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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