HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0551
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Temp. Reso. #6672
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-94- -5�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT RETAINING THE LAW FIRM OF LEIBOWITZ
& ASSOCIATES, P.A. AS OUTSIDE COUNSEL FOR THE
PURPOSE OF REPRESENTING THE CITY OF TAMARAC
IN THE AREA OF CABLE TELEVISION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tamarac, Florida deems it
to be in the best interests of the citizens and residents of the City o1
Tamarac to enter into an Agreement with the law firm of Leibowitz &
Associates, P.A. to represent the City of Tamarac in the area of cablo
television.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
OF TAMARAC, FLORIDA:
SECTION 1:
That the
foregoing
"WHEREAS"
clause is
hereb
ratified and confirmed
as being
true and
correct and
is hereby
made
specific part of this resolution.
SECTION 2: That the appropriate City officials are hereb
authorized to execute an Agreement with Leibowitz & Associates, P.A., t
provide outside counsel for the purpose of representing the City in th
area of cable television, (a copy of the Agreement is attached hereto a
"Exhibit A" and made a part hereof.)
E TI N : All resolutions or parts of resolutions in confli
herewith are hereby repealed to the extent of such conflict.
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Temp. Reso. #6fi7.
SECTION 4: If any clause, section, other part or application i
this Resolution is held by any court of competent jurisdiction to b
unconstitutional or invalid, in part or application, it shall not affect th
validity of the remaining portions or applications of this Resolution.
SECTION L. This Resolution shall become effectivf
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of 46A�L
1994.
NORMAN ABRAMOWITZ'�
MAYOR G
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
ha" --.,,approved this
SQL TION as to form.
MITCHELL S. KAA
CITY ATTOR EY
[CableCounsel.ms]
RECORD OF COUNCIL VOTE
MAYOR -- -
ABRAIV OWITZ
DISTRICT 1:
V / M ISA-FZ
DISTRICT2:
C / M MISI-IKIN
DISTRICTS- ._
e / N4 SCHREIBER„r
DISTRICT4:
C / W MACHEK
11
►�pR-14 34 THU 16:02 LEIBOWITZ&ASSOCIATES FAX NO. 3055309417
MATTMKW L. LEIBOWITZ
JCSEPFI A. CELI*LC
ILA L. FTLO
OF COUNtltL
AARON P. SNAINIS
LEE PELTZMAN'
SANFORO L. SOMRER
NOT A9041TTE0 TO
11%0RIOA BAN
Mitchell Kraft
LEieOWITZ & A.ssOCIATEs, P.A.
SUITE 1430
SUNSANNINTERNATIONAL CENTER
ONC SOUTHEAST THIRD AVENUE
MIAMI. •LORIDA 31121-4713
TELRPNONC (303) 830-1388
TELRGOrIZR 4305) 330-9417
February 16, 1994
• City of Tamarac
City Attorney
76525 N.W. Bath Avenue
Tamarac, Florida 33321-2401
Dear Mr. Kraft:
P. 02
surr a sea
ISBN aS*o /TOReT. N.W.
1TASHIRdT01d. C.C. 20037
This letter is to set forth the Agreement of the City of
Tamarac, Florida to retain the Law Firm of Leibowitz & Associates
as cable counsel for the purpose of representing the City in the
area of cable television, including specifically the following
areas which will be done on an as needed basis as determined by
the City after appropriate advise from cable counsel:
A. services that shall 12p, DrovIded a o
where the City SJqcts t0 ipar-ticipate with Lauderbill.-
Sunrise, and TAMMXac. Each participating city will be billed on
a pro rata basis in accord with the percentage of total subscribers
represented by•each city, adjusted on a semi annual basis.
1, hyglicable Lawi Advise the cities regarding new
federal cable statutes and FCC rules and regulations and
implementing the statutes, including but not limited to, rate
regulation, customer services and cable technical standards.
2. Advise and represent the
cities in the process of cable television rate regulation including
evaluation of cable operator 393 rate requests; preparation of
written recommendations based on the initial 393 submission; and
administrative litigation at the FCC with respect to rate
regulation. Tf necessary, the Law Firm will provide a list of
qualified accounting firms and upon acceptance of same. or all of
the accounting firms, will retain and oversee -a specific firm for
the purpose of analyzing the rate request.
- .3. Upper TieTieg Rate gegUlation: Assist in preparing
a substantive rate complaint regarding upper tier programming.
•
NPR-:4-94 THU 16:02 LEIBOWITZ&ASSOCIATES FAX NO. 3055309417 P,03
page Two
�_ 9 �. ss
4, F- Pavmenta: supervise an
audit of franchise fees due under the present franchise agreements
and represent -the cities in any negotiations and/or litigation in
connection with the collection thereof. The Law Firm will provide
a list of qualified accounting firms and upon acceptance of some
or all of the accounting firms, will retain and oversee a specific
firm for the purpose of auditing the cable operator's payment of
franchise fees.
5. custgaer Sgrvice Assist the cities (not
including Sunrise) in augmenting current franchises to incorporate
customer service standards at or above the minimum levels provided
• in the 1992 Cable Act, including drafting revised customer service
provisions for inclusion in existing franchise agreements.
is
S. Services that she b ids a a as
r!ZgRVs&inq_rame-
1. Eatff ReCiUlation C Assist in the
preparation of rate regulation certification materials and filing
of same with the Federal Communications Commission, in Washington,
D.C. for any cities not previously certified.
2. 5e inars/Meetings/Presentations : Presentation
and/or attendance at city meetings as requested on an individual
city basis, including, presentation of the rate regulation
recommendation.
3. ranchi e e Review existing cable
franchise agreements and ordinances and, where applicable, provide
recommendations regarding any modifications thereto and drafting
of same.
4. SUM; Revise and/or draft SMATV ordinances where
applicable.
Matthew L. Leibowitz will be the attorney primarily
responsible for the City's work for services rendered in connection
with the scope of work defined by this agreement. We will bill all
attorney time at the blended rate of $175 per hour. In addition
to fees, Leibowitz & Associates shall be entitled to payment f
out-of-pocket expenses and reimbursements, including
out
limitation, long distance telephone calls, air express charges;
printing and hand delivery. Photocopies are billed at the rate of
.25 cents - per copy 'for the first 1,000 pages and .20. cents
thereafter. Facsimile transmissions are billed. at the rate of
'$2.00 per page. Travel outside of_Dade and Broward counties -and
lodging, and retaining of outside professionals, incurred as a
0
0
0
APR-14--94 THU 16:03 LEIBOWITZ&ASSOCIATES
FAX NO, 3055309417
P. 04
e� QI + -5
Page Three
result of the above -referenced services shall be approved by the
City prior to being incurred.
All fees, and Qxpensess will be billed monthly and payable
Within i thirty
attorney ys of billing.
andngthe identify
Ofilling time statements n olved dintthe
the individual
work.
This Agreement shall be for a term of one year,
from the data
this Agree ent is t an timecbypeither ted y the city or Leibowitz Associathe City. However, it may be
tes
Y
upon receipt of 30 days written notice.
If the foregoing letter masts whereith indicat approval,our nd r urning lease an executed
icate
by signing this
copy to our office for our records.
we look forward to working with you and the other city
officials on this very exciting project•
sincerely yours,
atthew L. Lei
The undersigned, being duly authorized, hereby accepts this
engagement. CITY OF T C
By 6 VVY By
Robert S. Noe, Jr. oiman Abramowitz
City Manager
Date: /g / 9 9
ATTEST:
�]
Carol A. Evans, CMC,City Clerk
as to to .:
11 S. K ty