HomeMy WebLinkAboutR-98-0524J-98-590
5/26/98
RESOLUTION NO. 9 8 — 5 A
A RESOLUTION SCHEDULING A PUBLIC HEARING ON
JULY 28TH 1998 TO DETERMINE WHETHER TO GRANT
OR DENY CABLE TELEVISION LICENSE/FRANCHISE
RENEWAL TO MIAMI TCI; AUTHORIZING THE CITY
MANAGER TO ADVERTISE NOTICE OF THE PUBLIC
HEARING AND TO NOTIFY MIAMI TCI IN WRITING
THAT: (1) THE CITY COMMISSION WILL CONSIDER
WHETHER MIAMI TCI FAILED TO COMPLY WITH THE
APRIL 24, 1998 DEADLINE FOR THE FORMAL
RENEWAL PROPOSAL, (2) UNLESS A NEW FORMAL
PROPOSAL IS DELIVERED TO THE CITY, BY NO
LATER THAN JULY 10, 1998, THE CITY WILL
CONSIDER THE PREVIOUS PROPOSALS RECEIVED FROM
MIAMI TCI TO CONSTITUTE THE FORMAL PROPOSAL,
(3) THE CITY COMMISSION WILL DETERMINE
WHETHER MIAMI TCI'S CABLE PROPOSAL(S) MEETS
THE NEEDS AND INTERESTS OF THE CITY, (4) A
PUBLIC HEARING TO DETERMINE WHETHER TO GRANT
OR DENY THE LICENSE/FR.ANCHISE RENEWAL HAS
BEEN SCHEDULED FOR JULY 28, 1998, AND (5) THE
CITY REMAINS AVAILABLE FOR CONTINUING THE
INFORMAL LICENSE/FRANCHISE RENEWAL PROCESS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Comaltssion of the City of Miami,
Florida, hereby declares that a public hearing is to be held on
July 28th 1998 to determine whether to grant or deny the cable
television license/franchise renewal to Miami TCI.
Section 2. The City Manager is hereby authorized to
advertise notice of the public hearing and to notify Miami TCI in
CITY CO&DUMON
MEETING OF
MAY 2 6 1998
Resolution No.
writing that: (1) the City Commission will consider whether Miami
TCI failed to comply with the deadline of April 24, 1998 for the
formal renewal proposal, (2) unless a new formal proposal is
delivered to the City, no later than July 10, 1998, the City will
consider the previous proposals received from Miami TCI to
constitute their formal and final proposal, (3) the City
Commission will determine whether Miami TCI's cable proposal(s)
meet the needs and
interests
of the City, (4) a
public hearing to
determine whether
to grant
a license/franchise
renewal has been
scheduled for July 28, 1998, and (5) the city remains available
for continuing the informal renewal process.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th
ATTEST:
WALTER J. FOEMAN
CITY CLERK
day of
May , 1998.
JOE CAROLLO, MAYOR
In nce with Miami Code Sec. 2.36, since the Mayor did not indicate approval of
Ws legislation by signing it in the designated place provided, said ieg;_,!
becomes effective with the elapse often (10) days f the elate of "omMisr,-r,
regarding same, without the Mayor ex rcising a v m.
Wa r J. a n, City Clerk
-2-
98 - 5"4
YAMILE M
ASSI TAN
,,*rf er►
APPROVED BY
FORM AND CORRECTNESS:
-3-
98 - 524
LhIBOWITZ & ASSOCIATES, P.A.
SUITE 1450
JOSEPH A. BELISLE SUNTRUST INTERNATIONAL CENTER
ILA L. FELD ONE SOUTHEAST THIRD AVENUE
ALLISON K. HIFT
MIAMI, FLORIDA 33I31-1715
MATTHEW L. LEIBOWITZ
MEMO
TO: City of Miami Commissioners
FROM: Law Firm of Leibowitz & Associates, P.A.
RE: Miami TCI Cable Television Franchise
DATE: May 26, 1998
TELEPHONE (305) 530-1322
TELECOPIER (305) 530-9417
E-MAIL Broadlaw@aol.com
This memorandum serves to update the City Commission of the City of Miami on
the City's options with regard to moving forward with Miami TCI renewal matters.
1. Background
As you are aware, the cable television franchise granted by the City of Miami,
Florida,to Miami Telecommunications Inc. (MTCI) pursuant to Ordinance No. 9332 and
amendments thereto was to expire on November 18, 1996 (no extensions). Pursuant to
Federal Law (47 U.S.C. § 546), MTCI, by letter dated January 31, 1994 exercised its right
to request formal renewal proceedings, and requested the City to proceed with informal
negotiations at the same time. As was its obligation under Federal Law, the City timely
commenced ascertainment proceedings required by the formal process, while concurrently
engaging in informal negotiations with MTCI on an ongoing basis. Under the informal
process, the City staff attended numerous meetings, participated in phone conferences,
and studied various reports and informal proposals submitted by MTCI with respect to the
franchise renewal. However, after three years of negotiations pursuant to the informal
process, MTCI has failed to provide the City with consistent proposals which, in the
judgment of City staff, meet the cable related needs of Miami. In addition, during this
period, the City notified MTCI of numerous violations of the terms and conditions of the
existing Ordinance. However, MTCI neither provided an adequate response nor
implemented cures sufficient to comply with the ordinance.
98- 524
Accordingly, by letter dated April 17, 1997 to Maureen O'Neill Area Manager, MTCI,
from Edward Marquez, former City Manager of the City of Miami, the City notified MTCI
of its intent to proceed with the cable franchise renewal process in connection with the
MTCI franchise under the formal renewal procedures pursuant to 47 U.S.C. § 546 and set
forth the time schedule pursuant to which MTCI and the City would proceed with the formal
renewal process. In connection therewith, by letter dated May 6, 1997 from Michael
Woods, Esq., Director of Franchising TCI Southeast, Inc., to the City's telecommunications
legal consultants Leibowitz & Associates, P.A., MTCI confirmed the time schedule
pursuant to which MTCI and the City would proceed with the formal renewal process.
Consistent with the agreed upon schedule, MTCI submitted a response to the City's
renewal questionnaire in July, 1997. The City issued its last Ascertainment Report as
required by Federal Law in August, 1997. In response, MTCI, pursuant to the April 17,
1997 letter referenced above and pursuant to the May 6, 1997 letter referenced above,
was legally obligated to provide to the City a formal renewal proposal in December, 1997.
In good faith, the City granted to MTCI numerous extensions of the deadline for
submission of the Company's formal proposal. The last such extension required that the
Company provide the proposal to the City no later than April 24, 1998. Unfortunately,
MTCI failed to submit a proposal to the City on or after April 24, 1998.
