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Home My Public Portal About2000-03-02 RDA Workshops� MEMORANDUM TO: Hon. Mayor and Town Council FROM: Town Attorney1D� DATE: February 23, 2000 SUBJECT: Town of Truckee adv. County of Nevada Outside Counsel Agreement gacoMMmmded Action: Authorize Town Manager to execute agreement with Sabo and Green. Issue Statement and Discussion: When the Town and the Redevelopment Agency were first sued by Nevada County there were hopes that the case could be settled as a result of better communication. For that reason, the matter was handled by the Town Attorney without involving outside specialty counsel. Settlement appears highly unlikely at this point, and Nevada County has employed special counsel. it is therefore recommended the Town do the same. A Council subcommittee, the Town Manager, the Community Development Director and the Town Attorney interviewed three firms with extensive experience in redevelopment litigation. The firm of Sabo and Green was the unanimous choice. The firm recently concluded the successful defense of the Mammoth Lakes Redevelopment Plan at the trial court level and has fully briefed that case on appeal. Oral argument on the appeal is pending. The base of knowledge the Mammoth case has created should serve Truckee well in the Nevada County case, since there are many similarities. A proposed retainer agreement is attached. The rates proposed are competitive, and indeed, favorable. A budget of $50,000 for concluding the trial seems reasonable, given the nature of the case at this time. That will increase should a discovery dispute commence and/or an appeal need to be processed. Policy and/or Fi ciallair t�'ons: None not previously discussed. At some point an agreement with the Redevelopment Agency will be required, but that can be done when the Agency next meets. c: Charles Green truckee\nevada\jdc-cc.lm TO -d dOS:Z0 00-£Z-qad 35325 DATE PALM DRIVE SUITE 2)2 CATs 11-OKAL CITY, CA 922311 (760)'7704)171 1+AX (760) 770.177,4 SABO & GREEN, LLP A LIMITED IA811.11 Y PAR7NUSNIP KITORNEYS AT LAW 23NOI CALALIASAS ROAD S11Mi 1015 ('A1.ARASA5,(:A1II70RNIA 913112 (81H)704-0195 1 -AX (818) 704-0729 Internet: www.sabogreen.com February 2.2., 2000 Stephen L. Wright Town Manager & Redevelopment Agency Director Town of Truckee 11570 Donner Pass Road Truckee, CA 96161 2M NORTH "li" N I'lllrET SI:ITF 300 SAN I1kItNARDIN0. CALIFORNIA 92401 (9119) 113.9.173 FAX (40')) IRIA.1711 Re: Provision of Legal Services Dear Mr. Wright: Dircel E-mail Addreas' c grccn@sahugreen. cam As requested, Sabo & Green, I,LP (the "Firm") is submitting this retainer agreement for your approval with respect to the provision of litigation services to the Town of Truckee and its Redevelopment Agency (individually and collectively the "Town") with regard to that certain litigation between cbe Town and l:he County of Nevada arising out of the formation by the Town of a redevelopment project area and the adoption of a redevelopment plan for that area. With regard to the provision of services to the Town, this Firm will provide guidance, advice and representation in connection with any and all legal issues and problems arising with regard to the foregoing litigation through judgment, and appeal, if applicable, including assistance in the preparation of the administrative record. The Firm will provide the services usually required in such litigation matters, keep the Town's designated representatives informed of progress and developments, and respond promptly to the Town's inquiries and communications. The Firm's services to be billed for will include, but not be limited to, conferences, court sessions, depositions, correspondence, and preparation and review of .legal documents, legal. research, telephone conferences, travei and preparation and any review required for these tasks. ZO'd d09=Z0 00—EZ—qad Stephen L. Wright February 22, 2000 Page 2 The Firm shall provide the foregoing services on a time and expenses basis. Although the litigation services to be performed hereunder are of a specialized nature, the Firm has agreed that all services shall be billed to the Town at the Firm's regular billing rates of.: (a) one hundred fifty dollars ($150.00) per hour for senior attorneys; (b) one hundred forty dollars ($140.00) per hour for junior attorneys; and (c) ninety dollars ($90.00) per hour for law clerks, paralegals and legal assistants. Fees are charged in minimal increments of one-tenth of an hour.. The Firm shall be compensated on monthly statements for such services, plus out-of-pocket expenses for such items as travel, long distance telephone calls, messenger service, express delivery services, telecopying, photocopying and other similar items. 'rhe Firm charges for duplicating copies of documents (currently at $0.20 per page) and facsimile transmission (currently at $1.00 per page for incoming documents and $2.00 for the first page and $1.00 thereafter for outgoing documents). Fees, charges and costs paid to third party consultants approved by the Town (if any) will be invoiced at the Firm's costs, with the understanding that the Town will advance any such costs which are expected to exceed $1,000 in a 30 day period. The Firm periodically reviews its fees and charges but will make no change to this arrangement with the Town without the prior permission of the Town. We will provide the Town with monthly billing invoices showing the services provided and the amounts incurred to date. The Firm will minimize internal conferences between attorneys of the Firm, limiting time spent in such conferences to that reasonably required for efficient_ representation of the Town. The Firm will. expect payment of all invoices within thirty (30) days of their receipt by the Town and will impose no interest charges on payments received within sixty (60) days. Payments made more than sixty (60) days after receipt of the statement may bear interest at ten percent (10%) from the sixtieth (60th) day. £O'd dO9=ZO oo-£Z-qad Stephen L. Wright February 22, 2000 Page 3 If the terms of this Agreement are satisfactory, please indicate acceptance hereof by the 'Down by executing the acceptance in the form provided below and return an executed copy thereof to this office. We look forward to being able to provide our representation to the Town. CRG:law Very truly yours, SABO & GRE N, LLP Charles R. Green AGREEMENT TO RETAIN COUNSEL Sabo & Green, LLP, a California limited liability partnership, is hereby employed in accordance with the terms and provisions of the foregoing letter to provide litigation counsel services. f-SYN101-0 P:\APPS\WPDATA\TRUC\0001\DrJC\004.WPD TOWN OF TRUCKEE & REDEVFLOPMENT AGENCY FOR THE TOWN OF TRUCKEE Sy: STEPHEN L. WRIGHT Town Manager & Redevelopment Agency Director ti0'd dT9=ZO oo-£Z-qaA