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HomeMy WebLinkAbout~Master - Waiving Purchasing Policies' formal bidding requirements and extending an engagement with Ahlers and Cooney, P.C. for legal services related to application of Iowa Code Chapter 20 RESOLUTION NO. 21-529 RESOLUTION WAIVING THE CITY'S PURCHASING POLICY REQUIREMENT FOR FORMAL BIDDING PROCEDURES AND EXTENDING THE ENGAGEMENT WITH AHLERS AND COONEY,P.C. FOR THE CITY OF AMES, IOWA WHEREAS,in 2017,Iowa law related to collective bargaining for public sector employees was modified, and due to federal protections for the collective bargaining rights of transit employees, a dispute arose between the City and the Union representing the City's Blue Collar bargaining unit (which includes a mix of transit and non-transit City employees) regarding how bargaining should work under the new state law; and, WHEREAS, the City engaged the services of Ahlers and Cooney, P.C., to prepare a petition to get clarification from the Public Employment Relations Board(PERB) about the law; and, WHEREAS,on July 9,2019,the City Council approved an extension of the engagement with Ahlers and Cooney to a total amount of$50,412.58, and on May 12, 2020, approved an additional $15,000 in funding, for a total contract amount of$65,412.58; and, WHEREAS, on July 2, 2021, City staff authorized an increase of$7,000, for a total contract amount of$72,412.58; and, WHEREAS, the City's brief for oral arguments has been completed, and staff estimates that funds will need to be authorized to complete the City's reply brief and to conduct oral arguments, which are scheduled for November;therefore,staff is requesting an additional$20,000 be added to the Purchase Order, for a total contract amount of$92,412.58; and, WHEREAS, the actual amount charged to the City is based on the hourly rates for the attorneys,plus actual fees for copying,printing, and related services; and, WHEREAS, should additional services be required due to appeals by either party, additional funding may be recommended in the future; and, WHEREAS, expenses are distributed to the operating budgets of the seven City departments with employees represented by this bargaining unit; WHEREAS, normally, these types of services would be retained only after a competitive solicitation process and the evaluation of proposals; however, the City did not envision these issues would require such extensive legal services when it initiated the engagement of Ahlers and Cooney; and, WHEREAS, it would be disadvantageous to the City to solicit proposals at this time,retain a new firm, and prepare that firm to represent the City in this matter at this point; additionally, the attorney the City works with through Ahlers an Cooney has unique experience with federal transit labor protections, which may not be available through other firms. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that waiver of formal bidding procedures is hereby approved,and authorization to extend the engagement with Ahlers and Cooney, P.C., of Des Moines, Iowa in an amount not to exceed $20,000 is hereby approved. ADOPTED THIS 12t''day of October, 2021. Diane R. Voss, City Clerk John A. Haila, Mayor Introduced by: Betcher Seconded by: Corrieri Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Martin Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 12t'day of October, 2021.