Instead, by letter dated April 27, 1998 to City Staff, Michael Woods set forth the
Company's position with respect to the franchise renewal proceedings pending with the
City of Miami. MTCI again requested the City to extend the grant of the existing franchise
for an additional term of eighteen (18) months. This period runs until approximately
October, 1999. The Company's primary rationale for requesting this extension is to allow
sufficient time for the transfer of the MTCI system in Miami to US West/MediaOne.
if. Recommendations for the City of Miami
A. Continuation of Formal Renewal
The Law Firm recommends that the City continues with the formal renewal process.
Accordingly, the City should (1) send TCI notice that TCI must submit its formal renewal
proposal no later than July loth ; and (2) if TCI does not submit such proposal by July 101n
the City will hold a formal hearing on the latest proposals that the City has received from
TCI to date to compare such proposals to the findings of the City's Ascertainment Report.
If it is determined at a public hearing to be held on July 28" that MTCI's proposals do not
adequately address the needs and interests identified in the Ascertainment Report, the
City should adopt a report at that meeting setting forth findings as to the inadequacies of
MTCI's proposals and issue a preliminary assessment that the franchise should not be
renewed. In the event that the City does not have adequate time to completely analyze
TCI's proposal prior to the July 28th Commission meeting, the City, at that time, may adopt
a resolution to postpone the public hearing until the first Commission meeting in
September. Accordingly, it is necessary to extend the MTCI franchise for the period until
such time as the public hearing takes place.
LEIBOWITZ & ASSOCIATES, P.A. SUITE 1450, ONE SOUTHEAST THIRD AVENUE, MIAMI, FLORIDA 33131-1715 • TELEPHONE (305) 5391(([xQ�J� 524
3 2
In the event that the City issues a preliminary assessment not to renew, the City
is then required to hold an administrative proceeding at which the cable operator is
afforded adequate notice and an opportunity for full participation. At the completion of
such proceeding, the City is obligated to serve the operator with a written decision whether
to grant or deny the renewal and the reasons therefor. The cable operator may appeal
such final decision to a court of competent jurisdiction within 120 days of receiving notice
of the decision.
In the alternative, at the May 26 Commission meeting, the City may decide to
advertise a public hearing to take place on June 9" at which time the City will consider the
proposals that TCI has submitted to date in the context of the City's ascertainment report
and either grant a renewal or issue a preliminary assessment not to renew at that time.
However, this alternative does not provide TCI with written notice that the City will consider
TCI's incomplete proposals received to date as its formal proposal.
B. Continuation of Informal Renewal
Notwithstanding MTCI's protest to the contrary, the Law Firm recommends to the
City that it continues to be available for informal discussions with MTCI unless the City
subsequently elects to deny the renewal.
C:\225\Miami\General\Memos\MattLeibowitz-memorandum-05.22.98.wpd
L.EIBOWITZ & ASSOCIATES, P.A. 9 `--' - 524
SUITE 1450, ONE SOUTHEAST THIRD AVENUE, MIAMI, FLORIDA 33131-1715 • TELEPHONE (305) 530-1322
MIAMI TCI FORMAL RENEWAL PROCESS
MAJOR MILESTONES
• November 18, 1996. Franchise/license agreement with MTCI expires after term of 15 years.
• October 30, 1996. City Commission passes ordinance 11410 extending franchise/license agreement
from November 18, 1996 to February 18, 1997.
• February 20, 1997. City Commission passes ordinance 11443 extending franchise/license agreement
from February 18, 1997 to May 18, 1997.
• April 17,1997. City notifies MTCI of intent to pursue formal renewal process
• May 6, 1997. Official start date of formal renewal process as mutually agreed upon by both parties
• May 22, 1997. City Commission passes ordinance 11504 setting the franchise extension as month to
month.
• July 1, 1997. Updated formal renewal questionnaire is received from MTCI. Delayed from due date
of May 21, 1997 (15 days from May 6, 1997).
• August 18, 1997. Ascertainment report issued by City (45 days from July 1, 1997). MTCI to issue
formal renewal proposal September 29, 1997, 45 days from date of issue of ascertainment report. City
would then make determination as to whether to grant or deny franchise/license renewal with 120 days
of receipt of formal proposal (estimated to be February 6, 1998). MTCI subsequently requests
extension to October 3, 1997.
• October 3, 1997. MTCI requests 90-day extension for submission of formal renewal proposal.
• October 10, 1997. City grants extension of 45 days (November 17, 1997) to MTCI for submittal of
formal renewal proposal.
• October 28, 1997. MTCI requests that City Commission (Motion 97-758) grant extension until
December 27, 1997 for MTCI to submit formal renewal proposal.
• December 9, 1997. City Commission grants extension until March 24, 1998 to MTCI for submittal
of formal renewal proposal.
• March 24, 1998. City Commission (Resolution 98-305) grants extension from March 24, 1998 to
April 24, 1998 for the submittal of the formal renewal proposal from MTCI.
• April 27, 1998. MTCI requests a license extension of 18 months and requests 90-day extension for
the submission of the formal renewal proposal or an informal proposal within 45 days.
98- 524
ie H
L. P
�Vl
U
J arcia-Pedrosa
City Manager
r
U 1-
Chi ' an May 1, 1998
Leibowitz and Associates
4i f` A /00/ OCC>- Z S
A
ly 00 %ASr
n
. 4,Q�c ; Goo +�
o ��'� 'ti'en F�.s o
In response to your request regarding prior City payments to Leibowitz �l�ssociates
beyond the $35,000 approved in October, 1997, please be advised of the following:
1. Pursuant to Resolution 95-744, dated October 26, 1995, the City engaged the services
of Leibowitz and Associates for cable television related matters in an amount not to
exceed $100,000. These monies were paid to Leibowitz and Associates to provide the
City with assistance in initiating and carrying forward the renewal process with
Miami-TCI.
2. On October 11, 1996, the City authorized and expended an amount o $4,500 for
Leibowitz and Associates, apart from the $100,000 for cable televise re ated
matters, to represent the interests of the City in regard to telecommunications
legislative issues being addressed in the State legislature.
3. On October 28, 1997, the City Commission adopted Resolution 97-758.1 which
authorized the continued engagement of Leibowitz and Associates in the amount of
35,00 to provide advice and 'counsel on cable television related matters.
4. On April 14, 1998, the City Commission adopted Resolution 98-351 reaffirming its
!Mevision
oval of $35,000 and allocating an additional $100,000 for a total of
or Leibowitz and Associates to provide us continued advice and counsel on
related matters for a period of 18 months.
