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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