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Home My WebLink AboutKombrink, Claire RESOLUTION 2019-55 ADOPTED DOC ID: 14792 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-55 WAS ADOPTED AT THE ORGANIZATIONAL MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 2,2019: RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Lisa Clare Kombrink,Esquire, to provide legal counsel to the Land 'Preservation Department and authorizes the Supervisor to sign a 2019 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 partner, Martin D. Finnegan, Esq.;-for preparing contracts for and to provide legal services with regard to farmland acquisitions,'and•to• assist in other matters related to the Town's land preservation program. Time for her associate, . Katerina Grinko, will be billed at.$175.00 per hour: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 2019 Community Preservation_ Fund budget CM.8660.2.500.1'00 (Legal Counsel). Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty;Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio,Evans, Russell Twomey, Latham, Celebrating 0ur 45t1Yar MAILING ADDRESS Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398 Riverhead,New York 11901-9398 Attomeys at Law MAIN OFFICE Thomas A Twomey,Jr 33 West Second Street (1945-2014) Riverhead,New York 11901-9398 Stephen B Latham John F Shea,III Telephone:631.727.2180 Christopher D Kelley Facsimile:631.727.1767 David M Dubin o www.suffolklaw corn Jay R Quartararo t Peter M.Mott Janice L Snead Anne Marie Goodale Bryan C Van Cott Kathryn Dalli Laura Dunathan Lisa Clare Kombrink Patrick B Fife November 6, 2018 Martin D Finnegan. Reza Ebrahimi Jeffrey W Pagano Bryan J Drago i U i;i'r, �;I'f. r l,....� Bernadette E Tuthill Via Electronic and First Class Mail �� '�L `'J Craig H.Handler Alexandra Halsey-Storch Melissa S.Doris KatermaGrinko Hon. Scott A. Russell, Supervisor NOV 13 2018 Lorraine Paceleo Town of Southold Terrence Russell e Daniel R Bernard t. P.O. Box 1179 L DE}'?,OF LAND Christina Noon Southold New York 11971-0959 orcn:.F:VAT!Otd OF COUNSEL -�- Kevin M Fox Kelly E Kinirons Re: 2019 Retainer Agreement Karen A Hoeg Patricia J Russell Jennifer P Nigro- Dear Supervisor Russell and Members of the Town Board: 0 NY A LA BARS f LLM IN TAXATION • NY&NJ BARS NY,NJ 6 PA BARS This letter confirms that our firm will serve as special counsel to the Town of • NY,NJ&FL BARS Southold in certain matters related to the Town's Land Preservation Program during the year 2019. I will continue to provide legal advice to Melissa Spiro and her Department, prepare and negotiate agreements for the purchase of development rights, including contracts and conservation easements, attend closings, and perform any needed legal research related to these duties. My work will continue to focus on the Farmland Preservation Program, including advice to Melissa, the Town Board and the Land Preservation Committee regarding policy issues, as necessary. My partner, Martin Finnegan, and Associate, Katerina Grinko, will also assist me on an as-needed basis. My time and Martin's time from January 1, 2019 through December 31,2019 will be billed at a municipal rate of$245.00 per hour. Katerina's time will be billed at $175.00 per hour. In addition,you will be billed for such out-of-pocket expenses the OTHER OFFICE LOCATIONS firm may incur in providing services to you. Such expenses include, but are not limited 20 Main Street to, charges for courier or messenger services, photocopies, telephone calls, and postage. East Hampton,NY 11937 631.324 1200 See Schedule A attached hereto. Our office will send invoices on a monthly basis. We 51 Hill Street have worked closely with Melissa Spiro and Melanie Doroski to keep legal expenses on Southampton,NY 11968 these matters at a reasonable level, with continued emphasis on efficiency and 631 287 0090 coordination. We will continue these efforts. 490 Wheeler Road Suite 150 Hauppauge,NY 11788 I have enjoyed representing the Town in this very important work. If you have 631265-1414 any questions on our past work or as we move forward, please feel free to call me. 56340 Main Road P.O.Box 325 Southold,NY 11971 631.765 2300 Hon. Scott A. Russell November 6, 2018 Page 2 of 2 Please confirm your agreement to this retainer by signing and returning the enclosed copy of this letter and Schedule A to us. I look forward to working with you and thank you for the opportunity to be of service to the Town of Southold. Sincerely, Lisa Cl 'e Kombrink LCK/lk Enclosure AGREED AND UNDERSTOOD: Town of Sout ld By: Sco A. Russell, Supervisor 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: Senior Partners $425-$600 per hour Partners $375-$510 per hour Associates $220-425 per hour Paralegals $125-$275 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 Town of So old Dated: III'L/ By Sc tt A. Russell, Supervisor OFFICE LOCATION: MELISSA A. SPIRO *QF SQ(�jy Town Hall Annex LAND PRESERVATION COORDINATOR �� 010 54375 State Route 25 melissa.spiroC&town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 MAILING ADDRESS: www.southoldtownny.gov P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 15, 2019 RECEDE® Lisa Clare Kombrink, Esq. JAN 1 6 2019 Twomey, Latham, Shea, Kelley, Dubin & Quartararo,-LLP Southold Torn Clerk P.O. Box 9398 . -Riverhead,NY 11901-9398 Re: 2019 Retainer Agreement Dear Lisa: Enclosed you will find Resolution No. 2019-55 that was adopted by the Southold Town Board on January 2, 2019; engaging your professional services as legal counsel to the Land Preservation-Department with regard to farmland acquisitions and other matters relating to the Town's land preservation program for the year 2019. The Town Board has agreed to and accepted the terms of your 2019 Retainer Agreement dated November 6, 2018, and Supervisor Scott A. Russell has executed' said agreement on behalf of the Town. I am pleased to provide you herein with your copy of the fully executed 2019 Retainer Agreement with the Town of Southold. Sincerely, Melanie Doroski Sr. Administrative Assistant enclosures cc: Southold Town Clerk w/ encs.