4.12 4.12
AGREEMENTSTitzgerald Morris—Legal Services—11-21-16
RESOLUTION AUTHORIZING ENGAGEMENT OF FITZGERALD
MORRIS BAKER FIRTH, P.C. AS TOWN LEGAL COUNSEL
RESOLUTION NO.: ,2016
INTRODUCED BY:
WHO MOVED 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 legal counsel on a contractual basis for
2017 -
NOW,
017 - NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of
FitzGerald Morris Baker Firth, P.C. as legal counsel for and on behalf of the Town for 2017 -
in accordance with the Agreement for legal services presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Agreement in substantially the form presented at this meeting.
Duly adopted this 21st day of November, 2016, by the following vote:
AYES
NOES
ABSENT:
f
AGREEMENTS\Fitzgerald Morris Baker Firth—2017
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FITZGERALD
MORRIS BAKER FIRTH, P.C. FOR PROVISION OF LEGAL SERVICES
TO TOWN OF QUEENSBURY
This Agreement is entered into as of January 1, 2017 between the TOWN OF
QUEENSBURY ("Town") and & FITZGERALD MORRIS BAKER FIRTH, P.C.
("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 2017
, 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. Subiect 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 attendance at the first portion of Planning
Board meetings and occasional Zoning Board of Appeals meetings, 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, labor negotiations, contested personnel
matters 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, 2017 until
December 31, 20_. This Agreement may be renewed for the year 20_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 $160. Counsel will invoice the Town on a monthly
basis and the Town will pay all invoices within thirty (30) days. For calendar year(s)
2017-20_, annual legal fees for all of the above services, exclusive of special counsel
services including litigation, bond counsel, labor negotiations, contested personnel
matters or other authorized special projects, will not exceed $190,000, regardless of the
actual amount of time spent by Counsel in such representation. During such calendar
year(s), 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 FITZGERALD MORRIS BAKER
FIRTH, P.C.
By: By:
JOHN F. STROUGH (Name and Title)
Town Supervisor