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HomeMy WebLinkAboutR-98-0351J-98-412 4/10/98 RESOLUTION NO. 9 v 351 A RESOLUTION, WITH ATTACHMENT, 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, AND RELATED SERVICES REGARDING THE CITY OF MIAMI'S EXISTING CABLE TELEVISION LICENSE AGREEMENT AND ANY RENEWAL, MODIFICATION, TRANSFER, OR RELATED MATTERS THEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID LAW FIRM, IN A TOTAL AMOUNT NOT TO EXCEED $135,000, WHICH INCLUDES $35,000 PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 97-758.1, ADOPTED OCTOBER 28, 1997; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 921002-270. WHEREAS, the law firm of Leibowitz and Associates, P.A. ("Consultant") was originally retained to provide advice, analysis, and counsel to the city regarding the existing cable television license agreement and franchise renewal in an amount not to exceed $100,000 pursuant to Resolution No. 95-744; and WHEREAS, in light of the fact that the above mentioned funds had been fully expended, on October 28, 1997, by virtue of Resolution No. 97-758.1, the Miami City Commission authorized additional services with the Consultant in an amount not to exceed $35,000 to provide continuing consultant services as requested in writing by the City, from time to time; and ATTACHMENT (S) =T;CONTAINED CITY COIF MEETING OF APR 14 1998 ResobAWn Hm 98 351 WHEREAS, the city has requested, and the Consultant has agreed to expand the scope of Consultant services to be provided during the upcoming 18 months for an additional fee in an amount not to exceed $100,000; and WHEREAS, the city and Consultant desire to enter into an Agreement for Consultant services with a total fee not to exceed $135,000, which amount includes the $35,000 previously approved pursuant to Resolution No. 97-758.1, adopted October 28, 1997; 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 Attorney is hereby authorized to continue the engagement of the law firm of Leibowitz and Associates, P.A., as outside counsel, to provide advice, analysis and related services regarding the City of Miami's existing cable television license agreement and any renewal, modification, transfer, or related matters thereof. Section 3. The City Manager is hereby authorized to execute an Agreement, in substantially the attached form, with the said law firm , in the total amount not to exceed $135,000, which includes $35,000 previously approved pursuant to Resolution No. 97- 758.1, adopted October 28, 1997, with funds therefor hereby allocated from Special Programs and Accounts, Account Code No. 921002-270. Section 4 This Resolution shall become effective immediately upon its adoption. 9 8 - 3 5d PASSED AND ADOPTED this 14th day of April , 1998. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN, CITY CLERK PREPARED ANDAPPROVED BY: YAM14 TRfeHY ASSISTA CIT ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: a f� :L EDWARD MA ELL ERIM CITY ATTORNEY 2450:csk:YMT In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation nova becomes effective with the elapse of ten (10) days from the date of Co issicn action regarding same, without the Mayo exer isi eto W Iter . i= Van, City Clerk 3 98- 3bi AGREEMENT BETWEEN CITY OF MIAMI AND LEIBOWITZ & ASSOCIATES. P.A. RELATING TO OUTSIDE LEGAL CONSULTING SERVICES IN THE AREA OF CABLE TELEVISION This Agreement is between the City of Miami, Florida, a municipal corporation organized and existing under the laws of the State of Florida its successors and assigns, hereinafter referred to as "CITY"; AND LEIBOWITZ & ASSOCIATES, P.A., SunTrust International Center, One Southeast 3'd Avenue, Suite 1450, Miami, Florida, 33131, hereinafter referred to as "CONSULTANT" WITNESSETH: WHEREAS, by virtue of Resolution No. 95-744, CONSULTANT was originally retained to provide advise, analysis, and counsel to the CITY regarding existing cable television license agreement and franchise renewal, in an amount not to exceed $100,000.00; and WHEREAS, in light of the fact that the above mentioned funds had been fully expended, on October 28, 1997, by virtue of Resolution No. 97-758.1, the City Commission of CITY authorized additional services with CONSULTANT in an amount not to exceed $35,000.00 to provide continuing CONSULTANT services as requested in writing by the CITY, from time to time; and WHEREAS, CITY has requested and CONSULTANT has agreed to expand the scope of CONSULTANT services to be provided during the upcoming 18 months for an additional fee amount not to exceed $100,000.00; and WHEREAS, CITY and CONSULTANT desire to enter into an agreement for CONSULTANT services with a total fee amount not to exceed $135,000.00, which amount includes the $35,000.00 previously approved by Resolution No. 97-758.1 adopted October 28, 1997; 98-- 3bi NOW, THEREFORE, IN CONSIDERATION of the promises and mutual covenants hereinafter contained, the parties do agree as follows: 1. The above recitals are true and correct and incorporated herein by this reference. 