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111 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 RESOLUTION: ___ _ A Resolution giving six-month notice to City Attorney Thomas F. Pepe, Esq., as per the terms of his Agreement for Legal Services dated October, 19,2011. 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 Commission wishes to give Mr. Pepe a six-month termination notice in compliance with his Agreement; and WHEREAS, the City Commission wishes to proceed with a Request for Qualification (RFQ) for the search of a city attorney; and WHEREAS, it will be necessary to properly budget for the position of city attorney for the fiscal year 2013-2014; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission of the City of South Miami, Florida hereby give Thomas F. Pepe, Esq. a six-month termination notice as per the terms of his Agreement for Legal Services dated October, 19,2011. Section 2. 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 4. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this _ day of ___ , 2013. • ATTEST: APPROVED: CITY CLERK MAYOR Page 1 of2 1 2 3 4 5 6 7 8 9 10 11 READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 2 of2 COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: RESOLUTION: ___ _ A Resolution giving six-month notice to City Attorney Thomas F. Pepe, Esq., as per the terms of his Agreement for Legal Services dated October, 19,2011. 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 Commission wishes to give Mr. Pepe a six-month termination notice in compliance with his Agreement; and WHEREAS, the City Commission wishes to proceed with a Request for Qualification (RFQ) for the search of a city attorney; and WHEREAS, it will be necessary to properly budget for the position of city attorney for the fiscal year 2013-2014; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission of the City of South Miami, Florida hereby give Thomas F. Pepe, Esq. a six-month termination notice as per the terms of his Agreement for Legal Services dated October, 19, 2011. Section 2. 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 4. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this _ day of ___ , 2013. ATTEST: APPROVED: CITY CLERK MAYOR Page 1 of2 READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 2 of2 COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: RESOLUTION 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 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 as the City Attorney for South Miami for a one (1) year telID 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, F.LORIDA 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 18tl:day of October ,2011. ATTEST: READ AND LANGU EX~, 1.J.-.I;;,foW APPROVED: MAY R COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Palmer: 3-2 Nay Yea Nay Yea Commissioner RalTis: Yea Page 1 of 1 AGREEMENT FOR LEGAL SERVICES This Agreement entered into this .)!lday 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, paragraphA(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 tenn that was to expire 011 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 tenn 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. 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 Redeve!opmentAgency (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 fonn and legal sufficiency of the documents. 1 (d) Preparation oflegal 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, oflegal proceedings requires specialized legal training, education andlor 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 ilLegal 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. G) 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 I-hmdred 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 mmual compensation for City Attomey's services involving or relating to labor law shall not exceed Fifty Thousand ($50',00'0.00) 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" (tllabor 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 Attomey 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 $5,0'0'0 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 coniTacted 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 m'e not directly related to City business. The City Attomey 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 fuml stated in Florida Statutes 112.061, acconunodations and travel related expenses, expert 3 @ .• 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):L; 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 (180) 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 ofterrnination, 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 rus 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 inderrulify the City Attorney for any liability or cost resulting from his malfeasance, misfeasance or professional malpractice. This provision shall survive the tennination of this agreement. 6. Insurance. The City Attorney shall cany 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 occunence combined single limit for 4 bodily injury liability and property damage liability. Tills shall include premises and/or operations; independent contractors and products ancllor completed operations; broad fonn property damage; and contractual liability endorsement. b. Business Vehicular Liability coverage shall have minimum limits of $1,000,000.00 per occurrence. Combined Single Limit for Bodily Injury Liability, and Property Damage Liability. This shall include Owned Vehicles, Hired and non-Owned Vehicles and Employees Non-Ownership provided employees are insurable. c. Professional Liability (errors and omissions) coverage shall have minimum limits of$l,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 110 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 ./~ ~AGER 5 MIAMI CAlLY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Mlaml·Dade County, Florida STATe OF FLORIDA COUNTY OF MIAMI-DADE: I?efore the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal NoUces of the Mi?mi Dally·Business Review ffk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In MiamI-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBUC HEARING FOR OCTOBER 18, 2011 in the XXXX Court, was published in said newspaper in the issues of 10/07/2011 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Miami-Dade 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) and has been entered as second class mall matter at the post offfce In Miami In said Miami-Dade County, Florida, for a ' period of one year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he or 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 publication in the said n'~ ____ ~~~~~~~~::~ Sworn to and subscribed before me this 07 (SEAL) V. PEREZ personally known to me ~,~~~~~~ .,,·"t&.~rif;;~ B. THOMAS , €'.,.~. ,0 < Commission #-DD 937532 ~f'''. E)(pires Novemoor 2,2013 -... ~~, 8on{/~d 'thru lr.:)' 1r.m1";;{l/81lC4t!W'~70J9 ~""-"":MA<';~~~,","""'~~\.t,.~ ': Marla M. M~n~n9~;z,GMC. : :.;:,:; ... ! ':,?ii¥~~~:~.::?·.:~'::~;~"i::i 05, the .City hereby Myises .th~· appeal l'lny. d~~~io[l' m~q: .by, tl)[s , ,,'. t6~~{$Qiqt~fo6~~~~~~1 person may need to' ensyre that a is made whlcn record iliclutles Ihf3 the appealis to be based. ' . '. 11-3-160/1768096M IKE MIAMI HERALD L,;;..M~ia;.;..m",-iH..;,.era_l.::..d.:..;:co:..;:m.:..-___ ",,-____ _ (I.', .. Of": •• ~-:.,;o~. . , . CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HERESY given that the City Commission oltha City of South Miami, Florida will conduct Public Hearlngs at its regular City Commission meeting scheduled for TUAAday. October 1S. 2011. beginning at 7:30 p.m •• in the City Commission Chambers, 6130 Sunset Drive. to ~nslder the following ltem(s): . , A Resolution authorizing the City Manager to sign a contract with Thomas F. Pepe, Esquire, to provide legal services as the City Attorneylorthe City of South Miami, to extend the notice of termination 10 six (6) months and to extend the term of his contract for an additional (2:) year term. A Resolution authorizing the City Manager to amend the City Manager's contract entered into with City of South Miami, deleting the provision granting the City an option to renew and Increasing the ~Istjng three (3) term of the contract by an additional two (2) year$. A Resolution authorizing the City Manager to execute a three (3) year contract agreement with Wlndstream with a monthly service charge of $875.02. A Resolution authorizing the City Manager to execute the Executlme Purchase and Sale, Uoenslng and Support Agreements for the purchase of time and attendance software and hardware components. An Ordinance relating to the fee schedule; amending ordinance 04-11-2077 as amended by ordinances to increase some fees, adding new fees, and deleting some fees trom the schedule. ALL interested parties are inviled to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-603-6340. Best local deals DOlO 900/a Oli daily in your inbox! MiamiHeralll.coml tleaissuer ~ SE SUNDAY, OCTOBER 9, 2011 1 1551: