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Approving the Retainer Agreement between the City and Brian T. Grogan and his firm Moss & Barnett as special counsel representing the City for its upcoming Comcast cable-franchise negotiations.
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WHEREAS, City and Brian T. Grogan and his firm, Moss & Barnett, entered into an Agreement for Brian T. Grogan and Moss & Barnett to provide the City with advice and assistance in administering and enforcing the City’s cable television franchises and communication-related issues, and assistance and advice regarding the effect federal laws and regulations and legislation have upon these issues including with respect to the City’s authority to regulate providers of communication services, protect its interests in public property, and ensure that the City and its citizens have affordable access to advanced services whether publicly or privately provided, as well as in assessing the effects of convergence and competition; and
WHEREAS, the City’s current franchise agreement for cable services with Comcast is set to expire on June 30, 2025; and
WHEREAS, on August 17, 2022, the Saint Paul City Council passed Resolution 22-1235 requesting City staff to take all actions necessary to retain the services of Brian T. Grogan and his firm Moss & Barnett in connection with the 2016 Agreement to represent the City in the upcoming Comcast cable-franchise negotiations; now therefore,
BE IT RESOLVED, the Council of the City of Saint Paul, upon request of the City Attorney, appoints Brian T. Grogan and his firm Moss & Barnett for the purposes of providing legal advice, assistance, and representation to the City of Saint Paul in its upcoming cable-franchise negotiations in connection with the parties’ 2016 Agreement, City Council Resolution 22-1235, and a 2023 Retainer Agreement between the City of Saint Paul and Brian T. Grogan and his firm Moss & Barnett; and be it
FURTHER RESOLVED, that the compensation to be paid for the services of said special counsel shall be in accordance with the City Attorney Fee Policy established for the appointments of all such special counsel now and in the future; the total fees to be paid to said special counsel shall be in accord with such policy and will not exceed $410.00 per hour with a total cap on fees not to exceed $30,000; and all fees shall be reasonable and shall take into account the factors listed in Rule 1.5 of the Rules of Professional Conduct.