JGP/CMC/AGSS/ecb
98- 524
City of Miami computer ID:305-416-2150 MAY 18'98 16:52 No.011 P.02
Leibow_i
tt and Assoc Expanse Analysis
Gable TV Franchiso Rcnowal
t Billed Total Amt
Month 1 Amount _ of Resolution -
-.. $10Q.WO.O�—
66t-85 $4,318.00 $95,682.00�—
Nov-95 $1,895.20 _ $93,986,80
_ Dec-95 $__3,571.43 $90,415,371
- Jan-96 $615.71 _ _ $89,799.66
Fab-95 $4,9UU.ZV $84,810.37
Mar-96 $3.649.04 - $81,261.33
Apr-86 - - $8,930.95 $72.330.38
May-9_6----$4,460.99 $67,869.39
Jun-96-$3,394.50 $64,474.89
Jul-96 $4,264.16 $60,220.73
Aug-96 $1,668.01 $58,552.72
Sep-96 $5,461.96 _$53,090
Oct-96 $4,660.58 $48,436:18.76
NOv-9S` _ 52,929.7U $45,5UUMI
Dec-96 $1,088,17 412.31 --- _
Jan-�7 $1,224.0.2 $43,188.2J
- Feb-97 $2,356.53 $40,831.76
Mar-97 $4,428.65 $36,403.11
Apr-$7 $4,093.07 - $32.119.041.
May-87 $1.606-83 $30,703.21 -�---
Jun-87 $1,966.32 $28,736.88
Jul-87 $3,084.33 $25,652.561
{
AUg-S7 { $2,03b.94 $22'"1165.62'
Sepy97' $10,648.87 , . $12,167.65
$1-
Qct-97 2,167.35�-
V,
5/18/98
State of Florida Subcommittee
on Telecom. Taxation
Billed Total Amt,
Month Amount of Resolution
$4.496.00
a Jan-97 $4,158.00 $337.DO
May-97i 4 $337.001 $0_00
Page 1
leibowitz.xis
98- 524
City of Miami computer ID:305-416-2150 MAY 18'98 16:52 No.011 P.03
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
7o The Honorable Vice -Chairman nA,F May 1, 1998 FILE
J.1.. Plummer, Jr.
SUBJECT: Leibowitz and Associates
FROM Jose Garcia -Pedrosa
City Manager
REFERENCES:
ENCLOSUKtS
In response to your request regarding prior City payments to Leibowitz and Associates
beyond the $35,000 approved in October,1997, please be advised of the following:
1. Pursuant to Resolution 95-744, dated October 26, 1995, the City engaged the services
of Leibowitz and Associates for cable television related matters in an amount mit to
exceed $100,000. These monies were paid to Leibowitz and Associates to provide the
City with assistance in initiating and carrying forward the rowwal process with
Miami-TCI.
2. On October 11, 1996, the City authorized and expended an amount of $4,500 for
Leibowitz and Associates, apart from the $100,000 for cable television related
matters, to represent the interests of the City in regard to telecommunications
legislativu issues bill& addressed in the state legislature.
3. On October 28, 1997, the City Commission adopted Resolution 97-759.1 which
authorized the continued engagement of Leibowitz and Associates in the amount of
$35,000 to provide advice and counsel on cable television related matters.
4. On April 14, 1998, the City Commission adopted Resolution 98-351 reaffirming its
prior approval of $35,000 and allocating an additional $100,000 for a total of
$135,000 for Leibowitz and Associates to provide us continued advice and counsel on
cable television related matters for a period of 18 months.
JGP/CLC/ACI /ecb
c: The Honorable Mayor and Members of the City Commission
98- 524
City of Miami computer ID:305-416-2150 MAY 18'98 16:53 No.011 P.04
RECEIVED
CITY OF MIAMI. FLORIDA
INTe141-01TIC11 MEMORANDUM
APR 16 IV98
TO ' lose Garcia Pedrosa DATE April 16,1998 FILE
C1ty Manager
SUBUICT : Miami TO
►I*AA � 't REFIEWNCEs
J.L. Plummer
Vice -Chairman ENCLOSUASS
At the last commission meeting item #3 referring to legal representation by the
City in negotiation with Miami TCI, it was alleged that the lawfiim sclectcd has
previously received much more than S35,000 as reflected on the record.
Please look into this matter and advise accordingly.
98- 524
Citu of Miami computer ID:305-416-2150
r
� I
' J798.412
RESOLUTION NO,
A RESOLUTION, WITH ATTACHMENT, AVTMOR171Nd THE
CITY ATTORNEY TO CONTINUE THE ENGAGEMENT OF THE,
LAW riIRM OF LEIBOWITZ AND ASSD,IATES, I.A. AS
` OUTSIDE COUNSEL, TO PROVIDE ADVICE, ANALYSIS, AND
RBLATEO SERVICES REGARDING THE CITY OF MIAMPS
EXISTING CABLE TELEVISION LICENSE AGREEMENT AND
ANY RENEWAL, MODIFICATION, TRANSP'kR, OR aet,ATED
MATTERS THERFOP; AUTMORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACMEO FORM, WITH LAID LAW FIRM, IN A TOTAL
AMOUNT NOT TO EXCEID $135,000. WHICH INCLUDES
#35.000 PREVIOUSLY APPROVED : PURSUANT TO
RESOLUTION NO. 97-768.1, ADOPTED WOBER 28, 1997;
ALLOCATING FUNDS THEREFOR t-MOM SPECIAL PROGAAMS
AND ACCOUNTS. ACCOUNT CODE NO.921Od2-270.
16:53 No.011 P.05
WNEREAut the Law min of Loibowita and Assoelstes, F.A. ("Consultsnt") well
i originally retainsd to provide advice, anstvals, and counsel to the city rogarding the existing
cable television Ilcanse agreement and franchise renewal in on amount not to oxcsed
: r
s ;
$100,000 Pura ant to Resolution No. 96-744; and
WHEREAS, in light of the fact that the above mentioned funds had been fully
'expandtod, an October 28, 1997. by vinus of Resolution No. 97.758.1, the Miami City
Commission authorizod edditlonal servIess with the Consultant in an amount not to exceed
t
$35,000 to provide continuing consultant servings as requ0et•d In writing by the City,
from time to time; ena.
i
ATTACNMENT (S)
�NCQKTAINEQ
. ,,
98- 524
City of Miami computer ID:305-416-2150 MAY 18'98 16:54 No.011 P.06
MAY-, 1 —Cafe Pr T 1
PAS
WHEREAS, th0 City has requestod, ono the Consultant has sgrend to expand the
soope of Consultant SM1006 to be prOvided during the upcoming 18 mOnths for on
sdditlonal fee In an amount not to exceed d 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
$35,000 previously approved pursuant to Resolution No. 97-758.1, adopted October 28,
1'$g7;
NOW, THEREFORE, 8E IT RCSOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA.
Section f . The recitals and findings Contained In the Preamble to this Resolution
are hereby adopted by reference thereto and incorporated heroin as it fully set forth in this
7
$action.
Section 2. The City Attorney Is hereby authorized to continue the engagement of
09 low firm of Leibowitz and Associates. P.A., as outside counsel, to provide advice,
analysis and related aorvices regarding the City of Miarhl'a4 existing Cable television Ilcenas
baraement ano any renewal, niudirication, transfer, or r lutud matters thereof.
$action 3. The City Manager is hereby authorized to execute an Agreement, in
$�ubstontieily the atteehed form, with the sold law firm , In the total amount not to exceed
0135,000, which includes 436,000 previously approved pursuant to Resolution No. 97-
758.1, adopted October 28, 1997, with funds therefor hereby allocated from Speciat
programs and Accounts, Account Code No. 921002-270.
Saotion 4 This Resolution shelf beGOnle affective IMMedlately upon its adoption.
-2-
98- 524
City of Miami computer ID:305-416-2150 MAY 18,98
r w , :
16:54 No.011 F.07
PAS$d AND ADpPYteD t1116 1#t day of %Prig^-• 1S'�e•
i
JOE CAROLLO. MAYOR
�TES.Y:
--LTtfR J. FOEMAN, CITY CLERK
t
i
c
I;PARED CIO P OVE0 BY:
4XPM'R Y
�SStS A CI �WITOMNCY
t
. it
APPROVED AS TO FORM AND CORRECTNESS.
l L OWMI) M ul
--j-- . CITY A..! M.,IF..
` i►2460;Csk:YMT
y
,
In V+ Cods Sec. 24' 6, Wna the Mayor did not indicateapprovalofthis 1406nt04W
g+" M in " dest�nated plsw provided, said lsglsl tton now
�pe
es Wc6i with the 8WW al ten (10)da from the data d $0A
Nlp'sarnrr, wttho�t tnr � exe
1
98- 524
City of Miami computer ID:305-416-2150 MAY 18'98 16:55 No.011 P.08
P . A
111
1
AGREEMENT
BSTWBEN
CITY OF MIAB%l
AND
LEIEQWITI di AL40CIAXIVL P.A.
i' V ATING T4
s Agreement is between the City of Mwrn4 Florida, a municipal corporation orgaNzed
a+d oxisting undar the laws or the State of Florida its wcce�tpon and ass4m, he�reinaftar referred
:to as "C..M,'"; `
{ AND
LEtB WITZ dt ASW.IATES, P.A., SunTru t Int"tiodal Center, Ohe Southeast 34
Avenue, Suitt 14501, M'", Florida, 3313 It hereinafter refWad to as "CONSLLTA)rr
WITNESSETH:
Wl-MREAS, by virtue of Resolution No. 95.744, CONSULTANT was originally retained
Ito provide' advise, analysis, ad counsel to the CITY repr�ing existing estbla television lie;en
egreemCnt and frenchroe renewal, in an amount not to enccW $100,000.00; and
WHEREAS, in light of the fact chit the above tnent#otied funds had been fully expend
i
on NOW 29v W, by virtuo of Resolution No. 97-70.1, the City Co�ssion of Cl'T�
' aathgcized additional services with CONSULTANT in an amount na to tacccod $3 5,000.00 t6
provide continuing CONSULTANT aervices as requested ih writing by the: CITY, from time to
time; and
WHER M, rtY bw aequested Reid CONSVL.TAN"r has egmed to expand t!y scope of
CONSULTANT servion to be provided during the: upoottiinS 1$ months for an additional fee
amount not to fteeed $I00,nM 00; and
WHMAS, CITY and CONSULTANT
CONSULTANT services with a total fee amount
r includes the s33,000.00
October 28. 1997;
i
previously approved
desire to enter Into an a8reement for
not to excad s13S,000.00, which arr"it
by Resolution No. 97-758.1 adopted
98- 524
Cit�.of Miami computer ID:305-416-2150 MA'S` 18'98 16:55 No.011.P.09
NOW, TNFRI:FORE, 1N CONSIDERATION of tho promises and Mutual covenants ht:tainaftw
contained, the parties do agree as follows:
t , Tile above recitals are true Fund correct and incorporated herein by this reference.
Z, l gMsent■lion of ANWiw; CONSULTANT hereby represents to CITY, knowing CITY
is . relying on same" when entering into this agracnient, that' CONSULTANT has the
nai xxory expartke it% general ronVrW action 4nd cable tclevision matters at *4eral, WAt4
and local level, including but not limited to, cable television ltanchlsea, renewals,
modifications, transfers and 8ianehise compliance.
3, 1 WW ems: CONSULTANT hereby agrees to provide the following servioes excluding
litigation upon the written "at(s) of the city managtr or designee, from time to tithe. in
exchange for the consideration set fbrth in paravraph S herein below:
• Document Analysis. $oviow and provide written analysis. including but litruted to,
recommendations and suctions .of alternative provloons intended to achieve the
desired intent of proposed changes to the CITY'% cable television franchise ordinance,
agrocment and related materials submitted to CONSULTANT.
• Technical Legd Quastioas. Review &W piuvide written response to Written Nquests
for tochn" least assistance concerning cable Wevvision matters, including but not
Bailed to, se mmm and "nor inquiries.
• Ntgotlations. Attend mtxtings between CITY and cable operators sod otherwise
provlde services to lhcilitate negotiations with repeat to ftanchise compliance,
,renewals and transfers.
Lrgat Aoaistar4o. Asslot CITY with pr000cdinp with respect to cable operator
nonoornpliance with CITY ordinances and cable hwhise.
4. Additional .L : CONSULTANT hereby Kgrec+a to provide to CITY at a pro rate
charge not to exceed $2,W0.00 during the term of this Weement the following aervim.-
• Provide copies of newsletters, informal updates, other memoranda and documents
produced or provided by CONSULTANT to clients concerning cabin telf"Wo4
matters, including but not limited to, recent developments, now legislation, regulations,
and opinions.
• To start the CITY to w new roquirements imposed on murkipalides cottcecning
able television matters, including but not limited to, federal and state legislation, rulei
and regulations.
W •7s'f 6 t• .eo+e
2
98- 524
C i t u of Miami computer ID:305-416-2150 MAY 18'98 16:56 No.011 P.10
i
CONSULTANT shall be paid by CITY in the manner set fut th herein an
amount trot to exceed $13S,000.00 for all services, costs and expeAm provided under the
terms of this agreement, including the $2,000.00 for the services desenlxd in PArltgreph 4.
