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Home My WebLink AboutLamb & Barnosky, LLPELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-583 Resolution ID: 1153 Meeting: 09/27/05 07:30 PM Department: Accounting Category: Contracts, Lease & Agreements THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-583 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with Lamb & Barnosky~ LLP in connection with professional services provided on all labor relations and employmem law matters for the period July 1, 2005 through June 30, 2010, at a fee of Thirty Thousand ($30,000.00) Dollars per year for the period July 1, 2005 - June 30, 2006; Thirty Two ($32,000) Dollars per year for the period July 1, 2006 - June 30, 2007; Thirty Four ($34,000) Dollars per year for the period July 1, 2007 - June 30, 2008; Thirty Six ($36,000) Dollars per year for the period July 1, 2008 - June 30, 2009; and Thirty Eight ($38,000) Dollars per year for the period July 1, 2009 - June 30, 2010, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk A.~o~¥s AT 534 RROADHOLLOW ROAD, SUITE 210 PO BOX 9034 MELVILLE, NY 11747-9034 631.694.2.300 · FAX: 631.694.2309 July 18, 2005 Hon. Joshua Y. Horton Town Supervisor Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Supervisor Horton: SEP 2 7 2005 This will confirm the Town's continued retention of the law firm of LAMB & BARNOSKY, LLP for professional services on all labor relations and employment law matters for the period July 1, 2005 through June 30, 2010, at a fee of Thirty Thousand ($30,000.00) Dollars per year for the period July 1, 2005 - June 30,.2006; Thirty Two ($32,000) Dollars per year for the period July 1, 2006 - June 30, 2007; Thirty Four ($34,000) Dollars per year for the period July 1, 2007 - June 30, 2008; Thirty Six ($36,000) Dollars per year for the period July 1, 2008 - June 30, 2009; and Thirty Eight ($38,000) Dollars per year for the period July 1, 2009 - June 30, 2010; payable in equal advance quarterly installments. We will continue to represent you by using lawyers who are best suited to handle issues as they arise. We will continue to do everything we can to staff your work efficiently so that the charges you incur are reasonable and consistent with your requirements. I will continue to be 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, arbitrations and other litigation. LAMB & BARNOSKY, LLP Hon. Joshua Y. Horton July 18, 2005 Page 2 If requested to represent the Town for administrative heatings, arbitrations and other litigation, we shall continue to bill at a pre-agreed per diem fee, or at the rates set forth in our prior retainer agreement with the Town. Effective upon the Town Board's approval of this Agreement, those rates shall be Two Hun&ed Twenty Five ($225.00) Dollars per hour for a parmer's time, One Hundred Sixty Five ($165.00) Dollars for an associate attorney's time, and One Hundred Ten ($110.00) per hour for recent law graduates, legal interns, summer associates and paralegal assistants. It is understood that our firm regularly review~ and adjusts its rates each year, and that any change in our rates will be made only upon prior notice to the Town.. Payment of fees and expenses billed is due within 30 days of invoice date. The Town shall advise LAMB & BARNOSKY, LLP of any difference it may 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. The 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 transcripts, 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 with&aw at any time with the Town's consent or for good cause without your consent. Good cause includes the Town's breach of this agreement (including its failure to pay any statement when due), failure to provide full and accurate information as requested, refusal or failure to cooperate with us, or any fact or circumstance that would render our continuing representation unlawful or unethical. Termination of our relationship shall not relieve the Town of its obligations for unpaid fees and expenses or to pay for time incurred prior to the termination. Any disputes over fees that we cannot resolve may be subject to arbitration pursuant to Rule 137 of the Rules of the Chief Administrator of the New York Courts. If this agreement is acceptable, please sign and return the original of this letter and retain the signed copy for the Town's files. Kindly also attach for our records a copy of the Town Board minutes containing the Resolution authorizing this retainer. LAMB ¢~, BARNOSKY, LLP Hon. Joshua Y. Horton July 18, 2005 Page 3 I look forward to continuing our long standing professional and personal relationship with the Town! RKZ/z AGREED TO AND ACCEPTED: TOWN OF SOUTHOLD ' By: //~//~/~~ Very truly yours, ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdtown.nor thfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 29, 2005 Mr. Richard Zuckerman Lamb & Bamosky, LLP P O Box 9034 Melville NY 11747-9034 Dear Mr. Zuckerman: The Southold Town Board at their regular meeting held on September 27, 2005 adopted resolution No. 2005-583 retaining the services of Lamb & Bamosky for the period July of 2005 through June 30, 2010. Enclosed is a certified copy of the resolution and the signed agreement letter as you requested. Very truly yours, Southold Town Clerk /ljc Enclosures cc: Supervisor Town Attorney Town Comptroller PATRICIA A. FINNEGAN TOWN ATTORNEY pat ricia.finnegan~',town.southold.ny.us KIERAN M. CORCORA/q ASSISTANT TOWN ATTORNEY kieran.corcoran ~' town.sour hold.ny.us LORI HULSE MONTEF[ISCO ASSISTANT TOWN ATTORNEY lori.montefusco~,town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631~ 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms. Joanne Liguori Lynne Krauza Secretary to the Town Attorney September 27, 2005 Lamb & Barnosky Retainer Letter Please be advised that Pat has reviewed and approved the attached retainer letter for Lamb & Barnosky. A resolution authorizing Josh to sign it is on today's Agenda. In this regard, kindly have Josh sign the attached retainer where indicated and return it to Betty, with a copy to us and John Cushman. Thank you for your attention. If you have any questions, please call me. /Ik Enclosure cc: Ms. Elizabeth Neville, Town Clerk (w/encl.)