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HomeMy WebLinkAboutR-84-0605J-84-278 3/26/84 RESOLUTION NO. 84&-605 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH LAW FIRM OF ARNOLD A14D PORTER, IN AN AMOUNT NOT TO EXCEED $125,000 IN CONNECTION WITH SERVICES IN CONJUNCTION WITH REPRE- SENIIATION RELATTNG TO THE CABLE TELEVISION LICENSE FEE WAIVER PETITION PENDING BEFORE THE FEDERAL COMMUNI- CATIONS COMMISSION ON BEHALF OF THE CITY OF MIAMI, AND FOR OTHER LEGAL SERVICES THAT MAY BE REQUIRED IN CONJUNCTION WITH THE CITY'S CABLE TELEVISION LICENSE ORDINANCE. WHEREAS, on December 8, 1983, the City Commission adopted Resolution No. 83-1107, which extended the professional services agreement authorized in Resolution No. 82-602; and WHEREAS, Resolution No. 82-602 authorized the City Manager to utilize the law firm of Arnold and Porter for preparing a Cable Television License Fee Waiver Petition; and WHEREAS, Resolution No. 83-1107 authorized the City Manager to utilize the law firm of Arnold and Porter for other legal services in conjunction with the City's cable license ordinance; and WHEREAS, further expert services of Arnold and Porter will be required in conjunction with various license ordinance implementation issues and performance audit projects by the City Manager; and WHEREAS, the City's fee waiver petition will need further expert services of Arnold and Porter in Washington, D.C. to conduct and snake all presentations necessary to achieve the FCC's approval of the fee waiver petitions; and WHEREAS, the services of Arnold and Porter are to be coordinated by the City Manager and assisted by the City Attorney; F �iNNl1S8jON J TC 0p 1984 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FL0I3TDA: Section 1. The City Manager is hereby authorized to extend the professional services agreement with the law fir;n of Arnold and Porter for the purpose of conducting and making all presentations necessary to achieve the FCC's approval of said fee waiver petition on behalf of the City of ;Miami, and to include other legal services that may be required with various license ordinance implementation issues and performance audit projects in conjunction with the City's cable license ordinance. Section 2. A sum not to exceed $125,000 is hereby allocated from the amount appropriated for Special Revenue Funds, Cable Television. PASSED AND ADOPTED this 24th day of May 1984. ATTEST: 1ULPM G. ONGIE, CITY CL PREPARED AND APPROVED: A.r QU P JO J DEPUT CITY T ORNEY APPROVED AS TO FORM AND CORRECTNESS: i r E R. GARCIA-PEDROSA JrITY ATTORNEY MAURICE A. FERRE M X Y 0 84-605 ARNOLD & PORTER SERVICES TO THE CITY OF MIAMI AS OF FEBRUARY 19814 Project Phase Principal Time Period I. LICENSING PROCESS A. Assistance in refining the characteristics of the cable television system that the City would require; legal research into issues per- taining to an .agreement with the successful applicant; drafting of proposed cable ordinance; assistance in con- nection with the negotiations of the terms of the cable license. July - Sept. 1981 B. Assistance in connection with negotiations arising from City Commission suggestion that'a joint venture licensee be created; research into related legal issues; assistance in con- nection with litigation arising out of the granting of the cable license. Oct. - Nov. 1981 C. Assistance in review of finan- Dec. 1981 - Apr. 1982 cial, technical and other plans required by the ordinance. II. ACCESS A. Assilstance in preparation of City tanager's report regard- ing the creation of the Miami Community Access Corporation. III. FEE {�AIVKR PETITION A. Preparation of pcstition to the Federal Communications Commission caeeking a waiver of the Commission's 3% fee limitation; responses to briefs in opposition; as- sistance in review of cable licensee's proposed finan- cing agreement. IV. ORDINANCE CRANGES AND PENALTIES A. Assistance in formulating positions in response to ordinance changes proposed by cable licensee and in preparation of City Manaager's annual report. B. Legal research and assistance in negotiation in connection with the City Manager's imposition of penalties. May 1982 June 1982 - Nov. 1983 Dec. 1983 - Jan. 1964 Feb. 1984 i CITY OF MIAP4l, F'R.(7F?iDA I INTER -OFFICE MEMORANDUM TO Howard V. Gary City Manager DATE May 16, 1984 F(LE SUBJECT. FROM _ ark Mer ill REFERENCES: Assistant to the City Manager for Intergovernmental Affairs/Cable C R 5 Resolution Extending Professional Services Agreement of Arnold & Porter EN LOSU E Resolution It is recommended that the attached Resolution authorizing the City Manager to extend the professional — o services agreement with the law firm m :a of Arnold & Porter in an amount not to exceed $125,000 be presented to the 7-1�. commission for their approval. .