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HomeMy WebLinkAboutLamb & Barnosky, LLP RESOLUTION 2016-939 o1�g ADOPTED DOC ID: 12359 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-939 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 18, 2016: 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 the fee for this retainer will be as follows: Fifty-Two Thousand ($52,000) Dollars for the period July 1, 2016 - June 30, 2017; Fifty-Five Thousand, Five Hundred ($55,500) Dollars for the period July 1, 2017- June 30, 2018; and Fifty-Seven Thousand, Five Hundred ($57,500) Dollars for the period July 1, 2018- June 30, 2019, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio LAMB & BARNowy, LLP ArrowExs AT LAw EUGENE R.BARNOSKY 534 BROADHOLLOW ROAD, SUITE 210 OF COUNSEL SHARON N.BERLIN' PO BOX 9034 GARY HOLMAN ROBERT H.COHEN THOMAS A.O'ROURKE MICHELLE S.FELDMAN MELVILLE, NY 11747-9034 ASSOCIATES MARCIA L.FINKELSTEIN 631.694.2300 • FAX: 631.694.2309 JACOB CHASE" STEVEN GODSBERG MICHAEL J.HELLER' INTERNET WWW LAMBBARNOSKY.COM LINDSAY A. GILLENNSEND CROCKER A GREGORY J..G SCOTT M.KARSON MEZ P.L.LAMB EMAIL ATTORNEYS INITIALS C�LAMBBARNOSKY.COM MATTHEWNDACE J.GOMEZ JOEL M.MARKOWITZ MATTHEW J. NITZMEHERT ALYSON MATHEWS LAUREN L. ZUCKERMA JEFFREY A.ZANKEL SERVICE BY E-MAIL,FAX OR OTHER FORMS OF ALYSSA L.ZUCKERMAN RICHARD K.ZUCKERMAN ELECTRONIC COMMUNICATION NOT ACCEPTED COUNSEL `ALSO ADMITTED IN CT PATRICIA C.DELANEY "ALSO ADMITTED IN NJ MARA N HARVEY DOUGLAS E.LIBBY DIANE J.MOFFET RECEIVED r HON.MICHAEL F.MULLEN RECEIVED RICHARD A SHANE RITA FISHMAN SHEENA October 19,2016 OCT 2 0 2016 Hon. Scott Russell Town Supervisor Southold Town Clerk Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Re: Lambe&Bamosky,LLP Dear Supervisor Russell: Thank you for your and the Town's interest in continuing our retention as special labor counsel. This letter will reconfirm the scope and terms 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 counsel for all labor and employment law matters for the period July 1, 2016 through June 30, 2019. 2. Responsibility and Team Members Alyson Mathews and I will continue to be the partners of the Firm primarily responsible for handling the Town's matters. As appropriate,the Firm will continue to draw upon the knowledge and skills of other attorneys in the Firm and may also assign legal assistants. LAMB & BARNOSKY, LLP Hon. Scott Russell October 19,2016 Page 2 3. Keeping You Informed The Firm continues to be 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 end, the Firm 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 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 Firm's policy to promptly respond to all inquiries. 4. Fees.Expenses an`d'Billint=s (a), Legal Fees Our fees 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 perform those services properly; time 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 round of collective bargaining negotiations with each of the CSEA 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 filing for arbitration) and attendance at related meetings on an as-needed basis. Excluded from the retainer continues to be 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$52,000 for the period July 1, 2016-June 30, 2017; $55,500 for the period July 1, 2017-June 30, 2018; and$57,500 for the period July 1,2018-June 30,2019;payable in equal advance monthly installments. 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 1,2016—June 30, 2017, $305 per hour for Richard K. Zuckerman's time, $285 per hour for another partner's or counsel's time, $235 for an associate attorney's time, and$150 per hour for recent law graduates, legal interns, summer associates and paralegal assistants' time. LAMS & BARNOSKY, LLP Hon. Scott Russell October 19,2016 Page 3 Effective for the period July 1,2017—June 30, 2018, these rates will be$315 for Richard K. Zuckerman's time, $290 per hour for another partner's or counsel's time, $245 for an associate attorney's time, and$150 per hour for recent law graduates, legal interns, summer associates and paralegal assistants' time. Effective for the period July 1, 2018—June 30, 2019,these rates will be$325 for Richard K.Zuckerman's time, $295 per hour for another partner's or counsel's time, $250 for an associate attorney's time, and$150 per hour for recent law graduates, legal interns, summer associates and paralegal assistants' time. 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. (b) Disbursements--an&;'Cliarges'. The Town will also continue to be responsible for reasonable costs and expenses incurred. These disbursements might continue to include travel and mileage expenses, computerized legal research, process and subpoena service fees, filing fees, overnight mail fees and similar items. These costs and expenses will be billed in the same manner as our fees or we may ask the Town to make direct payment to the party making the charge. We will continue to not charge you for day-to-day photocopying, domestic telephone calls, postage costing less than $1 and facsimiles. (c) Billing Ar-rangements Statements of fees, disbursements and charges will continue to be sent by the Firm to the Town 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 annum on past due accounts. If the Town anticipates that payment will be delayed,please discuss this delay with me at the earliest possible opportunity. If the Town has any questions regarding an invoice, please contact me so that I can try to promptly answer them. 5. Cominanicaiior Technology' We continue to be mindful of our obligation to safeguard our clients' proprietary, sensitive, or otherwise confidential information. It is important that we continue to agree on the kinds of communication technology that 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 that the Town has given consent to, and accepted any risks attendant upon,the use of any means of communication that we deem to be appropriate (including cell phones, electronic mail, and facsimiles). LAMB & BARNOSKY, LLP Hon. Scott Russell October 19, 2016 Page 4 6. Files The Firm generally 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, the Town may take possession of the files 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. Ouestions and Termination The Firm continues to have 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 tum, may withdraw from the representation upon written notice in the event that you fail to cooperate with' us 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 Rules of Professional Conduct or impractical to continue our relationship. 8. Resolution of Fee Disuutes—Collection and Arbitration Although we do not expect that differences regarding the payment of fees for professional services, costs and disbursements 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. If collection efforts made by the Firm including,without limitation, collection efforts made by our attorneys or staff,or by any outside agency retained by the Firm, are unsuccessful, then the dispute, controversy or claim will be finally resolved by private, confidential binding arbitration as follows: (a)to the extent that the New York State 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 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 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 Commercial Arbitration Rules of the American Arbitration Association. Any decision or award issued in arbitration will be final, binding and non-reviewable. 9. Entiire 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 LAMB & BARNOSKY, LLP Hon. Scott Russell October 19,2016 Page 5 reviewed and understood and that the Town agrees to be bound by its terms and conditions. By signing this retainer letter,the Town continues to consent 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 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. Once again, I thank you for continuing to engage Lamb&Barnosky,LLP as the Town's labor counsel. y 'Very�-lruly:yours,. tC/�--� Richard K. Zuckerman AGREED: TOWN OF UTHOLD Dated: