MEXICOBEACH CITY COUNICL REGUALR MEETING TUESDAY,FEBRUARYI, 2024, AT 6:00 P.M. PUBLIC WORKS BUILDING Mayor, Michele Miller  Councilman, Jerry Smith Councilman, Lindal Hamilton Clint McCahill, City Attorney  Councilman, Adrian Welle Councilman, Richard Wolff Tammy Brunson, City Clerk  Chris Hubbard, City Administrator  This meeting willl bel lives streamed on the City of Mexicol Beach Government) Facebook page. Ify youl have any questions or comments on the agenda, please email them up to 21 hours prior to meeting at ivamexicobeachlgoy  I. II.  CALLTO ORDER INVOCATION  III. PLEDGE OF ALLEGIANCE IV. ROLLCALL V.  CONSENT AGENDA  1. Minutes- January 23, 2024-F February 13,2024  VI. SCHEDULED APPEARANCE  1. FEMA Projects Presentation - Dina Bautista/AtkinsRealis  VII. ORDINANCES  1. Ordinance 834- - Amending Ordinance 540 - Mexico Beach Shopping Center AN ORDINANCE AMENDING ORDINANCE NO. 540, SECTION 3, SUBSCECTION 2, ALLOWING DEVELOPMENT OF PREVIOUSLY UNDEVELOPED LOTS IN THE MEXICO BEACH SHOPPING CENTER, PROVIDING FOR INCORPORATION, CONFLICI, AND SEVERIBLITY,  (Second Reading) - City Administrator  AND: PROVIDING FOR AN EFFECTIVEDATE.  a. Motion to Read Ordinance 834 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion Motion to Approve/Deny Ordinance 834    VIII. OTHER BUSINESS  1. Task Order. Amendment from Dewberry for FEMA Jetty Project - Chris Hubbard  a. Open Public Discussion Close Public Discussion Discussion d. Motion to Approve/Deny  2. Agreement with Duke Energy - Installing Vehicle Charging Station at Welcome Center- -  Chris Hubbard  a. Open Public Discussion b. Close Public Discussion Discussion d. Motion to Approve/Deny  3. Discussion Regarding Renewing the City'sCertificates of Deposit - City Administrator  4. Discussion Regarding Setback on Canal Parkway- City Attorney 5. Garrison Cattle Company Contract - Mayor Miller 6. City Administrator 6-Month Review - Mayor Miller 7. City Attorney Contract - Mayor Miller 8. Project List- City Administrator  IX. CITIZENS COMMENTS  1. Speaker must come to the podium and state name and city of residence.  2. Comments are limited to 3 minutes. MAYOR COMMENTS XI. COUNCIL COMMENTS XII. STAFF COMMENTS 1. City Attorney 2. City Administrator ADJOURNMENT  X.  X.  Emailed toi interested parties andj posted ont the city website on: 02/22/2024  Note: Copies oft the Agendai items are posted ont the City's Website mexicobeachf.goy Thist meeting willb be recorded ont the website. *You arel hereby notified thati ina accordance with Florida Statutes, youh havea right to appeal any decision made byt the Council with respect to any matter considered. You may need to ensure that a verbatim record oft the proceedings isi made which may need toi include evidence and testimony upon whicht the appeal is based. Any person requiring a special accommodation at this meeting because ofa disability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; orb by phone (850)6 648-5700: at least five calendar days priort tot the meeting. Ifyoua arel hearingo or speechi impaired, and youj possess TDDe equipment, your may contact the City Clerki using thel Florida  Dual Party Relay System, which canb ber reached at 1-800-955-8770(TDD    City of Mexico Beach Meeting Minutes TUESDAY ANUARY232024-60PMA  The City of Mexico Beach City Council met in a regular meeting on Tuesday. January 23, 2024, at 6:00 pm at the Public Works Building in Mexico Beach. Mayor Miller and the following Councilmembers' were present: Linda Hamilton, Adrian Welle, Jerry Smith and Richard Wolff. Also present were City Administrator, Chris Hubbard, City Clerk, Tammy Brunson and City Attorney  Clint McCahill.  Call to order: Mayor Miller called the meeting to order at 6:00 pm.  Mayors Comments: Mayor Miller stated the current Sheriff's contract was signed by Mr. Hubbard not by the Mayor as the Charter states. She is requesting a new contract be drawn up for her to sign. Mr. Wolff motioned, and Mr. Welle seconded to have the mayor sign the contract. Motion passed witha4 4to1. No  vote was Mr. Smith  II.  City Council Report: To allow staff to go home, all agreed to move Items 1 and 6 under the Other Business  section to the top of the agenda.  III.  Citizens Comments: Rock Kries asked if it would be possible to bring back the "junk" pickup for at fee to the homeowner. He also asked about blue tarps being on buildings.. John Harrell asked about the. JEAI lawsuit and asked if the boom truck that was in the budget has been purchased yet. Shirley Miller expressed concern over a rumor about not being able to chain your dogs in your) yard. She also feels the Police should be brought back inhouse. Connie Reisinger agreed with the junk pickup comments. Jean Burns asked about the status of the 15th Street bridge that is funded through State Appropriations. Larry Henderson said the junk pickup once or twice ay year was a good idea and he asked that citizens comments are moved to the end of *Before starting the Agenda, Mr. McCahill announce that the. January 31, 2024, meeting would be held at  the meetings.  1:30 pm ini the Public Works Building.  IV. Consent Agenda: Meeting minutes were brought to the table. Mrs. Hamilton motioned, and Mr. Welle seconded to approve the minutes for the. January 4, 2024, Special Meeting with changing references to the  Facebook page" to read "Mexico Beach Facebook page". Motion passed unanimously.    City of Mexico Beach Meeting Minutes TUESDAY JANUARY:23, 2024-6:00PM  V.  Regular Agenda:  1. Development Agreement with Farmdale Phase Il approval was brought to the table. Developer Brent Faison stated all changes to the contract that were agreed upon from the last meeting are updated in the new draft agreement. Mr. Faison was available for questions. Open public comment at 6:32 pm. Several comments were made concerning the timing of annexation, development already approved under Bay County Building Code, what financial burden will this put on1 the city, water and sewer infrastructure, and a Comprehensive Plan. Mrs. Hamilton motioned to deny the Farmdale agreement. No second was made, motion died. Mr. Smith motioned to approve the Farmdale Phase Il Annexation Agreement with the following changes. Updating the date on page 1, on page 3 paragraph 4 adding municipal and wateri impact fee's, changing the word meter to connections in section 8, paragraph 14 annexing before any lots are sold, on page 4 paragraph 8, changing the word meters to connections, addressing the lien comments and on page 5 updating the contact information to include the Mayor. No second was made, motion died. Mrs. Hamilton motioned toi table the item. No second was made, motion died. Discussion continued with concerns issue over annexation happening before the lots were sold or noted as a contract stipulation when lots are sold, exceptions on liens on lots and not annexing all acreage on both sides of Highway 98. Mrs. Hamilton motioned to table thei item to further study the agreement. No second was made, motion died. Discussion continued trying to give directions to Mr. Faison. Mayor Miller asked what benefit the city gets out of this agreement. She is suggesting a 4200 ft water line installed by the developer or annexing all oft the property on both sides of the highway. Mr. Welle motioned to table the item to the first meeting in February to give Mr. McCahill time to incorporate the additional changes into the agreement and run number to explain exactly how much revenue this will generate. No second was made, motion died. Mr. Wolff made a motion to table the item to the first meeting in February, get number together fori impact fees, consult with our engineer to assist us and consult with Mr. McCahill on the contract. Mr. Welle seconded. Mrs. Hamilton then asked for clarification oft the motion which Mr. Wollf repeated. Mrs. 2. Discussion to increase the boat ramp fees was brought to the table. Open public comment at 7:36 pm. Citizen concern was with the cost to maintain the boat rampi facility and using the money we have already. Public comment closed at 7:41 pm. Mrs. Hamilton motioned, and Mr. Welle seconded to raise the daily boat rampi fee to $25.00 and the annual pass to $200.00. Motion passed witha a 4to1 1 vote. No vote was Mr. 3. Variance - Gulf View Motel was brought to the table. Ms. Mills-Gutcher explained the request being made by the property owner. Open public comment at 8:00 pm. All comment centered around the location of the swing and being able to rebuild how it was pre-storm. Public comment closed at 8:10 pm. Mr. Welle motioned, and Mr. Wolff seconded to allow the Gulf View Motel to rebuild a swing to how it was pre storm. 4. Ordinance 833 (First Reading) - Lodging Establishments was brought to the table. Mr. Welle motioned, and Mrs. Hamilton seconded to read Ordinance 833 by title only. Motion passed unanimously. Open public comment at 8:14 pm. Rock Kries commented on how the Comprehensive Plan needs to be re-done, because this could put a hotel in a residential neighborhood. Public comment closed at 8:17 pm. 5. Resolution 24-01 Amending Resolution 2017-07 on meeting procedures was brought to the table. Open public comment at 8:19 pm. No public comment was made. Public comment closed at 8:19 pm. Mr. Welle motioned, and Mrs. Hamilton seconded to approve Resolution 24-01. Motion passed unanimously.  Hamilton then seconded the motion. Motion passed unanimously.  Smith.  Motion passed unanimously.    City of Mexico Beach Meeting Minutes TUESDAY. JANUARY: 23, 2024-6:00PM  V.  Regular Agenda Continued  Community Planning Technical Assistance Grant Agreement was brought to the table. Allara Mills-Gutcher with tpc explained the grant, the timeline we are under and was available for questions. Open public comment at 8:25 pm. Discussion revolved around new development, zoning, disappointment over this only covering a portion of the city, how important thisi is toi the city moving forward and the scope of work. All agreed to get this portion done, work on expanding to the rest oft the city next yeara and incorporating this into updates to the Comp Plan and LDC. Closed public comment at 8:41 pm. Mr. Wolff motioned, and Mrs. Hamilton seconded accept the grant agreement. Motion passed unanimously. Mr. Wolff motioned, and Mrs. Hamilton seconded to allow Allara to proceed with 2' Visionary sessions. Motion passed unanimously. 7 St. Joe Company plan for parking lot at Salt Creek was brought to the table. Chris Shortt with Dewberry showed the design for the 62-spot lot and was available for questions. Open public comment at 8:56 pm. Questions included why this was needed, how many spots there willl be and when it will be completed. 8 Discussion on a proposed restaurant location in the Mexico Beach Shopping Center was brought to the table. Zach Child with 98 Real Estate explained he has investors who would like to open a 150-seat restaurant using all 5 available lots at the shopping center. Ordinance 540 would not allow that to happen. His investors are inquiring if Council would be open to amending the Ordinance to allow the restaurant to be built. Open public comment at 9:08 pm. Questions were asked about parking and would it be 1 restaurant or 2. Closed public comment at 9:11 pm. Council gave direction to Mr. Hubbard to have the Engineering Contract with Anchor CEI was brought to the table. Mr. Hubbard went over the contract. Open public comment at 9:21 pm. No public comment was made. Closed public comment at 9:21 pm. Mr. Welle motioned, and Mr. Wolff seconded to approve a contract with Anchor CEI as the Engineer of Record. 10 Discussion on holding workshops was brought to the table. Mayor Miller stated she would like to bring back Pre-agenda Workshops. Open public comment at 9:28 pm. Discussion included times for meetings, do we already have enough meetings and voting on something you are just discussing for the first time. Closed 11 Projects List was brought to the table. Mr. Hubbard went over the projects list and answered any questions. VII. City Administrator Report: Mr. Hubbard introduced Jordan Becker with Point Broadband and explained what they willl be doing around town. Mr. Becker assured everyone he is available if anyone has anyi issues.  Closed public comment at 9:01 pm.  Ordinance amended and bring it back to the next meeting for a first reading.  Motion passed unanimously.  public comment at 9:41 pm.  VIII. City Attorney Report: Mr. McCahill had nothing to report at this time  IX.  Adjournment: Mr. Smith and Mr. Welle motioned to adjourn the meeting at 10:07 pm.  By:  Attest:  Mayor, Michele Miller  City Clerk, Tammy Brunson    City of Mexico Beach Meeting Minutes TUESDAY RUANV13,0A-900AM  The City of Mexico Beach City Council meti in a regular meeting on Tuesday February 13, 2024, at 9:00 am at the Public Works Building in Mexico Beach. Mayor Miller andt the following Councilmembers were present: Linda Hamilton, Adrian Welle, Jerry Smith and Richard Wolff.. Also present were City Administrator, Chris Hubbard, City Clerk, Tammy Brunson and City Attorney  Clint McCahill.  Call to order: Mayor Miller called the meeting to order at 9:00 am.  Consent Agenda: Mrs. Hamilton motioned, and Mr. Welle seconded to approve the meeting minutes for January 9, 2024, January 19, 2024, and. January 31, 2024. Motion passed with unanimously.  II.  Scheduled Appearance:  1. Tommy Davis presented Pam Madrid with the Employee oft the Month Award for. January. 2. Rich Moreira with Carr, Riggs and Ingram gave an update on accounting services and getting everything in order. They are now caught up on bank reconciliations and working on information for the audit.  III. Ordinances:  1. Ordinance 833 (Second Reading) - Lodging Establishment was brought to the table. Mrs. Hamilton motioned, and Mr. Wolff: seconded to read Ordinance 833 by title only. Motion passed unanimously. Open public comment at 9:20 am. No public comment was made. Public comment closed at 9:20 am. Mr. Welle motioned, and Mr. Wolff seconded to approve Ordinance 833. Motion passed unanimously. 2. Ordinance 834 (First Reading) - Amend Ordinance 540, Mexico Beach Shopping Center was brought to the table. Mr. Wolff motioned, and Mrs. Hamilton seconded to read Ordinance 834 by title only. Motion passed unanimously. Open public comment at 9:22 am. No public comment was made. Public comment closed at  9:22 am.  IV. Resolutions:  1. Resolution 24-01 Increase city boat ramp fees was brought to the table. Mr. Hubbard explained Councils request to have daily boat ramp fee changed from $20.00 to $25.00 and the annual fee changes from $100.001 to $200.00. Open public comment at 9:23 am. Several comments were made concerning what it cost to maintain the boat ramp facility, this increase will not affect Mexico Beach property owners and repairs that need to be made. Public comment closed at 9:32 am. Mrs. Hamilton motioned, and Mr. Welle seconded to approve Resolution 24-01. Motion passed with a 4to1 1 vote. No vote was Mr. Smith.    City of Mexico Beach Meeting Minutes TUESDAY FEBRUARY13, 2024-9:00AM  V.  Other Business:  1. Development Agreement with Farmdale Phase Il approval was brought toi the table. Mr. Hubbard explained the additional information included with the packet regarding sewer: and water capacities. Mr. McCahill explained he spoke with the developer's attorney about the lot liens that were of concern. Their attorney said he was not sure why it was in there and he would remove it. He also stated in the annex request, Mr. McCahill would prefer the lots are annexed prior to being sold, but said the developer wants it to read as part of the contract with the buyer of the lot, because he is afraid iti is going to take the City too long to complete the annexation process. Open public comment at 9:49 am. Several comments were made concerning the timing of annexation, development already approved under Bay County Building Code, what financial burden will this put on the city, water and sewer infrastructure, and acceptance ofi infrastructure and lift stations. Glenn Davis, Utilities Director answered question regarding capacity and maintenance. Mrs. Hamilton asked Mr. Welle to recuse himself from voting because he may have future financial gain since he isarealtor. He replied that it is absolutely unnecessary because he is not the agent for the developer and that it would be no different than her purchasing one oft the houses once it was built and it increased in value. Mrs. Hamiton motioned to denyt the Farmdale agreement. No second was made, motion died. Mr. Welle asked for Mr. McCahill legal opinion about a possible conflict of interest with him being a realtor since he has been questioned twice on this issue. Mr. McCahill responded by saying he does not think Mr. Welle has a current conflict ofi interest. Mr. Welle motion, and Mr. Smith seconded to approve the Development agreement with the change to 3.04 removing except for those reflected on the plat and #14 require annexation before any lots are sold. Motion failed with a 3to 2 vote. No votes were Mrs. Hamilton, Mayor 2. Waste Management Contract was brought to the table. Mr. Hubbard explained The Crossing Apartments wants to use trash compactors from Waste Management. We would enter into an agreement with Waste Management in the amount of $2,599.00 per month for the compactor. This figure is based on weight of trash disposed and does not include at fuel surcharge. We would continue to bill The Crossing their regular monthly charge of $5,029.00 which would make a profit to the city of approximately $2,400.00 per month. Open public comment at 10:03 am. Questions included what would stop other entities from doing the same thing and would the monthly price increase due to volume. Public comment closed at 11:05 pm. Mrs. Hamilton motioned, and Mr. Welle seconded to table the item for further study. Motion passed witha4to 3. Amend Dewberry FEMA: services was brought to the table. Mr. Hubbard explained Dewberry was doing an Environmental Study for the jetties project. That task order has run out and they would like to amend it for an additional $16,500.00 to finish the study. This is necessary to get the Army Corp permits. Mrs. Hamilton asked if Atkins representative, Dina Bautista, could come to the next meeting to update Council on FEMA projects and give her input on this task order.. All agreed to table this until the next meeting. 4. Financial report was brought to thet table. Mr. Hubbard went over the monthly financial report.  Miller, and Mr. Wolff.  1vote. No vote was Mr. Smith.    City of Mexico Beach Meeting Minutes TUESDAY FBRUAATIB,0A-S00AM  VI. Department Reports  Tommy Davis updated Council on the Public' Works Department and the work they are doing on storm drainage issues. Chris Hubbard reported on the Utilities Department and Code Enforcement. Chief Walker told Council about a grant he received to purchase imaging devices and a nozzle system. Iti isa a 50% reimbursed grant, which means the Fire Department will have to pay $3,691.67 out of pocket, but he feels certain he can get another grant to cover that cost. Mr. Welle motioned, and Mr. Wollf seconded to accept the 50% match grant and purchase the equipment for $7,383.00 Motion passed unanimously. Lt. Williams presented monthly statistics from the Sheriff's Department. He stated warning for traffic violations are going  tos stop.  VII. Citizens Comments:  Alex Hogan asked about Point Broadband and the broken pipes. Brian Callahan talked about fiber optic installation and what we should expect from the contractors. Sue Hogan thanked Brian Callahan for giving information to the citizens. She feels Citizens were kept in the dark and are not being taken care ofandi it needs to stop. John Harrell gave kudos to Tommy's crew working on 1st Street. He asked about progress with purchasing al boom truck and what would happen with the money ifi it were not spent. Rock Kries asked about who is fixing the broken lines. He thanked council for pushing back on the development.  VIII. Mayor Comments: IX. Council Comments:  Mayor Miller stated our city needs to move forward and work together.  Mr. Wolff asked about an update on Capital Projects and new personnel included in the budget. He also  asked about the expense of the new accounting firm.  X.  Staff Comments:  1. City Administrator - Mr. Hubbard stated he is monitoring water and sewer capacity. He said he did have the plan for the broadband installation, but they were moving sO fast and changing locations dependent on lines being marked made it hard for advanced notice to citizens. We will be going out for bids for the 7th Street restrooms. Underwater debris Removal Project Army Corp permit was received and will be going out for bid. Under the Palms Park pole barn is going up. Picnic tables and playground equipment should be installed by the end of next month. Please let Mr. Hubbard know any budget item you would like for next year. League of Women Voters is wanting to have ai forum with all candidates running for office. He talked about the capital improvement projects that were noted in the budget. Waiting for bank reconciliations to make sure 2. City Attorney - No comments at this time. Mayor Miller asked about Canal Street. Mr. McCahill said he will  how much money we have for those projects. have it ready for the next meeting.    City of Mexico Beach Meeting Minutes TUESDAY FEBRUARY13,2024-9:00AM  XI. Adjournment: Mr. Smith and Mr. Welle motioned to adjourn the meeting at 11:26 am.  By:  Attest:  Mayor, Michele Miller  City Clerk, Tammy Brunson    MEXICOBEACH  RD.A  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: February 27,2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes D No  Agenda Consent Agenda Regular Closed Session  RESENIERINPORMAION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Second Reading of Ordinance 834  Subject:  Attachment(s): Ordinance 834 Brief Summary:  Ordinance 834 amends Ordinance 540 governing the Mexico Beach Shopping Center and will allow development on  previously undeveloped platted lots. Action Requested:  Council to approve thet first reading of Ordinance 834  ISSUE OVERVIEW  Background Information & Issue Summary:  Mr. Zach Childs spoke at the. January 23, 2024, meeting of the City Council in regards to interest being shown in the vacant lots on the west side of Mango Marleys in the Mexico Beach Shopping Center; Ordinance 540 appeared to prevent construction on previously undeveloped lots and Mr. Childs asked if the City Council would amend the ordinance and allow construction on the two previously undeveloped parcels so the restaurant could be built. Council agreed to  amend Ordinance 540 to allow this to happen. Increased ad valorem and utility revenue for the City. Staff eomrerdationsCommens Council to approve the first reading of Ordinance 834.  Financial Impacts:    ORDINANCE NO. 834  AN ORDINANCE AMENDING ORDINANCE NO. 540, SECTION3,SUBSUBSECTIONZ,ALLOWINGDEVELOPMENT OF PREVIOUSLYUNDEVELOPEDLOTSINTHE MEXICO BEACH SHOPPING CENTER, PROVIDING FOR INCORPORATION, CONFLICT, AND SEVERABILITY; AND PROVIDING FOR. ANI EFFECTIVE DATE.  WHEREAS, the City ofMexico Beach has determined that it is in the best interest oft the  City that this ordinance be enacted, therefore:  BE IT ORDAINED BY7 THE CITY COUNCIL OF MEXICO BEACH, FLORIDA:  Section 1: Section 3. Subsection 2 is hereby created to read:  (2) In the event of natural disaster, or any event which destroys any part oft the  building, rebuilding will be restricted to the same square footage that existed pre- disaster/event. Anyoriginally-platted but undeveloped lot(s) may be developed, either alone ori in conjunction with adjacent lots. in accordance with the City of Mexico Beach Land Development Regulations and/or any pertinent ordinances. and their square footage not be restricted or count against the allowable square  footage of the adjacent. previouslv-developed lots.  Section 2: Incorporation, Conflict, and Severability  (a) Itis the intent ofthe City Council and it is hereby ordained that the provisions of this ordinance shall become and be made part oft the Code of Ordinances ofthe City of Mexico Beach, Florida, and that sections oft this ordinance may be renumbered or re-lettered and that the word "ordinance" may be changed to  "section", "article" or other appropriate word.  (b) All ordinances and parts of ordinances in conflict herewith are repealed. (c) Should any section or provision ofthis ordinance be declared by the Courts to be unconstitutional or invalid, such decision shall not affect the validity ofthe ordinance as a whole, or any part thereof other than the part SO declared to be  unconstitutional or invalid.  Section 3: Effective Date  This ordinance shall take effect as provided by law. Introduced at the regular meeting of the City Council on the 13th day ofFebruary 2024, and adopted by the City Council on the 27th day of  February 2024.    City of Mexico Beach, Florida  Michele Miller Mayor  Attest:  Tammy Brunson, City Clerk    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: February 27, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes R No  Consent Agenda Agenda Regular Closed Session  RESENIERINPORMAION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED  Subject:  Amendment tot the Existing Task Order for the Jetty Environmental Assessment  Attachment(s): Amendment Proposal  Original Task Order for Environmental Services  Brief Summary:  The City contracted with Dewberry to perform the environmental assessment for the FEMA jetty project; additional work isr required SO we need to amend the original task order and have Dewberry (or Anchor CEI, ifr necessary) perform this  work SO we can move the project forward  Action Requested:  Council to approve the task order amendment with Dewberry (or Anchor CEI, ifre required).  ISSUE OVERVIEW  Background Information & Issue Summary:  This issue was discussed att the February 13th City Council meeting where there were concerns in regard to the potential for reimbursal from FEMA for the charges for this amendment. Dina Bautista is in attendance to speak about the task  order and FEMA reimbursement for the jetty project. None. Costs are reimbursable by FEMA. Staff ecommerdtonsComments  Financial Impacts:  Approve the task order amendment with Dewberry (or Anchor CEI).    Dewberry Engineers Inc. 850.227.7200 324 Marina Drive 850.227.7215fax Port Saint Joe, FL32456 www.dewberly.com  Dewberry  February 8, 2024 Mr. Chris Hubbard City Administrator City of Mexico Beach 201 Paradise Path Mexico Beach, FL 32410  Re: Amendment to the Professional Services Task Order for the Mexico Beach Jetty FEMA  Environmental Assessment  Dear Mr. Hubbard,  Previously FEMA requested the city perform the Environmental Assessment (EA) of the. Jetty Improvements. Requesting the EA1 to be performed by others was a new process for FEMA andt they offered a guideline in which to structure the EA. Throughout the process FEMAI has requested format changes which are outside the provided guidelines in addition to meetings and requesting alternate analysis. This additional effort is beyond the Environmental Assessment task order signed on Dewberry Engineers Inc. (DEI) is requesting an amendment of the original task order to allow fori funds  3/28/2023.  to cover costs of the FEMA EAI review process.  Total estimated Fees and Expenses for the described services shall be:  Task Description Additional Fee for Continued Environmental Assessment.  Fee Structure Lump Sum TOTAL:  Fees/ Expenses $16,500.00 $16,500.00  All terms and conditions of this Task Order shall be governed by the terms and conditions in the current Agreement between Mexico Beach and Dewberry Engineers Inc. dated December 11th, 2018.  Sincerely,  Approved by:  Chris Hubbard, City Administrator  David Reisen, PE Senior Project Manager Dewberry 324 Marina Drive Port St. Joe, FL: 32456 850-571-1221 resen@ewDervy.com  Date:  Page 1of1    Dewberry Engineers Inc. 850.227.7200 3241 Marina Drive 850.227,.7215fax Port Saint. Joe, FL: 32456 www.c dewberry.com  Dewberry  March 15, 2023 Mr. Doug Baber City Administrator City of Mexico Beach 201 Paradise Path Mexico Beach, FL 32410  Re: Professional Services for Mexico Beach. Jetty FEMA Environmental Assessment  Dear Mr. Baber,  Dewberry Engineers Inc. (DEI) is pleased to provide this proposal for additional professional services related to the FEMA Jetty Project. It is our understanding that FEMA has requested the existing Environmental. Assessment dated February 15, 2022, be revised to be consistent with the Guidelines for the Preparation of an Environmental, Assessment "prepared by FEMA, dated July 2021. DEI estimates this to be completed within 4 weeks of the executed additional task order. All conditions of the original task order signed on 7/28/2020 will apply to this additional task order.  Total estimated Fees and Expenses for the described services shall be:  Task Description Consultations and Meetings Revised Environmental Assessment  Fee Structure Hourly/Costs Lump Sum TOTAL:  Fees/ Expenses Hourly/Costs $16,840.00 $16,840.00  All terms and conditions of this Task Order shall be governed by the terms and conditions in the current Agreement between Mexico Beach and Dewberry Engineers Inc. dated December 11th, 2018.  Sincerely,  Approved by: - Doug Baber, City Administrator  David Reisen, PE Senior Project Manager Dewberry 324 Marina Drive Port St. Joe, FL 32456 850-571-1221 dresen@dewpery.com  Date:  3/2a/7023  Page 1of1    MEXICOBEACH  8:D:A  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: February 27,2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes R No  Agenda Consent Regular Agenda Closed Session  RESENERINPORMATON CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED  Subject:  Agreement with Duke Energy for Two Electric Vehicle Chargers at the Mexico Beach Welcome Center  Attachment(s): Agreement Proposal  Powerpoint Slideshow Regarding Program  Brief Summary:  Kimberly Shoaf, the President of the Mexico Beach Community Development Council (CDC), contacted the Cityi in regards to agrant program for free electric vehicle chargers and requested the City Council allow these chargers be  installed at the Welcome Center Action Requested:  Council to approve the agreement with Duke Energy for two electric vehicle chargers at the Welcome Center  ISSUE OVERVIEW  Background Information & Issue Summary: where the Welcome Center is located  Mrs. Shoaf needs permission fori thei installation due to the fact the City of Mexico Beach owns the propertylbuilding  Financial Impacts:  No cost unless the City demands early termination of the agreement.  Staff RecommendaionsCommens: Approve the agreement with Duke Energy.    DUKE ENERGY.  ELECTRIC VEHICLE DC FAST CHARGING SITE HOST  AGREEMENT  THIS ELECTRIC VEHICLE SITE HOST AGREEMENT (the Equipment: shall be Duke Energy branded. Notwithstanding "Agreement') is enteredi into as oft this XX dayof) XXXX, 2024 the foregoing, at Duke Energy's option, if permitted and ("Effective Date"), between DUKE ENERGY FLORIDA, LLC reasonably practical, the electric meter, panel, and a portion ("Duke Energy") and City of Mexico Beach ("Host"). Duke oft the Equipmentshall bel Duke Energya and Hostco-branded, Energy and Host may be referred to individually as a' "Party" with such specifications to be mutually agreed upon by the  and collectively: as the "Parties".  Parties.  RECITALS  b. Duke Energy shall install and own a new electric meter and panel at the Property, which shall represent a C.F Pursuanttot thet tarifft filedy with thel Floridal Public Service thep prevailing approvedr rate ine effectatthe time. The charges to be paid by such drivers will be collected by the Network d. During the Term (as definedi in Section3 below)ofthis  WHEREAS, Duke Energy has created the electricvehide separate new account independent from that of the Host. service area and will records system data to evaluate charging Commission (Duke Energy Tariff FCF-1) Duke Energy shall behavior and provide Program evaluations to the Florida establisha feet to drivers of the approvedi rate tariffFCF-1, or  program (the" "Program"), pursuantto which! Duke Energywil install, own, operate, maintain and support electric vehide supply equipmentÇEVSE) within the Duke Energy Florida  Public Service Commission;  Provider.  WHEREAS, Host desires to become a participanti int the Program andhavel Duke Energyir installand own the EVSEand  associated wires, cables, electric meter and panel and other Agreement, subjectto Section: 2(c)below, Duke Energyandor behind-the-meter equipment (collectively, the "Equipment") its contractors shall maintain and repair the Equipment: and and associated front-end electric infrastructure, including Infrastructure at Duke Energy's expense. Duke Energy shall wires, cables, conduits, transformersandr related accessories repair thel Equipment: and/or Infrastructure promptly following and other equipment (the "Infrastructure") on the properties notification from Host Duke Energy shall have the right to identified in the Statements of Work attached hereto as repair, modify or replace the Equipment and/or Infrastructure Exhibit A (each, a "Statement of Work"), which is at any time duringt the Term ofthis Agreement. Duke Energy incorporated herein by reference (ndividually or collectively shall schedule access for installation, maintenance and WHEREAS, Duke Energyi is willing to enroll Hosti in the reasonably possible and, if directed by Duke Energy, will Program andtoinstallt the Equipmentand Infrastructure: atthe immediately cease the operations of the EVSE or otherwise Property in accordance with the terms of this Agreementand prohibit use of the EVSE for such time as directed by Duke  referred to as the Property");  repairs during a mutually agreeable time. In emergency situations, Host will provide Duke Energy access as soonas  the Program; and  Energy.  WHEREAS, Duke Energy has selected a company to 2. HOST'S OBLIGATIONS.  provide network access for the Program (the "Network Provider") and the Network Provider may charge nominal NOW THEREFORE, in consideration of the mutual covenants contained! herein andintending tob be legallybound hereby, the Parties hereto agree ast follows: 1. DUKE ENERGY'S OBLIGATIONS.  a. Host shallp providel Duke Energy, its representatives, Program site for purposes of design and installation of the b. Host agrees to grant Duke Energy permission as needed for Duke Energy to install the Equipment and Infrastructure and implement the Program at the Property. If determined by Duke Energy, as a requirement for Host's participation int the Program, Hosta agrees to execute al Duke  transaction fees for charging sessions, the paymentof which Network Provider, contractors, and designees access to the  iss setf forth in Section 1(c) below.  Equipment and Infrastructure.  a. Duke Energy andlori its contractors shall design and Energy easement as required by Duke Energy in order to construct the Equipmentand Infrastructure inc compliance with grantits sufficientrightsf forthei nsalaton.manemame.se: the Program terms, as well as all applicable local, state and and replacement of thel Infrastructure. connectionofthel EquipmentwithHost, Duke! Energy Florida's such access tot the Property as maybe deemed necessaryor contractors will obtain electrical permits only. Should the desirable! by! Dukel Energyforthes assessment, installation, and proposed installation schedule require modification, Duke the maintenance, repair and/or replacement of all or any Energy shall notify the Host within a reasonable amount of portion(s) of the Equipment throughout the Term of this time of such changes. At the option of Duke Energy, all Agreement. In the event the Equipmentfails' to operate or  federal laws and egulaonyrequiremens. Duke Energyandor its contractors will coordinate location, placement, and  C. Hostshall grantto! Duke Energyand/ori its contractors    otherwise requires repairs, Host shall notify Duke Energy oft this Agreementforone: yearby givingh Hosty written notice of promptly. Host shall not damage, disable, modify ort tamper such extensionat least thirty (30) days priorto the end oft the with the Equipment in anyy way exceptt to the extent required Term. Upon expiration or an extension of the Term, Duke by an emergency: situation. If Host violates the preceding Energy in its sole discretion, may transfer title to the sentence, Duke Energy shallr repair orr replace the Equipment Equipment to Hosta as set forthi in Section 5 below. d. Host acknowledges that Duke Energy andlor its Duke Energyshall havet ther righttot terminate this Agreement contractors will gather data and information from the at anytime upont thirty (30) days written notice to Host, which Equipmenty with respect to vehicle charging activity, vehide shall be effective as of the effective date of termination set usage and technical performance of the vehicle and forth in such notice. In addition, in the event Duke Energy Equipment. DukeE Energyshall owna allr rightstosuch data and determines thatt the Property is not technically compatible for information. Host acknowledges that such data and the purposes hereunder, Duke Energy shall have the rightio information willl be used and disclosed by Duke Energy and terminate this Agreement immediately upon written notice to third parties for the purpose of understanding and evaluatng Host. Unless otherwise: agreedt tol bythe Parties, Duke Energy the impact of electric vehicles on transit systems and the shall remove the Equipment following any such termination electric power grid, for use in regulatory reporting, industy and return the areai to normal parking, ine each case at Duke forums, case studies or other similara activities, in accordance Energy'ssole expense;provided, however, that Duke Energy with applicable laws andr regulations. Duke Energy willr make shall have the option but not the obligation to remove: any  ath Host's sole expense.  b. Notwithstanding anything herein to the contrary,  available to the Host, in its sole discretion, relevant station Infrastructure. utilization data to assist with decisions to investi in additional  charging stations byt the Host.  Notwithstanding: anything! hereint tot the contrary, Host shall have the right to terminate this Agreement: at any time at termination oft this Agreementpursuanto this Section 3(c), Host shall pay to Duke Energy on the Termination Date an  e. Host shall provide public, nondiscriminatory access upon thirty (30) days written notice to Duke Energy, which to thel EVSE year-round,241 hours a day, seven days a week shall be effective as of the effective date of termination set and shalle ensure that the charging pointi is accessible during forthi ins such notice (the' Termination Date").. Int the eventof f. Hosts shall be permitted top promote anda advertise the amount equal to the Termination Fee (as defined below). Program; provided, however, Duke Energy reserves the right Unless otherwise agreedto byt the Parties, Dukel Energy shall to review and approve any anda all advertising, marketing, CO- remove the Equipment following, any such termination and branding orp promotional copyo or materials developedorused returnt the area to normal parking,ine eacho case at Host's sole by the Host which references the Host's participation in the expense;provided, however, that Duke Energy shall have no Program. Duke Energy may require the Host to submitsuch obligation to remove any Infrastructure. determinesthatthe copy or materials: are misleading, ine error, Energyand: shalle equalt the prorata portion of the depreciated or fail to meet the requirements of the Program terms and dollarvalue oft thel Equipmentandi Infrastructure attributableb conditions, orisnotin! Duke! Energysbestinterest. Int the event the portion of the Term not completed. For informational that Duke Energy does not approve, Host agrees to remove purposes only, Duke Energy's good faith estimate of the full from circulation or otherwise discontinue the use of anys such dollarvalue oft thel Equipmentandi infrastructure forap particular materials. Host shall not use, reproduce or display any Property asc of the date ofap particular StatementofWork. shall rademarkowneds orheldb by! Duke Energy ora anyofi itsa affiliates be included in the Statement of Work for such Property; maintain thee electricvehicle parking areains safe, condition,to 4. ELECTRIC SERVICE COSTINIERRUPTON OF at least the same standard as it customarily maintains the SERVICE. Duke Energy shall be responsible for the common areas at the Host Property. Host shall take installation of a system by which to charge for all electrical reasonable measurestod discourage: andp preventanyone other consumption costs derived from the utilization of EVSE for than an EV driver or to whom a particular EVSE has been charging electric vehicles. During the Term, Host willr not be dedicated from parking in such space, including, without billed for the electricity utilized by the EVSE, other than  sucht times.  copy and materials for pre-approval. Approval shall be granted, unlessDuke Energyini its sole discretion,reasonaby  d. The Termination Fee" shall be calculated by Duke  without the prior written consent of Duke Energy. g.. Host shall use commercially reasonable efforts to  provided,however; thatsuch estimate shalll have noi impacton the actual calculation of the Termination Fee.  limitation, towing. 3. TERM AND TERMINATION.  pursuant to its utilization of the EVSE in accordance with Section 1(c). The Parties acknowledge and agree that, pursuant to the tariff on file with the Florida Public Service Commission, Duke Energy does not guarantee continuity of  a. This Agreement shalll be effective as of the date of service to the EVSE and is not responsible or liable for execution by both Parties. The term shall commence on the interruption, failure, or defecti in the supply or character of Effective Date and shall continue for ten (10) years (the electricity furnished toi facilities or Equipment.  Term"), unless sooner terminated or extended as provided herein. Duke Energy shall have the rightt to extend the Term  2    5. TITLE TO EQUIPMENT. At all timesduringt the Term of promptly thereafter confirm in writing, the occurrence of any Infrastructure shall be considered fixtures or in any way the 9. COMPENSATION. Underr no conditions shallH Hostor EV property of Host. Upon the expiration of this Agreement drivers receive compensation of any! kind, either by cash, in- including any extensions thereof, and at Duke Energy's and kind services, or otherwise, for any duties or requirements Host's mutual decision, titlet to the Equipment maytransferto providedf fori int these terms and conditions or for participation Host at reasonable book or market value and with no ina anyv way asp part of theF Program,includingi butnotlimitedto: representations or warranties or recourse against Duke use of datai forlawful purposes, loss oft business activity during Energy,Uponvanserolse tot the! EquipmenttoHost, ()Host construction or maintenance activities, or any other releases Duke Energy from any liabilities, including, butr not inconvenience or loss, without limitation, related to ofthe qupmentwneheransin, priortoora aftersuchtransfer 10. CHANGES. Duke Energy may initiate changes to the  this Agreement,t titlet to the Equipment: and Infrastructure shall injury, loss, or damage incurred.  remain with Duke Energy and neither the Equipment nor the  limited to, any claim or action for bodily injury or property participation int the Program. and (i) Host will be responsible for electrical consumpton Program as circumstances dictate.  damage resultingi from orrelated' to the Equipmentort the use costs, network access fees, maintenance costs, and any  repair costs thereafter.  11. HOST REPRESENTATIONS. Host represents and warrantst that: (a)itis the owneror: authorized managerofhe proposed Property andl has the power,authority and capacity  6. GOVERNMENTAL APPROVALS. Iti is understood and to bindi itselft to undertake the Program terms and conditions; agreedt that! Duke Energy's 'sabilityt toi installt the Equipmentand and to perform each and every obligation required of Host Infrastructure is contingent upon its obtaining after the underthel Program,D)the Propertyi is subjecttono conditions, execution date of this Agreementall oft the applicable pemits restrictions or covenants incompatible with the installation, ando other approvals hatmayberequiredbyanylederal.suae maintenance,epain, replacementor use ofthe Equipmentor or local authorities (collectively the "Governmental Infrastructure; and (c). the Property is free of environmental thata anyofsucha applicationsi fors such Governmental, Approvals 12. DAMAGE TO PROPERTY. Duke Energy shall be shouldb bet finallyr rejected or Duke Energydeterminest thatsuch responsible for repairing any damage to the Property directy Governmental Approvals may' not be obtained in a timely caused by the installation, maintenance and/or repair of the terminated by the applicable governmental authority, Duke 13. INDEMNIFICATION. Subjectto thel limitations setforthin Energy shall have the right to terminate this Agreement the Agreement,eachi Party shallindemnify: and holdi thec other 7. ACCESSIBILITY REQUIREMENTS. Host understands negligence of such Party, its servants or agents, excepting, and accepts that electric vehicle charging facilities that are however, such claims ord damages asmaybe duet too ord caused publicly accessible shall comply with the Americans with by the acts or omissions of the other Party, its servants or standards may impactparkingl layouts and potentiallychange 14. SALE OFI PROPERTY. Host shallr notify! Duke! Energy at the numberof non-accessible parking spacesavaliable.Hos least thirty (30) days prior to any sale of the Property. Within understands and accepts that changes to initial design thirty (30) days following receiptofs suchr notice, Dukel Energy, representationsmay: occurduringt the desgn.consinuclonand ini its sole discretion,may elect to permit the Hostt to transfer operational phases of the Program and may! be dictated by thisa agreementand: all obligations ofthel Hosttot ther newo owner design constraints, by law or regulation or by local or tor remove the Equipment: at Host's sole expense. IfDuke jurisdictional authorities. Host shall be responsible for any Energy elects to remove thel Equipment, this Agreementshall constructiont upgradestothe! Propertyn requiredi inc orderforthe be deemedt tob be automaticallyt terminated withoutanyfurther Property to be. ADA complainta and hereby agrees that Duke action required byeither Party as oft the earlierc of (a)t the date Energy willr noth be responsible fora any construction upgrades the sale of the Property is consummated: and (b)the date the ramps ort thei inclusion of certain signage or paintmarkings. 