Rainbow selects Nossaman LLP as legal counsel

Nossaman LLP has been selected as the legal counsel for the Rainbow Municipal Water District.

The Rainbow board considered a contract with Nossaman for general counsel and special counsel services, and the Oct. 27 vote to approve the contract was 4-0 with Helene Brazier abstaining.

On June 28, Rainbow's board directed staff to issue a request for proposals for general counsel services.

"The district went through a comprehensive RFP process," said Rainbow general manager Tom Kennedy.

A review process culminated in a decision during the closed session portion of Rainbow's Sept. 27 board meeting. Kennedy and board president Dennis Sanford were authorized to open negotiations with Nossaman for specific contract terms which would be brought back to the board for approval.

The contract with Nossaman has two types of services. General counsel services for the board and for the district general manager are covered under a pre-negotiated retainer rate which is lower than Nossaman's normal rates. Rainbow will pay a retainer of $149,100 each year for up to 420 hours of general counsel work and will pay $325 per hour for general counsel services beyond 420 hours.

The normal Nossaman rate structure includes one-way travel costs to meetings, but Rainbow's contract with Nossaman waives that for the 11 regularly-scheduled board meetings (Rainbow has a combined meeting for November and December).

The rate for special counsel services will apply if Nossaman is representing Rainbow on litigation including judicial or administrative actions and will also be in effect for bond and financial services, complex real estate transactions or design-build contracts (routine work such as preparation and review of standardized contracts or title shall be considered general counsel activity), legislative representation, work requested by development projects or other legal services requested by outside parties, Local Agency Formation Commission annexation or other matters, or other complex matters if Nossaman and Rainbow mutually agree those services would merit special counsel activity. The hourly rate for partners varies between $400 and $475 depending on the attorney involved. The hourly rate for associates will be $270 or $360, and the hourly rate for paralegals will be between $95 and $200.

The Nossaman charges also include $1.00 per fax page and $0.20 per photocopy page.