HomeMy WebLinkAbout93-18 RESOLUTIONy ShYF7T
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 93-18
File Number: 2018-0185
MITCHELL WILLIAMS SELIG GATES & WOODYARD PLLC:
A RESOLUTION TO APPROVE THE AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
WITH MITCHELL WILLIAMS SELIG GATES & WOODYARD PLLC FOR LEGAL SERVICES TO
THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH & ADVISORY GROUP WITH
THE CITY OF FAYETTEVILLE'S PORTION OF THE FEES NOT TO EXCEED THE TOTAL AMOUNT
OF $35,000.00
WHEREAS, on November 3, 2015, the City Council approved Resolution 203-15 expressing the intent
of the City of Fayetteville to participate in cooperative regional efforts toward the development and
implementation of nutrient water quality trading programs; and
WHEREAS, on May 3, 2016, the City Council approved Resolution No. 94-16 authorizing the City of
Fayetteville to join Bentonville, Rogers and Springdale in the newly created Northwest Arkansas Nutrient
Trading Research and Advisory Group; and
WHEREAS, the law firm of Mitchell, Williams, Selig, Gates & Woodyard was chosen to provide legal
services to the Group, with the fees apportioned equally among the members, and the City of Fayetteville's
share of legal fees will soon exceed $20,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Amendment to
Agreement for Legal Services with Mitchell, Williams, Selig, Gates & Woodyard PLLC for legal services to
the Northwest Arkansas Nutrient Trading Research & Advisory Group and authorizes the City of
Fayetteville to pay its portion of fees not to exceed the total amount of $35,000.00.
Page 1 Printed on 414118
Resolution: 93-18
File Number 2016-0185
PASSED and APPROVED on 4/3/2018
Attest:
Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 414116
.. lr City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0185
Agenda Date: 4/3/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 7
MITCHELL WILLIAMS SELIG GATES & WOODYARD PLLC:
A RESOLUTION TO APPROVE THE AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
WITH MITCHELL WILLIAMS SELIG GATES & WOODYARD PLLC FOR LEGAL SERVICES TO
THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH & ADVISORY GROUP WITH
THE CITY OF FAYETTEVILLE'S PORTION OF THE FEES NOT TO EXCEED THE TOTAL
AMOUNT OF $35,000.00
WHEREAS, on November 3, 2015, the City Council approved Resolution 203-15 expressing the intent of
the City of Fayetteville to participate in cooperative regional efforts toward the development and
implementation of nutrient water quality trading programs; and
WHEREAS, on May 3, 2016, the City Council approved Resolution No. 94-16 authorizing the City of
Fayetteville to join Bentonville, Rogers and Springdale in the newly created Northwest Arkansas Nutrient
Trading Research and Advisory Group; and
WHEREAS, the law firm of Mitchell, Williams, Selig, Gates & Woodyard was chosen to provide legal
services to the Group, with the fees apportioned equally among the members, and the City of Fayetteville's
share of legal fees will soon exceed $20,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Amendment to
Agreement for Legal Services with Mitchell, Williams, Selig, Gates & Woodyard PLLC for legal services to the
Northwest Arkansas Nutrient Trading Research & Advisory Group and authorizes the City of Fayetteville to
pay its portion of fees not to exceed the total amount of $35,000.00.
City of Fayetteville, Arkansas Page 1 Printed on 41412018
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2018-0185
Legistar File ID
4/3/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/15/2018 Wastewater Treatment Plant /
Utilities Department
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an amendment to a legal services agreement with Mitchell, Williams, Selig, Gates
& Woodyard, PLLC in the amount of $15,000.00 for additional legal services related to the Nutrient Trading and
Advisory Group.
5400.730.5800-5314.00
Account Number
10027.1701
Budget Impact:
Water and Sewer
Fund
Phosphorus Standards Management
Project Number Project Title
Budgeted Item?
Yes
Current Budget
$
130,096.00
Funds Obligated
$
40,631.32
Current Balance
$
89,464.68
Does item have a cost?
Yes
Item Cost
$
15,000.00
Budget Adjustment Attached?
No
Budget Adjustment
$
-
Remaining Budget
$
74,464.681
V20140710
Previous Ordinance or Resolution #
94-16, 203-15
Original Contract Number: Approval Date:
Comments:
CITY OF
FAYETTEV I LLE
' ARKANSAS
MEETING OF APRIL 3, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: March 15, 2018
SUBJECT: Amendment to Nutrient Trading Agreement
CITY COUNCIL MEMO
RECOMMENDATION:
Staff recommends approval of an Amendment to the Agreement for Legal Services with
Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $15,000.00 for legal
services related to the Northwest Arkansas Nutrient Trading and Advisory Group.
BACKGROUND:
On November 3, 2015, Fayetteville City Council passed Resolution 203-15 expressing its intent
to participate in cooperative regional efforts toward the development and implementation of
nutrient water quality trading programs. The Northwest Arkansas Nutrient Trading Research and
Advisory Group was formed in 2016, and Resolution 94-16 passed on May 3, 2016 authorized
the City of Fayetteville to join the group. The Cities of Rogers, Bentonville, Springdale and
Fayetteville have petitioned the Arkansas Pollution Control and Ecology Commission to initiate
rulemaking to adopt a new nutrient trading regulation, which would address nutrient water
quality trading projects and approval of those projects.
DISCUSSION:
A Memorandum of Understanding signed by Mayor Jordan on March 20, 2017 authorized
Mitchell, Williams, Selig, Gates & Woodyard, PLLC (Mitchell Williams) to provide legal services
on behalf of the Northwest Arkansas Nutrient Trading Research and Advisory Group. As the
designee for the Mayor, Utilities Director Tim Nyander was authorized to represent the City of
Fayetteville, and signed the Agreement for Legal Services with Mitchell Williams in the not -to -
exceed amount of $20,000.00. Expenses have approached the $20,000.00 amount, and
additional legal services will be needed in the amount of $15,000.00. Staff requests city council
approval of the utilization of funds in the Phosphorus Standards Management project to pay for
the additional legal services in the amount of $15,000.00, for a total not -to -exceed amount of
$35,000.00 for legal services related to the Northwest Arkansas Nutrient Trading and Advisory
Group. The $15,000.00 amount (the Amendment) is contingent upon unanimous approval by
Rogers, Bentonville, and Springdale.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
Funds are available in the Phosphorus Standards Management project.
Attachments:
Amendment to Agreement for Legal Services
Exhibit 1 — Agreement for Legal Services
Amendment to
Agreement for Legal Services
1. The Northwest Arkansas Nutrient Trading Research & Advisory Group (the "Group") and
Mitchell Williams Selig Gates & Woodyard PLLC ("Mitchell Williams") entered into an
Agreement for Legal Services effective March 30, 2017 (the "Agreement"). A true copy of
the Agreement is attached as Exhibit l to this Amendment to Agreement for Legal Services.
2. Paragraph 5 of the Agreement is hereby amended to authorize an additional Sixty Thousand
Dollars ($60,000.00) in fees and costs to be incurred under the Agreement, as amended.
Mitchell Williams shall submit a monthly budget report to the Group included with each
invoice or 3 days prior to a Group meeting in case an invoice is not needed. Budget report
shall include summary of all charges through most recent billing cycle, anticipated charges
for current billing cycle, and an overall summary of budget status including any unforeseen
issues or concerns.
3. Paragraph 5 is further amended to add the following language:
Mitchell Williams agrees that it will perform all legal services necessary to pursue
adoption of the Group's proposed nutrient water quality trading regulation, APCEC
Docket No. 18-001-R, through a final vote on the merits by the Commission for fees and
costs not to exceed the total amount authorized under this paragraph 5, as amended. No
work under this Agreement beyond the final vote of the Commission shall be undertaken
by Mitchell Williams unless expressly authorized in writing by the Group.
Page 1 of 3
4. Paragraph 6 is amended to remove Marcella J. Taylor from the list of professionals with
approved rates; and Jordan Wimpy is added to the list of professionals with an approved rate
of $295/hour.
5. Effective Date. When this Amendment is fully executed by authorized representatives of
Mitchell Williams and each member of the Group, it shall be effective as of the Effective
Date listed below.
EFFECTIVE DATE: _ April 3 , 2018.
Allan Gates
MITCHELL, WILLIAMS, SELIG,
GATES & WOODYARD, P.L.L.C.
