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HomeMy WebLinkAboutR-99-03774 \.- J-99-475 5/26/99 RESOLUTION NO. 9 "' 377 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO CONTINUE THE ENGAGEMENT OF THE LAW FIRM OF LEIBOWITZ AND ASSOCIATES, P.A., AS OUTSIDE COUNSEL TO PROVIDE ADVICE, ANALYSIS, COUNSEL AND RELATED SERVICES REGARDING: 1) THE CITY OF MIAMI'S EXISTING CABLE TELEVISION LICENSE AGREEMENT AND FRANCHISE RENEWAL WITH TCI, 2) MATTERS RELATING TO THE PROPOSED ACQUISITION OF MEDIAONE BY AT&T, AND 3) MATTERS RELATING TO THE PROPOSED TRANSFER OF THE CABLE TELEVISION SYSTEM FROM TCI TO MEDIAONE OR RELATED MATTERS THEREOF; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $65,000 FOR SAID SERVICES FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 920205-250. WHEREAS, the law firm of Leibowitz and Associates, P.A. ("Consultant") was retained pursuant to Resolution No. 95-744 to provide advice, analysis and counsel to the City of Miami regarding the existing cable television license agreement and franchise renewal, in an amount not to exceed $100,000; and WHEREAS, upon depletion of the above funds, the Miami City Commission adopted Resolution No. 97-758.1 on October 28, 1997, continuing services in an amount not to exceed $35,000; and WHEREAS, pursuant to Resolution No. 98-351, adopted April 14, 1998, the Miami City Commission authorized additional services from the Consultant in an amount not to exceed $100,000 cm conmsjox DMTTING OF, JU N 9 1 1999 Resolution No. 9 9 - 377 and acknowledged the $35,000 previously approved, for a total expenditure not to exceed $135,000; and WHEREAS, pursuant to Resolution No. 99-41, adopted January 12, 1999, the Miami City Commission authorized additional services from the Consultant in an amount not to exceed $100,000; and WHEREAS, the total sum paid to consultant as of May 1999 is $335,000; and WHEREAS, the City has been notified by Leibowitz and Associates, P.A. that additional funds, in an amount not to exceed $65,000, will be required to handle the legal matters pertaining to the renewal of the cable television franchise, applicable pending acquisitions, mergers, and/or transfers, and other related matters; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to continue the engagement of the law firm of Leibowitz and Associates, P.A., as outside counsel to provide advice, analysis, counsel and related services regarding: 1) the City of Miami's existing cable television license agreement and franchise renewal with TCI, 2) matters relating to the proposed acquisition of MediaOne by AT&T, and 3) matters relating to the proposed - 2 - 99- 3r7 I _ 1 transfer of the cable television system from TCI to MediaOne or related matters thereof, with funds therefor hereby allocated, in an amount not to exceed $65,000 for said services, from Account Code No. 920205-250. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayorl�. PASSED AND ADOPTED this 8th day of June 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since ti Mayor did not indicate approvcl of this legislation by signing it in the designate ace provided, said !egis1a1;- " . Ov; becomes effective with the elapse of to k 0) s fr the date of C issic:n a';Ubr. regarding same, without the M4r ex cis ATTEST: WALTER J. FOEMAN CITY CLERK CTNESS :�/ C ATTORNEY W3489:RCL J. F,Aman, City �i 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. - 3 - l4,. 9 9 - 377 T CITY OF MIAMI, FLORIDA 20 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE: I`j� 2 FILE of the City Commission SUBJECT: Discussion Concerning the Legal Services of Leibowitz & Assoc., P.A. FROM : Donald H. Warshaw REFERENCES: City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission consider whether to authorize the City Attorney to continue the engagement of the law firm of Leibowitz and Associates, P.A., as outside counsel, to provide advice, analyses, counsel, and related services regarding the City of Miami's existing cable television license agreement and franchise renewal with TCI, matters relating to the proposed acquisition of MediaOne by AT&T and matters relating to the proposed transfer of the cable television system from TCI to MediaOne or related matters in a total amount not to exceed $65,000. Funds are to be allocated from account code 920205-250. BACKGROUND: Leibowitz and Associates, P.A., was originally retained to provide advice, analyses, and counsel to the City of Miami regarding the existing cable television license agreement and franchise renewal in an amount not to exceed $100,000 in accordance with Resolution No. 95-744. Upon depletion of these funds, the Miami City Commission adopted Resolution No. 97-758.1 on October 28, 1997, continuing the Consultant services, as requested in writing by the City from time to time, in an amount not to exceed $35,000. On April 14, 1998, the Miami City Commission approved Resolution No. 98-351 authorizing additional services from the Consultant in an amount not to exceed $100,000 and acknowledging the $35,000 previously approved, for a total expenditure not to exceed $135,000. On January 12, 1999, the Miami City Commission approved Resolution No. 99-41 authorizing additional services from the Consultant in an amount not to exceed $100,000. The City has received notification from the law firm of Leibowitz and Assoc., P.A. that additional funds, in an amount not to exceed $65,000, will be needed to handle the legal matters pertaining to the renewal of the cable television franchise, applicable pending acquisitions, mergers, and/or transfers, and other related matters. DHW/BWH/AGS/ecb qW CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Judy Carter DATE: May 10, 1999 FILE Director Purchasing SUBJECT: Resolution Authorizing the Legal Services of Leibowitz and Assoc., P.A. FROM: Aldo Stancato REFERENCES: Director ENCLOSURES: Information Technology Leibowitz and Associates, P.A., was originally retained to provide advice, analyses, and counsel to the City of Miami regarding the existing cable television license agreement and franchise renewal in an amount not to exceed $100,000 in accordance with Resolution No. 95-744. Upon depletion of these funds, the Miami City Commission adopted Resolution No. 97-758.1 on October 28, 1997, continuing the Consultant services, as requested in writing by the City from time to time, in an amount not to exceed $35,000. On April 14, 1998, the Miami City Commission approved Resolution No. 98-351 authorizing additional services from the Consultant in an amount not to exceed $100,000 and acknowledging the $35,000 previously approved, for a total expenditure not to exceed $135,000. On January 12, 1999, the Miami City Commission approved Resolution No. 99-41 authorizing additional services from the Consultant in an amount not to exceed $100,000. The City has received notification from the law firm of Leibowitz and Assoc., P.A. that additional funds, in an amount not to exceed $65,000, will be needed to handle the legal matters pertaining to the renewal of the cable television franchise, applicable pending acquisitions, mergers, and/or transfers, and other related matters. This department has verified with the Department of Budget that funds are available to cover the cost of continuing the contract with Leibowitz and Assoc., P.A. in the proposed amount of $65,000. Funds are to be allocated from account code 920205-250 AG%/ecb BUDGET REVIEWED AND APPROVED BY: I Luie Brenn , cting Director Department of Budget 99-- 0 C c