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HomeMy WebLinkAboutR-99-0672J-99-762 9/21/99 RESOLUTION NO. w V 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 ALL LEGAL, CONSULTING, ADVICE, ANALYSIS, COUNSEL AND RELATED SERVICES REGARDING ALL CABLE TELEVISION ISSUES AFFECTING THE CITY OF MIAMI, INCLUDING PREPARATION, REVIEW AND COUNSEL RELATING TO ALL NECESSARY ORDINANCES AND AGREEMENTS, WITH RESPECT TO TCI, AT&T OR MEDIAONE, PARENT COMPANIES, OR SUBSIDIARIES/AFFILIATES CONTROLLED BY THEM (THE "PRESENT PARTIES"), CONCERNING AND UNTIL THE SUCCESSFUL COMPLETION OF THE ONGOING CABLE TELEVISION LICENSE INFORMAL RENEWAL PROCESS, BUT EXCLUDING THEREFROM FEES AND COSTS FOR LITIGATION AND ADMINISTRATIVE HEARINGS OR APPEALS, IF ANY, AND ANY NEW MATTERS, OR MATTERS RELATING TO A NEW PARTY IN WHOLE OR IN PART; ALLOCATING FUNDS THEREFOR, FOR A TOTAL AMOUNT NOT TO EXCEED AN ADDITIONAL $50,000, FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 920205-250, FOR SAID SERVICES. 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 City Commission adopted Resolution No. 97-758.1 on October 28, 1997, CITY C01SION MEETING OF, S E P 2 1 1999 Resolution No. de l-- 0f� continuing services in an amount not to exceed $35,000; and WHEREAS, pursuant to Resolution No. 98-351, adopted April 14, 1998, the City Commission authorized additional services from the Consultant in an amount not to exceed $100,000 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 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, pursuant to Resolution No. 99-377, adopted June 8, 1999, the City Commission authorized additional services from the Consultant in an amount not to exceed $65,000; and WHEREAS, the City has been notified by Leibowitz and Associates, P.A. that additional funds, for a total amount not to exceed an additional $50,000, will be required for Consultant to continue providing legal, consulting, advice, analysis, counsel and related services regarding cable television issues affecting the City, as more particularly set forth herein below; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY 2 - •e, 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 all legal, consulting, advice, analysis, counsel and related services regarding all cable television issues affecting the City of Miami, including preparation, review and counsel relating to all necessary ordinances and agreements, with respect to TCI, AT&T or MediaOne, parent companies, or subsidiaries/affiliates controlled by them (the "Present Parties"), concerning and until the successful completion of the ongoing cable television license informal renewal process, but excluding therefrom fees and costs for litigation and administrative hearings or appeals, if any, and any new matters, or matters relating to a new party in whole or in part, with funds therefor, for a total amount not to exceed an additional $50,000, hereby allocated from Special Programs and Accounts, Account Code No. 920205-250, for said services. Section 3. This Resolution shall become effective - 3 - -672 immediately upon its adoption and signature of the Mayoril. PASSED AND ADOPTED this 21st day of September , 1999• JOE CAROLLO, MAYOR In accordance with Miami C this legislation by sic^. becomes effective ►soarfg same, without the mayu; ATTEST: l YV ter .Foe n, City Clerlt���T WALTER J. FQ-1 V CITY CLE APPROXD AS, FQP'1M CORRECTNESS C 29:YMT:BSS it 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. 4 - e) �) i 4o