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2002-045 Legal Services Agrmt - Cable & TelecommunicationsRESOLUTION 45-2002 • 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 AN ATTORNEY/CLIENT AGREEMENT WITH LEIBOWITZ & ASSOCIATES, P.A., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING LEGAL ADVICE AND REPRESENTATION WITH RESPECT TO CABLE AND TELECOMMUNICATIONS ISSUES AND TO REPRESENT THE VILLAGE IN CONJUNCTION WITH THE LAW FIRM OF RICE, PUGATCH, ROBINSON & SCHILLER, P.A., IN MATTERS RELATED TO THE VILLAGE'S CABLE TELEVISION FRANCHISE WITH SOUTHEAST FLORIDA CABLE, INC., D/B/A ADELPHIA CABLE COMMUNICATIONS (ADELPHIA), INCLUDING ISSUES IN CONNECTION WITH ADELPHIA'S PENDING BANKRUPTCY PROCEEDING; 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 attorney/client agreement with Leibowitz & Associates, P.A., attached as Exhibit "A", which agreement is for the purpose of securing legal advice and representation with respect to cable and telecommunications issues and to represent the Village in conjunction with the law firm of Rice, Pugatch, Robinson & Schiller, P.A., in matters related to the Village's cable television franchise with Southeast Florida Cable, Inc., d/b/a/ Adelphia Cable Communications (Adelphia), including issues in connection with Adelphia's pending bankruptcy proceeding. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the attomey/client 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 22nd DAY OF AUGUST, 2002. • LEII30WITZ 8c ASSOCIATES, P.A. SUITE 1430 • JOSEVH A. eELiSLE SUNTRUST INTERNATIONAL CENTER TELEPHONE 13051630-1322 ILA L. FELD ONE SOUTHEAST THIRD AVENUE TELECOPIER l305)530~941] MATTHEW L. LEIBOWITZ MIAMI, FLORIDA 33131-1]16 E-MAIL Flf+fl®bfOadBW.COff1 ATTORNEY-CLIENT AGREEMENT This is to set forth the proposed agreement between the VILLAGE OF NORTH PALM BF,ACII ("Village"), and the Law Firm of LEIBOWITZ & ASSOCIATES, P.A. 7'he 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"). The scope includes the representation by the Law Firm of Leibowitz & Associates in conjunction with the Law Pirm of Rice Pugatch Robinson & Schiller P.A. of [he Village of North Palm Beach in matters related to the Village's cable television franchise with Adelphia including, but not limited to, issues in connection with Adelphia's pending Bankruptcy proceeding. However, fees incurred with respect to work performed directly in connection with representation of the Village in the bankruptcy proceeding shall not exceed Five Thousand Dollars ($5,000.00) without the Village's prior authorization. Lega! Fees a2+d Costs The Firm shall, in general, provide legal services in connection with cable and telecommunications at the blended hourly rate of Two Hundred Dollars ($200.00) 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 $ 425 Joseph A. Belisle 325 Ila L. Feld 300 Senior Paralegal ]25 Junior Paralegal 85 We review and adjust our fee structure annually. Matthew L. Leibowitz or Ila L. Feld will be the attorneys primarily responsible for all legal work performed by the Firm for the Village. In addition to fees, Leibowitz & Associates shall be entitled to payment ofall out ofpocket 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 dollars ($2.00) per page. Travel time is billed at the hourly rate provided for in this agreement plus cos[sincluding mileage, gas and G \AdininV2etelners\NOrthPelmBcach 0812 wpd tolls. Ketaining 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 (25`^) 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 performed will be billed monthly. A late charge of one and one-half percent (1'h%) 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 inMiami-Dade County, Florida. Either party may terminate this Agreement without cause with three (3) days prior written notice, provided that the Firm shall be paid for services rendered through the date of termination. 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 22nd day of August , 2002. LEIBOWITZ & ASSOCIATES, P.A. By: Matthew Leibo VILI,AGF, OF NORTH PALM BEACH, FLORIDA hereby agrees to retain the Law Firm of LEIBOWITZ & ASSOCIATES, P.A., pursuant to O on -_~_ described ve. i By: Title: h1d Date: 4 Q • G\Adniin'Jtetainers\NOnhPalmBcach 0817 wDd At t: ilage Clerk LEIBOWITZ Bc ASSOCIATES, P.A. SUITE 1450, ONE SOUTHEAST THIRD AVEN VE, MIAMI, FLORIDA 33131-ISIS • TELEPHOME (3061 530-192 2