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Ahlers & Cooney Law Firm Letter of Engagement_Legal Services Copyrighted June 5, 2017 City of Dubuque Consent Items # 25. ITEM TITLE: Ahlers & Cooney Law Firm Letter of Engagement SUMMARY: City Manager recommending approval to engage the Ahlers & Cooney Law Firm to provide legal services pertaining to negotiations with the railroad and for some remaining property acquisition work effective May 22, 2017, and authorize the Mayor to sign the letter of engagement. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Legal Services RFP Related to Railroad and Property City Manager Memo Acquisition-MVM Memo Staff Memo Staff Memo Engagement Letter Supporting Documentation THE CITY OF Dubuque fta B E I 11p y Masterpiece 012 the Mississippi 2007.2012«2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resiliency Grant Legal Services RFP Related to Railroad and Property Acquisition DATE: May 25, 2017 Two proposals were received in response to a Request for Proposals for legal services pertaining to negotiations with the railroad and for some remaining property acquisition work. City Attorney Crenna Brumwell recommends City Council approval to engage the Ahlers & Cooney law firm to provide this work effective May 22, 2017, and authorize the Mayor to sign the letter of engagement. I concur with the recommendation and respectfully request Mayor and City Council approval. /IA4Y Mic ael C. Van Milligen ` MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUB E M MORANDUM Masterpiece on the Mississippi CRENNA M . BRUMWELL , ES CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: May 22, 2017 RE: Resiliency Grant Legal Services RFP Related to Railroad and Property Acquisition As part of the Resiliency Grant the City was required to put out a request for proposals (RFP) for legal services pertaining to negotiations with the railroad. Some remaining property acquisition work was also included in the RFP. A committee drafted the RFP. The RFP was distributed by newspaper publication, via the City's website and Notify Me feature, as well as to known law firms in Iowa which might have an interest in responding. Two proposals were received, evaluated, and scored. My recommendation is to engage the Ahlers & Cooney law firm of Des Moines for this work, effective retroactively to May 22, 2017. A letter of engagement is attached for forwarding to the Mayor and City Council for consideration and approval. Thank you. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /FAx (563)583-1040/EMAIL cbrumwel@cityofdubuque.org Ahlers&Cooney,P.C. AHLERS C❑ONEY Attorneys at Law 100 Court Avenue, Suite 600 A T T R N E Y S Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com James R.Wainwright 515.246.0319 jwainwright@ahlerslaw.com May 11, 2017 Via E-mail Only: Ms. Crenna Brumwell City Attorney City of Dubuque 300 Main Street, Suite 330 Dubuque, Iowa 52001 RE: Engagement Letter- Legal Work Associated with Railroad Easement Dear Crenna: The purpose of this engagement letter is to confirm the terms of our Firm's engagement and to explain our billing practices for the above referenced matter. Upon the City Council's acceptance,this letter and the Firm's April 27, 2017 Response to the City of Dubuque's Request for Proposals (RFP) for Legal Work Associated with Railroad Easement will serve as a memorandum of the terms of the engagement of this Firm to represent the City of Dubuque as outlined herein. The fees charged by the Firm for services hereunder will be based on the current hourly rate of the person performing the service at the time services are performed. Ivan Webber and James Wainwright will be primarily responsible for this matter. Where appropriate, we may involve associate and/or legal assistants in the course of our representation. As always, we will work to prevent any duplication of efforts. Out-of-pocket expenses including, but not limited to, photocopying expenses, would be in addition to the hourly charges and will also be billed for separately on our statements. We will forward itemized statements of services rendered on a monthly basis to your attention. If payment is not rendered in a timely fashion, the Firm reserves the right to immediately terminate its representation. The current hourly rates (2017) charged by the Firm for the services contemplated herein are as follows: Ivan T. Webber- $310 James R. Wainwright- $280 Maria E. Brownell - $200 Conner Wasson- $190 Emily Kolbe - $180 Legal Assistant- $125 The Firm's billing rates are reviewed annually, and if revised, such changes occur in January. WISHARD & BAILY - 18881 GUERNSEY & BAILY - 18931 GAILY & STIPP - 19011 STIPP, PERRY, BANNISTER & STARZINGER - 19141 BANNISTER, CARPENTER, AHLERS & COONEY - 19501 AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 19741 AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Ms. Crenna Brumwell May 11, 2017 Page 2 Please indicate the Council's approval and acceptance of the above referenced terms and conditions of our engagement by signing, dating, and returning a copy of this letter to me. Should you have any questions or concerns about our proposed terms and conditions, please do not hesitate to contact me. We appreciate the opportunity to represent the City of Dubuque and we look forward to working with you. Thank you. cc: Ivan Webber Accepted and appr Sincerely,, AHLERS & COONEY, P.C. B ed on behalf of the City Council* James R. Wainwright By: ;Q . Dated: June 5 ,. 2.0-17 Title: Mayor *Authorized by Roll Call 7-0 approved on _ June 5 : 2017, 01362856-1\10422-175