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2022 ORGANIZATIONAL\BARTLETT PONTIFF STEWART RHODES—Labor and Personnel Legal Services—2022-23
RESOLUTION AUTHORIZING ENGAGEMENT OF BARTLETT, PONTIFF,
STEWART & RHODES, P.C. FOR LEGAL SERVICES RELATED TO LABOR
MATTERS AND LABOR-RELATED MATTERS FOR 2022 - 2023
RESOLUTION NO. ,2022
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 Bartlett, Pontiff, Stewart & Rhodes, P.C.,
(BPSR) for the provision of legal services specifically related to requested labor and labor-related
matters on a contractual basis for the years 2022 - 2023 on an hourly basis as set forth in BPSR's
December 21, 2021 Letter Proposal,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Bartlett,
Pontiff, Stewart & Rhodes, P.C., for the provision of legal services to the Town specifically related to
requested labor and labor-related matters on a contractual basis for the years 2022-2023 on an hourly
basis in accordance with BPSR's December 21, 2021 Letter Proposal 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 BPSR's Letter Proposal substantially in the form presented at this meeting and/or any other
documentation and the Town Supervisor and/or Town Budget Officer to take all actions necessary to
effectuate the terms of this Resolution.
Duly adopted this Yd day of January, 2022, by the following vote:
AYES
NOES
ABSENT:
2
ALAN R.RHODES BARTLETT, PONTIFF, STEWART& RHODES,P.C. Joan D.WRIGHT
ROBERT S.MCMILLEN JESSICA HUGABONE VINSON
PHILIP C.McLNrmF ATTORNEYS AT LAW GREGORY J.TERFSI
MARK A.LEBOWITZ P.O.BOX 2168 VICTORIA M.CRAET
J.LAwRENCE PALTRownz ONE WASHINGTON STREET ALEXANDRA C.DAMS
MALCOLM B.O'HARA BENIAmm R.PRATT.JR,
PATRICIA E.WAixixs GLENS FALLS, NEW YORK 12801-2168 OF COUNSEL
MARK E.CERASANO RICHARD J.BARTLETT
BRUCE 0.LIPINSKI 1926-2015
PAULA NADEAU BERUBF TELEPHONE(518)832-6440 PAUL E.PO.NTiFF
JONATIGI,N C.LAPPER FAX(518)824-1040 1930-2021
JAMES R.BURKETT EMAIL 1v r(>7bPsr1aw.com RGBERT S.STEWART
STEFANIE DiLALLO BITTER WEBSITE www.bosrlaw.com 1932-2001
KARLA WlLLIAMS BUETTNER BERTRAAI J.DUBE
SERVICE BY FACSIMILE NOT ACCEPTED 1916-1999
December 21, 2021
John Strough, Supervisor
Town of Queensbury
742 Bay Road
Queensbury,New York 12804
Re: Legal Services -Labor and Labor-Related Matters
Dear John:
We are pleased that the Town of Queensbury would like to continue to engage our law firm
to provide legal services to the Town as special counsel in connection with labor matters and labor-
related matters through December 31, 2023. This engagement letter is intended to explain the scope
of the services we have agreed to perform,the fees to be charged together with our billing practices,
and the Town's rights with regard to any disputed fees.
We have been engaged to provide legal services involving the Town in connection with labor
matters and labor-related matters. We have not been engaged to provide any other legal services for
the Town. We will bill the Town for the legal services provided, as well as for any costs or
disbursements which we may incur on the Town's behalf in connection with our representation as
follows: $200.00 per hour for attorney's time and$120.00 per hour for paralegal time. Hours will
be posted in one-tenth hour increments. Our firm will not bill the Town for telephone charges,
routine photocopying,routine postage,faxes or mileage fees to and from the Town of Queensbury,
or for any in-house expense items other than the following extra-ordinary expenses: disbursements
for extraordinary expenses for which our firm paid on behalf of the Town,any required overnight
lodging,mileage at the Internal Revenue Service rate per mile for required travel to locations other
than the Town of Queensbury,extraordinary photocopying by an outside service,or overnight mail
service paid to a third party. Our firm will also bill for charges incurred for filing fees, process
server fees,witness fees,arbitrator fees,impartial hearing officer fees,or necessary expert fees. Any
fees or disbursements not paid within thirty (30) days of the billing date will be subject to a late
charge of.75 of 1 percent(0.75%)per month.
e 2
Town of Queensbury Page
Our firm will provide the Town Board with a monthly summary in 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.
This will also confirm that our firm providing the legal services as special counsel to the
Town as referenced in this letter will not create a conflict of interest so that our firm may represent
other clients in matters involving the Town,including but not limited to,land use matters before the
Planning Board,Zoning Board of Appeals, and/or Town Board.
While we seek to avoid any fee disputes with our clients, and rarely have such disputes, in
the event such a dispute does arise,you are advised that the Town has the right,at your election,to
seek arbitration to resolve the fee dispute. In such event,we shall advise you in writing by certified
mail that you have 30 days from receipt of such notice in which to elect to resolve the dispute by
arbitration,and we shall enclose a copy of the arbitration rules and a form for requesting arbitration.
The decision resulting from arbitration is binding upon the Town and this firm.
We look forward to the opportunity to continue to work with you and the other
representatives of the Town in this matter.
Please sign below signifying your agreement with the terms contained in this letter, and
return a fully signed letter to me. Thank you and the Board for allowing our firm to continue to be
special labor counsel to the Town.
Sincerely,
BARTLETT,PONTIFF, STEWART
&RHODF ,P
BY:
J. awrence Paltrowitz
Direct Line:(518) 832-6443
Direct E-mail.ii 60psHaiv.com
JLP:tlh
I have read and understand the terms of
the above letter,have received a copy and
accept all of its terms.
TOWN OF QUEENSBURY
By: _