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HomeMy WebLinkAboutLamb & Barnosky, LLPRESOLUTION 2013-555 ADOPTED DOC 1D: 8974 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-555 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16,2013: RESOLVED that the 'Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Retainer Agreement with Lamb & Barnosky, LLP in connection with professional services provided on all labor relations and employment law matters for the period July 1, 2013 through June 30, 2016, at a fee of Forty-five Thousand ($45,000.00) Dollars per year for the period July 1, 2013 — June 30, 2014; Forty-seven Thousand Five Hundred ($47,500) Dollars per year for the period July 1, 2014 -- June 30, 2015; and Fifty Thousand ($50,000) Dollars per year for the period July 1, 2015— June 30, 2016, subject to the approval of the Town Attorney. C"0604&a' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 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 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD July 31, 2013 Richard K. Zuckerman, Esq. Lamb & Barnosky, LLP 534 Broadhollow Road, Suite 210 P.O. Box 9034 Melville, NY 11747-9034 SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 11.79 Southold, New York 1.1.971-0959 Telephone (631) 765-1.939 Facsimile (631) 765-6639 RE. Retainer Agreement for the Period 711113 through 6130116 Dear Rich: As promised, enclosed please find the original Retainer Agreement dated July 15, 2013, which has been executed by Supervisor Russell for your records. Also enclosed is a copy of Resolution No. 2013-555 approving same. Thank you. Very truly yours, Lynne Krauza Secretary to the Town Attorney Ilk Enclosure cc: John Cushman, Comptroller CATHI-CEN D. ALLEN EUGENE R, GARNOSKY SHARON N. BERLIN, ROBERT H. COHEN MICHELLE S. FEL€7MAN MARCIA L. FINKELSTEIN STEVEN GOOSBERG MFCHAEL J-. I TELLER" SCOTT' M, KARSON R.L LAMB ARTHUR A, LANE JOEL M. MARKOWITZ AL.YSON MAi'HEWS JEFFREY A. Z.ANKLL. RICHARD K- ZUCKERMAN COUNSEL THEODORE. D. ITZKOWITZ DOUGLAS E. LIBBY DIANE J. MOFFET JEFFREY MONGELLI HON ivSICFIACL.. F. MULLEN RITA FISHMAN SHEENA ROBERT E. WATERS Hon. Scott Russell Town Supervisor Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Supervisor Russell: LAMB &. BARNOSKY) LLP 11'L"L'oRN1:Ys AT l AW 534 BROADHOLLOW ROAD, SUITE 21 O PO Box 9034 MELVILLE, NY 11747-9034 631.694.2340 • FAX: 681.69.4.2309 INTERNET: WWW.LAMBBARNOSKY.(-,OM EMAIL: ATTORNEY'S INI7lAL5 0 k.AMBBARNosKY.CC)M �,CRVIC.I:. Ry t. M0%I L. fAX OR Or HER f-OQM. UP AI.FC: IRONIC Cc1.t 4UNICATKM Nett AC:C'Lf'TFL D July 15, 2013 Re. Lamb & Barno ky.,.. U OF QOUNSEI_ LLOYiD K. CHANIN GARY HOLMAN THOMAS A. O'ROURKE VIRGINIA ME.JICI WYLLY ASSOCIATE'S LINDSAY TOWNSEND CROCKER GREGORY A. GILLEN— CANDACE J. GOME.Z MARA N. HARVEY SAMANTHA KENT— ZACHARY C. LYON MATTHEW J. MEHNERT ADAM D, MICHAELSON" LAUREN SCHNITZER- MARGARET K. TERRY ALtSD ADM 17 TF0 IN CT — ALSO ADMITTED IN NJ RECEIVED JUL 16 2013 Town Attorneyrs Office Thank you for your and the "t'own's .interest in continuing our retention as special labor counsel. This letter will reconfirm the scope and terns of our representation and ensure that we have a clear understanding; of these matters from the outset. 1.. Scope of Engagement The scope of this representation will continue to include serving as the Town's special counsel for all labor and employment law .matters for the period July 1, 2013 through .lune 30, 2016. 2. Responsibility and Teams Members We will continue to represent you by using lawyers who are nest 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. Alyson Mathews and I will continue to be the primary attorneys responsible for handling the Town's matters. LAw & BARNOSKY, 1111 3. Keeping You rifornied Han. Scott Russell July 15, 2013 Page 2 The Firm is committed to keeping the Town informed about our work. This includes continuing to let 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 enol, the l=irzn will continue to 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 "['own needs to reach one of out' attorneys and the person sought is unavailable, please leave a inessage describing the nature and urgency of the inquit'y. It is the Firm's policy to promptly respond to all inquiries. 4. Fees, Expenses and Billings (a) Legales Our Tees for services will continue to be based upon a variety of facts, including the time and labor involved; the difficulty of the questions and the skill required to perforin those services properly; gime limitations imposed either by the Town or by the circumstances; the nature and length of the professional relationship between us; and the experience of the lawyers assigned to do the work. The hourly billing rates for attorneys and paralegals in our Firm vary and are re- adjusted periodically. Notwithstanding this fee schedule, we have agreed to a retainer arrangement that will continue to include our professional services on all labor and employment matters (except as set forth below) on which we are consulted, including one routed of collective bargaining negotiations with each of the C;SEA and PBA units, including mediation, fact finding, interest arbitration, drafting of the collective bargaining agreements with these units, consultation on the administration of the collective bargaining agreements and responses to any grievances before the filing for arbitration and attendance at related meetings on an as -needed basis. Excluded from the retainer are administrative hearings, arbitrations and other litigation, personnel matters involving individual employees, personnel investigations, threatened pre -litigation matters which are not, in the joint opinion of our Firm and the Town Attorney, routine issues otherwise covered by the retainer, and collective bargaining with any newly established units not listed above. The fee for this retainer will be $45,000 for the period July 1, 2013 -June 30, 2014; 547,500 for the period July 1, 2014-Jtuie 30, 2015; and $50,000 for the period July 1, 2015 -June 30, 2016; payable in equal advance monthly installments. (b) If requested to represent the Town for administrative hearings, arbitrations, other litigation or other matters outside of the scope of the retainer as defined above, we will bill, for the period July 1, 2013 -- June 30, 2014, $275 per hour for Richard K. 7uckertnan's time, $265 per hour for another partner's or counsel's tirne, $215 for an associate attorney's time, and $140 per hour for recent law graduates, legal interns, summer associates and paralegal assistants time. Effective for the period July 1, 2014 -._ June 30, 2015, these rates will be $285 for Richard K. LAMB & BARNOSKY, I,i.r Hon. Scott Russell July 15, 2013 Page 3 Zuckerman's time, $270 per hour for another partner's or counsel's time, $220 for an associate attorney's time, and $140 per hour for recent law graduates, legal interns, surnmer associates and paralegal assistants time. Effective for the period July 1, 2015 —June 30, 2016, these rates will be $295 for Diehard K. Zuckerman's time, $275 per hour for another partner's or counsel's time, $225 for an associate attorney's time, and $150 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. In the case of partners and. counsel, adjustment usually occurs in January of each year; in the case of associates, adjustment usually occurs when they step up to the next level of seniority. 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 will continue to be due within 30 days of invoice date. The 'Town will advise the firm of any differeace 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. (c) Disbursements_ and C"(taffies The 'Town will also continue to 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 directly billed to the Town by the provider of those services. (d) Billing Arrangements Statements of fees, disbursements and charges will continue to be sent to the "Town by the Firin 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% per annum on past due accounts. If the Town anticipates that payment will be delayed, please discuss this delay with us at the earliest possible opportunity. if the Town has any questions regarding an invoice, please contact us so that we may try to promptly answer them. 5. Communication 'Technology We continue to be mindful of our obligation to safeguard our clients' proprietary, sensitive, or otherwise confidential information. To this end, it is important that we continue to agree on the kinds of communication technology which will be employed in the course of this engagement, If there are particular forms of communication technology that the Town does not wish us to use, or if there are other specific safeguards that the Town would like us to put in place, please promptly advise us. If the Town does not so advise us, we will continue to assume LAMB & BARNOSKY, LLP IIon. Scott Russell. July 15, 2013 Page 4 that the Town has given consent to, and accented any risks attendant upon, the use of any means of communication that we deerri to be appropriate (including cell phones, electronic mail, and facsimiles). 6. Files Generally, the Firm retains clients' files for at least seven years after conclusion of the matter for which represwitation was provided. However, once the matter has been concluded, the Town may take possession of the tiles at any time by delivering a written and signed request to the Firm. If, upon the expiration of seven years after conclusion of the matter, no request has been received, the firm reserves the right to destroy the files without further notice to the Town. 7. Questions and Termination The Firm has procedures to address any issue that the Town would like to raise, and we encourage the Town to inform us if at any time our services do not meet your expectations. We will continue to strive to promptly address any problem and in a professional manner. You may end this relationship at any time by giving the Firm written notice, subject to your obligation to pay us according to the terms of this Agreement. The Firm, in turn, may withdraw thorn the representation upon written notice in the event that you fail to cooperate with Lis in any way that we may reasonably request, the Town fails to pay our invoices in full as submitted, or we determine in our reasonable discretion that it would be improper pursuant to the New York Code of Professional Conduct or impractical to continue our relationship. 8. Resolution of Disputes — Mediation and Arbitration Although we do not expect that di tferences will arise between us, we recognize that disagreements can happen. It is, therefore, wise to agree upon a procedure for fairly and. expeditiously resolving them. Accordingly, if collection. efforts made by the Finn including, without limitation, collection efforts made by our attorneys or Staff, or by any outside agency retained by the Firm, are unsuccessful, then any dispute, controversy or claim arising out of or relating to our rendering; of professional services to you, or our billed fees, disbursements and charges, will be submitted to private, confidential non-binding mediation with a mediator jointly selected by you and the Firm. If resolution through mediation is not possible, the dispute, controversy or claim will be finally resolved by private, confidential binding arbitration as follows: (a) to the extent that the New York Fee Dispute Resolution Program (Part 137 of 22 NYC:RR), which provides for the informal and expeditious resolution of fee disputes between attorneys and clients, applies to the dispute, controversy or claim, then resolution will be in accordance with the rules and procedures of the Fee Dispute Resolution Program (a copy is available upon request); or (b) if the lee 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 Commercial Arbitration Rules of the American Arbitration Association, and any decision or award issued in that arbitration will be final and binding and non -appealable. LAmR & BARNQSKSC, LLh .[Ion. Scott Russell July 15, 2013 Page 5 9. Entire Agreement This letter represents the entire agreement between us concerning the terms and conditions of this engagement. By signing below, you acknowledge that this letter has been reviewed and understood and that you agree to be bound by its terms and conditions. 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 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. I look forward to continuing our longstanding professional and personal relationship with theTown! truly yours, Richard K. Zuckerman AGREED; 'S 0 � /,. 5 4- Dated:'F`1 _ �� �f f