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,,