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Res No 038-22-15791RESOLUTION NO. 038-22-15791 A Resolution to teFmiBste renew the current contract with Thomas F. Pepe, Esquire, City Attorney for the City of South Miami, at the end of his current 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 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, the City entered into a contract with Thomas 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. Pepels City Attorney contract in 2014, 2017, and 2019; and WHEREAS, Thomas F. Pepels current contract, executed in 2019, reads: 4. Term. The term of this agreement is one year from the date of the resolution of the City Commission approving' the contract. This contract shall automatically renew unless either the City Commission by resolution or the City Attorney by written communication to all members of the City Commission advises the other, at least 90 days before the end of the term of the contract, of their intent not to renew the contract or of the Commissions intent to publish a solicitation for the Office of City Attorney. In the event of a solicitation, nothing shall prevent the City Attorney from submitting a response to the solicitation. In the event that this contract automatically Page 1 of2 Res. No. 038-2 2-15791 ren ews , it w ill n ot renew more th a n fo ur tim es s o th at th e t ota l term , includ in g renewals , w ill not exceed five years . Sho uld the co ntract term exp ir e without pri or re newa l o r te rmin atio n, the performance a nd compensation terms of this contract w ill be hon o red o n a month -to -month ba s is as long as T homas Pepe an d th e City Commiss io n desire . ; and WHEREAS, this Re so luti on serves as timel y notice to the C ity Atto rne y of the intentio n to terminate renew hi s cont ract at the e nd of its c urrent term. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMM ISSI O N OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section I. The forego in g recitals are hereby ratified and confi rmed as being true and correct a nd a re hereby m ade a spec ifi c part of th is re so luti on up o n adopt io n hereof. Section 2: T he C ity Attorney's contract is he reby term in ated re n ewed effective at th e e nd of its current o ne year term. Section 3. Corrections. Confo rmin g lan g ua ge or technical sc ri vene r-type co rr ec tion s may be m ade by th e C ity Attorney for any conform ing a m e ndme nt s to be incorporated into the final re so luti on fo r s ig na ture . Section 4. Severabil ity . I f a ny sec ti o n c la use, se nt ence , o r phrase of this reso l ution is for a ny reason he ld in va lid o r uncon s titutional by a court of co mpe tent juri s diction , the holding w ill not affect the va lidity of the remaining portion s of thi s resol uti on. Section 5. Effect ive Date. This re so lutio n w ill become effect i ve immediatel y upon ado pti on by vote of the C ity Com mi ss io n . PASSED AN D ADOPTED thi s 5th day of Ap ri l, 2022 . ATTEST : APPROVED: COMM IS S ION VOTE : 3-2 Mayo r Ph ilip s : Yea Co mmi ss io ner Harri s: Yea Co mmi ss ioner Co rey : Nay Co mmi ss ioner Liebma n : Nay Commi ss ione r G i I: Yea Page 2 of2 Agenda Item No:6. City Commission Agenda Item Report Meeting Date: April 5, 2022 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A Resolution to terminate the current contract with Thomas F. Pepe, Esquire, City Attorney for the City of South Miami, at the end of his current term. 3/5 (Commissioner Liebman) Suggested Action: Attachments: Reso terminating CA Contract end of current termCArev.docx Res No 093-19-15365.pdf 1 RESOLUTION NO.93-19-15365 A Resolution retaining Thomas F. Pepe, Esquire, as the City Attorney for the City of South Miami, approving his written contract and instructing the Qty Mayor to execute the contract on behalf of the City. 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: SECTION 7.Officers A. Appointments. The Commission shall appoint the following, who shall be officers of the City who shall serve at the pleasure of the Commission: 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, Article III, Section 5, paragraph H of the Charter of the City of South Miami states: The City Manager shall be the chief executive officer and head of the administrative branch of the City government. He or she shall be responsible for the proper administration of all affairs of the City. He or she shall have the following powers and duties to: H. Contract for the purchase of any goods or services for any department of the City in an amount up to and including $5,000.00. All contracts for goods and services in excess of $5,000.00 shall be approved by the City Commission. The City Manager shall report all expenditures to the City Commission monthly. All purchases shall be approved after competitive conditions shall have been maintained and competitive bids sought from at least three different sources of supply if available, such determination to be made by the Commission, and, notwithstanding the foregoing, the City may make purchases through other Page 1 of 4 4 \. RESOLUTION NO. 93-19-15365 A Resolution retaining Thomas F. Pepe, Esquire, as the City Attorney for the City of South Miami, approving his written contract and instructing the (;ity MaBageF Mayor to execute the contract on behalf of the City. 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: SECTION 7. Officers A. Appointments. The Commission shall appoint the following, who shall be officers of the City who shall serve at the pleasure of the Commission: *** 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, Article III, Section 5, paragraph H of the Charter of the City of South Miami states: The City Manager shall be the chief executive officer and head of the administrative branch of the City government. He or she shall be responsible for the proper administration of all affairs of the City. He or she shall have the following powers and duties to: *** H. Contract for the purchase of any goods or services for any department of the City in an amount up to and including $5,000.00. All contracts for goods and services in excess of$5,000.00 shall be approved by the City Commission. The City Manager shall report all expenditures to the City Commission monthly. All purchases shall be approved after competitive conditions shall have been maintained and competitive bids sought from at least three different sources of supply if available, such determination to be made by the Commission, and, notwithstanding the foregoing, the City may make purchases through other Page 1 of4 Resolution No. 93-19-15365 governmental agencies that have followed similar bidding procedures. This subsection does not apply to the purchase of legal and expert services that have been approved by the City Commission. and WHEREAS, Article VI, Section 6 of the Charter of the City of South Miami states: SECTION 6. Autonomy. Neither the Commission nor any of its members shall direct or request the removal of any person from office by the City Manager or by any of his or her subordinates, or in any manner take part in the removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry and for the purpose of interviewing any candidate for department director prior to appointment by the City Manager subject to the City Commission's approval, the Commission and its members shall deal with the administrative service solely through the City Manager and neither the Commission nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. This section shall not apply to officers appointed under Article II, Section 7 of 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 written City Attorney contract was scheduled to expire 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 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 Page 2 of 4 5 Resolution No. 93-19-15365 .' '. " governmental agencies that have followed similar bidding procedures. This subsection does not apply to the purchase of legal and expert services that have been approved by the City Commission. ; and WHEREAS, Article VI, Section 6 of the Charter of the City of South Miami states: SECTION 6. Autonomy. Neither the Commission nor any of its members shall direct or request the removal of any person from office by the City Manager or by any of his or her subordinates, or in any manner take part in the removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry and for the purpose of interviewing any candidate for department director prior to appointment by the City Manager subject to the City Commission's approval, the Commission and its members shall deal with the administrative service solely through the City Manager and neither the Commission nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. This section shall not apply to officers appointed under Article II, Section 7 of 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 written City Attorney contract was scheduled to expire 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 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 Page 2 of4 Resolution No. 93-19-15365 . 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 local government 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 City Commission at its April 16, 2019 meeting resolved that the City Attorney's current contract shall continue until a new contract is approved and instructed the City Attorney to 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; and WHEREAS, several conflict counsel candidates were found, and their names and resumes were presented to the City Commission; and WHEREAS, the City Commission instructed the City Attorney to retain Rafael Suarez - Rivas as conflict counsel; and WHEREAS, the City Commission members who desired to seek Mr. Rivas's advice have done so; 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 one-year term. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: Thomas F. Pepe's appointment as City Attorney shall continue in accordance with the terms of his new contract, a copy of which is attached to this resolution. The City Manager, as an agent of the City Commission and pursuant to the City's Charter, shall execute the City Attorney's contract on behalf of the City. 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 16t" day of Jam, 2019. Page 3 of 4 6 Resolution No. 93-19-15365 "I' I, 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 local government 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 recorQs law and ethics for public officers; and WHEREAS, the City Commission at its April 16, 2019 meeting resolved that the City Attorney's current contract shall continue until a new contract is approved and instructed the City Attorney to 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; and WHEREAS, several conflict counsel candidates were found, and their names and resumes were presented to the City Commission; and WHEREAS, the City Commission instructed the City Attorney to retain Rafael Suarez- Rivas as conflict counsel; and WHEREAS, the City Commission members who desired to seek Mr. Rivas's advice have done so; 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 one-year term. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: Thomas F. Pepe' s appointment as City Attorney shall continue in accordance with the terms of his new contract, a copy of which is attached to this resolution. The City Manager, as an agent of the City Commission and pursuant to the City'S Charter, shall execute the City Attorney's contract on behalf of the City. 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 16th day of July, 2019. Page 3 of4 Resolution No. 93-19-15365 ATTEST: Pawi CITY CLERK APPROVED: AS TO COMMISSION VOTE: ITY Mayor Stoddard: Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: Commissioner Gil: 5- 0 Yea Yea Yea Yea Yea Page 4 of 4 7 Resolution No . 93-19 -15365 ATTEST: APPROVED: CITY ERK COMM ISS ION VOTE: ~-O Mayor Stoddard: Yea V ice Mayor Harris: Yea Comm issione r We ls h : Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 4 of 4 Agenda Item No:2. City Commission Agenda Item Report Meeting Date: July 16, 2019 Submitted by: Nkenga Payne 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, approving his written contract and instructing the City Manager to execute the contract on behalf of the City. 3/5 ice Mayor Harris) (Public Hearing was on 7/2/19) Suggested Action: Attachments: Res -City Attorney Contract 2019v4.docx City_Attorney_Contract_2019v6.doc City Attorney Contract 2019v6.1 redline (1).pdf MDBR Ad. pdf MH Ad. pdf 1 8 City Commission Agenda Item Report Meeting Date: July 16, 2019 Submitted by: Nkenga Payne Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: Agenda Item No:2. A Resolution retaining Thomas F. Pepe, Esquire, as the City Attorney for the City of South Miami, approving his written contract and instructing the City Manager to execute the contract on behalf of the City. 3/5 (Vice Mayor Harris) (Public Hearing was on 7/2/19) Suggested Action: Attachments: Res -City Attorney Contract 20i9v4.docx City_Attorney_Contract_20i9v6.doc City Attorney Contract 20i9v6.i redline (i).pdf MDBR Ad.pdf MH Ad.pdf 1 AGREEMENT FOR LEGAL SERVICES This Agreement is entered into 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 Commission desires to have the City enter into a written contract with Thomas F. Pepe, Esquire for legal services to be provided by him as the City Attorney for the City of South Miami and to serve at the will and pleasure of the City Commission. 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, provided, however, that the City Commission may direct or authorize others to participate in the delivery of legal services. Should the City Attorney provide service to private clients outside the scope of this agreement, he shall take all actions, within a 40 hour work week, to ensure that legal work for the City of South Miami, authorized herein, always receives the highest priority, and that the private workload shall never delay any work product or meeting described in the scope of this Agreement. a) In addition, the City Attorney's duties shall include the following: i) Attend at all regular, special and emergency meetings of the City Commission, the Environmental Review and Preservation Board, and the Planning Board (Local Planning Agency); ii) Confer with and advise the City Commission, the City Manager, City Clerk, the Environmental Review and Preservation Board, the Planning Board, 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 with the approval of the City Manager; iii) Prepare and/or review all ordinances, resolutions, contracts, bonds, employment agreements and other documentation or other written municipal instruments as requested; iv) Provide an indication as to the legality or lack thereof, and any recommended revisions to ensure the legality of all resolutions and ordinances, prior to the City Manager placing them on the City Commission agenda; v) Prepare legal opinions on matters affecting the City, as the Commission may direct or as staff may request; vi) Attend the City Manager's staff meetings, when requested; Page 1 of 5 9 AGREEMENT FOR LEGAL SERVICES This Agreement is entered into 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 Commission desires to have the City enter into a written contract with Thomas F. Pepe, Esquire for legal services to be provided by him as the City Attorney for the City of South Miami and to serve at the will and pleasure of the City Commission. 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, provided, however, that the City Commission may direct or authorize others to participate in the delivery of legal services. Should the City Attorney provide service to private clients outside the scope of this agreement, he shall take all actions, within a 40 hour work week, to ensure that legal , work for the City of South Miami, authorized herein, always receives the highest priority, and that the private workload shall never delay any work product or meeting described in the scope of this Agreement. (a) In addition, the City Attorney's duties shall include the following: (i) Attend at all regular, special and emergency meetings of the City Commission, the Environmental Review and Preservation Board, and the Planning Board (Local Planning Agency); (ii) Confer with and advise the City Commission, the City Manager, City Clerk, the Environmental Review and Preservation Board, the Planning Board, 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 with the approval of the City Manager; (iii) Prepare and/or review all ordinances, resolutions, contracts, bonds, employment agreements and other documentation or other written municipal instruments as requested; (iv) Provide an indication as to the legality or lack thereof, and any recommended revisions to ensure the legality of all resolutions and ordinances, prior to the City Manager placing them on the City Commission agenda; (v) Prepare legal opinions on matters affecting the City, as the Commission may direct or as staff may request; (vi) Attend the City Manager's staff meetings, when requested; Page 1 of5 vii) Defend the City in all complaints, suits, and controversies in which the City is a party, and prosecute all claims on behalf of the City, as directed by the City Commission, before any court or other legally constituted tribunal, provided, however, that other attorneys provided through the City's insurance policies or other outside counsel as may be approved or selected by the City Commission may occasionally provide such defense. viii) Recommend and coordinate outside legal services in specialized areas such as Land Use, Labor (Employment Law), Bonds, Pensions, P3s, etc., with prior approval by the City Commission. The City Attorney shall not be required to serve as sole legal counsel on matters relating to legal specialties outside his areas of expertise. When, in the opinion of the City Commission, the City's legal service should be provided by individuals with specialized legal training, education and/or experience, the City Attorney's duties and the scope of his work shall not include those legal services, other than in a supervisory capacity. In such case, the City Commission may authorize the City Attorney to retain outside counsel. Payment for such outside legal counsel shall be made from the City's budget appropriation for "Outside Professional Legal Services", Account No. 001-1500-514-3410 and no deduction shall be made from the City Attorney's retainer. b) Such other professional duties that are currently required by City Charter, City ordinance, or City resolution. Should the City install a legal work -tracking system that automatically records the requests for legal services by City staff and Commission members, the City Attorney will incorporate this system into his work process when it becomes functional. However, in the event that the system causes the City Attorney, significant extra time or expense in operation of the system, the City Attorney shall have a right to reopen negotiations of the contract solely to negotiate additional compensation for the extra time and expense. c) Use of an emergency records backup system whereby all records related to the City's legal matters shall be retained and archived using the City's secure digital storage resources in a secure manner approved by and coordinated through the City's IT services. Such records shall be available to the City Commission which may share them with the Charter Officers as necessary, including in a situation where the City Attorney may become indisposed. Due to the fact that the City has previously allowed the City Attorney to serve private clients while serving the City, a separate backup storage system shall be used for the City's legal matters to avoid creating City access to files of private clients. 2. Compensation. a) Legal Services Retainer: The total amount of annual compensation for City Attorney's legal services/retainer, exclusive of approved expenses (delineated below) and exclusive of outside legal services (labor/employment law, land use, etc.), is Two Hundred Sixty -Eight Thousand Four Hundred Fifty -Nine 268,459.00) 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 in which payment is due. The retainer shall increase by the CPI adjustment for Page 2of5 10 .' (vii) Defend the City in all complaints, suits, and controversies in which the City is a party, and prosecute all claims on behalf of the City, as directed by the City Commission, before any court or other legally constituted tribunal, provided, however, that other attorneys provided through the City's insurance policies or other outside counsel as may be approved or selected by the City Commission may occasionally provide such defense. (viii) Recommend and coordinate outside legal services in specialized areas such as Land Use, Labor (Employment Law), Bonds, Pensions, P3s, etc., with prior approval by the City Commission. The City Attorney shall not be required to serve as sole legal counsel on matters relating to legal specialties outside his areas of expertise. When, in the opinion of the City Commission, the City'S legal service should be provided by individuals with specialized legal training, education and/or experience, the City Attorney's duties and the scope of his work shall not include those legal services, other than in a supervisory capacity. In such case, the City Commission may authorize the City Attorney to retain outside counsel. Payment for such outside legal counsel shall be made from the City'S budget appropriation for "Outside Professional Legal Services", Account No. 001-1500-514-3410 and no deduction shall be made from the City Attorney's retainer. (b) Such other professional duties that are currently required by City Charter, City ordinance, or City resolution. Should the City install a legal work-tracking system that automatically records the requests for legal services by City staff and Commission members, the City Attorney will incorporate this system into his work process when it becomes functional. However, in the event that the system causes the City Attorney, significant extra time or expense in operation of the system, the City Attorney shall have a right to reopen negotiations of the contract solely to negotiate additional compensation for the extra time and expense. (c) Use of an emergency records backup system whereby all records related to the City's legal matters shall be retained and archived using the City'S secure digital storage resources in a secure manner approved by and coordinated through the City'S IT services. Such records shall be available to the City Commission which may share them with the Charter Officers as necessary, including in a situation where the City Attorney may become indisposed. Due to the fact that the City has previously allowed the City Attorney to serve private clients while serving the City, a separate backup storage system shall be used for the City's legal matters to avoid creating City access to files of private clients. 2. Compensation. (a) Legal Services Retainer: The total amount of annual compensation for City Attorney's legal services/retainer, exclusive of approved expenses (delineated below) and exclusive of outside legal services (labor/employment law, land use, etc.), is Two Hundred Sixty-Eight Thousand Four Hundred Fifty-Nine ($268,459.00) 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 in which payment is due. The retainer shall increase by the CPI adjustment for Page 2 of5 Miami -Ft. Lauderdale -West Palm Beach, if positive, at the start of every fiscal year. The retainer shall be billed to and paid by the Finance Department from the account for "Legal Services Retainer", Account No. 001-1500-514-3120. b) The monthly retainer invoice shall include a generalized breakdown of the time spent on assignments and litigation by identifying the department or commissioner assigning the work, or if litigation, by identifying the case, followed by the approximate number of hours expended in that month for each department, Commission member and case. If the City Manager assigns cost - recoverable legal work to the City Attorney, the City Attorney shall include a separate line item in his monthly billing identifying the project, as well as the date, description of legal services performed and amount of time in 1 Oths of an hour spent on each project. c) Outside Counsel: The City Attorney is authorized to hire outside legal specialists 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 for such outside counsel shall be included with the City Attorney's bill for reimbursement and shall be charged to the City's budget appropriation for "Outside Professional Legal Services", Account No. 001-1500- 514-3410; and (iii) 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 limit, then the City Attorney shall obtain authority by written resolution of the City Commission for those additional services which shall include a describe the need for such service, and an estimate of the ultimate expense of such service. Once approved by the Commission, these services shall be billed to and paid by the Finance Department from the account for "Outside Professional Legal Services", Account No. 001-1500-514-3410. d) Additional services for Third Parties. In the event that the City Attorney performs services that are paid for by third parties, such as legal review of public records prior to release, the City shall pay the City Attorney the fees that the City collects from third parties for these services. e) Archiving City Attorney Files. At the City's option and expense, the City Attorney shall allow the City's information technology specialist to establish an automatic uploading of all of the City Attorney files in real time that relate to City business, provided such system does not interfere with the operations of the City Attorney or his office and provided it does not change the date modified stamp on the documents. 3. Reimbursable Expense. The City shall not be charged for liability insurance or 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, 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. 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, Page 3 of 5 11 Miami-Ft. Lauderdale-West Palm Beach, if positive, at the start of every fiscal year. The retainer shall be billed to and paid by the Finance Department from the account for "Legal Services Retainer", Account No. 001-1500-514-3120. (b) The monthly retainer invoice shall include a generalized breakdown of the time spent on assignments and litigation by identifying the department or commissioner assigning the work, or if litigation, by identifying the case, followed by the approximate number of hours expended in that month for each department, Commission member and case. If the City Manager assigns cost- recoverable legal work to the City Attorney, the City Attorney shall include a separate line item in his monthly billing identifying the project, as well as the date, description of legal services performed and amount of time in 10ths of an hour spent on each project. (c) Outside Counsel: The City Attorney is authorized to hire outside legal specialists 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 for such outside counsel shall be included with the City Attorney's bill for reimbursement and shall be charged to the City's budget appropriation for "Outside Professional Legal Services", Account No. 001-1500- 514-3410; and (iii) 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 limit, then the City Attorney shall obtain authority by written resolution of the City Commission for those additional services which shall include a describe the need for such service, and an estimate of the ultimate expense of such service. Once approved by the Commission, these services shall be billed to and paid by the Finance Department from the account for "Outside Professional Legal Services", Account No. 001-1500-514-3410. (d) Additional services for Third Parties. In the event that the City Attorney performs services that are paid for by third parties, such as legal review of public records prior to release, the City shall pay the City Attorney the fees that the City collects from third parties for these services. (e) Archiving City Attorney Files. At the City's option and expense, the City Attorney shall allow the City's information technology specialist to establish an automatic uploading of all of the City Attorney files in real time that relate to City business, provided such system does not interfere with the operations of the City Attorney or his office and provided it does not change the date modified stamp on the documents. 3. Reimbursable Expense. The City shall not be charged for liability insurance or 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, 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. 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, Page 3 of5 courier fees, express mailing -type fees, postage, filing fees, travel expenses refundable/changeable economy 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, paralegal work, books, dues and publications, continuing legal education relating to municipal law and issues, aerial photography, maps, demonstrative evidence, videographers, etc. These services shall be billed to and paid by the Finance Department from the account for "Non -Professional Legal Expenses", Account No. 001-1500-514- 4065. An itemized bill will be delivered to the City no more often than every two weeks and no less than monthly for reimbursement of these expenses. Expenses for litigation shall be accounted for separately and by case name. 4. Term. The term of this agreement is one year from the date of the resolution of the City Commission approving this contract. This contract shall automatically renew unless either the City Commission by resolution or the City Attorney by written communication to all members of the City Commission advises the other, at least 90 days before the end of the term of the contract, of their intent not to renew the contract or of the Commission's intent to publish a solicitation for the Office of City Attorney. In the case of a solicitation, nothing shall prevent the City Attorney from submitting a response to the solicitation. In the event that this contract automatically renews, it will not renew more than four times so that the total term, including renewals, will not exceed five years. Should the contract term expire without prior renewal or termination, the performance and compensation terms of this contract will be honored on a month -to -month basis as long as Thomas Pepe and the City Commission desire. 5. Termination. Either the City Commission or the City Attorney may terminate and cancel this agreement without cause. If the Commission passes a resolution to terminate the contract for any reason other than for cause, the City attorney shall be entitled to receive severance pay at the contract rate paid on the 15`h of the month for four months. 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. Following a resolution by the majority of the Commission to terminate the contract, the City Attorney may resign and declare a voluntary termination as of that date. Should a significant breach of contract occur, written notice of the breach of contract shall be provided by the Commission to the City Attorney. A substantial finding by the Commission that the City Attorney is in significant breach of the contract shall constitute cause for immediate termination. 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 Page 4 of 5 12 " courier fees, express mailing-type fees, postage, filing fees, travel expenses (refundable/changeable economy 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, paralegal work, books, dues and publications, continuing legal education relating to municipal law and issues, aerial photography, maps, demonstrative evidence, videographers, etc. These services shall be billed to and paid by the Finance Department from the account for "Non-Professional Legal Expenses", Account No. 001-1500-514- 4065. An itemized bill will be delivered to the City no more often than every two weeks and no less than monthly for reimbursement of these expenses. Expenses for litigation shall be accounted for separately and by case name. 4. Term. The term of this agreement is one year from the date of the resolution of the City Commission approving this contract. This contract shall automatically renew unless either the City Commission by resolution or the City Attorney by written communication to all members of the City Commission advises the other, at least 90 days before the end of the term of the contract, of their intent not to renew the contract or of the Commission's intent to publish a solicitation for the Office of City Attorney. In the case of a solicitation, nothing shall prevent the City Attorney from submitting a response to the solicitation. In the event that this contract automatically renews, it will not renew more than four times so that the total term, including renewals, will not exceed five years. Should the contract term expire without prior renewal or termination, the performance and compensation terms of this contract will be honored on a month-to-month basis as long as Thomas Pepe and the City Commission desire. 5. Termination. Either the City Commission or the City Attorney may terminate and cancel this agreement without cause. If the Commission passes a resolution to terminate the contract for any reason other than for cause, the City attorney shall be entitled to receive severance pay at the contract rate paid on the 15 th of the month for four months. 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. Following a resolution by the majority of the Commission to terminate the contract, the City Attorney may resign and declare a voluntary termination as of that date. Should a significant breach of contract occur, written notice of the breach of contract shall be provided by the Commission to the City Attorney. A substantial finding by the Commission that the City Attorney is in significant breach of the contract shall constitute cause for immediate termination. 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 Page 4 of5 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. 7. Insurance. The City Attorney shall carry the following insurance coverage at his expense, 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. IN WITNESS WHEREOF, the Mayor,-, acting as the agent for the City Commission, and Thomas F. Pepe, individually have hereinafter set their hand and seals on the date following their name below. ATTESTED: CITY OF SOUTH MIAMI CITY COMMISSION Nkenga A Payne, C1V Philip K. Stoddard City Clerk Mayor Dated: i, t. T,. y Z READ AND APPROVED AS TO FORM, LANGUAGE; ,L GALITY A EXEC'CJTIO'N EREOF: Thomas F. Pepe, individ allytand as CitY Attorney Dated: Page 5 of 5 13 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. 7. Insurance. The City Attorney shall carry the following insurance coverage at his expense, 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. IN WITNESS WHEREOF, the Mayor,-, acting as the agent for the City Commission, and Thomas F. Pepe, individually have hereinafter set their hand and seals on the date following their name below. ' ATTESTED: By: \\ \: J ..... '.~~<, " \ :"'t.. ! Nke~ga k.~ Payne, C~ City Clerk _, READ AND APPROVED AS TO FORM, LANG~A,~~~"c GA, LITY7 A,.,' " ' EXECOTIO~ EREOF:;'" " . .' ',' :~ , yl ',,: I ._: / " \ /J \ t. I ' t./ ,,' '. 1 "",:' ; By: ' .' ; , .............:, '\fo.; \" ":" • '/ Thomas>F. Pepe, individ ally?and as City. Atto,meYl ,': ,.l Dated:r! Ii' /;}j'.'; 1-~1 . ( CITY OF SOUTH MIAMI CITY COMMISSION "f /'. ': ',~,: /; By: i "',. ! /-. ·'~'('';'''~'~_~./I~".J' Philip K. Stoddard Mayor Dated: i (;, J .... 7 Ie'~:' :1 Page 5 of5 MIAMI DAILY BUSINESS REVIEW Published flatly except Saturday Sunday and Least Holidays Munn IaianmDeds County Flnndn STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARC,A, who on oath says that he or she is the DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily Business Review frk/a Miami Review, a daily (except Saturday. Sunday and Legal Holidays) newspaper published at Miami in Miami-Dede County. Florida. that the attached copy of advertisement being a Legs' Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -JUL 2. 2019 in the XXXX Coun. was published in said newspaper in the issues of 06/ 21/2019 Af iant further says that the said Miami Daily Business Review is a newspaper published at Miami. in said Idiami-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 inatter at the post ofiice in Miami in said Miami -Dade County. Fiona 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 rebatecommission or refund for the purpose of secudng this advertisement for publication in the said newspaper. personally known to me o CITY OF SOUTH M U M I NOTICE OF PUBLIC °HEARING NOTWETS HERESY given that the City Contmieslon of 'me CSty oiS +'" Miami, Florida will conduct Pub!ic Hawing(s) at its regular City Commission meetingscheduledforTuesday, July 2, 2019, beginning at 7A0 p.m., in the CityCommissionChamhers. 6130 Sunset Drive, to consider the following item( s): A Resolution retaining Thomas F. Pepe, Esquire, as the City Attorney tar Souththe CityOfMiami, the City Manageoe ecuttapproving hecoinstructingcontractonbehalf of he City. 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 Clark Pursuant to Florida Statutes 286.0105. the City, hereby, advises the public that it a persondecidestoappealanydecisionmadebythisBoard, Agency or Commission with respect to any matter considered at its meeting or hearing, he or shewillneedarecordoftheproceedings, and that for such purpose, affected person mayneedtoensurethataverbatimrecordoftheproceedings. 1s made whichrecordincludesthetestimonyandevidenceuponwhichtheappealistobebased. 19-8510000408463M 6121 14 MIAMI D A ILY BUSINESS REVI EW Publish,,:;: Dally (.~ce;pl Sli:urda;' S1,J:ld:'1 .1'.r:! L(:g~1 HoIl<la yS M,anll Mlimll·OmJE COUlllj' Flondll STATE OF F L ORIDA COU NTY OF MIAM I-DADE : personally <lDpes red thai he or she IS Ihe Before the un::!ersigned authority GUILLERMO GARC',f..., wh o on C3lh !;3y~ {j1F:.<=CTOF<. Or: OP'-R" -'0' '5 ' _ I:. /"'I I \>; ... egal i'lollces of Ihe M iami DLllly BUSiness ReV iew Uk/a Miami Revl~w a d 'I Salurd<l'. C" • aly (e)(cept ~ SundeW and legal HolidayS ) newspape r pl.bllshed at MiamI in Miami-Dade Count\-' Flon~.; thai the at!a~hec COP'.' of ac~'e rilsemenl being ;;; l,::oa' ;'.dv€rtl se manl of Nolice m the matler of - NOTICE OF PUBLIC HEARING C ITY OF SOUTH 'v,IAr>!,i -JUL 2 20H! In ti".e xxx>: Cour: was ;Jubllshe.7l m said newspape:r In the Issues o f 06121/2019 . ~fflant funher says th'lI Ihe-said Miami Dail~' EUSU1ESS RevIEw IS a newspaper published a\ ivi iaml In said Mlaml-Dad- County . FlOrida and ;1li!H the said newe pape, ' ~ ha ~ herelololE: bee:1 continuously pubhs!led In said Mlaml-D,oe ,," C Ollnty Florida each day (except SalUrday . Sunday and Legal holidays) 211d h2"S been entered as second class mail maner al Ihe pas\ ofilc£: In Miami In said Miami-Dade County Franca for a r 01 onE vear nex' pre -d" pe lOCI ,,_ \ C", mg l h{: ,If 5\ pllblicallon 01 :h;:: attache<! .. _'" ~ 1hz! he or she: ,.op, Of. "dvertlsemem. and a ffiant 1",lhe, ',-y-. person. finn Of corporation nas fle. tIller paid nor promised any any ;:!Iscoun', r~::at€ comMiSS ion Of rei"'" ,-, u,' ... ;tuo. purpose 0 1 securing adve/1lsemenl fa: Qubllcatlon In the Silld ~---, / ---_./ \ ~-::) ... /.,. ~. ..... \ .... /"-'"'" C---;: ....... .;, ~\ re: me th l ~ • h _ , ...... ,. ,r . ;:.:,. :.. Ci'if'( 01" SOli'ti'i'l MIAIi\IlI OIlOTDCE OF PUISI!..HC HEARUM@ NOTI CE I Sl-fER~ given that the @i cy Commissi(1Il 01 inE: City Q1-,SS:\Jt~. Miami, Florida wlll cond uct Public Hearin g{s) at its regular City Commis sion m;eting sch eduled for Tuesday , July 2, 2019, begin ning at 7:00 p.m., in the City Comm'ssion Chambers , 6130 Sunset Drive, 10 ccnsider the folto\'ling i te m(s): A Resolution retainin g Thomas F. P.;-pe, Esqu ire. as the City Attorney for the City ot South Miami, appro'!ing I,is '.'!rilten centract and instructin g the City Manager to execut e the contract on behali of the City. ALL interes ted partieS are in,'ile d to attend and will be hea rd. For further information, please contact the City Clerk's Office at: 305 ,663-6340 . !Il l,e oga A. P2.,;,ne, CMC Ci ty 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 \'/ith res p ect to any matter considered at Tts mee~ing or hearing, he or she will need a record of the proceedings, and ~hat for such purpose, atfected person may need to ensure that a verbatim rec ord of the proceedings is made which record in clu deS the test imony and Ev idence upon which the appea l is to be based. 6/21 19_55/0000408463M 19