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Home My WebLink AboutKombrink, Lisa Clare RESOLUTION 2021-49 � a ADOPTED DOC ID: 16715 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-49 WAS ADOPTED AT THE ORGANIZATIONAL MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 5, 2021: RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Lisa Clare Kombr ink, Esquire, to provide legal counsel to the Land Preservation Department and authorizes the Supervisor to sign a 2021 Retainer Agreement. Compensation shall be billed at a municipal rate of$245.00 per hour for Lisa Clare Kombrink, Esq., and, on an as-needed basis for her Associate, Katerina Grinko, Esq., to provide legal services to the Land Preservation Department on a limited basis. Additional expenses subject to reimbursement shall include, but are not limited to, travel time, courier or messenger services,photocopies, telephone calls, telecopies, and postage. Invoices submitted monthly under the terms of this retainer agreement shall be a legal charge to the 2021 Community Preservation Fund budget CM.8660.2.500.100 (Legal Counsel). a l d Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Dinizio Jr,Doherty, Ghosio, Evans, Russell OFFICE LOCATION: MELISSA A. SPIRO *0 SU(/ry Town Hall Annex LAND PRESERVATION COORDINATOR ��AN Ol0 54375 State Route 25 w melissa.spiro@ton.southold.ny.us (comer of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 MAILING ADDRESS: www.southoldtownny.gov 0 �Q IrDUI�,� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED January 8, 2021 JAN 1 1 2021 Lisa Clare Kombrink, Esq. Twomey, Latham, Shea, Kelley, Southold Town Clerk Dubin& Quartararo, LLP P.O. Box 9398 Riverhead, NY 11901-9398 Re: 2021 Retainer Agreement Dear Lisa: Enclosed you will find Resolution No. 2021-49 that was adopted by the Southold Town Board on January 5, 2021, engaging your professional services as legal counsel to the Land Preservation Department on a limited basis with regard to the Town's farmland preservation program for the year 2021. The Town Board has agreed to and accepted the terms of your 2021 Retainer Agreement dated December 3, 2020, and Supervisor Scott A. Russell has executed said agreement on behalf of the Town. I am pleased to provide herein your copy of the fully executed 2021 Retainer Agreement with the Town of Southold. Sincerely, Melanie Doroski Associate Administrator enclosures cc: Southold Town Clerk w/ encs. Lisa C.Kombrink Twomey Latham 631.727.2180 S H E A, KELLEY, DUBIN & Q U A R T A R A R O, LLP Ikombrink@suffolklaw.com 33 West Second St December 3, 2020 P O Box 9398 Riverhead,NY 11901 VIA EMAIL and FIRST CLASS MAIL suffolklaw com Hon. Scott A. Russell, Supervisor Town of Southold P.O. Box 1179 Southold,New York 11971-0959 Re: 2021 Retainer Agreement Dear Supervisor Russell and Members of the Town Board: This letter confirms that our firm will serve as special counsel to the Town of Southold on a limited basis related to the Town's Land Preservation Program during the year 2021. In particular, I will continue to provide legal advice to Melissa Spiro and her Department in the purchase of development rights from WW Farms (Gail Wickham's property), and to assist the Town in transitioning to a new attorney for agricultural preservation matters. Associate Katerina Grinko will also assist me on an as-needed basis. Following completion of this work, I will be retiring from my practice as Special Counsel to the Town. All attorney time will be billed at a municipal rate of$245.00 per hour. In addition, you will be billed for such out-of-pocket expenses the firm may incur in providing services to you. Such expenses include, but are not limited to, charges for courier or messenger services, photocopies, telephone calls, and postage. (See Schedule A attached). Our office will continue to send invoices on a monthly basis. Thank you for the opportunity to be of service to the Town in land preservation matters for many years. Please confirm your agreement to this retainer by signing and returning the enclosed copy of this letter and Schedule A to us. Sincerely, XPi Lem �� Y4- Lisa Clare Kombrink LCK/lk Enclosure RiECENED AGREED AND UNDERSTOOD: Town of South d 0EC - 7 2020 By: RAND PRESERVATION DEPT Scott A. Russell, Supervisor Town of Southold SCHEDULE A RATES The firm's schedule of hourly billing rates for attorneys and other professionals is based on years of experience, specialization in training and practice, and over-all level of professional attainment. Our current hourly billing rate schedule is: Partners $245 per hour Associates $245 per hour Paralegals $125-$235 per hour The principal factor in rendering a fee for services is the hourly billing rate of the attorney(s) or other professional(s) who worked on the client's matter multiplied by the actual time expended. We reserve the right to increase our hourly fees each calendar year. EXPENSES There are two categories of expenses which the firm will bill in addition to its fee and which are the client's responsibility. 1. Out-of-pocket expenses such as travel costs, filing fees, messenger service, telephone and telefax charges, computer research, postage, overnight delivery, photocopies, authorized staff overtime, and other similar expenses. 2. Extraordinary expenses such as deposition costs, expert fees, printing costs, and other similar expenses which will be billed directly to the client and for which the firm disclaims responsibility. The rate schedule for these support services is set forth on the following page. BILLING PROCEDURES Our statements will be prepared and sent monthly or on a more appropriate basis and are payable within 30 days. The retainer will be applied to the above charges. If an account remains overdue for a period greater than 60 days, we reserve the right to charge interest upon the unpaid balance at the legal rate of 9% from the date the invoice is rendered until the date it is paid. We also reserve the right to request additional payments on account as advances toward anticipated fees and expenses, and if an advance payment is not made within 20 days of our request, we may elect to withdraw as counsel upon written notice, and you hereby consent to such withdrawal. TERMINATION OF REPRESENTATION The client always maintains the right to terminate the firm's representation upon written notice. Our firm will retain possession of all files and records until such time as a final payment for fees and expenses to date of the written notice is received. The copies of the files and records will be made available to the client upon receipt of final payment including the cost for photocopying. The firm reserves the right to limit or suspend our representation when the client fails to pay invoices for services rendered by the firm. In such an event, the client hereby consents to the withdrawal of the firm as its counsel of record in any continuing action, which withdrawal shall not relieve the client of its obligation to pay any fees and expenses incurred by it. If a fee dispute arises in this matter, the client may have the right to elect to resolve the dispute through arbitration pursuant to Part 137 of the Rules of the Chief Administrator, a copy of which will be furnished upon request. TWOMEY, LATHAM, SHEA, KELLEY, DUBIN & QUARTARARO, LLP Rate Schedule for Support Services Paper Duplication $0.10/page Duplication Supplies at cost Facsimile (local and long dist) $.10/outgoing page no charge - incoming page Authorized Overtime $40.00/hour Deliveries invoiced cost plus $5.00/delivery Online Research invoiced cost Telephone no charge-local calls cost—long distance Postage US Post Office cost Filing Fees invoiced cost Off-Site Files cost—pick-ups and deliveries no charge—storage Velobind $1.00/bind Color Duplicating $0.15/page CD-R Disks $0.25/disk DVD Disks $0.25/disk USB Drives $10.00/USB drive Hard Drives $150.00/Hard drive