HomeMy WebLinkAboutR-2011-072 - Appoints James A. Cherof, Esquire of the Law Firm Goren, Cherof, Doody & Ezrol, P.A. as Special Labor Counsel RESOLUTION NO. 2011-072
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPOINTING JAMES A. CHEROF, ESQUIRE, OF THE
LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A., AS SPECIAL
LABOR COUNSEL; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach City Charter, Part III, Art. 5, Section 3, authorizes the City
Commission to employ special counsel who shall serve under terms and conditions as may be
determined by the City Commission; and
WHEREAS, the Dania Beach City Commission desires to appoint James A. Cherof,
Esquire of the Law Firm of Goren, Cherof, Doody& Ezrol, P.A. to represent the City's interests
in matters relating to labor issues;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the Law Firm of Goren, Cherof, Doody & Ezrol, P.A. is appointed as
special labor counsel to represent the City and James A. Cherof, Esquire shall perform the
services.
Section 2. That compensation shall be $195.00 per hour as set forth in the letter from
the firm, a copy of which is attached and incorporated into this Resolution by this reference.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on July 12, 2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA FLURY
CITY CLERK MAYOR
'S FIRST
APPROVED AS O FO AND CORRECTNESS: mQ
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THO AS . ANSBR
CITY ATTORNEY �NcA�v 1
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OREN CHEROF ODY & ZR0L P.A A .
G Do E ,
ATTORNEYS AT LAW
SUIT 200
3099 EAST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33308
PHONE: (954) 771.4500
FAX: (954) 771-4923
www.cityatty.com
SAMUEL S. GOREN DELRAY BEACH OFFICE: JACOB G. HOROWITZ
JAMES A. CHEROF 76 N.E. FIFTH AVENUE SHANA H. BRIDGEMAN
DONALD J. DOODY DELRAY BEACH, FL 33483 ANNABELLA BARBOZA
KERRY L. EZROL PHONE: (561) 276.9400 STACEY R.WEINGER
MICHAEL D. CIRULLO,JR. JENNIFER L. MENNITI
JULIE F. KLAHR
DAVID N.TOLCES STEVEN L. JOSIAS, OF COUNSEL
PLEASE REPLY TO FORT LAUDERDALE
ATTORNEY-CLIENT FEE CONTRACT
This document(the "Agreement")is the written fee contract between Goren, Cherof,Doody
&Ezrol,P.A. ("Counsel") and the City of Dania Beach,Florida("Client").
1. CONDITIONS. This Agreement will not take effect until a signed copy of this
Agreement 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. Specific assignments will be as directed by the City Manager or his designee. James
A. Cherof will be the firm shareholder assigned to his matter.
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:
A. By the hour at the rate of $195.00 per hour for time spent for research,
preparation, drafting, attendance at strategy and closed door meetings,
bargaining sessions, and related matters. Hourly rate work will be
accounted for and billed in tenth of an hour components with detail of
activity shown on the billing statement. Legal work performed by attorneys
of the firm other than James A. Cherof or by Paralegals of the firm will be
billed as follows: Attorneys- $185.00; Paralegals- $85.00.
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 Agreement.
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 postage for volume mailing(actual cost)
Outside photocopy- actual cost(large projects only with prior consent of Client)
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 § 218.70,
Florida Statutes,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 with the Client's consent or for good cause. Good cause
includes a breach of this Agreement, expansion of the scope of work beyond Counsel's expertise or
ability,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.
GOREN, CHERO ,
DOODY&E2 L, A.
Date: ti 1 By:
J SA. CH
CITY OF DANIA BEACH, FLORIDA
Date: %� 9 l� BY:
Robe Baldwin, City Manager
HA I 988\880508\labor\Retainer Labor Negotiations-Dania Beach.doc
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