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HomeMy WebLinkAboutLamb & Barnosky, LLPSouthold Town Board - Letter Board Meeting of July 13, 2010 RESOLUTION 2010-508 ADOPTED Item # 5.11 DOC ID: 6031 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-508 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Lamb & Barnosky, LLP in connection with professional services provided on all labor relations and employment law matters for the period July 1, 2010 through June 30, 2013, at a fee of Thirty-eight Thousand ($38,000.00) Dollars per year for the period July 1, 2010 - June 30, 2011; Forty Thousand ($40,000) Dollars per year for the period July 1,2011 - June 30, 2012; and Forty-two Thousand Five Hundred ($42,500) Dollars per year for the period July 1, 2012 - June 30, 2013, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated July 13, 2010 Page 16 ORIGINAL Hon. Scott Russell Town Supervisor Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 LAMB & BARNOSKY, LLP ATTORNeyS AT LAW 534 BROADHOLLOW ROAD, SUITE 210 PO BOX 9034 MELVILLE, NY 11747-9034 631.694.2300 e FAX: 631.694.2309 June 29, 2010 Dem' Supervisor Russell: 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, 2010 through June 30, 2013, at a fee of $38,000 per yeai- for the period July 1, 2010 - June 30, 2011; $40,000 per year for the period July 1,2011- June 30, 2012; and $42,500 per year for the period July 1, 2012 - June 30, 2013; payable in equal advance quarterly installments. Responsibility and Team Members 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. Mike Kmuthamer and I will continue to be the pr/mary attorneys responsible for handling the Town's matters. Scope of Engagement 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 one ......... round each of eolteotive bargaining-negotiations with the PBA. and CSEA traits, but-.- exclusive of administrative hearings, arbitrations and other litigation. LAMB ~ BA~OSKY~ LLP Hon. Scott Russell June 29, 2010 Page 2 Keeping You Informed The Finn is committed to keeping the Town informed about our work on the matter. This includes letting the Town know who is working on matters assigned to us, updating the Town on progress of those matters, advising the Town of any potential problems or delays, and keeping the Town notified of costs. To this end, the P~irm will provide the Town with a report on the status of matters assigned to us as regularly as the Town requires. In the event that the Town needs to reach one of our attorneys and the person sought is unavailable, please leave a message describing the nature and urgency of the inquiry. It is the Finn's policy to promptly respond to all inquiries. Fees, Expenses and Billings Legal Fees If requested to represent the Town for administrative hearings, arbitrations, other litigation or other matters outside of the scope of the retainer, we shall continue, for the period July 1, 2010 - June 30, 2011, to bill $250 per hour for a partner's or counsel's time, $200 for an associate attorney's time, and $130 per hour for recent law graduates, legal interns, summer associates and paralegal assistants time. For the period July 1, 2011 - June 30, 2012, these rates shall be $255 per hour for a partner's or counsel's time, $205 for an associate attorney's time, and $135 per hour for recent law graduates, legal interns, summer associates and paralegal assistants time. For the period July 1, 2012 June 30, 2013, these rates shall be $260 per hour for a partner's or counsel's time, $210 for an associate attomey's time, and $140 per hour for recent law graduates, legal interns, summer associates and paralegal assistants. It is understood that our firm regularly reviews and adjusts its rates each year, and that any change in our rates will be made only upon prior notice to the Town. We will continue to bill our time in quarter-hour increments. Payment of fees and expenses billed shall continue to be due within 30 days of invoice date. The Town shall advise LAMB & BAKNOSKY, LLP of any difference it may have with any invoices within 30 days of receipt of the invoice, but agrees to pay the undisputed portion of any invoice within 30 days of receipt of the invoice. Th6 Town will also continue.lo he responsible for reasonable costs and expenses incun'ed. These costs and.expenses may include charges for messenger services or overnight delivery, emergency secretarial overtime specifically generated by and ................. resuiting solely from your emergency. . .... needs~ court fees~, travel.__ex~penses, postage, for large ... mailings, long distance telePh0~e,-c-~mp~iz-ed legai ~-e~-~u~h, 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 ~B ~C BA~lqOSKY~ LL1~ Hon. Scott Russell June 29, 2010 Page 3 consultants) may be billed to the Town directly by the provider of those services. Billing Arrangements Statements of fees, disbursements mad charges will be sent to the Town by the Firm on a monthly basis, with payment to be made within 30 days of receipt of the invoice. Please note that the Firm reserves the right to impose a late charge at the rate of 12 percent per asmum on past due accounts, if the Town anticipates that payment will be delayed, please discuss this delay with me at the earliest possible opportmfity. If the Town has any questions regarding an invoice, please contact me so that I can try to promptly answer them. Communication Technology · As lawyers, we are always mindful of our obligation to safeguard our clients' proprietary, sensitive, or otherwise confidential