2004-373RESOLUTION NO. 2004-.373
RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACT BETWEEN
THE TOWN OF WAPPINGER AND MJW CONSULTING, INC.
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 the 20th
day of December, 2004, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Council Members - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Ms. McCarthy and seconded by
Mr. Valdati
WHEREAS, the Town Board of the Town of Wappinger has previously authorized in
Resolution No. 2004-331, Supervisor Joseph Ruggiero to enter into the Municipal Cooperation
Agreement with Towns of Beekman, East Fishkill, Fishkill, Lagrange and Poughkeepsie and the
City of Beacon, pursuant to Article 5-G of the General Municipal Law for the purposes of
establishing the entity to be known as the "Southern Dutchess County Reassessment
Consortium" for the purposes of identifying cooperative and economically beneficial methods
for producing new and equitable assessments for each of the participating municipalities; and
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WHEREAS, "Southern Dutchess County Reassessment Consortium" has selected MJW
Consulting, Inc. as a qualified provider of the assessment services needed by the constituent
municipalities; and
WHEREAS, the Town of Wappinger wishes to contract for mass appraisal services
related to the completion of the Town -wide real property reevaluation to be completed by June 1,
2007; and
WHEREAS, the Town of Wappinger wishes to enter into a contract with MJW
Consulting, Inc. to provide real property reevaluation/assessment services for all real property
within the Town including any property within the Village of Wappingers Falls located within
the jurisdictional boundaries of the Town of Wappinger.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Supervisor Joseph Ruggiero is hereby authorized on behalf of the Town to sign a
contract between the Town of Wappinger and MJW Consulting, Inc. to provide real property
reevaluation/assessment services for all real property within the Town of Wappinger including
any property that the Town is obligated to assess within the Village of Wappingers Falls, in
substantially the same form as the annexed contract and approved by Albert P. Roberts, Attorney
to the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting Aye
ROBERT L. VALDATI, Councilman
Voting Aye
VINCENT F. BETTINA, Councilman
Voting Aye
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JOSEPH P. PAOLONI, Councilman
MAUREEN MCCARTHY, Councilwoman
Dated: Wappingers Falls, New York
December 20, 2004
Voting A)zp
Voting Aye
The Resolution is hereby
/4 0
J.
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declared adopted.
MJW Consulting, Inc.
Real Property Reassessment Project
Town of Wappinger
Dutchess County
New York
Contract No. 240035
, 2004
This agreement made and entered into this day of 2004, by and between the TOWN, OF
WAPPLNGER (hereinafter referred to as "Town"), acting herein by the undersigned official, and MJW
CONSULTING, INC. (hereinafter referred to as "Contractor"), whose principal office is located at 33-33 161"
Street, Flushing, New York, 11358.
WITNESETH
Whereas, the Town wishes to contract for mass appraisal services related to the completion of the Town wide
revaluation to be completed by June 1, 2007.
Now therefore, in consideration of the mutual covenants and agreements herein contained, the parties agree as
follows:
1. Revaluation Project
Contractor will comply with all appropriate IAAO and New York State Office of Real Property Services
(hereinafter referred to as "ORPS") standards for conducting an assessment Project. Computer modeling will
be developed utilizing SPSS, with valuation results imported to RPSVersion 4 (hereinafter referred to as
"RPS 4"). Contractor will use proprietary Assessment Review Software (hereinafter referred to as "ARS") for
data collection, digital photography and comparable sale reports. These three systems are independent of RPS
4 as provided by ORPS and the Town of Wappinger will be provided with a permanent license for the use of
the 2007 version of Contractor's proprietary software at the commencement of the Project. All data will be
transferred to RPS 4.
This reassessment of all real property will be completed pursuant to Sections 301 and 305 of the New York
State Real Property Tax Law (RPTL). This reassessment will be completed in accordance with the
requirements of statutes and ORFS rules, regulations and procedures so that the Town will qualify for State
assistance under RPTL § 1573.
2. Scope of Project
This revaluation is for all real property within the Town (hereinabove and hereinafter referred to as the
"Project"). Contractor will value all locally assessed parcels in roll sections 1 (taxable), 7 (ceiling railroad),
and 8 (wholly exempt). For public utility property, Roll Section 6, the Contractor will provide values for all
land and buildings, but not utility furniture, fixtures and equipment. Advisory appraisals will be requested
from ORFS for all utility properties (roll Section 5 and 6 and forestry factors and assistance (from the State
Forestry Unit for Roll Section 8).
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3. Project Management
The Town shall appoint one person to serve as the primary contact between the Town and Contractor
(hereinafter referred to as the "Project Administrator".) This Project will include thorough public relations
subject to the Town's direction and approval. The Contractor will meet with the Town at the end of the
Project, and a representative of the Contractor will meet at any time during the Project, if the Town determines
it is necessary. Phone conferences will be scheduled at the request of the Town. News releases and public
meetings will be scheduled at follows:
Signing of Contract and Commencement of Field Work
Sending Data Mailers
Disclosure Notices and Informal Hearing
Tentative Assessment Roll
Board of Assessment Review
Public meetings will be scheduled to advise governmental sources and the general public of the status of the
Project. In addition to or in place of such meetings, at the Town's option, Contractor will attend meetings of
the Town of Wappinger Town Board to give the Town Board an update on the status of the Project. Public
meetings will commence upon commencement of the project. In the event the Town requires the Contractor to
attend in excess of twenty such meetings, the Contractor shall, in addition to all other compensation provided
for by the Agreement, bill the Town at the rate of $150.00 per hour for all such meetings. The time schedule
will be arranged with the Project Administrator and submitted for review after contract signing. At a
minimum, the following points will be addressed as often as possible:
significance of real property tax;
purpose and methods of Project;
role of Town and Project Administrator;
necessity of data collection;
cooperation of parcel owners is key to success;
assessment disclosure aspect throughout the Project; and
ongoing nature of system
The Proj ect Administrator will provide general direction throughout the Proj ect and timely assistance with the
resolution of problems when requested by the Contractor and ORPS
4. Documentation
The Town will provide timely access (no later than November 15, 2004) to all current assessment roll, tax
map, RP -5217 forms, zoning maps, zoning ordinances, and building permits.
Within ten (10) days of Project start up, the Contractor and the Town will determine the time frame and
procedures for:
1. assessment roll changes;
2. identification of new constructions and demolitions, building permits;
3. sales documents (RP -5217); and other pertinent information.
