HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-209Temp. Reso. #10824
Page 1 of 2
November 1, 2005
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R2005190�-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPOINTING SAMUEL S.
GOREN, GOREN, CHEROF, DOODY & EZROL, P.A. AS
CITY ATTORNEY FOR THE CITY OF TAMARAC, FLORIDA;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF TAMARAC AND GOREN,
CHEROF, DOODY AND EZROL, P.A.; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission on April 20, 2005 via Resolution #R2005-72
appointed Samuel S. Goren, Goren, Cherof, Doody and Ezrol, P.A. as City Attorney on an
interim basis for the City of Tamarac; and
WHEREAS, Samuel S. Goren, Goren, Cherof, Doody & Ezrol, P.A. has served in
this capacity since that time, and the City Commission has determined that pursuant to
Article XI of the City Charter Samuel S. Goren, Goren, Cherof, Doody & Ezrol., P.A. is
best qualified to serve as City Attorney for the City of Tamarac on a permanent basis; and
WHEREAS, Section 11.01 of the City Charter requires that the appointment of the
City Attorney be made by the City Commission; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interests of the citizens and residents of the City of Tamarac to appoint Samuel S. Goren,
Goren, Cherof, Doody & Ezrol P.A. as City Attorney for the City of Tamarac, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Temp. Reso. #10824
Page 2 of 2
November 1, 2005
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: That the City Commission hereby appoints Samuel S. Goren, Goren
Cherof, Doody & Ezrol, P.A. as City Attorney for the City of Tamarac.
SECTION 3: That the appropriate City Officials are hereby authorized to enter into
the Agreement for Legal Services attached hereto as Exhibit 1.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of1?An&—W005-
ATTEST:
i
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
I I
VOW41A P- -
SAfAUEL S. OOR r
CITY ATTORNEYT
a , , I/L �
JOEtCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
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DIST 2: V/M TALABISC
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS JW4A---
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AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made and entered into the o
day of 2005 by
and between:
K-1011
CITY OF TAMARAC, FLORIDA
a municipal corporation
7525 NW 88 1h Avenue
Tamarac, FL 33321
(hereinafter referred to as "CITY")
GOREN, CHEROF, DOODY, EZROL, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Fl. 33308
(hereinafter referred to as "FIRM")
WHEREAS, on (IMMber qj ?ck 2005, the City Commission
appointed the law firm of GOREN, CHEROF, DOODY & EZROL, P.A. as City
Attorney to handle and supervise the general legal services of the CITY; and
WHEREAS, the FIRM is to be paid an hourly rate of $175.00 per hour which is
not to exceed the budgeted amount adopted annually by the City Commission at its
regular budget meeting, excluding litigation, issuing bond counselor's services, legislative
liaison activities, general ethics matters for administration staff, administrative matters
and proceedings, and additional special services which services may be paid at an agreed
upon hourly or flat rate; and
WHEREAS, the FIRM may bill the CITY for reasonable and ordinary expenses
including, but not limited to, telephone costs, postage, copying costs, facsimiles,
messenger service (i.e. Federal Express), court costs, including but not limited to, filing
fees, service of summons, service of subpoenas, witness fees (including expert witness
fees), court reporter fees, etc., said expenses being in addition to attorney's fees as set
forth in the above Whereas clause;
NOW, THEREFORE,
Each Whereas clause set forth above is included as a term of this Agreement as if
specifically set forth below:
IN CONSIDERATION of the mutual covenants and undertakings and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually covenant and agree as follows:
Section 1. TERM OF AGREEMENT
1.01 This Agreement shall be effective upon execution of the parties
and it shall remain in full force and effect until such time as the Agreement is terminated
as provided for herein or modified by mutual consent of both parties. Approval of the
next year's budget by normal City procedures shall be a renewal and modification of this
Legal Services Agreement.
Section 2. DUTIES OF FIRM
2.01 The FIRM is to handle all general legal services for the CITY and
direct the City Attorney's Office. FIRM shall have the right to utilize any attorney
employed by FIRM for any services rendered to CITY without first obtaining prior
consent of the CITY.
