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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