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5. Space and Equipment
The Town will provide no less than 100 square feet of office space located at , Town of
Wappinger for storage space; training areas; site for informal reviews; and adequate office furniture; at no
charge to the Contractor, for all required activities throughout the life of the Project. Access to this space shall
be available during normal work hours of 8:30 to 4:30. If required, the Contractor will be provided access
during off -hour operations, providing adequate notice is given. This special access will generally occur during
the informal review process. Contractor is responsible for providing its own telephone service, which is atoll
free number 1-866-814-7114. All messages will be answered directly or via voice mail. The Town will supply
photocopying not to exceed 500 copies (per month), above which number the Contractor shall pay $0.05 per
copy. Contractor shall supply any other office equipment as needed.
6.
7.
Project Administrator Participation
a) The Project Administrator will be completely involved throughout this Project.
b) The Project Administrator will participate in all informational meetings and attend training sessions.
c) The Project Administrator will provide the Contractor with "local" knowledge, and participate in data
element selection and editing, field verification, value analysis, and field review.
d) The Project Administrator will review file maintenance corrections and the collection and
verification of data related to new construction, building permits, and demolition.
e) The Project Administrator will update all exemption amounts prior to assessment disclosure
processing.
Clerical Function(s)
The Contractor is responsible for training municipal staff so that they can routinely interface with assessment
administration software provided by Contractor and others as they relate to the Contractor's involvement and
be familiar with the basic concepts of valuation by the end of the Project. Formal training will include, but not
be limited to, such topics as: data collection; valuation; field review and income and expense data analysis
necessary to maintain a current "valuation factor file"
The Contractor will provide municipal staff the following workshops:
WORKSHOPS
RFV Market Analysis/Valuation
Commercial Market and Income
Analysis/Valuation
Subsequent Roll Value Maintenance
Board of Assessment Review
LENGTH OF DATES
WORKSHOP
4 Hours To be determined
4 Hours To be determined
4 Hours To be determined
4 Hours To be determined
In addition, Contractor will provide on-the-job training in the practical application of file maintenance for the
Town's Data Processing Supervisor, Project Administrator and staff. Contractor shall coordinate these training
cycles with other jurisdictions that are conducting reassessment projects in Dutchess County for which the
contractor is providing said services.
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S. Board of Review Training
The Contractor will provide the Board of Assessment Review (BAR) with an overview of the reassessment
Project; the basics of mass appraisal; and familiarization with the valuation concepts used; field review
procedures; and valuation/field review reports. This training will be conducted in a classroom environment
and consist of a minimum of two hours.
9. Properties to be Valued by Roll Section:
Total Parcel Count
9,258
Residential
6,648
Commercial
1,664
Vacant
738
Other
208
These parcel counts may vary, but the total parcel count shall not exceed 6,500 (259 more than total shown
above.) The Town will not be responsible to pay any additional fees if the parcel count exceeds 6,500 during
the life of this contract with the exception of valuation requirements of individual mobile home units situated
in the Mobile Home Parks.
10. GIS Capacity and Availability
Contractor will develop and implement a GIS component compatible with the Town of Wappinger's existing
GIS mapping system. This component will develop layers to be utilized for valuation development, testing
and implementation. Other services for GIS can be developed and added as implementation to this contract at
the request of the Town of Wappinger. All GIS work completed for this Project will be delivered to and
become the property of the Town at the completion of the Project.
11. Data Processing
All phases of the Project will be carried out using computers (Toshiba Portege Tablets) supplied by Contractor.
These computers will be available with no charge for computer usage to the Town during the data inspection
collection effort.
12. Software
Existing Contractor software developed for data collection, comparable sales, digital photography, personnel
and financial management of the Project shall be compatible with RPS 4 and any software to be installed on
any Town owned computer must be approved and installed by the Town's Data Processing Supervisor or his
staff.
The data collection software will also be modified to work with the Town of Wappinger Building Department.
The software will be modified to meet the specific needs of the building Department in access and storing
information which is shared with the Assessment Office. ARS compares existing data to new field data to
develop a more comprehensive inventory file of the subject property. An audit report identifying all changes
can be produced on a daily, weekly or monthly basis.
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13. Tax Map Data
During the data collection effort, the data collectors and GIS Consultant for contractor may discover tax map
errors. These errors will be reported to the Project Administrator as they are discovered. The Project
Administrator will furnish the Contractor with tax map inventory changes. Contractor will duly note all errors
with tax maps to the Project Administrator and Real Property Services for the County of Dutchess.
14. Taxpayer Inquiry
All taxpayer inquiries and complaints will be fully documented and responded to with electronic copies sent to
the Project Administrator and Parcel File. At a minimum, the following will be forwarded to the Town:
name of inquirer or complainant;
time and date of inquiry/complaint; and
the response to the inquiry or complaint
15. Residential (200 Class) Inventory Data Collection
All data collection for such parcels will be conducted in accordance with the minimum standards of Volume 6
of the Project Administrator's Manual published by ORPS. The Contractor will conduct an on-site inspection
as defined by ORPS rules of all residential parcels (in the 200 class), with the exception that interior
inspections are not required for every parcel. The contractor shall arrive at every 100, 200, 400, 500, 600, and
700 class parcel of real property and begin the inspection process from the public right-of-way. There are 48
standard questions that are reviewed and validated from ARS. At the time of answering questions, each
inspection team via ARS is instructed to approach the improvement located on the parcel and attempt to make
contact with the occupant. At this point in time, the data collector must answer the following:
No Answer- Resident not home, conduct exterior walk around of the property and leave pre -approved
literature at property.
Interior- Resident permits access and interior questions are answered
Verbal- Resident home answers questions and permits exterior walk around
Exterior- Resident does not answer questions regarding interior, but permits walk around
Denial- Resident requests that the inspector leave the property
Gated- Access denied to site because it is gated
The data inspection teams will validate existing inventory data. Each team will also validate the dimensions of
each structure by measuring the front and side of main structure and compare it to the existing sketch. If the
existing sketch is tagged in the review process for field re -measurement, the entire property will be re-
measured.
The Contractor will equip each team (two data collectors consisting of one male employee and one female
employee) with a Toshiba Protege Tablet computer with appropriate software to conduct field inspections with
questions defined by the Town to be answered by the data collectors. All data will be stored in an audit table
for reference. Every property inspection shall be time stamped with a start time, interior access time and
completion time.
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16. Non -Residential Inventory Data Collection
All data collection for all parcels within the Town of Wappinger that are not in the 200 class property use code
will be conducted in accordance with the minimum standards of Volume 6 of the Project Administrator's
Manual published by ORFS. The Contractor will conduct an on-site inspection as defined by ORPS rules of
all such parcels, with the exception that interior inspections are not required for every parcel. The data
collectors will attempt to perform a complete interior inspection of improved properties provided the property
owner allows entry.
The Contractor will equip each team (two data collectors consisting of one male employee and one female
employee) with a Toshiba Protege Tablet computer with appropriate software to conduct field inspections with
questions defined by the Town to be answered by the data collectors. All data will be stored in an audit table
for reference. Every property inspection shall be time stamped with a start time, interior access time and
completion time.
17. File Creation and Maintenance
Property Record Cards are to be created and or corrected within ten (10) working days after the last required
visit to the property. Documents for parcels that are data collected are to be manually verified for
completeness and computerized. Contractor is responsible for the loading of all data collection changes for all
parcel changes, which are reported to the Contractor prior to the taxable status date of the implementation year.
Examples are changes due to:
parcel splits;
parcel merges;
demolition;
fire; and
new construction
The Contractor's property record card will be used in this Project. A sample is attached hereto as Exhibit A
Contractor shall convert all existing Property Record Cards in the Town Assessor's office into digital format
compatible with RPS 4, including at least the following information
parcel ID (parcel key);
owner name;
owner address;
parcel location;
property class code
The Project Administrator is responsible for the reporting of such changes to the Contractor. The Town shall
be responsible for all property record card maintenance usual to the normal operation of the Town Assessor's
office. All parcels will be edited and file maintained prior to Data Mailer production. At that time, a complete
set of edit reports is to be given to the Town. Data Mailer discrepancies will be resolved and corrections made
to the inventory file prior to valuation testing. Throughout the Project, the Contractor will make available,
upon request, all edit reports and subsequent output reports to the Project Administrator and ORPS.
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As part of this project, the contractor shall scan the primary property record card (front and back) into a digital
PDF file that is identified by the Section Block and Lot Number Code. This digital image will become part of
the permanent ARS File System that will enable the Contractor and Town to digitally view the latest property
record card.
Sketches for all parcel will be conducted by using the scanned property record pdf files. Sketches that cannot
be completed because of unreadable cards will be digitally entered at the respective Town Assessment Office.
Sketches for all improved parcels will be done on the data collection form. All sketches will be digitally
entered into the Assessment Review Software. New property record cards with sketches will be printed and
stored in the file folder.
The Project Manager for Contractor will field verify a minimum of five (5%) percent of all parcels from each
data collector (whether or not the data collector was under the supervision of the Town) within 30 days from
the start of data collection.
All vacant and agricultural lands are listed on the appropriate property record card with appropriate land
breakdown. For parcels in an agricultural district, or for parcels currently receiving an agricultural exemption,
land breakdowns are to be noted separately for eligible and ineligible lands as categorized on the exemption
application.
The Contractor will collect the land data items for parcels in the public utility category, if the assessing unit
indicates that the full value produced by the advisory appraisals of public utility property provided by the State
Board will be used in the revaluation.
18. Data Mailer
Upon completion of the data collection and input process, data mailers will be sent to owners of each parcel of
property in the residential, commercial, farm, and vacant categories. These mailers will be sent at least one
time, which will consist of a selected property description as collected with a cover letter, which explains the
purpose and content of the mailer, and the procedure whereby the property owner may schedule an
appointment for an interior inspection. All data mailers will have a color picture of the subj ect property. The
Contractor shall prepare, produce and mail the data mailers.
Taxpayers will be asked to review the property inventory data descriptions and report any discrepancies.
Mailer returns will be sent to the Contractor for analysis. The Contractor will resolve all data problems as
indicated by taxpayers' responses. Responses to telephone inquiries as a result of data mailers are the
responsibility of the Contractor.
Contractor will prepare and mail a questionnaire to owners of commercial/industrial property, prior to or
concurrent with the inventory mailing, which will request all appropriate income and expense information.
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19. Photography/Image
The use of digital camera technology will result in still imagery. All photographic images will be saved as a
unique key equivalent to the ORPS print -key for every database table. 2.2 mega pixel cameras are used for
still photography. Where possible, the structure captured will fill at least fifty (50%) percent of the horizontal
frame. The image will depict the front and side view of the structure (the length and width).
The Project Administrator will review and acceptor reject the images within 30 days of receipt. The Project
Administrator will review the images for quality, sharpness, accuracy, and that the structure is clearly defined.
The images will be used as an additional quality control measure during the field review process.
A minimum of three different photographs from three different time periods will be taken for every property.
At Project start up, photographers will secure photographs of all parcels from the public right-of-way. Each
property will be photographed with a left front/side view and a right front/side view when possible. These
photographs will be used for the first set of public relations pieces that will be sent to the property owner.
During the actual field inspection process, the inspectors will secure a new front photograph, rear photograph
when permitted (providing owner does not request the inspector to leave the property) and photographs of
other primary structures (garages, pools, tennis courts, patio, deck, barns, large sheds).
An additional photograph will be secured during the valuation field review phase as detailed herein below. An
additional photograph can be taken by the Contractor, or Town Assessor if a field review is conducted for a
specific parcel.
20. Sales Inventory Collection and File Creation
The Contractor will collect and verify the data for those parcels located throughout the Town that have sold
since January 1, 1998 and for all sales occurring until taxable status date. Given the size of the Town, sales
data from surrounding communities may be utilized by the Contractor. For parcels where inventory as of the
date of sale differs from subject inventory, a separate inventory card for the sale parcel will be completed.
Contractor shall not use sales which occurred prior to January 1, 2001 as comparable sales in the selection of
comparable sales used to support the valuation process.
21. Data Edits
The Contractor will submit to the Project Administrator an electronic list of the proposed data edits prior to
file editing. ORPS will advise the Project Administrator as to the applicability of these edits and the final edits
will be mutually agreed upon by the Contractor, the Town, and ORFS. It is the Contractor's responsibility to
provide a complete inventory file for valuation that is as error free as possible. This inventory file will be
available to the Town prior to valuation being done
The Contractor will submit to the Town an electronic copy of the output reports from the valuation edit
program. The Contractor will resubmit to the Town an electronic copy of the error reports from the final run
of the land, cost and commercial edit programs prior to valuation.
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22. Valuation
Computer-generated values, to be reviewed in the field, will be produced by the Contractor, for all properties,
utilizing the Mass Appraisal techniques with SPSS and GIS software. The Contractor will provide the Town
with an overview of the valuation methods used on this Project. This will include a written summary of the
land methodology used for each neighborhood, a depreciation schedule for all improvements (so that buildings
can be costed in the field if necessary) and time trend documentation, market coefficients and comparable
selection points.
Residential/Farm/Vacant
The market value approach will be the primary method of valuation for these properties. Computer-assisted
valuation for residential, farm, and vacant parcels will take place after all edits on the subject and sales
inventory files are addressed. This function will be separated into three phases.
The first phase of the valuation process is the valuation of land. The Contractor, with assistance from the
Project Administrator, will determine unit land values for all types of land within the Town. Values will be
computed for each separate land use classification associated with each parcel. Given the lack of available
vacant land sales, land sales from surrounding communities may be used in this analysis.
The second phase of the valuation process employs the replacement cost approach. The Contractor will use
the sales base to validate the cost and depreciation schedules used in the cost programs, modifying these
schedules where necessary. This approach will only be utilized for unique parcels that cannot be valued via
the Sales Approach.
The third phase of residential/farm/vacant valuation will employ the comparable sales approach using the sales
that have been identified and verified for the Town.
For properties where sufficient sales information exists, the Contractor will develop preliminary market
valuation models. However, before any valuation testing begins, a list of all sales to be used will be reviewed
with the Project Administrator. Sample properties will be valued, and both the Contractor and the Town will
review the results. The model(s) will be adjusted and the sample rerun until optimum results are obtained. All
models will be subject to review by ORPS for statistical and logical accuracy.
Commercial/Industrial
The commercial/industrial valuation module of the RPS 4 or an equivalent system, which incorporates market,
income, and cost valuation techniques will be used. The Town and the Contractor will mutually agree on the
amount of income and expense data that is complete and representative of the universe of
commercial/industrial properties.
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Unique and Highly Complex Parcels
The Project Administrator and the Contractor will attempt to isolate the unique parcels and highly complex
properties at the outset of the Project. If, in the judgment of the Project Administrator, the property cannot be
valued using a computerized mass appraisal system, the Contractor will assign an appraiser to apply
appropriate appraisal methodology, and a brief, 2-3 page restricted appraisal for these parcels.
The key elements that are to be shown in the limited restricted appraisal are:
a) a complete inventory including copies of property record cards;
b) sketch;
c) photograph(s);
d) description of property;
e) delineation of the area;
f) land valuation;
g) market approach,
h) income approach, if appropriate;
i) correlation of values; and
23. Valuation Reports
Electronic copies of valuation processing summary reports will be given to the Project Administrator within
three (3) work days of report production. This includes Electronic reports from the market valuation programs
(5-10 page samples, weights and coefficient adjustments only). Also, a copy of any other valuation reports run
will be given to the Project Administrator.
Additionally, all parcels valued through the valuation system utilizing the market value approach will have an
accompanying valuation report showing a selected description, to include all appropriate value items as
indicated in the sales analysis for each subject and comparable sales parcel. At least three (3) of the most
comparable sales are to be identified for each subject parcel. A model estimate and weighted estimate are to
be shown for each subject parcel.
All commercial and light industrial parcels valued through the market and income approaches will have an
accompanying valuation report showing a description of the parcels' uses by square feet or units and up to
three estimates of value: market, and simple mortgage equity capitalization of income.
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24. Field Review
The Contractor will be responsible for 100% field review of all value estimates for all parcels in the Town.
Field review is to be conducted for all parcels defined as outliers based on the statistical prediction file. Desk
reviews can be conducted on properties that the Project Administrator deems that a field review is not
necessary. This will be defined as properties that have gone up 10% above the average increase in value for all
properties in the Town. Field reviews are to be conducted from the nearest public road or public right of way
from which the property is visible. Final values are the responsibility of the Town's Project Administrator.
However, it is understood that the Contractor will have the ability to exercise judgment in making final value
estimates. The Contractor, when changing machine -generated value estimates, will enter the proper
explanation on the field review document. At the time of the field review an additional attempt will be made
to gain access to any property that did not have an interior inspection. Also an additional photograph of each
parcel that is field reviewed will be taken as referred to in paragraph 19 above.
The Town and the Contractor, prior to field review, will agree on documentation procedures for those parcels
with a change in value of more than ten (10%) percent between the computer generated estimate and the field
review.
Prior to informal review meetings, the Contractor will record on the field review document all value changes
that occur due to data error, and reflect the data changes on the data file for that parcel.
Project Administrator Value Review.
The Project Administrator will be involved in the review of values throughout the field review phase of the
Project. All Contractor -produced values will be entered on the data file and given to the Project Administrator
for final value review sufficiently in advance of the Project Administrator value review date as specified in the
Project timetable so as to ensure a comprehensive review by the Project Administrator.
Notice of any changes to the Contractor's values will be given in writing to the Contractor. The Project
Administrator's value and the appropriate Project Administrator override code designating the reason for the
change will be applied to the digital file. Any change made without Contractor's consent shall relieve the
Contractor of any responsibility to defend such changes.
25. Assessment Disclosure Processing
The Contractor is responsible for producing and mailing, including the cost of postage, assessment disclosure
notices to be sent to all taxpayers. In accordance with RPTL Section 511, assessment disclosure notices will
be mailed no less than sixty (60) days prior to tentative roll date. Processing staff needs a minimum of 20
work days to accomplish this task, therefore, the Town will deliver a computer file to the Contractor (complete
with value entries for all parcels in all roll sections except 5 (Special Franchise) and 7 (Ceiling Railroad) by
the date specified in the Project Schedule. The Town is also responsible for providing a prior year assessment
computer file in addition to verifying the prior year, extended roll totals, the levy rates, and the total tax levies
to be used. Disclosure notices will be mailed on a staged basis beginning as early September of 2006.
When the assessment disclosure notice is sent out, a computer file of the notice, property record card and a
comparable sales sheet can be printed and placed in the subject file.
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26. Informal Review Process
All taxpayers who make an appointment with Contractor will receive a meeting to discuss the preliminary
value. The Contractor will inform taxpayers at the meeting that a notice of results will be mailed to them. The
informal review process is the responsibility of the Contractor.
The Contractor will provide staff to receive taxpayers' telephone calls, answer questions and set up
appointments by telephone for meetings. Contractor shall schedule evening (two (2) evenings) and weekend
meetings (two (2) Saturday) in addition to a daytime schedule. Meetings will be pre -scheduled by telephone
and held at sites to be determined later.
The Contractor(s) will inform the taxpayer at the time an appointment is made and at the start of each informal
review meeting, that the purpose of the informal review meeting is: to explain how the preliminary value is
set; that no decision regarding a property's value will be made at the time of the informal review meeting; and
that a notice of the results will be mailed to the taxpayer after the information presented and any follow up
investigation has been reviewed.
The Contractor will provide the Town with an analysis of, at least, the following:
number of grievance interviews;
number of grievances resolved in session;
number requiring "in -field" follow-up;
number requiring inventory changes; and
amount of assessed valuation changed, by property type
The informal review will follow the guidelines of 11 Opinions of SBEA Counsel No. 7.
27. Value Change Notice (Section 511 Notice)
As a result of value changes made during the informal review phase, Contractor will prepare a change of
assessment notice to the owner of all parcels where a meeting was conducted or where a value has changed
between the issuance of the assessment disclosure notice and the tentative assessment roll. This notice shall be
mailed and paid for by the Contractor. A sample form will be presented to the Assessor prior to publication.
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28. Formal Defense of Values
During the formal grievance period following the publicationfield experience available to
the tentative roll,
the Project
upon request, will make individuals with appraisal and P
Administrator in presentations to the Board of Assessment Review. esult n from grievThe Town will ance proceedingsr
performing all related fieldwork and for processing inventory changesg
s, or the like which
The Contractor will be responsible for delivering to the Town all documents, certiorrari proceedings are
are not already in the possession of the Town as relates to Parcels for which
instituted for the 2007 Assessment Year providing that the value nsiblelmate is that of the contractor and has not
to defend the values of properties which
been overridden by the Assessor. The contractor is not resp
were not developed by the contractor. This shall include and notbe imited to this paragraph widesurvveed by
ORPS and valuation changes executed by the Assessor. The provisions
he
termination of this agreement for a period of five years as per the requirements of USPAP.
29. Project Status Control
The Contractor will provide monthly written summaries of Project status to the Project. Te se reporblemts
will
gress
present accurate up-to-date Project status;dertakeneaolverview including
of Contractor s staffparticipation, and training
remedial measures which are being
provided to municipal staff.
30. Submissions for State Aid/Value Verification
The Contractor will assemble and provide to the Town such documentation for reimbursement for state aid as
is required pursuant to ORFS rules and regulations.
31. Mass Mailing and Postage
The Contractor is responsible for providing paper, printing and ae relative to mailing of the preother preparation of all Sinspection
s mailings
required for the Project and, in addition, will pay the cost of postage re -disclosure notice letters,
letters, data mailers, requests for commercial income and expense statements, p
assessment disclosure notices and change of assessment notices necessary for this Project.
The Town will provide envelopes for all mass mailings required for the Project at no expense to Contractor.
32. Data Security
The Contractor will be responsible for establishing and maintaining appropriate methods to store and transport
all Project data in a manner that will ensure minimal data loss using encrypted software protection systems.
The Contractor will be responsible for copying each master e, on a monthly basis, and necessary to update the data filesbe
t in an
off-site location that will ensure safety of the files. The transactions,
kept on appropriate data storage media until the updated master
n0�i e is copied. stored off-site will be in addition to the
normal daily and weekly archiving, the results of which nee
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The Contractor shall not keep, copy, use or take away from the Town any document, paper, computer output,
or other material to which the Contractor obtains access during this Project beyond the requirements that the
contractor must have to conform with USPAP. The Contractor shall not at any time reveal to any person
outside the scope of this Project any proprietary or confidential information of which the Contractor gains
knowledge during this Project. The Contractor shall, at the termination of the Project, return to the Town all
identification badges, keys, or other access devices issued by the Town and shall not copy or use any such
devices in any manner except as specifically authorized by the Town.
33. Contractor Staffing
The Contractor will provide competent professional and technical personnel who are capable of accomplishing
Contractor's duties and obligations hereunder. The following persons will be initially assigned to the Project
Project Manager
John M. Watch
Project Administrator
Mary Ann Simeone -Watch
Michael Darling
Data Manager
Michael Mullan
BardenTech, LLC.
Data Collection and Property Verification
Ernst Parsons
Freya Toedter
Gregory Michaud
Patricia Bap.
Lisa Galage
Amy VanVlack
Jennifer McCarthy
Louis Vega
Valuation Modeling
James R. Thimgan
Uwe Hohoff
GIS Support
David Minton
Informal Hearings
John Watch
Ernst Parsons
Freya Toedter
Michael Darling
New York State Certified Appraiser
John Watch
Michael Darling
McGrath & Associates: All commercial and industrial property values will be
independently reviewed by McGrath & Associates.
This cost is not part of the contract with each Town
responsible to contract with McGrath & Associates
directly.
Any changes to this list shall be submitted to the Project Administrator prior to assignment.
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34. Deliverable Products
The Contractor will be responsible for the delivery of the following products according to the Project
timetable:
Project status reports produced throughout the project
Training plans, timetables, attendance rosters, and Assessor sign off on training components.
A data collection form with sketch (and photograph/images, if this option is selected) for each parcel
in a digital format and if required in a hard copy format (if photographs are selected, each photo
will be attached to the appropriate property record card )
A digital copy of all valid sales used in valuation effort
A report of failures and discrepancies in the accuracy of data tems ollecte, as revealean a report of the remedial action taken
by e
recollection of data items by field supervisors/crew chiefs
A report of all tax map discrepancies found
Valuation processing outputs including all selected options used for regression and comparable sales
routines (computer file)
All manual and computerized reports which support values and valuation formulae
A computer -produced comparable sales report for each R/FN parcel valued using the market approach
provided in a digital format with a hard copy of each to be printed as requested
A computer -produced market and income report for each commercial parcel valued in valuation with a
hard copy of each to be printed as requested
A computerized copy of the valuation factor file or equivalent used to produce commercial market and
income values
Land schedules and sales analysis documentation used in the land valuation effort
A written overview report of valuation methods used
A limited restricted report for each unique or highly complex property not valued with the VVF tables
or model values
A cross reference of values, i.e., a listing of estimates of values for each parcel as of tentative roll
A report of the reasons for all changes made to machine -generated estimates of value, whether these
changes resulted from field review, informal review meetings with taxpayers or any other action
by, or on behalf of, the municipality
As of tentative roll, a sales ratio study showing the ratio of sales to assessed values of recently sold
parcels in the assessing unit
A report on the disposition of all taxpayer complaints and informal. reviews
Inventory Editing
A program which performs standard and/or user defined cross edits on the residential and commercial
inventory files. The output report will show that all possible edit errors have been resolved, or else
maintain the master files to resolve errors and re -run until all edit errors have been resolved.
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Sale/Subject Mismatch
A program which compares the subject inventory to sale inventory and displays mismatches. The output
report will show that all erroneous mismatches have been resolved, or else maintain master files to resolve
errors and re -run until all possible edit errors have been resolved. Copies of these files will be available to
the Town prior to final valuation production;
One copy of the municipal master file, complete and up-to-date as of the date of delivery, used to produce
the tentative assessment roll as described; an
One copy of all the documentation and application(s) prepared for the Town for submission to ORFS for
applicable state aid reimbursement; and
The Contractor's work shall be considered to be complete and meeting final acceptance when all of the items
mentioned above are delivered to the Project Administrator and are certified as satisfactory, complete and
accurate by the Project Administrator. Within 30 days of receipt, the Project Administrator will notify the
Contractor in writing that the contract is complete or supply a list of missing deliverables. The number of
copies of final computer data files and program workflow (paper copy) will be limited to one machine-
readable copy of each. System documentation and completed data collection instruments will be limited to
one (1) copy. Copies of written materials, such as work plans and reports to be furnished to the Town that are
considered suitable and necessary in the opinion of the Project Administrator will be delivered. The
Contractor will retain copies for one year of any work products that have been approved by the Project
:'administrator. These products will be available at no expense to the Town.
35. PAYMENT SCHEDULE AND PENALTY
This is a fixed price contract. Commencing in November 2005, and continuing thereafter until July 2007, the
Contractor will present bills monthly. Each bill will contain a charge for a one -thirty-second (1/32nd) portion
of the total compensation set forth in the table in Section 35 herein below together with any other charges
provided for in this Agreement for services that have been completed as of the date of the bill since the time of
the previous bill. The Proj ect Administrator will notify the Contractor in writing of any item or portion of an
item that is incomplete, not in conformance with the contract, or erroneous. If the Project Administrator
certifies that the Proj ect is progressing satisfactorily in accordance with the Project timetable, payment for the
uncontested items will be made to the Contractor representing ninety percent (90%) of the amount billed. The
remaining ten percent (10%) will be retained by the Town. The entire amount so retained will be paid to the
Contractor within thirty (30) days following the Project Administrator's certification of completion of the
Project. At the option of the Town, Contractor shall provide a bond in form and substance satisfactory to the
Town, to guarantee the performance of Contractor's obligations hereunder. In the event Town exercises this
option, the Town shall bear the expense of said bond and no amount of any payment shall be retained as set
forth above.
If the Project Administrator determines that, due to the fault of the Contractor, the Project is not progressing
satisfactorily on schedule, a further retainage of 10% will be withheld until the problem has been rectified to
the satisfaction of the Project Administrator. Once rectified this additional retainage will be released to the
contractor. The Project Administrator will provide the Contractor with written justification for the
withholding of payment and define an acceptable resolution to the situation. If the problem has not been
rectified within thirty (30) days, the Town shall have the option to terminate this agreement upon thirty (30)
days further notice in writing to Contractor.
17
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ed
he
Iii such event, the Town shall complete the Project and the Contractor
cost at this r t e work
completed based on the pro -rata share of the project cost. Paragraph 36describes the
and
schedule. Such presentation
of aph 35 outlines the payment otal project performance versus he one -
n of work is to insure tha
Para�
payment for this project will include all fees outstanding based on t p )
thirty-second (1/32nd ) portion of the total compensation in the event that the contractor defcielectsencies,tfollowed by an s
agreement after the initial 30 day time period that identifies any
additional 30 day time period for the contractor to respond and cto seek mediationy such lfrom a bird. party
es. Furthermore,
prior to the cancellation of the contract, the contractor will have the right
to resolve any issues with the Town within 30 days of receiving notice
a f bindy. aIf t e on from a
does not resolve the issue, the Town and Contractor shall have the right to seek
third party approved by both parties to resolve any deficiencies.
Interest will be payable by the Town on any amounts withheld under
andbas performed the assigned tasks in
arbitration efforts rule that the contractor did not have any deficiencies
accordance with this agreement. This provision is not intended to limit or in any way prejudice any other right
of the Town or Contractor.
35. Compensation
Pr
Class Code
100 Ag
210-260 Residential
270 Mobile
280 Multiple
300 Vacant
400 Commercial
500 Recreational
600 Public
700 Industrial
800 Utility
900 Forest
Totals
PROJECT COST
erties to be Valued by Roll Section: Wa
Roll Sec 1 1 Sec 3 1 Sec 5
17
6,548
62
19
662
1,620
18
12
5
10
8,973
15
Sec 6 1 Sec 7 1 Sec 8
76
01 151 76
Total I Total Cost
$1,054
$406,968
$4,030
$1,178
$44,330
$100,812
$2,046
$4,650
$310
$8,246
$372
$573,996
There appears to be a discrepancy in the total number of residential parcels listted in he based on 6ost 6RFP- The 48
tial
breakdown indicates 6,783 total parcel and the summary grid shows ,648l
will be adjusted to the higher level if there was a data error in t e RFP. Mobile omes i ParkIthe cost be adjusted by
e not calculated at
individual parcels. In the event that these units are to be valued as a Mobcost. The
the total number of mobile home individual units. The following schedule is used to itemize proj ect valuation
intended use of Mc Grath & Associates for review services to be performed for commercial property
is not defined within this cost.
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17
16
6,564
3
65
19
53
715
6
1,626
15
33
63
75
5
32
133
6
6
194
9,258
$1,054
$406,968
$4,030
$1,178
$44,330
$100,812
$2,046
$4,650
$310
$8,246
$372
$573,996
There appears to be a discrepancy in the total number of residential parcels listted in he based on 6ost 6RFP- The 48
tial
breakdown indicates 6,783 total parcel and the summary grid shows ,648l
will be adjusted to the higher level if there was a data error in t e RFP. Mobile omes i ParkIthe cost be adjusted by
e not calculated at
individual parcels. In the event that these units are to be valued as a Mobcost. The
the total number of mobile home individual units. The following schedule is used to itemize proj ect valuation
intended use of Mc Grath & Associates for review services to be performed for commercial property
is not defined within this cost.
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Project Management
$10.00
9,258
$92,580
Data Management:
$10.00
9,258
$92,580
Property Inventory, Photograph and Inspections
$15.00
9,258
$138,870
$3.00
9,258
$27,774
Sale File development and Inspection Edits
$12.00
9,258
$111,096
valuation Modeling
Mailings and Public Relations
$7.00
9,258
$64,806
Valuation Production & Informal Reviews:
$3.00
9,258
$27,774
$2.00
9,258
$18,516
Tentative Assessment Roll and Project Completion
$573,996
Total Cost
Annual Maintenance Aid Program
$5.00
9,258
$46,290
Building Permit Data Entry
$1.00
9,258
$9,258
Second site visit on property inspection, per parcel visited
$10.00
Cecond data mailer
$1.00
9,258
$9,258
PROJECT COST
Properties to be Valued by Roll Section: Wappinger
Per -diem Charges:
Additional Classroom Training/Workshops $1,500
Small Claims $1,500
Certiorari Report Preparation $1,000
Certiorari Court Testimony $1,500
The stated project cost will be $574,000 of which MJW Consulting, Inc. will defer $64,500 over six years
providing MJW is retained to conduct the annual maintenance analysis for the Town of Wappinger at an
annual cost of $46,300 per annum. MJW will receive the $5.00 per parcel that the Town would collect in State
Aid. By offering this pricing schedule, the initial cost of the assessment project will be $509,500.
The six-year maintenance aid program requires an inspection of every property at least once during the six-
year period. MJW will inspect 20% of all properties every.year, inclusive of all sales and properties will
building permits. MJW will only trend values for one or two years. A new valuation model that reassesses all
parcels will be completed in the 3rd or 4t' year of the six-year program. The annual maintenance project is
separate from this agreement. A copy of a six-year agreement can be provided upon request.
36. Project Timetable
The contractor will not have funds delayed, withheld or additional retainage applied because the Town was
delayed, unable to provide or because of budgetary issues unable to fulfill the task of conducting residential
property inspections in a timely manner.
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PROJECT TIMING SECTION A
START
FINISH
TIMETABLE
11/1/2004
7/01/2007
Project Term
11/1/2004
7/01/2007
Public Information
11/1/2004
12/31/2005
Photography/Image Option
11/1/2004
6/15/2005
Data Collection Training
11/15/2004
12/31/2005
Subject Inventory Data Collection
11/1/2004
4/15/2006
Subject File Creation
Sales Validation, Verification and File Creation
6/1/2005
6/1/2005
6/01/2006
2/15/2006
Data Mailer
Production in Response to Parcel Inventory Mailers
8/1/2005
4/1/2005
3/15/2006
12/15/2006
Valuation File Editing
1/1/2006
12/15/2006
Valuation Testing
2/1/2006
12/15/2006
Valuation Production
2/01/2006
12/15/2006
Field Review of Values
6/01/2006
2/1/2007
Assessor Value Review with Contractor
8/1/2006
1/1/2007
Update Values on File
8/1/2006
2/1/2007
Assessor Recalculations of Exemptions
Disclosure Processing Agent
/15/2006
8/15/2006
2/l/2007
Delivery of File to Assessment
2/1/2007
Taxpayer Assessment Disclosure Notice
Production and Analysis
3/1/2007
Assessor Sign Off
9/01/2006
3/1/2007
Assessment Disclosure Notice Mailing
Field Related Activities)
9/15/2006
4/15/2007
Informal Meetings (Including
11/1/2006
3/1/2007
Value Change Notices Production
3/1/2006
4/15/2007
Prepare Tentative and File Assessment Roll
9/01/2007
Project Deliverables to Assessor
Submit Application for Appropriate State Aid Reimbursement
10/01/2007
6/15/2007
Assessor Sign Off
8/01/2007
Project Completion
37. Miscellaneous Provisions
Employment Requirements
licable provisions of Federal and State laws, rules and/or
The Contractor will comply with all the app
further specifically comply with those sections related to
regulations regarding employment, and will
discrimination as follows:
No Contractor, subcontractor, or any person on his behalf will, in any manner, discriminate against or
intimidate any employee hired for the performance of work under the revaluation contract by reason of race,
age, sex, color, creed, or national origin.
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All Project personnel will be presented to the Town prior to being employed for the Project and will be
required to carry an identification card while on Project business. This I.D. card will contain the employee's
photograph, name, title and physical description. This card will carry the signature of the Project
Administrator and will be issued by the Contractor. This card will be surrendered to the Project Administrator
upon termination of the employee or upon completion of the Project.
Changes in Contract
There will be no changes, alterations, or additions in the revaluation contract without prior written consent of
the Town's contract administrator. This specifically includes the fixed price payment and per diem charges as
outlined in the contract.
If there is any conflict between this Contract and any invitation to bid, request for proposal, bid or response to
request for proposal, such conflict will be resolved in favor of this agreement with the exception that any
provision of an invitation to bid, request for proposal, bid or response to request for proposal, that is attached
as Exhibit B to this agreement, which Exhibit provides for a higher standard of obligation or service by
Contractor, will control as to the standard of obligation and service required of the Contractor and will thereby
supplement this agreement.
No waiver of any breach of condition in this contract shall be binding unless in writing and signed by the party
waiving said breach. No such waiver shall in any way affect any other term or condition of this agreement or
constitute a cause or excuse for repetition of any breach, unless the waiver shall include the same. No
additional work or optional services to be performed by the Contractor pursuant to this agreement will give
rise to additional fees for services unless the Contractor and the Town sign a written order.
Insurance and Indemnitv Requirements
The Contractor will serve in the capacity of an independent Contractor in this revaluation Project. The
Contractor will not assert any claim arising out of any supervisory act or omission by any agent, officer or
employee of the Town in the execution or performance of this Contract against any such agent, officer or
employee. The Contractor will require each person supplying labor or materials to the Contractor to agree in
writing to the Contractor not to make any claim against the Town, its officers, agents or employees by reason
of such labor or materials, or by reason of any acts or omissions of the Contractor.
Contractor hereby agrees to indemnify, defend (at the option of the Town) and hold the Town harmless from
and against any and all damages, loss, expenses, including reasonable attorney's fees, or claims for damage to
person or property in any manner arising out of and during its operation pursuant to this agreement, for the
entire pendency of this revaluation Project:
A comprehensive general liability insurance policy with the following limits of coverage: bodily injury and
property damage, $2,000,000 each occurrence, $2,000,000 each individual claim per occurrence, $2,000,000
aggregate of all claims per occurrence. Contractor maintains a corporate $2,000,000 umbrella policy for
general liability and loss.
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A comprehensive automobile insurance policy with the following limits: bodily injury, $300,000 each person
and $300,000 for each occurrence; property damage, $300,000 each occurrence, aggregate $300,000 for each
occurrence.
liability
ce
The foregoing comprehensive liability insurance policy ant aecost t ethe Town automobile The Contractor,/ in
policy will include the Town as an additional insured, a no ex
addition to the foregoing, will provide and maintain, during the
pendency
e Benefits Insurance po cies as are
Compensation and Employer Liability Insurance and New York Stat
required by statute. All insurance will be issued by an insurer licensed
NewaYork. Befouthorized �e commencing the
usiness in the
State of New York, and which maintains an office within the State
work called for in this agreement, the Contractor will furnish the Town with a satisfactory certificate of
insurance evidencing all of the insurance coverages required hereunder.
Conflict of Interest
No director, officer, employee, agent, Contractor, or subcontractor of the Contractor is deemed to be an agent,
servant and/or employee of the Town. The Contractor will capacity,
acmpl any elected director,
or appointed official oof any
Contractor, or subcontractor, directly or indirectly in any p tY
Town, village, hamlet, school district, or other political subdivision of the municipality or any member of the
immediate family.
s, contractors, or
The Contractor agrees that it will require all its directcs Of el cersTown. The Contra, employees, g ortfurther agrees that
subcontractors, to be bound and adhere to the Code o
it will require all of its employees to comply with all applicable taws or the ngtohis agreement
ndt it the
Provide relevant testimony regarding any phase of this agreement, performance
refusal to supply such evidence and/or testimony will be the oause for or subcontractate any work reion of this agreement
lating ng to this project
by the Town. The Contractor shall not be permitted to employ
to an Assessor, whom has a shared jurisdictional boundary with a Town or Town situated within Dutchess
County.
Assignment of Contract
The Contractor will not assign, convey, transfer, or delegate any of its responsibilities and obligations under
this agreement to any person, corporation, partnership, association or entity, without the prior written approval
of the Town's contract administrator.
Ownership of Work Products to
All final written or tangible work products will belong t. there Town,
nnimplied or explicit confidentiality of
publish information necessary to defend its work product. T the
Contractor work product for the Town of Wapprk an In the leseventothe Town. The Contractor premature discontinuation
hall be bound
Contractor will agree to provide all existing work and data files
by USPAP throughout this project phase.
General Legal Responsibility
The Contractor will comply with all federal, state, and municipal laws, ordinances, rules and/or regulations,
including labor laws, and those against discrimination, existing or adopted in the future, during to term of the
Project, applicable at any time to the Contractor pursuant to its obligations in regard to this Project.
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Suspension of Proiect
The Town may at any time, and for any reason, direct the discontinuance of the services and work
contemplated under this agreement for a period of time. Such direction will be in writing and will specify the
period during which the work will be discontinued. The work will be resumed on the dates specified in such
direction, or upon such other date as the Town may thereafter specify in writing. The period during which
such work will have been discontinued will be deemed added to the time for performance. Stoppage of work
under this article will not give rise to any claim against the Town other than any and all outstanding invoices
that must be paid based on the work completed.
Termination of Agreement
The Town may at any time and for any reason terminate this Contract by written notice specifying the
termination date, which will be not less than forty-five (45) days from the date such notice is given. In the
event of such termination, payment will be made in such amount as will compensate for the portion of the
work satisfactorily performed prior to termination. Such amount will be fixed by the Town after consultation
with the Contractor and will be subject to audit by the Town Commissioner of Finance. Termination under
this section or under any other provision of this agreement will not give rise to any claim against the Town for
damages for compensation in addition to that provided hereunder. The cause of termination of this contract
shall apply to the performance and scope of the work for which the contractor is retained. If the reason for
termination is lack of funding or a resolution of the Town to cancel the project for any other reason, than the
Town shall be a penalty fee for termination of $10.00 per parcel plus any outstanding fees owed to the
contractor for work completed.
Personal Services
It is the intent of this agreement to secure the personal services of the Contractor or a duly authorized and
competent representative(s) of the Contractor acceptable to the Town. Failure of the Contractor for any reason
to make the personal service of such a person available to the Town to the extent necessary to perform the
services required skillfully and promptly will be cause for termination of this agreement. The Town
acknowledges that no individual, agent, company or organization has represented the Contractor in securing
this contract. The Town has elected to retain the services of the Contractor based on the experience in
conducting reassessment projects in New York. No elected official of the Town as communicated with any
individual representing the Contractor other than John M. Watch, President of Contractor
Death or Disability of Principal
In the event of death or disability of the principal of the Contractor, any qualified partner or associate of the
Contractor maybe authorized, at the sole option of the Town, to continue to perform and complete the Project
pursuant to all of the terms, covenants and provisions contained in this agreement. If the Town shall choose
not to so authorize Contractor, then it shall terminate this agreement as provided above.
Extensions of Completion Date
If the Contractor has been delayed and as a result will be unable, in the opinion of the Town, to complete
performance fully and satisfactorily within the time allowed therefore, the Contractor, upon submission of
evidence of the cause of the delay, satisfactory to the Town, will at the sole discretion of the Town, be granted
an extension of time for performance equal to the period that the Contractor was actually and necessarily
delayed. Such a delay will require the contractor to adjust the payment schedule to reflect a revised monthly
payment of outstanding fees yet not paid to the contractor.
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Acceptance of Pavments
The acceptance by the Contractor, his successors or assigns, of any payment made on the final requisition
under this agreement, or of any final payment due on termination of this agreement,
ill constitute
atsoever a full and ich the
complete release of the Town from any and all claims, demands and causes o ac
Contractor, his successors or assigns, have or may have against the Town under the provisions of this
agreement.
Compliance with Law applicable State and Town laws, regulations and
Contractor agrees to comply in every respect with
ordinances.
Independent Contractor
Contractor will at all times be deemed to be an independent Contractor
of this agre agrebe ement. Nothing herein
responsible for
the manner in which it performs the services required of it by
contained will be construed as creating the relationship of employed rits employees eor and agensalContractor
and agent,
between the Town, its agencies, employees, agents and Conti-actor
assumes exclusively the responsibility for the acts of its employees and agents as they relate to the services
to be provided during the course and scope of their employmenedered in anynts and loyees will
manner to
not be entitled to any rights and privileges of Town employees and will not be co
be Town employees, including but not limited to worker's compensation, unemployment insurance, social
security coverage or retirement benefits.
Dated: Wappinger, New York
November , 2004 Town of Wappinger
By
Mr. Joseph Ruggiero, Supervisor
MJW Consulting, Inc.
By
John M. Watch, President
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