Ahlers & Cooney, LLC - First Amendment to Legal Service Agreement for Bee Branch Creek Copyrighted
August 3, 2020
City of Dubuque Consent Items # 10.
City Council Meeting
ITEM TITLE: Ahlers Legal ServiceAgreement- FirstAmendment
SUM MARY: City Manager recommending approval of the FirstAmendment to the
Legal Services Contract with Ahlers & Cooney, P.C. that updates the
contract to incorporate all of the required federal contract language
related to legal work associated with the Bee Branch Watershed Flood
Mitigation Project, specifically the Railroad Easement acquisition and
development.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Ahlers' Legal Services Agreement First Amendment- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Amendment to Ahlers Legal Services Agreement Supporting Documentation
06/05/17 Legal Services Agreement Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: First Amendment to Contract with Ahlers & Cooney, P.C.
Dubuque 2016 National Disaster Recovery - Legal Services Agreement
DATE: July 24, 2020
On June 5, 2017, the City entered into a contract with Ahlers & Cooney P.C. authorizing
Ahlers' assistance in carrying out the legal work associated with the Bee Branch
Watershed Flood Mitigation Project, specifically the Railroad Easement acquisition and
development.
East Central Intergovernmental Association has requested an amendment to the
contract, which updates the contract to incorporate all of the required federal contract
language.
Senior Counsel Barry Lindahl recommends City Council approval of the First
Amendment to Contract with Ahlers & Cooney, P.C.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Dubuque
THE CITY OF �
All•A�erica City
DuB E ,,��, :4
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MGlste iece on the Missi i zoo�.zoiz•zoi3
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BARRY A. LINDAHL,
SENIOR COUNSEL
MEMO �
I
To: Michael C. Van Milligen
City Manager
DaTE: July 22, 2020
RE: First Amendment to Contract with Ahlers & Cooney, P.C.
Dubuque 2016 National Disaster Recovery— Legal Services Agreement
On June 5, 2017 the City entered into a contract with Ahlers & Cooney P.C. authorizing
Ahlers' assistance in carrying out the legal work associated with the Bee Branch
Watershed Flood Mitigation Project, specifically the Railroad Easement acquisition and
development. A copy of the contract is attached.
East Central Intergovernmental Association has requested an amendment to the contract I
which updates the contract to incorporate all of the required federal contract language.
Attached is the First Amendment with the required language.
I recommend the First Amendment be submitted to the City Council for consideration and
approval.
BAL:tIs
cc: Crenna M. Brumwell, City Attorney
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, �IARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/Fwc (563)583-1040/EM,4�� balesq@cityofdubuque.org
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, E
CITY ATTORNEY
MEMO
To: Kevin S. Firnstahl
City Clerk
DATE: August 19, 2020
RE: Ahlers Legal Services Agreement — First Amendment
Dubuque
Atl•berica City
fI J._.W_t71K:IFSQA':
2007.2012.2013
2017*2019
Attached for your file is the fully executed original First Amendment regarding above -
referenced. We will maintain a copy in our file as well.
Thank you.
CMB:tls
Attachment
F:\Users\cbrumwel\Memos\Firnstahl_OriginalAhlersLegalServicesAgreem entFirstAmendm ent_081920.docx
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
20D 2OU 2O13
FZSSissip pt. 2017*2o19
Amendment #1. Dubuque 2f316 National Disaster Recovery —Legal Services Agreement
THE June 5, 2017 AGREEMENT, entered into by and between Ahlers & Cooney P.C. (hereinafter
called Ahlers) and the City of Dubuque, authorizing Ahlers' assistance in carrying out the legal work
associated with the Railroad Easement in the City's Community Development Block Grant Contract
#1 NDRI-011 is hereby amended as follows.
The attached Required Contract Language, as appropriate for a prof
is incorporated by reference,
PASSED AND APPROVED:
Grantee: CITY OF DUBUQUE
August , 2020
AHLERS & COONEY C.
7- �?~
Date
egal se ices:agreee
REQUIREO C�NTRACT LANGUAGE
All project contracts shall contain at a minimum the fallQwing prv�isions, as appropriate.
ALL CDNTRACTS
'I. Acc�ss ar�d Maintenance af Recards
The contractor must maintain all requirec! re�ords for five years aft�r final paymen�s are rr�ade and
all a#her pending matte�s are closed.
At any time during normal business hours and as frequently as is deemet� necessary, the contrac#ar
shall make available to the Iowa Ecanomic ❑evelopment Authority, the State Auditor, the General
Accounting �fFice, and the ❑epartment of Hausing and Llrban �euelapment, for their examirzation,
all ❑f its reGords pertaining to all matters cover�d by#his contract and permit these agencies ta
audit, examine, make excerpts ar transcripts from such re�ords, contract, in�oic�s, payrolls,
p�rsvnnsl records, �onditions of employment, and all nther matters �overed by th�s �ontract.
2. Cirril Righ#s
Th� Contra�tor rr�ust comply with ihe following Eaws and regulations:
■ Title VI of the Ci�il Rights A�t of �9�4 (P.L. 88-352}.
5tates thaf no persvn may be excluded frorn particlpafian in, der+ied the �ene�rts af, �r
subjected fo discrimrnafion under any program �r actrvify receiving Federal financral
assistance on the basis af race, calar, ar nafional arrgrn.
■ Tif[e VIII of the CiviE Rights Act of 196$ (Fair Housing Act}, a5 amended.
• Fed�ral Executi�e Order 11�63, as amended by Executi�e Qrder 12259
Equal�pportunify Hausrng
• fawa Ci�il Rights Act of 'f9E5.
This Rcf mrrrors the Federal Ciurl Righfs Act.
■ Section 1 D9 of Titl� I of the Housing and Communiiy De�elopment Act of 19�4, as amended (42
L1.S.C. 53�9}.
Pro�rdes fhaf no persor� shall be excluded from parficipafran in, denied fhe benefits af, or
subjecfed�o discrrmrnafipn ora fhe basrs of race, color. raafionaf arrgrn, sex, age, or hant�icap
under any program or acfi�ify fr�nded in part ar rn whale unc�er Tltle 1 of the Ac�.
■ The Age ❑iscriminatian Act af 1975, as amer�d�d {42 L1.5.C. 160� et seq.}
PrQvides thaf no person an fhe basis vf age, be exclucled from partrcrpafian rn, be deniec�the
bene�its of or be subjecfed fo discrrrninafi�n under any pragrarn or acfivify recei�ing Federal
frnancia!assistance.
■ Sectiar� 504 of the Rehabilitation Act of 1973, as arnended (P.L. 93-��2, 29 �.S.C. 794}.
Provi�es thaf no�therwise qualrfied indf�idua�shall s�lely by reasara of hislher handicap be
ex�luded from parficrpatron ir�, be r�enied fhe benefrfs of, or be discriminafed against under
any program or activity recervrng Fec�eral financral assisfance.
■ Ame�-icans with Qisaf�ilities A�t�P.L. 1��-335, 42 U.S.C. �21Q�-12213}
Provicles cQmprehensive civrl righ�s fa indivia�uals wifh disa6ilities in the areas of
emplayment, pubJic accommodations, sta�e and 1oca1 go�ernment services, and
telecamrnunicatiQns.
IflWA2p19CpBGMANRGEMENTGUI�E-APPENDIX2 PAGE; 64
■ 5e�tion 3 of th� Housing and LJrban Deveiopm�nt A�t of 19fi8, as amended (1� U.S.C. 17�1 u}.
The purpQse�f secfion 3 of�he Housrng and Urban Developmerrt Acf of 7968 { 12 [J.5.C.
�17aTu) (section 3) is to ensure that employrnerrf and athereconomic�pportunities
gen�rated by certarn NUD frnancial assrstance shaft, ta �he greafesf extent feasible, and
cansistenf wifh exrsting Federal, Sfate and locallaws ar+d regulatrons, be drr�cted�o l�vt�-
and very law-in�arn�persor�s, partrcularJy those who ar� recr�ients of gavemmenf
assistance far hQusing, and fo br.isiness concerns which pravic[e economic opportunities ta
low- anc!very law-rncome persans.