2. Representation of Expertise: CONSULTANT hereby represents to CITY, knowing CITY is relying on same when entering into this agreement, that CONSULTANT has the necessary expertise in general communication and cable television matters at federal, state and local level, including but not limited to, cable television franchises, renewals, modifications, transfers and franchise compliance. 3. Legal Services: CONSULTANT hereby agrees to provide the following services excluding litigation upon the written request(s) of the city manager or designee, from time to time, in exchange for the consideration set forth in paragraph 5 herein below: • Document Analysis. Review and provide written analysis, including but limited to, recommendations and suggestions of alternative provisions intended to achieve the desired intent of proposed changes to the CITY's cable television franchise ordinance, agreement and related materials submitted to CONSULTANT. • Technical Legal Questions. Review and provide written response to written requests for technical legal assistance concerning cable television matters, including but not limited to, franchise renewal and transfer inquiries. • Negotiations. Attend meetings between CITY and cable operators and otherwise provide services to facilitate negotiations with respect to franchise compliance, renewals and transfers. • Legal Assistance. Assist CITY with proceedings with respect to cable operator noncompliance with CITY ordinances and cable franchise. 4. Additional Legal Services: CONSULTANT hereby agrees to provide to CITY at a pro rata charge not to exceed $2,000.00 during the term of this agreement the following services: • Provide copies of newsletters, informal updates, other memoranda and documents produced or provided by CONSULTANT to clients concerning cable television matters, including but not limited to, recent developments, new legislation, regulations, and opinions. • To alert the CITY to any new requirements imposed on municipalities concerning cable television matters, including but not limited to, federal and state legislation, rules and regulations. dl:LeibowitzCableTV.doc 2 A97-756(4/09/98) J o 5. Compensation: CONSULTANT shall be paid by CITY in the manner set forth herein an amount not to exceed $135,000.00 for all services, costs and expenses provided under the terms of this agreement, including the $2,000.00 for the services described in Paragraph 4. The foregoing CONSULTANT fees shall be paid in an amount not to exceed $60,000.00 between April and September 1998 and in amount not to exceed $75,000.00 between October 1998 and September 30, 1999. (a) At the option of the CITY, CONSULTANT fees for services described in Paragraph 3 shall be based on either: (1) the hourly billing rates for individual attorneys at the firm as set forth below, upon receipt of proper itemized invoice. Rates listed below for individual attorneys include secretarial and other miscellaneous costs associated therewith, or • Matthew L. Leibowitz $385.00 per hour • Joseph A. Belisle $295.00 per hour • Ila L. Feld $200.00 per hour • Allison Hift $150.00 per hour • Paralegal, Senior $ 8 5. 00 per hour • Paralegal; Jr. $ 65.00 per hour (2) At the blended hourly rate of $200.00 per hour for all attorney time, upon receipt of itemized invoice, (b) Billing Practices: (1) CONSULTANT shall be entitled to payment of all out of pocket expenses and reimbursements including without limitation, travel outside of Dade County, long distance telephone calls, air express charges, printing and hand -delivery. Photocopies are billed at the rate of twenty-five cents (0.25) per copy and facsimile transmissions are billed at two dollars ($2.00) per page. Retaining of outside professionals, including but not limited to, accountants and engineers incurred as a result of the above referenced services, shall be approved by the City prior to being incurred and shall be billed to the City at cost. (2) CONSULTANT shall bill the City on a monthly basis for work performed and costs incurred. Each statement will reflect services rendered through the 251h day of the month. All sums due for costs incurred are due and payable upon receipt of CONSULTANT'S invoice and shall accrue interest if outstanding. All sums due for services performed will be billed monthly. A late charge of 1-1/2% per month will be charged on amounts due and payable for more than 30 days. d1:LeibowitzCab1eTV.dm 3 A97-756(4/09/98) g 8 - 3 51 (3) If any statement is not paid within 60 days, CONSULTANT reserves the right to discontinue legal services. However, CONSULTANT will not discontinue services without giving the CITY prior notice, suggesting employment of other counsel, allowing reasonable time to employ other counsel, delivering all papers and property to which 'the CITY is entitled and which CONSULTANT is obligated to deliver, and cooperating with counsel subsequently employed to ensure that the CITY's interest will