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AGREEMENTS\\Sears, Ricky - Piggybacking – Wood Waste Reduction Services - 7-7-19
RESOLUTION AUTHORIZING AGREEMENT FOR PROVISION OF
WOOD WASTE REDUCTION SERVICES BY RICKY SEARS (OPERATING
AS WOOD WASTE REDUCTION SERVICES)
RESOLUTION NO.: ______________________________________________________, 2019
INTRODUCED BY: ______________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: _______________________________________________________
WHEREAS the County of Warren has entered into an agreement with Ricky C. Sears,
operating as Wood Waste Reduction Services (Sears), for wood waste reduction (e.g., chipping)
services in or about May of 2017, which agreement has been extended to December 31, 2019, the
terms and conditions of which are also available to the Town of Queensbury; and
WHEREAS New York State’s General Municipal Law allows any political subdivision in New
York State to “piggyback” off an existing County Bid, and
WHEREAS the Town of Queensbury’s Highway Superintendent has requested Town Board
approval to purchase wood waste reduction (chipping) services by the Town of Queensbury by
“piggybacking” with the Warren County’s Agreement with Ricky C. Sears, and
WHEREAS the purchase of such services by “piggybacking” with the County Contract will
adhere to all New York State Law bidding requirements, and
WHEREAS, a proposed Agreement between the Town and Sears is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the proposed Agreement
for the Provision of Wood Waste Reduction Services by Ricky C. Sears (Operating as Wood Waste
Reduction Services) to the Town of Queensbury, New York substantially in the form presented at this
meeting and authorizes and directs the Town Supervisor to execute the Agreement and take any
further action necessary to finalize the proposed Agreement, and
BE IT FURTHER,
RESOLVED that the Town Highway Superintendent may purchase wood waste reduction
(chipping) services as deemed appropriate by the Superintendent in accordance with the Agreement,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
services shall be from Misc. Contractual Account No.: 004-5110-4400 and the Town Budget
Officer shall take all actions necessary to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Highway Superintendent and/or Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
st
Duly adopted this 1 day of July, 2019, by the following vote:
AYES :
NOES :
ABSENT:
AGREEMENT FOR THE PROVISION OF WOOD WASTE
REDUCTION SERVICES BY RICKY C. SEARS (OPERATING
AS WOOD WASTE REDUCTION SERVICES) TO THE TOWN
OF QUEENSBURY, NEW YORK
THIS AGREEMENT ("Agreement") is entered into by and between the
Town of Queensbury, a municipal corporation and political subdivision located
in the County of Warren, State of New York, having its principal offices at 742
Bay Road, Queensbury, NY 12804 (the "Town") and Ricky C. Sears, operating
under the name Wood Waste Reduction Services, P.O. Box 461 , 9 Harold
Harris Road, Queensbury, NY 12804 (the "Contractor").
WHEREAS the County of Warren (the "County") entered into an
agreement with the Contractor in or about May of 2017 for wood waste
reduction (e.g., chipping), which agreement was extended to December 31,
2019 (the "Underlying Agreement"); and
WHEREAS the Underlying Agreement was made with the intent that the
political subdivisions within the County could enter into agreements with the
Contractor upon the same terms and conditions as the County (i.e.,
"Piggybacking").1
AND WHEREAS such Piggybacking agreements by political
subdivisions within the County are authorized by and consistent with ¶3 of
§103 of New York's General Municipal Law; and
See WC-17 Item: Waste Wood Reduction ad Various Sites in Warren County- Specifications at page 3
("Intent)", page 6 ("Piggybacking") and page 11 ("Proposal").
WHEREAS the Town and the Contractor wish to contract for wood
waste reduction services by the Contractor for the Town on the same terms
and conditions as the Underlying Agreement; now, therefore, it is
AGREED that the Contractor shall provide wood waste reduction
services for the Town upon the same terms and conditions set forth in the
Underlying Agreement as requested by the Town from time-to-time including,
but not limited to, clearing of stumps, logs and/or brush; and it is further
AGREED that such services shall be performed only pursuant to a
printed order from the Town Highway Superintendent and the Town
Supervisor stating the specific number of days and/or hours of services to be
performed, the nature of such services, and the cost of such services
consistent with the Bid Prices annexed hereto; and it is further
AGREED that obligations to and/or by the County set forth in the
Underlying Agreement shall be read to be obligations to and/or by the Town;
and it is further
AGREED that obligations to and/or by the Contractor set forth in the
Underlying Agreement for the County shall be read to be obligations to and/or
by the Contractor for the Town; and it is further
AGREED that the Contractor specifically acknowledges his/its obligation
to pay prevailing wages and maintain all required insurance coverage, with
proof of the satisfaction of both obligations to be provided to the Town; and it
is further
AGREED that this Agreement is effective from the date executed by
both parties until the 31st day of December, 2019; and it is lastly
AGREED that this Agreement shall be automatically extended annually
beginning on the first day of each year unless one of the parties provides the
other with a notice declining and refusing such extension, such notice to be
given by Certified Mail, Return Receipt Requested to the address of that other
party set forth in the first paragraph of this Agreement.
TOWN OF QUEENSBURY
By:
John Strough, Town Supervisor Ricky C. Sears
Date: , 2019 Date: , 2019
AGREEMENTS\Sears Ricky—Wood Waste ReductionServices—July 1 2019