R-22-21VILLAGE OF DEERFIELD
RESOLUTION NO.2022- R-22-21
A RESOLUTION TO APPOINT SPECIAL COUNSEL REGARDING EMERGENCY
WATER MAIN CONNECTION.
WHEREAS, the Village of Deerfield (the "Village") is a home rule municipality and may
exercise any power and perform any function pertaining to its government and affairs pursuant to
Article VII, Section 6, of the Illinois Constitution of 1970; and
WHEREAS, the Village desires special counsel legal services regarding an emergency
water main interconnection intergovernmental agreement and related legal services as may be
assigned by the Village's Director of Public Works and Engineering, in consultation with the
Village Manager and Village President, and pursuant to the engagement letter attached hereto and
incorporated by reference as Exhibit A (the "Engagement Letter"); and
WHEREAS, the Village's corporate authorities find that it is in the Village's best interests
for the protection of the public health, safety, morals and welfare to approve the appointment of
special counsel to provide legal services regarding emergency water main connection pursuant to
the terms and conditions of the Engagement Letter and this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village's corporate authorities adopt the foregoing
recitals as if fully set forth herein as Section 1 to this Resolution.
SECTION 2: APPOINTMENT OF SPECIAL COUNSEL. Pursuant to Section 2-70
of the Village's Municipal Code and the Village's home rule authority, the Village President
appoints, with the advice and consent of the Village Board of Trustees, Donahue & Rose, P.C., as
special counsel to provide legal services regarding an emergency water main interconnection
intergovernmental agreement and related legal services as may be assigned by the Village's
Director of Public Works and Engineering, in consultation with the Village Manager and Village
President, and pursuant to the terms and conditions of the Engagement Letter and this Resolution.
SECTION 3: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its approval as provided by law.
AYES: Benton, Berg, Jacoby, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: March 21, 2022
APPROVED: March 21, 2022
RESOLUTION NO: R-22-21
Daniel C. Shapiro, Mayor
ATTEST:
IIAJ-e�'
Kent . Street, Village Clerk
EXHIBIT A
(The Engagement Letter)
DONAJH�UE '; R�OS'�, P'C'
9501 W. Devon Ave., Ste. 702
Rosemont, IL 60018
www.drlawpc.eom
John F. Donahue Barbara A. Adams
Matthew D. Rose Jason R. Blumenthal
Judith. N, Kolman
mrose@drlawpc.com 312-541-1078
February 8, 2022
By Email
Robert Phillips, P.E.
Director of Public Works and Engineering
Village of Deerfield
465 Elm St.
Deerfield, IL 60015
rphillips@deerfield.il.us
Re: Engagement Letter for Emergency Water Interconnection Agreement
Dear Mr. Phillips:
Please allow this letter to confirm the retention of Donahue & Rose, P.C. ("D&R")
to represent the Village of Deerfield ("Deerfield") as special counsel to provide
legal services pertaining to an emergency water interconnection agreement with
the Village of Northbrook ("Northbrook") and related work (the "Project"). D&R's
engagement for the Project shall be effective upon the approval of D&R's
appointment by Deerfield's Board of Trustees. Matthew Rose will be primarily
responsible for this engagement. Barbara Adams will also provide assistance
given her considerable special experience in local government water law issues.
D&R offers to provide the legal services for the Project at the same $375 hourly
rate for special counsel services which D&R charges to the City of Joliet ("Joliet")
for Joliet's alternative water source project. D&R further offers to keep this
hourly rate firm for the duration of this engagement. D&R bills on increments of
one -tenth (0.1) of one (1) hour. D&R does not bill for travel time relating to the
Project, nor does D&R anticipate using a paralegal or associate attorney for the
Project. D&R will email monthly invoices to you unless directed otherwise.
Out -of -Pocket Costs and Expenses: D&R may incur out-of-pocket expenses as
part of our services to Deerfield. In some cases, D&R will advance such expenses
on Deerfield's behalf. D&R will itemize the expenses on D&R's invoice. Examples
of such expenses may include fees charged by governmental bodies (e.g., filing,
recording, certification, or registration), postage, overnight courier services, and
non -routine professional photocopying charges. D&R will coordinate with before
Page 1 of 2
incurring such expenses.
Furthermore, as we previously discussed, Barbara Adams and her prior firm,
Holland & Knight LLP, previously performed legal services for Northbrook, but
has not done so since March 2020. D&R does not believe that there is a conflict
of interest which prevents D&R's representation of Deerfield in this matter. D&R
does not believe that Barbara Adams or her prior firm represented Northbrook
in any matter relating to the Project. Moreover, the interests of Deerfield and
Northbrook with respect to the Project do not appear to be materially adverse. In
the event that there might be a conflict of interest, D&R will promptly inform
Deerfield and Northbrook of said conflict, and D&R may have to withdraw from
representing Deerfield in this matter.
Finally, thank you for this opportunity to represent Deerfield as special counsel
for the Project. We appreciate your consideration and trust. We look forward to
working with you and Deerfield in this matter.
Please contact me with any questions.
Sincerely,
Matthew D. Rose