not be prejudiced by the discontinuance. If necessary, CONSULTANT will employ collection services to ensure payment of overdue accounts, and any action shall be litigated exclusively in the appropriate state court having subject matter jurisdiction, and venue shall be in Miami, Dade County, Florida 6. Term/Termination: This agreement shall end September 30, 1999 unless terminated sooner by either party. The CITY shall have the right to terminate this agreement, in its sole discretion, at any time, by giving written notice to Provider at least five (5) business days prior to the effective date of such termination. In such event, the CITY shall pay to CONSULTANT compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the CITY be liable to CONSULTANT for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 7. Assignment: This agreement shall not be assigned by CONSULTANT, in whole or in part, without the prior written consent of the CITY, which may be withheld or conditioned, in the CITY' S sole discretion. 8. Entire Agreement. Amendments: This agreement sets forth the entire understanding between the parties. This agreement may not be amended without both parties executing an amendment of equal dignity. 9. Approval By The Oversight Board: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this agreement by the City Manager shall constitute evidence of its approval by the Oversight Board. d1:I.eibowitzCableTV.doc 4 A97-756(4/09/98) 9 Q - 3 j 1 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: City signing by and through its City Manager, duly authorized to execute same, and Leibowitz & Associates, P.A. signing by and through , duly authorized to execute same. ATTEST: WALTER J. FOEMAN City Clerk (Official Seal) APPROVED AS TO FORM AND CORRECTNESS: JOEL EDWARD MAXWELL Interim City Attorney WITNESSES: CITY OF MIAMI, a Municipal Corporation of the State of Florida Lo JOSE GARCIA-PEDROSA City Manager LEIBOWITZ & ASSOCIATES, P.A. Name d1:LeibowitzCab1eTV.doc 5 A97-756(4/09l98) 98- 3b"1 STATE OF FLORIDA ) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of 1998, by as on behalf of the CONSULTANT. He/she is personally known to me or has produced as identification and did (did not) take an oath. Name: Notary Public -State of Florida Commission No: My Commission Expires: d1: UibowitzCableTV.doc A97-756(4/09/98) V 8_ 351 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and Members of the City Commission FROM Pedrosa Manager RECOMMENDATION: DATE : April 7, 1998 SUBJECT : Resolution Authorizing the Legal Services of Leibowitz & Assoc., P.A. REFERENCES: ENCLOSURES: FILE : It is respectfully recommended that the City Commission authorize the City Attorney's engagement of the law firm of Leibowitz and Associates, P.A., to provide advice, analysis, counsel, and other related services regarding the City of Miami's existing cable television license agreement and any renewal, modification, transfer, or related matters. Funds in an amount not to exceed $135,000 are to be allocated from account code 001000.921002.6.270 for said services. BACKGROUND: Leibowitz and Associates, P.A., was originally retained to provide advice, analysis, counsel to the City 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. These funds had been fully expended by January, 1998. It is necessary for the City to engage the professional services of a law firm possessing experience and expertise in the area of communications law and specifically cable television law to provide advice, analysis and counsel to the City on a continuing basis to assist the City in the renewal, modification, transfer, or related matters in regard to the City's existing cable television license agreement. This expenditure is to be allocated from account code 001000.921002.6.270. JGP/cmc/a!�ecb 38-- 3b1 J-98-412 4/8/98 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY ENGAGE THE LAW FIRM OF LEIBOWITZ AND ASSOCIA S, P.A. AS OUTSIDE COUNSEL, IN AN AMOUNT N TO EXCEED $135,000, TO PROVIDE ADVICE, ANALY AND RELATED SERVICES REGARDING THE CITY OF MIAMI'S EXISTING CABLE TELEVISION LICENSE AGRE ENT AND NY RENEWAL, MODIFICATION, TRANSFER, R RELATED ATTERS THEREOF; ALLOCATING FUNDS EREFOR FROM AOCOUNT CODE WHEREAS, the Ikw firm of Leibowitz and sociates, P.A. was originally retained to provide advice, analysis, d counsel to license agreement and franch renewal to Resolution No. 95-744; and WHEREAS, the above fu necessary for the city to again � ity regarding the existing cable television an amount not to exceed $100,000 pursuant were fully expended in January, 1998, and it is e services of said law firm, in an amount not to exceed $135/The pr ision of ren wal, modification, transfer, or related matters regarding thecable television lic se agreement; NOW,BE IT RESOLVED B THE COMMISSION OF THE CITY OF MIAMI, FLOR Sectioecitals and findings contained i the Preamble to this Resolution are hereby adrence thereto and incorporated he in as if fully set forth in this Section.