Minneapolis Sharon Hamden Asbury Nevada Hartland Bellevue Minneota Stevens Pt. City CarrollllevMinnetonka Carson City Stockton Ki Jewetteorth Cedar Falls Montevideo Las Vegas Superior Killingly Centerville Mora North Carolina Walworth Ledyard Coralville Mound Waukesha Lisbon Des Moines New Prague Caldwell County Wausau Madison Maquoketa North Mankato Fayetteville Whiting Oak Grove Greensboro Wisconsin Rapids Middlebury Onawauo Milford Orange City OliviaHudson Montville Sigoumey Park Rapids Lenoir . Naugatuck Spencer Paynesville Sawmills Pine City North Dakota 7 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 paid from the 2009 11111 General Fund,account no.54336,Miscellaneous Revenue,which contains moneys that were set aside for this specific purpose from payments made by one of the. cable television franchisees. AP VED AS TO FORM: aZ 3:27- 07 DEPUTY CIT AT EY Date P\LAW-CITY COUNCIL DOCUMENTS\2009\40004kam By 104°01 Lad"' Councilmember Adopted........:,:14UN — 2 2n09 City Clerkly/•f d 9 Approved �'1"'zfo.r Mayor Brian T. Grogan, Esq. Partner and Director 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-4129 Telephone: (612) 877-5340 Telecopier: (612) 877-5999 42 OUNCIL DOCUMENTS\2009\30066d1m xosr' O. ' 52.o o b�. R 0 kAo �D �-t O, J ° nnT CD r " ~'' o V' • 0 th 11 n pz r b 0 O ara n' � a O CD ff ?r Z kCD: P i2 .-P- /-, 0-P 0 Fo- li-a" Z-5 *-4' N., \ t N °I. � � � E\ o .O . 05 o `� • o Q- o C.rs w `� Q.. O `� 'S C.0; O O N n -, C1. 0O . v' . v 8 CD vv) OCD CO CD CD R°t • . (n 90 South Seventh Street Minneapolis, MN 55402-4129 Telephone: (612) 877-5340 Telecopier: (612) 877-5999 42 OUNCIL DOCUMENTS\2009\30066d1m