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4.33 4.33 2024 ORGANIZATIONAL\BARTLBTT PONTIFF STEWART RHODBS—Labor and Personnel Legal Services—2024-2025 RESOLUTION AUTHORIZING ENGAGEMENT OF BARTLETT, PONTIFF, STEWART & RHODES, P.C. FOR LEGAL SERVICES RELATED TO LABOR MATTERS AND LABOR-RELATED MATTERS FOR 2024 - 2025 RESOLUTION NO. ,2024 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 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 2024 - 2025 as set forth in in BPSR's December 5, 2023 Letter Proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Bartlett, Pontiff, Stewart&Rhodes,P.C., (BPSR)for provision of legal services to the Town specifically related to requested labor and labor-related matters on a contractual basis for the years 2024-2025 in accordance with BPSR's December 5, 2023 Letter Proposal 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 V day of January, 2024,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None 2 r A AN B' BARTI.STT, Porrr1 FF, STEWA1rr & RHODEs, F.C. G o RRcsr J.Talum PHILAP C.MCrNT1Wt6 ALNX&N IRA Co R023I.L MARX A. i.Rxowrrz ATTORNEYs AT LAW ;TeP""B. SHAPMO J.LAWRnvcs FAc.TRuwrrz 1PMa BOX 2168 BRKIWK1N B:. PRATT.JR. M•rrnr 3.B. O'HARA DAM WASHINGTONSTHECT OF coot "M PATVJC1A E.WA'IIM" RORMArr IL Mci1 UZAN MARK E. CsRAsANo GLENS FALLS, NEW YORK 129 6 1-2 1 68 Purrumm BRNcs 01 L1ru"M R3CHARD A BAxrLm= PAtm A NiADEAv Bnm m 1926-"L$ JONATHAN C.I.APMM TFx RPHONE (SIS)832-6� PAOL E. PoNrwF JANNS R. BURXZVT FAX(SLI)8244M 1930-2021 STEPANIS pIZAAI I n BITTRR E' btAIL UpAbosrlaw oom PLOUR tT$.STEWART KARL waiiAMB HVzrrN6R WE'BSrFrs www.bwfriaw."M 1932-2001 JOHN D. NVRI717 BERTRAM 3, BOAR SrAvIem ev FA"Immz NOT ACCEPTED 19x6-19 December 5, 2023 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, 2025, 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: $220.00 per hour for attorney's time and $140.00 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, fasces 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 (0.750461 per month. J 40 Town of Qoueensbury Page 2 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, POi,NTI FF, STEWART & RHODES, P. BY: J. ence Paltrowitz .Direct Line: (528) 832-6443 Direct R--mail: Ayai)!'spsrlaw.com JLP:tlh l have read and understand the terms of the above letter, have received a copy and accept all of its terms. TOWN of QUEENSBURY By: