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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0551 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 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 E TI N : All resolutions or parts of resolutions in confli herewith are hereby repealed to the extent of such conflict. 1 2 3 4 5 6 7 e 9 10 11 12 2 Temp.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