2013-0772013-77
Resolution Employing Labor and Employment Counsel Services 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 February
11, 2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Ismay Czarniecki
Michael Kuzmicz
Vincent F. Bettina
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
BE IT RESOLVED, that pending review of RFP's and reappointment, the attached
Retainer Agreement of David Wise, now with the firm of Iseman, Cunningham, Riester & Hyde,
LLP shall establish the rates and fees to be paid for such legal advice and services as may be
required for representing and defending the Town of Wappinger for all matters of Personnel and
Labor Relations as may be required.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: ABSENT
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
2/11/2013
The Resolution is hereby duly declared adopted.
CHRISTINE FUL ON, TOWN CLERK
ISEMAN, CUNNINGHAM, RIESTER ~L HYDE, LI,P
Attorneys and Counselors at Law
Michael J. Cunningham
Robert H. Iseman
Carol A. Hyde
Brian M. Culnan
Richard A. Frankel
Richard A. Mitchell
Karen E. Sosler
James P. Lagios
John F. Queenan
Joshua E. Mackey
David R. Wise+
2649 South Road • Poughkeepsie, NY 12601
Phone 845-473-8100 Facsimile 845-473-8777
www. icrh.com
9 Thurlow Terrace ~ Albany, NY 12203
Phone 518-462-3000 Facsimile 518-462-4199
Laurie K. Chisolm**
Penny M. Hahn
Marc A. Antonucci
Linda J. Terner*°
Omer Gil
Frank P. Izzo
Michael W. Deyo
Michelle Almeida+
Brett A. Busht
Frederick C. Riester
(1942-2012)
January 23, 2013 +Also Admitted in Connecticut
_..___.
""" °Also Admitted in Massachusetts
~ ~ ~~A33 ~tted in New Jersey
n
[~~ ~ t ~ ~ ~ I `~,~~ i ['~'"dmitted kn Vermont
G'' I `Also Admitted n Virginia
FEB ~ 6 2%13 ,
Hon. Barbara A. Gutzler, Supervisor
Town of Wa in er TC~~~' ~~ ` ~- T` ~~~ ~~~~~
pp~ g ~ ~ , ''~`
210 Middlebush Road "~'~~~'~~ ~'~ °~
Wappingers Falls, NY 12590
Re: Town of Wappinger Labor and Employment Counsel
Our File No. 3570.0000
Dear Ms. Gutzler:
We are required by the Court Rules to send to each new client a statement of our fee
arrangement. It is our normal practice to acknowledge our retention by clients and to set forth
our billing practices. This letter, therefore, confirms that we have been retained to represent you
in connection with the above matter, acknowledges receipt of this matter and confirms our
understanding regarding the financial arrangements between us.
The services we will provide under this agreement are advice and counsel regarding labor
and employment matters, and any discreet or special projects that the Board determines should
be handled by counsel other than the Town's regular attorney.
Our charges to you will consist of our fee, which is based upon our regular schedule of
hourly time charges, and disbursements.
The billing rate that applies to the services I perform is $165 per hour. The rate charged
for our legal assistants is $130 per hour. Please note that these were the same rates being
charged at Gellert & Klein. These rates are reviewed from time to time and changes made where
appropriate. We generally change our hourly rates on January 1 of each year.
In the various cases we undertake, we attempt to assign the attorney or attorneys whom
we believe will most effectively be able to handle the particular issues in question from a
professional standpoint cost effectively to the client. At times there may be more than one
attorney working on your legal matters as complexity, expertise or other issues require. As
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January 23, 2013
schedules permit, we also try to make sure that work that can be done by an attorney with a
lower hourly rate is not being performed by an attorney at a higher hourly rate.
Disbursements are expenses that we incur on your behalf. For example, your bill may
show disbursements for photocopies, long distance telephone charges, filing and search fees in
government offices, courier charges (such as Federal Express or local messenger service), travel,
secretarial overtime, private investigators' charges, real property title searches, surveys and
insurance, fax transmissions, computerized legal research, and other expenditures which may be
appropriate in handling your work.
For large out-of-pocket disbursements, we will send you a copy of the bill, ask that you
pay it directly and send us a copy of the check so we can keep track of the account.
The matter we are handling for you has been entered into our periodic billing system.
Our normal billing cycle is monthly. Payment is due upon receipt.
If you have any questions about your work or our bills, we encourage you to call or write.
If you have questions about our bill, please call as soon as you receive your statement. We will
make every effort to resolve the problem. If we have not heard from you within 15 days of the
date of the bill, we think it is fair to assume that you have seen it and find it acceptable. The
purpose of this requirement is to resolve fee problems immediately while recollections of events
are fresh.
Under New York State law, all attorneys are required to advise their clients that the client
has the right to arbitrate fee disputes for amounts of at least $1,000, but less than $50,000.
Members of an arbitration panel are impartial and will be familiar with the area of law in dispute.
You understand that the outcome of arbitration is final and binding upon all parties to the
dispute. In all cases, we reserve the right to stop performing services if our invoices are not paid
on a timely basis.
The Firm will extend its best efforts on behalf of the client, but the Firm does not
guarantee a favorable determination. Payment of legal fees is not contingent upon obtaining a
favorable result or determination.
The Firm reserves the right to withdraw from this engagement whenever withdrawal is
required or permitted by ethical standards of practice. If substitution of attorneys becomes
necessary, you will promptly select substitute attorneys and cooperate fully in effecting
such substitution.
You agree that ICRH may use electronic mail (e-mail) to correspond with you and other
parties, as necessary, regarding all matters for which ICRH has been retained by you. You
understand that e-mail can present a confidentiality risk if it is intercepted or misdirected, and
that, on occasion, e-mail is lost on the Internet. ICRH agrees to make reasonable efforts to
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maintain the security and confidentiality of e-mail communications among ICRH, you
and others.
From time to time, we forward to you documents in word processing format. Your
revision or subsequent use of such documents without our review as forms for what appear to be
similar transactions may have unintended effects for which our firm cannot be responsible. No
two transactions are alike, and we urge you to have new documents reviewed by us before you
use them.
This letter describes our standard billing procedures. Your signature below will
constitute your understanding of and agreement with this arrangement. Please return the signed
letter by mail or email, and retain the copy for your records.
We want to thank you for selecting us as your counsel. We are pleased to represent you,
and we look forward to a mutually satisfactory relationship with you. We appreciate the
confidence you have shown in allowing us to represent you.
If you have any questions or require additional information in the meantime, please do
not hesitate to contact me.
Very truly yours,
ISEMAN, C GHA , RIESTE/R~&/HYD~E-LLP
David R. Wise
dwise(a,icrh. com
DRW/am
Enclosure
Agreed to this day of , 2013
TOWN OF WAPPINGER
By:
Barbara A. Gutzler, Supervisor
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