HomeMy WebLinkAboutReso 2010-1556
RESOLUTION NO. 2010- 1551~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA APPROVING AGREEMENTS
TO RETAIN THE SERVICES OF THE LAW FIRMS OF GOREN
CHEROF, DOODY & EZROL, P.A., AND ABADIN COOK, P.A. TO
REPRESENT THE CITY IN LEGAL MATTERS; AUTHORIZING
THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Attorney wishes to retain the services of the law firm of Goren,
Cherof, Doody & Ezrol, P.A. to provide legal services in connection with matters related to the
development and construction of an aquarium and park complex in the City; and
WHEREAS, the City wishes to retain the services of the law firm of Abadin Cook, P.A.
to provide legal services in connection with matters related to the lawsuit filed by Michael
Schnitzer; and
WHEREAS, the law Firms Goren, Doody & Ezrol, P.A. and Abadin Cook, P.A. are
highly qualified to represent the City as special counsels and have agreed to provide discount
rates to the City; and
WHEREAS, the City Attorney desires to enter into an agreement to retain the services of
Goren, Cherof, Doody & Ezrol and Abadin Cook, P.A. attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of the Agreements. The City Commission hereby approves the retainer
agreements for Goren, Cherof, Doody & Ezrol, P.A. and Abadin & Cook as special Counsels at
an hourly rate not to exceed Two Hundred Dollars ($200.00) per hour.
Section 2. Authorization of the City Attorney. The City Attorney is hereby authorized to
do all things necessary to effectuate these agreements.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15th day of April 2010.
Approving an Agreement with Goren, Doody & Ezra!, P.A.
( " t ","
(t ATTEST:
~ ~i1.:... ~
.' I-\-~
,Jane A. Hines, CMC, City Clerk
, .., ... ,.
.' ,
Vote: 5...D
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Goodman
Commissioner Brezin
Commissioner Scholl
Moved by:
Seconded by:
Approving an Agreement with Goren, Doody & Ezra), P,A.
~(Yes)
L,/(Yes)
v(Y es)
V (Yes)
-LL-(Yes)
...
~ ~ f(\{1.:1W' ~ M-8C
c.o~~OLL
_(No)
_(No)
_(No)
_(No)
_(No)
GOREN, CHEROF, DOODY & EZROL, P.A.
ATTORNEYS AT LAW
SUITE 200
3099 EAST ('O~tMERC1AL BOULEVARD
FORT LAUDERDALE, FLORIDA ;~3;l08
PHONE: (954) 771.4500
FAX: (954) 771-492]
www.cityatty.com
SAMUEL S. GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY L. EZROL
MICHAEL D. CIRULLO, JR.
JULIE F. KLAHR
OEtRAY BEACH OFFICE:
76 N.E. FIFTH AVENUE
DELRAY BEAClI, FL 33483
PHONE: (561) 276.9400
DAVID N. TOLCES
JAMILA V. ALEXANDER
JACOB G. HOROWITZ
SHANA H. BRIDGEMAN
ANNABELLA BARBOZA
STEVEN L. JOSIAS, OF COUNSEL
PLEASE REPLY TO FORT LAUDEROALE
Apri1S,2010
RETAINER AGREEMENT
This Retainer Agreement (the "Agreement") is the written fee contract between Goren,
Cherof, Doody & Ezrol, P.A. (hereinafter "Counsel") and The City of Sunny Isles Beaeh
(hereinafter "Client").
I. CONDITIONS. This Agreemcnt will not take effect, and we will have no
obligation to provide legal services, until a signed copy of this Agreement and the initial
retainer/cost deposit called fot: under Paragraphs Sand 6 is returned to the offices of Goren, Cherof,
Doody & Ezrol, P.A.
2. SCOPE OF SERVICES. The Client is hiring Goren, Chcrof, Doody & Ezrol,
P.A., to represent and provide legal services to client in connection with certain legal matters relatcd
to the developmcnt and construction of an aquarium and park complex in the City of Sunny Isles
Beach. Such services may include, but shall not be limited to, the preparation and/or review of
development agreements, zoning and land use matters.
