Loading...
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