The foregoing CONSULTANT fees A&H be paid in Of amount. nN to ete"A S .6m.00,
betwW April Arid September 1998 and in amount pot to exceed $75,000.00 between
! October I M and Septambor 30, I M.
.(tt) Ai the option of the CITY, CQNsuLtANT fees for wvace: described in Paragraph 3
slttl be based on either:
(t) the hourly billing gates for individual attorneys at the firm sat tint
blow, upon receipt of proper itemized invoice. Rates listed below for individual ;
attorneys Include secretarial and outer ndtcell Bout► costs associated therewith,
or
Matthew L. Lcibowltx $3 85.00 per' t rat
• Joseph A. Belisle S295.00;per hour
Ile L. Feld S200.00�per hour
t
e Allison Hilt SiSO.00 per hour
e Paralegal. sailor S $5,00,per hex
• paralegal; Jr. S 65.00' per hour
(2) At the blended hourly rato of $200.00 per hour for a]1 attorney time, upoA '
"Wpt of itatAw invoioo,
tb) Bill" Practices:
(i) CONSULTANT shall be ontldai to pdymettt of all out of pocket expetuei
and re_ rnbur mnents includinS without limimoon, travel oatk a bwdo omitity
long distaicx telephone calls. sit express'charg+es, prindrig and hued -delivery;
Yhatowpies we billed at the rate of tvvt+ q-tive ,Dents (0.2S)' per oopy and
ftt shnile transmissions are billed at two dobra ($2,00) per page... Retsining' o
outside protbsdonals; including but not limited to, aocoiintants iind 'engineer
iaaetrmod as a result of the above referowed skrAcek OWI be appraved by t'City
ptla to being incurred and shall be billed to the City at cost.
(2) CONSULTANT shall bill the City on .a monthly basla for wodc performed
W costs Imurred. Each staument will reflect services rendered through the 25'r!,
day Of the month.. All sums duo for costs. in ink! are due and payable upoi
' receipt of CONSULTANT'S invoice and slid .aocrue interest if outstanding.
sums due fbr services pertbrmed will be billed monthly, A fate chargo of 1-1
per nkmth vwll be charged on awacnts due arjd payable far more than 30 days.
1 � .
� �:t�IbswwC�bbt'V.ia�
98- 524
C i t
Ay of Miami computer ID 305-416-2150
iM-�� r
MAY 18'98 16:56 No.011 P.11
W . 64 R
(1) if any statement is not PAW within 60 days, CONSULTANT reserves the
right to ' discontinue legal services. However, C014SULTANT will not
discontinue .services without giving the CITY prior ;notice suggesting
anployntent of other counsel, allowing remgnable time to employ ether cnunsol,
delivering all ' papers and Rroperty to which tits . CITY is entitled and which
WNW LTANT is . ob6&ncd to dv%va', and vwpsra 4 with : counw,
substquently employed to ensure that the CXTY'a interest will not' be prejudice
by the dis*caatinuanc&'if necessary, CONSULTANT will employ collection
services to enm 'paymant of overdue accot}nts, and any amlon dW1 be litigated
axclusively In the appropriate state court bavk* subject maser jurisdiction, and
venue shall be.ia Miami, Dade County, Florida
6. limaermieat . This agreement WWI and September 30, 1999 unless terminated sooner
by sid wr party. 1*9 CITY " have the right to terer owe this agreement. - rn iq soli
discretion, at any time by giv%g written notice to Provider at least five (5) buda"s days
Print to the efth live date of such tarniaatica. in, Rich gveek the CITY iiwl pay to
CONSULTANT compensedon for services rendered sirtd wWVu of incurred prior to the
effective 'date of termii►adon, in go' event OWI the CITY be liable to CONSULTANT fa
SOY additiotnat compensation, other than that Provided herein, or far any comweraial or
iripdentaf damaQas.
T. Amfonment: This agreement chat not be assigned by CONSULTANT',. in whole or in part,
with* the prior written consent of the CrM winch Mq be wiftdd or 0010W401, in the
CI<TY'S sole dacretion.
t 8. Entire Amy uW; ' Amen nts: This agreement .;cts forth rho entire understanding
betwevrt Om partlos. 711i* agreement any not be amendod without both partied exawtiag an
' amettdhw of equal dignity_
9. ,gpj0W By The Qyqa gk Board: The State of Florida has appointed an Envue coy
'Fineunclat Oversight Board (the "Oversot Board") which is e:mpawe red to rrAew and
approve all petlding City of Affl i contracts. As a r*t, contracts slush not be binding on '
the City until such tines as they have been approved by the Oversight Board, Execution of
this apeetrrettt by the City Manager shall constitute evidence of its approvd by the
r Oversight goad.
w:l�llew�iteCdd.N.aee 4
A!7-7fK4►oMq
98- 524
City of Miami computer ID:305-416-2150 MAY 18'98 16:57 No.011 P.12
OC6
i P- A4
IN WITNESS WMRBOF the parties MWO have made •rtd txecuted this ASramatt on
the respective dates' s+�h WPAture: ChY siPhIS by :and through ita Chy Nt""Gr, duty
:81itharirrd to exedtte-060le, srlRl 'l�'hnuntr k Assnc p A b
!� signing y and th*sh
dUly au hod2w to execute 5"
CITY OF MtgMYa M�nicipa!
' ATTEST; r�xmrinn of ttk gt of Florida
By
r
WA 7. FOBMAIV JOSL.OARCIA-PEDROSA
C+ty �".leai
Cie& r Ciiy Mier
•f (Oi�icitl Seal) •. .
APP"V;ED AS TO FORM
I Alta COMCTNU$: .
: S013L EDVwAItD MA7�WEi.L '
Iniaim City Attorney
WITNESSES; LEMOWIITZ R ASSOCIATES, P.A.
9y ;
4
1
f
8— 524
t M "Owe
�V'1.73i(4roN�1) S
C i tLj of M1,ami computer ID:305-416-2150 MAY 18'98 16:57 No.011 P.13
t
STATE OF FLORIDA )
'COUNTY of DAD>r
The *gping 'i¢s mrro st wu acknowledded beige' nid . this day of
1 d ss o
bchlhf ,bf the Co lm&TANT.. Helsire is personally : known to me or has produced
' 1p ldentilioition and did (did riot) take 4t wh. .
