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17RESOLUTION NO. ________ _ 2 A Resolution authorizing the City Manager to sign a three year contract 3 with Thomas F. Pepe, Esquire, to provide legal services as the City 4 Attorney for the City of South Miami. 5 Whereas, Article II, Section 7, paragraph A(2) of the Charter of the City of South 6 Miami establishes the office of City Attorney; and 7 Whereas, the City Attorney is appointed by and serves at the will and pleasure of the 8 City Commission; and 9 Whereas, the City entered into a previous contract with Thomas F. Pepe for legal 10 services as the City Attorney for South Miami from 2011 to March 15,2014; and 11 Whereas, the City extend Thomas F. Pepe's contract for an additional two months to and 12 including May 15,2014; and 13 Whereas, the City of South Miami desires to enter into a new three year contract with 14 Thomas F. Pepe. 15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 17 Section 1: . The City Manager is hereby instructed to sign the contract between the City 18 of South Miami and Thomas F. Pepe, Esquire, for legal services to be provided to the City of 19 South Miami by Thomas F. Pepe, Esquire pursuant to the terms of the contract that is attached 20 to this resolution. 21 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 22 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 23 not affect the validity of the remaining portions of this resolution. 24 Section 3. Effective Date. This resolution shall become effective immediately upon 25 adoption by vote of the City Commission. 26 27 28 29 PASSED AND ADOPTED this __ day of _____ , 2014. 30 31 32 33 34 35 36 37 38 39 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: 17 AGREEMENT FOR LEGAL SERVICES This Agreement is entered into this _day of , 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 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, 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 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 Page 1 of 4 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 serviceslretainer, other than services relating to labor law, shall be Two Hundred Thousand Four Hundred ($200,400.00) Dollars, eighty (80%) percent ofvmich shall be paid by the City and the balance of t'vventy (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 fH:s.t fifteenth day of the the succeeding 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 , eighty (80%) percent of which shall be paid by the City and the balance oft'vventy (20%)percent 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"). 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 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, 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) 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. (ii) 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 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, Page 2 of 4 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)9 , 2-G-1-l-E on the day following the approval of this contract by resolution of the City Commission and shall continue without interruption until March 15,2014. 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~ 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 provided 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. 8. Agreement Date: The City Manager, acting on behalf of the City, and the City Attorney have Page 3 of 4 executed this agreement as of the date first written above. IN WITNESS WHEREOF, the parties hereto have hereinafter put their hand and seals on or prior to the date first above written. By: ---------------------- Thomas F. Pepe, Esq. ATTESTED: Signature: ________________ __ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: ____________ _ City Attorney CITY OF SOUTH MIAMI By: ---------------------- Steven Alexander City Manager Page 4 of 4 40SE 2014 SE SOAPBOX Summit on parent-student link I've !mown Miami-Dade's Rookie Teacher of the Year Angelica Fulchini (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. Fu1chini 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 !mew 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 sandron@MiamiHerald.com. or write Soapbox. c/o Neighbors, 3Sn NW 91st Ave., Miami. FL 33172. Fax: 30S-376-S287. Letters must address a specif- ic LOCAL issue, and must be signed with a name, dty or neighborhood. as well as a telephone number for ver- ification purposes. Letters more than 3S0 words will not be accepted. and writers are limited to one letter every four weeks. Letters will run as space allows, and may be edited for length, style and clarity. The deadline for letters is noon Wednesday. 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 flrst R.O.O.T.S (Realizing Our Own True Strengths) Mia- mi, a parent and student leadership summit, at FlU's Graham Center. 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.tumblr.com. -Kiesha Moodie, alumni affairs director. Teach For America Miami-Dade We're open early, so you aren't late. Service now open Sunday. (g) 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, Florida will 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 three 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 zoning map amendment to the City of South Miami official zoning map, to re-zone the Agency owned property assemblage referred to as the Marshall Williamson properties, folio numbers 09-4025-000-0850; 09-4025-000-0852; and 09-4025-065-0090, from a current zoning designation of "RS-4" (Single-Family) to the "RM-18" (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 Article IV of Chapter 18, and creating Section 18-27 which shall provide for an additional $50,000 tax exemption for City of South Miami low-income senior citizens. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, 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 record includes the testimony and evidence upon which the appeal is to be based. SOUTH MOTORS HONDA AUTHOR!ZED SERVICE GENTER New Beginners Classes: (866) 475-7566 South Honda. com Overnight $:J Day Camp optitms a\'aHabIe! ~~ .... ~ '-.....--............ .,"' ....... .- Questions? Contact Education Director Emily Berglund 952-769·7636 pigeonkeyed@gmail.com April 7 Mons. & Weds. 10 to 11 am April 8, Tuesday 10 to 11 :30am April 11, Friday 10 to 11:30pm-Spanish Health Recovery Classes: Tuesdays & Thrusdays 12 noon to 1 :30 pm MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M. ZALDIVAR, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/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 NOTICE OF PUBLIC HEARING 4/15/2014 in the XXXX Court, was published in said newspaper in the issues of 04/04/2014 Affiant further says that the said Miami Daily 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 mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the 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 f publication in the said newspaper. (SEAL) M. ZALDIVAR personally known to me ,''''''ft, 8, THOMAS , .. ,,'~i-l!:v P/J""',. Notary PubliC. State of Flor",' ,:.o"t>~ 2 2017 r:" !.~ My comm. Expires NO\l , :. • .d commission 1# FF 034747 . ",,\'t.'}~ Bonded Throug\1 National Notarv Assn.