Res No 180-11-13494RESOLUTION NO. 180-11-13494
A resolution authorizing the City Manager to sign a contract with
Thomas F. Pepe, Esquire, to provide legal services as the City Attorney for
the City of South Miami, to extend the notice of termination to six (6)
months and to extend the term of his contract for an additional two (2)
year term.
Whereas, Article I1, Section 7, paragraph A(2) of the Charter of the City of South
Miami establishes the office of City Attorney; and
Whereas, the City Attorney is appointed by and serves at the will and pleasure of the
City Commission; and
Whereas, the City entered into a contract with Thomas F. Pepe for legal services as
the City Attorney for South Miami for a one (1) year term that was to expire on March 15,
2012; and
Whereas, the City desires to extend Thomas F. Pepe's contract to provide legal
services as the City Attorney for the City of South Miami for an additional two (2) year term
and to change the termination provision in the contract to extend the required notice of intent
to terminate without cause from ninety (90) days to six (6) months (180 days).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: . The City Manager is hereby instructed to sign the contract between the
City of South Miami and Thomas F. Pepe, Esquire, for legal services to be provided to the
City of South Miami by Mr. Pepe pursuant to the terms of the contract that is attached to this
resolution.
Section 2. This resolution shall become effective immediately upon adoption by vote
of the City Commission.
PASSED AND ADOPTED this 1 8ttday of October 2011.
ATTEST:
APPROVED:
1��pa
NJ
CITY CLERK JAY6R
READ AND ryOVED AS TO FORM, COMMISSION VOTE: 3 -2
LANGU EGALI Y A Mayor Stoddard: Nay
EX N THE Vice Mayor Newman: Yea
Commissioner Beasley: Nay
Commissioner Palmer: Yea
f t TTOR1� r /r Commissioner Harris: Yea
Page 1 of 1
AGREEMENT FOR LEGAL SERVICES
This Agreement entered into this )Jday October, 2011, by and between City
of South Miami, located at 6130 Sunset Drive, South Miami, Florida 33143, and Thomas F.
Pepe, Esquire, located at 1450 Madruga Avenue, Suite 202, Coral Gables, Florida 33146.
Whereas, Article II, Section 7, paragraph A(2) of the Charter of the City of South
Miami establishes the office of City Attorney; and
Whereas, the City Attorney is appointed by and serves at the will and pleasure of the
City Commission; and
Whereas, the City entered into a contract with Thomas F. Pepe for legal services for
a one (1) year term that was to expire on March 15, 2012; and
Whereas, the City desires to extend Thomas F. Pepe's contract to provide legal
services as the City Attorney for the City of South Miami for an additional. two (2) year term
and it has agreed to extend the notice requirements for termination without cause to six (6)
months.
Now, therefore, the parties mutually agree as follows:
1. Scone of Services.
Thomas F. Pepe, Esquire, (hereinafter referred to as "City Attorney ") shall render all
legal services that are required by the City's Charter, including but shall not be limited to the
following:
(a) Attending all regular, special and emergency meetings of the City Commission as
well as all planning board and local planning agency meetings.
(b) Conferring with and advising the City Commission, the City Manager, City Clerk,
the South Miami Community Redevelopment Agency (SMCRA), and the head of all of the
departments of the City, as well as the head of code enforcement and the Chief of Police on
legal matters when requested by them.
(c) Preparation and/or review of all ordinances, resolutions, contracts, bonds,
employment agreements and other documentation or other written instruments in which the
municipality is concerned. Endorsement of all resolutions and ordinances with the City
Attorney's approval as to the form and legal sufficiency of the documents.
(d) Preparation of legal opinions on matters affecting the City, as the
Commission may direct.
(e)Attendance at all City Manager's weekly staff meetings.
(f) Defend the City in all complaints, suits, and controversies in which the City is a
party defendant or respondent and prosecute all claims on behalf of the City, as directed by
the City Commission, before any court or other legally constituted tribunal. It is understood
that in the event that the prosecution, or defense, of legal proceedings requires specialized legal
training, education and/or experience, other than the normal training, education and experience
of an attorney who has 5 years of municipal legal experience, the City Attorney's duties and
the scope of his work shall not include those legal services for which he is not skilled and
experienced in such specialized area of the law. In such case, he is authorized to retain
outside independent legal counsel, with advise, consent and approval of the City
Commission. The payment for such outside legal counsel shall be made from the City's
budget appropriation for "Legal Services — Outside Litigation Costs."
(i). The City Attorney shall not be required to serve as legal counsel on matters
relating to pensions and in all such matters the City shall retain the services of an attorney who
specializes in pensions and related legal matters.
0) The City Attorney shall be responsible for providing legal representation in all
labor matters, either directly, or indirectly by retaining the services of an attorney who
specialized in labor related law. However, in no event shall the City Attorney exceed the City's
budget appropriation for "Consulting — Labor."
(k). Such other professional duties that are currently required by City Charter, City
ordinance or City resolution.
2. Compensation.
Legal Services — Retainer: The total amount of annual compensation for City
Attorney's legal services /retainer, other than services relating to labor law, shall be Two
Hundred Thousand Four Hundred ($200,400.00) Dollars, eighty (80 %) percent of which shall
be paid by the City and the balance of twenty (20 %)percent shall be paid by the South
Miami Community Redevelopment Agency. The retainer shall be paid in equal monthly
installments and within 15 days of the City's receipt of an invoice for such fee. The invoice
shall be submitted to the City no earlier than the first day of the succeeding month.
Pa
Consulting Labor: The total amount of animal compensation for City Attorney's
services involving or relating to labor law shall not exceed Fifty Thousand ($50,000.00)
Dollars, eighty ($0 %) percent of which shall be paid by the City and the balance of twenty
(20 %) percent of such fee shall be paid by the South Miami Community
Redevelopment Agency. The payment for labor related services shall be billed to and paid
from the City's budget appropriation titled "Consulting — Labor" ( "labor law budget ").
In the event that the City Attorney seeks the advice or services of outside counsel on
labor related matters, he shall bill for those expenses as part of the City Attorney's labor law
budget. The City Attorney shall bill for his labor related services at the rate of $200.00 per
hour. The City Attorney shall not be required to seek the approval or consent by
resolution nor otherwise to retain the services of a labor law specialist or for the payment,
unless above $5,000 as per Charter, of the City Attorney's labor law services or the
services of outside labor counsel.
All specialized labor related legal services shall be contracted directly through the City
Attorney and the City shall not be directly or indirectly liable for the cost of those services to
anyone other than the City Attorney and in any event not to exceed the limit of available
fund in the labor law budget.
Nothing in this agreement shall inure to the benefit of any labor law specialists hired
by the City Attorney or to the benefit of any other person or entity who is not a signatory to
this agreement.
3. Reimbursable EMense.
The City shall not be charged for any general office operating costs of the City
Attorney, such as office rent, telephone service, electricity, water, heat, air conditioning, in-
town meals, the cost of office equipment that is not solely used for City related business
and those other expenses that are not directly related to City business. The City Attorney shall
be reimbursed for all expenses incurred on behalf of, or for the benefit of, the City which
shall be itemized and billed separately. These expenses include, but are not limited to,
copying costs at the rate of 15 cents per page, facsimile transmission cost of 15 cents per
page, appearance fee of court reporters, cost for transcription of testimony, witness fees,
fees for service of summons and subpoenas, courier fees, express mailing -type fees, postage,
filing fees, travel expenses (at business class fare), out of town meals at the rate no greater
than stated in Florida Statutes 112.061, accommodations and travel related expenses, expert
witness fees, translator fees, cost of investigation, legal research by others, books, dues and
publications, continuing legal education relating to municipal law and issues, aerial
photography, maps, demonstrative evidence, videographers, etc. An itemized bill will be
delivered to the City no more often than every two weeks for reimbursement of these
expenses.
4. Term of Agreement and Termination.
This agreement shall commence on October- , 2011(the day following the
approval of this contract by resolution of the City Commission) and shall continue
without interruption until March 15, 2014. Either party may terminate and cancel this
agreement upon giving one hundred eighty (180) days notice to the other party. The one
hundred eighty (18 0) days notice shall commence to run, for a termination by the City, as of
the end of the month when the notice is delivered. The City Attorney shall be entitled to
receive compensation through and including the last day of the termination period. In the
event of termination, all documents, files, notes, memoranda, pleadings, exhibits, project
data, reports, evidence and any other document relating to the City or City business shall
be delivered to the City Clerk as soon as practicable_
5. Indemnification.
The City shall defend, hold harmless and indemnify the City Attorney in the event
the City Attorney is made, or is threatened to be made, a party to any proceeding by reason of
his status as City Attorney, or by reason of any alleged act or omission which occurred while
he was acting as the City Attorney, including but not limited to, any alleged claim, fine,
penalty, demand or other legal, equitable, or statutory action, whether groundless or
otherwise, which arises out of the apparent scope of his work or his authority as City
Attorney. This indemnification provision shall not require the City to indemnify the City
Attorney for any liability or cost resulting from his malfeasance, misfeasance or professional
malpractice. This provision shall survive the termination of this agreement.
6. Insurance.
The City Attorney shall carry the following insurance coverage and provide a copy
of the insurance certificate to the City.
a. Comprehensive General Liability coverage with minimum
limits of $1,000,000.00 per occurrence combined single limit for
11
bodily injury liability and. property damage liability. This shall include
premises and/or operations; independent contractors and products and/or
completed operations; broad form property damage; and contractual
liability endorsement.
b. Business Vehicular Liability coverage shall have minimum limits of
$1,000,000.00 per occurrence. Combined Single Limit for Bodily Injury
Liability, and Property Damage Liability. This shall include Owned Vehicles, Hired
and non -Owned Vehicles and Employees Non - Ownership provided employees are
insurable.
c. Professional Liability (errors and ornissions) coverage shall have minimum limits
of $1,000,000.00 per occurrence with respect to negligent acts, errors or omissions in
connection with the professional services to be provided and any deductible not to
exceed $20,000.00 each claim.
7. Independent Contractor.
This agreement shall not be deemed to create the relationship of employer
employee between the City and City Attorney, and no rights or privileges of an employee of
the City shall inure to City Attorney.
8. Agreement Date: The City Manager, acting on behalf of the City, and the City
Attorney have executed this agreement as of the date first written above.
ATTESTED
CITY OF SOUTH MIAMI
CITY CLE IT�NAGER
THO F.
B THOMAS
53
C;oMmissloriffDD937532
01
DOME; NOVeMber 2, ,3
2013
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County. Florida
sTATe OF FLORIDA
COUNTY OF MAWDADE:
V
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
. .......
in
LEGAL CLERK, Legal Notices of the Miami Dally Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
NO . t
6h "Ful
and Legal Holidays) newspaper, published at Miami In Miami-Dade
Mlhfiqz;; .Mill t"cbrfiduct
"bilule �i fqr,
County, Florida: that the attached copy of advertisement,
rdmhhi§aor1,ffia6gn
if,"
being a Legal Advertisement of Notice in the matter of
Dhve'tobohsidarfheja116w+hgStem ( s)+ ''
CITY OF SOUTH MIAMI
I vwes
PUBLIC HEARING FOR OCTOBER is, 2011
b t is hrj io extend the 0,606.e
months'anddp eXte�ad the term of fits
in the XXXX Court,
was published in said newspaper in the issues of
is City Manager . to amend
10107/2011
0
`:d'Ietlng the pfovislon grAnpng
) �ui imn of Li Con W
Affiant further says that the said Miami Dally Business
a , it
ad0 t I orial
.. .. ..
Review is a newspaper published at Miami in said Miami-Dade
nt V33, ....
County, Florida and that the said newspaper has
heretofore been continuously published In said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
has been
490 6 ,the
b hg that M
and entered as second class, mail matter at the post
ppprt
office in Miami In said Miami-Dade County, Florida, fora
the are
period of one year next preceding the first publication of the
"I.
�audlnar warocoqripoent ,:
attached Copy of advertisement; and affiant further says that he or
ls
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for in the said
SO r h6scb6dute ..':'
publication
newspaper.
h6
Clerks
Sworn to and subscribed before me this
. ..... MariaM. MianendezrCMC
07 day of OCTOBER A.D. 20
?
11 .0105, the City, hereby adviseethe
appeal any decision made by this
rp "d
red at any matter
Ill need jj�rocxird of the procee ngs,
(SEAL)
and
f t person may need to ensure thata
is made which record induded the
lypr which the appeal is to be based.
A 1 11
V. PEREZ personally known to me
.
11-3-160/1768096M
B THOMAS
53
C;oMmissloriffDD937532
01
DOME; NOVeMber 2, ,3
2013