3. Termination Clause
All �ontracts utilizing C�BG funds must contain a termir�atian clause that specifies the foilowing:
■ Uncfer what conditians t�e clause may he imposed.
• The form the termination notice m�st#ak� (e.g., certifed letter}.
• The time frame required between the noti�e of termination and its efFe�tive date.
• The method used#o compute the final �ayment{s) ta the cvntractor.
4. Certificat�on regarding ga�ernment-wide restrictian on labhying.
Ail cor�tracts utilizing C�BG funds rnust contain#�e fiollowing certification concerning restriction af
I�bbying:
"The Recipient certifies, to the best of his or her knowledge and belief, that:
i. No Federal apprapriated funds ha�e been paid or will be paid, by or on behalf of t#�e
F2ecipi�nt, to any p�rson for influencing ❑r attempfing to influence an ofFicer or erripioyee of
any agency, a Member of Congress, an officer or empfoyee pf Congress, or an �mpIoyee af
a Member of Cor�gress in connection with ff�e awarding of any Federal contract, #he making
of any Federai grant, the making of any Federal loan, the entering into of any caoperati�e
agreem�:nt, and the extensian, continuatian, renewa[, arrfendment, or madifi�ation of any
�ederal contra�t, grant, loan, or cooperafi�e agre�ment.
ii. if any funds otf�er than F�deral appr�pria�ed funds ha�e be�n paid or will �e paid ta any
persor�for in€luen�ing or attempting to influence an ofFicer or employee af any agen�y, a
Memher of Congress, an ofFicer or ernployee, or an empfoyee of a Mem�er of cangress in
connection with this Federal �ontract, grant, loan, or cooperat�ve agreement, the Recipient
shall camplete and submit Standard Form-LLL, "Disclasure Form ta Report Federal
Labbying" in ac�ardance with its instruct€on.
iii. The Reci�ient shall require that tY�e language of this �ertification be ir�cluded in ths award
dvcuments for all subawards at a!I tiers (including subcantrac#s, s�bgrants, and c�ntracts
u�der grants, loans, and cvoperative agreements} and that all subrecipients shali certify and
disclos� ac�ordingly.
7hrs certification is a rr�aterial representation of fact uporz which reiian�e was placed when this
transaction was made ar entered inta. Submission of ti�is certification is a prerequisite far making
or entering into this transac#ion imposed by sectivn 1352, titie 31, �.5. Gode. Any person wh4 fails
to File the requir�d cert�fscation shall �e subject ta a cfvil penalty of not less ti�an $1Q,Q00 and not
more than $1 D�,OpQ for each such failure."
5. Lead-Safe Hausing Regulations �As applicabley
24 CFR Part 35 et. ai.
IQWR 20'19 Cp6G MANAGEMETIT GUI�E-APPEP1pIX 2 pp�-,�: gg
Requirements far Notification, E�af�ati4n and Reduction of Lead-Based Paint Hazards in Federally
�wned Residential Properties ar�d Ha�asing Receiving Federal Assistance, Final Rule
8. R��ycle�f Materials
The contractor agrees to comply with all the requirements af Co�e of lowa cf�apter $A.315-317 and
iowa Administrative�ode chapter 11-117.6(5}— Re�y�ied Praduct and Cantent.
T. Notice of Awarding Agency Requirements and Regulations P�rtaining ta Reporting
The Contractor must pro�ide informaticsn as necessary an� as requested by the lowa Econornic
❑evelopment Authority for the purpose af fulfilling all repor�ing r�quirernen#s related to the
C�BG program.
ALL C4NTRACTS IN E)CCE55 �F $'[D,D00
Federal Executi�e Orders '1124fi and 'i'1375:
Provicies fhat na ane�e drscriminafed rn emplayment.
