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2020 ORGANIZATIONAL\BARTLETT PONTIFF STEWART RHODES—Labor and Personnel Legal Services—2020-21
RESOLUTION AUTHORIZING ENGAGEMENT OF BARTLETT, PONTIFF,
STEWART & RHODES, P.C. FOR TOWN LEGAL SERVICES RELATED TO
EMPLOYMENT AND LABOR LAW/NEGOTIATIONS 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 Bartlett, Pontiff, Stewart & Rhodes, P.C.,
(BPSR) for the provision of legal services for matters specifically related to employment and labor
law/negotiations on a contractual basis for the years 2020 - 2021 on an hourly basis for all requested
employment law, labor law and labor negotiation services as set forth in BPSR's December 18, 2019
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 for and on behalf of the Town for
the years 2020-2021 on an hourly basis for all requested employment law, labor law and labor
negotiation services in accordance with BPSR's December 18, 2019 letter proposal, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed Agreement related to such legal services in form acceptable to the Town
J
Supervisor or any other documentation and take all actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 1"day of January, 2020,by the following vote:
AYES
NOES
ABSENT:
2
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December 18, 2019
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, 2021. 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 Tovm's rights with regard to any disputed fees.
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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 I percent(0.75%)per month,
Town of Queensbury 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, PONTIFF, STEWART
& RHODES, P.
BY.
J. N rence Paltrowit-
Direct Line: (578)832-6443
Direct E-mail:
JLP:tIh
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:_____