2008-1032008-103
1%W Resolution Declaring Contractor Default
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 March
24th, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, the Town of Wappinger previously entered into a Contract dated
November, 2004 with MJW Consulting, Inc. with an office at 33-33 161" Street, Flushing, New
R York 11358, hereinafter referred to as "MJW", to provide for mass appraisal services related to
the completion of a Town Wide Real Property Revaluation to be completed by June 1, 2007; and
WHEREAS, pursuant to the aforementioned Contract, John M. Watch was designated
the Project Manager and Christian Harkins, Town Assessor to the Town of Wappinger, was
designated Project Administrator; and
WHEREAS, pursuant to Paragraph 34 of the Contract, MJW was required to produce
specifically identified "Deliverable Products"; and
WHEREAS, the Town Assessor, acting as Project Administrator of the contract, has
advised the Town Board that most of the "Deliverable Products" have not been provided by
MJW as follows (in order pursuant to Paragraph 34):
Deliverable Produced
(Yes/No)
Project Status No
Training No
Data Collection Form with Sketch Yes
Digital Copy of Sales Yes
Report of Failures/Discrepancies No
Tax Map Description No
Valuation Process Outputs No
Manual and Computerized Reports No
Computer Produced Comparable Sales Yes
Computer Produced Market/Income Report Yes
for Commercial Parcels
Computer Produced Market/Income Report
err for Commercial Parcels
Computerized Copy of Valuation Factor
Land Schedules and Sales Analysis Documentation
Overview Report of Valuation Methods Used
Limited Restricted Report for Each Unique/Highly
Complex Property Not Valued
Cross Reference of Values
Report of Reasons for All Changes
Tentative Rule
Report on the Disposition of All Taxpayer Complaints
Document
Received But
Not Acceptable
No
No
No
No
Yes
No
No
No
WHEREAS, the Project Administrator by letter dated November 20, 2007 advised MJW
of the various provisions of the Contract with which it failed to comply, a copy of said letter is
on file with the Town Clerk; and
WHEREAS, the Project Administrator had made numerous attempts to have MJW
comply with the terms and provisions of the Contract both in writing and orally by telephone;
and
WHEREAS, MJW has still failed to comply with the terms and provisions of the
Contract, including, but not limited to the items recited above; and
WHEREAS, in consequence of MJW's failure to perform and complete the project in
accordance with the Contract above identified, the Town, and its residents have, and will incur
unreasonable and unnecessary expenses to comply with the rules and procedures of the New
York State Office of Real Property Tax Services in connection with a Town Wide Revaluation of
Real Property Parcels; and
WHEREAS, the Town Board hereby determines that MJW has failed to perform its
obligations pursuant to the above referenced Contract and hereby declares that MJW is in default
of said Contract, including, but not limited to, failing to provide the "Deliverables" as set forth in
Paragraph 34 of the Contract identified above, failing to provide the work and products identified
in the Project Administrator's letter of November 20, 2007, failing to provide necessary access to
its computerized program and generally failing to otherwise comply with the requirements of the
Contract in a timely and orderly fashion.
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. For the reasons set forth and identified above and for those reasons set forth in the
letter of Town Assessor Christian Harkins dated November 20, 2007, designated as Project
Administrator under the contract, the Town Board hereby finds that MJW Consulting, Inc. with
an office at 33-33 161" Street, Flushing, New York 11358, has failed to perform its duties,
obligations and requirements set forth in the Contract dated November, 2004 by and between
MJW Consulting, Inc. and the Town of Wappinger, and hereby declares MJW Consulting, Inc.
to be in default thereof.
3. The Town Board hereby directs the Attorney to the Town, Albert P. Roberts,
Supervisor Christopher J. Colsey and Town Assessor and Project Administrator, Christian
y` Harkins, to take all necessary legal actions and all necessary steps to enforce the provisions of.
r✓ the Contract and/or commence legal action to recover all costs and expenses the Town has
incurred and will incur to supply the products, work, labor and services which were not supplied
by MJW pursuant to the Contract dated November, 2004.
4. Supervisor Christopher J. Colsey, Town Assessor and Project Administrator,
Christian Harkins and Attorney to the Town, Albert P. Roberts are directed to undertake all
steps necessary and appropriate to ensure that the work otherwise required by the
aforementioned Contract between MJW and the Town of Wappinger is undertaken and
completed as quickly as practicable so as to comply with the requirements of the New York State
Office of Real Property Tax Services with respect to the Town Wide Revaluation.
5. This resolution shall not be deemed an acceptance or approval of any work
performed by MJW under the Contract.
6. This resolution shall not be construed as an acknowledgement that MJW has
fulfilled any of its obligations under the Contract and cannot be construed in any way as an
admission or acknowledgement that MJW is entitled to any payment under the contract; and
7. This resolution specifically reserves any and all rights the Town has to demand
delivery from MJW of any and all products and services due under the Contract.
8. The Town Board hereby states that it does not waive any rights that the Town has
under the Contract in adopting this resolution.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
3/24/2008
The Resolution is hereby duly declared adopted.
J 0 (". -A�' �
�46qN—Z.'NfASTERSON, TOWN CLERK