HomeMy WebLinkAbout02242020 City Council Special Meeting ePacket
Seward City Council
Agenda Packet
Special City Council Meeting
Monday,February 24, 2020
Council Chambers, City Hall
5:00 p.m.
1
SPECIAL MEETING NOTICE
Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice
calling a Special City Council Meeting on Monday, February 24, 2020 at 5:00
p.m. for the purpose of:
Review and score the responsive proposals for
services.
The meeting will commence in the City Council Chambers, City Hall, 410 Adams
Street, Seward. All interested persons are invited to attend the meetings.
Posted:Wednesday, February 12, 2020
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
Seward Community Library Museum
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The City of Seward, Alaska
Special City Council Meeting
Monday, February 24, 2020 5:00 p.m.
Christy Terry
1.CALL TO ORDER
Mayor
Term Expires 2022
2.PLEDGE OF ALLEGIANCE
Sue McClure
3.ROLL CALL
Vice Mayor
Term Expires 2020
4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT
THOSE ITEMS SCHEDULED FOR PUBLIC HEARING
\[Those who have signed in will be given the first opportunity to speak. Time
Sharyl Seese
is limited to 3 minutes per speaker and 36 minutes totalspeakingtime for this
Council Member
agenda item.\]
Term Expires 2021
5.APPROVAL OF AGENDA AND CONSENT AGENDA
John Osenga
\[Approval of Consent Agenda passes all routine items indicated by asterisk
Council Member
(*). Consent Agenda items are not considered separately unless a council
Term Expires 2021
member so requests. In the event of such a request, the item is returned to
the Regular Agenda\]
Dale Butts
6.NEW BUSINESS
Council Member
Term Expires 2022
A.OtherNew Business Items
Tony Baclaan
Council Member
legal services.
Term Expires 2022
Seward
CityManager Memo
Julie Crites
ResponsiveProposals:
Council Member
Landye, Bennet, Blumstein,
Term Expires 2020
Boyd, Chandler, Falconer & Munson,
LLP
Jermain, Dunnagan & Owens,
Current Flat Fee Agreement withBirch Horton
Scott Meszaros
Bittner&Cherot, Inc.
City Manager
Brenda Ballou
7.CITIZEN COMMENTS\[There is no sign in for this comment period.
City Clerk
Time is limited to five (5) minutes per speaker.\]
Holly Wells
8.COUNCIL AND ADMINISTRATION COMMENTS &
City Attorney
RESPONSE TO CITIZEN COMMENTS
9.ADJOURNMENT
City of Seward, Alaska Council Agenda
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February 24, 2020 Page 1
CITY OF SEWARD REQUEST FOR PROPOSALS
LEGAL SERVICES
Issue Date: December 31,2019
Bid Opening: January 31, 2020
1.INTENT AND GENERAL INFORMATION
At the request of the City of Seward Council, the following request for proposal (RFP) is to contract
legal services to be provided to the City of Seward.
2.WHO MAY RESPOND:
Only Attorneys who are currently licensed to practice law in the State of Alaska and maintain an office
or law firms including such attorneys, may respond to this RFP.
3.SUBMISSION AND DEADLINE:
responding to this RFP are hereby notified that all proposals submitted, and information
contained herein and attached thereto will not become public information until selection of the
successful attorney/firm.
Except as otherwise provided above, no trade secrets or commercial or financial information shall be
accepted in confidence unless, and then only to the extent, the City Manager specifically agrees in
writing to the contrary.
All proposals must be received mailed or hand-delivered by 1:00 p.m. local time on Friday, January 31,
2020. Four (4) original hard copies and one (1) electronic copy (flash drive or disk) shall be submitted
in one package to:
Brenda Ballou, City Clerk
City of Seward
410 Adams Street
PO Box 167
Seward, AK 99664
Questions regarding this RFP should be directed to Scott Meszaros, City Manager, at
smeszaros@cityofseward.net. Questions must be received at least five (5) days prior to date fixed for
opening of proposals to be given consideration. Prospective respondents are requested to limit their
contact with the City regarding the RFP to the person(s) named herein.
All who are furnished a copy of this RFP, but who decide not to offer a proposal to the City of
Seward for this project are kindly requested to submit a negative reply.
The original proposal shall be placed along with the electronic copy in one sealed envelope bearing the
RFP for Legal Services
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4.SCOPE OF SERVICES:
In accordance to Seward City Municipal Code,2.20.040 - City attorney,
The position of city attorney is hereby established and the individual appointed by council shall have the
following duties:
(1)The city attorney shall advise the council and the city manager, and boards, commissions and all offices
and departments of the city, on all matters of law.
(2)The city attorney shall draft and assist in the drafting of all ordinances, resolutions, contracts and
agreements to be made or entered into by the city and approve the form of such instruments.
(3)The city attorney shall prosecute violators of this code and other city ordinances and shall represent the city
in all actions of law.
(4)The city attorney shall perform the duties as set forth in the charter.
(5)The city attorney shall perform such other duties as may be required by the city manager or the city council.
5.TIMEFRAMES
5.1 RFP Schedule is as follows:
Proposals due: January 31, 2020
Proposal Review Completed: February 12, 2020
*Community Council Interviews: February 24, 2020
Recommendation and Selection: Following February 24, 2020
*the date indicated for interview and selection is as noted and is subject to confirmation of invitation to
be interviewed. It is provided at this time for all prospective respondents for planning purposes and is
subject to change.
5.2 Term of Contract:
To be decide between offeror and the City of Seward City Council.
6.CONTRACT MANAGEMENT:
The contact person for this contract shall be the City Manager or his / her designee.
The selected offeror will identify one person who is to be the contact for this RFP.
7.EVALUATION AND AWARD:
7.1Selection Criteria
It is expected that a decision selecting the successful offeror will be made within four (4) weeks of the
closing date for the receipt of proposals.Upon conclusion of final negotiations with the successful
offeror, all Offerors submitting proposals in response to this RFP will be informed, in writing, of the
name of the successful consultant. It is expected that the contract shall be for a period of Three (3) years
with annual extension amendment possibility.
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7.2Selection Procedures:
7.2.1The City of Seward reserves the right to reject any or all proposals or parts thereof for any
reason to negotiate changes to proposal terms and to waive minor inconsistencies with the
RFP. The City of Seward reserves the right to select based on qualifications, experience in
Proposals requirements; and to negotiate a contract with the consultant.
7.2.2Proposals in response to this RFP will be reviewed against the criteria listed in 4. SCOPE
OF SERVICES and award of the contract shall be made in accordance with standard
purchasing procedures.
7.2.3The Seward City Council and Seward City Manager will review the proposals.
7.2.4Respondents submitting the most responsive proposals may be invited to an interview with
the selection committee on or about February 24, 2020.
7.2.5The City may enter into a contract with the most responsible respondent whose proposal is
determined to be in the best interest of the City.
8.ALTERNATIVES AND EXCEPTIONS:
The City may accept proposals which take exceptions to any requirements in the RFP, or which offer any
alternative to a requirement herein. Any exception or alternative must be clearly delineated and cannot
materially affect the substance of the RFP.
9.PROPOSALS:
The City will not be liable for costs incurred in the preparation of the responses to the RFP or in connection
with any presentation before a selection committee. Proposals submitted must be bound, paginated,
indexed and numbered consecutively. Respondents shall submit as their proposal the following:
9.1Organization and Content:
9.1.1Letter of Transmittal:
A letter of transmittal addressed to Scott Meszaros, City Manager, which includes a
statement by the respondent accepting all terms and conditions and requirements contained
background, experience, and ability to perform this contract in accordance with the Scope
of Services. Also, to be provided is a listing of clients for whom similar services were
performed, and the nature of the project.
9.1.2Project Understanding:
Please provide a written discussion in enough detail to demonstrate an understanding of
9.1.3Experience:
Pleasin similar roles.
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9.1.4Staff Plan:
Please identify key personnel whom the firm may designate to perform legal services for
the City of Seward, their certifications, their background and experience in similar roles.
Also please provide proof of license with the State of Alaska.
9.1.5Management Plan:
Describe management system and how it will function to ensure timely delivery of
requests.
