The URL can be used to link to this page

Home My WebLink AboutCoverdale, John RESOLUTION 2023-222 ADOPTED DOC ID: 18936 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2023-222 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 14,2023: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to retain an outside investigator for claims made by a former employee. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell REE C 1EIVEDD o�oS�fEpf'�co F E 0 2 3 2023 COD Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone: 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Denis Noncarrow, Town Clerk From: Missy Mirabelli, Confidential Secretary to Town Attorney Date: February 22, 2023 Subject: Agreement with Dr. John Coverdale— Outside investigator Please be advised that Paul has reviewed and approved the referenced Agreement, this copy is for recording your office and a copy has been retained by this office as well. A copy of the resolution authorizing the Town to enter into agreement with Dr. Coverdale is also attached to this agreement If you have any questions, please do not hesitate to call. /mm LAMM & SKY, LLF VaARNO ATTORNEYS AT LAW TRUST, PERSONAL ATTENTION. RESULTS. 534 BROADHOLLOW ROAD,SUITE ZI 0 ALYSSA L.ZUCKERMAN PO Box 9034 PARTNER MELVILLE,NY 11747-904 (631)694.2300.0 FAX.(631)694.2309 DIRECT DIAL:(631)414.5864 DIRECT FAX:(631)414.6864 SERVICE BY FAX,EMAIL OR OTHER FORMS OF ELECTRONIC COMMUNICATION NOT ACCEPTED February 1.6,2023 VIA EMAILL UohnAcehterto U-s o'rkohicesolutions6com) Dr. John W. Coverdale The Center for Workplace Solutions Inc. 850-170 Montauk Highway Bayport,New York 11705 Re: Town of Southold Dear Dr. Co' verdale: This will confirm the arrangement whereby you will undertake to perform confidential services for Lamb&Barno.sky,LLP("L&B')with regard to our retention by the Town of Southold.as its labor counsel. We have been authorized and requested by the Town to retain an expert consulting fin-n that Will work under our direction.This work contemplates services of a character and' quality that are adjunct to our services as lawyers. This agreement,and all related terms,conditions and obligations,are made subject to, and'will be performed in complete compliance With,L&B's retention by the Town. The work that you will perform for us involves.a confidential workplace investigation regarding a workplace violence.complaint by a former employee. ..You are authorized to bill for your.services at your:cust,omgry billing rates,not to exceed $22$per hour of actual work performed,including travel time,plus reasonable.out-of-pocket expenditures.Actual work performed*includes document review and preparation of findings. Your fees will be determined based on the time expended d on the matter multiplied by your hourly rate.Alternatively,a mutually agreed-upon fixed 'fee may be applied for a distinctly defined project. Your bills will be submitted to,us in a format that is acceptable to both L' &B and the Town so that we can be reimbursed for your services.You, and not L&B,will assume the LAMB & BARNOSKY, LLP Dr.John Coverdale February 16,2023 Page 2 risk that the Town may fail or refuse to pay any or all parts of your fee following our submission of same to the Town. Communications between you and the Town,as well as communications between you and any attorney, agent or employee acting on the Town's behalf,will be confidential and made solely for the purpose of assisting counsel in rendering legal representation or advice to the Town. You will not disclose to anyone,without written permission fi-om L&B, the nature or content of any oral or written communications involving the Town.Nor will you disclose any information gained from the inspection of any record or document submitted to you,including information obtained from records or documents,or coming into your possession during the performance of services pursuant to this Agreement. You will also not permit inspection of any papers or documents by any third party(i.e.,other than L&B or authorized Town representatives)withouthaving received specific advance written permission.fxom L&B. All work papers,records, or other documents,regardless of their nature,and the source from which they emanate,will be held by you solely for our convenience and subject to our unqualified right to instruct you with respect to possession and control. Work papers,records, or other documents prepared by you,or under your direction including,but not limited to,notes, memoranda,reports,correspondence,schedules,analyses and findings,belong to L&B. As part of this Agreement,you will promptly notify L&B in writing of the occurrence of any one of the following events: 1. The exhibition or surrender of any documents or records prepared by you or submitted to you or someone under your direction,in a manner not expressly authorized by L&B pursuant to this Agreement. 2. A request by anyone to examine,inspect or copy these documents or records. 3. Any attempt to serve,or the actual service of,any court order,subpoena,or summons upon you that requires the production of any of these documents or records. Yoti will return all documents,records and work papers to L&B upon our request. This Agreement may be terminated by L&B at any time.It may also be terminated by you, upon 30 calendar days'prior written notice to L&B.If you terminate this.Agreement,you will immediately deliver a final statement to us,and also agree,as'a condition of being paid for same,to immediately turn over to L&B all documents,reports;working papers and any other work product(including,but not limited to,electronic communications)in your possession pertaining to your work for us,and.you further agree that'you will not keep copies of these doctunents. LAMB &e BARNOSKY, LLP Dr.John Coverdale February 16,2023 Page 3 Your signature below will conf rn your agreement to these terms and conditions. Very truly yours, LAMB&BARNOSKY,LLP By: � %A� AlysA L.Zuckerrn i ALZ/fI Acknowled d an greed to By: r. o o er e Date: