Res No 047-19-15319RESOLUTION NO. 4 7 —19 —15 319
A Resolution retaining Thomas F. Pepe, Esquire, as the City Attorney for the
City of South Miami and instructing the City Manager to sign the City
Attorney's multi -year contract.
WHEREAS, Article II, Section 7, paragraph A., 2. of the Charter of the City of
South Miami establishes the office of City Attorney and states:
2. A City Attorney and such Assistant City Attorneys as may be necessary
who shall act as the legal advisor for the municipality and all of its officers in
matters relating to their official powers and duties. The City Attorney shall be a
lawyer of at least five years practice in the Courts of the State of Florida
immediately preceding the time of his or her appointment. He or she shall prepare
or review all ordinances, resolutions, contracts, bonds and other written
instruments in which the municipality is concerned and shall endorse on each his
or her approval of the form, language and execution thereof. When required by
the Commission, he or she shall prosecute and defend, for and in behalf of the
City, all complaints, suits, and controversies in which the City is a party, before
any Court or other legally constituted tribunal; he or she shall render such
opinions on legal matters affecting the City as the Commission may direct; and he
or she shall perform such other professional duties as may be required of him or
her by Ordinance or Resolution of the Commission or by this Charter.
; and
WHEREAS, Thomas Pepe, Esquire, has been licensed as an attorney and
counselor at law in all courts in the state of Florida by the Florida Supreme Court since
1974; and
WHEREAS, Thomas Pepe, Esquire, was appointed by the City Commission in
March, 2011, as its City Attorney and has been serving at the will and pleasure of the City
Commission for eight years; and
WHEREAS, the City entered into a contract with Thomas F. Pepe for legal services as
the City Attorney for South Miami on March 15, 2011, for a three-year term, expiring on
March 15, 2014; and
WHEREAS, the City extended Thomas F. Pepe's City Attorney contract in 2014, 2017,
and 2018; and
WHEREAS, Thomas F. Pepe's current City Attorney contract ends on April 16, 2019;
and
WHEREAS, Thomas F. Pepe has briefed and argued approximately 39 cases before
various appellate courts including the Third, Fourth and Fifth District Court of Appeals in
Page 1 of 3
Resolution No. 47-19-15319
Florida as well as the Florida Supreme Court, the federal Fifth Circuit Court of Appeals, federal
Second Circuit Court of Appeals, and the Eleventh Circuit Court of Appeals; and
WHEREAS, Thomas F. Pepe has tried, during his career, in excess of 51 cases in both
Florida circuit courts and in federal courts in Florida and New York. Twenty-six of these trials
were before a jury and many involved contract disputes; and
WHEREAS, Thomas F. Pepe has been certified by The Florida Bar Association as an
expert in City, County and Local Government law; and
WHEREAS, Thomas F. Pepe has attained 158 hours of continuing legal education since
becoming the City's Attorney. The courses involved a variety of areas related to City
government, including labor and employment law, evidence, city, county and local government
law certification, general local government law in Florida, public finance in Florida, advanced
labor topics, Florida land use, drug testing and toxicology, Sunshine law, public records law and
ethics for public officers; and
WHEREAS, the Mayor and City Commission for the City of South Miami desires to
enter into a contract with Thomas Pepe to provide the City of South Miami with legal services
and extend his appointment as City Attorney for a two-year term expiring on April 16, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Attorney's current contract shall continue until a new contract is
approved. The City Attorney shall perform a search for conflict counsel to provide the members
of the Commission with legal advice as to the negotiation of the City Attorney's contract and
present those names to the City Commission for their selection of such attorney.
Section 2. Severability. 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 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 16 day of Agri 1 2019.
ATTEST: APPROVED:
VL"A zvdz)ce�
CITY CAERK MAY
Page 2 of 3
Resolution No. 47-19-15319
READ AND APPROVED AS TO
FORM, LANGUAGE, LEGALITY
AND EXECUTION
CITY ATTORNEY
COMMISSION VOTE: 5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 3 of 3
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: April 16, 2019
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution retaining Thomas F. Pepe, Esquire, as the City Attorney for the City of South Miami and instructing
the City Manager to sign the City Attorneys multi -year contract. 3/5 (Vice Mayor Harris)
Suggested Action:
Attachments:
Res -City Attorney Contract 2019v2.docx
City Attorney Contract 2019v3.docx
MDBR Ad. pdf
Miami Herald ad.pdf
AGREEMENT FOR LEGAL SERVICES
This Agreement is entered into by and between the Mayor and City Commission for
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.