E Notary P "o-Sto 6f FWi
Conueildo , NO: My Conuttl;sion kxpitar:
1
i
�;WMwNraGblsv./a
� A9l.1li(MOl+lt)
98- 524
�305 530 9417 LE13Oi11Z 0CIiTES
I
LEiDowi-iz & AssoCIATES, FA
JOSEPH A- BELISLE
ILA L- KELb
ALLISON K. NIFT
MATTHEW L. LEI90WIT2
SUITE 1450
SUNTRUST INTERNATIONAL CENTER
onzIsouTHEAST TH1Ro AVENUE
MIAMI, FLORIDA 33131-1715
May 18, 1998
Via Facsimlle: (305) 400 5043
Jose Garcia -Pedrosa
City Manager
City of Miami
Miami Riverside Center
444 S.W. 21 Avenue, 101 Floor
Miami, Florida 33130 i
Re: Miami TO Cable Television Franchise
Dear Jose:
TELEPHONE (305)S30-1322
TI=LF-COPIER (305) 530-9417
E-MAIL BrOaCdraW@aOI.COM
As per our conference call on May 14, 1998, attached is a memorandum to
provide to the City Commission- at the next Commission meeting to take place on
May 26, 1998, as an update of pertinent issues with regard to negotiations between
the. City and TCI, and to present.options to the Commission for moving forward with
renewal no otiations.
I look forward to appearing at the May 26'hCommission meeting. Please call
me if you have any questions-oi' concerns.
MLUdb
Enclosure
cc: Elaine 1
Alex Vi
Ila L. F
3
la I
Esq.,
18.98.wpd
i
Sincerely,
98- 524
e 3 0 5 530 9i17
LE1301171 AS30CIATES
MEMO
TO: City of Miami Commissioners
FROM: Law Firm of Lenbowitz & Associates, P.A.
RE: Miami TCI Cable Television Franchise
DATE: May 26, 1998
This memorandum serves to update the City Commission of the City of Miami on
the City's options with iregard to moving forward with Miami TCI renewal matters.
[. Background
As you are aware, the cable television franchise granted by the City of Miami,
Florida to Miami Telecommunications Inc. (MTCI) pursuant to Ordinance No. 9332 and
amendments thereto was to expire on November 18, 1996 (no extensions). Pursuant to
Federal Law (47 U.S.C. § 546), i ATC1, by letter dated January 31,1994 exercised its right
to request formal renewal proceedings, and requested the City to proceed with informal
negotiations at the same time. As was its obligation under Federal Law, the City timely
commenced ascertainment proceedings required by the formal process, while
concurrently engaging!in informal negotiations with MTCI on an ongoing basis. Under the
informal process, the City staff attended numerous meetings, participated in phone
conferences, and studied various reports and informal proposals submitted by MTCI with
respect to the franchise renewal: However, after three years of negotiations pursuant to
the informal process, MTCI has failed to provide the City with consistent proposals which,
in the judgment of City staff, meet the cable related needs of Miami. In addition, during
this period, the City notified MTCI of numerous violations of the terms and conditions of
the existing Ordinance. However, MTCI neither provided an adequate response nor
implemented cures sufficient to ;comply with the ordinance.
Accordingly, by letter dated April 17, 1997 to Maureen O'Neill Area Manager,
MTCI, from Edward Marquez, former City Manager of the City of Miami, the City notified
MTCI of its intent to proceed with the cable franchise renewal process in connection with
the MTCI franchise under the formal renewal procedures pursuant to 47 U.S.C. § 546
and set forth the time schedule pursuant to which MTCI and the City would proceed with
the formal renewal process. In 'connection therewith, by letter dated May 6, 1997 from
Michael Woods, Esq., Director of Franchising TCI Southeast, Inc., to the Citys
telecommunications legal consultants Leibowitz & Associates, P.A., MTCI confirmed the
time schedule pursuant to which !MTCI and the City would proceed with the formal renewal
L.Emowi= & AssocL&*ms, P.A. 9 V
SUITE 1450.ONE SOUTHEAST 7HIRb AVENLIE, MIAMI, FLORIDA 33131-1715 • TELEPHONE (305) 830.1322
524
I 3 0 5 530 9 i I 7 LE[3OIIT.7 �SSOCI�.TES 0 5 / I B / 9 8 I 3 : i 2 P . 0 0 I / 0 0 5
Jose Garcia -Pedrosa
May 18, 1998
Page 2
process. Consistent with the agreed upon schedule, MTCI submitted a response to the
City's renewal questionnaire in July, 1997. The City issued its last Ascertainment Report
as required by Federal I Law in August, 1997. In response, MTCI, pursuant to the April 17,
1997 letter referenced above and pursuant to the May S, 1997 letter referenced above,
was legally obligated to provide to the City a formal renewal proposal in December, 1997.
In good faith, the City granted, to MTCI numerous extensions of the deadline for
submission of the Company's formal proposal. The last such extension required that the
Company provide the proposal fo the City no later than April 24, 1998. Unfortunately,
MTCI failed to submit a proposal to the City on or after April 24, 1998.
Instead, by letter dated April 27, 1998 to City Staff, Michael Woods set forth the
Company's position with respecl; to the franchise renewal proceedings pending with the
City of Miami. MTCI again requested the City to extend the grant of the existing franchise
for an additional term of eighte6n (18) months. This period runs until approximately
October, 1999. The Company's primary rationale for requesting this extension is to allow
sufficient time for the transfer of the MTCI system in Miami to US West/MediaOne.
II. Recommendations for the City of Miami
A. Continuation of Formal Renewal
The Law Firm recommends that the City continues with the formal renewal process.
Accordingly, the City should schedule a public hearing to review any and all proposals
received by the City 'Ifrom MTCI to date and to analyze all of these proposals in the
context of the City's Ascertainm6nt Report. If it is determined that MTCI's proposals do
not adequately address the needs and interests identified in the Ascertainment Report,
the City should adopt a report at that meeting setting forth findings as to the inadequacies
of MTCI's proposals. Accordingly, it is necessary to extend the MTCI franchise for the
period until such time as the public hearing takes place.
If at the public hearing it i � determined that MTCI's proposal does not adequately
address the needs and interests identified in the Ascertainment Report, the City may then
proceed to consider whether to deny the cable television franchise held by MTCI. In the
event that the City determines there is cause to deny the renewal, the City is then
required to hold an administrative hearing of which the cable operator is afforded
adequate notice and an opportunity for full participation. At the completion of such
proceeding, the City is, obligatedlto serve the operator with a written decision whether to
grant or deny the renewal and the reasons therefor. The cable operator may appeal such
final decision to a court of competent jurisdiction within 120 days of receiving notice of the
decision.
98- 524
YELl3OWITZ &AssOGSATEs, P.A.