Section 3. FEES AND PAYMENT FOR SERVICES
3.01 The FIRM is to be paid an hourly rate of $175.00 per hour or lesser
sums which will not exceed the budgeted amount adopted by the City Commission at its
regular budget meeting, excluding litigation, issuing bond counselor's services, or other
services required pursuant to public finance matters, legislative liaison activities, general
ethics matters for administration staff and other employees, and additional special
services as requested by the CITY which services may be paid at an agreed upon hourly
or flat rate initially agreed to at the time the supplemental services are required. In
addition, the FIRM may bill the CITY for reasonable and ordinary expenses including,
but not limited to, telephone, postage and copying costs, facsimiles, messenger services,
and court costs, which will include but not be limited to, filing fees, service of summons,
service of subpoenas, witness fees (including expert witness fees), court reporter fees, etc.
Section 4. ASSIGNMENT
4.01 The FIRM shall not assign, or transfer its rights, title or interests in
the Agreement nor shall the FIRM delegate any of the duties and obligations undertaken
by the FIRM without the CITY'S prior written approval.
Section 5. TERMINATION
5.01 This Agreement may be terminated by either party upon thirty (30)
days notice of termination,
Section 6. INSURANCE
6.01 Within ten (10) days of the execution of this Agreement the FIRM
shall provide the City, with a copy of the FIRM'S malpractice insurance (if not already on
file with the City Clerk's office).
Section 7. GOVERNING LAW; VENUE
7.01 The validity, construction and effect of this Agreement shall be
governed by the laws of the State of Florida.
7.02 Any claim, objection or dispute arising out of the terms of this
Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward
County, Florida.
Section 8. ENTIRE AGREEMENT
8.01 This Agreement contains the entire understanding of the parties
relating to the subject matter hereof superseding all prior communications between the
par -ties whether oral or written. This Agreement may not be altered, amended, modified
or otherwise changed nor may any of the terms hereof be waived, except by written
instrument executed by both parties. The failure of a party to seek redress for violation of
or to insist on strict performance of any of the covenants of this Agreement shall not be
construed as a waiver, or relinquishment for the future of any covenant, term, condition
or election but the same shall continue and remain in full force and effect,
Section 9. SEVERABILITY
9.01 Should any part, term or provision of this Agreement be by the
courts decided to be invalid, illegal or in conflict with any law of this State, the validity
of the remaining portions or provisions shall not be affected thereby.
[INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST:
CITY OF TAMARAC, FLORIDA
el It -
i Mayo Joseph Schreiber
-Marion Swenson, City Clerk
►09911 i11UP--3m.— =6WfjR "j
Independent Legal Counsel
GOREN, CHEROF, DOODY & EZROL, P.A.
Y�Omwlh l
Samuel S. Goren, esident
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RECEIVED LAW OFFICES OF
('I�-Y OF TAMARPANDREW S. MAURODIS
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150 N.E. 2ND &NUE 14 ROSE DRIVE
DEERFIELD BEACH, FL 33441 FT. LAUDERDALE, FL 33316
TELEPHONE (954) 480-4265 TELEPHONE (954) 463-9077
TELECOPIER (954) 480-4490 TELECOPIER (954) 463-9027
REPLY TO: DEERFIELD BEACH
November 2, 2005
Jeffrey L. Miller, City Manager
City of Tamarac
7525 NW 88t'Avenue
Tamarac, Florida 33321-2401 t T
RE: Agreement for Legal Services <
rn
Dear Mr. Miller:
I have been asked to review the Agreement for Legal Services between the City
of Tamarac and Goren, Cherof, Doody & Ezrol, P.A. I have reviewed the agreement. I
find the agreement acceptable as to form and one that the City Commission may safely
approve. I also note that it is a reasonable agreement which should serve the City quite
well.
Please let me know if you need any further input.
Sincerely,
k rew S. Maurodis
ASM:jms
cc: Samuel S. Goren, Esquire