4.35 4.35
2016 ORGANIZATIONAL\MILLER MANNIX SCHACI INER&I IAFNER-2016
RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER, MANNIX,
SCHACHNER & HAFNER, LLC AS TOWN LEGAL COUNSEL
RESOLUTION NO. ,2016
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury requires legal representation in a wide variety of matters to
deal with the numerous legal issues that come before and involve the Town, and
WHEREAS, the Town Board wishes to engage legal counsel on a contractual basis for 2016,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Miller,
Mannix, Schachner&Hafner, LLC as legal counsel for and on behalf of the Town for 2016 in accordance
with the Agreement for legal services presented at this meeting, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
such Agreement in substantially the form presented at this meeting.
Duly adopted this 1St day of January, 2016, by the following vote:
AYES
NOES
ABSENT:
2016 AGREEMENTS\MILLER MANNIX SCHACHNER HAFNER-2016
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
MILLER,MANNIX, SCHACHNER & HAFNER, LLC
FOR PROVISION OF LEGAL SERVICES TO TOWN OF QUEENSBURY
This Agreement is entered into as of January 1, 2016 between the TOWN OF QUEENSBURY
("Town") and MILLER, MANNIX, SCHACHNER & HAFNER, LLC ("Counsel") for the
provision of legal services to the Town of Queensbury.
WHEREAS, the Town of Queensbury requires legal representation in a wide variety of matters to
deal with the numerous legal issues that come before and involve the Town,and
WHEREAS,the Town Board wishes to engage legal counsel on a contractual basis for 2016,and
WHEREAS, the Town has agreed by Resolution to engage the services of Counsel on its behalf,
and
WHEREAS, Counsel has agreed to provide such legal services to the Town and so the Town and
Counsel hereby agree as follows:
1. Subject of Agreement- Counsel shall advise and represent the Town and render legal services to
it as requested by appropriately authorized Town personnel. Such personnel shall generally
consist of the Town Supervisor, Town Board Members, Town Department Managers and related
personnel.
2. Scope of Services - Counsel will be available for conferences, telephone consultation and special
meetings with the Town Board and appropriately authorized Town personnel. Counsel will be
available to draft and review letters, opinions and other legal documents and represent the Town
in matters of litigation. Counsel will be available to attend the first portion of all regular Town
Board meetings and special meetings on an "as needed" basis. The scope of Counsel's services
will also include attendance at the first portion of Planning Board meetings and occasional Zoning
Board of Appeals meetings, ongoing advice and consultation with Town officials including Town
Board Members and appropriate Department personnel, representation in Article 7 real property
assessment litigation cases, Town Code enforcement cases in Town Court, bond counsel services,
labor negotiations, contested personnel matters and representation of the Town in all matters in
New York State or Federal Courts. Counsel shall not be required to prepare or review Town
Board Resolutions other than those presenting legal issues or maintain any regular office hours at
Town Hall.
3. Term and Renewal -The Term of this Agreement shall be from January 1, 2016 until December
31, 2016. This Agreement may be renewed for the year 2017 under the same provisions or as
modified by Agreement between the Town and Counsel.
4. Fees for Legal Services - Counsel shall be paid by the Town on an hourly fee basis with time
charges computed according to the actual time spent by Counsel in representing the Town at an
hourly rate not to exceed $190. Counsel will invoice the Town on a monthly basis and the
Town will pay all invoices within thirty(30) days. For calendar year 2016, annual legal fees for
all of the above services, exclusive of special counsel services including litigation, bond
counsel, labor negotiations, contested personnel matters or other authorized special projects,
will not exceed $190,000, regardless of the actual amount of time spent by Counsel in such
representation. During both calendar years, the special counsel services set forth above
including matters involving litigation in Federal, State and Town Courts will be separately
invoiced and charged and paid on the same hourly basis in accordance with the amount of time
spent by Counsel in such matters.
TOWN OF QUEENSBURY MILLER, MANNIX, SCHACHNER&
HAFNER, LLC
By: By:
JOHN F. STROUGH MARK SCHACHNER, ESQ.
TOWN SUPERVISOR