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HomeMy WebLinkAboutR-02-0568J-02-296 5/14/02 RESOLUTION NO. " -5 G A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE LAW FIRM OF LEIBOWITZ AND ASSOCIATES INC., TO PROVIDE LEGAL SERVICES REGARDING (A) THE CURRENT CABLE TELEVISION LICENSEE'S TRANSFER OF PARENT ENTITIES FROM AT&T TO COMCAST, (B) THE IMPOSITION AND COLLECTION OF FINES ASSOCIATED WITH THE SYSTEM REBUILD BY THE CURRENT CABLE TELEVISION LICENSEE, AND (C) RESOLUTION OF EXISTING CUSTOMER SERVICE VIOLATIONS, WITH LEGAL FEES CAPPED AT $60,000.00 FOR ALL OF THE FOREGOING SERVICES; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $60,000, FOR SAID LEGAL SERVICES FROM ACCOUNT CODE NO. 001000.920205.6.250. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is authorized to engage the law firm of Leibowitz and Associates, Inc., to provide legal services, regarding (a) the current cable television licensee's transfer of parent entities from AT&T to COMCAST, (b) the imposition and collection of fines associated with the system rebuild by the current cable television licensee, and (c) resolution of existing customer service violations, with legal fees capped at $60,000.00 for all of the foregoing CITY COMMISSION MEETING 6F MA',-! " 31 2002 Hesolwion Ko. ©2- 568 services with funds, in an amount not to exceed $60,000,00 allocated from Account Code No. 001000.920205.6.250. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor." PASSED AND ADOPTED this 23rd day of May , 2002. ATTEST: PRISCILLA A. THOMPS CITY CLERK 3: (/ 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 02- 568 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Marcelo Penha, Acting Director, Department of Management and Budget FROM: Maria J. Chiaro, Assistant City Attorney/ DATE: May 15, 2002 RE: Financial review and approval for payment of legal services related to cable system: Leibowitz and Associates, Inc. for transfer of AT&T to COMCAST and imposition and collection of fines (J-02-296) Attached is a copy of a Resolution scheduled for the City Commission Agenda of May 23, 2002, authorizing the City Attorney to engage the law firm of Leibowitz and Associates, Inc., to provide legal services regarding (a) the current cable television licensee's transfer of parent entities from AT&T to COMCAST, (b) the imposition and collection of fines associated with the system rebuild by the current cable television licensee, and (c) resolution of existing customer service violations, with legal fees capped at $60,000.00. Funds for these legal services are available from Account Code No. 001000.920205.6.250. Please indicate your review and approval by affixing your signature and returning this original memorandum to Beverly Solomon, Administrative Assistant II, of this office as soon as possible. REVIEW AND APPROVAL BY THE DEPARTMENT OF MANAGEMENT AND BUDGET: MARCELO PENHA ACTING DIRECTOR W709:BSS 02- 568 CITY OF MIAMI CA=8 CITY ATTORNEY'S OFFICE - MEMORANIV50 - TO: Mayor and Members of FROM: Alejandro Vilarello, t DATE: May 15, 2002 RE: For City Commissio eeting-May 23, 2002 Resolution to Eng e the Law .Firm of Leibowitz and Associates Inc., to provide legal services re ding specific AT&T Cable Television pending issues. (J-02-296) The attached resolution authorizes the City Attorney's engagement of the Law Firm of Leibowitz and Associates, Inc., (The "Firm") to provide legal services regarding specified AT&T Cable Television pending issues listed below. The Firm will provide all necessary legal services to conclude the specific pending legal issues in an amount not to exceed $60,000.00. AT&T failed to timely complete the Rebuild of the City of Miami Cable Television System in October 2001 as required by its License Agreement with the City. Also, AT&T has failed to comply with certain Customer Service Requirements of the Agreement and most recently has requested a transfer of their license to COMCAST. The Firm was key in the negotiation and drafting of the License Agreement and is prepared to provide all necessary legal services to conclude and resolve the aforementioned pending issues at a capped fee. Funds for the services are available from Account Code No. 001000.920205.6.250. FISCAL IMPACT: An amount not to exceed $60,000.00, will be allocated from Account Code No. 001000.920205.6.250. W710:YMT:BSS Attachments Carlos A. Gimenez, City Manager Elvi G. Alonso, Agenda Coordinator 62- 568