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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-097TR #12552 September 17, 2014 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS, TO APPROVE AND EXECUTE THE ATTACHED SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE CITY OF TAMARAC AND THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the CITY OF TAMARAC entered into an agreement with the law firm of Goren, Cherof, Doody & Ezrol, P.A. as "City Attorney in April 2005; and WHEREAS, the City entered into an Amendment to the Agreement on September 8, 2008; and WHEREAS, the retention of the law firm of Goren, Cherof, Doody & Ezrol, P.A. resulted in a reduction in the overall cost of legal expenses to the CITY OF TAMARAC; and WHEREAS, the hourly expense for legal services provided by the law firm of Goren, Cherof, Doody & Ezrol, P.A. has remained unchanged since September 8, 2008; and WHEREAS, it is the express intent of the City Commission to retain the services of Goren, Cherof, Doody & Ezrol, P.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1. 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. The appropriate City Officials are hereby authorized to approve and execute the Second Amendment to Agreement for Legal Services (attached hereto as Exhibit 1) by and between the City of Tamarac and the Law Firm of Goren, Cherof, Doody & Ezrol, P.A. SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. (00030172.12704-0501640) Page 1 of 2 TR #12552 September 17, 2014 Page 2 SECTION 4. If any clause, section, or other part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part of application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. * This Resolution shall become et`fective immediately upon adoption. PASSED AND ADOPTED BY HE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF 2014. CITY O MARAC, FL RIDA HARIH D SSLE , MAYOR RECORD OF COMMISSION VOTE: MAYOR HARRY DRESSLER ATTEST: DIST 1: COMM BUSHNELL DIST 2: V/M GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO PATRICIA TEUF , CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form CI ATTORNEY {00030172.1 2704-0501640 1 Page 2 of 2 SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS SECOND AMENDMENT to the Agreement for Legal Services between THE CITY OF TAMARAC, a Florida municipal corporation, (the "CITY") and GOREN, CHEROF, DOODY & EZROL, P.A., as City Attorney, (the "FIRM") made this day of , 2014, as follows: 1. The parties covenant and agree that this Amendment cumulatively reflects modifications to the Agreement previously approved by the City since the inception of this Agreement on November 23, 2005, and as amended on September 8, 2008 (the "Original Agreement") 2. Paragraph 3.01, "Fees and Payment for Services" shall be amended to read as follows: 3.01 Effective October 1, 2014, the FIRM is to be paid an hourly rate of $205.00 per hour for partners, with lesser rates, as amended and published from time to time, for associates, law clerks, and paralegals, or as otherwise budgeted, excluding legal services required pursuant to public financing matters, legislative liaison activities general ethics matters for administration staff and other employees, and additional special services as requested by the CITY which services are to be paid at an agreed upon hourly or flat rate 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. 3. All other terms, conditions, and provisions of the original Agreement shall remain in full force and effect unless otherwise modified herein. {00030177.1 2704-0501640 } IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written below. As to CITY: CITY OF TAMARAC BY: Ma or HaPry Dressler ATTEST: a�ii,, r BY: Pat Teufel, ty c1 `S0'. ME. ® _ APP OVED AS TO FOt:� iA ATTORNEY As to Firm: GOREN, CHEROF, DOODY & EZROL, P.A. BY: A fit" A'*j, S uel S. ore Dated: 100030177.1 2704-0501640 )