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111 RESOLUTION NO. 2 3 A Resolution of the City of South Miami, Florida, 4 authorizing the City Manager to sign a contract with Thomas 5 F. Pepe, Esquire, to provide legal services as the City 6 Attorney for the City of South Miami; and providing for an 7 effective date. 8 9 WHEREAS, Article II, Section 7, paragraph A(2) of the Charter of 10 the City of South Miami establishes the office of City Attorney; and 11 12 WHEREAS, the City Attorney is appointed by and serves at the will 13 and pleasure of the City Commission; and 14 15 WHEREAS, on April 21, 2011 the following respondents to an RFQ 16 for the selection of a City Attorney provided a presentation to the 17 Commission: Acting City Attorney Thomas F. Pepe, Esquire, Cynthia A. 18 Everett, P.A., and John R. Herin, Jr., Shareholder with Stearns Weaver 19 Miller Weissler Alhadeff & Sitterson, P.A.; and 20 21 WHEREAS, the City Commission, after the evaluation of the above 22 three respondents, appointed Thomas F. Pepe, Esquire, to serve as 23 permanent City Attorney for the City of South Miami; and 24 25 WHEREAS, the City Commission directed the City Attorney to 26 present a written contract for approval by the City Commission. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 29 OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section l: The City Manager is hereby authorized to sign the 32 attached contract with Thomas F. Pepe, Esquire, as the City Attorney 33 for the City of South Miami. 34 35 Section 2. This resolution shall become effective upon adoption. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY 2011. COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: AGREEMENT FOR LEGAL SERVICES This Agreement entered into this day of , 2011, 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 11, 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 Commission, after its evaluation of three applicants for the office of City Attorney, appointed Thomas F. Pepe, Esquire, to serve as permanent City Attorney for the City of South Miami. Whereas, the City Commission has directed the City Attorney to present a written contract for approval by the City Commission. 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 and legal sufficiency of the documents. (d) Preparation of legal opinions on matters affecting the City, as the Commission may direct. 1 (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. 2 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, eighty (80 %) 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 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 summons and subpoenas, courier fees, express 3 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 be in effect for one (1) year from the date of the City Attorney's initial appointment as the Acting City Attorney on March 15, 2011. Either party may terminate and cancel this agreement upon giving a 90 -day notice to the other party. The 90 day 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 to 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. 11 a. Comprehensive General Liability coverage with minimum limits of $1,000,000.00 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 $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 provide employees are insurable. c. Professional Liability (errors and omissions) 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. S. 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. ATTEST: CITY OF SOUTH MIAMI CITY CLERK By: Dr. Hector Mirabile City Manager CITY ATTORNEY Thomas F. Pepe RESOLUTION NO. 73 -11 -13387 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Thomas F. Pene as City Attorney; and providing for an effective date. WHEREAS, Article 1I, 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, on April 21, 2011 the following respondents to an RFQ for the selection of a City Attorney provided a presentation to the Commission: Acting City Attorney Thomas F. Pepe, Esquire, Cynthia A. Everett, P.A., and John R. Herin, Jr., Shareholder with Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. WHEREAS, the City Commission, after the evaluation of the above three respondents, wishes to appoint Thomas F. Pepe to serve as City Attorney for the City of South Miami. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That Thomas F. Pe ne be hereby appointed to serve as City Attorney for the City of South Miami, Section 2. That Thomas F. Pe ne is hereby directed to present a written contract for its approval at the next Commission meeting. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 3rd day of May, 2011. COMMISSION VOTE: 3 -2 Mayor Stoddard: Nay Vice Mayor Newman: Yea Commissioner Palmer:: Yea Commissioner Beasley: Nay Commissioner Harris: Yea Page 1 of i Additions shown by underlining and deletions shown by ••^- `„' r .