Documents

agreement 4 pages

Also attached to this agenda item: December 2nd Resolution 239-2024 Authorization to... On-Call Planning and Environmental Consulting Services... Retainer Engagement Letter

4867-5801-8558, v. 1 Village of Croton-On-Hudson 1 Van Wyck Street Croton-on-Hudson, NY 10520 Village Attorney Retainer Agreement The Village of Croton-on-Hudson (the “Village”) hereby retains the law offices McCarthy Fingar, LLP (the “McCarthy Fingar”), 711 Westchester Avenue, Suite 405, White Plains, NY 10604 to act in the role of Village Attorney in accordance with the following terms: 1. Personnel Joshua Subin shall be responsible for the scope of services provided by McCarthy Fingar hereunder. Mr. Subin will attend all regular meetings of the Board of Trustees, and all special meetings and work sessions on an as needed basis. In the event of his unavailability (ie. illness, emergency, vacation and the like), we expect that Daniel Pozin will attend such meetings on Mr. Subin’s behalf. McCarthy Fingar will provide counsel to attend Planning Board meetings on a regular basis, and Water Control Commission and Zoning Board of Appeals meetings on an as needed basis. 2. General Scope of Services The General Scope of Services provided to the Village shall cover customary and routine municipal matters including the following: (a) attending or otherwise participating in regular and special meetings of the Village Board and Planning Board including work sessions, executive sessions and advice of counsel sessions; (b) attending or otherwise participating in other meetings (e.g. with staff) on an as needed basis; (c) providing counsel to the Mayor and Trustees, Village Manager, Village Clerk, Village Treasurer, Engineering Department, Department of Public Works, and Police Department, and legal support on an as needed basis to other departments and professional staff; (d) drafting legislation, resolutions and notices when requested; (e) drafting and reviewing business documents, including but not limited to, agreements, licenses, easements, contracts and leases; (f) assist and advise Village personnel in matters involving response to FOIL requests and Open Meetings Law compliance, although primary responsibility will remain with Village Personnel; (g) providing legal advice, written opinions and memoranda as needed to assist the Village Board and/or the Village Manager, including general advice on possible litigation prior to commencement of a proceeding or receipt of a notice of claim; (h) upon request, providing educational-type programs to assist with the review of land use matters; and (i) monitoring and responding to e-mail correspondence and telephone communications between and among McCarthy Fingar, the Village, Village officials, Village staff and persons with matters pending with the Village. McCarthy Fingar shall be paid a General Retainer covering the General Scope of Services of Seven Thousand ($7,000) Dollars per month through May 31, 2025, and commencing on June 1, 2025, monthly payments of Nine Thousand ($9,000) Dollars. 3. Land Use Applications For each land use application that may come before the Board of Trustees or the Planning Board, McCarthy Fingar shall charge the Village (a) a blended hourly rate of $275.00 per hour regardless of the attorney working on the matter, for the first two hours of work, and thereafter (b) its Regular Hourly Rates on a straight hourly basis. Regular Hourly Rates range from $300.00 to $500.00 depending on the attorney. Work on land use applications includes review of project documents including SEQRA documents, communications with applicants, and their attorneys and consultants as needed, and attendance at Village Board and Planning Board meetings, as determined by the Village Manager and/or Village Engineer. This rate structure will apply regardless of the Board having jurisdiction for approval of the application. The Village has authority to require land use applicants to reimburse the Village’s legal fees under Village Code Chapter 178. McCarthy Fingar shall invoice separately and the Village shall pay directly for any charges which may become subject to billing by the Village for reimbursement by others including from funds held by the Village in escrow pursuant to Chapter 178 of the Village Code. It remains entirely within the purview of the Village whether it will charge others, such as land use applicants, for the services provided to the Village by McCarthy Fingar. Payment of such separately billed invoices by the Village shall not be contingent upon collection by the Village under any reimbursement or escrow policy. 4. Litigation Litigation consists of any matter that is commenced by a formal court or arbitration paper, such as a summons, complaint, petition for review, notice of claim, or violation, and includes (a) defense of the Village in litigation, including small claims actions and Article 78 proceedings, (b) litigation or other actions or proceedings brought by or on behalf of the Village, including in rem tax foreclosure proceedings; (c) appeals, arbitrations, mediations and any other litigation-related matters assigned by the Village Board of Trustees, including non-party subpoenas and depositions. McCarthy Fingar will not prosecute Vehicle & Traffic offenses or simple Village Code violations, unless specifically requested by the Village Manager. Work 4867-5801-8558, v. 1 on litigation matters will be billed at the blended rate of $275.00 per hour regardless of the attorney working on the matter. 5. Special Projects Special Projects include major Village endeavors which are not typically done, such as land acquisition, disposition, or development, and the preparation of broad-scale or complex legislation. Work on Special Projects will be billed at the blended rate of $275.00 per hour regardless of the attorney working on the matter. Considering that some Special Project work may be difficult to categorize in advance, the final decision on what is or is not a special project shall be made by the Village Manager. 6. Outside Counsel It is acknowledged that the Village engages separate Labor Counsel for all labor relations and employment matters and General Liability Counsel (as may be assigned under insurance policies) for Constitutional or other Federal claims, property damage and personal injury matters, and that McCarthy Fingar shall not be responsible for same, although McCarthy Fingar shall communicate and coordinate efforts with such separate counsels as may be necessary. In addition, with respect to Certiorari Proceedings, the Village of Croton-on- Hudson Assessor will be primarily responsible for negotiating resolutions for such matters and McCarthy Fingar will assist in negotiations where necessary and review stipulations of settlement. 7. Disbursements: The Village will be responsible to McCarthy Fingar for any disbursements and expenses as may be included on a regular invoice or submitted separately. Such disbursements and expenses include filing fees, expert fees, electronic research charges and messenger charges, and could also include reports prepared by outside experts (such as appraisers etc.), prepared at the direction of counsel, although such expenditures must have prior Village approval. We do not, however, seek reimbursement for mileage or travel time, ordinary postage expenses or in-house reproduction. 8. Billings: McCarthy Fingar will bill for work performed each month, provide separate details invoices of work performed on each matter including reasonable and necessary disbursements, and include the Village’s standard voucher for payment. Our billing records are maintained at intervals of one- tenth (1/10th) of an hour. 9. Term: McCarthy Fingar shall serve at the pleasure of the Village Board of Trustees in accordance with terms of this Agreement. Terms may be amended upon agreement of the parties and shall be set forth in a subsequent written agreement. The Village Board of Trustees may conduct an annual review of compensation, goal-setting and evaluation of performance. 10. Records: McCarthy Fingar shall maintain legal records and files on any matter in which they have rendered services to the Village. All such records compiled by McCarthy Fingar pursuant to this Agreement shall revert to the Village upon termination of the Agreement. 11. Other Clients: During the term of this Agreement, McCarthy Fingar shall not represent any other client before any department, board or commission of the Village. 12. Village Rights: McCarthy Fingar is obligated to inform you that the Village has a right to arbitration of any fee dispute under Part 137 of Rules of the Chief Administrator of the Courts. Dated: December ___, 2024 Village of Croton-on-Hudson McCarthy Fingar, LLP By: _____________________ By: _____________________ Name: Bryan T. Healy Name: Daniel Pozin Title: Village Manager Title: Co-Administrative Partner