1994-042 Legal Services Agrmt - Cable TV1
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
1
BEACH, FLORIDA:
Leibowitz & Associates, P.A. set forth in Exhibit "A" for and on
authorized and directed to execute the Letter Agreement with
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
behalf of the Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately
upon its adoption.
1
PASf.•ED AND ADOPTED THIS 13TH DAY OF OCT06ER 1994.
(Village Seal) ~
MA OR
~~~,/~~ VILLAGE CLERK
1
JUy-]5-94 TNU 12'09 LEINOWITZ&RSSOCIATES FAX N0. 3055309417
MATTHEW L. LEIBOWITL
JOSEPH A. BEVSLE
ILA L. FELD
NARET[N AMLIE
Of COUNSEL
AARON P. SNAIN IS
LCC PELTL MANS
BAN FOflO L. BOHRER
• NOT ADNITTEO TO
fLOR10A BAP
l.EIBOhTITZ $c .AS$OCIATE$, P.A..
EUITG H30
B UNBANN INTERNATIONAL CENTER
ONE EOUTN EAST THIRD AVENUE
MIAMI, FLORIDA 971x1-ITIs
TELEPNON[ (DOE) 030 -13'L2
TELECOPIER (305) 630-B4P
June 16, 1994
Mr. Dennis W. Kelly
Village of North Palm Beaoh
501 U3 Highway 1
North Palm Beach, Florida 33408
P. 03
amrE soo
IP55 P].o aTgIET, N.W.
WAEHMOTON. O.G POO]T
Dear Mr. Kelly:
This letter is to set forth the Agreement of the Village of
North Palm Beaoh 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 including 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 sable 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
accouritinq firms and the hiring and supervision of same, and
representation in any administrative litigation before the FCC.
• Review existing cable television franchise agreements
and ordinances and, where applicable provide recommendations
regarding any modifications thereto anfl 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
Mr. Kelly
June 16, 1994
Page - 2 -
FAX N0. 3055309417 P. O4
• 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 serVioes rendered in
aonneation with the scope of work defined by this agreement. We
will bill all attorney time at the blended rate of 5175 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 Dents per copy
for the first 1,000 pages and 20 cents thereafter. Facsimile
transmissions are billed at the rate of S2.o0 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 indiaatefl 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,
Matthew L. Leibowitz
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The unders
being duly authorized, hereby accepts this.
Date: October 13. 1994
T:
~~
Village Clerk