HomeMy WebLinkAbout2021-06-14-D01E Waiver and Consent - Ahlers and CooneyAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: June 14, 2021
AGENDA ITEM:Consideration of approval of a motion approving waiver and consent
with Ahlers & Cooney, P.C.
FORMAT:Motion
SYNOPSIS INCLUDING PRO & CON: Ahlers & Cooney represents both the City of Waukee
and City of Urbandale. They have been doing some work on
documentation for both parties related to the Meredith Drive/Warrior
Lane HMA Overlay Project.
Although Ahlers & Cooney does not believe this is a conflict of interest,
they have requested that the City consent to the attached waiver
regarding Ahlers & Cooney and their work on the agreement.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the motion.
ATTACHMENTS: I. Waiver and Consent – Ahlers & Cooney
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
D1E
Ahlers & Cooney, P.C.
Attorneys at Law
100 Court Avenue, Suite 600
Des Moines, Iowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149 www.ahlerslaw.com
Maria E. Brownell
515.246.0322
mbrownell@ahlerslaw.com
WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER,
AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990
June 11, 2021
VIA EMAIL
Mr. Tim Moerman
City Administrator
City of Waukee
230 W. Hickman Road
Waukee, IA 50263
Mr. A.J. Johnson
City Manager
City of Urbandale
3600 86th Street
Urbandale, IA 50322
RE: Joint Public Improvement Project – Meredith Drive/Warrior Lane HMA Overlay
Dear Tim and A.J.:
This waiver letter confirms that our Firm has been asked to represent the Cities of
Waukee and Urbandale in public improvement contract proceedings related to a joint public
improvement project between the Cities of Waukee, Urbandale and Clive. Specifically, the
project includes the construction of certain roadway improvements along Meredith Drive and
Warrior Lane.
As you know, our Firm has existing client relationships with the City of Waukee and the
City of Urbandale. Given the proposed concurrent representation of the Parties, we cannot
undertake a representation where we will advocate or negotiate for one party against the other.
However, our ethical rules allow us to undertake representation of both parties to a transaction
provided that we can competently and diligently represent each client, and each client provides
informed consent in writing to the representation.
We believe that we can competently and diligently represent both the City of Waukee and
the City of Urbandale in the limited role of preparing and reviewing public improvement contract
proceedings for a joint public improvement project. The cities have already negotiated and
approved the 28E Agreement which outlines the various roles and responsibilities for the joint
public improvement project. Our role will be to provide both cities with the necessary
documents to publicly bid the project in compliance with Iowa Code Chapter 26.
In the event there are actual disagreements of substance between the Parties, we will
decline to advise either party with respect to such issue. Should an issue arise for which the
Parties cannot reach agreement on your own, we would need to withdraw from further
representation of both Parties with respect to the contract letting procedures. Such withdrawal
would not, however, impact our on-going representation of the City of Waukee or the City of
Urbandale on all other matters.
June 11, 2021
Page 2
In the course of the joint representation of the Parties, we will not have communications
with one party relevant to the joint public improvement project that are confidential from the
other. For matters relevant to this limited joint representation, we have a legal and ethical duty
to share with both of you the information we receive and the comments that we give. In other
words, your conversations with us with respect to the joint public improvement project are not
privileged as between the two of you and could not be claimed as privileged should any dispute
arise between you. If you want independent advice concerning the joint public improvement
project letting procedures, or if you wish to be able to discuss matters in complete privacy, you
will need to seek such advice from alternate counsel.
In deciding whether or not to consent to the joint representation, the Parties should
consider how our limited representation as described above could or may affect them. For
example, clients that are asked to consent to conflicts should consider whether there is any
material risk that their attorney will be less diligent on their behalf due to the conflict. Similarly,
clients should consider whether there is any material risk that their confidential information or
other proprietary matters will be used adversely to them due to the conflict. We do not believe
that our obligations of loyalty and confidentiality to any party will impair our ability to represent
the Parties in this matter in the limited manner described herein, but of course you may ask us
any questions you may have regarding the contents of this letter and/or seek the independent
advice of a lawyer outside of our Firm regarding the contents of this letter.
Please respond to this request by either signing and returning this letter or informing us
that you decline to approve and consent to this joint representation. We will only be able to
represent the Parties in this matter if both Parties are in agreement regarding this limited
representation.
Very truly yours,
AHLERS & COONEY, P.C.
/s/ Maria Brownell
Maria E. Brownell
June 11, 2021
Page 3
The City of Waukee hereby waives and consents to any actual, potential, or perceived
conflict of interest associated with Ahlers & Cooney, P.C.’s representation of the City of
Waukee and the City of Urbandale regarding the public improvement contract
proceedings for the Meredith Drive HMA Overlay.
Dated this _____ day of ______________, 2021.
Waukee City Council:
By: ______________________________
Mayor
June 11, 2021
Page 4
The City of Urbandale hereby waives and consents to any actual, potential, or perceived
conflict of interest associated with Ahlers & Cooney, P.C.’s representation of the City of
Waukee and the City of Urbandale regarding the public improvement contract
proceedings for the Meredith Drive HMA Overlay.
Dated this _____ day of ______________, 2021.
Urbandale City Council:
By: ______________________________
Mayor
01898807-1\99500-322