2016-166 2016-166
Resolution Authorizing Amendment To The Agreement For Operation Of Carnival, Rides,
Concessions And Amusements For Town Of Wappinger Community Day
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 May 9,
2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-166
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS, the Town of Wappinger Recreation Department sponsors the Town of
Wappinger Community Day; and
WHEREAS, the Town Board authorized the use of Schlathaus Park for the 41st Annual
Town of Wappinger Community Day which is to be held on September 10, 2016; and
WHEREAS, the Town of Wappinger Community Day has always provided a number of
activities, including carnival rides, games and concessions for the attendees; and
WHEREAS, the Town of Wappinger Recreation Department requested proposals for the
operation of carnival rides, games and concessions through a "Request for Proposals for the
Operation of Carnival Rides, Concessions and Amusements for Town of Wappinger Community
Day 2016" (RFP) dated February 10, 2016; and
WHEREAS, only one proposal was submitted to the Town of Wappinger Recreation
Department by C &N Amusements, Inc.; and
WHEREAS, the Town Board, in consultation with the Director of Recreation, found it
was in the best interests of the Town to enter into an Agreement with C & N Amusements, Inc.
to provide for the operation of carnival rides, games and concessions as more fully described in
the above-mentioned RFP; and
WHEREAS, the Attorney to the Town, in consultation with the Director of Recreation,
negotiated terms of an Agreement approved by the Town Board by Resolution No. 2016-138 on
April 25, 2016; and
WHEREAS, C & N Amusements, Inc. has requested an amendment to the terms of the
Agreement, specifically a reduction in the amount of excess (umbrella) insurance from $5
million to $4 million; and
WHEREAS, there are no other amusement companies that have expressed interest in
providing the carnival rides, games and concessions for one day; and
WHEREAS, the Town Board, in consultation with the Recreation Director, finds C & N
Amusement, Inc.'s request to be reasonable and in the best interests of the Town.
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 Members acknowledge they have reviewed the terms and
conditions of the Agreement, the request by C & N Amusement, Inc. to reduce the excess
(umbrella) liability coverage from $5 million to $4 million and find the requested amendment to
be reasonable and acceptable.
3. The Town Board hereby authorizes the Town Supervisor to execute the
Agreement with C & N Amusements, Inc. with the amendment reducing the excess (umbrella)
liability coverage from $5 million to $4 million, said amendment is not subject to the Town's
Procurement Policy.
4. Supervisor Lori A. Jiava is hereby authorized and directed to execute the
Agreement between the Town of Wappinger and C &N Amusements, Inc. in substantially the
same form as attached hereto.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
5/9/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK