Res No 018-17-14819RESOLUTION NO.01 8~1 7~1 481 9
A Resolution instructing the City Manager to sign an addendum to contract with
Thomas F.Pepe,Esquire,to provide legal services as the City Attorney for the
City of South Miami.
Whereas,Article II,Section 7,A.,2.of the Charter of the City of South Miami
establishes the office of City Attorney;and
Whereas,theCity Attorney is appointed byandservesatthewilland pleasure of theCity
Commission;and
Whereas,the City entered intoa contract with Thomas F.Pepeforlegal services asthe
City Attorney for South Miami on March 15,2011 fora three-year term,expiring on March
15,2014;and
Whereas,theCity extended ThomasF.Pepe's City Attorney contract toand including
May 15,2014;and
Whereas,theCity extended Thomas F.Pepe's contract toand including,April 16,2017.
Acopy of the contract is attached;and
Whereas,Thomas F.PepeisanexpertinCity,CountyandLocal Government law,as
certified by The Florida Bar Association;and
Whereas,the City of South Miami desires to extend Mr.Pepe's City Attorney contract
toand including April 16,2018.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section I:.The City Manager is hereby instructed tosignan addendum tothe contract
betweentheCity of SouthMiamiandThomasF.Pepe,Esquire,astheCity Attorney,forlegal
servicestobe provided totheCity of SouthMiamibyThomasF.Pepe,Esquire,extending the
term of the contract toand including April 16,2018.
Section 2.Severability.Ifanysectionclause,sentence,or phrase of this resolution isfor
any reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3.Effective Date.This resolution shall become effective immediately upon
adoption byvote of theCity Commission.
PASSEDANDADOPTED this7th day of February ,2017.
READ AND APPROVED AS TO FORM,
LANGUAGE,LEGALITY AND
EXECUTION THEREOF
Page 1
APPROVED:
M0M0
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
4-0
Yea
Yea
Yea
Res.No.018-17-14819
Page 2
Commissioner Liebman:
Commissioner Harris:
absent
Yea
AGREEMENT FOR LEGAL SERVICES
This Agreement is.enteredintothis 16th dayof April,2014,byand between theCityof
South Miami,located at 6130 Sunset Drive,SouthMiami,Florida 33143,and Thomas F.Pepe,
Esquire,locatedat1450 Madruga Avenue,Suite202,CoralGables,Florida 33146.
Whereas,ArticleII,Section7,paragraphA(2)of theCharter of theCity of South
Miami establishes the office of City Attorney;and
Whereas,theCityAttorneyisappointedbyandservesatthewillandpleasure of the
City Commission;and
Whereas,the City desires to enter intoa contract with Thomas F.Pepe,Esquire,to
provide legal services as the City Attorney fortheCity of South Miami.
NOW,THEREFORE,theparties mutually agreeasfollows:
1.Scope of Services.ThomasF.Pepe,Esquire,(hereinafter referred toas"City
Attorney")shallrenderalllegalservicesthatarerequiredbytheCity'sCharter,includingbut
shall not be limited to the following:
(a)Attending all regular,specialandemergency meetings of theCityCommission,
as well asall planning board and local planning agency meetings.
(b)Conferring with and advising theCity Commission,the City Manager,CityClerk,
theSouth Miami Community Redevelopment Agency (SMCRA),andthehead of all of the
departments of theCity,aswellasthehead of code enforcement andthe Chief of Policeon
legal matters when requested bythem.
(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'sapprovalastotheform,language,legalityand execution of thedocuments.
(d)Preparation of legal opinionsonmattersaffectingtheCity,astheCommission
maydirect.
(e)Attendance atall City Manager's staff meetings.
(f)Defend the City in all complaints,suits,and controversies in which theCityisa
party,defendantor respondent andprosecuteallclaimson behalf of theCity,asdirectedby
theCity Commission,before anycourtorotherlegally constituted tribunal.Itis understood
thatintheeventthattheprosecution,ordefense,of legalproceedingsrequiresspecialized
legaltraining,educationand/orexperience,otherthanthenormaltraining,educationand
experience of an attorney who hasfive(5)years of municipal legal experience,theCity
Attorney'sdutiesandthe scope of hisworkshallnotinclude those legalservicesforwhich
heisnotskilledand experienced insuchspecializedarea of thelaw.Insuchcase,heis
authorized toretainoutside independent legal counsel,withadvice,consentand approval of
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theCityCommission.The payment forsuchoutsidelegalcounselshallbemadefromthe
City's budgetappropriationfor"LegalServices—Outside Litigation Costs."
(g)The City Attorney shallnotberequiredtoserve as legal counsel onmatters
relatingtopensionsandinallsuchmatterstheCityshallretaintheservices of anattorney
who specializesin pensions andrelatedlegalmatters.
(h)TheCity Attorney shallberesponsibleforprovidinglegalrepresentationinalllabor
matters,eitherdirectlyorindirectlyby retaining theservices of anattorneywhospecializedin
laborrelatedlaw.However,inno event shalltheCity Attorney exceed theCity's budget
appropriation for "Consulting —Labor."
(i)Suchotherprofessionaldutiesthatarecurrentlyrequiredby City Charter,City
ordinance or City resolution.
2.Compensation.
(a)Legal Services —Retainer:Thetotalamount of annual compensation forCity
Attorney'slegalservices/retainer,otherthanservicesrelatingtolaborlaw,shallbe Two
Hundred Thousand Four Hundred ($200,400.00)Dollars.The retainershallbepaidinequal
monthly installmentsand within 15 days of theCity'sreceipt of aninvoiceforsuchfee.The
invoiceshallbe submitted tothe City noearlierthanthe fifteenth day ofthe month thatisto
bepaid.The retainershall increase by 5%onOctober1,2014.
(b)Consulting Labor:The total amount of annual compensation for City
Attorney's services involving orrelatingtolaborlawshallnot exceed Fifty Thousand
($50,000.00)Dollars.The payment forlaborrelated services shallbe billed toandpaid
fromtheCity's budget appropriationtitled"ConsultingLabor"("laborlaw budget").Thecap
forall Consulting Labor compensation shallincreaseby5%on October 1,2014.
(c)In the event that the City Attorney seeks the advice or services of outside
counsel onlabor related matters,heshallbillfor those expenses aspart of the City
Attorney's laborlaw budget.The City Attorney shallbillforhislabor related services at
therate of $200.00 per hour.The City Attorney shallnotbe required to seek theapproval
or consent by resolution nor otherwise toretainthe services of alaborlaw specialist orfor
the payment of the City Attorney's laborlaw services,but inno event shallhisfeesfor
such services or the services of outside labor counsel exceed the City's Consulting Labor
budget.
(i)All specialized laborrelatedlegalservicesforattorneyshiredtorepresentthe
City shall be contracted directlythroughthe City Attorney andthe City shallnot
be directly or indirectly liableforthecost of thoseservicestoanyoneotherthan
the City Attorney andinanyeventarenotto exceed the limit of availablefunds
inthelabor law budget.
(ii)Nothinginthisagreementshallinuretothe benefit of anylaborlawspecialists
hired by the City Attorney ortothe benefit of anyotherpersonorentitywhois
nota signatory to this agreement.
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3 .Reimbursable Expense.The Cityshallnotbechargedforanygeneral office
operatingcosts ofthe City Attorney,suchasofficerent,telephone service,electricity,water,
heat,air conditioning,in-town meals,thecost of office equipment thatisnot solely usedfor
City-related businessandthoseotherexpensesthatarenotdirectlyrelatedtoCitybusiness.
TheCity Attorney shallbereimbursedforallexpensesincurredon behalf of,orforthe
benefitof,theCity which shallbe itemized andbilled separately.Theseexpensesinclude,but
arenot limited to,copying costsattherate of 15 centsperpage,facsimiletransmissioncost of
15 centsperpage,appearancefee of court reporters,costfortranscription oftestimony,
witnessfees,feesforservice of summonsesand subpoenas,courierfees,expressmailing-type
fees,postage,filingfees,travelexpenses(atbusinessclass fare),out-of-town mealsattherate
nogreaterthan stated inFlorida Statutes 112.061,accommodations andtravelrelated
expenses,expert witness fees,translatorfees,cost of investigation,legalresearch by others,
books,duesandpublications,continuinglegaleducationrelatingtomunicipallawand
issues,aerial photography,maps,demonstrative evidence,videographers,etc.An itemized
bill will be delivered to the City nomore often than every two weeks for reimbursement of
these expenses.