- o - - C:p The law firm of Arnold & Porter has provided the City of Miami with assistance in preparation of the Citys' Cable Television License Ordinance in 1981 and have given valuable legal assistance in the area of implementation of the ordinance since that time:. The attached list summarizes their services through February, 19814. The continuation of their professional services are needed for the purpose of reviewing various license ordinance implementation issues and conducting the performance audit. In addition, the City's fee waiver petition, prepared and filed by Arnold & Porter, presently and now .pending before the FCC will need further expert services in Washington, D.C. as are necessary to achieve approval of the fee waiver petition. It is recommended that the Commission adopt this Resolution. Encl. 84-605: TO. Howard V. Gary City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM M DATE: M a y 1 6, 1984 FILE: SUBJECT: Resolution Extending Professional Services 41:1141C 61I -O" Agreement of Arnold & FROM. '�-- ark Merrill REFERENCES: Porter Assistant to the City Manager for Intergovernmental Affairs/Cable ENCLOSURES: Resolution It is recommended that the attached Resolution authorizing the City Manager to extend the professional services agreement with the law firm of Arnold & Porter in an amount not to exceed $125,000 be presented to the commission for their approval. The law firm of Arnold & Porter has provided the City of Miami with assistance in preparation of the Citys' Cable Television License Ordinance in 1981 and have given valuable legal assistance in the area of implementation of the ordinance since that time. The attached list summarizes their services through February, 1984. The continuation of their professional services are needed for the purpose of reviewing various license ordinance implementation issues and conducting the performance audit. In addition, the City's fee waiver petition, prepared and filed by Arnold & Porter, presently and now pending before the FCC will need further expert services in Washington, D.C. as are necessary to achieve approval of the fee waiver petition. It is recommended that the Commission adopt this Resolution. Encl. 84--605 3/26/84 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH LAW FIRM OF ARNOLD AND PORTER, IN AN AMOUNT NOT TO EXCEED $125,000 IN CONNECTION WITH SERVICES IN CONJUNCTION WITH REPRE- SENTATION RELATING TO THE CABLE TELEVISION LICENSE FEE WAIVER PETITION PENDING BEFORE THE FEDERAL COMMUNI- CATIONS COMMISSION ON BEHALF OF THE CITY OF MIAMI, AND FOR OTHER LEGAL SERVICES THAT MAY BE REQUIRED IN CONJUNCTION WITH THE CITY'S CABLE TELEVISION LICENSE ORDINANCE. WHEREAS, on December 8, 1983, the City Commission adopted Resolution No. 83-1107, which extended the professional services agreement authorized in Resolution No. 82-602; and WHEREAS, Resolution No. 82-602 authorized the City Manager to utilize the law firm of Arnold and Porter for preparing a Cable Television License Fee Waiver Petition; and WHEREAS, Resolution No. 83-1107 authorized the City Manager to utilize the law firm of Arnold and Porter for other legal services in conjunction with the City's cable license ordinance; and WHEREAS, further expert services of Arnold and Porter will be required in conjunction with various license ordinance implementation issues and performance audit projects by the City Manager; and WHEREAS, the City's fee waiver petition will need further expert services of Arnold and Porter in Washington, D.C. to conduct and make all presentations necessary to achieve the FCC's approval of the fee waiver petitions; and WHEREAS, the services of Arnold and Porter are to be coordinated by the City Manager and assisted by the City Attorney; 84-605 1 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to extend the professional services agreement with the law firm of Arnold and Porter for the purpose of conducting and making all presentations necessary to achieve the FCC's approval of said fee waiver petition on behalf of the City of Miami, and to include other legal services that may be required with various license ordinance implementation issues and performance audit projects in conjunction with the City's cable license ordinance. Section 2. A sum not to exceed $125,000 is hereby allocated from the amount appropriated for Special Revenue Funds, Cable Television. PASSED AND ADOPTED this day of 1984. MAURICE A. FERRE M A Y ATTEST: RALPH G. ONGI , CITY CLERK PREPARED AND APPROVED A. QUINN JONES DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA CITY ATTORNEY AL. ■ ARNOLD & PORTER SERVICES TO THE CITY OF MIAMI AS OF FEBRUARY 1984 Project Phase Principal Time Period I. LICENSING PROCESS A. Assistance in refining the July - Sept. 1981 characteristics of the cable television system that the City would require; legal research into issues per- taining to an agreement with the successful applicant; drafting of proposed cable ordinance; assistance in con- nection with the negotiations_ of the terms of the cable license. B. Assistance in connection with negotiations arising from City Commission suggestion that"a joint venture licensee be created; research into related legal issues; assi.-tance in con- nection i,Tith litigation arising out of the granting of the cable license. C. Assistance in review of finan- cial, technical and other plans required by the ordinance. II. ACCESS A. Assistance in preparation of City Manager's report regard- ing the creation of the Miami Community Access Corporation. III. FEE WAIVER PETITION A. Preparation of petition to the Federal Communications Commission seeking a waiver of the Commission's 3% fee limitation; responses to briefs in opposition; as- sistance in review of cable licensee's proposed finan- cing agreement. IV. ORDINANCE CHANGES AND PENALTIES A. Assistance in formulating positions in response to ordinance changes proposed by cable licensee and in preparation of City Manaager's annual report. B. Legal research and assistance in negotiation in connection with the City Manager's imposition of penalties. Oct. - Nov. 1961 Dec. 1981 - Apr. 1982 May 1982 June 1982 - Nov. 1983 Dec. 1983 - Jan. 1984 Feb. 1984 �"" %05