Res No 072-14-14166RESOLUTION NO. 72-14-14166
A Resolution authorizing the City Manager to sign a three year contract
with Thomas F. Pepe, Esquire, to provide legal services as the City
Attorney for the City of South Miami.
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 previous contract with Thomas F. Pepe for legal
services as the City Attorney for South Miami from 2011 to March 15,2014; and
Whereas, the City extend Thomas F. Pepe's contract for an additional two months to and
including May 15,2014; and
Whereas, the City of South Miami desires to enter into a new three year contract with
Thomas F. Pepe.
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 Thomas F. Pepe, Esquire pursuant to the terms of the contract that is attached
to this resolution.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 15thday of ...;;.;A=p..::::;.r =i;=..l ___ ., 2014.
tlES T :
~~
READ AND
LAN ~~D,
E
APPROVED:
glJt![fiuddJJ
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
AGREEMENT FOR LEGAL SERVICES
This Agreement is_entered into this 16 th day of April, 2014, by and between the 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 desires to enter into a contract with Thomas F. Pepe, Esquire, to
provide legal services as the City Attorney for the City of South Miami.
NOW, THEREFORE, the parties mutually agree as follows:
1. Scope 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, language, legality and execution 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 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 five (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 advice, consent and approval of
Page 1 of 4
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."
(g) 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.
(h) 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."
(i) Such other professional duties that are currently required by City Charter, City
ordinance or City resolution.
2. Compensation.
(a) 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. 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 fifteenth day of the month that is to
be paid. The retainer shall increase by 5% on October 1,2014.
(b) Consulting Labor: The total amount of annual compensation for City
Attorney's services involving or relating to labor law shall not exceed Fifty Thousand
($50,000.00) Dollars. The payment for labor related services shall be billed to and paid
from the City's budget appropriation titled "Consulting Labor" ("labor law budget"). The cap
for all Consulting Labor compensation shall increase by 5% on October 1,2014.
( c) 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 flor otherwise to retain the services of a labor law specialist or for
the payment of the City Attorney's labor law services, but in no event shall his fees for
such services or the services of outside labor counsel exceed the City's ConSUlting Labor
budget.
(i)
(ii)
All specialized labor related legal services for attorneys hired to represent the
City 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 are 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.
Page 2 of 4
3.Reimbursable Expense. 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 summonses 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 the
day following the approval of this contract by resolution of the City Commission and shall
continue without interruption for three years. Either party may terminate and cancel this
agreement upon giving one hundred eighty (180) days of notice to the other party. The one
hundred eighty (180) days of 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:
Page 3 of4
a. Comprehensive General Liability coverage with minimum limits of$I,OOO,OOO.OO
per occurrence combined single limit for 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$I,OOO,OOO.OO per occurrence. Combined Single Limit for
Bodily Injury Liability, and Property Damage Liability. This shall
include Owned Vehicles, Hired and non-Owned Vehicles and
Employees Non-Ownership provided employees are insurable.
c. Professional Liability (errors and omissions) coverage shall have
minimum limits of$I,OOO,OOO.OO 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: Th,e City Manager, acting on behalf of the City, and the City
Attorney have executed . a e ement as of the date first written above.
IN WITNES . es hereto have hereinafter put their hand and seals on or
ATTEST~ED. CITY OF
SignatuI : ~ By: ---:=;;;;;;0--"""9''--------
Maria Menendez
City Clerk
Read and Appro
Legality an
Page 4 of 4
40SE I SUNDAY, APRIL 6, 2014 SE
SOAPBOX
Summit on parent-student link
I've known Miami-Dade's
Rookie Teacher of the Year
Angelica Fu1chini (Dedicat-
ed Rookie, Neighbors,
March 23) for several years.
She and so many teachers in
Miami-Dade deserve recog-
nition for their dedication to
our children.
Fulchini acknowledges
the importance of commu-
nity relationships and pa-
rent involvement. This was
an integral part of my own
experience growing up in
South Florida. From a young
age I knew that having a
mom who taught in my
schools meant having a pa-
rent who was involved in ev-
ery aspect of my daily life.
My mother knew the value
of education. I know my
path could have been much
different without her
support,
Parental advocacy and
community organizing are
How to sound off
To submit your letter, e-mail saod{on@MiamiHerald .coru,-
or write Soapbox, c/o NeEghllors,:35n r<w915t1Ave .• Mlam1,"
FL 33172. Fax: 305-376-5287. letters m4~t 'address a !pedfC
Ie LOCAL ISsue, and ",ust be Signed with'a-name, CItY. or '
neighborhood. as well ~ a telephon~-n\Jrri ber tor I@r-;
i fication purposes. Letters more-. tha n 350 word! wUl fto!
be a£cept~d . and wrllers-are;fi mi led to ,one lehEr8Vel}l_ r.
four weeks . Letters wiliJun as·space-allows: ano may.be "
ed ited for length , sty le and clarity. 'ms'_deadline fIJi letters
I~ noo n Wednesday. , . ~.' ---.2,
some of the most powerful
actions we can take for our
children.
On May 10, Teach For
America is partnering with
alumni, parents, teachers
and Florida International
University to host the flISt
R.O.O .T.S (Realizing Our
Own True Strengths) Mia-
mi, a parent and student
leadership summit, at FIU's
Graham CenteL
I hope this will be a part of
the ongoing partnership and
collaborative effort in our
community centered on a
shared vision for our chil-
dren and education_ For
more information about the
summit, please visit
realizingourowntrue
strengths.tumblLcom.
-Kiesha Moodie,
alumni affairs director,
Teach For America Miami-Dade
We're Gpenearly, spyo,u~2.lfe\h late.
Service now op_en S~nday.
SOUTH (Q)
MiamiHerald_com I MIAMI HERALD
~ ~
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Ronda wiU conduct
Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, April 15. 2014 beginning
at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
(
A Resolution authorizing the City Manager to sign a thf'96 year contract with Thomas)
• F. Pepe, ESQuire, to provide legal services as the City Attorney for the City of South Miami.
An Ordinance related to a request for a toning I'1"SP amendment lD ttlf! CIty ot South MtamI
official zoning map, to re-zone 'tho Agency Qwned propert)' M$em~e reletred' '0 as lhe
Marshall Williamson properties. (0]0 numbers OS~02.S-000~035O: 09-402:~O-oBS2; and
09-4025-065-0090, from a currenl zonfr,g ooignatlOr-l of "'AS-t .. (Slngle-Family) to Ih-e "FlM-1S"
(loW Density Multi-Family Residential) to allow for additional residential dwelling units within the
Madison Square Mixed-Use Development Project.
An ordinance amending City of South Miami Code of Ordinances section 2-22, term limits of board
and committee members.
An Ordinance creating Artic::le IV of Chapter 18. and creating Section 18-27 which shall provide for
an additional $50,000 tax exemption for C'1ty or South Mlami low-income senior citizens.
ALL interested parties ara invited to attend and will be heard.
For further infonnation, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Cieri<
Pursuant to Florida Statutes 2.86.0105, the City hereby advises the public that if a person decides to appeal
any decision made by this Board. Agency or Commission with respect to any matter considered at its
meeting or hearing. he or she will need a record of the proceedings. and that for such purpose, affected
person may need to ensure that a verbatim record of the proceedings is made which reco:d includes the
testimony and evidence upon which the appeal is to be based.
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