(a) Thomas F. Pepe, Esquire, (hereinafter referred to as "City Attorney") shall
render all legal services that are required by the City's Charter.
(b) In addition, the City Attorney's duties shall include the following:
(i) attendance at all regular, special and emergency meetings of the
City Commission, South Miami Community Redevelopment
Agency, Planning Board and Local Planning Agency meetings;
(ii) conferring with and advising the City Commission, the City
Manager, City Clerk, the South Miami Community Redevelopment
Agency (SMCRA), the Planning Board and Local Planning Agency
as well as the head of all of the departments of the City and the
head of the Human Resources, Code Enforcement, and Purchasing
Divisions, on legal matters when requested by them;
(iii) 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;
(iv) preparation of legal opinions on matters affecting the City, as the
Commission may direct;
(v) attendance at City Manager's staff meetings, when requested;
(vi) defense of the City in all complaints, suits, and controversies in
which the City is a party, defendant or respondent and prosecution
of 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, such as the work of Bond Counsel or Pension
Counsel, the City Attorney's duties and the scope of his work shall
5
Page 1 of 4
not include those legal services. 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
"City Attorney Expense", Account No. 0011500 51 44065. 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; and
(vii) providing legal representation in all labor matters, either directly or
by the City Attorney choosing and retaining the services of an
attorney who specialized in labor related law, but in the latter case it
will be at the City attorney's own expense if he chooses the labor
expert.
(c) 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, including labor law related matters,
shall be Two Hundred Sixty -Two Thousand Nine Hundred Twenty
($262,920.00) Dollars. 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 fifteenth
day of the month when payment is due. The retainer shall increase by 5%
on October 1, 2019.
(b) Labor Related Services: In the event that the City Attorney seeks the
advice or services of outside counsel on labor related matters, it shall be
paid for by the City Attorney from funds received from his retainer.
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, but in no event shall such fees be paid for by the City unless
the City chooses the labor law specialist. All specialized labor related
legal services for attorneys hired by the City Attorney 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. 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.
(c) Outside Counsel: City Attorney is authorized to hire outside legal
specialist to perform work for the City without the need to have such work
approved by resolution provided that: (i) the total amount for each matter
does not exceed $5,000; and (ii) the legal services are billed showing the
date services were rendered, describing the services and providing the
time expended on each date. A copy of the bills shall be included with the
City Attorney's bill for City Attorney expense reimbursement. In the
event that the City Attorney determines that additional work of a legal
specialist is necessary for a particular matter that would exceed the $5,000
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Page 2 of 4
limit, then the City Attorney shall obtain authority by written resolution of
the City Commission for those additional services.
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 or 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, other than for those labor specialists that are
chosen, and hired, by the City Attorney, which expenses 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 provided for 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. The term of this agreement is two years, commencing on April 16, 2019,
and expiring on April 16, 2021.
5. Termination. 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 and all electronically stored documents shall be uploaded to the City's
OneDrive set up for the City Attorney's Office.
6. 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 includes the payment of the deductible/retention but
shall not require the City to indemnify the City Attorney for any liability or cost
not covered by professional liability insurance and which is resulting from his
malfeasance, misfeasance or professional malpractice. This provision shall survive
the termination of this agreement.
N
Page 3 of 4
7. 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 having 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 having 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 having 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.
8. 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.
9. Effective Date. This contract shall become effective upon the date that it is
approved by resolution of the City Commission and shall commence on the date
set forth in paragraph 4 above.
IN WITNESS WHEREOF, the City Manager, acting as the agent for the Mayor and City
Commission, and Thomas F. Pepe have hereinafter set their hand and seals on the date following their
name below.
ATTESTED:
Nkenga A. Payne, CMC
City Clerk
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
Un
City Attorney
Dated:
MAYOR AND CITY COMMISSION
FOR CITY OF SOUTH MIAMI
Loan
Steven Alexander
City Manager
Dated:
Page 4 of 4
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
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS. Legal Notices of the Miemi Daily
Business Review filda Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper.
published at Miami in Miemi-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI - APR
. 2, 2019
in the XXXX Court,
was published in said newspaper in the issues of
03122/2019
Af iiant further says that the said Miami Dairy Business
Review is a newspaper published at Miami. in said Miami -Dade
County. Florida and that the said newspaper has heretofore
been centinuousty published in said Miami -Dade County, Flonda
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 for publication in the said
GUILLERMO GARCIA personally known to me
BARBARATHOMAS
tN Comaission A GG WiT1
•. CxpimsNovember2,2021
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City Commission
meeting scheduled for Tuesday, April 2, 2019, beginning at 7A0 p.m., in the
City Commission Chambers, 6130 Sunset Drive, to consider the following items:
A Resolution retaining Thomas F. Pape, Esquire, as the City Attomey
for the City of South Miami and instructing the City Manager to sign
the City Attorney's multi -year Contrect.
An Ordinance establishing an electric franchise with Florida Power &
Light Company for installation and powering of new LED street lighting
fixtures within the City of South Miami.
An Ordinance pursuant to a request to amend the Official Zoning Map,
amending the zoning designation of the property located at 7600 SW
57 Avenue, and as legally described herein, from 'RS-3' Residential
and'RO' Residential to'LO' Low -Intensity Office. An Ordinance related
to the fee schedule; amending Ordinance 12-18-2301 related to the
tennis fee schedule at Dante Fascell Park, community pool schedule at
Murry Park Aquatic Center, and football and cheedeading program
fee schedule to revise descriptive languageand fees, to add new fees,
and to delete some fees.
ALL interested parties are invited to attend and will be heard.
For further information, please Contact the City Clerk's Office at:
305-683-6340.
Nkenga A Payne, CMC
Cily Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that I a person decides to appeal any decision made by this Hoard, 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 19-157/0000388585M
3/22
265E
NEIGHBORS
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HF,REBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday, April 2, 2019, beginning
at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to
consider the following items:
A Resolution retaining Thomas F. Pepe, Esquire, as the City
Attorney for the City of South Miami and instructing the City
Manager to sign the City Attorney's multi -year contract.
An Ordinance establishing an electric franchise with Florida
Power & Light Company for installation and powering of new
LED street lighting lixtures within the City of South Miami.
An Ordinance pursuant to a request to amend the Official Zoning
Map, amending the zoning designation of the property located at
7800 SW 57 Avenue. and as legally described herein, from "RS-3"
Residential and "RO" Residential to'rL0" Low -Intensity Office.
An Ordinance related to the fee schedule; amending Ordinance
12-18-2301 related to the tennis fee schedule at Dante Fascell
Park, community pool schedule at Murray Park Aquatic Center,
and football and checrleading program fee schedule to revise
descriptive language and fees, to add new fees, and to delete
some fees.
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.
Nkenga A. Payne, CMC
City Clerk
Pursuant io 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 [hat ror Such purpose,
affected person may need measure that a verbatim record of the proceedings
is made which record includes the testimony and evidence upon which the
appeal is to be based,
SUHDAr WKI114201v
MIAMIHERALD.COM
Public Notice
On Wednesday, April 24, 2019. at TOO p.m., the Zoning Board will conduct the
following Public Hearing to be hold of the Pinecrest Municipal Center, Council Chamber,
12645 Pinecrest Parkway, Pinecrest, Florida:
Heating #PZ2019-0424 1. Gulliver Schools, Inc. ('Gulliver") and Immanuel Pmsbyterion Church of
Miami, Inc. I'Cmuibndg.'I, Jointly the applicants, are requesting I) a variance hom the requirements o1
Division 5.25(c) of the Land Development Regrdatlons 10 permit outdo.. lights as the athletic field at a
maximum height of 70a' insmod of 1a Vend 2) o variance tram the requirements of Division 4.411)(31(c)
of the Land Development Regulations to permit a reduction in the amount of required green space, to allow
21.2%green space 119.7%on the Gulliver property and 30.38%on the Crossbridge property] where
35% is otherwise required. Gulliver it currently located of 6491, 6545, 6575, 6675, and 6691 SW 88
Street and Crouoldge Is currently located at 6605 SW Be Sheet,
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Various Types of Coffee
AA Smoothies • Salads • Breakfast
�J Pastelitos a Various Paninis
e • Fine Sweets
Cakes
s for every occasion
LATIN AMERICAN
xBalre t&6?0
090 S.W. 57 Avenue, Miami
Ph: 305-264-2800
rnPatPees e
BREADS:
Cuban Bread
Wheal Cuban Bread
Croissants • Crackers
Palilroques
HOT BREAKFAST SERVED UNTIL NOON:
Scrambled Eggs or Fried with Potatoes, Ham i1 At1
Bacon or Sausage, Toast and Cafe con Leche •
cruR SPECIali
Create brQ6e
Monday thru Thursday: Geri Op.
Friday: 6ani - Saturday: 7am-12m
Sunday: cam-gpm
10