R2023-23 Fee Contract for Labor Services with the Law Firm of Goren, Cherof, Doody & Ezrol, P.A.RESOLUTION NO. 2023-23
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 LABOR
SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, James Cherof has been serving as the Village's labor counsel since 1997, and the
current hourly rate for these services has remained unchanged since 2003; and
WHEREAS, the Village received a request from the law firm of Goren, Cherof, Doody & Ezrol
for the execution of a new Fee Contract for labor services at an increased hourly rate; 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.
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 continue to act as the Village's labor counsel and authorizes the Mayor and Village Clerk
to execute the Contract on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 9"HDAY OF MARCH, 2023.
?P-
R Tly '
,tillage Seal)
FLORIDA
7•
$��: •*
ATTEST"
VILLAGE CLERK
00550939.1 1823-9704441 }
ATTORNEY- CLIENT FEE CONTRACT
This document (the "Contract") is the written fee contract between Goren, Cherof, Doody &
Ezrol, P.A. ("Counsel") and the Village of North Palm Beach Florida (“Client”).
1. CONDITIONS. This Contract will not take effect until a signed copy of this Contract is
returned by client to the offices of Goren, Cherof, Doody & Ezrol, P.A.
2. SCOPE OF SERVICES. The Client is hiring the law firm of Goren, Cherof, Doody and Ezrol,
P.A., for legal services related to the following matter: Labor contract consultation and negotiations;
employee or union grievance and arbitration representation. Specific assignments will be as directed
by the Village Manager, Village Attorney or HR/Risk Management Director or their designees.
3. CLIENTS DUTIES. The Client agrees and acknowledges that it has a duty to cooperate with
the undersigned Counsel by keeping Counsel informed of operational and fiscal developments
relative to employee wages, benefits and conditions of employment.
4. PROFESSIONAL FEES. Charges for professional services will be paid by Client as follows:
By the hour at the rate of $250.00 per hour. Hourly rate work will be accounted for and billed in tenth
of an hour components with detail of activity shown on the billing statement.
5. COSTS AND OTHER CHARGES. The law firm may incur various costs and expenses,
other than travel, on Client's behalf in performing legal services under this Contract. The Client agrees
to pay for those costs and expenses in addition to the hourly fees. The costs and expenses that are
billable are limited to:
Messenger and other delivery fees (actual cost)
Excessive (bulk or more than 2 ounce) postage- actual cost
In firm photocopy- $0.35 per page (large projects exceeding 200 pages only)
Outside photocopy- actual cost (large projects only with prior consent of Client)
Offsite storage and retrieval of records retained by Counsel to assure compliance with
Florida’s public records laws regarding retention. Client reserves the right to store public
records.
DocuSign Envelope ID: 2DB81629-3F91-4E15-9746-6012FECE150D
2
00550939.1 1823-9704441 }
6. BILLING STATEMENTS. Periodic statements will be sent for fees and costs incurred. Each
statement will be due within forty-five (45) days of its date, pursuant to the Local Government Prompt
Payment Act.
7. DISCHARGE, MODIFICATION OF WORK, AND WITHDRAWAL. Counsel serves at
the discretion of Client. Client has the right to terminate Counsel’s representation at any time for any
reason without prior notice, subject to payment for all services and expenses rendered to the date of
termination. The Client may limit or expand the scope of work as Client deems appropriate. The
law firm may withdraw representation of Client at its discretion.
8. PUBLIC RECORDS. Counsel shall comply with the applicable provisions of Chapter
119, Florida Statutes. Specifically, Counsel shall:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the Village in order to perform the service;
2. Upon request from the Village, provide the Village with public records that may
be requested from the Village in order to provide the public with access to such
public records and at a cost that does not exceed that provided in Chapter 119,
Florida Statutes, or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt
from public record requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the Village, at
no cost, all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt. All records stored electronically must be provided to the Village in a
format that is compatible with the information technology systems of the agency.
IF COUNSEL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE COUNSEL’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, COUNSEL SHALL CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
VILLAGE CLERK
Village of North Palm Beach
501 U.S. Highway 1
North Palm Beach, FL 33408
561-841-7469/ npbclerk@village-npb.org
The Village shall have the right to immediately terminate this Contract for the refusal by
the Counsel to comply with Chapter 119, Florida Statutes. Counsel shall retain all records
DocuSign Envelope ID: 2DB81629-3F91-4E15-9746-6012FECE150D
3
00550939.1 1823-9704441 }
associated with this Contract for a period of five (5) years from the date of expiration of this
Contract.
9. SCRUTINIZED COMPANIES. This Attorney-Client Fee Contract may be
terminated at the option of the Village should Counsel be placed on the State of Florida
Scrutinized Companies That Boycott Israel List.”
10. E-VERIFY. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021,
Contractors, Counsel shall register with and use the E-verify system in order to verify the
work authorization status of all newly hired employees. Counsel shall register for and
utilize the U.S. Department of Homeland Security’s E-Verify System to verify the
employment eligibility of:
All persons employed by Counsel to perform employment duties within Florida during the
term of the contract; and
14.2 All persons (including subconsultants/subcontractors) assigned by Counsel to
perform work pursuant to the contract with the Village. Counsel acknowledges and agrees
that registration and use of the U.S. Department of Homeland Security’s E-Verify System
during the term of the contract is a condition of the contract with the Village; and
14.3 Counsel shall comply with the provisions of Section 448.095, Fla. Stat.,
Employment Eligibility," as amended from time to time. This includes, but is not limited
to registration and utilization of the E-Verify System to verify the work authorization status
of all newly hired employees. Counsel shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with, or subcontract
with, an unauthorized alien. Counsel shall maintain a copy of such affidavit for the duration
of the contract. Failure to comply will lead to termination of this Contract, or if a
subcontractor knowingly violates the statute, the subcontract must be terminated
immediately. Any challenge to termination under this provision must be filed in the Circuit
Court no later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be considered as
such.
DocuSign Envelope ID: 2DB81629-3F91-4E15-9746-6012FECE150D
4
00550939.1 1823-9704441 }
11. EFFECTIVE DATE. This Contract will take effect once signed by both parties.
GOREN, CHEROF, DOODY & EZROL, P.A.
Date: ___________________ By:___________________________
Shareholder
VILLAGE OF NORTH PALM BEACH, FLORIDA
Date:_____________________ BY:
Deborah Searcy, Mayor
Attest:
Village Clerk
Approved as to form and Legal
Sufficiency:
Village Attorney
DocuSign Envelope ID: 2DB81629-3F91-4E15-9746-6012FECE150D
3/15/2023
3/15/2023