HomeMy WebLinkAboutR-99-03774
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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
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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.
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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
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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
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BUDGET REVIEWED AND APPROVED BY:
I
Luie Brenn , cting Director
Department of Budget
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