"�uring the per€ormance of this contract, the contractor agrees as foliows:
(�} The contrac#or will not discriminate against any employee ❑r applicant for employment
be�ause af ra�e, cvlvr, religion, sex, ❑r natianal origin. The contractor will take af#irmati�e
action to ensure tha�applicants are employed, and that emplvyees are treated during
employment, without regard to their race, color, religion, sex, ar na�ional origin. S�ch action
shall include, h�t not he limited tti the follawing: employment, upgrading, dematian, ar
transfer; recrUitment or recruitment adver�ising; layofF or termination; rates of pay or other
forms of�ompensation; and selectivn for training, inciuding apprenti�eship. The cantractor
agfE�S tQ �7p5t II� GOf15plCUDUS �7I�C�S, available to employees and applicants�For
empioyment, nat[�es to be pro�ided by the contracting �fficer setting forth the provisip�s of
�his nondiscrimination clause.
{2} The contractar will, in ali solicitatians ❑r ad�ertis�ments for employ�es placed by or on
hehal�of the contractar, state that alf qualified applicants will rece€ve consideratiar�fvr
emplaymen#without regard to race, cofor, religion, sex, or na#ional arigin.
(3} 7he corztractor will send to each labor urzion or representative of workers with wf�ich he has a
c�llective bargaining agreemer�t or other contract or understanding, a notice, to be provided
by the agency contract�ng afiFicer, ad�ising the labar union ❑r workers' representa#ive of the
contractar's corrimitments under S�ctEon 202 af the Executive �rder No. 11246 of
September 24, 1955, and shaf� post copies of the natice in conspi�unus pla�es a�ailable to
employees and applicants for employm�nt.
(4) The c�ntractor will comply with afl provisians of Exec�ti�e Order No. 11246 of September
24, 1985, and of th� rules, regula#ions, and reie�ant orders af the 5ecretary of Labor.
(5} The �ontractor will f�rnish all information and reports req�ired by Executi�e Drder Na. 11245
o#5eptember 24, 1965, �nd by the rules, regulations, and orders af the 5ecretary of Labar,
or p�rsuant thereto, and wili permit ac�ess tv his books, records, and accounts by the
contracting agency and the 5ecretary of Labor for purpose$ of inves�igatian ta ascer�ain
camplian�e with such rules, regulatians, and arders.
{6} In the e�ent of tf�e contra�tor's rton-compliance with the nor�disc�'imination clause n€this
contract ar with any of such rules, reg�fatians, or arders, this contract may be can��led,
terminated ar sus�ended in whale or in part and the �antractor may be dec�ared ineligible for
further Gavernmen# contracts in accordancs with pracedures authorized in Exe�uti�e Drder
No. 1��46 Qf September 24, 19�5, and such other sanctior�s may be imposed and remedies
I�WA 2079 C�6G MAHAGEMENT GU1�E-A�pEN�IX 2 PAG�; fifi
invoked as provid�d in �xe�ufive �rder No. 1�245 pf September 24, 1965, or by rUle,
regulafion, or order of the Secretary vf Labor, ❑r as otherwise {�ro�fded by law.
[7} The contractor will include the provisions af paragraphs �1}through {7} in every subcontra�t
or pur�hase order unless exempted by rules, regulations, or orders of�Y�e 5ecretary of Lahor
issued pursuant ta Section 2a4 of Executi�e ardEr No. �124f of September 24, 1965, so
that such provisions will be binding upon each su�cantractor or vendor. The cantractar will
take su�h action with respect to any subcontract or purchase order as the c�ntracting
agency may direct as a means of enfarcing su�h prflvisians including sancfions for
noncampliance: Provided, hawever, that in the e�ent the contract�r becorr�es involved in, or
is threatened with, litigation witf� a s�bcontractor ar vendar as a result qf suc� direction by
the contracting ages�cy, the contractor may request the Llnfted States to enter inta such
litigatian ta pratect tf�e interests vf the llnited S�ates.
ALL CONTRACTS 1N EXCESS QF 1 aU Oa8
Clean Air and Water Acts:
• 5e�tifln 306 of the Clean Air Acts [42 L1.S.C. 1857{h}}.
• Sectian 5Q$ of the Clean Water A�t [33 L1.5.G. 1358},
■ Executive Qrder 1�738. Pravidirag adminisfrafion af the Clean Air ar+d Water Rcfs
Clean Air and Water Acts - required �lauses:
7his clause is required in all third party contracts involvi�g pro�ects subject to the Clean Air A�t�42
U.S.C. 1857 �t seq.}, the Federal Water PolIution Cantral Act (33 U.S.C. 1251 et seq.}, and the
regulatic�ns of the En�ironmental Pro#ecfion Agency with resp��t to 40 CFR Part 15, as amended. It
sh�uld als❑ be mentioned in the bid document.
❑uring the performan�e of this contract, #he GDiVTRACT�R agre�s as f�llows:
(1} The CONTRAGT�R will certify that any fa��lity fo be utilized in the performance af any
nonexempt cont�a�t or subcontract is nat listed an the Excluded Party Listing System
pursuant t�4p CFR 32.
{2} The CDNTRACT�R agrees to camply wit� all the re�{uirements Qf Secfion 114 �f the Ciean
Air Act, as amended, �42 U.S.C. �$57cT8} and 5ectian 30$ of the Federal Water Pollution
Control Act, as amended �33 U.S.C. 1318} relating to inspection. monitoring, entry, reports,
and infnrmatiar�, as well as al! other requirements specified irz said 5ection 114 and 5ection
308, and all regulatians and guidelines issued thereunder.
[3} The CONTF�ACTDR agrees that as a canditior�for the award af the contract, prampt notice
will be given of any notification received from the Director, �fFice of Fed�ral Activities,
En�ironmental Protection Ager�cy, indi�ating that a facifity Utilized or to be utilized for the
car�tract is under�onsidera#ion to be listed on the Excluded Party L�s�ing 5ystem.
�4} The GaNTRACTOR agrees that it will inclurle or �a�se to be included the �riteria and
req�irements in Paragraph (1}through {4} of this section in every nonexempt subcantract
and require e�ery subcantra�tar to take su�h actian as the Ga�ernmerit may direct as a
means of enfarcing such p�ovisions.
]OWA 2019 C�6G MANAGEMEId7 GUIDE—APPENDEX 2 PAGE: B7
A�L CQNSTRUCTI�N CaNTRACTS !N EXCE55 ❑F 2 0��
Federal Labvr Standards
In addition to t�e pre�eding provisions, �II CDC15tfLiC�iDi1 Cflfltf�CtS E�l BXCE55 Of$2,�OD must include
the Federal Labpr Standards Pro�isians (�erbatim} found in Appendix 2 under Required Contract
Pravisions. �Housing reha�iiitation cantracts af less than 8 units are ex�luded from this
requirement.}
Federal Labor Standards Provisions (�er�atim}faund in Appendix 2, including:
■ �avis-Bacon and Related Acts
■ Cantract Work Hours and Safety Standard Act
• Capeland Anti-kickbac[t Act
IQWA 2019 Cp6G MANAGEMENT GUIDE-APPENC]i7(2 PAGE; 68
Ahlers &Cooney,P.C.
�I H L E�� C C� t�N E Y Atforneys at Law
100 Court Avenue, Suite 600
A T T O R N E Y S Des Moines, lowa 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 ilailroad�;asement
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 Apri127, 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) cha.rged 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 $ BAIIY - 1888� GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901� STIPP, PERRY, BANNISTER $i STARZINGER - 1914; BANNISTER� CARPENTER�
AHLERS & COONeV - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE $� SMITH - 1974; AHLERS, COONEV, DOAWEI�ER, HAYNIE, SMITH $i AILBEE� P.C. - 1990
. . i
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
wurking with yuu. Thatilc you.
Sincerely,
AHLERS &COONEY, P.C.
By r�� � �
James R. Wainwright
cc: Ivan Webber
Accepted and appr ' ed on behalf of the City Council*
.� � '
B : "�%" �� � Dated: June 5 2017
Y
Title: Mayor
*Authorized by Roll Call 7-0 approved on J u n e 5 , 2017.
01362856-1\10422-175