information. To this end, it is important that we agree from the outset the ldnds of communication technology which will be employed in the course of this engagement. If there are particular forms of communication technology which you do not wish us to use, or if there are other specific safeguards which you would like us to implement, please advise us promptly. If the Town does not so advise us, we will assume that it has given its consent to, and accepted any risks attendant upon, the use of any means of communication which we deem to be appropriate including, but not limited to, cell phones, electronic mail, and facsimiles. Files Generally, the Firm retains clients' files for at least seven years after conclusion of the matter for which representation was provided. However, once the matter has been concluded, and full payment thereof has been made, the Town may take possession of the files at any time by delivering a written and signed request to the Firm. lC, upon the expi.ration of seven years after conclusion of the matter, no such request has been received, the Firm reserves the fight to destroy the files without further notice to the Town. Questions and Termination The Town may discharge us at any time. We n~y withdraw at any time with the Town's consent or for good eanse without your consent. Good cause inehides the Town's breach of this Agreement (including its failure to pay any statement when due), t~iihre~o-~;~vi~t~ full and accUrate informa~i~h as ;~xi~ ;~fu~i[ or~iure 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 Hon. Scott Russell June 29, 2010 Page 4 Town of its obligations for ta~paid fees and expenses or to pay for time incun'ed prior to the termination. Any disputes over fees that we cannot resolve maybe subject to arbitration pursuant to Rule 137 of the Rules of the Chief Administrator of the New York Courts. Resolution of Disputes- Mediation and Arbitration Although we do not expect that differences will arise between us, as lawyers we recognize that disagreements can happen and it is therefore wise to agree upon a procedure for fairly and expeditiously resolving them. Accordingly, any dispute, controversy or claim arising out of or relating to our rendering of professional services to the Town or our fees, disbursements and charges will first be submitted to private, confidential non-binding mediation with a mediator jointly selected by the Town and the Firm. If resolution through mediation is not possible, any such dispute, controversy or claim will be finally resolved by private, confidential binding arbitration, as follows: (1) to the extent that the New York Fee Dispute Resolution Program (Part 137 of 22 NYCRR), which provides for the informal and expeditious resolution of fee disputes between attorneys and clients, applies to the dispute, controversy or claim, then resolution thereof will be in accordance with the rules and procedures of the Fee Dispute Resolution Progrtun (a copy is available upon request); (2) if the Fee Dispute Resolution Program does not apply to the dispute, controversy or claim, then the arbitration will be conducted in Suffolk County in accordance with the Commemial Arbitration Rules of the American Arbitration Association, and any decision or award issued in the arbitration shall be final and non-appealable. Entire Agreement This letter represents the entire agreement between us concerning the terms and conditions of this engagement. By signing below, the Town acknowledges that this letter has been reviewed and understood and that the Town agrees to be bound by its terms and conditions. By signing this retainer letter, the Town consents to being listed as one of the Firm's clients in any of our promotion-related materials or activities. The Town's permission to be listed can be revoked by the Town at any time. No change or waiver of any of the provisions of this letter will be binding on either the Town or the Firm unless the change is in writing and signed by both the Town and us. If this agreement is acceptable, please sign and return the original of th/s letter and retain the signed copy for the Town's files. Kindly also attach.for our records a copy o_!~ th_e._~_o_._.wj/_~.B, oard mi!~.u~e~ ¢~tain~ng the Resolution au~o~.z._i_ng..thi~ ~er, LAMB ~ [~ARIqOSKY, LLF Hon. Scott Russell ~une 29~ 2010 ' Page 5 RKZ/z I look forward to continuing our long standing professional and personal relationship with the Town. Very truly yours, AGREED TO AND ACCEPTED: TOWN. HOLD By: $co~t ~~ MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL 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 July 19, 2010 Richard K. Zuckerman, Esq. Lamb & Barnosky, LLP 534 Broadhollow Road, Suite 210 P.O. Box 9034 Melville, NY 11747-9034 RE: Retainer Agreement w/Town of Southold Labor Relations and Employment Law Matters Period: July 1, 2010 through June 30, 2013 RECEIVED JUL 2 0 2010 Southold Town Clerk Dear Rich: I am pleased to enclose the updated and revised Retainer Agreement with Lamb & Barnosky that has been executed by Supervisor Russell together with a copy of the Town Board's resolution authorizing same. If you have any questions regarding the enclosed, please do not hesitate to call me. I thank you for your firm's excellent advice and counsel to the Town and look forward to working with you in the future. MDF/Ik Enclosures cc: Michael Krauthamer, Esq. (w/encls.) Hon. Scott A. Russell, Supervisor (w/encls.) Ms. Elizabeth A. Neville, Town Clerk (w/ends.) Mr. John Cushman, Comptroller (w/encls.)