9.1.6Letters of Reference:
Must provide a list of three references. Please include names, titles, addresses, and
telephone numbers as to allow the City to contact these references.
9.1.7Service Plan:
Provide a detailed itemized plan of proposed services.A flat fee with provided additions
are encouraged and hourly rates above and beyond.
9.1.8Services Expected of the City:
Define the nature and scope of all services to be provided by the City.
9.1.9 Fee Proposal:
The Offeror's proposed price should include information on the hourly billing rates of each attorney
or other legal staff who is expected to work on this representation and charges for expenses, if any,
such as legal research, copies, and faxes. Also include a monthly flat fee that would be charged to
advice on routine matters that could be handled over the telephone or otherwise without extensive
research or other legal work. The City of Seward reserves the right to negotiate with the Offeror on
the structure of the billing and/or retainer fee.
9.2 Required Forms to be Submitted with Proposal:
Fair Employment Practice Qualifications for Bidders
Non-collusive Affidavit
Alaska Business License
City of Seward Business License(if applicable)
10.GENERAL REQUIREMENTS AND CONDITIONS
Insurance Indemnification:
The contractor shall procure and maintain at its own expense, the following insurance: (See
Appendix 3 for a more detailed explanation of the City's Insurance and Indemnification
requirements).
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Note: Insurance Certificates in accordance with the requirements contained herein must be
submitted to the City prior to the issuance of a Purchase Order.
Conditions:
Respondents to this RFP will be expected to adhere to the following conditions and must make a
positive statement to that effect in its proposal submitted:
1.Have personnel/resources reserve enough to assure task continuity.
2.Agree that all hired by the respondent must have prior written approval of the City
of Seward.
3.Agree that the resultant contract may be terminated in the event of non-
appropriation of funds.
4.Agree to accept and follow management direction from the City and specifically,
sonnel.
5.Agree to conform to all applicable laws and ordinances and statutes of the Federal
Government, State of Alaska and City of Seward, including but not limited to the
following:
*Civil Rights Act of 1964, as amended
*Civil Rights Act of 1991, as amended
*The Municipal Code of the City of Seward
6.Agree that if the City cannot in good faith negotiate a written contract within a
reasonable time with the selected respondent, the City may unilaterally cancel its
selection of that respondent.
7.Agree that periodic payments to the Consultant will be made as agreed upon in
the signed contract with the City.
8.Agree that the contract between the City and the respondent shall be governed by
and construed in accordance with the laws of the State of Alaska and the
ordinances of the City of Seward.
11.EQUAL OPPORTUNITY EMPLOYER
As a condition of doing business with the City, be certified by the City as an Equal
Employment Opportunity Employer. The Fair Employment Practice Qualifications for Bidders is
enclosed for this purpose and is made an integral part of this proposal. Please complete the form in its
entirety and return it, with all necessary attachments and an authorized original signature affixed, with
the proposal submitted.
12.TAX STATUS
In accordance with the Municipal Code of the City of Seward, the selected respondent must be current in
all tax obligations to the City of Seward. A respondent found to be delinquent in the payment of
personal or real property taxes or found to be the owner of an interest of twenty-five percent (25%) or
more in a corporation that is delinquent in the payment of personal or real property taxes shall not be
considered for RFP award.
12.TAXPAYER'S IDENTIFICATION NUMBER
Each respondent, whether an individual, proprietor, partnership or a non-profit corporation or
organization must provide a completed Form W-9 to the City indicating its Taxpayer Identification
Number.
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13.ADDITIONAL INFORMATION AND REVISIONS TO PROPOSALS
Information may be provided to potential respondents for the purpose of clarification to assure full
understanding of, and responsiveness to the Request for Proposals requirements. Prospective
respondents shall be afforded fair and equal treatment with respect to access to additional information
and revision of proposals.
14. NON-RESPONSIBLE PROPOSER
Pursuant to Seward Code of Ordinance Section 6.10.135, any respondent who is found to have
previously held a contract with the City which was terminated for default, or who has previously been
involved in litigation with the City as an opponent of the City, may be deemed non-responsible and not
eligible for contract award.
15.NO GUARANTEES
This Request for Proposals, and any responses thereto, does not constitute a contract of any kind. The
City makes no guarantees with respect to a grant of award and/or contract to any responsible and
responsive respondent to this Request for Proposals.
16.BID SECURITY
Because this proposal does not request fixed-price bids, the requirements of a bid security is waived.
See Seward Code of Ordinances Section 6.10.220.
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FAIR EMPLOYMENT PRACTICES FOR QUALIFICATIONS OF BIDDERS
CITY OF SEWARD, ALASKA
THIS QUESTIONNAIRE ON FAIR EMPLOYMENT PRACTICES FOR THE QUALIFICATIONS OF
BIDDERS IS PART OF THIS BID DOCUMENT AND MUST BE RETURNED WITH YOUR BID.
FAILURE TOCOMPLETE THIS FORM MAY BE SUFFICIENT CAUSE FOR REJECTION OF YOUR
BID. IT WILL BE NECESSARY TO SUBMIT THIS FORM ON AN ANNUAL BASIS IN ORDER FOR
THE CITY TO MAINTAIN AND UP-TO-DATE FILE ON YOUR PROGRESS IN EQUAL OPPORTUNITY
EMPLOYMENT. AS REQUIRED BY FEDERAL AND STATE LAWS AND REGULATIONS, THE CITY
MAY REQUEST ADDITIONAL EQUAL EMPLOYMENT OPPORTUNITY INFORMATION FROM YOU.
PERSONS ON THE BASIS OF RACE, COLOR, SEX, NATIONAL ORIGIN OR AGE.
THIS QUESTIONNAIRE WILL BE EVALUATED BY THE PURCHASING AGENT AND HIS
RECOMMENDATIONS WILL BE A FACTOR IN DETERMINING WHETHER YOUR FIRM IS TO BE
SECTION PLEASE ANSWER ALL THE FOLLOWING QUESTIONS:
A NAME OF FIRM ______________________________________________________
ADDRESS____________________________________________________________
TELEPHONE NUMBER ________________________________________________
NATURE OF BUSINESS________________________________________________
NUMBER OF FULL TIME EMPLOYEES___________________________________
PERSON FILLING OUT FORM___________________________________________
TITLE________________________________________________________________
SECTION DO YOU HAVE A WRITTEN EQUAL EMPLOYMENT POLICY? YES___NO___
B IF YES, PLEASE ATTACH COPY
IF NO, DO YOU PLAN TO ADOPT ONE IN THE NEAR FUTURE? YES___NO___
SECTION DO YOU HAVE A WRITTEN AFFIRMATIVE ACTION POLICY? YES___NO___
C IF YES, PLEASE ATTACH COPY
IF NO, DO YOU PLAN TO ADOPT ONE IN THE NEAR FUTURE? YES___NO___
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SECTION DO YOU UTILIZE AFFIRMATIVE ACTION IN EMPLOYMENT PRACTICES,
SUCH AS ADVERTISING ALL POSITIONS WITH THE EQUAL OPPORTUNITY
D CLAUSE, MAKING SPECIAL EFFORTS TO RECRUIT MINORITY AND
FEMALE JOB APPLICANTS AND REVIEWING JOB-TESTING PROCECURES TO
ENSURE THAT NO DISCRIMINATORY BIASES EXIST? YES_____NO_____
SECTION NAME OF OFFICER OF FIRM_____________________________________________
E SIGNATURE OF OFFICER________________________________________________
DATE_______________________________________________________________
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CITY OF SEWARD
NON-COLLUSIVE AFFIDAVIT OF PROPOSER
The undersigned proposer, having fully informed themselves regarding the accuracy of the statements made
herein certifies that:
(1) the proposer developed the bid independently and submitted it without collusion with, and
without any agreement, understanding, or planned common course of action with any other
entity designed to limit independent bidding or competition, and
(2) the proposer, its employees and agents have not communicated the contents of the bid to any
person not an employee or agent of the proposer and will not communicate the proposal to any
such person prior to the official opening of the proposal.
The undersigned proposer further certifies that this statement is executed for the purpose of inducing the City of
Seward to consider the proposal and make an award in accordance therewith.
_________________________________ ___________________________________
Legal Name of Proposer/Firm Business Address
_________________________________ ___________________________
Signature and Title Date
_________________________________
Printed Name of Title Person
Subscribed and sworn to me this _____day of _______________, 20____.
Notary Public
My Commission Expires
_______________________
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CITY of SEWARD
410 Adams Street
P.O. Box 167
Seward, AK 99664
Name of Bid/RFP/RFQ:
Date of Bid Opening:
For tracking, audit, and record-keeping purposes, we would very much appreciate knowing the reason why you
have chosen not to submit a proposal for the above-referenced Public Bid, RFP or RFQ.
Would you please take a moment to provide a brief explanation below for not submitting a proposal to us for
this project?
_________________________________________________________________________
Please also indicate if you would like to continue to receive bids and quotes from us in the future for above-
referenced related purchases. If we do not receive this form back, we will assume you are no longer interested
in receiving bids and quotes from us.
Please continue to send me bids, quotes, and RFPs. Yes __________ No ___________
Company name __________________________________________________________
Mailing address __________________________________________________________
Email address ___________________________________________________________
Your name ________________________________________Date__________________
This form may be mailed, faxed, or e-mailed back to us at:
City of Seward
Attn: City Clerk
410 Adams Street
P.O. Box 167
Seward, AK 99664
Fax: 907 -
E-mail: BBallou@cityofseward.net
Thank you for your response
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Meeting Date: February 24, 2020
To: City Council
From: City Manager,Scott W. Meszaros
Agenda Item: Legal Services RFP Evaluation Work Session
BACKGROUND & JUSTIFICATION:
The City of Seward received three proposals for Legal Services. Proposals were received from
Landye, Bennett, Blumstein, LLP; Boyd, Chandler, Falconer & Munson, LLP; and Jermain,
Dunnagan & Owens, P.C. (JDO Law). All proposals were found to be responsive.All quotes
and estimates are for General Services, specific litigation or outside of scope work would be at
additional rate fees provided in each of the specific proposals.
The Council has requested to have an open session to evaluate submitted proposals based on the
firms responsesagainst the criteria listed in 4. SCOPE OF SERVICES detailed in the RFP which
is included in the Council Packet. Also provided is the current Legal Services Interim Flat Fee
Agreement dated 1.1. 2020 with Birch Horton Bittner & Cherot, Inc. the existing Law Firm
representing the City.
All firms are located in Anchorage.
Landye, Bennett, Blumstein, LLP
Ms. Leslie Need and Mr. Matt Mead would serve as the primary attorneys. LBB has decades of
experience advising municipal clients, their Anchorage office has 18 attorneys, including 14
partners making it one of the largest firms in Alaska, the firm represents AML and AMLJIA.
Monthly flat fee of $7,000 for up to 35 hours of work, 10 additional hours available without
charge to cover City-requested travel, unexpected needs, or routine overruns. After 45 hours,
billed at rate schedule. They prefer the City use the full allowance. Rates; Partners $220,
Associates $185, Paralegal $110/hr. Team works collaboratively to achieve efficient results
economically their goal is to stretch the limited funds for legal work by combining expertise.
Current service engagements are listed with the Cities of; Wasilla, Bettles, various and numerous
city governments, general counsel for Alaska Native Corporations and tribal governments.
Boyd, Chandler, Falconer & Munson, LLP
Mr. Brooks Chadler would serve as the attorney ultimately responsible for all Seward work.
Their team is more collaborative than hierarchical. Assignments are anticipated to come from or
through the City Manager as a single chair approach. They believe an appropriate fixed fee can
only be determined
Fixed monthly fee between $5,000 and $7,000, hourly rates would apply to services not included
in the scope of services, they do not bill for travel time and costs are billed at actual cost. Billing
rates are; Mr. Chandler and Munson $245, Mr. Cacciola $210, Mr. Severin $195, paralegal
$95/hr. They attend council meetings as needed rather than matter of course. All of their
municipal clients operate public utilities, Brooks serves as general counsel for Nuiqsut Utilities
Cooperative and Levelock Electric Cooperative. Current service engagements are listed with the
Cities of; Adak, Dillingham, Galena, Kodiak, Nome, Soldotna, Unalaska, Sand Point.
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Jermain, Dunnagan & Owens, P.C. (JDO Law)
Mr. Ryan Stuart would serve as the primary contact for Seward, he is new to the firm coming
from the Municipality of Anchorage where he has been the last two years. The firm has served
as bond counsel for the City of Seward, last transaction being in 2017. In addition to serving
municipalities and boroughs, they represent school districts throughout Alaska and represent all
major state financing agencies. On average, their attorneys attend five or more meetings a month
for councils or assembly. Cynthia Cartledge has served Seward on public finance matters
uninterrupted over decades and handled billions of public financings. Fixed monthly fee of
$5,000 for up to 25 hours, billing rates are; Shareholders/or Counsel $235, Associates $200,
Paralegals $120/hr. Their standard rates range from $275 to $350 per hour. City will not be
charged for computerized legal research access, telephone and fax charges. Other costs passed
on to City at actual cost, charged one-half (1/2) of the hourly rate for travel time. Attend one
meeting per month. Current service engagements are listed with the Cities of; Palmer, Homer,
numerous cities and boroughs, Alaska Finance Corporation, the Alaska Industrial Development
and Export Authority, the Alaska Energy Authority, and the Alaska Municipal Bond Bank
Authority.
CURRENT LEGAL AGREEMENT:
Birch Horton Bittner & Cherot, Inc.
Ms. Holly C. Wells is the Firm Attorney who is principally responsible for performing or
supervising City work. The firm has represented the City of Seward since December 14, 2015.
A Flat Fee agreement was entered into beginning January 1, 2020 for a one-year Interim contract
with the option to extend up to three additional years upon both parties agreement. Fixed
monthly fee of $6,700 for 33 hours which may be rolled over to the next month and applied to
that months cap, billing rates are; Shareholders, Members $225, Associates $205, Paralegals
$130/hr. --days.
2) One half-hour telephonic or in-person training session for all newly elected Council members.
3) One half-hour session annually for each Council member to discuss concerns, goals, and
priorities. 4) One in-person training on municipal governance per year for Council, Commission,
and Board members, not to exceed four hours. 5) Travel time and travel-related expenses arising
from attendance at 12 Council meetings. 6) Long distance telephone calls. 7) Photocopies
created at Firm offices. 8) Two one-hour sessions with Manager annually to discuss Firm
s for the City.
Directly from the RFP the following are the advertised procedures and Criteria:
7.2 Selection Procedures:
7.2.1 The City of Seward reserves the right to reject any or all proposals or parts thereof for
any reason to negotiate changes to proposal terms and to waive minor inconsistencies
with the RFP. The City of Seward reserves the right to select based on qualifications,
Request for Proposals requirements; and to negotiate a contract with the consultant.
7.2.2 Proposals in response to this RFP will be reviewed against the criteria listed in 4. SCOPE
OF SERVICES and award of the contract shall be made in accordance with standard
purchasing procedures.
7.2.3 The Seward City Council and Seward City Manager will review the proposals.
7.2.4 Respondents submitting the most responsive proposals may be invited to an interview
with the selection committee on or about February 24, 2020.
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7.2.5 The City may enter into a contract with the most responsible respondent whose proposal
is determined to be in the best interest of the City.
4. SCOPE OF SERVICES:
In accordance to Seward City Municipal Code, 2.20.040 - City attorney,
The position of city attorney is hereby established and the individual appointed by council shall
have the following duties:
(1) The city attorney shall advise the council and the city manager, and boards, commissions
and all offices and departments of the city, on all matters of law.
(2) The city attorney shall draft and assist in the drafting of all ordinances, resolutions,
contracts and agreements to be made or entered into by the city and approve the form of such
instruments.
(3) The city attorney shall prosecute violators of this code and other city ordinances and shall
represent the city in all actions of law.
(4) The city attorney shall perform the duties as set forth in the charter.
(5) The city attorney shall perform such other duties as may be required by the city manager
or the city council.
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BOYD, CHANDLER, FALCONER & MUNSON, LLP
ATTORNEYS ATLAW
SUITE302
911WESTEIGHTHAVENUE
ANCHORAGE,ALASKA99501
T ELEPHONE:(907)272-8401
F ACSIMILE:(907) 274-3698
bcf@bcfaklaw.com
January 28,2020
Scott Meszaros
City Manager
City of Seward
PO Box 167
Seward, AK99664
Re:RFP for Legal Services
Dear Mr.Meszaros:
We understand the City of Sewarddesires to contract for legalservices.We understand and
accept all terms and conditions and requirements contained in the RFPunless otherwise noted in our
proposaland have reviewed SCC 2.20.040and section 5.6 of the city charter.
Boyd, Chandler, Falconer & Munson, LLP (BCFM) would be pleased to serve as the city
attorney for the City of Seward. The details of our proposal, submitted in response to the Citys
Request for Proposals Legal Services are transmitted with this letter.As requested, (RFP Section
9.1.1), this letter includes a brief discussion of our background and experience.Welist clients for
whom BCFM serves as municipal attorneyin the body of our response.We encourage you to contact
any of our municipal clients, not just the three identified in the references section.
For thirty five years and counting BCFM has provided contract municipal attorney services
in multiple Alaskan cities.Municipal law is a focus of the firm.
Brooks W. Chandleris BCFMs contact person for the Citys RFP. You may reach Brooksat
bchandler@bcfaklaw.comor by phone at (907) 272-8401.
Our firm has the proven ability to provide Alaska municipalities high-quality, cost-effective
legal services. We would welcome the opportunity to be of service to the people of Seward.
Very truly yours,
BOYD, CHANDLER, FALCONER &
MUNSON, LLP
BY:___s/Brooks W. Chandler________
Brooks W. Chandler
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9.1.2P ROJECT U NDERSTANDING
We have reviewed the Citys RFP, Section 5.6 ofthe city charterand Seward City Code, 2.20.040
and understand the city attorneys dutiesas set forth by Sewards charter and code.Having served as
the municipal attorney for numerous communities throughout the state over the past 35 years, we
thoroughly understand the city attorneysroleand the work involved, including advisingthe council,
manager, clerk, and department heads on a wide range of legal questions as well as representing the
City in administrative and legal proceedingsand preparing ordinances.
We understand that the term of the contract is subject to negotiation (RFP Section 5.2)andanticipate
a three-year contractwith the possibility of annual extensions(RFP Section 7.1).We understandthe
City is interested in fixed-fee options. We also understand that the Citys current attorneys attend
council meetings on a regular basisand can maintain this practice ifthe City desires.
We understand that, fundamentally, the City of Seward seeks attorneys who work efficiently and
effectively with City officers and employees to provide succinct advice and high-quality
representation in a cost-effective manner.We see our role as helping make local government work by
assisting elected officials and city staff in reaching the goals they have set for the people of Seward.
9.1.3E XPERIENCE
Municipal law has been one of BCFMs chief practice areas since the firm was founded in 1985.
Many of the firms municipal clients have been with us for decades.We outline our experience
below, starting with experience in specific areas of municipal practice, followed by a list of
municipalities where we currently serve as the municipal attorney and, finally, a list of recent
municipal cases we have litigated.
A.Areas of Municipal Practice
Attendance at Council/Assembly Meetings
Most of our municipal clients request our attendance at council meetings as needed rather than as a
matter of course. We average several council or assembly meetings per month, most often
telephonically owing to the distance to the communities we represent.
Ordinance and Resolution Drafting
In the past severalyears, we have drafted a variety of sales tax ordinances to impose sales tax
collection responsibilities on internet sellers following the U.S. Supreme Courts decision in Wayfair
and advised on sign codes in light of the Courts decision in Reed v. Town of Gilbert.We prepared
numerous lien ordinances following the legislatures 2017 authorization of non-consensual municipal
liens. We recently assisted in a comprehensive re-write of an animal control title. We have prepared
comprehensive revisions to port and harbor ordinances and tariffs for Nome and Unalaska. We have
prepared extensive revisions to the municipal codes of Soldotna, the Haines Borough, Kodiak,
Unalaska, and Sand Point to update minor offense ordinances and bring them into compliance with
revised court rules. We have reviewed and revised the zoning codes for Nome and Unalaska. We
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reviewed or prepared updated building code ordinances for Nome and Soldotna. We prepared
revisionsto the sales tax ordinances for Adak, Unalaska, Sand Point, Nome, and Dillingham.
Ordinance Enforcement
Much of our ordinance enforcement work over the past severalyears has been in three areas: tax
collection (property tax and sales tax), nuisance ordinance enforcement (derelict buildings and
vessels), and planning and zoning enforcement. We also advise our clients on a regular basis in their
efforts to enforce permit requirements without lawsuits or formal enforcement actions.
Zoning and Land Use Regulation
Over the past five years, we have rewrittenland use codes for Nome and Unalaska. We have drafted
ordinances revising existing land use codes for Dillingham and Soldotna. We have advised Soldotna,
Seward,Unalaska, Haines Borough, and Nome on conditional use permit and zoning code
enforcement matters. Recent examples include counseling Unalaska on an appeal of a planning
commission decision on a conditional use permit for a cell phone tower, and advising the Haines
Borough on a conditional use permit for a heliport.Mr. Severin recently prevailed in the Alaska
Supreme Court in Corkery v. Municipality of Anchorage, 426 P.3d 1078 (Alaska 2018) (upholding
municipalitys denial of variance, rejecting homeownersarguments about the municipalitys
interpretation of its code).
Public Employee Labor Law
We regularly adviseon discipline and discharge matters. We advise on interpretation and application
of city personnel codes and policies, union contract provisions, and FLSA overtime issues. With few
exceptions, these are confidential personnel matters so we cannot be more specific. A significant
portion of our work in this area is preventativehelping management avoid litigation by following a
deliberate process in the midst of difficult situations. We have successfully defended municipal
clients in multiple claims alleging employment discrimination based on gender, national origin,
and/or disability submitted to the Alaska Human Rights Commission or the U.S.Equal Employment
Opportunity Commission.These claims were all dismissed before proceeding to a commission
hearing,so are generally not matters of public record. We have also advised clients on employee
grievances based on the Americans with Disabilities Act. None of the employment matters where we
have advised have resulted in a determination of municipal liability, which is consistent with our
primary goal of avoiding employment-related litigation by ensuring that affected employees are
treated fairly and provided with ample due process.BCFMrepresents both unionized and non-
unionized public employers. In 2019, we participated extensively in collective bargaining sessions on
behalf of Unalaska, Soldotna, and Dillingham.
Municipal Sales and Property Tax Law
BCFM regularly prepares sales tax revisions and has prepared alcohol tax, tobacco tax, fish tax, and
seasonal sales tax ordinances. BCFM also regularly assists clients in property tax collection efforts
through general foreclosure proceedings and by advising municipal boards of equalization on
exemption or valuation. We recently prevailed defending Dillingham in the case of Vitus Energy,
LLC v. City of Dillingham, No. 3DI-18-00087 CI, where Vitus appealed a BOE tax assessment
arguing that it did not have a taxable property interest.Specific sales tax exemption issues we have
advised on include sales for resale, taxation of fuel sales for fuel deliveries outside municipal
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boundaries, taxation of sales of utility services (telephone, landfill, water and sewer), taxation of
wharfage and dockage charges, application of municipal sales tax to sales made over the internet,
casual and isolated sales, banking services, and taxation of harbor and tug services.
Municipal Procurement and Contract Law
BCFM regularly prepares or reviews public construction contracts. These range from brief review
and commenting on every-day contracting for services such as mobile communications to multi-
million dollar construction contracts, including dock and causeway construction (including new
small boat harbor facilities in Nome, Haines Borough, Sand Point and Unalaska), alternative energy
projects (wind, biomass, geothermal), landfill, water and sewer (including a new wastewater
treatment plant in Unalaska and sewer line replacement in Nome), library and museum projects, and
road construction or repaving. Types of contracts have included both architectural and engineering
contracts, agreements between a city or borough and ageneral contractor, and design-build contracts.
Recent examples include the contract and bid documents for Nomes Richard Foster Building (a
$19M combined museum, library and cultural center), and a general review and update of the
standard construction contract form used by Soldotna. We have a preferred standard set of contract
documents developed over decades of experience designed specifically for municipal construction
projects but also frequently review a communitys existing set of construction contract documents
supplied by design professionals.
We assist with RFPs and advise on bid protests or bidder error issues. Within the last five years, we
have advised Dillingham on a protest arising from an RFP for engineering services, Galena on a
protest related to a bulk fuel procurement, and Haines on a protest arising from an RFP on a major
construction contract to upgrade the boroughs small boat harbor.
Laws Related to Police, Fire, Emergency Medical Operations
We have reviewed major revisions to the police policy and procedures manuals for multiple clients.
Typically police liability claims are referred to insurance defense counsel by themunicipalitys
police liability insurer. However, we recently successfully defended the Haines Borough in the case
of Lari v. Haines Borough, Case No. 1JU-17-00507 CI, a policemisconduct case. We are regularly
involved in administrative investigations of citizen complaints against a police department, either
helping conduct the investigation or advising clients regarding initial responses to citizen complaints.
Due to confidentiality issues we cannot provide specific examples. On occasion, we are asked for
advice on organizational documents (bylaws, member rules) of volunteer fire and EMS departments,
as well as specialized compensation/volunteer issues that arise in such organizations. We routinely
advise on the application of HIPAA and other privacy laws in these contexts as well. In 2019, we
workedclosely with Nomes council, manager, police chief, and interested stakeholders to develop a
citizen public safetyoversight committee in response to public demand.
Acquisition and Disposition of Public Property
Within the last severalyears, BCFM has helped Nome 1) acquire property for a new museum and
library through negotiated sale, and 2) lease space within the museum to a regional nonprofit for use
as a cultural center. We advisedSoldotna in the negotiatedpurchase of property fora library
addition, and helped Unalaska acquire property and road easements needed for construction of the
Carl Moses small boat harbor. BCFM has extensive experience in negotiated andcompetitively bid
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disposals of municipal property. The largest recent disposals wereNomes sale of a city-owned child
care facility for more than $1,000,000, and Dillinghams sale of tax-foreclosed property for more
than $400,000. Our clients frequently negotiate purchases, sales or leases (either as landlords or
tenants) with state or federal governmental entities.We advised Galena in the acquisition of land use
rights required to construct a levee on the Yukon River. We regularly advise Kodiak and Unalaska in
various bare-ground leases, particularly fortelecommunicationsequipment sites.
Election Law
We frequently advise on election issues. We have advised or represented municipal clients in matters
pertaining to election challenges based on voter eligibility, vote counting, candidate and poll worker
conduct, and candidate eligibility, as well as initiative ordinance and recall efforts. We have advised
extensively on issues related to the counting of write-in votes and various related issues, such as use
of stickers for voting. We regard election law matters as the most significant work we accomplish on
behalf of our municipal clients.
Eminent Domain/Condemnation
We have an active practice in condemnation law. We have servedas special counsel to the MatSu
Borough on condemnation matters in connection with borough road projects and the Port McKenzie
rail extension. We also represented the City of Kenai as special counsel in acondemnation issue of
first impression in Alaska related to ownership of natural gas storage rights.
Environmental Law
Many municipal projects involve extensive permitting processes. We provide advice as needed
regardingNEPA, endangered species, historical preservation, and Clean Water Act permitting issues.
In 2010, we recovered $1.9 millionin PCB cleanup costs incurred by Unalaska, from the United
States, in a settlement reached in federal court litigation. More recently, we defended Unalaska from
a Clean Water Act enforcement proceeding in federal court negotiating a settlement that substantially
reduced the penalties assessed against the city.
Minor Offense and Criminal Prosecution
We prosecute minor offenses and criminal offenses as requested. Thiswork is a relatively small part
of ourmunicipal practice. Minor offenses are more often prosecuted by our clients law enforcement
officers with our support provided as needed, but we have been asked to handle more of these
matters as the statesbudgetinghas affectedlaw enforcement and prosecution at the state level.
Municipal Boundaries
BCFMrepresented Dillingham in multiple annexation matters before the Local Boundary
Commission and superior court. We haveadvised on borough-city consolidation issues and are
currently assisting Soldotna with an annexation petition that is in the preliminary public hearing
stage.
Open Meetings Act
We regularly provide advice on Open Meetings Act issues. No BCFM client has been sued for an
alleged Open Meetings Act violation. We regularly provide advice on conflict of interest issues.
These most frequently involve application of an ordinance unique to each client.
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Ports and Harbors
With fewer than 5,000 residents, Unalaska lands more tons of fish than any port in the U.S. With
release of the Army Corpsfinal port feasibility study and environmental assessment in December
2019, Nome is on its way to becoming the nations first deep-water port in the Bering Sea. BCFM
has advised Unalaska and Nome on all aspects of major port developments for decades. For the Carl
Moses Boat Harbora new harbor built from scratchwe provided legal assistance in financing,
land acquisition, ACOE permitting, and construction contracting. More recently we assisted with an
expansion of the Unalaska Marine Centera facility serving deep-draft, oceangoing cargo and
commercial fishing vessels. We guidedNome through two major port renovations that completely
reconfigured the port to eliminate the historical practice (and added expense to residents) of
transferring cargo from oceangoing barges to smaller barges for offloading on shore. We also provide
legal advice on operational issues including negotiation of preferential use agreements and terminal
operating agreements with major port users, drafting and reviewing tariffs, insurance coverage issues
regarding property and equipment damage, and removal of derelict vessels. In the previous two
years, we have advised on the removal and disposal of the F/V Akutan for Unalaska, the F/V Wild
Alaskan for Kodiak, and three different vessels for Adak.
Public Records Law
Public records requests and responses are a regular issue where weadviseprimarily municipal clerks
at the initial response stage. Over the 35 years during which BCFM has advised on this topic, not a
single client has been sued over a public records act issue. We have advised clientsregarding
whether certain requested records should be made available, including electronic records,
procurement records, personnel records, email, and manager applications. We also counsel clients
about the circumstances (timing), at whose cost, and whether portions of requested records should be
redacted for privilege (e.g., attorney-client, law enforcement, privacy, deliberative process).
Public Utilities
All of our municipal clients operate public utilities. We have prepared or revised utility tariffs,and
have also provided advice as needed on permitting issues associated with public water and power
plant issues, including Clean Air Act permits for electric utilities and National Pollutant Discharge
Elimination permits for waste water facilities. Our NPDES work for Unalaska has allowed the city to
avoid being required to construct and operate secondary treatment facilities at significant savings to
local ratepayers. The firm has also advised public utilities in contract negotiations for alternative
energy projects including geothermal, biomass and wind power projects.
B.Current EngagementsasMunicipal Attorney
City of Adakgeneral municipal attorney services since 2008.
Contact: Layton Lockett, City Manager,(907) 592-4500
City of Dillinghamgeneral municipal attorney services since 1991.
Contact: Tod Larson, City Manager, (907) 842-5148
City of Galenageneral municipal attorney services since 1992.
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Contact: Shanda Huntington, City Manager(907)656-1301
Haines Boroughgeneral municipal attorney services since 2010.
Contact: Debra Schnabel, Borough Manager, (907) 766-6404
City of Kodiakgeneral municipal attorney services since 2017.
Contact: Mike Tvenge, City Manager, (907) 486-8640
City of Nomegeneral municipal attorney services since 1985.
Contact: Glenn SteckmanCity Manager,(907)443-6663
City of Sand Pointgeneral municipal attorney services since 2002.
Contact: Jordan Keeler, City Administrator, (907) 274-7561
City of Soldotnageneral municipal attorney services since 1996.
Contact: Stephanie Queen, City Manager(907) 714-1240
City of Unalaskageneral municipal attorney services since 1992.
Contact: Erin Reinders, City Manager(907) 581-1602
C.Recent Municipal Cases
BCFM regularly representsmunicipalities in litigation. The following area fewof thecases that
resolved within the previous five years.
Big Salmon Ventures, LLC v. Haines Borough, 1JU-15-0992 CI: Mr. Chandler successfully
defended the boroughs denial of a conditional use permit in this appeal to the superior court. Mr.
Chandler also obtained an award of the boroughs costs and partial attorney fees incurred.
Dominion Pipe & Piling v. Pacific Pile & Marine and City of Kodiak, Western D. Wash No.
2:16-cv-01699-JCC: Mr. Chandler defended the city, and its contractor under an indemnity
agreement, in a dock construction case; the matter settled prior to trial.
City of Galena v. Burgett, 4GA-17-00003 CI: Upon notice that the court intended to grant
summary judgment to the city, the taxpayer sought settlement with the city in this sales tax collection
case. Mr. Cacciola represented the city.
Karen Evich, Inc. v. City of Adak, No. 15-36002, Ninth Cir.: After the city prevailed in full on
summary judgment, an attorney fee award in favor of the city was appealed to the Ninth Circuit. The
parties settled with the city receiving a high percentage of the original attorney fee amount awarded.
Mr. Cacciola defended Adak in the U.S. District Court and beforethe Ninth Circuit.
Kopp v. City of Galena, 4GA-16-0026 CI: Appeal of the city clerks determination that a
recall petition was legally sufficient. Upon the city filing a motion to dismiss, Kopp agreed to
dismiss.
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City of Soldotna v. Calderon: In this nuisance abatement matter, Mr. Chandler obtained
summary judgment to enter and abate the nuisance structure and obtained a large money judgment.
Mr. Cacciola obtained full satisfaction of the judgment for the city from USDA.
Vitus Energy, LLC v.City of Dillingham, No. 3DI-18-00087 CI: Vitus appealed a board of
equalization tax assessment arguing the property was exempt. The court affirmed the BOEs
assessment. Mr. Chandler and Mr. Cacciola defended the city.
Watterson/Vision v. Kodiak Island Borough, 3AN-16-07996CI: Complex construction case
involving millions of dollars in disputed claims for additional compensation by prime and
subcontractors on a high school construction project. Mr. Munsonnegotiated a favorable settlement
agreement prior to trial.
Bingman v. City of Dillingham, 376 P.3d 1245 (Alaska 2016):BCFM represented the city in
multiple property and sales tax enforcement/collection cases against a prominent tax protestor in
Dillingham foreclosure. City prevailed in all matters, obtained an award to be reimbursed for all
attorneys fees, and successfully foreclosed on and negotiated sale of properties for use as low income
and teacher housing.
9.1.4S TAFF P LAN
BCFM is a small firm with a big focus on municipal law. We providesummaries of the relevant
experience of the attorneys engaged in municipal practice who would work on City of Seward
matters. For an explanation of how the firm allocates and manages work, please see the following
section, Management Plan.
Brooks Chandler
Mr. Chandler is one of the most experienced municipal attorneys in the State of Alaska. Heis a 1983
graduate of the Georgetown University Law Center. He has been practicing municipal law in Alaska
since receiving his law license.His practice covers the entire range of municipal law issues. In his
most recently completed court case, St. Paul Fuel, LLC v. City of Unalaska, Case No. 3UN-18-0032
CI, he successfully defended the City of Unalaska in an appeal brought following denial of a request
for a sales tax refund. In addition to representation of municipally-owned electric, sewer and solid
waste utilities, Mr. Chandler also serves as general counsel for Nuiqsut Utilities Cooperative and
Levelock Electric Cooperative.
Mr. Chandleroften provides training to municipal officials and employees through AML associate
organizations and on-site in areas such as due process concerns for planning and zoning
commissioners,personnel law, and the Open Meetings Act.
Charles A. Cacciola
Mr. Cacciola is a graduate of the University of Michigan Law School. He joined the firm in 2013 and
is admitted to practice before the U.S. District Court for Alaska and the Ninth Circuit Court of
Appeals. He regularly prepares ordinances and was at the forefront of municipal regulation of
commercial marijuana. He successfully defended the City of Adak in Karen Evich, Inc. v. Adak, Case
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No. 3:13-CV-00168 TMB, from an admiralty claimantseekingdamagesresulting from afishing
vessel alliding with a fixedobject while leaving the citys small boat harbor, ultimately prevailing on
summary judgment and securing a substantial attorney fee award in favor of Adak. Mr. Cacciola is
the primary attorney for the City of Galena, which he has advised on finance and construction of
utility and public works projects, tax collection, administrative hearings, and election matters. He is
the primary BCFM attorney providing services to the Southwest Alaska Municipal Conference. Mr.
Cacciola regularly works on sales tax enforcementand real property leasing and disposal. He has
become the firms resource for dealing with derelict and abandoned vessels, including the locally
infamous F/V Wild Alaskan.
Patrick W. Munson
Mr. Munson graduated from Vermont Law School and has practiced in Alaska since 2010. He
handles the majority of labor and employment matters encountered by the firms private and public
clients. He has extensive experience advising and representing public clients on discrimination
claims, disciplinary matters and grievances, and during collective bargaining. He has represented
Sand Point, Unalaska, and Kodiak before the State of Alaska Human Rights Commission. He has
also handled general municipal law issues for all the firms clients throughout his career. In 2014, he
obtained a judgment at trial for more than $400,000 for the City of Dillingham in the case of
Dillingham v. Bingman, Case No. 3DI-12-00132 CI, which was upheld on appeal to the Alaska
Supreme Court. He has assisted the Port of Nome in completing substantial revisions to the port
tariff and has drafted substantial rewrites of municipal code provisions to establish minor offense
regimes for Soldotna, Unalaska, Sand Point, Larsen Bay, and the Haines Borough.
Sam Severin
Mr. Severin is a graduate of the University of Wyoming College of Law and has been practicing law
in Alaska since 2005. Prior to joining BCFM in June of 2019, he worked in the Anchorage Municipal
Attorneys Office, representing and advising a variety of departments, including Police, Fire, and
Development Services. He routinely appeared in court, representing the MOAin personalinjury
cases, administrative appeals, collections, seeking injunctions, and anything else big or small. A
unique area of his practice was litigating and advising the Anchorage Police Department in criminal
cases to maintain privacy rights of the officer-witnesses or the department. This included working
extensively with the State of Alaska to develop a protocol for handling of Bradyand Gigliomaterial
that is now used statewide. Mr. Severin was part of a task force to deal with derelict or nuisance
residential and commercial properties, utilizing enforcement tools, litigation, or negotiation to deal
with dangerous or unsightly buildings such as the Northern Lights Hotel. Mr. Severin worked
extensively on risk and liability mitigation on trails built by private entities on park land.
9.1.5M ANAGEMENT P LAN
Mr. Chandler would serve as the attorney ultimately responsible for all Seward work. Messrs.
Cacciola, Munson, and Severin would perform significant Seward work, often workingdirectly with
City officials.Ourteam is more collaborative than hierarchical, with each attorney available as
needed toensure that all work is completed promptly and by the attorney best suited to handle a
particular assignment or question. BCFM uses this approach toprovideservices to the firms
municipal clients, enabling usto provide prompt and consistent services more efficiently.And we
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like time away from the officeas much as anyone out team approachensures that there is always
an available attorney who is familiar with the work being done for the City. We strongly believe that
our approach to work and staff management has served us and our clients well. We encourage you to
contact any of our municipal clients and ask about the level of service provided.
Requests for service would initially be directed to Mr. Chandler.Assignments are anticipated to
come from the city manager, or from a department head as previously authorized by the city
manager. Acknowledgment of the assignment would occur by phone or email and includesthe
specific attorney assigned to accomplish the work. Mr. Chandlerwould use his judgment in assigning
specific tasks, taking into account the supporting attorneysdirectexperience in similar matters,
immediate availability, andfamiliarity with the Citys approach to such matters.
In litigation, whether two lawyers would be assigned to the matter would depend on the complexity
and amount of money involved. BCFMattempts to use a single chairapproach to most litigation.
When a BCFMpartner is trial counsel, associate attorneys support them with legal research,
discovery and motion work.
We also use legal assistant Linda Rasmussen as needed. Ms. Rasmussen has worked for BCFM since
1997.Ms. Rasmussenisof great assistance in collection matters. We do not charge for hertime for
frequent and routine matters. When special projects merit charging for her time, it is billed at $95 per
hour.
We prepare annual reportsfor municipal clientsas public records. These allow the council and public
to understandhow the legal budget is spent.
9.1.6L IST OF R EFERENCES
Ms. Stephanie Queen
City Manager
City of Soldota
(907)714-1240
Stephanie Queen was appointed City Manager of the City of Soldotna in 2018, after serving ten years
as the director of the planning and economic development department. BCFM has worked with Ms.
Queen throughout her tenure in both roles.
Ms. Josephine Bahnke
Deputy City Manager
City of Kodiak
(907) 486-8640
Ms. Bahnke was the city manager of Nome, where she worked for over five years with BCFM prior
tobefore accepting the role of Director of Alaskas Division of Elections. Ms. Bahnke has a unique
distinction vis-à-vis BCFM: BCFM recently represented a party in a disputed election challenge
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brought againstMs. Bahnke in her capacity as Director of Elections, after which she resumed
working closely with BCFM as Kodiaks deputy city manager.
Mr. Chris Hladick
Regional Administrator for Pacific Northwest and Alaska Region
Environmental Protection Agency
(206) 553-1234
Mr. Hladick worked with BCFM during his 14-year service as Unalaskas city manager, after serving
as the manager of Dillingham and Galena, during which time he also worked with BCFM. No longer
as a client representative, we continued to work with him when he served as the Commissioner of the
Department of Commerce, Community and Economic Development.
Additional references are available upon request. We encourage you to contact anyBCFM municipal
client, past or present.
9.1.7S ERVICE P LAN
We understand that municipalities can benefit from fixed fee legal services agreements given the
predictability and socity officials are not disincentivized from picking upthe phone to solicit advice
before taking action.On the other hand, we believe an appropriate fixed fee can only be determined
together with the City and with a thorough understanding of the Citys needs.
We propose to provide the Citys general city attorney services for a fixed monthly fee between
$5,000 and $7,000. The precise amount would be determined after discussion with the city manager
and council regarding the Citys specific needs and expectations. Considerations include the
frequency with which we would attend meetings in Seward and a shared understanding of what
constitutes general city attorney services. The initial term of any fixed fee contract would be limited
to one year to allow both Seward and BCFM to determine if the arrangement is acceptable. The
contract would include a minimum and maximum number of hours included intended to fairly share
the risks of underestimating or overestimating the need for legal services.
Our 2020 hourly billing rates are:
$245-Mr. Chandler
$210-Mr. Cacciola
$245-Mr. Munson
$195-Mr. Severin
$95-paralegal services
Hourly rates would apply to legal services not included in the scope of fixed fee work. We do not
provide bond counsel services. We do assist clients in retaining bond counsel.We do not bill for
travel time unless performing productive work for the client while traveling, in which case only the
time spent working is billed. Travel costs are billedat actual cost without markup.
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We have included a sample contractfor the Citys consideration. We do not require this contract if
the City has a preferred form contract for legal services.
9.1.8S ERVICES E XPECTED OF THE C ITY
BCFM expects that on occasions when an attorney is in Sewardon city business the City will
provide a work place and internet access plus use of a printer and copier as needed. BCFM will also
expect typical client support in locating and providing city records relevant to work assignments.
9.1.9F EE P ROPOSAL
As our fee proposal is intertwined with the proposed service plan, please see that information above
as well as our sample legal services contract.
9.2R EQUIRED F ORMS TO BE S UBMITTED WITH P ROPOSAL
The following documents are submitted with this proposal:
Fair Employment Practice Qualifications for Bidders
Non-collusive Affidavit
Alaska Business License
W-9
10.G ENERAL R EQUIREMENTS AND C ONDITIONS
10.1I NSURANCE I NDEMNIFICATION
If selected, BCFM can furnish required certificates of insurance prior to execution of a legal services
contract.
10.2C ONDITIONS
1.BCFM has the personnel and resources sufficientto assure task continuity.
2.BCFM does NOT agree that all persons hired by it must have prior written approval of the
City of Seward.BCFM agrees that it will not have any person perform any work on behalf of
the City of Seward without written approval of the City of Seward.
3.BCFM agreesthat the resultant contract may be terminated in the event of non-appropriation
of funds.
4.BCFM agreesto accept and follow management direction from the City and specifically, the
Citys designated personnel to the extent it may do so within the confines of the Alaska Rules
of Professional Conduct.
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5.BCFM agreesto conform to all applicable laws and ordinances and statutes of the Federal
Government, State of Alaska and City of Seward, including but not limited to the following:
Civil Rights Act of 1964, as amended,
Civil Rights Act of 1991, as amended, and
The Municipal Code of the City of Seward.
6.BCFM agreesthat if the City cannot in good faith negotiate a written contract within a
reasonable time, the City may unilaterally cancel its selection of BCFM.
7.BCFM agreesthat periodic payments to itwill be made as agreed upon in the signed contract
with the City.
8.BCFM agreesthat the contract between the City and BCFM shall be governed by and
construed in accordance with the laws of the State of Alaska and the ordinances of the City of
Seward.We note that as afee agreement for legal services, the Alaska Bar Rules also provide
the City with important rights in connection with the contract.
11.E QUAL O PPORTUNITY E MPLOYER
The Fair Employment Practice Qualifications for Bidders has been completedin its entirety and
returned to the City with this response, together with all necessary attachments and an authorized
original signature affixed.
12.T AX S TATUS
BCFM is not delinquent in any tax obligation to the City of Seward (or to any other taxing
jurisdiction).
13.T AXPAYERS I DENTIFICATION N UMBER
Acompleted Form W-9 indicating BCFMs Taxpayer Identification Number is included with this
response.
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BCFML EGAL S ERVICES P ROPOSAL:S UPPORTING D OCUMENTS
Copies of the following documents are submitted
Legal Services:
1.Fair Employment Practice Qualifications for Bidders
2.BCFM Equal Employment Opportunity/Affirmative Action Policy
3.Non-Collusive Affidavit
4.Alaska Business License
5.Completed W-9
6.Sample Contract
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Equal Employment Opportunity/Affirmative Action Policy
Boyd, Chandler, Falconer & Munson LLP provides equal employment opportunities to all employees
and applicants for employment without regard to race, color, religion, age, sex, national origin,
disability status, genetics, protected veteran status, sexual orientation, gender identity or expression,
or any other characteristic protected by federal, state or local laws and prohibits discrimination and
harassment based on any such protected characteristic.
This policy applies to all terms and conditions of employment, including recruiting, hiring,
placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and
training.
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L EGAL S ERVICES A GREEMENT
This agreement for legal services(Contract) is made this ______ day ofFebruary, 2020, by
and between the City of Seward,PO Box 167,Seward Alaska 99664),and Boyd, Chandler,
th
Falconer & Munson,LLP, an Alaska limited lability partnership, of 911 W. 8Avenue, Suite 302,
Anchorage, AK 99501(City AttorneyorBCF).
In consideration of the mutual promises herein, the parties agree as follows:
1.Scope of Services.The City Attorney is expected to provide the City with general
counsel legal services to include the following:
a.Serve as the legal advisor of and be responsible to the City Counciland City
Manager, advise the City Manager and City Clerk concerning matters affecting the CityAdministration
and perform other legal dutiesprescribed by the City Council and City Manager.
b.Prepare or review legal documents including but not limited to ordinances,
resolutions, contracts, conveyances, leases, easements, and legal opinions as needed.
c.Be readily available for consultation by the City Council, City Manager, or City
Clerk.
d.Provide representation inthe Courts of jurisdiction and/or manage the activities
of other attorneys who may represent the City in those Courts.
e.Assist the City Manager in negotiations on the Citys behalf.
f.At the request of the City Manager, or by action of the City Council, draft
opinion letters regarding, among other things, the interpretation of the Citys Code and policies, state
and federal laws, and case law.
g.Perform other such duties as may be prescribed for the City Attorney by
ordinance or by direction of the City Council and/or City Manager.
h.Work effectively withthe City Council, City Manager, City Clerk and with all
other public agencies and other entities with which the City has a legal relationship.
2.Term. The term of the professional services contract shall be threeyears. A longer term
may be negotiated bythe parties after the initial three years.The contract may be terminated at the
convenience of the City at any time with or without cause.
3.Access to Municipal Personnel. The City Manager shall secure the cooperation of the
City personnel as necessary to assist the City Attorneys performance hereunder.
4.Contract Administrator. The City Manager shall administer the contract on behalf of
the City.
5.Compensation.
a.Fixed Fee.The City Attorneysprovide general legal services for the monthly
sum of $__________. General legal services does not include services related to litigation, employee
grievances, administrative appeals or representation before other adjudicative bodies.
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b.Hourly. The hourly rates forservices outside of fixed feeservices are:
$245-Mr. Chandler
$210-Mr. Cacciola
$245-Mr. Munson
$195-Mr. Severin
$95-paralegal services
c.The attorneysfee schedule is to remain fixed for the first year of the contract.
After the first year of the contract, the fee schedule may be re-negotiated. The City Attorneywill not
charge for travel time by attorneys performing work for the City except when the attorney is performing
work for theCity while en route.
d.Costs. The City Attorneyshall 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.
6.Paymentand Reporting.
a.The City Attorneyshall submit itemized monthly for payment of all fees and
costs for which the City Attorneyseeks reimbursement under Paragraph 5. Costs shall be itemized and
described separately on each monthly invoice.
b.Upon approved billing, payment will be remitted to the City Attorneywithin
thirty days.
7.Termination of the City Attorneys Services.The City Attorneysservices may be
terminated:
a.for convenience by the City Council;
b.By mutual consent of the parties; or
c.For cause, by either party where the other party fails in any material way to
perform its obligations under this Contract. Termination under this subsection is subject to the condition
that the terminating party notify the other party of its intent to terminate, stating with reasonable
specificity thegrounds therefor, and the other party fails to commence to cure thedefault within fifteen
days after receiving noticeand diligently work to cure the default within thirty days after receiving
notice.
8.Duties Upon Termination.Ifthe City Attorneys services are terminated, the City
Attorneywill be paid for services performed upto the date of termination.
9.Case Management. Execution of the contract by the City shall act as full authority for
the City Attorneyto proceed with representation of the City as provided herein.The City will have
complete and total access to all material, information, and files worked on by the City Attorneypursuant
to this Contract.
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10.Assignments.City Attorneyshall not assign this Contract, or any interest in this
Contract without consent of the City.
11.Confidentiality.The City Attorneyagrees to discuss matters and reveal documents
relating to this Contract only with the City Council, City Manager, City Manager, City Clerk, or any
other person authorized by the aforementioned, and as required by court order, city ordinance or Alaska
law.
12.Notices. Any notice required pertaining to the subject matter of this Contract shall be
either personally delivered, faxed, or mailed by prepaid first class registered or certified mail, return
receipt requested, to the following addresses:
City:City of Seward
Attn: Scott Meszaros, City Manager
PO Box 167
Seward, AK 99664
Fax:(907) 224-4038
City Attorney:Boyd, Chandler, Falconer& Munson, LLP
Attn: Brooks W. Chandler
th
911 W. 8Avenue, Suite 302
Anchorage, AK 99501
Fax: (907) 274-3698
13.Conflicts of Interest.The City Attorneymay not represent or assist private or public
clients in connection with other claims, litigation, or other legal matters where such representation
would constitute or appear to constitute a conflict of interest. In particular, the City Attorneyshall
comply with all relevant provisions of the Alaska Bar Rules and the Alaska Rules of Professional
Conduct concerning the prohibition of conflicts of interest among clients. The City Attorneyshall not
accept any employment and shall not render any professional services to other parties if such action
might be inconsistent with the above-referenced standards unless the prior approval of the City Council
has been first obtained.
14.Relationshipof Parties.The City Attorneyshall perform its obligations hereunder as an
independent City Attorneyof the City. The City may administer the contract and monitor the City
Attorneys compliance with its obligations hereunder.
15.Nondiscrimination.The City Attorneywill not discriminate against any employee or
applicant for employment because of race, color, religion, national origin, ancestry, age, sex, or marital
status or mental or physical disability. The City Attorneywill take affirmative action to ensure that
applicants are employed and that employees are treated during employment without regard to their race,
color, religion, or mental or physical disability. Such action shall include, without limitation,
employment, upgrading, demotion, or transfer, recruitment or recruiting advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training including
apprenticeship. The City Attorneyagrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
16.Permits, Laws, and Taxes.The City Attorneyshall acquire and maintain in good
standing all permits, licenses, and other entitlements necessary to its performance under this Contract.
All actions taken by the City Attorneyunder this Contract shall comply with all applicable laws to
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include, without limitation, statutes, ordinances, rules, and regulations.
17.Nonwaiver.The failure of either party at any time to enforce a provision of this
Contract shall in no way constitute a waiver of the provision, nor in any way affect the validity of this
Contract or any part thereof, or the right of such party thereafter to enforce each and every provision
hereof.
18.Amendment.This Contract may be amended, modified, or changed only in writing
executed by the City Manager and an authorized representative ofthe City Attorney.
19.Governing Law. The laws of the State of Alaska shall govern the rights and obligations
of the parties under this Contract.
20.Severability. Any provision of this Contractdecreed invalid by a court of competent
jurisdiction shall not invalidate the remaining provisions of the Contract.
21.Integration.This instrument embodies the entire contractof the parties. There are no
promises, terms, conditions, or obligations other than those contained herein. This Contract shall
supersede all previous communications, representations, or contracts, either oral or written, between the
parties hereto.
22.Insurance.Boyd, Chandler,Falconer& Munson, LLP, at its expenseshall provide and
maintain professional errors and omissions insurance with a minimum $2,000,000 policy limit.
23.Inspection and Retention of Records.The City Attorneyshall at any time during
normal business hours and as often as the City Manager or Council may deem necessary, make available
to the City for examination all records with respect to all matters covered by this Contract for a period
ending threeyears after the date the City Attorneyis to complete performance of this Contract.If City
does not request delivery of the file for this matter before the end of the three year period, BCFMwill
have no further obligation to retain the file and may, at our discretion, destroy it without further notice to
City.Upon request, and within a reasonable time, the City Attorneyshall submit such other information
and reports relating to its activities under this Contract to the City in such a form and at such times as
the Council may reasonably require. The City Attorneyshall permit the Council or their designee to
audit, examine, and make copies of such records, and to make audits of all research, materials,
pleadings, records of personnel, and other datarelating to all matters covered by this Contract. The City
may,at its option, permit the City Attorneyto submit its records to the City in lieu of the retention
requirements of this section.
24.At the sole option of City, all disputes concerning fees charged for professional services
or costs incurred by BCFMare subject to arbitration under Alaska Bar Rule 34 except for:
a.disputes where the City seeks affirmative relief against the attorney for damages
based upon alleged malpractice or professional misconduct; or
b.dispute over fees which were charged more thansix years earlier, unless BCFM
or City could maintain a civil action over the disputed amount.
c.disputes where the fee to be paid by City or on Citys behalf has been
determined pursuant to State statute or by acourt rule, order or decision.
25.City has been advised that if services performed pursuant to this Contract involve
litigation City may become liable for certain costs, fees and expenses incurred by other parties if City is
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not the prevailing party in the litigation.Such costs, fees, and expenses may include, but are not
necessarily limited to, those identified in Alaska Civil Rules 79 and 82.
26.Availability of Funds.This Contract is subject to the availability of funds lawfully
appropriated for its performance.
IN WITNESS WHEREOF, the parties have executed this Contract.
CITY OF SEWARD
By:______________________________
Dated:Scott Meszaros, City Manager
ATTEST:
____________________________
Brenda Ballou, MMC, City Clerk
BOYD, CHANDLER, FALCONER & MUNSON, LLP
By:______________________________
Brooks W. Chandler
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