Resolution No. 286

Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING A CONTRACT WITH NAPOLI SHKOLNIK, PLLC FOR LEGAL SERVICES TO RECOVER UNCOLLECTED 911 CHARGES FROM CELL PHONE PROVIDERS (COUNTY TREASURER)

WHEREAS, the New York State Association of Counties has endorsed the law firm of Napoli Shkolnik PLLC to recover uncollected 911 surcharges from cellular providers; and

WHEREAS, the County Treasurer recommends that the County of Fulton contract with Napoli Shkolnik, PLLC to review records and pursue uncollected 911 surcharges from cellular telephone providers; now, therefore be it

RESOLVED, That upon the recommendation of the County Treasurer, and the Committee on Finance, the Chairman of the Board be and hereby is authorized to sign a retainer agreement between the County of Fulton and Napoli Shkolnik, PLLC of New York, New York, to conduct a review and pursue claims against cellular providers; such agreement to include but not limited to the following terms and conditions:

  1. Any payments to Napoli Shkolnik, PLLC shall be based upon a contingency fee not to exceed 25 percent of the County’s net share of any recovery;
  2. There will be zero cost to Fulton County if there is no settlement or award; and, be it further

RESOLVED, That said agreement is contingent upon approval of the County Attorney; and, be it further

RESOLVED, That the County Treasurer and County Attorney do each and everything necessary to further the purport of this Resolution; and, be it further RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, County Attorney, NYS Association of Counties, Napoli Shkolnik, PLLC, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

Seconded by Supervisor WILSON and adopted by the following vote: TOTAL: Ayes: 19 Nays: 0 Absent: 1 (Supervisor Callery)