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2004-108n RESOLUTION NO. 2004-108 RESOLUTION APPROVING RETAINER FOR MARCO CAVIGLIA AS SPECIAL COUNII, TO THE TOWN OF WAPPINGER At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 23rd day of February, 2004, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Councilmembers- Joseph Ruggiero Robert L. Valdati Joseph P. Paoloni Maureen McCarthy Vincent Bettina The following Resolution was introduced by Ms- Myrarthy and seconded WHEREAS, the Town Board has heretofore appointed Marco CaviglkUs Special Coun� to the Town; and WHEREAS, the Town and Marco Caviglia have agreed on the fees to be paid to Marco Caviglia as more particularly set forth in the attached retainer letter, and WHEREAS, the appointment of legal coun*l is exempt from competitive bidding otherwise required by General Municipal Law 103. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the appointment of Marco Caviglia as Special Cowl& to the Town. 3. Marco Caviglia and his firm, shall be paid in accordance with the Schedule of Fees set forth in the retainer attached hereto and made part hereof. 4. Supervisor Joseph Ruggiero is hereby authorized and directed to confirm the Retainer Agreement set forth in the attached retainer from Marco Caviglia. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilmember Voting Aye VINCENT F. BETTINA, Councilmember Voting AbGPnt JOSEPH P. PAOLONI, Councilmember Voting Aye MAUREEN MCCARTHY, Councilmember Voting Aye Dated: Wappingers Falls, New York February 23, 2004 The Resolution is hereby duly declared adopted. GLORIA J. MORSE, TOWN CLERK 01/08/1994 17:17 8452975385 MARCO CAVIGLIA,ESQ. PAGE 01 RETAINER AGREEMENT This is a retainer agreement by and between the Law Firm of Marco Caviglia and the Town of Wappinger, hereinafter "the client." 1. a. The client retains the Law Firm to render services In connection with all work that may be assigned to Marco Cavlglla as Special Counsel to the Town of Wappinger ' from January 1, 2004 through December 31, 2005. If for any reason the Law Firm is not able to undertake any particular assignment, Including but not limited to conflict of interest or unsuitability of the assignment requested, then the Law Firm will notify the client of that and other counsel will be obtained by the client for that particular assignment. Further, as multiple assignments are anticipated, none shall require any additional retainer. b. Once the assignment is made, the client authorizes the Law Firm to take any steps which, In the sole discretion of the firm, are deemed necessary or appropriate to protect the client's Interest in the matter. 2. a. The client agrees to pay for the services of the Law Firm at the rate of $150.00 per hour for all time expended by any attorney In or out court. The client agrees that any work performed and expenses Incurred on the client's behalf prior to the date of signature below shall have the rates stated herein and the terms of this agreement applied retroactively to January 1, 2004. b. In addition to the foregoing, your responsibility will Include direct payment or reimbursement to this firm for disbursements advanced on your behalf, the same to include, but not necessarily be limited to, court filing fees, recording fees, charges of process servers, travel expenses, messenger services, necessary secretarial overtime, transcripts, the customary fees of stenographers referable to examinations before trial in the event such examinations are utilized, long distance telephone calls, telefaxes, mileage, deposition and court transcripts, Investigative services, certified or express mail, Federal Express, photocopy charges, stenographic services, subpoena fees, retention of expert witnesses, appraisal reports, valuation reports, excess postage, computerized legal research, and such other expenses as may be required to effectively handle the client's matter. C. Each letter will be billed at a minimum of .25 hour and every telephone conversation at a minimum of .25 hour. This amount has been arrived at as a result of calculating the time Involved In retrieving the file, and examining the documents or letters required to dictate the letter or respond to the call, In addition to the time required to consider tide problem arising from or to be dealt with in the call or letter,.. d. From time to time, the Law Firm may utilize the services of a paralegal to perform certain services or activities In the course of your case. The hourly costs for such Law Firm of MUCO CAVX0TjZA 2620 south Avenue, MappingarRraII •, NOW York 12590 (643) 297..0044 01/08/1994 17:17 8452975385 MARCO CAVIGLIA,ESQ. services which will be billable to you is $90 per hour. Legal assistant's time Is billed at $25 per Wur. e. The client further understands that the hourly rates apply to all time expended relative to the client's matter, including but not limited to, office meetings and conferences, telephone calls and conferences, either placed by or placed to the client, or otherwise made or had on the client's behalf or related to the client's matter, preparation, review and revision of correspondence, pleadings, motions, disclosure demands and responses, affidavits and affirmations, or any other documents, memoranda, or papers relative to the client's matter, legal research, travel and court appearances, conferences, file review, preparation time, travel time, and any other time expended on behalf of or In connection with the client's matter. You agree to pay us such additional fees and to reimbursg .for_,puF advances on your penaif-ttiat may be due from time to tim aster -fan -!#arty" 30) days from the date that we shall st days after our annum shaO --vo rsanr�aaunt due to us Is not paid within thirty (30) +t to you o terest at the rate of ten (15%) ercent per to the balance due to us. �"""�� a. You will be billed periodically, generally each month but in no event less frequently than every 60 days. Included in the billing will be a detailed explanation of the services rendered, and the disbursements incurred by our firm in connection with your matter. Upon receipt of our bili, you are expected to review the bill and promptly bring to our attention any objections you may have to the bill. While we strive to keep perfectly accurate time records, we, recognize the possibility of human error, and we shall discuss with you any objections you raise to our bill. You will not be charged for time expended in discussing with us any aspect of the bill rendered to you. 5. In the event that any bill from the Law Firm remains unpaid beyond a thirty (30) day period from the date of the bill, the client agrees that the Law Firm may withdraw Its representation, at the option of the firm. In the event that an action Is pending, and absent your consent, an application must be made to the Court for such withdrawal. Where the fee is unpaid for the period set forth above, the client acknowledges that in connection with any such withdrawal application, that the account delinquency shall be good cause for withdrawal. 6. a. While we seek to avoid any fee disputes with our clients, and rarefy have such disputes, In the event such a dispute does arise, and if your overall expected fee is over $1,000.00, then the client may have the right to arbitrate such fee dispute under Part 137 of the Rules of the Chief Administrator pursuant to the procedures set forth in such Rules. In, such event, the Law Firm will forward the requisite notices and forms to the client to exerci4e such rights. 7. a. The client understands that no one particular member of the Law Firm is Law rirm of MARCO CAVIOLIA 2610 South Avenue, wappingcm Yale, Now York 12390 (845) 297-0044 PAGE 02 01/08/1994 17:17 8452975385 MARCO CAVIGLIA,ESO. PAGE 03 being retained but, rather, the Law Firm as an entity is undertaking legal representation of the client pursuant to this Retainer Agreement and that the Law Firm reserves the right to assign and delegate all aspects of such representation as the Law Firm, In its sole discretion, deems appropriate including to outside of -counsel to the Law Firm retained to assist In your matter at the same rate as stated above. b. Such assignment and delegation may Include, but is not limited to, preparation of pleadings, motions, disclosure demands and responses, settlement negotiations, Preparation of agreements, preparation and conduct of examinations before trial, court appearance, trial work, and any other matter deemed by the Law Firm to be appropriately delegated. 8• a. The client acknowledges that he or she has read this agreement in its entirety, has had full opportunity to consider its terms, and has had full and satisfactory explanation of some, and fully understands its terms and agrees to such terms. b. The client fully understands and acknowledges that there are no additional or different terms or agreements other than those expressly set forth In this written agreement. c. The client acknowledges that he or she was provided with and read the Statement of Client's Rights and Responsibilities, a copy of which is attached to their Retainer Agreement or was previously received by the client. 9. We have informed you that pursuant to court rule, we are required, as your attomeys, to certify court papers submitted by you which contain statements of fact, and specifically to certify that we are aware of no inaccuracies in the court submission. Accordingly, you agree to provide us with complete and accurate information which forms the basis of court papers and to certify in writing to us, prior to the time the papers are actually submitted to the Court, the accuracy of the court submissions which we prepare on your behalf and which you shall review and sign. 10. it is specifically acknowledged by you that this firm has made no representations to you, express or implied, concerning the outcome of any litigation presently pending or hereafter to be commenced. You further acknowledge that this firm has not guaranteed and cannot guarantee the success of any action taken by the firm on your behalf during such litigation with respect to any matter therein. 11, The client understands that there are many factors outside the control of the Law Firm which can affect the course and outcome of a case, as well as the amount of time and Wort required to deal with the various Issues Involved. 18. The client acknowledges that the Law Firm has not and cannot predict or estimate low many hours of services will be required to conclude any particular matter. Accordingly, he Law Firm cannot predict or estimate the total cost of services, or how much the L&V V1= of MXCO CAVIOLI$ �Q30 South Avenue, NaWng9v# FAIN, New York 12590 (845) 297-0044 01/08/1994 17:17 8452975385 MARCO CAVIGLIA,ESQ disbursements, costa and other expenses might be, beyond the terms and descriptions set forth above. 19. You are aware of the hazards of litigation and acknowledge that we have made no guarantee in the disposition of any phase of the matter for which you have retained this office. If this fee arrangement meets with your approval, kindly sign your name where indicated on the copy of this letter and return same tome in the envelope enclosed for your convenience. 20. The client agrees that in the avant that the Law Firm Is required to commence any legal action to collect any amounts due and owing from the client to the Law Firme client , th shall be responsible forall attorneys fees, expenses, costs and disbursements a such activity if the claim is meritorious. the thed with Kindly Indicate your understanding and acceptance of the above by signing the letter below where indicated. We look forward to matter. being of service to you in connection with this Hon. Joseph Ruggiero Supervlsor,Town of Wappinger Wroo Cavigiia, Esq. PAGE 04