SPECIALCITY COMMISSION MEETING MONDAY,OCTOBER: 28, 2024 5:30 P.M COMMISSION CHAMBERS, CITYHALL 8W. BROADWAYST. FORT MEADE, FLORIDA 33841 Meeting ID:899298628641 Passcode: 274669 +13052241968,89929862864H.,274669# US  ttps//us02web.200m.U5//899298628647PWG-YRWaUBIM2Cty0p314HLmiZkwa01F34.1  A.  CALL TO ORDER B. ROLL CALL - CITY CLERK  C. INVOCATION AND PLEDGE TO THE FLAG  D.  PUBLIC FORUM: Each person addressing the Commission shall signi in with the City Clerk. Persons shall step up to the microphone, shall give his/her name and address in an audible tone ofvoice for the record and, and unless further time is granted by the Commission, shall limit their address to the three (3) minutes for agenda items only. All remarks shall be addressed to the Commission: as: al body, and not to any memberthereof. No person other than the members of the commission having the floor, shall be permitted to enter into any  discussion, either directly or through the members of the commission.  E. F. G. I. J.  NEW BUSINESS:  01. Resolution R2024-82 Appointing an Interim City Attorney  REPORT OF THE MAYOR: REPORT OF THE CITY MANAGER: H. REPORT OF THE CITY ATTORNEY:  FUTURE AGENDA ITEMS OF COMMISSIONERS, if: any:  FOR THE GOOD OF THE ORDER (limited to events, feel good announcements  only) K. ADJOURN.  NOTE: Ifany person decides to appeal any decision made by the City Commission with respect to any matter considered. at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. $286.0105)    RESOLUTION NO. 2024-82  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT MEADE, FLORIDA, APPROVING THE PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF FORT MEADE, FLORIDA, AND THE LAW LEGAL SERVICES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; AND PROVIDING FOR AN  FIRM  FOR CITY ATTORNEY  EFFECTIVE DATE  WHEREAS, the City Commission of the City of Fort Meade, Florida ("City Professional Services Contract for the provision of contacted City Attorney legal services consistent with the terms and conditions set forth in Exhibit "A" attached  Commission'") and the Law Firm  desire to enter into a  hereto; and  WHEREAS Part I, Section 22 of the City of Fort Meade's Charter states that "the duties and compensation of the City Attorney shall be such as shall be fixed by the City  Commission',and  WHEREAS, by a majority vote of the City Commission on October 25, 2024, the  City Commission hired the qualified firm Firm") as the City Attorney; and services, attached as Exhibit"A',and  ("Law  WHEREAS the City Commission desires to enter into a contract for legal WHEREAS the City Commission finds that the approval of the contract and named law firm for City Attorney Services is in the best interest of the City of Fort  Meade, Florida.  NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF Section1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and the same are hereby made a specific  THE CITY OF FORTI MEADE, FLORIDA, THAT:  part of this Resolution.  Section 2. Approval of Contract. The City Commission of the City of Fort Meade, Florida hereby approves the Professional Services Contract with the Law Firm  consistent with the terms and conditions  set forth in Exhibit "A" attached hereto.    Section 3. Effective Date. This Resolution shall be effective immediately upon  adoption hereof.  PASSED and ADOPTED this  day of October 2024.  Petrina McCutchen, Mayor  ATTEST  Melissa Cannon, Deputy City Clerk  APPROVED ASTO FORM. ANDLEGALSUFFICIENCY:  Austin Pamies Norris Weeks Powell, PLLC  City Attorney  Moved By: Seconded By:  Vote:  Commissioner Schaill Commissioner Watts Commissioner Williams Vice Mayor Berrien Mayor Mccutchen  (Yes) (Yes) (Yes) (Yes) (Yes)  (No) (No) (No) (No) (No)    PROFESSIONAL SERVICES CONTRACT  THIS PROFESSIONAL SERVICES CONTRACT ("Professional Services Contract") is hereby made and entered into, in duplicate, in Polk County, Florida, this 1st day of November, 2024, by and between the City of Fort Meade, Florida, hereinafter referred to as "City," being party of the first part, and the law firm of  hereinafter referred to as "Law Firm"  being party of the second part.  RECITALS:  WHEREAS, Part 1, Section 22 of the City of Fort Meade's Charter states that "the duties and compensation of the City Attomey shall be such as shall be fixed by the City  Commission'"; and  WHEREAS, by a majority vote of the City Commission on October 25, 2024, the  City  Commission  hired  the  qualified  firm  ("Law Firm") as the City Attorney; and  WHEREAS, the City Commission finds that the approval of the contract for City NOW. THEREFORE, in consideration of the mutual covenants and promises herein contained and the mutual exchange of other good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually agreed and covenanted as  Attorney Services is in the best interest of the City.  follows:  1.0 ENGAGEMENT OF PROFESSIONAL SERVICES. City hereby agrees to 2.0 SCOPE OF SERVICES. City and Law Firm agree that the legal services provided by Law Firm shall be those generally performed by a City Attorney and required by the City Charter. Law Firm Attorney(s) shall attend City Commission meetings and other meetings along with other necessary City board meetings each  engage LAWFIRM.  month.  3.0 TERM; TERMINATION. This Agreement shall take effect on the date of execution and shall continue as determined by the City Commission. The parties agree that either party may terminate this Agreement with or without cause, with thirty (30)  days written notice in advance.  4.0 FEES FOR SERVICES RENDERED.  