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2011-1102011-110 Resolution Rescinding Resolution 2010-276 and Authorizing Execution of New Lease to Reflect Change in Lease Rate for Radio Equipment for the Highway Department 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 14, 2011. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale (Arrived at 7:47 PM) Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni (Arrived at 7:37 PM) ABSENT: The following Resolution was introduced by Supervisor Colsey and seconded by Councilman Beale. WHEREAS, by Resolution No. 2010-276, the Town Board authorized an agreement with New York Communications Co., Inc. (NYCOMCO) for a lease of radio equipment for the Town of Wappinger Highway Department; and WHEREAS, the Town of Wappinger Highway Superintendent has determined that the number of units needed for adequate service for the Highway Department is less than previously determined and in consequence thereof, the Highway Superintendent has negotiated a new lease agreement with NYCOMCO. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby rescinds Resolution No. 2010-276. 3. The Town Board hereby reconfirms that there is a need for the lease of equipment for a wireless radio communications system as set forth in the revised proposal attached hereto as Exhibit "A", at a total lease rate of $1,260.00 per month for 72 months (annual rental of $15,120.00). 4. The Town Board further determines that the lease terms and conditions set forth in Exhibit "A" are acceptable and consistent with the needs of the Town of Wappinger Highway Department and said lease further otherwise complies with the Procurement Policy of the Town of Wappinger. 5. The Town Board hereby accepts the terms and conditions set forth in the proposal identified as Exhibit "A" and hereby authorizes Supervisor Christopher J. Colsey to execute a new lease agreement consistent with the terms and conditions set forth in Exhibit "A". 6. The Town Board directs that the amount specified in the Lease Agreement approved herein shall be appropriated through budget line DB5110.401. 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 ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 3/14/2011 The Resolution is hereby duly declared adopted. arC. MASTERSON, TOWN CLERK "WeeCommunfoetions ��t- ow 6.�4 • -- t ( o 53 West Cedar Street— Poughkeepsie— NY 12601 845-471-5520 or 1-800—NYCOMCO WWW.NYCOMCO.COM Lease No.23260SLE02 LEASE AGREEMENT New York Communications Company, Inc. as Lessor hereby agrees to lease to the undersigned as Lessee subject to the terms and conditions of the face and on the reverse side hereof, the following equipment: NO. OF UNITS MODEL DESCRIPTION 1 XPR455OBS Motorola MotoTrbo UHF Mobile Radio Base Station with Antenna Kit, Desk Mic, Installation & NYCOMCO Custom Lease Coverage 28 XPR4550 Motorola MotoTrbo UHF Mobile Radio with Antenna Kit, Installation & NYCOMCO Custom Lease Coverage 2 XPR4550RH Motorola MotoTrbo UHF Mobile Radio with Remote Head, Antenna Kit, Installation & NYCOMCO Custom Lease Coverage 4 XPR6550 Motorola MotoTrbo Portable Radio with Battery Charger, Li -Ion Battery, Belt Clip & NYCOMCO Custom Lease Coverage. Location of Equipment: Area's within the Town of Wappingers, NY The lease rate1 2S , 60.00 per month for 72 months for a period of §INM year(s) (called herein the lease term) commencing on the first day of the month following the date of installation of the equipment. Lessee agrees to pay an annual rental of Fifteen Thousand and One Hundred Twenty Dollars and no cents($15,120.00) for a period of ftffl year(s) from the effective date of the contract. The first monthly rental shall be due on the first day of the new lease term and the succeeding month until all said number of monthly rentals shall have been paid. In the event any payment remains unpaid for a period of sixty (60) days or more after becoming due, Lessor may declare Lessee to be in default by notice in writing, and Lessor may retake possession of any or all of the leased equipment with or without process of law, and without demand or further notice. Lessor will install the equipment approximately 60 days after the date of this agreement, or after Lessor receives notice of FCC approval, if applicable. Shipment shall be f.o.b. Lessor's plant, and Lessor shall not be liable for delays in delivery or failure to manufacture or deliver (1) due to causes beyond its reasonable control or (2) to acts of God, acts of the Lessee, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability due to causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any such delay, the date of installation shall be extended for a period equal to the time lost by reason of the delay. SIGNED: New York Communications Company Inc. NAME: Town of Wappinger Highway Department BY Richard M. Lacouette President Effective Date: End Date: MAR 15 2011 TOWN OF WAPPINGER TOWN CLERK ;?-0 11 NY 12590 • C Wireless Communications 53 West Cedar Street— Poughkeepsie— NY 12601 845-471-5520 or 1-800—NYCOMCO WWW.NYCOMCO.COM LEASE AGREEMENT Lease No.23260SLE02 New York Communications Company, Inc. as Lessor hereby agrees to lease to the undersigned as Lessee subject to the terms and conditions of the face and on the reverse side hereof, the following equipment: NO. OF UNITS MODEL DESCRIPTION 1 XPR455OBS Motorola MotoTrbo UHF Mobile Radio Base Station with Antenna Kit, Desk Mic, Installation & NYCOMCO Custom Lease Coverage 28 XPR4550 Motorola MotoTrbo UHF Mobile Radio with Antenna Kit, Installation & NYCOMCO Custom Lease Coverage 2 XPR4550RH Motorola MotoTrbo UHF Mobile Radio with Remote Head, Antenna Kit, Installation & NYCOMCO Custom Lease Coverage 4 XPR6550 Motorola MotoTrbo Portable Radio with Battery Charger, Li -Ion Battery, Belt Clip & NYCOMCO Custom Lease Coverage. Location of Equipment: Area's within the Town of Wappingers, NY The lease rate $1,260.00 per month for 72 months for a period of §iKM year(s) (called herein the lease term) commencing on the first day of the month following the date of installation of the equipment. Lessee agrees to pay an annual rental of Fifteen Thousand and One Hundred Twenty Dollars and no cents($15.120.00) for a period of §j1M §j16year(s) from the effective date of the contract. The first monthly rental shall be due on the first day of the new lease term and the succeeding month until all said number of monthly rentals shall have been paid. In the event any payment remains unpaid for a period of sixty (60) days or more after becoming due, Lessor may declare Lessee to be in default by notice in writing, and Lessor may retake possession of any or all of the leased equipment with or without process of law, and without demand or further notice. Lessor will install the equipment approximately 60 days after the date of this agreement, or after Lessor receives notice of FCC approval, if applicable. Shipment shall be f.o.b. Lessor's plant, and Lessor shall not be liable for delays in delivery or failure to manufacture or deliver (1) due to causes beyond its reasonable control or (2) to acts of God, acts of the Lessee, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability due to causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any such delay, the date of installation shall be extended for a period equal to the time lost by reason of the delay. SIGNED: New York Communications Company Inc. BY Richard M. Lacouette President Effective Date: End Date: (To be filled in by NYCOMCO) NAME: Town of Wappinger Highway Department ADDRESS: 20 Middlebush Road Wappingers Falls, NY 12590 SIGNED: DATE: ^1AR-84-2811 15:28 Fr'om:TOW HIGHWAYOEPT 29eO524 To:8452974558 P.1 NV• t�r 53 Neat Cedar Street- Poughkeepsie- NY 12601 `v'r•r+•' 845-471-5524 or 1-800-NYCOMCO 4Qmmpnio.tions WwW.NYCOMCO.CQM Lease Nn LEASE AGREEMENT env York Communications company, Inc. as Lessor hereby agrees to lease to the undersigned as Lessee subject to the terms and :nditions of the face and on the reverse side hereof, the following equipment: NO OF UNITS MODEL DESCRIPTION XIak4550BS Motorola MotoTrbo UHF Mobile Radio Base Station with Antenna Kit Dock Mic, installation & NYCOMCO Custom Lease Coverage 39 XPR4550 Motorola MotaTrbo Ui-IF Motile Radio with Antenna Kit. Installation & NYCOMCO Custom Lease Coverage 2 XFR4550RH Motorola MotoTrbo UHF MoN1e Radio with Remote: Head. Antenna Kit, Installation & NYCOMCO Custom Leaac Coverage 4 XPR6550 Motorola MotoTrba Portable Radio with Battery Charger, Li -ion Bgftery Ek --It Clip & NYCOMCO Custom Loaser Coverage t CPI -Remotes (,P1 Remote Controllers with NYCOMCO Custom Leaso Coverage I Location of Equipment Area's within the Town of WappirVera, NY ''re lease rate $1,460.04 per month for 72 months for a period of $Ix(e) year(s) (called herein the ieaso term) commencing on the first day of the nonth following tho date of installation of the equipment. Lessee agrees to pay an annual rental of Saventean Thousand and Five Hundred 'w n Dollars and no cents($17.62Q.OQ) for a period of §%U6 year(s) from the effective date of the contract The first monthly rental shall be iUe 011 the first day of the new lease term and the succeeding month until all said number of monthly rentals shall have been paid In the event any ,:aver-,*4nt remains unpaid for a period of sixty (60) days or more after becoming due, Lessor may declare Lessee to be in default by notice in writing, 31 -id I-essor may retake pussession of any or all of the leased equipment with Or without process of law, and without demand or further notice -e&sor will in :t.31I the equipment approximately 5_0_ days after the date of this agreement, or after Lessor receives notice of FCC approval, 'rt :jpplic,able Shipment shall be f. o.b Lessors plant, and Lessor shall not be liable for delays in delivery or failure to manufacture or deliver (1) dUe tri causes beyond its reasonable control or (2) to acts of God, acts of the Lessee, acts of civil or military authority, priorities fires. strikes floods. r r rtlr:rmt::�, ware, riot, delays in transportation or car shortages, or (3) inability due to causes beyond its reasonable control to obtain necessary labor r-raterrais, components or manufacturing facilities. In the event of any such delay, the date of installation shalt be extended for a period aqua{ to the' ilnie lost by reason of the delay SIGNED New York Communications Company Inc. NAME. Town of Wa incier Highway Department dr Richard M. Lacouette President ADDRESS- 20 Middlebush Road Wappingers Falls, NY 12$90 SIGNED _-•- Cftective Date DATE. cpJ Dale (To be filled in by NYCOMCO) V-Wireless Cmmunieadons 53 West Cedar Street- poughkeepsia- NY 12601 845-471-5520 'or 1-800—NXCOMCO YlrWWNYCOMCOCOM Leasl3 No.23260SLE02., New York Communications Compainy; -Inc: as Lessor hs�eby egress to !seise to lire undersigned as'Lessse subject tp tttie terms and conditions of the face'and an the reverse side hereof, the following equipment NO. OF UNrrsf MODEL DTSCRIPTION' t XPR455008 Matorola'Mo6Tft UHF Mobile Radio Base Stationlw pna ppt, Desk Mk; Installation & NYCOMOO Custom Lease Cover*ge'. 28 XPit4550 Motor0laiMot0Trb0 UHF Mobile Radio with Antenna M. Installation & NYCOMCO Custom Lease Coverage + 2 XFR4550RH Motorola Moeo'frbo UHF Motrile Radio with Remote Head, Antanrip Kft, InatsNatkih & NYCOMCO Custom Lease Coverage XPR8550'+ Motorola MOtOTibO PbnaDle i df0 WWI Satwry Charg6r;'GMOn Battery. Belt ` (sip & NYCOMCO Custom Lease Coverage, Location of Equipment Area's within the Town of Wappingers, NY . . ,i: ' The lease rate 1 80.00 r month for 72 months for a period of fih year(g) (caped herein the lease term) oommbrfpng on fife firs#Iday of the ; month following the date of installation of the equipment. Lessee agrees to pay am annual rental of Fillibm Thousand and- 0. 04, TiA►eritN Dollars and ria cents(515.120.00)fer a O year(s) O 1;" ;r• period of Six B ' r s from the.afteb've date of the contract. The first morftirly rental'ishall be due an the first day of the new lease term and the succeeding month until all said number of npnthly rentals shelf have been paid. In the liv®nt seiy Da snf '. ) remains unpaid for a period of sndy (80) days or more a8er becoming due, Lessor may dedare Lessee to be Jn WWI: by notice,in'wr$ing, and - Lessor may retake possession of any or all�of the leased equipment with or wittiottt process of low, and withouE d nand or further notiQe. Lessor will install the equipment a i; ' pproximate(y fid days after date of this agreement, or aft@r Lessor receives notice of FPC appravaE; if. i applicable. Shipment shall be f.o.b. Lessor's plant, and Lessor shall not be liabls for delays in delivery or fat)une to manufacture or'delaver (,) dup to causes beyond its reasonable control or (2) to acts of Cod, acts of the Lessee, aces of Civil or military authority, priorities. fires, sftes, floods,, epidemics, war. riot, delays in transportation or car shortages, or (3) inability, due to causes beyond its reasonable, control to alytain neoessary tsibor, •materialsr components or manufacturing faaDities. In the event of any such delay, the date of Installation shall be' extended fora .period equal to the time lost by reason of the delay. SIGNED: New York Communications Company Inc, NAME: Town of WappingeDHfghwaV DepaRtneM By' ADDRESS: 20 Middlebrash Ro'ad: M Richard M. Laoouette , Wawinaers Falls, NY 12590:; : President T-------�_..:,, SIGNED Effective Date: -77 l DATE ` End Date (TO be !ailed in by NYCOMCO) 5 i