_add-on a)Add-On a)
Commission Meeting: .02-07-17
Sponsored by: Commissioner Edmond
RESOLUTION NO. ________ _
2 A Resolution instructing the City Manager to sign an addendum to contract with
3 Thomas F. Pepe, Esquire, to provide legal services as the City Attorney for the
4 City of South Miami.
5 Whereas, Article II, Section 7, A., 2. of the Charter of the City of South Miami
6 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 contract with Thomas F. Pepe for legal services as the
10 City Attorney for South Miami on March 15,2011 for a three-year term, expiring on March
11 15,2014; and
12 Whereas, the City extended Thomas F. Pepe's City Attorney contract to and including
13 May 15,2014; and
14 Whereas, the City extended Thomas F. Pepe's contract to and including, April 16, 2017.
15 A copy of the contract is attached; and
16 Whereas, Thomas F. Pepe is an expert in City, County and Local Government law, as
17 certified by The Florida Bar Association; and
18 Whereas, the City of South Miami desires to extend Mr. Pepe's City Attorney contract
19 to and including April 16, 2018.
20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
22 Section I: . The City Manager is hereby instructed to sign an addendum to the contract
23 between the City of South Miami and Thomas F. Pepe, Esquire, as the City Attorney, for legal
24 services to be provided to the City of South Miami by Thomas F. Pepe, Esquire, extending the
25 term of the contract to and including April 16, 2018.
26 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
27 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
28 not affect the validity of the remaining portions of this resolution.
29 Section 3. Effective Date. This resolution shall become effective immediately upon
30 adoption by vote of the City Commission.
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PASSED AND ADOPTED this __ day of _____ :, 2017.
ATTEST: APPROVED:
CITY CLERK MAYOR
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READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 2,
Add-On a)
Commission Meeting: 02-07-17
Sponsored by: Commissioner Edmond
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
AGREEMENT FOR LEGAL SERVICES
This Agreement is_entered into this 16th 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 aU 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 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
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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 1 5 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 ftOr 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.
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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, fme, 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:
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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 anellor 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$l,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 $ 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: Th,e City Manager, acting on behalf of the City, and the City
Attorney have executed"-ment as of the date fIrst written above.
IN WlTNES OF, e . es hereto have hereinafter put their hand and seals on or
Signa
Signa
Maria Menendez
City Clerk -,
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CONTRACT ADDENDUM
THIS ADDENDUM TO THE CONTRACT THAT IS DATED 16th DAY OF APRIL, 2014 is being made
and entered into on this _________ day of February, 2017, by and between Thomas F. Pepe, Esquire, hereafter
referred to as “City Attorney”, and the City Commission for the City of South Miami, through its City Manager,
hereafter referred to as “City”.
WITNESETH:
The term of the April 16, 2014 contract is hereby extended to, and including, April 16, 2018. All other
provisions of the contract shall remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this Contract Addendum on or before
the day and date first above written.
Thomas F. Pepe
Signature: ____________________________
ATTESTED: CITY OF SOUTH MIAMI
_______________________ ________________________________
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language,
Legality and Execution thereof:
________________________
City Attorney