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4.00 4.0 2018 ORGANIZATIONAL\MILLER MANNIX SCHACHNER&HAFNER-2018-19 RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER, MANNIX, SCHACHNER& HAFNER, LLC AS TOWN LEGAL COUNSEL FOR GENERAL TOWN LEGAL SERVICES FOR 2018 - 2019 RESOLUTION NO. ,2018 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 of Queensbury's Purchasing Agent issued a Request for Proposals for general Town legal services as well as legal services specifically pertaining to employment and labor law/negotiations, and WHEREAS, the Town Board reviewed all such received Proposals, and WHEREAS, the Town Board wishes to engage Miller, Mannix, Schachner & Hafiier, LLC (MMSH) as the Town's legal counsel for general Town legal services on a contractual basis for the years 2018 -2019 as set forth in MMSH's November 30, 2017 Proposal for Legal Consulting Services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Miller, Mannix, Schachner & Hafiier, LLC as legal counsel providing general Town legal services for and on behalf of the Town for the years 2018 - 2019 in accordance with MMSH's November 30, 2017 Proposal for Legal Consulting Services and the Agreement for legal services substantially in form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement and any other needed documentation and take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 1St day of January, 2018,by the following vote: AYES NOES ABSENT: 2 ANNUAL AGREEMENTS\20I 8\MILLER MANNIX SCHACHNER HAFNER-2018-2019 AGREEMENT BETWEEN TOWN OF QUEENSBURY AND MILLER, MANNIX, SCHACHNER & HAFNER, LLC FOR PROVISION OF LEGAL SERVICES TO TOWN OF QUEENSBURY FOR 2018 - 2019 This Agreement is entered into as of January 1, 2018 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 2018 — 2019, 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, upon request, attendance at the first portion of Planning Board meetings and occasional Zoning Board of Appeals meeting, 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, 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, 2018 until December 31, 2019. This Agreement may be renewed for the year 2020 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 $200 for 2018 and not to exceed $210 for 2019. Counsel will invoice the Town on a monthly basis and the Town will pay all invoices within thirty (30) days. For calendar year 2018, annual legal fees for all of the above services, exclusive of Special Counsel Services including litigation, bond counsel or other authorized special projects, will not exceed $190,000, regardless of the actual amount of time spent by Counsel in such representation. For calendar year 2019, annual legal fees for all of the above services, exclusive of Special Counsel Services including litigation, bond counsel or other authorized special projects, will not exceed $200,000, regardless of the actual amount of time spent by Counsel in such representation. During such 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 MILLER, MANNIX, SCHACHNER & HAFNER, LLC ATTORNEYS AT LAW 15 WEST NOTRE DAME STREET GLENS FALLS,NEW YORK 12801 Mark Schachner Telephone: (518)793-6611 John W.Miller(1908-1968) Robert H.Hafner Facsimile: (518)793-6690 John C.Mannix(1931-2006) Leah Everhart Jacquelyn P.White 49 BURLINGTON AVE.,2ND FLOOR Thomas W.Peterson PO BOX 578 Toll Free:1-800-421-6166 Justin M.Grassi ROUND LAKE,NEW YORK 12151 Telephone: (518)899-1518 Web Site: millermannix.com Michael J.Hill,Of Counsel Facsimile: (518)899-1561 E-Mail:mschachner@mmshlaw.com CONFIDENTIAL November 30, 2017 PROPOSAL FOR LEGAL CONSULTING SERVICES FOR TOWN OF QUEENSBURY This proposal is submitted to provide Legal Services as described in Section 1.A of the Request for Proposals and includes discussion of the seven items required in Section 6 of the RFP. A. Experience and Qualifications 1. History, Expertise And Experience — Described in paragraph B. below is our history, expertise and experience demonstrating our ability to accommodate the legal items listed in Section 1.A of the RFP. Some of our expertise, experience and firm philosophy about other areas is also described below. 2. Resumes — The resumes of all attorneys referenced in this Proposal are enclosed. 3. Familiarity — Our Firm has unique familiarity with the Town of Queensbury's legal needs as a result of having worked for the Town as Town Counsel since 1996 except during 2007 and 2017. Our 20 years of direct experience as Queensbury Town Counsel makes us uniquely qualified and familiar with the Town's legal needs. 4. Rates and Cap—Our hourly rates will not exceed $200 for 2018 and $210 for 2019 and the annual caps, exclusive of Special Counsel Services, will be $190,000 for 2018 and $200,000 for 2019. 5. In-house Expenses—We do not charge for normal "billable in-house expense items". Unlike many firms, we do not bill for telephone charges, long-distance calls, routine copying, routine postage and similar charges. The only exceptions are the occasional substantial copying and/or delivery charges required for certain litigation PRINTED ON RECYCLED PAPER • ' PROPOSAL FOR TOWN OF QUEENSBURY LEGAL REPRESENTATION November 30, 2017 Page 2 of 7 matters including Appeals. These seldom arise and are never billed in excess of their actual cost. 6. Professional Liability Insurance—Proof of our Professional Liability Insurance is enclosed. 7. Conflicts of Interest— Potential or existing conflicts of interest are as follows: a. Unlike many firms, we avoid representation of private parties located or doing business in any municipality we represent if the issues of representation could even possibly involve the municipality. Therefore, we are not working for any "outside parties" creating any potential or existing conflicts of interest. We briefly represented a few private parties in Town-related matters during the past year, but our involvement has largely been completed. b. Like any other local firm, we likely work with others doing business in the Town. However, again, we are not involved in any representation creating any potential or existing conflict of interest with the Town. c. None of the Members of our Firm are currently or have ever been members of a local political committee. Unlike some firms, we strongly believe that any such membership by an attorney intending to practice Municipal Law creates an appearance of impropriety and is inappropriate. d. We have no relations or relationships with Town Officials or Employees that might create the appearance of a conflict of interest. B. History, Expertise and Experience The following information describes our Firm's history with each of the items listed in Section 1.A of the RFP and identifies the Attorneys with expertise and experience in each of these areas: 1. Town Board and Town Departments — Our firm has substantially more experience in Town representation than any other local firm and Town representation makes up substantially more of our practice than any other firm. Therefore, all of our Attorneys, Paralegals and Legal Assistants are intimately familiar with the unique aspects of Town Board and Department representation including important issues of which others are unaware. These include recognizing that Town Boards are entities distinct from the individuals who serve as their Members and appreciating that Town funds are essentially PRINTED ON RECYCLED PAPER PROPOSAL FOR TOWN OF QUEENSBURY LEGAL REPRESENTATION November 30, 2017 Page 3 of 7 taxpayer dollars. Mark Schachner, Bob Hafner, Leah Everhart, Jackie White and Tom Peterson are all principal attorneys for various Towns in our area. 2. Planning Board, ZBA and Planning/Zoning Matters — Our firm has substantially more experience than any other local attorneys or firms in municipal planning and zoning matters. We have guided the Town of Queensbury and literally dozens of other municipalities through various planning efforts, including representation of Planning Boards and ZBAs and providing ongoing advice to municipal planners and planning staff. Mark Schachner, Leah Everhart, Jackie White, Justin Grassi and Michael Hill have substantial expertise and experience in municipal planning and zoning matters. 3. Bond/BAN/Debt Issuance — Our Firm has acted as Bond Counsel for the Town of Queensbury and several other municipalities for many years in numerous financings. We are one of the few local firms listed .in The Bond Buyer's Municipal Marketplace, commonly known as the "Red Book". This means that our legal opinions regarding municipal finance issues are routinely accepted so that municipal bonds, bond anticipation notes and similar instruments can be issued without the need to engage special financial counsel. Bob Hafner, Mark Schachner and Leah Everhart have substantial expertise and experience in financing matters. 4. Contract Formation and Review—We have negotiated, drafted and assisted in execution and implementation of numerous municipal contracts for Queensbury and many other municipalities. Bob Hafner, Mark Schachner, Leah Everhart and Jackie White have substantial expertise and experience in municipal contract matters. 5. District Formation and Consolidation — We are one of the few firms with substantial experience in formation and consolidation of many types of special districts. Bob Hafner has taught classes to other attorneys on formation and consolidation of districts. 6. Article 7 Litigation — We have successfully resolved and defended literally dozens (more likely hundreds) of Article 7 Real Property Assessment Litigation matters for Queensbury and numerous other municipalities. In general, we believe that assessment matters often require careful analysis to determine whether extensive litigation or settlement is in the best interests of the Town. Our experience in this area includes defense of specialized Article 7 cases involving public utility properties such as those owned by National Grid and others. Mark Schachner, Jackie White and Michael Hill have substantial expertise and experience in these proceedings. PRIN T ED ON RECYCLED PAPER • ' PROPOSAL FOR TOWN OF QUEENSBURY LEGAL REPRESENTATION November 30, 2017 Page 4 of 7 7. Article 78 Litigation — Our Firm has successfully defended dozens of Article 78 proceedings in Queensbury and elsewhere. Mark Schachner, Leah Everhart and Jackie White have substantial expertise and experience in these matters. Mark Schachner teaches classes to attorneys and others regarding defense of Article 78 proceedings. 8. EMS/Fire —We have a substantial track record of successful representation of Queensbury and other municipalities in various emergency medical service and fire protection matters. Bob Hafner and Mark Schachner have significant experience in this area. 9. Environmental/SEQRA—We believe our Firm has more experience than any other firm in this area regarding environmental and State Environmental Quality Review Act (SEQRA) matters. We have experience in all facets of SEQRA compliance including proper completion of Environmental Assessment Forms, preparation of Environmental Impact Statements and successful defense of Environmental and SEQRA challenges. Mark Schachner, Leah Everhart and Jackie White have substantial experience in this area. Mark Schachner has published book chapters and articles regarding SEQRA Review and is a regular lecturer on this topic at numerous workshops and conferences throughout the State. 10. FOIL/Open Meetings—We believe in Open Government and have substantial experience in advising municipalities on compliance with the Freedom of Information Law (FOIL) and Open Meetings Law (OML), including proper conduct of Executive Sessions when lawful and necessary. Mark Schachner, Leah Everhart and Bob Hafner have substantial experience in these Open Government Issues. Mark Schachner has published articles and conducted numerous workshops at conferences throughout the State on FOIL and OML issues. 11. Highway Law—We have successfully worked with the Queensbury Highway Department for many years and have substantial experience in dealing with Highway Law issues including sensitive topics such as abandonment and discontinuance of roads. Bob Hafner, Jackie White, Leah Everhart and Mark Schachner all have substantial experience in these issues. Mark Schachner was formerly engaged as an instructor for the Cornell Local Roads Program and Bob Hafner recently participated in a Q & A session at the Highway Superintendents' Annual Conference and made a similar presentation at the Association of Towns Conference. 12. Intermunicipal Agreements — We have assisted Queensbury and others in preparing and entering into many Intermunicipal Agreements, some of which have been PRINTED ON RECYCLED PAPER • PROPOSAL FOR TOWN OF QUEENSBURY LEGAL REPRESENTATION November 30, 2017 Page 5of7 used for models elsewhere. Bob Hafner, Leah Everhart and Mark Schachner have substantial experience in Intermunicipal Agreement preparation and implementation. 13. Insurance (Health, Property and Liability) — We have regularly advised Queensbury and numerous other municipalities on a wide variety of insurance issues including health insurance, liability insurance and real property title insurance. Bob Hafner and Leah Everhart have substantial experience in municipal insurance issues. 14. Lake George Park Commission — We likely have more experience in Lake George Park Commission matters than any other firm. We are intimately familiar with LGPC Rules and personnel and have established a positive working relationship with them. Mark Schachner and Michael Hill have substantial experience in LGPC matters. 15. Municipal Code Development and Amendment—We have assisted the Town of Queensbury and numerous other municipalities in developing, drafting, revising, amending and implementing many acts of local legislation. We strive to draft language that is as straightforward and uncomplicated as possible, while ensuring its enforceability. Mark Schachner, Bob Hafner, Leah Everhart, Jackie White and Tom Peterson have substantial experience in providing advice on municipal code development and amendment. 16. Litigation (other than Article 7 and Article 78 matters)—Municipalities are also involved in general civil litigation matters separate and apart from Article 7 and Article 78 proceedings. We have substantial experience in general civil litigation involving municipalities and years of successful representation. Leah Everhart, Mark Schachner and Jackie White have significant experience in these litigation matters. C. Qualifications and Philosophy Below is additional description of our qualifications for your consideration, as well as a brief discussion of some of the elements of our firm's philosophy. 1. Unique Qualifications — Our firm is uniquely qualified to provide legal representation of unsurpassed quality to the Town of Queensbury. In particular, we offer the following attributes: a. Substantially more experience in municipal representation than any other firm. b. Direct involvement of law firm partners with substantial expertise in the most important subject areas of municipal representation for Queensbury. PRINTED ON RECYCLED PAPE1' • ' PROPOSAL FOR TOWN OF QUEENSBURY LEGAL REPRESENTATION November 30, 2017 Page 6.of 7 c. Reasonable and competitive hourly rates and realistic maximum cap (not to exceed) fee. d. Senior Partners who are native to Queensbury and long-time Queensbury residents. e. Two decades of successful representation of the Town of Queensbury. f. We are a "team player". We honor the terms of our contract and minimize the need to engage outside counsel by declining representation that could create any potential conflicts of interest. 2. Senior Partners' Expertise — In addition to having the most experience as a firm, each of our senior partners has specific areas of expertise that are vital to successful municipal representation and of particular importance to the Town of Queensbury. Mark Schachner is widely known as one of the most experienced attorneys in the State in the areas of municipal law, environmental law (including SEQRA review), planning, land use and zoning, "Open Government Laws" and legal ethics. He has published articles, conducted workshops and given numerous lectures and presentations about these topics and is a frequent presenter at the annual meetings of the Association of Towns and New York Planning Federation. Mark is the principal municipal attorney for several of the Towns represented by our firm. He has represented Town Boards, Planning Boards and Zoning Boards of Appeals at well over 1500 Board meetings and successfully defended these public bodies in countless Article 78 proceedings. Mark is the attorney who began our representation of the Queensbury Planning Board in 1994. Bob Hafner is also well known for his municipal law expertise and is particularly knowledgeable about fiscal, municipal, special district, finance and highway issues. He is the principal municipal attorney for several of the Towns represented by our firm. Bob has extensive real estate experience and guided the Town of Queensbury through buying and selling Town property and obtaining easements critical to successful completion of numerous Town projects. He also advised the Town during many special district formations and extensions and Town bond issuances. 3. Accessibility — We are available to attend any and all meetings of the Town Board, Planning Board and Zoning Board of Appeals, as well as any special meetings, subject to your desire for us to do so. In our experience, many municipalities feel that it is not necessary to have counsel at every meeting, but prefer to have us available on an "as-needed" basis. Again, we are pleased to attend whichever meetings you wish. PRINTED ON RECYCLED PAPER • •` PROPOSAL FOR TOWN OF QUEENSBURY LEGAL REPRESENTATION November 30, 2017 Page 7of7 We are a local firm with substantial roots in the community. Our two Senior Principal Attorneys are long-time Queensbury residents. Despite the ability to conduct much business by telephone and, of course, the widespread use of e-mail and fax, we still believe it is important that we are generally available on a moment's notice and can be at Town Hall in only a few minutes. While this type of sudden need may not arise often, our immediate availability can be critical when it does. Of course, we are also always available by telephone and e-mail for ordinary matters. 4. Dealing with State Agencies — Towns and Town projects are often subject to regulation by various State agencies. In our municipal experience, we find it is very helpful to maintain a positive relationship with these agencies. We have a very successful track record in dealing with the Department of Environmental Conservation, Department of Health, Lake George Park Commission and Adirondack Park Agency. Whether working with any of these agencies or objecting to their determinations, we have an excellent relationship with them and have found this to be very helpful in representation of our municipal clients. 5. Preparation of Legal Documentation — We are skilled and experienced in drafting all types of municipal legal documentation including Town Board Resolutions, contracts for various goods and services, intermunicipal agreements for shared services with other municipalities and financing documents. Although increasingly difficult in this day and age, we strive to draft these documents in a straightforward and understandable manner. 6. Litigation — We are extremely experienced in all forms of municipal litigation including particularly sensitive areas such as annexation and eminent domain proceedings. We have successfully defended numerous Article 78 proceedings and have substantial Appellate Court experience. However, in general, we strongly believe that part of our role is to assist the Town in trying to avoid litigation by making proper decisions in a lawful manner in the first place. We take this responsibility very seriously. 7. Responsive Efficiency—We are not a fancy or pretentious firm. We strive to provide you with sound legal guidance without trying to impress you with lengthy memoranda or complicated "legalese". We will address any concerns you ask us to in a prompt, efficient and understandable manner. N:\Finn\BUSINESS PROMO\RFP RESPONSES\MUNICIPAL\QBY\Queensbury RFP Response 2017 F.docx PRINTED ON RECYCLED PAPER • MARK SCHACHNER MILLER,MANNIX, SCHACHNER&HAFNER,LLC 15 West Notre Dame Street-P.O.Box 765 Glens Falls,NY 12801 (518)793-6611 EMPLOYMENT MILLER,MANNIX,SCHACHNER&HAFNER,LLC; Glens Falls,New York Principal Attorney. Concentrating in Municipal Law,Environmental Law,Land Use and Zoning Matters(1985-Present) Associate Attorney. Engaged in General Practice,including Corporate Law,Litigation, Criminal Law and Environmental Law(1982-1985) SKIDMORE COLLEGE; Saratoga Springs,New York Adjunct Lecturer. Environmental Studies Program-ES 351 -Environmental Legal Issues(2002-Present) CORNELL UNIVERSITY;Ithaca,New York Consultant. Cornell Local Roads Program-Instructor of"Reducing Liability for Local Highway Officials"Programs at Statewide Conferences(2007-2008) COREN&HORAN;Brookline,Massachusetts • Law Clerk. Involved in Tort and Contract Law including Personal Injury Litigation (1980-1982) MASSACHUSETTS PUBLIC DEFENDERS OFFICE;Boston,Massachusetts Student Public Defender. Criminal Defense Representation of Indigents in Municipal District Court(1981-1982) GREATER BOSTON LEGAL SERVICES;Boston,Massachusetts Student Attorney. General Civil Representation of Indigent Clients in Consumer Protection, Social Security and Landlord/Tenant Matters(1980-1981) CONSERVATION LAW FOUNDATION OF RHODE ISLAND;Providence,Rhode Island Paralegal and Program Administrator. Environmental Public Interest Organization (1978-1979) VIOLET ROSIN& GROSSMAN;Providence,Rhode Island Paralegal. (1977-1978) Tennis Professional. Various Locations(1973-1980) PRINTED ON RECYCLED PAPER • RESUME OF MARK SCHACHNER PAGE 2 OF 2 EDUCATION BOSTON UNIVERSITY SCHOOL OF LAW-Juris Doctor Edward F.Hennessy Scholar(Top 25%of 3d year class) American Jurisprudence and Harold M.Linsky Awards in Professional Responsibility National Moot Court Team- 1 S`Place,New England BROWN UNIVERSITY-Bachelor of Arts Independent Concentration: Responsiveness of the American Legal System PUBLICATIONS Article: "The Complete Application/Public Participation SEQRA Review Conundrum for Local Land Use Boards",New York Zoning Law and Practice Report,Thomson/West,July/August 2009 Article: "Open Meetings Law`Puzzlers'for Local Municipalities", Government,Law&Policy Journal,New York State Bar Association,Spring 2009 Article: "Open Government in Planning and Zoning Decision-Making",New York Zoning Law and Practice Report,Thomson/West,November/December 2005 Book Chapter: "Environmental Law-New York State Environmental Quality Review Act (SEQRA)",Pitfalls of Practice,New York State Bar Association, 1993 and 2002 Treatise Section: "Procedures Under SEQRA for Solid and Hazardous Waste Facilities", New York Environmental Law Series: Waste and Hazardous Materials,.Lawyers Cooperative Publishing, 1996 (co-author with Jeffrey Friedland) Article: "SEQRA Cooperative Agreements Prevent Needless Delays",The New York Environmental Law Report,Lawyers Cooperative Publishing,January 1996 Article: "New Law Helps Zoning Board of Appeals to Clarify Variances",Capital District Business Review,April 20, 1992 ADMISSION JURISDICTIONS Commonwealth of Massachusetts State of New York United States District Court for the Northern District of New York United States District Court for the Southern District of New York United States Court of Appeals for the Second Circuit MEMBERSHIPS New York State Bar Association(Municipal Law Section,Environmental Law Section-Executive Committee Member 1987-2003) Warren County Bar Association(Former Member-Board of Directors) Adirondack Women's Bar Association New York Planning Federation(Board of Directors) Town of Queensbury Recreation Commission(Commissioner 1993 -2001) Feeder Canal Alliance(Former Member-Board of Directors) Glen Lake Park,Inc. (Vice-President,Board of Directors) NARmIRESUMESMS 2P.doc PRINTED ON RECYCLED PAPER ROBERT H.HAFNER,ESQ. • MILLER,IVIANNIX,SCHACHNER&HAFNER,LLC. 15 West Notre Dame Street Glens Falls,NY 12801 (518)793-6611 PROFESSIONAL EXPERIENCE Miller,Mannix,Schachner&Hafner,LLC,Glens Falls,New York. Principal. Municipal Law and Finance: • Primary attorney for many municipalities,attend board meetings as needed,advise Town Highway Superintendents concerning highway law and town road issues,prepare resolutions as needed, draft intermunicipal agreements,advise concerning applicable municipal law. • Primary responsibility for finn's municipal finance practice. Advise municipalities on all aspects relating to municipal fmance. Listed in the"Red Book". Draft all documents relating to municipal finance including bond resolutions,estoppel notices,serial bonds,bond anticipation notes,bond counsel opinion letters,required certificates and any other required documents. Work closely with financial entities,including New York State Environmental Facilities Corporation,Rural Development,banks,underwriters,securities firms and financial advisors. • General municipal law counsel for Town Boards and Town Highway Superintendents. • Primary attorney for five fire districts. Commercial/Business Law: • Counsel on choice of business entity issues,as well as formation and dissolution of business. • Draft commercial agreements,including notes,mortgages,security agreements,and buy-sell agreements. • Draft shareholder agreements,operating agreements and purchase and sale agreements. • Counsel regarding general contract and business issues. Real Estate: • General commercial and residential real estate,from contract through closing. Review title; provide title insurance as examining counsel for Chicago Title Insurance Company. Bergman,Horowitz&Reynolds,P.C.,New Haven,Connecticut. Sulloway,Hollis&Soden,Concord,New Hampshire. EDUCATION University of Michigan Law School,Ann Arbor,Michigan. Juris Doctorate. The Wharton School of the University of Pennsylvania,Philadelphia,Pennsylvania. COMMUNITY SERVICE/SPEAKER/PROFESSIONAL ORGANIZATIONS Frequent speaker at New York State Association of Towns. In February,2017,spoke to Town Highway Superintendents and Town Board members concerning"Highway Issues Facing Towns: Legal Issues and Practical Considerations". Past talks have included abandonment or discontinuance of town highways. Annual speaker at Adirondack Association of Towns&Villages. Speaker at 2016 NYSAOTSOH annual meeting. National Association of Bond Lawyers. New York State Bar Association. Warren County Bar Association. Kiwanis Club of Glens Falls,Inc. Long-time Director,Past President. Queensbury United Methodist Church. ADMISSIONS New York Leah Everhart MILLER,MANNIX, SCHACHNER&HAFNER,LLC 15 West Notre Dame Street Glens Falls,New York 12801 (518) 793-6611 leverhart@mmshlaw.com EXPERIENCE: 2004-present MILLER,MANNIX,SCHACHNER& HAFNER,LLC, Glens Falls,NY Principal Attorney(2010 present) Practice in diverse areas of law with particular emphasis on Municipal representation, including in the areas of Planning and Zoning, as well as Municipal litigation defense. These areas of practice require a broad range of skills including a thorough understanding of the New York State Environmental Quality Review Act as well as advanced legal writing and oral advocacy skills. Manage Firm's growing Municipal condemnation practice by assisting Municipalities in acquiring property rights through the power of eminent domain. 2001- 2002 NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL,Albany,NY Legal Aid, Litigation Bureau Focused exclusively in the area of Indian Tribal litigation actions commenced against the State of New York. The particular area of litigation concerned tribal claims to lands voluntarily conveyed to the State pursuant to State treaties challenged as violative of Federal Law. 2002 NEW YORK STATE SUPREME COURT,Albany, NY Judicial Intern,The Honorable Thomas Keegan, JSC Assisted the Court in reviewing motion papers, researching relevant substantive law, and drafting Decision and Orders for the Court's review. EDUCATION: 2000-2003 ALBANY LAW SCHOOL OF UNION UNIVERSITY,Albany, NY Juris Doctor 2002-2003 Albany Law Review, Executive Editor 2003 Albany Law School Moot Court, Oral Advocacy Team Coach 2002 Albany Law School Moot Court, Oral Advocacy Team Member ORGANIZATIONS: • Saratoga County Bar Association; Warren County Bar Association Mock Trial Committee; Adirondack Women's Bar Association,member of the New York State Bar Association, Board Member of Big Brothers Big Sisters of the Southern Adirondacks. JACQUELYN P. WHITE jwhite@mmshlaw.com MILLER,MANNIX,.SCHACHNER&HAFNER,LLC 15 West Notre Dame Street,Glens Falls,New York 12801 Phone: (518) 793-6611,Fax: (518)793-6690 PROFESSIONAL EXPERIENCE MILLER,MANNIX,SCHACHNER&HAFNER,LLC, Glens Falls,NY Principal Attorney, 2016-present;Associate Attorney, 2009-2015 • Practice in diverse areas of law with a focus in Municipal Law, Litigation and Real Property, including Real Property Assessment Litigation and Code Enforcement. Draft legal memoranda,municipal resolutions and litigation documents. Research complex and novel legal issues. Appear before various Courts. Albany Law School Low Income Taxpayer Clinic, Albany Law Clinic&Justice Center Legal Intern(Admitted to practice under Student Practice Rule), Fall 2007 Warren County District Attorney's Office, Lake George,NY Legal Intern (Admitted to practice under Student Practice Rule), May 2007-August 2007 and June 2006-August 2006 EDUCATION Albany Law School of Union University,Albany,NY Juris Doctor, cum laude, May 2008 • Honors and Awards: Founder's Scholarship Recipient,A. Lindsay and Olive B. O'Connor Foundation Scholarship Recipient and Justinian Society Member Skidmore College, Saratoga, NY B.S., cum laude, May 2004 • Honors and Awards: Periclean Honor Society Member, Melissa Mosher Bilodeau Endowed Scholarship, Irene Dwinell Smith Scholarship and Sterrett Senior Award PROFESSIONAL ORGANIZATIONS/COMMUNITY SERVICE Warren County Bar Association Board Member Warren County Bar Foundation Board Member Adirondack Women's Bar Association Past President and Board Member Special Olympics New York Volunteer SUNY Adirondack—Microenterprise Assistance Program Provide seminars on legal issues facing business owners. Thomas W. Peterson MILLER, MANNIX, SCHACHNER&HAFNER, LLC 15 West Notre Dame Street Glens Falls,New York 12801 (518) 793-6611 tpeterson@mmshlaw.com and 49 Burlington Avenue;P.O. Box 578 Round Lake,New York 12151 (518) 899-1518 PRIVATE PRACTICE: 2016-present MILLER,MANNIX,SCHACHNER&HAFNER,LLC,Round Lake and Glens Falls,NY 2008-2016 PETERSON&THOMAS,P.C.,Round Lake,NY 1992-2008 BROWN,PETERSON, CRAIG & THOMAS,Ballston Spa,NY 1987-1992 COOPER, ERVING,SAVAGE, WHALEN,NOLEN& HELLER, (Associate Attorney)Albany,NY 1985-1987 MEAD, BEGLEY& QUINLAN, (Associate Attorney once admitted in January, 1986)Albany,NY MUNICIPAL PRACTICE: 1992-present ROUND LAKE VILLAGE ATTORNEY, Saratoga County,NY 2008-present ATTORNEY.FOR VILLAGE OF ROUND LAKE PLANNING BOARD and VILLAGE OF ROUND LAKE ZONING BOARD OF APPEALS 2001-present MALTA TOWN ATTORNEY, Saratoga County,NY EDUCATION: 1985 ALBANY LAW SCHOOL OF UNION UNIVERSITY,Albany,NY Albany Law Review,Note &Comment Editor 1979 HAMILTON COLLEGE, BA MUNICIPAL REFERENCES The following individuals have graciously consented to be references with respect to my municipal representation: • Hon. Dixie Lee Sacks, former Mayor of the Village of Round Lake, having retired in March of 2017 after 22 years in Village Government, 20 as Mayor. She can be reached at 899-2164. • Hon. Thomas Bergin, Current Mayor of the Village of Round Lake, having taken office in April of 2017. Mayor Bergin previously served a Village Trustee for many years, many of those as Deputy Mayor. He can be reached through the Village office at 899-2800 or at his home at 899-4372. • Vincent DeLucia, Supervisor of the Town of Malta. He can be reached at his office at 899-3434. JUSTIN M. GRASSI MILLER,MANNIX,SCHACHNER&HAFNER,LLC Work Address: 15 West Notre Dame Street, Glens Falls,NY 12801 Phone: (518)793-6611 Facsimile(518)793-6690 Home Address:235 Clinton Street,Saratoga Springs,New York 12866 EMPLOYMENT MILLER,MANNIX,SCHACHNER&HAFNER,LLC; Glens Falls,New York Associate Attorney. Engaged in General Practice,including Municipal Law,Environmental Law,Land Use and Zoning Matters, General Commercial and Residential Real Estate, Business Law,Litigation, Criminal Law and Estate Planning. Extensive Planning and Zoning Board experience.(2015-Present) THE JONES FIRM; Saratoga Springs,New York Associate Attorney. Engaged in General Practice,including Land Use and Zoning Matters, Environmental Law,Criminal Law and Estate Planning. (2013-2014) Law Clerk. Involved in Land Use and Zoning,Environmental,Criminal and Estate Planning Matters.(2012-2013) LEGAL AID SOCIETY OF NORTHEASTERN NEW YORK; Saratoga Springs,New York Law Clerk. Involved in Social Security Disability,Landlord/Tenant and Estate Planning Matters.(2011-2012) NASSAU COUNTY DISTRICT ATTORNEY'S OFFICE,PUBLIC CORRUPTION BUREAU;Mineola,New York Legal Intern. Assisted with ongoing confidential criminal investigations into misfeasance, malfeasance,and nonfeasance by public officials and government organizations. (2010) EDUCATION ALBANY LAW SCHOOL;Albany,New York-Juris Doctor,cum laude,2012 LE MOYNE COLLEGE; Syracuse,New York-Bachelor of Science,Biology,2009 ADMISSION JURISDICTION State of New York MEMBERSHIPS American Bar Association New York State Bar Association Saratoga County Bar Association(Young Lawyer's Committee 2013—Present) Warren County Bar Association Leadership Saratoga Alumni N:\Fim,\RESUMESUMG-MUN.doc • MICHAEL HILL MILLER, MANNIX, SCHACHNER&HAFNER, LLC 15 West Notre Dame Street Glens Falls,New York 12801 518-793-6611 Member New York Bar EDUCATION: May 1999 NORTHERN ILLINOIS UNIVERSITY COLLEGE OF LAW; DeKalb, IL—Juris Doctor, with Honors May 1980 HOLY CROSS COLLEGE; Worcester, MA—Bachelor of Arts Internship at U.S. Environmental Protection Agency, Office of Pesticides Management Programs; researched alternatives to chemical pesticides for pest management. EXPERIENCE: April 2000 to MILLER,MANNIX, SCHACHNER& HAFNER, LLC, Glens Falls,NY Present Practice concentrated in Municipal Law, including Planning,Zoning and Land Use matters and Tax Assessment Litigation; general municipal matters. October 1999- BASCH&KEEGAN,LLC; Kingston,New York December 1999 Reviewed motions and prepared arguments and memoranda; general legal research. September 1997- COLLEGE OF LAW,NORTHERN ILLINOIS UNIVERSITY; DeKalb,IL April 1999 Research Assistant to James J. Alfini, Professor of Law. General legal research and assisted with coordination of the College's first Mediation Advocacy Competition. June 1998- CASEY& BRANNEN,P.C.; St. Charles,IL August 1998 Reviewed auto accident personal-injury case files and composed prospectuses(demand letters and exhibits) sent to insurance companies; general research. June 1997- NEW YORK STATE SUPREME COURT; Kingston,NY August 1997 Reviewed and evaluated motions on a variety of cases. Prepared memoranda with recommendations as to rulings. April 1993 - BANCPLUS MORTGAGE CORP.; San Antonio, TX June 1996 Evaluated loan applications;prepared responses to audits by FNMA and FHLMC. August 1984- FIRST CITY,TEXAS BANK; Austin and San Antonio, TX November 1992 Managed foreclosed properties and Bank-occupied commercial real estate. MEMBERSHIPS: New York State Bar Association,Adirondack Women's Bar Association COMMITTEES: Board of Directors, Warren County Bar Association(2003 —2004) _��� MILLMAN-01 VDECELLE A�QRD DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 08/29/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Associates of Glens Falls,Inc. PHONE fa 228 Glen Street,PO Box 190 (ac,No,Ext):(518)793-3444 (A/c,No);(518)793-1580 Glens Falls,NY 12801 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:AXIS Insurance Company INSURED INSURER B: Miller,Mannix,Schachner&Hafner LLC INSURER C: 15 W.Notre Dame Street INSURER D: Glens Falls,NY 12801 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS MADE OCCUR PREMISES RENTED $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ POLICY jECT LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABIUTY (Ea accident)SINGLE LIMIT ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y 1 N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ FFICER/ MBEEXCLUDED? N/A Mandatory iMEn NH)R E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Lawyer Professional 0140840117 08/28/2017 08/28/2018 4,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 52°44 .47P1— ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD November 2017 TOWN OF QUEENSBURY,WARREN COUNTY, NEW YORK REQUEST FOR PROPOSALS FOR PROFESSIONAL LEGAL CONSULTING SERVICES The Town Board of the Town of Queensbury,New York, Warren County, is soliciting proposals for legal services for the Town, Town Departments and its various boards. 1. Objective The Town of Queensbury, a municipal corporation in the State of New York, is seeking proposals from qualified law firms to provide a variety of legal services.Attorneys or firms may submit a proposal for*: A. Town Board, Town department legal services and Town Planning Board and Town Zoning Board of Appeals legal services. Which would include, among other things: Bond/BAN/debt issuance, contract formation and review, district formation, district consolidation, Article 7&78 proceedings, EMS/Fire issues and contracts, environmental/SEQRA, FOIL/Open Meetings, Highway Law, Inter-municipal Agreements, Insurance—health,property and liability,Lake George Park Commission. Municipal code development and amendment. B. Employment&Labor Law/Negotiations *The Town reserves the option of securing different firms for A and B. 2. Scope of Services The selected firm will perform day-to-day duties for the Town including providing legal guidance to the Supervisor,the Town Board,Department Heads and administrative boards such as the Planning and Zoning Boards.Routine duties include but are not limited to: 1. Advise on issues relating to Town and Town Laws governing the Town; 2. Advise on matters relating to zoning, land use, environmental matters and code enforcement; 3. Draft local legislations to include local laws and resolutions; 4. Provide guidance with respect to the State Environmental Quality Review Act(SEQRA); 5. Attend Town Board meetings and provides advice as needed; and 6. Upon request, attend Planning Board,Zoning Board of appeals and other administrative board meetings and advise the boards as needed. 7. 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. 8. Counsel will review Town Board resolutions representing planning and zoning issues. 3. Compensation The selected firm will be paid by the Town on a monthly basis.All requests for payment are to be submitted in detail on the appropriate voucher to be provided by the town. Please note that, in some instances, payments will be made as a pass through from a developer who, as part of his/her project is required to reimburse the town for services rendered. 4. Terms of Agreement It is intended that this agreement will be for a duration of two years. The agreement for legal services may be terminated by either party by thirty(30)days written notice.The agreement will provide for annual review of compensation and evaluation of performance.The agreement is non-exclusive and allows the Town to obtain legal services from other providers if, for any given project, it determines such services to be necessary. 5. Professional Liability Insurance The firm shall, at its sole expense, acquire, continuously maintain during the period in which the firm is performing services, and provide the Town with acceptable proof of professional liability insurance coverage with an annual aggregate of not less than $2,000,000 per occurrence, covering acts, errors,or omissions of a professional nature committed or alleged to be committed by the firm or any of its subcontractors as a part of its performance of professional services. The firm shall agree to maintain in full force and effect during the term of the contract Workers Compensation Insurance. In addition,the firm agrees to indemnify and save harmless the Town against all liabilities, claims and demands for personal injury or property damages or other expenses suffered or arising out of or caused by any negligent acts or omissions of the fine, its subcontractors, agents,or employees incurred in the performance of its services. 6. Experience and Qualifications Expertise of the firm shall be demonstrated by proof of past contract successes providing similar services as described in Section 2. The proposals will be evaluated on knowledge, experience and successes of these similar services. Interested law firms must submit the following: 1. A description of your firm's history, expertise and experience to accommodate those items listed in#1. Objective. 2. Resumes of your firm's members. 3. A description of your firm's familiarity with the Town of Queensbury's legal needs. 4. Please submit a not to be exceeded hourly rate and an annual cap (exclusive of special counsel services including litigation, bond counsel, labor negotiations-arbitration and beyond -or other authorized special projects);the annual cap will be the agreed upon amount that if legal fees surpass,the contracted firm will still furnish required legal services, but the town will not be obligated to pay. 5. Identify your billable in-house expense items and the amounts you intend to bill for them. 6. Proof of liability insurance. 7. List any potential or existing conflicts of interest: (disclosure of conflicts will not automatically exclude applicant) a. Work being done for outside parties. b. Work being done by your firm with others doing business in the Town of Queensbury. c. Members of your firm who are currently, or have been in the past two years,members of a political committee. d. Any relations or relationships with employees of the Town that might have the appearance of a conflict of interest. e. Other. 7. Proposal Submission Information Submission Date and Time:November 30,2017 @ 4:00 PM One (I) original&eight(8) copies Submit to: Purchasing Agent Joanne Watkins Town of Queensbury 742 Bay Road Queensbury,NY 14585 Clearly mark the submittal with the title of this RFP and the name of the responding firm. Only those RFP responses received prior to or on the submission date and time will be considered.The Town of Queensbury reserves the right to select the proposal of more than one firm to fulfill the legal service needs of the Town. 8. Rejection of Proposals The Town reserves the right to reject any or all proposals, or to reject any proposal if the evidence submitted by, or investigation of such respondent fails to satisfy the Town that such respondent is properly qualifies to carry out the obligations of the RFP and to complete the work contemplated therein. The Town reserves the right to waive any minor informality in the RFP.