R2020-85 Code Enforcement Lien Foreclosure Services ContractRESOLUTION NO. 2020-85
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A FEE CONTRACT WITH THE LAW
FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. FOR CODE ENFORCEMENT
LIEN FORECLOSURES AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village has in excess of $3,000,000 in outstanding code enforcement liens and wishes
to initiate code enforcement lien foreclosure proceedings against commercial and non -homestead
properties within the Village; and
WHEREAS, Village Staff is recommending retaining the law firm of Goren, Cherof, Doody & Ezrol,
P.A. to perform such legal services on behalf of the Village; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and incorporated herein.
Section 2. The Village Council hereby approves an Attorney -Client Fee Contract with the law firm
of Goren, Cherof, Doody & Ezrol, P.A., a copy of which is attached hereto and incorporated herein, to
perform code enforcement lien foreclosure services and authorizes the Mayor and Village Clerk to
execute the Contract on behalf of the Village.
Section 3. This Resolution shall be effective i
PASSED AND ADOPTED THIS 10TH DAY OF
(Village Seal)
ATTEST:
r
VILLAGE
AL
I A&
Michael D. Cirullo, Jr.
MCirullo@GorenCherof.com
lennalgrubinpa.com
Leonard G. Rubin, P.A.
Village Attorney
Village of North Palm Beach
701 Northpoint Parkway, Suite 209
West Palm Beach, Florida, 33407
GOREN CHEROF
DOODY & EZROL P.A.
ATTORNEYS AT LAW
November 10, 2020
ATTORNEY-CLIENT FEE CONTRACT
This document (the "Agreement") is the written fee contract between Goren, Cherof, Doody
& Ezrol, P.A. ("Law Firm" or "Counsel") and the Village of North Palm Beach ("Client").
1. CONDITIONS. This Agreement will not take effect, and the Law Firm will have no
obligation to provide legal services, until a signed copy of this Agreement and the initial retainer/cost
deposit called for under Paragraphs 5 and 6, if any, is returned to the offices of Goren, Cherof, Doody
& Ezrol, P.A.
2. SCOPE OF SERVICES. The Client is hiring Goren, Cherof, Doody & Ezrol, P.A., for
legal services with regard to code enforcement lien foreclosures as directed by the Village.
3. CLIENT DUTIES. The Client agrees and acknowledges that it has a duty to
cooperate with its 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 keep
Counsel advised of the Client's current address, and telephone number. The Client acknowledges this
understanding by signing below. The Client specifically authorizes Counsel to confer with his trial
counsel on matters related to appeals on which Counsel is representing Client.
4. PROFESSIONAL FEES. The Client understands and agrees that charges for
professional services rendered will be by the hour, or fraction thereof, at the prevailing rates for time
spent on the Client's matters by the Law Firm's legal personnel. The Client will be charged for the
time spent on telephone calls relating to this matter, including telephone conferences with the Client
or opposing counsel.
(00411864.2 1032-8702190) Please reply to Fort Lauderdale Office
Fort Lauderdale Office
3099 E. Commercial Blvd., Suite 200, Fort Lauderdale, FL 33308. T 954-771-4500 1 F 954-771-4923
Delray Beach Office
76 N.E. Fifth Avenue, Delray Beach, FL 33483. T 561-276-9400
www.cltyatty.com
The legal personnel assigned to the Client's 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 Law Firm's legal personnel attends a meeting, court hearing or other proceeding,
each will charge for the time spent, provided, however, the Law Firm agrees that more than one
person will attend such meetings, court hearings or other proceedings only when necessary to
effectively represent Client. It is understood that JAMES A. CHEROF and MICHAEL D.
CIRULLO, JR., are the responsible attorneys for this matter. Other attorneys in the Law Firm may
work on the matter. The billing rate for attorneys is $215.00 an hour. Other billing rates are set forth
in the attached Rate Schedule. In the event Client has any questions regarding the activity or the
charges as reflected on the invoices, please contact the Law Firm immediately upon receipt of the
invoice.
5. . FEE RETAINER. No fee retainer is required.
6. COSTS AND OTHER CHARGES. The Law Firm may incur various costs and
expenses on Client's behalf in performing 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 filing fees and other fees fixed by law or assessed by courts and other agencies, costs of
transcripts and court reporters' fees, costs of the record on appeal, long distance telephone calls,
messenger and other delivery fees, excessive postage, retrieval of closed files from off-site storage, if
requested, photocopying and other reproduction costs, and other similar items. The Law Firm's
standard costs are set forth in the attached Rate Schedule. Any costs incurred with third parties shall
be billed at actual cost with no mark-up by the Law Firm.
7. BILLING STATEMENTS. Periodic statements will be sent for fees and costs
incurred. Each statement will be due within 30 days of its date. The fee retainer required by
paragraph 5, if any, is not intended to be used to pay interim billing statements, but can be applied to
the final payment upon direction and consent of the Client.
8. DISCHARGE AND WITHDRAWAL. The Client may discharge the Law Firm 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 cooperate with the Law Firm or to follow
advice on a material matter or any fact or circumstance that would render the Law Firm's continuing
representation unlawful or unethical. At the conclusion of all services, all unpaid charges will
immediately become due and payable. After the services conclude, the Law Firm will, upon your
request, deliver a file to Client, along with any funds or property of Client's in the law firm's
possession.
9. 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. Neither Goren, Cherof, Doody & Ezrol, P.A. nor JAMES A. CHEROF or
MICHAEL D. CIRULLO, JR., make any such promises or guarantees. All comments about the
outcome of the matter are expressions of opinion only.
10.
Act, Chapter
PUBLIC RECORDS. The law firm shall comply with Florida's Public Records
119, Florida Statutes, and, if determined to be acting on behalf of the Village as
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provided under section 119.011(2), Florida Statutes, specifically agrees to:
(a) Keep and maintain public records required by the Village to perform the service.
(b) Upon request from the Village's custodian of public records or designee, provide the
Village with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of this Agreement and following completion of this Agreement if the Firm
does not transfer the records to the Village.
(d) Upon completion ofthis Agreement, transfer, at no cost, to the Village all public records
in possession of the Firm or keep and maintain public records required by the Village
to perforin the service. If the Firm transfers all public records to the Village upon
completion of the Agreement, the Firm shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
the Firm keeps and maintains public records upon completion of the Agreement, the
Firm shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the Village, upon request from the Village's
custodian of public records or designee, in a format that is compatible with the
information technology systems of the Village.
IF THE LAW FIRM HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 1193 FLORIDA STATUTES, TO THE FIRM'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT: (561) 841-3355 OR
NPBCLERK@VILLAGE-N PB.ORG.
11. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL. In
accordance with Palm Beach County ordinance number 2011-009, this Agreement may be subject
to investigation and/or audit by the Palm Beach County Inspector General. Law Firm should
review Palm Beach County ordinance number 2011-009 in order to be aware of its rights and/or
obligations under such ordinance and as applicable.
12. SCRUTINIZED COMPANIES. Law firm, its principals or owners, certify that they
are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with
Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135,
Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a proposal for, or
enter into or renew a contract with any agency or local governmental entity for goods or services if:
12.1 Any amount of, at the time bidding on, submitting a proposal for, or entering into or
renewing such contract, the company is on the Scrutinized Companies that Boycott Israel
List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of
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Israel;'or
12.2 One million dollars or more if, at the time of bidding on, submitting a proposal for,
or entering into or renewing such contract, the company:
12.2.1 Is on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to Section 215.473, Florida Statutes; or
12.2.2 Is engaged in business operations in Syria.
13. EFFECTIVE DATE. This Agreement will take effect once the Client has performed the
conditions stated in Paragraph 1, but its effective date will be retroactive to the date the Law Firm first
performed services. The dates at the end of 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 Firm may have performed for the Client.
Client has read and understands the foregoing terms and those set forth on the attached Rate
Schedule and agree to them as of the date Goren, Cherof, Doody & Ezr", .A. first provided services.
Date:
Date: �- 10 J -2-02,C)
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GOREN, CH OF, t)OOD)i & EZROL, P.A.
I
3099 East Con
Suite 200
Fort Lauder4o"
VILLAGE
By:
f. OR
.( I C
TLLO, JR., ESQ.
ial Boulevard
ATTEST:
V L AGE CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
VILLAGE ATTORNEY
RATE SCHEDULE
A. IDENTIFICATION
Client: VILLAGE OF NORTH PALM BEACH
Matter: Code Enforcement Lien Foreclosures
B. HOURLY RATES FOR LEGAL PERSONNEL
Attorneys $215.00
Law Clerks $125.00/hour
Paralegals $125.00/hour
C. STANDARD CHARGES
We charge for our time in minimum units of .10 hours.
D. COSTS AND EXPENSES
In -office photocopying .35/page
Telefacsimile transmittal 10.00
Credit card payments will be subject to a 3% service charge.
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