a. Flat Fee Component: The Law Firm will provide general City Attorney general municipal work as set forth in Exhibit" "A" and excludes other specific  services to the CITY at a flat fee of $ services (Hourly Services) as set forth in Exhibit' "B."  per month inclusive of  1    b. Hourly Services: The specific services as set forth in Exhibit "B" which are not included in the flat fee, will be performed, and billed by the Firm on an hourly basis at a blended, discounted government rate of $225.00 per hour for attorneys. Itis our practice to charge for actual time expended on your behalf, but not less than 1/10ths of an hour for each activity. Hourly services shall be subject to prior approval by the Commission. In the case of litigation, Law Firm shall charge a litigation rate of $225.00 per hour for Additional Flat Fees: If mutually agreed by the Law Firm and the City, matters involving hourly services may alternatively be provided at flat rates, d. Cost Recovery: For those items which may be subject to cost recovery, the Firm will bill third parties, and not the City, at its non-govemment rate for e. Payment of Fees and Costs. Our invoices will be submitted to the City on a monthly basis and each invoice will be due and payable within a reasonable amount of time and pursuant to the Florida Prompt Pay Act. We stand ready and willing to discuss any invoice. Otherwise, we recognize that the City will follow Florida's Prompt Payment Act in the disposition of our invoices. Should a dispute arise at to charges, we will work in good faith to resolve, further recognizing that the City and our Firm have various forms of  attorneys and $125.00 per hour for paralegals.  to be individually negotiated as those matters arise.  hourly services performed and billed by the Firm.  dispute resolution at our disposal.  In the event of termination, Attorney shall be entitled to such compensation as shall  have accrued to the end ofthe month terminated.  5.0 COSTS AND; EXPENSES: In addition to professional legal services, Law Firm's billing statements shall include out-of-pocket expenses advanced or incurred on City's behalf. Advanced costs generally will include expenses for such items as filing, recording, certification, and registration fees charged by governmental bodies, facsimile charges, telephone charges, courier services, computer research fees, photocopying expenses, reasonable transportation, and court reporter charges. The foregoing reimbursement of costs and expenses to Law Firm are not fees for services as contemplated under this Professional Services contract. Law Firm may also request these costs be paid diréctly by the City to the billing party rather than on a  reimbursement basis.  6.0 LAW FIRM INDEPENDENCE. It is important that Law Firm Attorneys be independent and impartial in order to properly perform and provide professional services to City. Law Firm shall not act as counsel in any lawsuit or other adversary  proceeding in which City isinamed as an adversary party.  2    7.0 INDEPENDENT CONTRACTOR RELATIONSHIP. Nothing contained in this Professional Services Contract or any document executed in connection herewith, shall be construed to create an employerempoyee relationship, partnership or joint venture relationship between City and Law Firm. Law Firm is an independent contractor and not an employee of City. The consideration set forth in Professional Services Contract shall be the sole consideration due Law Firm for the services rendered hereunder. It is understood that City will not withhold any amounts for payment of taxes  from the compensation of Law Firm hereunder.  8.0 NOTICE. Whenever either party is required to give notice to the other, such notice shall be delivered by United States mail, return receipt requested or by hand delivery addressed to the party for whom it is intended at the place specified by this paragraph. The place for giving notice shall remain the same as set forth in this Professional Services Contract, unless changed in writing and provided in the manner provided by this paragraph. The parties designate the following, City Mayor or successor, as the effective persons and place for providing notice to the other:  FORT MEADE: Petrina McCutchen, Mayor 8 West Broadway Street Fort Meade, FL 33841  Orh hand-delivery at the official City Administrative office  LAW FIRM:  (Insert Address)  9. MISCELLANEOUS: This Professional Services Contract sets forth the entire agreement between the parties hereto. Any prior oral conversations or writings are  merged herein and extinguished.  This Professional Services Contract shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not  affect the validity or enforceability of any other provision.  IN WITNESS WHEREOF, the parties have caused this Professional Services  Contract to be executed this  day of  2024.  3    CITY OF FORT MEADE  ATTEST:  BY:  City Clerk  Petrina McCutchen, Mayor  ATTORNEY  WITNESSES:  BY:  4    EXHIBIT A City Attorney Services Included in the Flat Fee  General Legal Counseling and advice as generally provided by a chief legal All in-person meetings, telephone calls, emails, teleconferences and video conferences with individual CITY Commissioners, CITY Manager, and CITY staff. Preparation or review and revision of general ordinances and resolutions. Preparation for and attendance at CITY Commission meetings, and workshops. Preparation for and attendance at Planning Advisory Board meetings. Preparation for and attendance at Code Enforcement Board meetings. Training of CITY Commission or CITY Boards on request. Orientation of newly elected Commissioners or Mayors. Drafting, review and revision of contractsyagreements.  advisor.  The provision of opinions of title.  Legal research, analysis, and drafting of memorandums and correspondence  responding to routine inquiries.  Ethics opinions  5    EXHIBIT B CITY Attorney Services Not Included in the Flat Fee  All services provided on litigation matters, including all adversarial proceedings before any administrative tribunals, courts, mediators, arbitrators and appellate All services paid for by a third-party shall be billed, to the third party, at the Firm's hourly rate for non-government clients. An example of the services reimbursed or paid for by a third-party would be public-private negotiations or development or substantial redevelopment application reviews and negotiations for properties and for projects greater than 1 acre (excluding a single family residential dwelling All services provided on special projects, including but not limited to a substantial rewrite of the Code of Ordinances, Land Development Regulations, or CITY Charter, public private partnership negotiations or a general obligation bond The CITY Attorney will engage the Commission in a public meeting on discussions about the scope of any special project not included in the flat fee, including an estimate of the time and cost. The City Attorney shall obtain Commission approval prior to commencing work not covered under the flat fee.  tribunals.  Collective bargaining with unions.  unit).  issue.  6