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2022 ORGANIZATIONAL\MILLER MANNIX SCHACHNER&HAFNER-2022-23
RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER, MANNIX,
SCHACHNER & HAFNER, LLC AS TOWN LEGAL COUNSEL FOR
GENERAL TOWN LEGAL SERVICES 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 Miller, Mannix, Schachner & Hafner, LLC
(MMSH) as the Town's legal counsel for the provision of general Town legal services on a contractual
basis for the years 2022 - 2023 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 for the provision of general Town legal
services for and on behalf of the Town for the years 2022 - 2023 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 substantially in the form presented at this meeting and/or any other needed
A
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 3`d day of January, 2022, by the following vote:
AYES
NOES
ABSENT:
2
ANNUAL AGREEMENTS\2022WIILLER MANNIX SCHACHNER HAFNER-2022-2023
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
MILLER, MANNIX, SCHACHNER & HAFNER, LLC
FOR PROVISION OF LEGAL SERVICES TO
TOWN OF QUEENSBURY FOR 2022-2023
This Agreement is entered into as of January 1, 2022 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 2022 —
2023, 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. Scone 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 will
provide status updates at least monthly on the Town legal issues in which they are involved
upon request of the Town Supervisor and/or Town Board.
3. Term and Renewal - The Term of this Agreement shall be from January 1, 2022 until December
31, 2023. This Agreement may be renewed for the years 2024 and 2025 upon such terms as may
be agreed to by the Town and Counsel.
4. Fees for Leeal Services - Counsel shall be paid by the Town on an hourly fee basis with time
e
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charges computed according to the actual time spent by Counsel in representing the Town at an
hourly rate not to exceed $230 for 2022 and not to exceed $240 for 2023. 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