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4.15 4.15 SERVICES\Legal Services—Lewis&Greer—Erie Boulevard Hydropower Assessment Litigation—9-23-19 RESOLUTION AUTHORIZING ENGAGEMENT OF LEWIS & GREER AS SPECIAL COUNSEL PERTAINING TO ERIE BOULEVARD HYDROPOWER, LP V TOWN OF QUEENSBURY ARTICLE 7 ASSESSMENT LITIGATION RESOLUTION NO.: ,2019 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Erie Boulevard Hydropower, LP has commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury challenging the assessments on its Sherman Island hydropower facility, and WHEREAS, the Town Board wishes to engage Lewis& Greer as special counsel to provide legal services pertaining to such litigation at the rate of up to $195 per hour, as set forth in Lewis & Greer's September, 2019 Retainer Agreement presented at this meeting, and WHEREAS, the Queensbury Union Free School District will split the costs of such legal services equally with the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Lewis & Greer as special counsel to provide legal services pertaining to the Article 7 Real Property Assessment Review cases against the Town of Queensbury commenced by Erie Boulevard Hydropower, LP, such services to be provided at the rate of up to $195 per hour, as set forth in Lewis & Greer's September, 2019 Retainer Agreement substantially in the form presented at this meeting, with the understanding that the total cost of such legal fees will be shared equally between the Town and the Queensbury Union Free School District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that such services shall be paid for from such account(s) as may be determined to be appropriate by the Town Supervisor and Town Budget Officer, and the Town Budget Officer shall amend the Town Budget and/or or take any other actions necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Retainer Agreement substantially in the form presented at this meeting as well as any other needed documentation and the Town Supervisor, Town Assessor, Town Counsel and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 23`d day of September, 2019, by the following vote: AYES : NOES : ABSENT: LEWIS 801, GREER P.C. 510 HAIGHT AVENUE,SUITE 202 POUGHKEEPSIE,NEW YORK 12603 LOU LEWIS (845)454-1200 MAILING ADDRESS J.SCOTT GREER FAX:(845)454-3315 — WWW.LEWISGREER.COM P.O.Box 2990 — POUGHKEEPSIE,NY 12603 DYLAN C.HARRIS PHIL GIAMPORTONE RETAINER AGREEMENT THE UNDERSIGNED hereby retain(s) the office of LEWIS & GREER, P. C., Attorneys and Counselors-at-Law, for representation in connection with the following matter: Town of Queensbury—Tax Certiorari Defense for Sherman Island Hydroelectric Facility ATTORNEYS FEES for services rendered to be paid at the rate of$195.00 per hour, plus costs and disbursements. Client understands that disputes with respect to legal fees may be subject to arbitration with the Client's consent pursuant Part 137 of the Rules of the Chief Administrator of the Courts, 22 N.Y.C.R.R.§ 137. Client hereby acknowledges receipt of Lewis & Greer, P.C.'s statement concerning billing practices annexed hereto and accepts the terms and conditions set forth therein. This is a legally binding contract. Ask to have each item you do not understand fully explained to you so that you understand the agreement you are making. THE UNDERSIGNED HEREBY AGREE THAT THEY ARE JOINTLY AND SEVERALLY RESPONSIBLE/LIABLE FOR THE PAYMENT OF ALL LEGAL FEES AND EXPENSES. (initial) (initial) Dated: Poughkeepsie,New York September , 2019 TOWN OF QUEENSBURY QUEENSBURY UNION FREE SCHOOL DISTRICT By: By: (Tax Id: ) (Tax Id: ) LEWIS& GREER,P.C. By: INVOICES ARE PAYABLE UPON RECEIPT. A late fee may be charged on that portion of any invoice that is not paid within thirty (30) days of the date thereof equal to one percent (I%) per month of the unpaid balance due and will accrue on each subsequent month thereafter that the debt remains unpaid. Billing practices: Welcome to Lewis & Greer P.C. Members of this firm have been providing quality legal services throughout New York State since 1969. Biographical data and information with respect to the firm's primary fields of practice are available on request or visit our web site at www.lewisgreer.com. The terms and conditions of your agreement with Lewis & Greer for the provision of legal services are contained in this Retainer Agreement executed by you, a copy of which should have been provided to you. Generally, the firm provides all services on a time basis with a minimum billing increment of 6 minutes. The minimum billing increment is not predicated only on client contact, such as a telephone call, but also accounts for the time involved in referring to the file and recording the contact itself. You will note that all time spent by an attorney on your case is recorded and charged including but not limited to legal research, drafting of documents,travel on your behalf,meetings and conferences. Invoices for legal services are rendered monthly and are payable upon presentation. Your invoice will show the date the service was performed, a detailed description of the service, and the total time expended in performing the services. Monies advanced by the firm on your behalf, known as "disbursements", will also appear on the invoice and are the responsibility of the client. Please review each invoice upon receipt and promptly bring any errors, disputes, questions, or concerns to our attention at the earliest opportunity. The failure to bring errors and disputes to our attention within twenty(20)days of the date of the invoice shall constitute a waiver thereof. PAYMENT OPTIONS: CHOOSE ONLY ONE Flat Rate: You have been quoted a flat rate of $ for legal fees for the matter which is outlined above, however, that rate does not include costs and disbursements. No changes may be made to this quote without executing a new agreement. I choose the Flat-Rate Plan Pre-authorized Credit Card Payment Plan: By checking the box below,you authorize and direct L&G to take the retainer amount requested above and any and all invoices charged to the above file. This procedure will continue until the file is completed, or until you have notified us in writing to discontinue same. At that point, you may decide to change over to the retainer plan and we will discuss alternative arrangements for the payment of future billings, if any. I choose the Pre-Authorized Credit Card Plan Retainer Plan: By checking below,you have chosen to provide our law firm a retainer in the amount listed above which will be paid to our firm in trust. The retainer will serve as a source of security for legal fees, disbursements and sales taxes on all accounts rendered, but will not be used to cover the payment of monthly invoices unless you indicate that in writing. Note however, Lewis&Greer, P.C. reserves the right to apply retainer funds toward any legal fees and/or disbursements that are outstanding for more than thirty(30)days after the invoice date. If Lewis&Greer, P.C. applies your trust funds to outstanding invoices,you may need to replenish this retainer so that it is sufficient to cover the estimated cost of work in progress plus the cost to complete the work. I choose the Retainer Plan In cases where the retainer has been depleted to cover invoices, we will request additional funds and until that retainer is replenished, or in the event that a credit card authorization is denied or rejected for any reason, our firm shall not be obliged to carry out further work until other payment arrangements have been agreed upon by our law firm. a Regardless of the plan decided upon,the security given by the Client and the guarantees and the security given by the guarantor(s) below apply and remain effective. Security for Unpaid Accounts: It is anticipated that either the retainer plan or the pre-authorized credit card payment plan will enable all legal costs to be paid immediately. But in the event that sums remain owing to our law firm for whatever reason, Lewis & Greer, P.C. obtains security from our clients (and other person(s) as Guarantor) for amounts which are due and owing. By signing this agreement,you(and any Guarantor(s) also signing this agreement) grant Lewis & Greer, P.C., a security interest over all of your(and the Guarantor's, Guarantors', who sign) present and after acquired personal property as security for any and all amounts due and owing to our firm from time to time. All enforcement costs incurred by our firm are also secured. By signing this agreement, you hereby waive notice of the filing of any financing statement or receipt of any verification statement relating to this security interest. The Guarantor(s) hereto, if any, hereby guarantee the debts and obligations of the Client to Lewis & Greer, P.C. hereunder and covenant with Lewis & Greer, P.C. to pay the same to Lewis & Greer, P.C. in the event of default in payment by the Client hereunder. Lewis & Greer, P.C. reserves the right to increase its hourly rate no more than once during each calendar year,not to exceed 10%of the hourly rate in place immediately preceding the increase. Client understands and acknowledges that no legal representation,appearance,or preparation will begin in this matter until payment on account is paid in full. This is a legally binding contract. Ask to have each item you do not understand fully explained to you so that you understand the agreement you are making. We look forward to working with you. You may be assured of our best efforts on your behalf. (initial) (initial)