2005-059 Legal Agreement for Cable Leibowitz and AssociatesRESOLUTION 59-2005
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYORAND VILLAGE CLERKTO ENTER INTO
AN AGREEMENT WITH LEIBOWITZ & ASSOCIATES, P.A., ATTACHED AS EXHIBIT "A",
WHICH AGREEMENT PROVIDES THE VILLAGE WITH LEGAL REPRESENTATION
WITH RESPECT TO CABLE AND TELECOMMUNICATIONS ISSUES; 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, Florida, does hereby approve
the agreement with Leibowitz & Associates, P.A., attached as Exhibit "A", which agreement provides
the Village with legal representation with respect to cable and telecommunications issues.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
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.
PASSED AND ADOPTED THIS 14th DAY OF JIT
(Village Seal)
ATTEST:
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VILLAGE CLERK
LEIBOWITZ & ASSOCIATES, P.A.
JOSEPH A. BELISLE SUITE 1450 TELEPHONE (305) 530.1 322
ILA L. FELD SUNTRUST INTERNATIONAL CENTER TELECOPIER (305) 530.9417
MATTHEW L. LEIBOWITZ ONE SOUTHEAST THIRD AVENUE E-MAIL FIRM@BROAOLAw.coM
ELENI C. PANTARIDIS MIAMI, FLORIDA 331 3 1 -1 71 5
DANIEL MARGOLIS
ATTORNEY-CLIENT AGREEMENT
This is to set forth the proposed agreement between the Village of North Palm Beach,
FLORIDA and the Law Firm of LEIBOWITZ & ASSOCIATES, P.A.
The Law Firm is available to provide to the Village legal advice with respect to cable and
telecommunications issues. In general, such services include, but are not limited to, negotiating
new cable television franchises, modifications and renewals of existing franchises, providing
advice and counsel with respect to transfers, drafting telecommunications ordinances (i. e., cable,
telephone, satellite antenna and tower), drafting franchise agreements, negotiating tower leases,
supervising technical and financial compliance audits, and representing the Village before the
Federal Communications Commission ("FCC").
Legal Fees and Costs
The Firm shall, in general, provide legal services to in connection with cable and
telecommunications at the blended hourly rate of Two Hundred Thirty and No/100 Dollars
($230.00) for all attorney time (Option "A"). In the alternative, at the Village's option, the Firm,
as Option "B" will provide such services at the Firm's current hourly rates for individual attorneys
listed below:
Matthew L. Leibowitz $450.00
Joseph A. Belisle 325.00
Ila L. Feld 300.00
Eleni C. Pantaridis 180.00
Other Attorneys 150.00
Paralegal S 5.00
We review and adjust our fee structure annually.
In addition to fees, Leibowitz & Associates shall be entitled to payment of all out of
pocket expenses and reimbursements including, without limitation, travel outside of Miami-Dade
County, Florida, long distance telephone calls, air express charges, printing and hand-delivery.
Photocopies are billed at the rate of twenty five cents ($0.25) per copy and facsimile transmissions
are billed at Two and No/100 Dollars ($2.00) per page. Retaining of outside professionals,
including but not limited to, accountants and engineers incurred as a result of the above
referenced service, shall be approved by the Village prior to being incurred and shall be billed to
the Village at cost.
We bill on a monthly basis for work performed and costs incurred. Each statement will
'-' reflect service rendered through the twenty-fifth (25th) day of the month. All sums due and costs
incurred are due and payable upon receipt of our invoice and shall accrue interest if outstanding.
All sums due for services ;rformed will be billed monthly. Ala ;barge of one-half percent
(12%) per month will be charged on amounts due and payable for more than thirty (30) days.
If any statement is not paid within sixty (60) days, we reserve the right to discontinue legal
services. However, we will not discontinue services without giving you prior notice, suggesting
employment of other counsel, allowing reasonable time to employ other counsel, delivering all
papers and property to which you are entitled and which we are obligated to deliver, and
cooperating with counsel subsequently employed to ensure that your interests will not be
prejudiced by the discontinuance. If necessary, we will employ collection services to ensure
payment of overdue accounts, which shall be litigated exclusively in the appropriate state court
having subject matter jurisdiction, and venue shall be in Miami-Dade County, Florida.
Either party may terminate this Agreement without cause by giving three (3) days prior
written notice, provided that the Law Firm is paid for services rendered through the date of
termination.
The undersigned agrees that this Agreement is executed in and shall be governed by the
laws of the State of Florida. Accordingly, the parties hereto agree that any disputes arising from
this Agreement, including actions to collect unpaid overdue accounts, shall be litigated exclusively
in the appropriate state court having subject matter jurisdiction, and venue shall be in Miami,
Dade County, Florida.
We look forward to a long an mutually satisfactory relationship. If you have any
questions regarding the above, please do not hesitate to communicate with me.
Please acknowledge your understanding of and willingness to abide by this Agreement by
signing the attached copy in the space provided and returning it to our office.
The undersigned has read the foregoing and consents to the terms and conditions therein.
ACCEPTED this 14th day of Jam, 2005.
The Village of North Palm Beach,
FLORIDA hereby agrees to retain the Law
Firm of LEIBOWITZ & ASSOCIATES,
P.A., pursu t to Option ~ described
above.
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By: ATTEST : ~~~'-/~~~
dward M. Eissey, P Melissa Tea
Mayor Village Clerk
Date: y~l~ /~~ ~DD~S
Matt ew L. Leibowitz, Esq.
Principal
Date: ~-°~~-QS
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