HomeMy WebLinkAbout1994-42 Legal Services Agrmt - Cable TV1
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RESOLUTION NO. 42-94
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A LETTER AGREEMENT WITH
LEIBOWITZ & ASSOCIATES, P.A. DATED
JUNE 16, 1994, ATTACHED AS EXHIBIT
"A" FOR THE PURPOSE OF SECURING
LEGAL REPRESENTATION IN THE AREA OF
CABLE TELEVISION RELATED MATTERS;
AND, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach does hereby approve the Letter Agreement with Leibowitz
& Associates, P.A. dated June 16, 1994, attached as Exhibit "A"
for the purpose of securing legal representation in the area of
Cable Television related matters.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Letter Agreement with
Leibowitz & Associates, P.A. set forth in Exhibit "A" for and on
behalf of the Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately
upon its adoption.
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PASSED AND ADOPTED THIS 13TH DAY OF OCTOBER
(Village Seal)
AT`PESTT/. , l ilLiJl,!// ChM
VILLAGE CLERK
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, 1994.
JU1J-16-94 THU 12:09 LEIHOWITZ&ASSOCIATES
FAX HO. 3055309417 P. 03
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MATTHEW L LEIBOWITZ
JOSEPH A. srV5LE
ILA L. FELD
KARSTEN AMLIE
OF COUNSEL
AARON P. SHAINIS •
LEE PELTSMAN•
SANFORO L. ROHRER
• NOT ADMITTED TO
FLORIDA BAR
LEIBOWITZ 8c AssoCIATEs, P.A.
SUITE 1450
SUNBANK INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
MIAMI, FLORIDA 93131-ITIs
TELEPHONE (30S) 63O-I322
TELCCOPIER (305) 530-9417
June 16, 1994
Mr. Dennis W. Kelly
village of North Palm Beach
501 US Highway 1
North Palm Beach, Florida 33408
SUITE 600
IPSS P].o STREET. N.W.
WASHINGTON. O.C. 20037
Dear Mr. Kelly:
This letter is to set forth the Agreement of the Village of
North Palm Beach to retain the Law Firm of Leibowitz &
Associates, P.A. as Special Counsel for the purpose of
representing the Village in the area of cable television related
matters, on an as needed basis, as determined by the Village.
specifically, the Firm will provide services inoluding but
not limited to those discussed below.
Advise the Village regarding new federal cable statutes
and FCC rules and regulations and implementing the statutes,
including but not limited to, rate regulation, customer service
and cable technical standards; and assist the Village in
implementing these rules and regulations and other legal matters
related to the provision of cable television services.
Advise and represent the Village in the process of rate
regulation including, but not limited to, evaluation of cable
operator rate requests, recommendation in regard to qualified
accounting firms and the hiring and supervision of same, and
representation in any administrative litigation before the PCC.
• Review existing cable television franchise agreements
and ordinances and, where applicable provide recommendations
regarding any modifications thereto and drafting of same,
including, but not limited to, incorporation of enhanced customer
service standards.
When applicable, assist the Village in negotiating,
drafting and implementing new and/or revise cable television
franchise agreements.
JUN 1.6 94 TIIU 12:10 LEIUOWITZ&ASSOCIATES
FAX NO. 3055309417 P.04
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Mr. Kelly
June 16, 1994
Page - 2 -
• Advise the Village and review, modify or, where
applicable, draft SMATV ordinances.
• Presentation and/or attendance at Village meetings and
preparation of necessary reports to the Village Commission.
Matthew L. Leibowitz will be the attorney primarily
responsible for the Village'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 of out-of-pocket expenses and reimbursements, including
without limitation, long distance telephone calls, air express
charges, printing, hand delivery, travel, lodging and filing
fees. Photocopies are billed at the rate of 25 cents per copy
for the first 1,000 pages and 20 cents thereafter. Faosimile
transmissions are billed at the rate of $2.00 per page.
All fees and expenses will be billed monthly and payable
within thirty days of billing. Billing statements will identify
the individual attorney and the amount of time involved in the
work.
If the foregoing meets with your approval, please so
indicate by signing this letter where indicated and returning an
executed copy to our office for our records.
We look forward to working with you and the other Village
officials on this very exciting projeot.
Sincerely yours,
9)/4012104-&06094,2.
Matthew L. Leibowitz
The undersigped, being duly authorized, hereby accepts this
engagement
By:
Date: October 13. 1994
Village Clerk