4.39 f
4.39
2020 ORGANIZATIONAL\MILLER MANNIX SCHACHNER&HAFNER-2020-21
RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER, MANNIX,
SCHACHNER & HAFNER, LLC AS TOWN LEGAL COUNSEL FOR
GENERAL TOWN LEGAL SERVICES FOR 2020 - 2021
RESOLUTION NO. ,2020
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 Miller, Mannix, Schachner & Hafner, LLC
(MMSH) as the Town's legal counsel for general Town legal services on a contractual basis for the
years 2020 - 2021 as set forth in the Agreement between the Town and MMSH for Provision of Legal
Services,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Miller,
Mannix, Schachner & Hafner, LLC (MMSH) as legal counsel providing general Town legal services
for and on behalf of the Town for the years 2020 - 2021 in accordance with the Agreement between
the Town and MMSH for Provision of Legal Services substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Agreement and any other needed documentation and take all actions necessary to
t
effectuate the terms of this Resolution.
Duly adopted this 1"day of January, 2020, by the following vote:
AYES
NOES
ABSENT:
2
e
y
ANNUAL AGREEMENTS\2020WILLER MANNIX SCHACHNER HAFNER-2020-2021
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
MILLER, MANNIX, SCHACHNER & HAFNER, LLC
FOR PROVISION OF LEGAL SERVICES TO
TOWN OF QUEENSBURY FOR 2020-2021
This Agreement is entered into as of January 1, 2020 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 2020 —
2021, 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
J
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. Counsel is to
provide the Town Board with a monthly summary (due the first week of the following month)
of ongoing and new projects, activities or services; this summary will include descriptions,
progress and timetables of each project/activity/service.
3. Term and Renewal - The Term of this Agreement shall be from January 1, 2020 until December
31, 2021. This Agreement may be renewed for the years 2022 and 2023 upon such terms as may
be agreed to by the Town and Counsel.
i
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 $220 for 2020 and not to exceed $225 for 2021. Counsel will invoice
the Town on a monthly basis and the Town will pay all invoices within thirty (30) days.
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 such
matters.
TOWN OF QUEENSBURY MILLER, MANNIX, SCHACHNER &
HAFNER, LLC
By: By:
JOHN F. STROUGH, III , ESQ.
TOWN SUPERVISOR