15. TAXES/TAX CREDITS. To the extent thei installation or 8. DUTY TO NOTIFY. Host shall have the duty to notify credits shall be the sole property of and shall inure to the Duke Energy promptly regarding any unsafe, inoperable or benefit of Duke Energy for the period for which it owns the damaged equipment that applicant becomes aware of. In Equpmentprovided: lundert this Agreement. If,foranyr reason, addition,Host: shallp promptlyreportall claimsand/ori incidents any such credits are not received by Duke Energy, but are to Duke Energy or its designated representative(s), and instead received by Host, Host agrees to promptly pay the  Approvals"). Host shall cooperate with Duke Energy in its contamination that violates anyl laws.  effortt to obtain such Governmental Approvals. In the event is canceled, expires, lapses, or is otherwise withdrawn or immediately upon written notice tol Host.  mannerorany GoyernmentalApproyal issued to[ Duke Energy Equpmenunfrasrucure.  harmless againstanyclaim ofliabilityo orlossi from bodilyinjury or property damage resulting from or arising out of the  Disabilities Act (ADA) and any applicable State of Florida agents. building standards. Host understands and accepts that such  required for the EVSE or the Property to be ADA compliant, Equipmenti is removed.  including! butnotl limited to,t the consrucdionelADAcomplart  ownership of the Equipment generates anyt tax credits, such  dollar amounto of any such credits to Duke Energy.  3    provision oft this Agreements shall be valida and binding to the  16. LIMITATION OF LIABILITY. In no event shall either fulleste extent permitted by laws.  Party be liable for consequential, special, incidental,  exemplary, punitive, or anyi indirect damages of any nature 23. NOTICES. Allr notices hereunder must be in writing and arisinga atanyt time, from any causey whatsoever. Exceptforits shall bec deemedy aldygven.fsentbyus. mail,commercial fraud, win.imisoniydorinenioni misrepresentaton.sacn courier, personal delivery or email, addressed as follows (or Party's aggregate liability relating tot this Agreement: shall not any other address that the Party to be notified may have exceed Two Hundred: and Fifty Thousand dollars ($250,000). designated to the sender by like notice):  17. GOVERNING LAW. This Agreement: shall be govemed Host: by and construed ina accordance with the laws oft the State of Florida withoutreference toi its conflict of laws principles. 18. ENTIRE AGREEMENT: AMENDMENTS: ORDER OF agreementbelweenDukeEnergy: and Hostwithr respecttothe subject matter hereof and supersedes all prior negotiations, binding documents, representations: and agreements, whether written or oral, with respect to the subject matterhereof. The Parties mayr modifyandi replace any Statement ofWork upon mutual agreement in writing. This Agreement may be "Agreement" shall mean and shall consist of the following  Attn: Phone: Attn: Program Manager- Park & Plug PO Box 14042 St Petersburg, FL 33733 Phone: 800-700-8744  PRECEDENCE. This Agreement represents the entire Duke Energy: Duke Energy Florida, LLC  amended or modified only by a written instrument duly Notice shall be effective upon receipt or such later date documents, listed in their order of priority in the event of a 24. COUNTERPARTS. This Agreementmaybe: executedi in conflict: (a) any amendment: signed by both Parties; (b) any two or more counterparts, each of whichs shall be deemed an Statement of Work; (c) the terms of this document; (d) any original, buta all of which togethershall constitute one and the exhibit(s), schedule(s), or descriptions and specifications samei instrument. Transmission ofi images ofs signedsignature Dukel Energy'sp priorwritten consent. This Agreementshall be 25. NO JOINT VENTURE. The Parties intend by this binding on, and inure tot the benefit of, the Parties and their Agreement to establish the basis upon which they will successors andp permitteda assigns. Duke Energy mayassign cooperate together, but on an independent basis. This this Agreementora any benefit, interest, rightord cause ofa action Agreement does not constitute or create a joint venture, arising underthe Agreementto: any persony withoutrestriction. partnership, or any other similar arrangement between the 20. NO WAIVER. No course of dealing or failure of Duke are ana agent of, nor has the authorityt to bindt the other fora any Energy or Hostt to enforce strictly anyt term, right or condition purpose. NoF Party shalll bind anyo ohep,orepesentnatinas condition oft this Agreement: shall operate as a waiver of any 26. PHOTOSMIDEO OF EQUIPMENT. Host agrees, upon 21. SURVIVAL. All sections of this Agreement providing for shallo own all copyrightand other intellectual propertyrightsof indemnificationc orlimitation of or protection: against liability of such photographs or videos. To the extent the Property either Party shall survive the termination ore expiration oft this appearsin anys such photographsorvideos, Host consents to Agreement. Additionally, any provisions of this Agreement Duke Energy's use and disclosure of such photographs or  executedby: an authorizedr representative ofeach Party. The specified int the notice.  incorporated into the Agreement.  pages by facsimile, e-mail or other electronic means shall have the same effect as the delivery of manually signed  19. SUCCESSORS AND ASSIGNS. Host may not assign, documents in person.  convey or transfer: all or any part of this Agreementwithout  Parties. Each oft the Partiesi isi independentand noned oft them  ofthis Agreementshall be construed: as ay waiverof that term, the authority to do so.  right or condition. No express waiver of any term, right or  other term, right or condition.  reasonable noticet to allow! Duke Energyto entert the Property to take photographs or video of the Equipment. Duke Energy  which require performance subsequent to the termination or videos oft the Property.  expiration of this Agreement shall also survive such 22. SEVERABILITY. fanyprovision oft this Agreementorhe application of this Agreement to any person or circumstance shallt to any extent be heldi invalid oru unenforceable byac court ofcompetlenijunisaicion the remainder oft this/ Agreementand the application oft that provision to persons or circumstances other than those as to whichi it is specifically! held invalid or unenforceable shall not be affected, and every remaining  termination or expiration.  SIGNATURE PAGE FOLLOWS]  4    IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written.  DUKE ENERGY FLORIDA, LLC  By: Print Name: Title:  HOST: CITY OF MEXICO BEACH  By: Print Name: Title:  5    EXHIBIT A STATEMENT OF WORK  Site Specific Electric Vehicle Infrastructure  This STATEMENT OF WORK ("SOW" or' Statement of Work") effective  is issued pursuant to the  DUKE ENERGY Electric Vehicle Sitel Host Agreement forinstallation of DCFast charger(s) dated XXXX XX, 2024 ("Agreement") between City Mexico Beach ("Host") and DUKE ENERGY Florida, LLC ("Duke Energy"). Atthe  following site location listed below. Each site location shall bei issued a separate SOW.  Site Location: 102 Canal Parkway, Mexico Beach, FL  Deliverable Equipment  Description  1  (2) DCFC 150 kw or above  2 Infrastructure to be installed/upgraded Permits/Notice of Commencement Site host responsibilities  (Site map attached) AlI Make Ready equipment to be described in the Construction Drawings  3  Duke Energy electrical contractors will obtain required electrical Site host to provide Duke Energy Notice of Commencement  permits  4  As per the Site Host Agreement  5 Anticipated Value of $300,000 Equipmentand Infrastructure" *Fori informational purposes only 6 Exceptions and Miscellaneous  Duke will replace landscaping damaged by installation process Standard Duke signage and pavement markings Duke may employ 3rd party service to regularly inspect, maintain, and address issues with equipment    D -  M  9 a    e a @ Y  10  a 0  C 8 de n 9 = la e la 10 00 1n - @ a S & in o @ de S la a I  S a D e of e € 0) E de 5 y s de S E 88 la 00 a de m C - 3 e S la e 3  a 8 E @ 5 o  C  S)  -  -    L B @  S  5  DE 2  a @  de 3)  E  E    e -  e    in e  e in 6  % in @ 8 E a iB 9 @ in o E 0 46 a e 8 a E 2 C  D  D a  a e S de de S de T a E M L E E e  a    3 o 0  a  E    > -  o S a e U o S 2 e 3 E o - - Y 6 a de e D Y de o  3  C a E 9 a  6 8  A  3  E  <       D Lu  de 2 A a de  -  3    to  a  -    in De  la  @ 0  e  a is  t  -  00    FPC  Q  a 3    A  8    GI    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: February 27,2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes R No  Agenda Consent Agenda Regular Closed Session  PRESENERINFORMATON CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED  Subject:  Renewing Two City Certificates of Deposit (CDs)  Attachment(s): None.  Brief Summary:  The City has 2 six-month CDs (total balance of $1,283,931.53) maturing on March 7, 2024, both of which are currently  earning 2%i interest. The City needs to renew them in order to receive a higher interest rate.  Action Requested:  Council to approve renewing the CDs.  ISSUE OVERVIEW  Background Information & Issue Summary:  At the time oft this Agenda Abstract being completed, Centennial offers the following terms on their CDs:  3Month: 5.16% 6M Month: 4.90% 12N Month: 4.50%  Financial Impacts:  The City will increase the revenue it receives from interest on these CDs.  Staff ecommerdtionsComments  Approve the renewal oft the CDs for 3 months (or, the term with the highest interest rate should that change by March 7)    Contract to the City of Mexico Beach from Garrison Cattle Co, LLC/K KK Storm,  LLC for Yard Waste Disposal and / or Pick up Scope: The scopes of worki included in this proposal will cover the following items:  1. City of Mexico Beach hauling vegetative yard waste to the permitted area site owned by Garrison Cattle Co., LLCat 4141 CR 386 S, Port St.. Joe, FL3 32456 and dumping they vegetative yard waste at that site. Tipping fee ats saids sitei is $6.00 per cubicy yard. The estimated City's hault truck measured at 320 CY to haula an average of 75% of this capacity = 24 CY of vegetative debris. Garrison Cattle Co., LLC will agree to have as set rate for normal yard waste of 24 CYx $6.00: = $144.00 per load. The average rate per load paid byt the City to Gulf County Landfill is $194.40 average fort the months of November and December 2014. This is a cost savings of $50.00 per load average. In the event that a storm hits the area, the tipping fee of $6.00 will then be 2. Our Crews supplementing the City of Mexico Beach Yard Waste Route using one or more self-loading knuckle boom trucks ranging from 80 CY up to 130 CY per truck will determine the percentage of capacity hauled per Public Works Director. To supply one or more knuckle boom trucks with driver/operator & grounds mani ther rate for supplementing the City'sYard Waste Route willl be asf follows: a. Self-loading knuckle boom truck with driver/operator & grounds man for $2.00 per CY or $95.00 per hour for 80 CYtruck and $125.00 per hour for 130 CY truck and grounds mani for $28.00 per 3. Providing Disaster Debris Removal and Disposal services will include but are not limited to: (a) 1 or more self-loading knuckle boom truck 80-130 CY capacity with driver/operator; (b) 1 or more clean-up machines withg grapple and operator; (c) chain saw operator with saw and 1 or more grounds men depending on need; Any of these additional services are available for normal yard waste route pickup buti is also available fora contingency: should this areal be affected byat tropical storm or hurricane. Ins suchr natural disaster situations, we can provide as many crews as needed to clean-up al large-scale event. In a contingency agreement the City can utilize this agreement for ap period of 30 days after the event and receive the EMAreimbursement allocated to the disaster event per a presidential major disaster declaration. This price to provide this  utilized as additional trucks may be added.  hour plus applicable tipping fees  (d) Supervisor with pickup and cell phone.  service is as follows:  a. $9.91 per CY of vegetative debris.  HOURLY RATES FOR 70 HR PUSH FOLLOWING THE STORM EVENT b. 80 CY Knuckle boom with driver/operator $95.00 per hour. 130 CY Knuckle boom with driver/operator $125.00 per hour. d. Bobcat or Manitou withg grapple and operator $85.00 per hour. Chainsaw operator with saw $38.00 per hour. Grounds men/Laborers $28.00 per hour. Supervisor with pick-up $45.00, per hour. h. Orp pickup with dump trailer 40 CY$65.00 per hour. Other equipment upon request: Trackhoe witht thumb $125.00 per hour. D5 Dozer or equivalent $115.00, per hour. 644. John Deere Rubber Tired Loader or equivalent $115.00 per hour. 60-80 CY tractor trailer dump $110.00 per hour. m. 1300 Morbark Tub Grinder $325.00 per hour.  Contract Revision 10/08/2018    7self-loading knuckle boom trucks anda a 13 foot Morbark Tub Grinder and Extec 6000 Screen are stationed on our property at 4141 CR 386 S, Port St. Joe, FL 32456 but we have well over 100 trucks that work for us in disaster recovery projects all over the country andy would be available ifr needed, within 24t to 72 hours ofal Notice to Proceed Int the event ofay presidentially declared disaster the City would need to utilize the $9.91 CY rate not the hourly rate for reimbursement by FEMA, for the 30 day contingency period immediately following the storm event for debris removal and disposal operations, plus the $6.00 per CYof vegetative debris and $8.75 per CY of Construction Debris (C&D) tipping fee which is also a reimbursable item under the FEMA PA program. The City may utilize the hourly rates provided for the first 70 hour push to clear debris from all City roads and public areas which is also a reimbursable item. Ini the event ofa disaster we willa also provide daily ticket listings to the City on the next day after hauling to be reconciled. At the end of each week we will assist the City in preparing a weekly reconciled invoice complied oft the daily reconciliations to forward to the State and then to FEMA. This willi insure that at the end of the debris removal operations, there will not be an opportunity for FEMA to deny reimbursement due to improper documentation. Ift there is debris remaining after the 30 day contingency period, and the Cityi is required to bid the remaining debrisremoval, Garrison Cattle Company wills still provide our permitted site tot the City andi its contractor that may be awarded, if needed. However, we can supplement this agreement with enough trucks and equipment to remove a large amount of debris during the 30 day period, and other local contractors will be the first to be utilized should wer need additional trucks/equipment. Because our trucks and equipment are: stationed. at ours site at 4141 CR: 386 S, Port St.. Joe, FL 32456, we can mobilize immediately upon receipt of a Notice To Proceed from the In the event of a tropical storm or hurricane the City of Mexico Beach has entered in an agreement with Garrison Cattle Co., LLC to store City vehicles/equipment on the property of said company if there is a declaration of emergency declared to which we need to move its City vehicles/ equipment out of the City limits for protection. Inc consideration of this agreement, and for the life of this contract, The City of Mexico Beach may pick up mulch as as subsidiary item of its yard waste from our grinding site. To quantify a value to the City, a cubicy yard of mulch is valued at $20.00 per cubic yard. This consideration is for the City to utilize mulchi in city parks and its' propertiesa at  for the City. (Tipping fee of $6.00 per CY of vegetative debris applied for disposal.)  City.  no actual out of pocket cost.  Sign: Mark L  Garrison Cattle Company,LC KKS Storm, LLC  Printy MARK COARRESON Daec 8 2018 Print:_ TAN/A D CASHPO  Sign: ypcbae City of Mexico Beach Tanya Castro  Date:_  10-8-18  Contract Revision 10/08/2018    ADDENDUM1  DISASTER DEBRIS MANAGEMENT SITE RATES  ITEM DESCRIPTION Vegetative Debris C&DDebris Sea or Marsh Grass White Goods Tires Cars & Trucks Boats  RATE $6.00 $8.75 $6.00 $45.00 $20.00 $500.00 $500.00  QUANTITY Cubic Yard Cubic Yard Cubic' Yard Each Each Each Each Each  A/C& Refridgerators (Freon Removal per FEMA guide) $95.00  PICK AND REMOVAL FROM RIGHT OF WAY AND HAULED / DUMPED AT GCC SITE RATES  ITEM DESCRIPTON Vegetative Debris C&DDebris Sea or Marsh Grass Tires White Goods A/C & Refridgerators Cars & Trucks Boats (1'-30'LF) Boats (31'-60'LF)  RATE $9.91 $15.91 $18.00 $20.00 $75.00 $150.00 $200.00 $500.00 $800.00  QUANTITY Cubic Yard Cubic Yard Cubic Yard Each Each Each Each Linear Foot Linear Foot  Contract Revision 10/08/2018    MEXICOBEACH  FL  CITY ADMINISTRATOR PERFORMANCE EVALUATION  Purpose: Format:  The purpose of evaluating the City Administrator ist to look at their performance during the evaluation There are no perfect evaluation tools. However, the evaluation should be ai thoughtful, effective, sensitive, and positive process. Please make comments about specific departments and the organization This evaluation consists of several categories that the City Administrator is involved with or has responsibility for. Following each category, you are asked to indicate your assessment on the following  period.  asav whole as you may deem appropriate.  Rating:  scale: Exceptional  (4)  This rating describes performance which consistently exceeds the expectations of the City Council and is  clearly superior in terms of quality and performance standards.  Exceeds Expectations (3) athorough and efficient effort. Meets Expectations (2) Below Expectations (1) significant improvement.  This rating describes performance which routinely exceeds expectations oft the City Council and reflects  This rating indicates fulfillment of the job requirements and expectations of the City Council. This rating indicates marginal fulfillment of the City Council's expectations and shows a need for For ratings of "1", please provide a suggested creative action plan for improvement. Each category also allows space for comments. You: are encouraged to make comments on each item and provide as much feedback as desired. The more feedback given, the greater the opportunity for meaningful discussion. At the end of this evaluation there is a place for your overall assessment of the City Administrator and  space for your overall comments.  Name of Employee Supervisor's Name    1. Organizational Management and Leadership  Plans and organizes the work that goes into providing services established by the decisions of the City Council. Delegates authority as needed while retaining ultimate responsibility for staff performance. Takes responsibility for setting realistic objectives for the organization based on the goals of the City Council. Strives to create ane environment that promotes innovation, accomplishment and accountability. Has the capability and willingness to make hard decisions when required and accepts responsibility for those decisions and  those of subordinates. COMMENTS:  AREA RATING: Circle One Exceptional Exceeds Expectations Meets Expectations Below Expectations  4 3 2 1 2.  Fiscal and Business Management  Plans, organizes, and presents the annual budget and CIP with appropriate documentation andj justification. Recommends a balanced budget consistent with established City Council goals and guidelines.. Makes informed, reasoned, and responsible budgetary andi financial recommendations and decisions. Effectively oversees the maintenance, preservation and operation of City facilities, buildings and equipment.  Recommends priorities for human and fiscal resources.  COMMENTS:  AREAI RATING: Circle One Exceptional Exceeds Expectations Meets Expectations Below Expectations  4 3 2 1    3. Communication and Relationships with City Council  Maintains effective and timely communication, bothy verbal and written, with City Council. Establishes and maintains a system of reporting of current plans and activities.  Maintains availability to elected officials.  Plans, organizes and submits materials for presentation to the City Council in a clear, concise and comprehensive manner.  COMMENTS:  AREARATING: Circle One Exceptional Exceeds Expectations Meets Expectations Below Expectations  4 3 2 1  4. Community and intergovernmental Relations Appropriately participates in community: and civic activities. Communicates in a clear and unbiased manner on boths special and routine events and issues. Promptly responds to and addresses citizen inquiries and public concerns.  Maintains awareness of developments int the community and other governmental jurisdictions that may relate to or affect  the City. COMMENTS:  AREA RATING: Circle One Exceptional Exceeds Expectations Meets Expectations Below Expectations  4 2 3 1    5. Personal and Professional Traits  Evaluates and keeps up with current technology and professional development. Viewed positively by others inside and outside of the organization. Energetic and willing to spend necessaryt time to do a good job.  Innovative ands self-motivated. Builds cohesiveness ins staff. COMMENTS:  AREA RATING: Circle One Exceptional Exceeds Expectations Meets Expectations Below Expectations  4 3 2 1    Overall Performance Rating  4 3 2 1  Exceptional Exceeds Expectations Meets Expectations Below Expectations  ADDITIONAL COMMENTS AND OBSERVATIONS:  SUGGESTIONS FOR IMPROVEMENT:  City Administrator  Date  Mayor/Council Member  Date    CITY OF MEXICO BEACH, FLORIDA CITY ATTORNEY CONTRACT  THIS AGREEMENT is made and entered into as ofits Effective Date, by and between CITY OF MEXICO BEACH, FLORIDA, a Florida municipal corporation located in Bay County, Florida, whose address is 201 Paradise Path, Mexico Beach, Florida 32456, hereinafter referred to as the "CITY", and CLINTONT. MCCAHILL, P.A., whose address is 260 Marina Drive, Suite A, Port St. Joe, Florida 32456, hereinafter referred to as the ATTORNEY". WHEREAS, CITY desires to employ the services of the ATTORNEY as CITY  ATTORNEY; and  WHEREAS, all references to City Council shall mean the collegial body of Council, NOW, THEREFORE. in consideration oft the mutual covenants, promises, and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency ofv which is hereby acknowledged, the parties hereby agree as follows: 1. RECITALS. The foregoing recitals are true and correct and incorporated herein by this 2. APPOINTMENT AND RETAINER. The. ATTORNEY is hereby retained and appointed 3. SERVICES TO BE RENDERED. The ATTORNEY shall provide to the CITY legal services as City Attorney. relating to City Council, Facilities, Business/Support Services, Human Resources. Comprehensive Planning for Equal Opportunities and Official Records, including,  unless otherwise stated herein.  reference.  asaCITY ATTORNEY for the CITY.  without limitation by enumeration, the following: 3.1 City Council and Board Meetings.  a. workshop.  Attend and provide counsel at all regular and special meetings and workshops of  the City Council, unless excused by the Mayor and ratified by City Council at the meeting or  b. Attend and provide legal counsel at meetings of the Planning and Zoning Board,  as requested by the City Administrator.  1    C.  Attend and provide legal counsel at meetings of other Boards of the CITY, as  requested by the City Administrator.  3.2 General Legal Representation. The ATTORNEY shall perform all general legal representation for the CITY as required. Such general legal representation includes, but is not  limited to: a.  Legislative work associated with the City Council meetings, including preparation or review of ordinances and resolutions, and written policies and procedures, together with research work as necessary associated with the preparation oft those documents. This activity shall include providing assessments of legal risks inherent in any proposed course of action. present legislation, or practices oft the CITY. b. Preparation of oral or written opinions on legal matters as required by the City  Council and/or City Administrator.  C. documents. d. contractors. e. f.  Negotiations and preparation ofa agreements, leases, contracts, or similar Review and advice regarding contract form(s) between the CITY and independent When requested by the City Council or the City Administrator, performance of investigations that may require interviewing witnesses. taking testimony, review of Participation in meetings and/or telephone conferences with the City Administrator and/or City Staff as designated by the City Administrator and the g. Assistance to staff, legal research, and counseling related to the acquisition or sale ofreal property, preparation of leases, deeds and easements; utility franchise agreements; operations governed by law; liability situations; grant guidelines; pension law; and other h. Maintenance ofl legal files and provision to the City Administrator of copies ofall correspondence and ofall pleadings and orders in all litigation the ATTORNEYis handling for the CITY. On a monthly basis, ifrequested by the City Administrator or City Council, the ATTORNEY will provide a written report on the status of all litigation that the. ATTORNEY is directly handling or is overseeing on behalfoft the CITY.  reports, and legal research.  provision of legal counsel, as required.  matters as necessary requiring legal advice.  i. j.  Keeping the City Council and City Administrator informed ofl legislation and/or As requested by the CITY, overseeing, in a cost-effective manner. litigation in  judicial opinions that have potential to impact the CITY. which the CITY is represented by the CITY'S insurer.  2    k. Conducting legal research as required int the performance of duties to the CITY. Providing legal services for such other matters not covered above, but which necessitate legal advice or use ofl legal services oft the ATTORNEY, as determined by the  I.  City Council or City Administrator.  3.3 Additional Legal. Services. The. ATTORNEY shall be responsible for performing Additional Legal Services on the CITY'S behalf, when requested to do sO by the City Administrator or City Council The CITY reserves the right to retain the services of an attorney or attorneys, not associated with the ATTORNEY, to represent the CITY in any matter it  determines necessary or appropriate. 3.4 Miscellaneous Legal Services.  a.  Conducting labor negotiations and assisting with labor relations matters that go b. Providing specialized legal expertise in particular areas as required by the City  beyond routine telephone conferences or counseling.  Commission.  3.5 Litigation and Legal Defense.  a. and regulations;  Providing legal representation and defense to challenges to the CITY'S ordinances b. Defending the CITY in lawsuits that are not defended by legal services provided by the CITY'S insurer. or when the CITY'S exposure exceeds the insurance coverage. For this purpose, the CITY shall be understood to include the members oft the City Council, individually and/or collectively, members ofa all CITY boards and commissions. individually and/or collectively, the City Administrator and all members of the CITY staff, for any legal actions emanating from their official duties with CITY business, unless the ATTORNEY cannot represent an individual under the Rules of Professional Conduct ofThe Florida Bar or the City Council decides not toj provide C. Filing and pursuing such litigation as may be authorized by the City Council. d. The ATTORNEY shall not settle any claim without the prior written authorization ofthe City Administrator, in response to explicit direction from the City Council and consistent with any policies oft the CITY regarding authorization ofs settlements. 3.6 Legal Services Requested by an Individual Council Member. Legal assistance may be requested by an individual City Council member outside of public meeting(s) to assist the member in carrying out his or her official duties on a matter. The ATTORNEY shall notify the City Administrator that a member of City Council has requested legal advice sO that  representation to any individual;  Council  City  3    the Administrator can provide any written advice provided by the ATTORNEY to other 3.7 Advice 10 the General Public on CITY Matlers. The ATTORNEY shall refrain from responding to requests or comments from the general public unless otherwise directed by the 3.8 With the exception of requests from the City Council acting as a body, the City Administrator shall act as a' "gatekeeper" for the CITY in requesting the services or assistance of the ATTORNEY, coordinating the flow ofv work to the ATTORNEY and establishing the relative priorities to be placed by the ATTORNEY on each task for which the assistance ofthe ATTORNEY is required. No member oft the CITY staff may require the efforts ofthe ATTORNEY on the behalfofthe CITY unless authorized by the City Administrator. This paragraph does not prevent the ATTORNEY, in his or her discretion, from having one-on-one contact with City Council member(s) when such contact is needed in the best interests ofthe CITY. Notwithstanding the foregoing. any member oft the City Council may request legal services and opinions of the ATTORNEY regarding CITY matters, as provided in this  members of City Council.  City Council or City Administrator.  Agreement.  4. TERM OF THIS CONTRACT:  4.1 The term ofthis contract shall be for one year from April 1, 2022 through March 31, 4.2 The ATTORNEY shall serve at the pleasure ofCity Council. Both the CITY, upon the vote of the majority of the City Council, and the ATTORNEY reserve the right to terminate this 4.3 No notice will be required to terminate the services of the ATTORNEY; however, ifthe ATTORNEY terminates this Agreement, ATTORNEY shall give the CITY no less than thirty (30) days' written notice unless the City Council waives this thirty-day notice requirement. 4.4 Ifthe ATTORNEY is discharged by the CITY, or withdraws for any reason before conclusion of any projects or matters, the ATTORNEY shall be entitled to reimbursement ofall reimbursable costs advanced and all attorney fees incurred for work performed until such 4.5 Upon termination (regardless ofwho terminates). all finished or unfinished documents, correspondence. orders and other products prepared by the. ATTORNEY for the CITY under this 5. COMPENSATION. The CITY shall compensate the ATTORNEY in the following The CITY shall pay to the ATTORNEY the sum of$5,000.00 for every month during the term of this contract. This $5,000.00 flat fce shall cover all legal services performed by the  2023, unless terminated earlier as provided herein.  Agreement without cause upon written notice to the other.  termination.  contract shall be delivered to and for the exclusive use oft the CITY.  manner:  4    ATTORNEY as described in this contract. The $5,000.00 flat fee does not include litigation costs. These costs include, but are not limited to. court filing fees, service ofj process fees, court reporter fees, transcription fees, and expert witness fees. The ATTORNEY will bill the CITY or the CITY can pay directly all costs associated with any matter that is in litigation. This $5,000.00 flat fee does not include travel costs. Ifthe ATTORNEY: is required to travel for services performed for the CITY, the CITY will reimburse the. ATTORNEY for the costs ofs said Ifthe ATTORNEY performs any services wherein the fees for his services can be collected from or paid by any third party and not from the CITY, the ATTORNEY is entitled to collect those fees without any reduction to the $5,000.00 flat fee mentioned above. 6. ATTORNEY TOE BE MOIFNDINICONIRACTOS ATTORNEY and ATTORNEY'S employees and agents are independent contractors, and not employces, agents or 7. CITYNOTLIABLE FOR ACTS OF ATTORNEY. The CITY shall not be liable for the acts. omissions to act, or negligence OfATTORNEY. or the ATTORNEY'S agents, servants and employees. ATTORNEY shall maintain during the term oft this contract professional liability insurance in at least the minimum amounts of One Million Dollars ($1,000,000.00) per 8. COMPLIANCE WITH APPLICABLELAWS. ATTORNEY shall comply with all Federal, State and local laws and ordinances applicable to the work. and: shall not discriminate on the grounds ofrace, color, religion, sex, disability or national origin in the performance of 9. MISCELLANEOUS. Timei is oft the essence of this contract. This contract is the entire agreement between the parties, and supersedes all prior contracts or agreements between the parties. Each party has had equal input into the drafting oft this contract, and this contract shall not be construed against either party. This contract may not be modified except by written agreement executed with the same formalities as this contract. Once executed, a photocopy of this contract shall have the: same force and effect as the original. Paragraph headings are for convenience only, and are not intended to expand or restrict the scope or substance ofthe provisions oft this agreement. Whenever used herein, the singular shall include the plural, the plural shall include the: singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. This contract is made in the State of Florida, and shall be governed by Florida law. Bay County shall be the exclusive venue for any litigation, arbitration or mediation relating to this contract. This contract may not be assigned or delegated by either party without the prior written consent oft the other party. This contract shall not be construed to create legally enforceable rights in any persons or entities other than the ATTORNEY and the CITY.  travel.  servants of the CITY.  claim covering the professional services rendered.  services to the CITY.  gk dh MAnd 20z2.  APPROVED, by the City Council of the City of Mexico on the 14th day of  mARc 2022 Ch December, 2021, and EXECUTED  10k.  Ch  by the MAYOR on the 4 day of December. 2021.  5    CITY OF MEXICO BEACH  BXz  SElt  The Honorable William A. Cathey Mayor, City ofMexico Beach, Florida  loK MANL 2022.  APPROVED and EXECUTED by the ATTORNEY on the ""day of December. 2021  CLINTON #. MeCAHILL,P.A. g7  BY:  Cinton T. McCahill Attorney  ATTEST:  mbwK TAMMY BRV/ISON,City Clerk  6    REQUEST FOR PROPOSAL- LEGAL : SERVICES  CITY OF MEXICO BEACH  The City of Mexico Beach, Florida is seeking proposals to provide City Attorney/Legal services to the City. The RFP may be viewed on the City's website at  wwwmextopeacht.gow  The entire proposal and other components requested ini the RFP must be received by 2:00 p.m. CST, DATE TOE BE DETERMINED, 2024. The City reserves the right to continue to receive proposals after the due date if none of the originally submitted proposals are acceptable and to select from proposals submitted after the due date.  Documents can be mailed or hand-delivered to:  City of Mexico Beach Attn: Tammy Brunson, City Clerk 201 Paradise Path Mexico Beach, Florida 32456 .brunson@mexicobeachrlgov    LEGAL: SERVICES RFP2024-02 CITY OF MEXICO BEACH, FL  CITY OF MEXICO BEACH FLORIDA LEGAL SERVICES RFP: 2024-02  I.  INTENT  The City of Mexico Beach seeks qualified law firms or individuals to serve as a contracted City Attorney and provide other legal services encompassing the traditional scope of work required by al Florida municipality. The selected attorney will provide legal services to the City through its City Council and its City Administrator and will occasionally work with other employees and consultants of the City. The attorney will attend most City Council meetings, draft ordinances, resolutions, and provide legal assistance to all City departments in their conduct ofc City business. Preference will be given to those submittals demonstrating extensive successful experience in Florida municipal and land use law. In addition, preference will be given to submittals demonstrating experience with hurricane or other disaster recovery and knowledge of federal and state disaster reimbursement processes and rules. For information about City of Mexico Beach,  visit www.meNicobeachngov. II. TERM AND CONTRACT  The contract resulting from this RFP will be for an indefinite term, but terminable at any time by the City Council. The City Attorney will be required to provide thirty (30) days written notice of resignation. The City shall be invoiced monthly and be provided detailed itemized statements on a monthly basis. Compensation will be on a monthly flat fee basis as detailed by Section V.ofthis RFP and as further agreed by the parties. Other contract details will be as negotiated by the parties  and memorialized by a formal written contract.  III. SCOPE OF WORK  Under the proposed agreement, the City Attorney will provide the following services: 1. Provides legal advice, attorney services, and consultation to the City Administrator, City Council, department heads, boards and commissions, and all levels ofCity government ona wide variety of civil assignments, including but not limited to: general municipal law, labor law, general state and federal laws relating to City government, public disclosure issues, laws against discrimination, ordinance and resolution development and interpretation, housing, subdivision and land use law, economic development activities including development, redevelopment, enforcement, and property/real estate law, contract law, environmental law, franchise law, municipal leases, purchasing and procurement, trial activity, and tort law. City 2. Answers requests for legal opinions, in writing and verbally. Prepares written legal opinions 3. Appears before courts, magistrate hearings and administrative agencies to represent the  Attorney's advice includes methods to avoid civil litigation; asi requested. Availability to answer: staff questions by telephone;  City's interests;    LEGAL: SERVICES RFP2024-02 CITY OF MEXICO BEACH, FL  4. Works cooperatively with any special legal attorney retained by the City for special projects. Coordinates with other special attorney, as needed, to assure proper management of legal issues, and proper coordination and transition of legal information among special attorney; 5. Provide guidance and legal advice on the Sunshine Law, Robert's Rules of Order or other 6. Assists City officials and employees to maintain awareness of ethical standards and appearance of fairness standards, and to avoid potential conflicts of interest, prohibited 7. Prepares and reviews ordinances and resolutions for legal correctness and acceptability; 8. Prepares and reviews contracts, leases, and other documents for legal correctness and 9. Reviews and redrafts various City policies for legal correctness and acceptability; 10. Attendance at meetings ofany Board, Local Planning Board or Commission, or Committees,  meeting procedures, and Board rules and procedures;  transactions and the appearance of prohibited transactions;  acceptability;  as requested. Attendance at other meetings when requested; 11. Performs other legal services and tasks, as requested.  IV. CONTRACTETHICS  1. No elected official or employee of the City who exercises any responsibilities in the review, approval, or implementation of the proposal or contract shall participate in any decisions, which affects his or her direct or indirect personal or financial interest. 2. The: attorney or firm shall not accept any client or project that places iti in a conflict ofinterest with its representation of City of Mexico Beach. Ifs such a conflict ofinterest is subsequently  discovered, the attorney shall notify the City immediately.  V. PROPOSAL REQUIREMENTS  All proposals shall contain the following information: 1. Firm or Individual's Experience  Provide a description of the proposed City Attorney's background and expertise relevant to city attorney work in Florida. If the applicant is a multi-attorney firm, provide a brief background history of the firm, the number of attorneys employed, which attorneys would be assigned to Mexico Beach's work, and which attorney would be the primary City Attorney. Additionally, describe the availability, if any, of back-up attorneys in case ofi illness, turnover, or other loss of personnel. If the firm has multiple locations, specify which offices are intended to be assigned to Mexico Beach's work. You may also submit any additional information you feel will be helpful to  the City in evaluating your qualifications to serve as City Attorney.    LEGAL SERVICES RFP:2024-02 CITY OF MEXICO BEACH, FL  2. Proposed Fee Structure  Provide a proposed monthly flat fee designed to cover the City's general needs. State separately any work excluded from the monthly flat fee (e.g. litigation) and provide the compensation structure for such work. Also, state separately the rate for any other cost items proposed to be itemized and billed (ie. photocopying, Westlaw, or Lexis fees, overhead factor, etc.). The City reserves the right to negotiate terms as needed to improve elements ofthe proposal to best meet the  needs oft the City, including cost. 3. References  Provideareference list ofthree()recent (within five years) local municipal government clients. Iflocal municipal government clients are not available, other major clients may be submitted. Particular attention will be given to local municipal government client references. Please provide contact information including address, phone number and e- The City may contact any other known governmental clients, whether offered as references or otherwise, to obtain information that will assist the City in evaluating The City retains the right to use reference information to make selection decisions. Submittal of a proposal is agreement that the city may contact and utilize such  mail address. this Proposal. information. 4. Conflict ofInterest  Indicate whether your firm currently represents, or has represented in the past three years, any client whose representation may conflict with your ability to serve: as City Attorney for the City of Mexico Beach. In particular, indicate whether your firm currently represents, or has represented in the past two years, contractors who have done work forthe City ofMexico Beach int the past two years or who are likely to work for the City in the future. Also, indicate ifyour firm currently represents any real estate developers doing business within, or anticipating doing Iti is neither the City of Mexico Beach's responsibility nor practice to acknowledge receipt ofany proposal. It is the responder's responsibility to assure that a proposal is received in a timely manner. The City will not reimburse any expenses incurred by the responder including, but not limited to, expenses associated with the preparation and submission of the response and/or The City of Mexico Beach reserves the right to reject any and all proposals, to waive irregularities and informalities, to request additional information from all respondents, and further rseres-tmergh-oselet the proposal which furthers the best interests oft the City of Mexico Beach. Each proposal shall be considered binding and in effect for a period of ninety  business within, the City ofN Mexico Beach.  attendance at interviews.  (90) days following the proposal's opening.    LEGAL SERVICES RFP: 2024-02 CITY OF MEXICO BEACH, FL  VI. HOWTOSUBMIT PROPOSAL  Submissions must be submitted to Tammy Brunson, City Clerk, as hard copies contained in a sealed package or envelope. The exterior of the package or envelope must be labeled LEGAL The entire proposal and other components requested int this document must be received by 2:00 p.m. CST, DATE TOBE: DETERMINED, 2024. The City reserves the right to continue to receive proposals after the due date if none of the originally submitted proposals are acceptable  SERVICES PROPOSAL, RFP: 2024-02.  and to select from proposals submitted after the due date. Documents can be mailed or hand-delivered to:  City of Mexico Beach Attn: Tammy Brunson, City Clerk 201 Paradise Path Mexico Beach, Florida 3245 brunson@mexicobeachfl.gov  VII. CLARIFICATIONS  Should any responder find discrepancies in or omissions from this request forj proposals or should any responder be in doubt as to the meaning of any requirement or instruction, questions should  be directed to:  Chris Hubbard, City Administrator City of Mexico Beach 201 Paradise Path Mexico Beach, Florida 32456 850-648-5700 utandamescosagn  Clarifications of any questions received will be sent to all interested parties or will be posted on the City's website. The City of Mexico Beach shall not be responsible for any oral instructions. Interested parties must notify the City of Mexico Beach of any omissions or errors in this document prior to the submission deadline sO a corrective addendum may be issued in a timely  manner to all interested parties.    LEGAL: SERVICES RFP: 2024-02 CITY OF MEXICO BEACH, FL  VIII. SELECTION  The City will select the proposal that the City Council determines isi in the best interest ofthe City considering the qualifications and experience oft the proposer and the compensation amount and details proposed. Preference will be givent tot those submittals demonstrating extensive successful experience in Florida municipal and land use law. In addition, preference will be given to submittals demonstrating experience with hurricane or other disaster recovery and knowledge of The City Council intends to review all proposals or a short list of the proposals during its City Council DATE TO BE DETERMINED, 2024 meeting. If the City decides to short list the proposals in advance ofthe] DATETOBEDETIRMINED 2024 City Council meeting, the city will form a selection committee fort that purpose, which will meet publicly to determine the short list. The City Council may choose to decide final rankings on DATE TO BE DETERMINED, 2024 or make that decision at a later date. If the City chooses to conduct interviews with the proposers or of the short-listed group of proposers, the City intends for this to occur on DATE TOBE DETERMINED, 2024 and the City will notify selected proposers in advance of the interviews. Ifthe City chooses to conduct interviews, the proposers' interview performance and After selecting a top ranked proposal, the City will attempt to negotiate an acceptable contract with that top ranked proposer. Ift the City is unable to agree to a contract with the top rank proposer, the City will commence negotiations with the next highest ranked proposer. The City reserves the right to continue to receive proposals after the normal due date stated by this RFP if none of the originally submitted proposals are acceptable and reserves the right to  federal and state disaster reimbursement processes and rules.  responses willl be considered in the City Council's selection decision.  select from proposals submitted after the due date in such event.    a - e 5 8 @ 9  C a @ B 9 2N  a    a U o 0 8 2  C a de 8 f  -    e  :  3 B 3 DM f