HomeMy WebLinkAboutAM 2022-015 City Attorney Contract Amendment #2City of Seward
Action Memorandum 2022-015
Meeting Date: December 12, 2022
To: City Council
From: Janette Bower, City Manager
Subject: Action Memorandum 2022-015: Approving Amendment No. 2 to the Contract
with Chandler, Falconer, Munson, & Cacciola for the Provision of Basic Legal
Services through August 1, 2023, for a Total of $96,000 Annually
Background and justification:
The City of Seward has utilized the legal services of Chandler, Falconer, Munson, & Cacciola since
2020, when City Council approved Resolution 2020-053. Since that time, the firm has provided an
exemplary level of service to the City of Seward in their role as City Attorney.
Amendment No. 1 to the contract was approved via Resolution 2021-118, which provided for the
basic legal services which constitute the needed recurring work. Services covered by the flat fee
service include Port and Harbor work (except derelict vessels), completion of recodification work,
ordinance drafting, all public records requests work, all electric utility work (except work on the sale
of the utility), all utility work, all general counsel work; and attending one City Council meeting per
month. The flat fee rate of $66,000 annually, as approved by Amendment No. 1 expired on
November 1, 2022. Amendment No. 2 continues the provision of basic legal services through 2023
at the rate of $96,000 annually.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: All aspects of the Strategic Plan and Comp Plan are affected by the provision
of quality legal services.
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 96,000
This legislation (✓):
Creates revenue in the amount of: $
x Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
x Budgeted Line item(s): Included in each Department 2023 -2024 Operating Budget
Not budgeted
Not applicable
Fund Balance Information
Affected Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking F1 Wat F1 Healthcare
Motor Pool Other Multiple
Departments
Fund Balance/Net position — restricted $
Fund Balance/Net position — unrestricted/unassigned $
Available Unrestricted Cash Balance:
Note: amounts are unaudited
Finance Director Signature:
Attornev Review
RYes Attorney Signature:
Not applicable Comments:
Administration Recommendation
eAdopt AM
Other:
DISPOSITION
Approved by City Council on December 12, 2022.
AMENDMENT NO.2 TO LEGAL. SERv10Es AGREEMENT
That certain agreement for legal services ("Contract") effective August 1, 2020, by and between
the City of Seward, PO Box 167, Seward Alaska 99664 ("City"), and Boyd, Chandler, Falconer &
Munson, LLP, an Alaska limited lability partnership, of 911 W. 8`' Avenue, Suite 302, Anchorage, AK
99501 ("City Attorney" or "BCFM") as amended by Amendment No. 1 to Legal Services Agreement is
hereby amended as follows:
In consideration of the mutual promises herein, the parties agree as follows:
1. Compensation. Paragraph 6 as amended is hereby further amended to read as follows:
a. Commencing November 1, 2022, basic legal services shall be provided at a fixed monthly
fee of $8,000.
b. The fixed fee includes the following services:
1. All Port and Harbor work (except derelict vessels)
2. Completion of recodification work
3. Ordinance drafting and review
4. Advice on public records requests as needed
5. All electric utility work (except work related to sale of the utility)
6. All water, sewer and refuse collection utility work
7. All general counsel work
8. 10 trips to Seward each calendar year
9. Attending one city council meeting per month (either in person or calling in).
c. The fixed monthly fee does NOT include the following services:
1. All lawsuits
2. All planning & zoning permitting, variance and enforcement matters
3. All personnel grievances
4. All COVID-19 legal work
5. Any derelict vessel matters
d. Hourly. The hourly rates for services outside of fixed fee services are:
$275 - Mr. Chandler
AMENDMENT NO. 2 TO LEGAL SERVICES AGREEMENT PAGE 1 OF 2
CITY OF SEWARD 1 BOYD, CHANDLER, FALCONER & MUNSON, LLP
$275 - Mr. Cacciola
$275 - Mr. Munson
$250 - Mr. Severin (through December 31, 2022 and $275 thereafter)
$210 — Mr. Kody George
$100 - paralegaI services
e. Rate Adjustment. The attorneys' fee schedule for both hourly and fixed fees is to
remain fixed until November 1, 2023. After November 1, 2023, the fee schedule may be re-
negotiated.
f Costs. The City Attorney shall be entitled to reimbursement for out-of-pocket expenses
incurred in the course of representation, Expenses, including long distance telephone charges,
expedited mail or courier service, filing and recording fees, computerized research fees and
travel expenses will be billed at actual cost. Certain in-house expenses, such as photocopying
and messenger service, are billed at standard rates.
In all other respects, the Legal Services Agreement is to remain unchanged and in full force
between the undersigned parties.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 effective November
1, 2022.
CITY OF SEWARD
By:
J e Bower, City Manager
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ATTEST:
Brooks W. Chandler
AMENDMENT NO.2 TO LEGAL SERVICES AGREEMENT PAGE 2 OF 2
CrrY OF SEWARD / BOYD, CHANDLER, FALCONER & MUNsoN, LLP