SUITE 1450, ONE SOUTHLAST TH1RD AVENUE, M[AM I. FLORIDA 33131-1715 • TELEPHONE (305) 530-1322 1 5/18198 1t:43p,>s.
OM M H17 LEIPOW 'T JUNNFES 051HM 13:42 P.005 M
Jose Garcia -Pedrosa
May 18, 1998
Page 3
B. Continuation of Informal Renewal
i
Notwithstanding MTCI's protest to the contrary, the Law Firm recommends to the
City that it continues to be available for informal discussions with MTCI unless the City
subsequently elects to deny the renewal.
C.MSIJ iamllOonemMaiWwitzatoemo-W.1B.98_wpd
98- 524
LEz]3OWZT7 & ASsOcT-&TEs, P_A
SUITE I4S0, ONE SOUTHEAST THIRD AVENUE, MIAMI, FLORIDA 33131-1715 • TELEPHONE (305) S30.1322 5li8l98 1'
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
RECEIVED
MAY 12 9990
TO Mr. Jose Garcia -Pedrosa DATE : FILE
City Manager SUBJECT: April 12, 1998
FROM REFERENCES:
4ommissiioner J.L. Plummer JrgCLOSURES :
Please schedule an item for discussion on the next
commission meeting agenda regarding expenditures
to Leibowitz and Associates. See attached. Thank you.
98- 524
City of Miami computer
MERRETT A. ST(ER"CIM
CITY MIAMAAGN
October 11, 1996
ID:305-416-2150 MAY 18'98
i�Y#fir jorf fflinmi
Matthew Lcibowitz
Leibowitz awl Amod*Ws, P.A.
Sw>be - ItiberaatioAal Cantor, Suite 1450
One S.E. 'Third Awnua
Miami, Florida 33131
Dear Mr. Leibowitz:
16.58 No.011 F.14
P.O. sox @""$
MIAMI. FLOMDA 6=2*.0708
(70i) SS&54ft '
PAX MG) 2W IN&
Please aoetpt this letter as authorization to represent the City of Miami and its intents in
proteadn8 the right tin collect Lel000mmunicationa licensing and &wchiWag foes and to
prowo and administer the rights -of -way with dw State of Florida Lesidamm The costa
involved in this effort are not to exceed $4495 and at to ba billed to the City in as
aocount separate and distinct firm dw cunw TCI renegotiation a wunL
Sincerely,
Mcrrett Sderheim
City Manager
98- 524
-.ity of Miami computer ID:305-416-2150 MAY 18'98 16:58 No.011 P.15
J-95-087
10/17/95
RBI �OLVrIGlN NO.9 5 - 7 4 4
A RRSOLUTION AOTBORIZING TIM CITY ATTOMMy I S
91RiRQW=r OF TM LAif FIRM OF LRJWWITe &
ASSOCIATES, P.A., TO PROVIDE ADVICE,
AMLYSIS, COUNSBL, AND R RBLILTW SEtt'VIC 29
MARDING TU CITY OF MIAMV 8 BXISTING CABLB
TBLEVISION LICYNSS ASnxWW An
C0KSIDSRATZ0N OF A 1ritWCHISB Rffii'ML; FOit' R
ALLOCATING FUNDS TA8R$FOR, IN AN AMOUNT NOT
TO ExCxW $100, 000. 00, F" TAM Spam"
PROWNS AND ACCOMITS FUMD FOR RAID SZRVIC ES .
ijRS)IS, City of Miami. Cable Television License Ordinance
No. 9332, as amended, adopted on October 19, 1981, granted a
Nonexclusive License to Miami Tale-CAmwnications, Inc. and
Americable of Greater Miami, Utd. (hereinafter referred to as
"TC10) for the privilege to use streets and public ways within
the municipal boundaries of the City of Mimi to co"truct,
operate and maintain a cable television system (hereinafter
referred to as the "License"); and
VW9RZU, the terra of the TCI License commenced on
November it, 1991, for fifteen (15) yea rs t and
WMXRZU, attar the City tanagerts submission to the City
Commission of a report on the performance of TCI and after public
hearings in accordance with the License renewal procedures
outliaed in Ordinance Mo. 933I1 as amended, the term may be
r
renewed for a period not to exceed fifteen (7.5) years; and
98- 524
k" "No cco
S"
-- 74
City of Miami computer ID:305-416-2150 MAY 18'98 16.59 No.011 P.16
Wman" i . in order to determine satisfactory performance, the
City has sought the eomav=ity's input on TCY's technical
developments, performance of the system, progransaing, other
services offered; cost of service, equipawat, facilities and
personnel to aid access channel users and any other requirements
set forth by Ordinance No. 9332, as amended; and
MURUS. in accordance with Ordinance No. 9332, as amanded,
the City Manager shall also consider TCZ's annual reports made to
the City or to the Federal Communications Comm' ssioan and shall
prepare and submit a public report (hereinafter referred to as
the *public Report") to the City Coosaission which sets the
results of the investigation and makes recommendations to the
City Coemission regarding:
(l) Renewal of the License and term of the renewal;
(2) Changes to the License; and
(3) Potential amendments to Ordinance No. 9332, as amended;
FT�T�
, iM Naks, in order to conduct.a thorough investigation and to
prepare the Public Report# it is necessary for the City to engage
the professional services or a law firm possessing experience in
negotiating franchise renewals with major cable operators and
whiClialso assist the city with the following services
(1) Review and analysis of existing franchise
agreement and related materials;
(2) Financial compliance review;
(3) Technical compliance review; and
9$- 524
City of Miami computer ID:305-416-2150 MAY 18'98 16:59 No.011 P.17
(4) Preparation of all agreements and documents of
franchise renewal;
and
WHERSAB, Leibowitz A Associates, P.A. has represented over
thirty Florida cities and counties in cable television matters
including initial franchises, renewals and modification, rate
regulation, customer services regulation and franchise fee
audits;
NOW, TUR81►ORE, BS IT WOLVBD BY TM COMIS$ION OF T$B CXTY
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 not forth in this
Section.
Section 1. The City Attorney a engagemeat of the law
firm of Leibowitz a Associates, P.A. is hereby authorized to
provide advice, analysis, counsel and other related services
regarding the City of Miami's existing cable television license
agreement and consideration of a franchise renewal, with funds
thereforg 14 an amount not to exceed ¢100,000,00, hereby
r
allocated from the Bpeoial Programs and Account■ fund for ■aid
services.
-3-
98- 524
City of Miami computer ID:305-416-2150 MAY 18'98 117:00 No.011 P.18
Section ,a. This Resolution shall become effective
in diately upon its adoption.
PASSED A14ED ADOpTB[i this 26th
ATTEST:
C1W CLzix
EVDt4RTARY AEU FIRRMCI" REVZXNs
ASSISTANT CITY
A RO V ZD AS ♦ V iOM AM WRRa S :
A. c!'
CITY'
AP:868s S�
-4-
If
95.
98-- 524
City of Miami computer ID:305-415-2150 MAY18'98 17:00 No.011 P.19
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
*o Honorable Mayor and Members of DATE
the City Commission
SUBJECT
i IN
KROM a_ fo ACPC_RE►�CES
City Alto
ENCLOSURES.
October 17, 1995 FILE J_9S-6
Authorizing engagement of
Leibowitz & Associates, P,A.
Cable TV License Ranewal
(1)
It is respectfully recoaaaended that the City Coumission
authorise the City Attorney' et: engagement of the law first of
Leibowitz & Associates, P.A. to provide legal advice,
analysis, Counsel, -and- other related services regarding the
existing cable television license agreement and the eity's
consideration of a franchise renewal. Funds in an amount not
to exceed $100,000.00 are available from the Special
Program and Accounts Fund !or said services.
On October 190 1981, the City Cotamiseion adopted Cable
Television License Ordinance No. 9332, as amended (the
"Ordinance"), granting a Nonexclusive License to Miami Tele-
Cc mmanications, Inc. and Americable of Greater Miami, Ltd.
("TCS") for the privilege to use streets and public ways
within the municipal boundaries of the City to construct,
operate and maintain a cable television system (the
"License"). The term of the TCI License commenced on
November 19, 1981 for 15 years. The term of the License may
be renewed for 15 years according to the License renewal
procedure outlined in the Ordinance which includes the
following steps: •
public notice is given seeking comumity
comment on all areas of performance by the
licensee;
an investigation is conducted to determine
satisfactory performance of technical
developatento, performance of the system,
prograartiag, other services offered, cost of
service, and any other requirlllenent set forth
in the ordinance)
98- 524
City of Miami computer ID:305-416-2150 MAY 18'98 17:00 No.011 F.20
Honorable Mayor and Members October 17, 1995
of the City COMYtI33iOn Page 2
.. a special inquiry is conducted as to whether
the liceusae has provided equipment,
facilities and personnel to acid access
channel users;
the licensee's annual reports made to the
City or FCC are consid"ed;
TCI,o financial compliance is reviewed;
TCIIa technical compliance is reviewed;
the City Manager prepares and submits a
public report to the City Commission setting
forth the results of -the investigation;
• after receipt of the City Manager's report,
the City Cactmission holds a public hearing on
the question of renewal of the license.
In order to conduct a thorough investigation and to prepare
the public report: required by ordinance, it will be
necessary for the City to engage the professional services
of a lax firm possessing experience in negotiating franchise
renewals with major cable operators. The law firm of
Leibowitz a Associates, P.A. has represented numerous
cities and counties in cable television matters, including
the initial award of franchises, renewals and modification, ,
rate relation, customer services regulation and franchise
fee audits.
cc: Cesar H. vdio, City Manager
AP . bss : WOSJL
9 8 -- 5 4
City of Miami computer
TO:
mom :
i
i,
ID;305-416-2150 MAY 18198
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
17:01 No.011 P.21
The Honorable Mayor and Members DATE : April 7,1999
of the City Commission
sua,ECT : Resolution Authorizing
the Legal Savioes of
Leibowitz & Assoc., P.A.
REFrRBNCW .
ENCLOSURES:
Manager
RECOMMENDATION:
FILE :
Tt is respectfully recommended that the City Commission Authorize the City Attorney's
engagement of tha law firm of Last`buwitz and Associates, P.A., to Provide . advice o,
analysis, counsel, and odw related services regarding the City of Miami's existing cable
television lice= agrecamt and any rowwal, modification, Uaosfer, or related matti=.s-
Flmds in an amount not to exceed $135,000 are to be allocated from account code
001000.921002.6.270 for said services.
BACKOROUM.,
Leibowitz and Associates, P.A., was origivall,y retained to provide advice, analysis,
counsel to the City regarding the wd sting cable television license agmiuncat and f w�hw
renewal in an amount not to exceed $100,0W in accordance with Reaolutionn No. 95-744.
These funds had been folly wq"ded by January, 1998. It is neoessary for the City to
apge the professional services of a law firm powming-ogmience and expertise in the
area of cmaawaicstions law and specif3calIy cable television law to provide advice,
analysis and counsel to the City on a continuing basis to assist the City in the renewal,
modification, transfer, or related matters in regard to the City's Wdatiing cable television
license agrocment. This expenditure is to be allocated from account code 001000.921002.6. 270.
W
JGPI=tJ& ecb
98- 524
City of Miami computer
ID:305-416-2150 MAY 18'98 17:01 No.011 P.22
J•98.412
4/819E
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY ATTOANEY TO
ENGAGE THE LAW FIRM OF LEIBOWITZ AND ASSOCIATES,
P.A. AS OUTSIDE COUNSEL, IN AN AMOUNT NOT TO
EXCEED E 135,000, TO PROVIDE ADVICE, ANALYSIS, AND
RELATED SERVICES REGARDING THE CITY OF MIAMI'S
RX18TING CABLE TELEVISION LICENSE AGREEMENT AND
ANY RENEWAL, MOOIRICATION, TRANSFER, OR RELATED
MATTERS THEREOF: ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE
WHEREAS, the law firm of Leibowitz.and Associates, P.A. was originally retained to
Provide advice, analysis, and cvunsel to the city regarding the existing cab* television
Iicense aprssrnent and franchise renewal In on amount not to exceod ,4100,000 purMnt
to Resolution No. 9$-744; and
WHEREAS, the above funds were fully expended in January. 1998, and It is
necessary for the city to again engage the services of said law firm, in an amount not to
exceed $135,000, . for the provision of renewal, modification, transfer, or related matters
regarding the city's existing.cable television license agreement;
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 refergncu thereto and Incorporated herein as if fully set forth in this
Section.
7
C
98- 524
City of Miami computer ID:305-416-2150 MAY 18'98 17:02 No.011 P.23
Section 2. The City Attorney is hereby authorized to engage the law firm of
Leibowitz and Associates, P.A., as outside counsel, to provide advice, analysis and related
services regarding the City of Mlerni's existing cable television license agreement and any
renewal. modification, transfer, of related manors thereof, with funds therefor hereby
allocated frown Account Code No. ,
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this dale of
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED 8Y:
YAMILE TREHY
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOEL EDWARD MAXWELL
INTERIM CITY ATTORNEY
W 2450:CSK
JOE CAROLLO, MAYOR
98- 524