REPRESENTATIVES
OF NANTRAG MEMBERS
Brad Stewart — Springdale Water Utilities
Chair
Honorable Greg Hines, Mayor, City of Rogers
Earl Rausch, Superintendent, Rogers Water Utilities
(Or his designee)
Honorable Bob McCaslin,
Mayor, City of Bentonville
Page 2 of 3
Tim Nyander — City of Fayetteville
Page 3 of 3
60?6780.3
EXHIBIT 1
.AGREEMENT FOR LEGAL SERVICES
WHEREAS, the Northwest Arl�ansas Nutrient Trading Research and Advisory Group
(the "Group") published a Request for Qualifications for Legal Counsel on September 4, 2016;
and
WHERE=AS, on September 30, 2016, Mitchell Williams Selig Gates & Woodyard PL,LC
("Mitchell Williams") submitted a timely and complete Statement of Qualifications in response
to the Group's Request; and
Vl'HEREAS, on October 3 t, 2016, the Group interviewed representatives of lavv firms
that had submitted Statements o.fQualifications in response to the Group's Request; and
WHEREAS, on October 31, 2016, following the conclusion of the law firm interviews,
the Group voted unanimously- to engage Mitchell Williams to provide legal services to the
Group;
NOW THEREFORE, in consideration of the above premises, the Group hereby retains
Mitchell Williams to provide legal sen ces as directed by the Group. The terms and conditions
of Mitchell Williams' legal representation of the Group shall be as set forth below.
1. Terns of the Eviga ement. This engagement shall be for an original term of OKO years
starting on the Effective hate below. with an option to renew on a year-to-year basis for
up to three additional ons; -year terms.
2. liarly Termination. 'I'lie Group may terminate representation under the Agreement at
any time with or without cause by delivering v,-ritten notice to Mitchell Williams.
Mitchell Williams may terminate the representation under the Agreement only as
permitted by Arkansas Rule of Professional Conduct 1.16 and only after giving 30 days
advance written notice to the Group.
3. Scoi2e of Services, Mitchell Williams shall be authorized under this Agreement to
provide legal services only with respect to those tasks or matters approved by unanimous
agreement of all members of the Group.
4. Prim Contact. The parties' primary contacts under this Agreement will be:
For the Group: Brad Stewart, Chairman
For Mitchell Williams: Allan Gates
5. Identily of Client and Source of Payment: The client under this Agreement shall be the
Group, and not the individual members of the Group. Nothing in this engagement shall
authorize Mitchell Williams to act as counsel for an individual member of the Group.
For purposes of payment, however, the Group has requested, and Mitchell Williams
agrees, that it will look only to the individual members of the Group for payment of their
pro rata share of the fees and expenses for services rendered to the Group. Total fees and
costs under this engagement shall not exceed Eighty Thousand Dollars ($80,000.00)
without the prior express written authorization of each member of the Group.
6. Fccs and Ex mes. The Group agrees to pay Mitchell Williams fees for services under
this Agreement on the basis of the following hourly rates plus reimbursement of actual
expenses.
Allan Gates
$400/hour
Walter Wright
$325/hour
Marcella Taylor
$300/hour
Paralegal Assistance
$100/hour
2
The hourly rate for any other professional assistance under this Agreement shall be
agreed in writing in advance. No expense item in excess of $100 shall be reimbursable
unless approved in advance by the Group.
7. Record Retention. Mitchell Williams agrees that it will maintain orderly records
regarding the services rendered to the Group under this Agreement, and it will make
those records available to any member of the Group upon request. Mitchell Williams
will maintain a copy of its records regarding this engagement for a period of five years
following the termination of the representation, after which Mitchell Williams may
destroy the records in accordance with its customary record retention and destruction
policy.
8. Client Confidentiality. Mitchell Williams will preserve the client confidences of the
Group to the extent permitted by applicable law, but it will not keep information received
from one Group member confidential as against another member of the Group. Each
member of the Group agrees that any information it provides to Mitchell Williams in
connection with this engagement may be disclosed by Mitchell Williams to other
members of the Group.
9. Decision Making. Mitchell Williams shall be authorized to act under this engagement
only by the unanimous agreement of the Group's members. In the event any
disagreement arises among the members of the Group regarding questions related to the
engagement, Mitchell Williams shall take no further action with respect to the unresolved
question until the Group reaches unanimous agreement regarding the question's
resolution.
10. Modification of Agreement. Any extension or modification of this Agreement shall be
in writing signed by authorized representatives of Mitchell Williams and each member of
the Group.
11. Effective Date. When this Agreement is fully executed by authorized representatives of
Mitchell Williams and each member of the Group, it shall be effective as of the Effective
Date listed below.
EFFECTIVE DATE: March, 2017.
Allan Gates
MITCHELL, WILLIAMS, SELIG,
GATES & WOODYARD, P.L.L.C.
REPRESENTATIVES
OF NANTRAG MEMBERS
r_a
Wdale Water Utilities
Hdnor#Me Greg Hines, Mayor, City of Rogers
Ear ausch, erintendent, Rogers Water Utilities
(or his designee)
Honorable Bob Mc
Mayor, City of Bentonville
ATim gander —City of Fayetteville
E
4952126.1