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R2023-85 Amendment to Fee Contract for Lien Foreclosure ServicesRESOLUTION NO. 2023-85 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE EXISTING FEE CONTRACT WITH THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. FOR LIEN FORECLOSURE SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; AUTHORIZING THE FORECLOSURE OF EXISTING LIENS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2020-85 on December 10, 2020, the Village Council approved an Attorney -Client Fee Contract ("Contract") with the law firm of Goren, Cherof, Doody & Ezrol, P.A. to perform code enforcement lien services on behalf of the Village; and WHEREAS, the Village received a request from the law firm to increase the hourly rate to $250.00 per hour, the same rate charged for labor counsel services, and the Village Council wishes to approve an Amendment to the Contract; and WHEREAS, the Village Council further wishes to authorize the filing of lien foreclosure actions against certain properties within the Village, and the Village Council determines that the adoption of this Resolution is in the best interests of the residents 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 Amendment to the Attorney -Client Fee Contract for lien foreclosure services with the law firm of Goren, Cherof, Doody & Ezrol, P.A., a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the Village. Section 3. The Village Council hereby authorizes the foreclosure of existing liens against parcels of real property located at 713 Westwind Drive and 1000 U.S. Highway One. Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall be effective immediately upon adoption. PASSL9,Q ADOPTED THIS 28"" DAY OF SEPTEMBER, 2023. VILLAGE � VICE MAYOR Page 1 of 2 AMENDMENT TO ATTORNEY- CLIENT FEE CONTRACT This document (“Amendment”) is an amendment to the Attorney-Client Fee Contract (“Contract”) between Goren, Cherof, Doody & Ezrol, P.A. (“Law Firm”) and the Village of North Palm Beach Client”). WHEREAS, on December 10, 2020, the Law Firm and Client executed the Contract whereby the Law Firm agreed to provide legal services to Client relating to code enforcement lien foreclosures; and WHEREAS, the parties wish to amend Contract to provide for an increase in the hourly rate. NOW, THEREFORE, in consideration of the mutual promises set forth in the Contract, as amended, the receipt and sufficiency of which is hereby acknowledged by both parties, the Law Firm and Client agree as follows: 1. Section 4, “Professional Fees,” is hereby amended to increase the billing rate for the Law Firm’s attorneys providing legal services to the Village to $250.00 per hour or fraction thereof. Additionally, Michael D. Cirullo, Jr. will be the responsible attorney for this matter. 2. A new Section 14 is hereby added to read as follows: 14. E-VERIFY. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, Law Firm shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Law Firm shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: 14.1 All persons employed by Law Firm to perform employment duties within Florida during the term of the contract; and 14.2 All persons (including subconsultants/subcontractors) assigned by Law Firm to perform work pursuant to the contract with the Village. Law Firm 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 Law Firm 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. Law Firm shall also require all subcontractors to provide an DocuSign Envelope ID: 179B9E27-C815-448A-802F-D7F2D659BD4BDocuSign Envelope ID: 32EFFAA3-FDC8-4D22-99E3-9517D24A363D Page 2 of 2 affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Law Firm 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. 3. All other provisions of the Contract, to the extent not expressly modified herein, shall remain in full force and effect. 4. This Amendment shall take effect upon execution by both parties. GOREN, CHEROF, DOODY & EZROL, P.A. Date: ___________________ By:___________________________ Shareholder VILLAGE OF NORTH PALM BEACH, FLORIDA Date:_____________________ BY: David Norris, Mayor Attest: Village Clerk Approved as to form and Legal Sufficiency: Village Attorney DocuSign Envelope ID: 179B9E27-C815-448A-802F-D7F2D659BD4B 9/27/2023 DocuSign Envelope ID: 32EFFAA3-FDC8-4D22-99E3-9517D24A363D Susan Bickel, Vice Mayor on behalf of9/28/2023