3. CLmNT'S DUTIES. The Client agrecs and acknowledge that he has a duty to
cooperate with undersigned counsel, to keep Counsel informed of developments, to keep in contact
with undersigned counsel, to abide by this Agreement, to pay all invoices on time and to kcep
Counsel advised of the Client' current addresses, and telephone numbers. The Client acknowledges
this understanding by signing below.
4. PROFESSIONAL FEES. The Client understands and agrees that charges for
professional services rendered will be by the hour at the prevailing rates for time spent on your
matter by the law finn's legal pcrsonnel. The current hourly rates for legal persOlmel (and other
billing rates) arc set forth on the attached Rate Schedule. The Rate Schedule also provides for
periodic increases. The Client will be charged for the time spent on telephone calls rclating to this
matter, including telephonc conferences with the Client, opposing counsel or eOlut personnel. The
legal persOlillel assigned to your matter will confer among themselves about the matter, as required.
When they do confer, each person will charge for the time expended. Likewise, if more
than one of our legal persOlillcl attcnds a meeting, court hearing or other proceeding, each will
charge for the timc spent. It is understood that SAMUEL S. GOREN, DONALD 1. DOODY, and
JACOB G. HOROWITZ arc the responsible attorneys for this matter, and the governmental hourly
billing rate is $200.00 an hour for partners and $185.00 an hour for associates. In the event the
Client has any questions regarding the activity or the charges as retlected on the invoices, please
contact us immcdiately upon receipt of the invoicc.
5. FEE RETAINER A fee retainer in the amount of$O.OO is required in this matter.
This retainer will be held throughout the period of our representation of the Client and will be
applied by the law finn to the final bill. In the event that litigation is required, Clicnt agrees to
provide an additional retainer to be determined at a later datc prior to any preparation of documents
for such legal proceedings. In addition, depending on the development of the case or the
complexity of the mattcr, the law firm may request an additional retainer.
6. COSTS AND OTHER CHARGES. The law fiml may incur various costs and
expenses on Client's behalf in perfOlming legal services under this Agreement. The Client agrees to
pay for those costs and expenses in addition to the hourly fees. The costs and expenses commonly
include process servcrs' fees, fees fixed by law or assessed by comts and other agencies, court
repOlters' fees, long distance telephone calls, messenger and other delivery fees, excessive postage,
rclrieval of closed files from off-site storage, if requested, photocopying and other reproduction
costs, and other similar items.
To facilitate the handling of this matter, the law firm requires that the Client deposit a cost
retainer in the amount of $0.00 to be paid upon execution of the retainer agreement. This retaincr
will be used to cxpedite payment lor mcssengers, overnight dclivery, court reporter and similar
charges. Should the retainer for costs be depleted, the law finn may periodically request that the
Client deposit additional funds to replenish the cost retainer.
7. BILLING STATEMENTS. Periodic statements will be sent for fees and costs
ineurrcd. Each statement will be due within 30 days of its date.
8. LIEN. The Client hereby grants the law finn a lien on any and all claims or causes
of action that are the subject of its representation under this Agreement. The lien will be for any
sums owing to the law finn at the conclusion of the services. The lien will attach to any recovery
the Client may obtain, whether by arbitration award, judgment, settlemcnt or otherwise.
9. DISCHARGE AND WITHDRAWAL. The Client may discharge the law film at
any time. The law firm may withdraw with the Client's consent or for good cause. Good cause
includes a breach of this Agreement; the Client's refusal to coopcrate with the law finn or to follow
advice on a material matter or any fact or circumstance that would rcndcr the law firm's continuing
representation unlawful or unethical. At the conclusion of all services, all unpaid charges will
immcdiatcly become due and payable. After the services conclude, the law finn will, upon your
request, deliver a file to you, along with any funds or property of yours in the law finn's possession.
The Client acknowledges that the law finn represents several governmental agencies and
special districts. In thc event of a conflict, the law linn shall have the right to resolve such conflict
as it deems fit, including withdrawal, consistent with the applicable Florida Rules of Professional
Conduct.
10. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in
statements to the Client will be construed as a promise or guarantee about the outcome of this matter
or any possible litigation. Goren, Cherof, Doody & Ezrol, P.A. or SAMUEL S. GOREN make no
such promises or guarantees. ALL COMMENTS ABOUT THE POTENTIAL OUTCOME OF
THE MATTER WHICH ARE THE SUBJECT OF THIS ENGAGEMENT ARE EXPRESSIONS
OF OPINION ONL Y.
II. EFFECTIVE DATE. This Agreement will take effect once the Clicnt has
performed thc conditions stated in Paragraph I, but its effective date will be retroactive to the datc
the law linn first perfonned services. The dates at the end or this Agreement are for reference only.
Even if this Agreement does not take effect, the Client will be obligated to pay the reasonable value
of any services the law timlmay have performed for the Client.
I have read and understand the foregoing temlS and those sct forth on the attachcd Rate
Schedule and agree to them as or the date Gorcn, Cherof, Doody & Ezrol, P.A. first provided
services. If more than one pm1y signs below, wc cach agree to be liable, jointly and severally, for
all obligations under this Agrcement.
DATE:
-'I#D
GOREN, CHEROF, DOODY & EZROL, I'.A.
DATE:
_ ___ ~MJ~LltXJ:
By: amllcl S. G()..cqf~!~luire
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone: (954) 771-4500
,+!).1.-I){J_
Facsimile: (954) 771-4923
RATE SCHEDULE
A. Identification
Client:
City of Sunny Isles Beach
Matter:
LO UDevelopment
B. Hourly rates for legal personnel
Partners
Associates
Law Clerks
Paralegals
$200.00/hour
$1 85.00/hour
$IOO.OO/hour
$IOO.OO/hour
C. Standard Charges
We charge for our time in minimum units 01'.10 hours.
D. Costs and expenses
In-office photocopying
Facsimile transmittal
$ 0.35/page
$10.00
E. Subject to change
The rates on this schedule are subject to change on 30 days written notice.
H:\201 0\1 00231\Rdaincr Agrccmclll.doc
Goren, Cherof, Doody & Ezrol, P.A.
Practice Areas:
. Governmental Law
. Administrative Law
. Corporate
o Real Estate
. Commercial Real Estate
. Litigation
. Florida Supreme Court
Certified Mediator
Education:
. University of Rhode Island
. North Carolina Central
University School of Law (Cum
Laude)
Admissions:
. Florida
. Washington DC
Courts:
t) U.S. District Court, Southern
District of Florida
. U.S. Court of Appeals, 11th
Circuit
. U.S. Supreme Court
Page I of2
Legal UpdatQ'
Florid/) Auornoy Gonaf;]1 iMuoS. opinion
felahld to municlpallty's abllily 10 ctoalo
it page on Faeoboo):
SAMUEL S. GOREN, Shareholder
1I0ME I ABOUT US I PROFIlES I LEGAL UPDATES I CONTACT I
Fort.Lauderdal.e Office
Office: (954) 771-4500
Fax: (954) 771-4923
Email: sgoren(Q1cityatty.com
Mr. Goren concentrates his practice in the areas of sophisticated local
government, municipal and administrative matters including direct contact with
City Commissioners, other public officials, City Managers, and strategic
personnel affecting the work of his municipal and other public clients. Mr. Goren
is experienced in the area of election law as longhterm legal counsel for the then
nationally recognized Supervisor of Elections, during Election 2000, Since 1997,
Mr. Goren has been instrumental in the formation of city-owned and operated
Charter Schools. Mr. Goren has also served as Special Magistrate in Code
Enforcement and related matters for multiple municipalities throughout the State
of Florida. Mr. Goren also serves as special counsel in matters affecting
annexation, special assessments, intra-governmental conflicts, and regional
planning activities. Further, his expertise in statewide land use, zoning, and
eminent domain matters, have qualified him as an expert witness throughout the
State and a resource for government officials and the private sector.
Mr. Goren serves as the City Attorney for the Cities of Coral Springs, North
Lauderdale, Pembroke Pines, and Tamarac. He serves as General Counsel to tile
South Florida Regional Planning Council, the Hillsboro Inlet District, the North
Lauderdale Water Control District, the Housing Authority of the City of North
Lauderdale, and the Brevard County Charter Review Commission. He has been
designated as a preeminent (AV-rated) attorney by MartindalehHubbell, a
nationally recognized rating service for attorneys, He has been designated as a
Top Government Attorney by South Florida Legal Guide and an Elite Attorney by
Florida Trend Magazine,
Mr. Goren is a Certified Florida Supreme Court and Circuit Court Mediator and
has served as r-1ediator at the request of both governmental and private parties.
Mr. Goren is also a frequent lecturer for the Florida Bar, the Institute of
Government at Florida Atlantic University/Florida International University, the
Lorman Foundation, CLE International, and many other local governmental
agencies in the areas of election law, municipal and governmental practice,
Sunshine Law, Ethics, Public Records and Eminent Domain.
Available Publications:
. Note, "To Impute or Not to Impute: That is the Question", 5 N.C. Central L.J. 121
(Fall, 1973).
. Note, "Crews v. Taylor: A Testator's Intent Can Be No Less Than His Command?", 6
N.C. Central LJ. 121 (Fall. 1974).
Professional Activities:
. Former Chairman, Civil Service Board, City of Lauderhill, Florida
hltp://www.cityatty.eom/profile_goren.html
4/6/20 I 0
Goren, Cherof, Doody & Ezrol, P.^-
Page 2 01'2
. Board of Directors and Former President Areawide Council on Aging of Broward
County, Inc.JGeneral Counsel, Presently
. Long Term Care Ombudsman Committee, Attorney Member, appointed by Governor
Bob Graham
. Chairman, Local Government Law Section, Florida Bar
. Florida Bar, Local Government law Section, Ralph A. Marsicano Award- Excellence
in Local Government Law Practice, 1986
. Broward County Bar
,.,/
...-".
....;.-'. ,-,;..
//;, /-""," \'
/'" ((../-;. ...
\: \;":'/ .
\
\ '.
\ \,
\. '\
\ \
,
,
\
\.
,
\
\.
\
\
http://www.eityatty.com/proti Ie _goren.html
4/6/20 I 0
Abadin Cook:: Attorneys at Law
Page 1 of2
RAMON A. ABADIN
Partner
LANGUAGE FLUENCY
English
Spanish
Portuguese
EDUCATION
.. Tulane University (B,A., 1981)
.. Loyola University of New Orleans School
of Law (J.D" 1985)
Ramon A. Abadin
Abadin Cook
9155 S, Dadeland Boulevard
Dadeland Centre, Suite 1208
Miami, FL 33156
305,670.4777 (Voice)
305.437.8144 (Fax)
rabadi n@abadincook.com
Vcard
httn-//W\m,v ~hm-linbUl N\ITl/r ",1,<ul;" htt'Y'll
AREAS OF EXPERIENCE
II Complex Commercial Litigation
II General Civil Litigation
.. Insurance Litigation
II r.1edical Mal practice
.. Premises Liability
II Automobile Negligence
II Corporate Litigation
AWARDS AND RECOGNITIONS
III Martindale-Hubbell "AV" Rated
III Florida Trend, Florida Legal Elite, 2007-Present
III Florida Super Lawyers, 2007-Present
III Haitian Lawyers Association Significant Contribution Award, 2006
.. South Florida Business Journal's Diversity Works Award Nominee, 2005
.. Florida Bar, G, Kirk Hass Award, 2005
.. Cuban American Bar Association - Passing on the Leadership Award, 2009
BAR AND COURT ADMISSIONS
II Florida Bar
II Massachusetts Bar
II Federal Southern District of Florida
II Supreme Court of the United States
PROFESSIONAL AND COMMUNITY INVOLVEMENT
.. The Florida Bar
- Vice-Chairman, Grievance Committee, 1998-1999; and /o'lember, 1996-1999
- Executive Council of the Equal Opportunity Law Section, 2005
- Chairman of the Annual Diversity Symposium, 2005
- Annual Diversity Symposium Committee, 2005 - present
- Judicial Nominating Commission Procedures Committee, 2008 - present
- Member Outreach Committee, 2005-2007
II The Florida Bar Board of Governors, 2006-2009
- Communications Committee (Chairman), 2008 - 2009
- Rules Committee (Chairman), 2009
- Legislation Committee (Vice Chairman), 2007 - 2008; member 2009
- Audit Committee, 2007 - 2008
- Executive Committee, 2008 - 2009
- Strategic Planning Committee, 2007 - 2009
- Standing Committee Liaison for LGr.1AS and Pmfessionalism - 2007, 2008, 2009
- Section Liaison for Council of Sections, 2009
- Program Evaluation Committee, 2009
II Lifetime Fellow, Florida Bar Foundation
II Florida Supreme Court District Court of Appeal Workload & Jurisdiction
Assessment Committee, 2006 - 2008
II Florida Supreme Court Commissions
- Standing Committee on Fairness and Diversity in the Court, 2006 - 2008
- Committee on Professionalism, 2006 -- 2009
A Ir,I"'\ A. 1 ^
Abadin Cook:: Attorneys at Law
Page 2 of2
II President, Cuban American Bar Association (CABA), 2004; and Director, CABA,
1997-2000; 2001-2003
II President, Cuban-American Bar Foundation, 2005
II Judicial Nominating Commission for Third District Court of Appeals, t~ember,
2004-2008; Chairman, 2005-2006
II Florida International University School of Law Dean's Advisory Council, 2005 _
present
II Board member, Florida Lawyers Mutual Insurance Company (FLMIC), 2004 _
present
II Federation of Defense and Corporate Counsel Member, 2008 - present
II Fellow, Litigation Counsel of America
II American Bar Association Commission on Diversity
9155 S. Oadeland Boulevard I Oadeland Centre, Suite 1208 I Miami, Florida 33156 I Tel. 305.670.4777 I Fax 305.670.7007
http://www.abadinlaw.com/r_abadin.html
4/6/2010
City of Sunny Isles Beach
18070 Collins A venue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORA~I)UM
TO:
The Honorable Mayor and City Commission
FROM:
Hans Ottinot, City Attorney
DATE:
4/15/2010
RE:
Approving Agreements with Special Counsel
RECOMMENDA TION:
This Resolution is presented for your consideration.
REASONS:
The City Attorney is currently engaged in two (2) highly specialized legal matters. One
matter involves the negotiation of development agreements relating to the construction of
a proposed aquarium and park complex. The other matter involves defending the City's
interest in the case of Schnitzer et al v. City of Sunny_ ts1e~_Bea~h, which is pending
before the circuit court. The law firm of Goren, Cheraf, Doody & Ezrol has agreed to act
as co-counsel in connection with certain legal matters related to the development and
construction of an aquarium and park complex. Similarly, the law firm of Abadin Cook
has agreed to act as co-counsel in defending the City's interest in the aforementioned
case. It is important to note that both of these law firms are well qualified and has agreed
to provide discounted rates to the City.
ATTACHMENTS:
. Resolution
. Retainer Agreement
Agenda Item No, JOL
Dale 4/15/20 JO
126
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Ciry Commission
Norman S. Edelcup, Mqyor
Lewis J. Thaler, Vi,~ Mqyor
Roslyn Brezin, CommifJioner
Gerry Goodman, CommIssioner
George "Bud" Scholl, Commir.rioner
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Rick Conner, CiIJ Manager
Hans Ottino!, CiIJ Altomry
Jane A. Hines, CiIJ Clerk
MEMORANDUM
The Honorable City CommissioA\ D("
Hans Ottinot, City Attorney ~ V
April 15, 2010
Agreement with Special Counsel
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
The City Attorney is currently engaged in two (2) highly specialized legal matters. One matter
involves the negotiation of development agreements relating to the construction of a proposed
aquarium and park complex. The other matter involves defending the City's interest in the case of
Schnitzer et al v. City of Sunny Isles Beach, which is pending before the circuit court. The law
firm of Goren, Cherof, Doody & Ezrol has agreed to act as co-counsel in connection with certain
legal matters related to the development and construction of an aquarium and park complex.
Similarly, the law firm of Abadin Cook has agreed to act as co-counsel in defending the City's
interest in the aforementioned case. It is important to note that both of these law firms are well
qualified and has agreed to provide discounted rates to the City.
/ Attachment