4.Term of Agreement and Termination.This agreement shall commence onthe
day following the approval of this contract by resolution of the City Commission andshall
continue without interruption forthreeyears.Eitherparty may terminate andcancelthis
agreementupon giving one hundred eighty (180)days of notice totheotherparty.Theone
hundred eighty (180)days of notice shall commence torun,fora termination by theCity,as
of theend of the month when the notice isdelivered.The City Attorney shallbe entitled to
receivecompensationthroughandincludingthelastday of theterminationperiod.Inthe
event of termination,all documents,files,notes,memoranda,pleadings,exhibits,project
data,reports,evidence andanyother document relatingtothe City or City business shallbe
deliveredtothe City Clerk assoonaspracticable.
5.Indemnification.TheCityshalldefend,holdharmlessand indemnify theCity
AttorneyintheeventtheCityAttorneyismade,oris threatened tobemade,apartytoany
proceeding byreason of hisstatusasCityAttorney,orby reason of anyallegedactor
omissionwhichoccurredwhilehewas acting astheCityAttorney,includingbutnotlimited
to,any alleged claim,fine,penalty,demand orother legal,equitable,or statutory action,
whethergroundlessorotherwise,which arises out ofthe apparent scope of hisworkorhis
authority asCityAttorney.This indemnification provision shall not require theCityto
indemnifytheCityAttorneyforany liability orcost resulting from his malfeasance,
misfeasance orprofessional malpractice.Thisprovisionshallsurvivethetermination of this
agreement.
6.Insurance.TheCity Attorney shall carry the following insurance coverage and
provideacopy of theinsurancecertificatetotheCity:
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a.Comprehensive General Liability coverage withminimum limits of $1,000,000.00
per occurrence combinedsinglelimitforbodilyinjuryliabilityand property
damageliability.Thisshallincludepremisesand/or operations;independent
contractorsandproductsand/orcompletedoperations;broadformproperty
damage;andcontractualliability endorsement.
b.Business Vehicular Liability coverageshallhave minimum limits
of $1,000,000.00per occurrence.CombinedSingle Limit for
Bodily Injury Liability,andPropertyDamage Liability.Thisshall
include Owned Vehicles,Hired and non-Owned Vehicles and
Employees Non-Ownership provided employees areinsurable.
c.Professional Liability (errorsand omissions)coverage shall have
minimum limits of $1,000,000.00peroccurrence with respectto
negligentacts,errorsoromissionsinconnection with the
professional services tobeprovidedandany deductible notto
exceed $20,000.00 each claim.
7.Independent Contractor.This agreementshallnot be deemed tocreatethe
relationship of employer employee between theCityandCity Attorney,andnorightsor
privileges of an employee of theCityshallinuretoCity Attorney.
8.Agreement Date:The City Manager,actingon behalf of the City,and the City
Attorney have executed tjjfe agreement as of the date first written above.
IN WITNESS^afeREOF^jheparties hereto have hereinafter put their hand and seals on or
prior to the date^ffisf^pove writ
ATTESTE
Signaturo^J;
Read and
Legality
Signal
Maria Menendez
City Clerk
iuage,
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CONTRACT ADDENDUM
THISADDENDUM TO THE CONTRACT THAT IS DATED 16th DAYOF APRIL,2014 isbeingmade
and entered into on this *y*^Q day of February,2017,by and between Thomas F.Pepe,Esquire,hereafter
referred toas "City Attorney",and the City Commission for the CityofSouth Miami,through itsCityManager,
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 execu.
the dayand date first above written.
Thomas
Signati
ATTESTED:
V,„.Mapii Menenctez
City Clerk
Read and Approved a?to Form,Lain
Ion thereof;/
SteyerTAIexan der
CityManager
before