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HomeMy WebLinkAbout48-89 RESOLUTIONRESOLUTION NO. 48-89 A RESOLUTION RETAINING LEGAL COUNSEL AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FEE AGREEMENT LETTER WITH McDERMOTT, WILL & EMERY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the engagement of Nixon, Hargrave, Devans & Doyle as counsel to the City in connection with its withdrawal from the solid waste resource recovery project of the Northwest Arkansas Resource Recovery Authority (the "Project") is terminated as of 8:00 p.m. CDT on Wednesday, May 17, 1989. Section 2. That the City hereby retains McDermott, Will & Emery as its counsel in connection with its withdrawal from the Project as of 8:00 CDT on Wednesday, May 17, 1989. Section 3. That the Mayor and City Clerk are hereby authorized to execute a fee agreement with McDermott, Will & Emery in substantially the "same terms as the.fee agreement attached hereto as .E1,thibit "A" and incorporated herein by reference, which terms are essentially the same as those the City had with Nixon, Hargrave, Devans & Doyle in connection with its engagement on the Project. 1 Section 4. That the City -Manager Shall provide the Board of Directors with a monthly accounting of fees paid to McDermott, Will & Emery and, shall request a specific appropriation by the Board of Directors before paying any statement.exceeding $10,000. PASSED AND APPROVED this 7 7-7 ATTEST: ...-1.;•• L -By: Cie& 16th day of APPROVED By: May , 1989. ONE POST OFFICE SOUARE BOSTON. MASSACHUSETTS 02109 617/357-0200 III WEST MONROE STREET CHICAGO. ILLINOIS 60603 3121372-2000 2029 CENTURY PARK EAST LOS ANGELES. CALIFORNIA 90067 213/277-4110 MCDERMOTT, WILL & EMERY A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 850 K STREET, N.W. WASHINGTON. D.C. 20006-2296 2021657-6000 FACSIMILE 202/778•80137 TELEX 904261 MILAN WASH May 10, 1989 Mr. James L. Pennington City Manager 113 West Mountain Fayetteville, Arkansas 72701 700 BRICKELL AVENUE MIAMI. FLORIDA 33131 305/358-3500 1301 DOVE STREET NEWPORT BEACH. CALIFORNIA 92660 7141E151-0633 445 PARK AVENUE NEW YORK. NEW YORK 10022 212/371-7000 Re: Withdrawal from Solid Waste Resource Recovery Project of Northwest Arkansas Resource Recovery Authority Dear Mr. Pennington: This letters sets forth the terms of engagement of McDermott, Will & Emery ("MWE") by the City of Fayetteville, Arkansas (the "City") for performance of legal services on behalf of the City in connection with the City's withdrawal from participation in the solid waste resource recovery project of the Northwest Arkansas Resource Recovery Authority (the "Project") and in connection with such other matters as may be designated by the City. MWE will be compensated for its services at the standard hourly rate of the attorneys assigned to this matter and will be reimbursed for all of its out-of-pocket costs. Thomas M. Ingoldsby and Roger D. Feldman will be assigned primary responsibility for this engagement. The current hourly rates for Mr. Ingoldsby and Mr. Feldman are $200 and $225 respectively. Other attorneys will be assigned as appropriate to assist Mr. Ingoldsby and Mr. Feldman in this engagement. EXHIBIT A Y111 ‘ c;• .4.‘0 James L. Pennington May 10, 1989 Page 2 Except with respect to matters on which MWE has been specifically retained by the City, MWE shall not be limited in its representation of any other person, other than a party to the Project, engaged in the development and financing of other energy, waste or similar projects. If the terms and conditions of this engagement are acceptable to you, please sign the enclosed copy of this letter in the acceptance block noted below and return it to MWE. ACCEPTED City of Very truly yours, MCDERMOTT, WILL & EMERY By: irere-19-9, Thomas M. Ingoldsby AND AGREED TO: ayettevilfe, Arkansas /7„,72 • gar • • By: efeell/ Title: Mayr 0552n ATTEST: City of Fayetteville, Arkansas By it/Clerk 15-7717,,