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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