Res No 177-22-15930RESOLUTION NO : 177-22-15930
A Resolution by the Mayor and City Commissioners of the City of South Miami
terminating the services of Thomas Pepe, Esq. as City Attorney and authorizing the
payment of severance consistent with the terms of Mr. Pepe's Professional
Services Contract in an amount not to exceed $99,128.00 and payable in four (4)
equal monthly installments.
WHEREAS, Thomas Pepe has served as the City Attorney for over a decade; and
WHEREAS, the Mayor and City Commission wish to terminate the ir professional serv ices
agreement with Mr. Pepe effective as of December 31, 2022, and , thereafte r, retain alternate
counsel; and
WHEREAS, th e t e rms of Mr. Pepe's professional services agreemen t re quire the payment
of a severance in conn ection with his termination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. Th e foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of th is resolut ion upon adoption hereof.
Section 2. Th e City of South Miami Com missio n hereby term in ates t he services of M r .
Thomas Pepe, Esq . as City Attorney effective as of December 31, 2022.
Section 3. Consistent with terms of his con t ract, t h e Mayor and City Commission hereby
a uthorize the paym ent of a severance t o Mr. Pepe in an amou nt not to exceed $99,128.00
payable in fo ur (4) equ al installments on the 15 t h of each month from January to Apri l 2023.
Section 4 . Corrections. Confor mi ng l angua ge or technical scrive n er-type corrections
may be made by the City Attorney for any co nformin g am en dmen t s to be i ncorpora ted i nto t he
final resolution for signature.
Section 5. Severability. If any sec t ion clause, se ntence, or phrase of this resol utio n is for
any reason held inval id or unconstitutional by a court of com pe tent j urisdict ion , t h e holdin g wi ll
not affect the va lidi ty of the remaining portions of this re so luti o n.
Section 6 . Effective Date. This resolution w il l become effect ive imm edia tel y u pon
adoption.
PASSED AND ADO PTED this 20 th d ay of December, 2022 .
ATTEST: AP PROVED:
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Res. No. 177-22-15930
READ AN D A PPRO V ED AS TO FO RM, COMM ISS ION VOTE: 5-0
LANGUAGE, LEGALITY AND
EXECUTION THEREO ~ Mayor Fernandez: Yea
Vice Mayor Bonich: Yea
Commission er Calle: Yea ~ Commissioner Corey: Yea
Commissioner Li ebman : Yea
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Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date: December 20, 2022
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section:
Subject:
A Resolution by the Mayor and City Commissioners of the City of South Miami terminating the services of
Thomas Pepe, Esq. as City Attorney and authorizing the payment of severance consistent with the terms of Mr.
Pepe's Professional Services Contract in an amount not to exceed $99,128.00 and payable in four (4) equal
monthly installments. 3/5 (Mayor Fernández)
Suggested Action:
Attachments:
Reso - Termination of Services by Thomas Pepe City Attorney.docx
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