HomeMy WebLinkAboutLamb & Barnosky ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS M_,kN_a-C-EMENT OFFICER
FREEDOM OF INFOtLMiiTION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldt own-nor~hfork.net
OFFICE OF TI-IE TOWN CLERK
TOWN OF SOUTHOLD
TI]IS IS TO CERTIFY THAT T}IE FOLLOWING RESOLUTION NO. 682 OF 2004
WAS ADOPTED AT T~E REGULAR MEETING OF TFIF~ SOUTHOLD TOWN BOARD
ON SEPTEMBER 21, 2004:
RESOLYED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a retainer agreement with Lamb & Barnosk¥ for
professional services on all labor retattons and employment matters for the years 2004-2007 at
the folloxving rales, in accordance with the Town Attorney's approval:
January 21, 2004 through January 20, 2005-- $25~000 per year
January 21, 2005 through January 20, 2006-- $26,000 per year
January 21, 2006 through January 20, 2007-- $27,000 per year
Elizabeth A. Neville
Southold Town Clerk
PATRICIA A. FINI~IEGAN
TOWN ATTORNEY
pat ricia.finnegan~town.southold_ny.us
KIERAN M. CORCOHAN
ASSISTANT TOWN ATTOHNEY
kie~an.corcoran@town.$au~l~old,ny.us
LOR[. H~J L SE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
lori.moutefusco@town.southoldx~y.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
JOSHUA Y. HORTON
Supervisor
Town Hall Annex, 54375 Routa 25
P.O. Box 1179
Southold, New York 11971~0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
October 4, 2004
Richard K. Zuckerman, Esq.
Lamb & Barnosky, LLP
534 Broadhollow Road, Suite 210
P.O. Box 9034
Melville, NY 11747-9034
RE: Retainer Agreement
Dear Rich:
I am enclosing your firm's Retainer Agreement dated August 23, 2004 for
the period January 21,2004 through January 20, 2007, which has been signed
by Supervisor Horton. For your records, I am also enclosing an original, certified
resolution authorizing Supervisor Horton to execute the Agreement.
If you have any questions regarding the enclosed, please do not hesitate
to contact me.
PAFtlk
Enclosures
cc: Hon. Joshua Y. Horton, Supervisor (w/encl.)
Members of the Town Board (w/end.)
Elizabeth Neville, Town Clerk (w/encl:)i
OCT. 1.2g04 1:557M L~m~ & B~r,osky, LLP NO. 1845~P. 2
LA_~m & BA~tNOSX¥, L~.,P
534 BRO.,,~Dr=,~t. OW ]ROAD, SU]~ 23.0
P-O. l)oX 9O.34
(e3~) ~oo
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August 23, 2004
Hon. Joshua Y. Ho~on
Tawn Supervisor
Tqwn of Southold
53095:Main Road
P.O. B~x 1179
So/tthc~id, NY 11971
Dear Supervisor Horton:
This will confu-'m thc Town's continued retention of thc law firm of LAMB &
BARNOSKY, LLP for professional services on all labor relations and employment law
matt~rs for thc period January 21, 2004 through Sanuary 20, 2007, at a fee of Twenty Five
Thousand ($25,000.00) Dollaxs per year for the period January 21, 2004 - January 20,
2005; Twenty Six Thousand ($26,000.00) Dollars per year for the period January 21,
2005 - January 20, 2006; and Twenty Seven Thousand ($27,000.00) Dorlars per year for
the period January 21, 2006 - January 20, 2007; payable in equal advance quarterly
installments.
Wc will continue to represent you by using lawyers who arc best suited to hand.lc
issues as they arise. Wc will continue to do everything we can to staffyour work
efficiently so that the charges you incur are reasonable and consistant with your
requirements. I will continue to bc the primary attorney responsible for handling the
Town' s matters,
The retainer shall continue to include our professional services on all matters on
which we are consulted pertaining to labor and employment law matters, including
collective bargaining negotiations with the PBA and CSEA units, but exclusive of
administrative hearings, arbi~-ations and other litigation.
OCT. 1,20z04 'J:55?M Lamb & Barnosky,
LLP N0.18~5 P. ~
Hen, Joshua Y. Horton
August 23, 2004
Page 2
If requested to represent the Town for administrative hearings, arbilxations and
other litigation, we shall continue to bill at a pre-agreed per diem f~, or at the rat~s set
forth m our prior retainer agreement with the Town. Effective September 1, 2004, those
rates shall be changed to Two Hundred Five ($205,00) Dollars per hour for a partner's
time, One Hundred Fitly Five ($I55.00) Dollars for an associate attorney's thne, and
Ninety Five ($95:00) per hour for recent law graduates, legal interns, summer associates
and paralegal assistants. :
Payment of fees and expenses billed is due within 30 ktays of invoice date. The
Town shall advise LAMB & BARNOSKY, LLP of any difference itmay have with any
invoices within 30 days. of receipt of the invoice, but agree to pay the undisputed portion
of any invoice within 30 days of receipt of such invoice.
Thc Town will also be responsible for reasonable costs and expenses incurred.
These costs and expenses may include charges for messenger services or overnight
delivery, emergency secretarial overtime specifically generated by and resulting solely
from your emergency needs, court fees, travel expenses, postage for large mailings, long
distance telephone, computerized legal research, investigative work and other charges
customarily invoiced by law firms in addition to fees for legal services. Extraordinary or
significant out-of-pocket expenses (e.g., for Iransohpts, experts, or consultants) may be
billed to the Town directly by the provider of those services.
The Town may discharge us at any time. We may withdraw at any time with the
Town's or for good cause without your consent. Good cause includes the Town's breach
of this agreement (including its 5ilure to pay any statement when due), failure to provide
full and accurate information as requested, refusal or failure co cooperate with us, or any
fact or circumstance that would render our continuing representation unlawful or
un~hical. Termination of our relationship shall not relieve the Town of its obligations for
unpaid fees and expens'es or to pay for time incurred prior to such termination. Any
disputes over fees that we ca~anot resolve may be subjeot to arbitration pursuant to Rule
137 of the Rules of thc Chief Administrator ofthe New York Courts.
If this agreement is acceptable, please sign and return the original of this letter and
retain the signed copy for thc Town's files. Kindly also attach for our records a copy of
the Town Board minutes containing the Resolution authorizh~g this retainer.
OCT. 1.2~004 1:55PM L~mb & 8arnosky, LLP N0.7845 P. 4
LAMB ~.,'~]~AR.14OSKY, LLP
Hon. Joshua Y. Horton
August 23, 2004
Page 3
We look for~eard to continuing our long and profcssi6nally rewarding an&
personally personable relationship with the Town!
Very truly ,yom-s,
AGREED TO AND ACCEPTED:
TOWN OF ~)UTHOLD