SPECIAL CITY COMMISSION MEETING FRIDAY,JANUARY26; 2024 4:30P.M. COMMISSION CHAMBERS, CITY HALL 8W. BROADWAY ST. FORT MEADE, FLORIDA 33841  AGENDA  1. 2. 3.  CALLTOORDER ROLLCALL-CITYCLERK  INVOCATION AND PLEDGE TOTHE FLAG Invocation - Petrina McCutchen, Mayor ADDITIONS AND/OR DELETIONS PRESENTATIONS/AWARDS/REPORIS  Pledge to the Flag of the United States of America = Mayor Petrina McCutchen  4. 5. 6. 7. 8. 9.  PUBLICI FORUM: Citizen comments fori items not on the agenda (3-minute maximum  length)  PUBLIC HEARINGS: CONSENT AGENDA: NEW BUSINESS:  A. Firetruck Surplus Property Donation/Sales Discussion of City Manager  B. C.  Resolution R2024-04 City Attorney Contract  D. Announcement of Executive Session on Litigation Matters for February 13, 2024  10. CITY ATTORNEY COMMENTS: 11. CITY MANAGER COMMENTS: 12. CITY COMMISSION COMMENTS: 13. STAFF REPORTS: 14. UPCOMING MEETINGS:  A. February 13,2024, Executive Session on Litigation Matters TBD B. February 13, 2024, Regular Commission Meeting 6:00 PM B. March 13, 2024, Regular Commission Meeting 6:00 PM  15. ADJOURNMENT:  NOTE: Ifany person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. $286.0105)    RESOLUTION NO. 2024- -04  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT MEADE, FLORIDA, APPROVING THE SALE OF A 2006 PIERCE CONTENDER ENGINE TO COMMAND FIRE APPARATUS FOR AN AMOUNT OF SIXTY-FIVE THOUSAND DOLLARS AND IN A CONTRACT FORM TO BE APPROVED BY THE CITY ATTORNEY; AUTHORIZING THE INTERIM CITY MANAGER TO TAKE ALL NECESSARY ACTION; AND  PROVIDING FOR AN EFFECTIVE DATE  WHEREAS, the Fire Department has made several attempts to sell a 2006 Pierce  Contender Engine (2006 Kenworth 1250/100), hereinafter "Engine;" and  WHEREAS, Command Fire Apparatus, a company engaged in buying and selling fire apparatus, has been the only company that has expressed an interest in  purchasing the Engine from City; and  WHEREAS, the amount offered for purchase is Sixty-Five Thousand Dollars  ($65,000.00); ;and  WHEREAS, the City Commission desires to declare the Engine surplus property and to enter into a contract with Command Fire Apparatus in a contract  form acceptable to the City Attorney;and  WHEREAS, the City Commission finds that the sale of the Engine would  be in the best interests of the City of Fort Meade, Florida. THE CITY OF FORT MEADE, FLORIDA, THAT:  NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF    Section1. Adoption of Representations: The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and the same are hereby made a specific  part of this Resolution.  Section 2. Declaration as Surplus Property, Approval of Sale and Agreement. The City Commission of the City of Fort Meade, Florida hereby declares the 2006 Pierce. Contender Engine (2006 Kenworth 1250/100) ("Engine") surplus property and further approves the sale the Engine to Command Fire Apparatus in the amount of Sixty-Five Thousand Dollars ($65,000.00) in a contract form to be approved by the City Attorney. The Interim City Manager is authorized to take all necessary action consistent with this  Resolution.  Section 3. Effective Date. This Resolution shall be effective immediately upon  adoption hereof.  PASSED and ADOPTED this  day of] January 2024.  Petrina McCutchen, Mayor  ATTEST:  Melissa Cannon, Deputy City Clerk  2    APPROVED ASTO FORM ANDLEGALSUFFICIENCY:  Austin Pamies Norris Weeks Powell, PLLC  City Attorney  Moved By: Seconded By:  Vote:  Commissioner Schaill Commissioner Watts Commissioner Williams Vice Mayor Berrien Mayor Mccutchen  (Yes) (Yes) (Yes) (Yes) (Yes)  (No) (No) (No) (No) (No)  3    City of Fort Meade 8V West Broadway Fort Meade, FL 33841 Telephone #: (863)285-1100  MEMORANDUM  To: Cityc Commission From: Melissa Cannon, Deputy City Clerk Date: Thursday,January 25, 2024 Re: City Manager Applicants  On' Wednesday, January 25, 2024, at 8:13 am Ir received an email from Mayor McCutchen to "put together ap packet of applicant' s who have applied for the City Manager position for the meeting on Friday." There was a total of 9 applicants that have applied for the City Manager position on our website, one of which applied twice making there a total of 8 applicants. The job posting on ICCMA and other jobsites Iprinted each oft the job applications except the applicant that applied twice, only the latest application was  direct the applicant to the city website to apply for the position.  printed. All of them were assembled and put into an envelope for the commission. The following applicants have applied for the position of City Manager:  Michael Bulow David Ousley Jeffrey Shoobridge 1-20-24 Matt Martin Charlene Jackson Charlene Jackson 1-15-24 Ivy Williams Scotty Lee Councel Still  1-24-24 1-23-24 1-19-24 1-16-24 1-15-24 1-12-24 1-11-24    RESOLUTIONI NO. 2024-05  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT MEADE, FLORIDA, APPROVING THE PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF FORT MEADE, FLORIDA, AND THE LAW FIRM AUSTIN PAMIES NORRIS WEEKS POWELL, PLLC FOR CITY ATTORNEY LEGAL SERVICES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; AND PROVIDING FOR AN EFFECTIVEDATE  WHEREAS, the City Commission of the City of Fort Meade, Florida ("City Commission") and the Law Firm Austin Pamies Norris Weeks Powell, PLLC desire to enter into a Professional Services Contract for the provision of contacted City Attorney legal services consistent with the terms and conditions set forth in Exhibit  "A" attached hereto;and  WHEREAS Part I, Section 22 of the City of Fort Meade's Charter states that "the duties and compensation of the City Attorney shall be such as shall be fixed by the City  Commision',and  WHEREAS, by a majority vote of the City Commission on January 18, 2024, the City Commission hired the qualified firm Austin Pamies Norris Weeks Powell, PLLC  ("Law Firm") as the City Attorney; and  WHEREAS the City Commission now desires to enter into a contract for legal services, attached as Exhibit"A", and hereby appoints certain Assistant City Attorneys working on behalf of the Law Firm Austin Pamies Norris Weeks Powell, PLLC to include Michelle Austin Pamies, Burnadette Norris-Weeks, Shirlyn McWhorter, Pamela Booker, Jordan Gary, and Candice Cobb, with Norman C. Powell serving as thej point of  contact; and  WHEREAS the City Commission finds that the approval of the contract for City NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF Section1. Adoption of kepresentations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and the same are hereby made a specific  Attorney Services is in the best interest of the City of Fort Meade, Florida.  THE CITY OF FORT MEADE, FLORIDA, THAT:  part of this Resolution.  Section 2. Approval of Contract. The City Commission of the City of Fort    Meade, Florida hereby approves the Professional Services Contract with the Law Firm Austin Pamies Norris Weeks Powell, PLLC, consistent with the terms and conditions set  forth in Exhibit"A" attached hereto.  Section 3. Effective Date. This Resolution shall be effective immediately upon  adoption hereof.  PASSED and ADOPTED this  day of January 2024.  Petrina McCutchen, Mayor  ATTEST  Melissa Cannon, Deputy City Clerk  APPROVED ASTOFORM AND LEGAL SUFFICIENCY:  Austin Pamies Norris Weeks Powell, PLLC  City Attorney  Moved By: Seconded By:  Vote:  Commissioner Schaill Commissioner Watts Commissioner Williams Vice Mayor Berrien Mayor Mccutchen  (Yes) (Yes) (Yes) (Yes) (Yes)  (No) (No) (No) (No) (No)    PROFESSIONAL SERVICES CONTRACT  THIS PROFESSIONAL SERVICES CONTRACT ("Professional Services Contract") is hereby made and entered into, in duplicate, in Polk County, Florida, this day of January, 2024, by and between the City of Fort Meade, Florida, hereinafter referred to as "City," being party of the first part, and the law firm of Austin Pamies Norris Weeks Powell, PLLC, hereinafter referred to as "Law Firm" being party of  the second part.  RECITALS:  WHEREAS, Partl, Section 22 of the City of Fort Meade's Charter states that "the duties and compensation of the City Attorney shall be such as shall be fixed by the City  Commission'; and  WHEREAS, by a majority vote of the City Commission on  the City Commission hired the qualified firm Austin Pamies Norris Weeks Powell, PLLC  ("Law Firm") as the City Attorney; and  WHEREAS, the City Commission hereby appoints certain Assistant City Attorneys working on behalf of the Law Firm Austin Pamies Norris Weeks Powell, PLLC to include Michelle Austin Pamies, Burnadette Norris-Weeks, Shirlyon McWhorter, Pamela Booker, Jordan Gary, and Candice Cobb, with Norman C. Powell serving as the  point of contact; and  WHEREAS, the City Commission finds that the approval of the contract for City NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and the mutual exchange of other good and valuable consideration, the receipt of which is hereby acknowleaged, it is mutually agreed and covenanted as  Attorney Services is in the best interest of the City.  follows:  1.0 ENGAGEMENT OF PROFESSIONAL SERVICES. City hereby agrees to 2.0 SCOPE OF SERVICES. City and Law Firm agree that the legal services provided by Law Firm shall be those generally performed by a City Attorney and required by the City Charter. Law Firm Attorneys shall attend City Commission meetings and necessary City board meetings each month, either in person or virtually, at the  engage LAW FIRM.  discretion of LAWFIRM.  3.0 TERM; TERMINATION. This Agreement shall take effect on the date of execution and shall continue as determined by the City Commission. The parties agree that either party may terminate this Agreement with or without cause, with ninety days  (90) days written notice in advance.  1    4.0 FEES FORS SERVICES RENDERED.  a. Flat Fee Component: The Law Firm will provide general City Attorney services to the CITY at à flat fee of $18,000 per month for the first three (3) months of this Professional Services Contract and $15,000 per month thereafter, inclusive of general municipal work as set forth in Exhibit "A" and excludes other specific services (Hourly Services) as setf forth in Exhibit' "B." b. Hourly Services: The specific services as set forth in Exhibit "B" which are not included in the flat fee, will be performed, and billed by the Firm on an hourly basis at a blended, discounted government rate of $225.00 per hour for attorneys. Itis our practice to charge for actual time expended on your behalf, but not less than 1/10ths of an hour for each activity. Hourly services shall be subject to prior approval by the Council. In the case of litigation, Law Firm shall charge a litigation rate of $225.00 per hour for attorneys Additional Flat Fees: If mutually agreed by the Law Firm and the City, matters involving hourly services may alternatively be provided at flat rates, d. Cost Recovery: For those items which may be subject to cost recovery, the Firm will bill third partiès, and not the City, at its non-govemnment. rate for e. Payment of Fees and Costs. Our invoices will be submitted to the City on a monthly basis and each invoice will be due and payable within a reasonable amount oft time and pursuant to the Florida Prompt Pay Act. We stand ready and willing to discuss any invoice. Otherwise, we recognize that the City will follow Florida's Prompt Payment Act in the disposition of our invoices. Should a dispute arise at to charges, we will work in good faith to resolve, further rècognizing that the City and our Firm have various forms of dispute resolution at  and $125.00 per hour for paralegals.  tobei individually negotiated as those matters arise. hourly services performed and billed by the Firm.  our disposal.  Int the event of termination, Attorney shall be entitled to such compensation as shall  have accrued to the end oft the month terminated.  5.0 COSTS AND EXPENSES: In addition to professional legal services, Law Firm's billing statements shall include out-of-pocket expenses advanced or incurred on City's behalf. Advanced costs generally will include expenses for such items as filing, recording, certification, and registration fees charged by governmental bodies, facsimile charges, telephone charges, courier services, computer research fees, photocopying expenses, reasonable transportation, and court reporter charges. The foregoing reimbursement of costs and expenses to Law Firm are not fees for services as contemplated under this Professional Services contract. Law Firm may also request these costs be paid directly by the City to the billing party rather than on a  reimbursement basis.  2    6.0 LAW FIRM INDEPENDENCE. It is important that Law Firm Attorneys be independent and impartial in order to properly perform and provide professional services to City. Law Firm shall not act as counsel in any lawsuit or other adversary  proceeding in which City is named as an adversary party.  7.0 INDEPENDENT CONTRACTOR RELATIONSHIP. Nothing contained in this Professional Services Contract or any document executed in connection herewith, shall be construed to create an employer-employee relationship, partnership or joint venture relationship between City and Law Firm. Law Firm is an independent contractor and not an employee of City. The consideration set forth in Professional Services Contract shall be the sole consideration due Law Firm for the services rendered hereunder. It is understood that City will not withhold any amounts for payment of taxes  from the compensation of Law Firm hereunder.  8.0 NOTICE. Whenever either party is required to give notice to the other, such notice shall be delivered by United States mail, return receipt requested or by hand delivery addressed to the party for whom it is intended at the place specified by this paragraph. The place for giving notice shall remain the same as set forth in this Professional Services Contract, unless changed in writing and provided in the manner provided by this paragraph. The parties designate the following, City Mayor or successor, as the effective persons and place for providing notice to the other:  FORT MEADE: Petrina McCutchen, Mayor 81 West Broadway Street Fort Meade, FL 33841  Or hand-delivery at the official City Administrative office  LAWI FIRM: Norman C. Powell, Esq. Austin Pamies Norris Weeks Powell, PLLC 401 North Avenue of the Arts Fort Lauderdale, FL: 33311  9. MISCELLANEOUS: This Professional Services Contract sets forth the entire agreement between the parties hereto. Any prior oral conversations or writings are  merged herein and extinguished.  This Professional Services Contract shall be governed by the laws of the State of Florida. The invalidity or unentorceabiity of any provision of this Agreement shall not  affect the validity or enforceability of any other provision.  3    IN WITNESS WHEREOF, the parties have caused this Professional Services  Contract to be executed this  'day of  2024.  CITY OF FORT MEADE  ATTEST:  BY:  City Clerk  Petrina McCutchen, Mayor  ATTORNEY.  WITNESSES:  BY: PLLC  Austin Pamies Norris Weeks Powell,  4    EXHIBIT A City Attorney Services Included in the Flat Fee  General Legal Counseling and advice as generally provided by a chief legal All in-person meetings, telephone calls, emails, teleconferences and video conferences with individual CITY Commissioners, CITY Manager, and CITY staff. Preparation or review and revision of general ordinances and resolutions. Preparation for and attendance at CITY Commission meetings, and workshops. Preparation for and attendance at Planning Advisory Board meetings. Preparation for and attendance at Code Enforcement Board meetings. Training of CITY Commission or CITY Boards on request. Orientation of newly elected Commissioners or Mayors. Drafting, review and revision of contracts/agreements,  advisor.  Legal research, analysis, and drafting of memorandums and correspondence  responding to routine inquiries.  5    EXHIBIT B CITY Attorney Services Not Included in the Flat Fee  All services provided on litigation matters, including all adversarial proceedings before any administrative tribunals, courts, mediators, arbitrators, and appellate All services paid for by a third party shall be billed, to the third party, at the Firm's hourly rate for non-government clients. An example of the services reimbursed or paid for by a third-party would be public-private negotiations or development or substantial redevelopment application reviews and negotiations for properties and for projects greater than 1 acre (excluding a single-family residential dwelling All services provided on special projects, including but not limited to a substantial rewrite of the Code of Ordinances, Land Development Regulations, or CITY Charter, public private partnership negotiations or a general obligation bond The CITY Attorney will engage the Commission in discussions about the scope ofany special project not included in the flat fee, including an estimate of the time and cost. The City Attorney shall obtain Commission approval prior to  tribunals.  Collective bargaining with unions.  unit).  issue.  commencing work not covered under the flat fee.  6