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141 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 7 RESOLUTION No. A resolution of the Mayor and the City Commission of the City of South Miami, Florida, authorizing the compensation for legal services and expenses to be paid to the acting city attorney and providing an effective date. WHEREAS, the City Attorney for the City of South Miami resigned on or about March 1, 2011; and, WHEREAS, the City of South Miami is in the process selecting a Permanent City Attorney; and, WHEREAS, the City of South Miami has appointed Thomas F. Pepe, Esquire, as the Acting City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby instructed to pay the Acting City Attorney, Thomas F. Pepe, for his legal services in equal monthly payments of sixteen thousand seven hundred ($16,700.00) dollars and eighty (80 %) percent shall be paid from account no. 001- 1500 -514 -3120 entitled "PROFESSIONAL LEGAL SERVICE COST" with a current balance of $80,160 and twenty (20 %) percent shall be paid from account no. 610- 1110 -564 -3120 entitled "CRA PROFESSIONAL SERVICES - LEGAL" with a current balance of $24,960. Section 2. The Acting City Attorney shall perform the same functions as the City's prior City Attonrey. Section 3. The Acting City Attorney shall also perform the same function as the Assistant City Attonrey who acted as the City's Labor Attorney. The City Manager is hereby instructed to pay the Acting City Attorney, for his legal services as Labor Attorney for the City, the sum of fifty thousand ($50,000.00) dollars and eighty (80 %) percent shall be paid from account no. 001 - 1500 -514 -3120 entitled "CONSULTING- LABOR" with a current balance of $30,481.70 and twenty (20 %) percent shall be paid from account no. 610 - 1110 -564 -3120 entitled "CRA PROFESSIONAL SERVICES - LEGAL with a current balance of $24,960; to be used by him to pay himself or to be used by him to hire outside counsel to perform the duties required of a Labor Attorney for the City. Section 4. The City Manager is hereby instructed to reimbuse the Acting City Attorney for expenses associated with the legal business of the City. These reimbusable expenses shall not include those expenses associated with the running the Acting City Attonrey's office such as rent, normal secretarial services and telephones. These funds shall be paid from account no 001- 1500 -514 -3410 which has been budgeted as "LITIGATION -SPC PRJ & COST ". Section 5. This resolution shall take effect nun pro tunc from the date of the appoint of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 the Acting City Attorney on March 15, 2011. PASSED AND ADOPTED this , day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 2011. APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Palmer: Commissioner Harris: