3.6 3.6
RESOLUTIONS\AGREEMENTS\Zwack—Highway Equipment—7-11-2022
RESOLUTION AUTHORIZING PAYMENT AND
AN AGREEMENT WITH ZWACK INC.
RESOLUTION NO.: ,2022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury purchased two (2) International Model HV513 6x4
Tandem Cabs and Chassis with Front Plows and Wings with Spreaders ("Plow Trucks") from
Navistar in 2021, and
WHEREAS, supply chain issues have delayed the delivery of these Plow Trucks, and
WHEREAS,the Town also ordered equipment and hydraulic systems for these Plow Trucks
from Zwack Inc., and
WHEREAS, Zwack Inc. is requesting advance payment for this equipment and hydraulic
systems they have purchased even though they have not obtained the Town's Plow Trucks and
know when the Town will obtain these Plow Trucks,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs payment for
the equipment and hydraulic systems for the Plow Trucks in the total amount of$147,734 to Zwack
Inc., and
BE IT FURTHER,
RESOLVED, payment will be contingent upon an Agreement between the Town and
Zwack Inc. agreeing to maintain insurance on the equipment and hydraulic systems, keeping the
equipment and hydraulic systems on the property and guaranteeing the equipment and hydraulic
systems will be kept in good condition, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Agreement and the Town Supervisor, Town Budget Officer and/or Town Counsel to
take any and all actions necessary to effect this Resolution.
Duly adopted this 1 Ph day of July, 2022, by the following vote:
AYES
NOES
ABSENT :
AGREEMENTS1Zwack—Highway Equipment—7-11-2022
AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND ZWACK INC.
THIS AGREEMENT, made by and between the Town of Queensbury, a
municipal corporation of the State of New York, having its principal offices and place of
business located at the Town Hall 742 Bay Road, Queensbury, New York 12804 (the
"Town") and
Zwack Inc., having its principal office and place of business at Route 22,
Stephentown,New York 12168, and
WHEREAS, the Town purchased two (2) International Model HV513 6x4
Tandem Cabs and Chassis with Front Plows and Wings with Spreaders ("Plow Trucks")
from Navistar in 2021 pursuant to an Agreement dated , 20_ (the "Purchase
Agreement"), and
WHEREAS, the Town ordered equipment and hydraulic systems (hereinafter
collectively referred to as "Equipment") for these Plow Trucks from Zwack Inc., which
Zwack, Inc. is required to install as part of its Purchase Agreement with the Town, and
WHEREAS, because of supply chain issues, Zwack, Inc., has not yet received nor
do they know when they will receive these Plow Trucks; however, Zwack Inc. is
requesting advance payment for the Equipment since they purchased it for the Town's
trucks, and
WHEREAS, the Town is requesting this Agreement between the Town and
Zwack Inc. for the payment of the Equipment, and
WHEREAS, the Queensbury Town Board approved this Agreement between the
Town of Queensbury and Zwack Inc. by Resolution adopted on July 11"', 2022,
NOW, THEREFORE, it is mutually agreed upon and between the parties as
follows:
1. The Town hereby agrees to pay Zwack Inc. a total of $147,734 for the
Equipment related to these Plow Trucks.
2. Zwack Inc. agrees to store, maintain and keep safe as if new the Equipment at
Zwack Inc.'s Property until the Plow Trucks with all such Equipment properly attached
are delivered by them to the Town in accordance with the Purchase Agreement.
3. Zwack Inc. agrees to maintain insurance on the Equipment at Zwack Inc.'s
sole expense until the fully-equipped Plow Trucks are delivered to the Town, insurance
being at a level sufficient to replace such Equipment if they are damaged and naming the
Town as additional insured. Zwack Inc. shall provide the Town with an acceptable
Certificate of Insurance establishing this.
4. Zwack Inc. agrees to guarantee that the Equipment will be kept in like new
condition until the Plow Trucks with all such Equipment properly installed are delivered
to the Town and if the Equipment is not in new condition when the Plow Trucks are
delivered to the Town Zwack Inc. will order new Equipment at its cost to comply with
the Purchase Agreement. Zwack Inc. will indemnify and hold the Town harmless for any
damages arising from this advance payment.
5. This Agreement shall be in effect until the Town receives the two (2) fully-
equipped Plow Trucks as detailed in the Purchase Agreement. If the Purchase Agreement
for the Plow Trucks is terminated,Zwack Inc. agrees to fully reimburse the Town.
6. This Agreement may not be assigned in whole or in part by Zwack Inc. without
prior written approval by the Town in writing and signed by the Town's duly authorized
representative.
7. Any dispute under this Agreement or related to this Agreement shall be
decided in accordance with the laws of the State of New York and brought exclusively
before the Supreme court located within the County of Warren.
IN WITNESS WHEREOF, this Agreement has been executed by the duly
authorized officers of the respective parties pursuant to a Resolution adopted by their
respective governing boards.
MACK INC.
BY:
TOWN OF QUEENSBURY
BY:
John F. Strough,III
Town Supervisor