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Home My WebLink AboutRes2021-118 Sponsored by: Bower LCITY OF SEWARD, ALASKA RESOLUTION 2021-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 1 TO THE CONTRACT WITH BOYD, CHANDLER, FALCONER & MUNSON FOR THE PROVISION OF BASIC LEGAL SERVICES THROUGH AUGUST 1,2023, FOR A TOTAL OF $66,000 ANNUALLY WHEREAS, the City has need of professional legal services in a wide variety of settings including employment relations, contracting, real property transactions, ordinance and resolution drafting, environmental and financial matters, as well as more generalized services to the City; and WHEREAS, it is in the public interest to engage the services of a law firm with the required areas of expertise and experience in municipal law issues; and WHEREAS, at a regular meeting on June 22, 2020, the City Council voted to enter into contract negotiations and conduct reference checks with the legal firm Boyd, Chandler, Falconer, & Munson; and L WHEREAS, Resolution 2020-053 approved the legal services contract between the City of Seward and the law firm of Boyd, Chandler, Falconer, & Munson; and WHEREAS, Resolution 2020-053 states that it was the intention to establish a fixed fee for legal services no later than October 15, 2020; and WHEREAS, no establishment of a fixed fee agreement was pursued after the establishment of the initial Legal Services Agreement; and WHEREAS,the fixed annual fee of$66,000 will cover All Port and Harbor work (except derelict vessels),completion of recodification work,ordinance drafting,all public records requests work, all electric utility work, all utility work, all general counsel work; and attending one City Council meeting per month; and WHEREAS, all other services will be provided at the following hourly rates: Chandler- $250, Cacciola- $250, Munson- $250, Severin- $210, Paralegal- $100. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves Amendment No. 1, attached L hereto,to the contract with Boyd,Chandler, Falconer,&Munson, for continued legal services through August 1, 2023. The City of Seward shall pay Boyd, Chandler, Falconer, & Munson CITY OF SEWARD,ALASKA RESOLUTION 2021-118 a fixed fee of$66,000 annually with payment for additional services at hourly rates as set forth in the amendment. Section 2. Funds will be appropriated with the 2022 budget cycle in accordance with the approved contract and amendment(s). Future year appropriations will be done with each budget cycle in accordance with approved contract(s) and amendments. Section 3. Compensation for these services shall be distributed at$5,500 per month. Section 4. This resolution shall take effect November 1, 2021. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11t day of October, 2021. 7CIT.' IFl WA: II • 41464c... 4411Fr -...... 1 risty Terry, M 1, orJ AYES: Baclaan, McClure, Seese, Osenga, DeMoss, Casagranda, NOES: None ABSENT: None ABSTAIN: None ATTEST: rends J. Ballo , MMC City Clerk �,,,..■..,.,ee (City Seal OF SF 'ee ;.VrooliPiZi +Qi I • I SEAL e''.. F of ;c.p.s •• .1 I•............... City Council Agenda Statement Meeting Date: October 11, 2021 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2021-118: Approving Amendment No. 1 to the Contract with Boyd, Chandler, Falconer&Munson for the Provision of Basic Legal Services through August 1, 2023, for a Total of $66,000 Annually Background and justification: The City of Seward entered a Legal Services Agreement with Boyd, Chandler, Falconer&Munson on August 1, 2020 via Resolution 2020-053. This resolution states, "A fixed fee for legal services for Boyd, Chandler, Falconer & Munson will be determined no later than October 15, 2020". The intention was to subsequently negotiate a fixed monthly cost agreement after the initial legal services agreement was reach in order to cover recurring items such as Port and Harbor work, completion of recodification, ordinance drafting, public records request work, all electric utility issues, and all general council work. Items not covered by the fixed monthly fee would include all lawsuits, Planning and Zoning enforcement matters, employee grievances, COVID-19 legal work, derelict vessel matters, and any other miscellaneous items not covered in the flat fee agreement. Due to changeover in City Administration, those negotiations towards a flat fee billing structure did not take place. Resolution 2021-118 is intended to fulfill the intention of Resolution 2020-053 with regard to adoption of a fixed fee billing structure for many aspects of the City of Seward's legal needs. Consistency checklist: Comprehensive Plan: N/A Fiscal note: Funding in the amount of $66,000 for the fixed contract fee will be included in the 2022 General Services department budget account no. 01000-1180-7006 (General Fund - Legal). For items not covered in the flat fee agreement, costs will be expensed to the respective departments citywide. For example, the 2022 budget includes a flat amount per department(7006 — Legal expense line item) to cover potential unexpected legal expenses throughout the year beyond the $66,000 as previously noted. The intent is to reduce legal expenses and share fiscal responsibility among departments equally. Finance Department approval: - Attorney Review: Yes x❑ No ❑ Not applicable ❑ Recommendation City Council approve Resolution 2021-118. AMENDMENT NO. I TO LEGAL SERVICES 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. 8th Avenue, Suite 302,Anchorage,AK 99501 ("City Attorney" or`BCFM") is hereby amended as follows: In consideration of the mutual promises herein,the parties agree as follows: 1. Change of Firm Name. All references to Boyd, Chandler, Falconer&Munson, LLP are hereby changed to Chandler, Falconer, Munson& Cacciola, LLP. All references to BCFM are hereby changed to CFMC. 2. Compensation. Paragraph 6 is hereby amended to read as follows: a. Commencing November 1, 2021,basic legal services shall be provided at a fixed monthly fee of$5,500. 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 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: $250 - Mr. Chandler AMENDMENT NO. I TO LEGAL SERVICES AGREEMENT PAGE I OF 3 CITY OF SEWARD/BOYD,CHANDLER,FALCONER&MUNsoN,LLP $250 - Mr. Cacciola $250 - Mr. Munson $210 - Mr. Severin $100 -paralegal services e. Rate Adjustment. The attorneys'fee schedule for both hourly and fixed fees is to remain fixed until November 1, 2022.After November 1, 2022,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. 3. Payment and Reporting. Paragraph 7 is hereby amended to read as follows: a. The City Attorney shall submit monthly invoices itemized by department for payment of all fees. Costs shall be itemized and described separately on each monthly invoice. b. Upon approved billing,payment will be remitted to the City Attorney within thirty days. 4. Notices. Paragraph 12 is hereby amended to read as follows: 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: Janette Bower, City Manager PO Box 167 Seward,AK 99664 Fax: (907) 224-4038 City Attorney: Chandler, Falconer, Munson& Cacciola, LLP Attn: Brooks W. Chandler 911 W. 8rh Avenue, Suite 302 Anchorage,AK 99501 Fax: (907) 274-3698 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. 1 effective November AMENDMENT NO. 1 TO LEGAL SERVICEs AGREEMENT PAGE 2 OF 3 CITY OF SEWARD/BOYD,CHANDLER,FALCONER&MUNsoN,LLP 1, 2021. CITY OF SEWARD By: Janette Bower, City Manager CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP By: Brooks W. Chandler ATTEST: Brenda Ballou, MMC, City Clerk AMENDMENT NO. I TO LEGAL SERVICES AGREEMENT PAGE 3 OF 3 CITY OF SEWARD/BOYD,CHANDLER,FALCONER&MUNsoN,LLP