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Home My WebLink AboutDishwashing Machine Lease - HRC RESOLUTION 2018-1058 ADOPTED DOC ID: 14713 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1058 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18, 2018: RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018- 1031 adopted on December 4, 2018 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Dishwashing Machine Agreement between the Town of Southold and Auto-Chlor System of New York regarding the leasing of an automatic dishwashing machine for the Human Resource Center for sixty(60)months, at a cost of $238 nni..., ..,+�, $246.00/month, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell . '�y�' Dishwashina Machine Agm reeent &SYSTEM• AGREEMENT,made this date between Auto Chlor system of NEW YORK CITY INC and O DBA at hereinafter called"Customer." 1. Auto-Chlor System agmn toNmish an automatic dishwashing machine,Model AC A4,Saial No. aq ,and all Detergent.Rime Aid and Sanitizing emnpounds necessary for washing dishes.Any excess Dcterge it and Sanitizing compounds used will be charged to Costomet at current prices wd Customer further agrees to return all empty chemical containers or pay for Nan u owront prices.Customer agrees m pay a fixed amount 1 "-at the beginning crouch four(4)week petiod.Customer f ort err egress to pry an additional amount of.ss court per cycle for all cycles washed iRwwsae�HYArA --she kwr(4) week period(determined by counter attached to machine).Customer&grace to pay applicable sales taxes.This agreement shall lass for 65 four-weds perioas p yeas).At ase endof t e toaf tem,d9s agtecraent autonis ically renew itself for another periodof 52 weeks on each i mtarl anniversary unless atha party gives the other party st least 2 four-weds periods(56 days)notice in writing of its ciecdon not to rcoew de agram a 2. Auto-Chlor System Caav'a rho right toadjustprices irrectuay.However,if AuWCllor System adju m prices,the Customer may terminate this agreement by giving Auto-Chlor System 2 four-week periods(56 days)noting in writing to that effect,so long as dna:notice is given within twenty-eight(26)days after the price Increase takes effect If eustamet becomes ddmwm in payment,Aub-Chlor System may.at W option, orewailli q may elect to terminate this agreement by giving de cusbnsc seven days written notice of its election to do so.Upon such election.Cusbraar shall owe Auto- ChbrSysoamallbackpaytents, .uwsrawsn.moss..wnews.awn.atanaawaupenaeaywt.:awienshaaaswaceiq Upon Auto-Chlor Syssen'srrmah"m this agrearnent for non-paytoent,she Customer agrees voluntarily b surrender possession offt submadit di3hwashing machine to Auto-Chlor System,and Auto-Cluor System stall have the right to remove the automatic dishwasbing machine from the Custosices promises.Auto-Chlor System's election to terminate should nor be construed as a waiver ofaty other rights Auto-Chlor System may have under this Agreement. 3. Aum•Clsbr System will deliver dme machine to Customer's piece of business and will advise as to Installation of theun it but Customer mutt amaoge for necessary plumbing cammcdmn•shat metal*ark,electrical work and acia at kis own expense.AuwQtlor System will thoroughly service the machine at regular imervds and st4Ny all perm necessary for proper mtinteraee.Emergency service will be furnished free of olwga 4. The automatic dishwashing machine shall remain the property of Auto-Chlot system and Customer shall not m ndse or eacumbcr to machine,deliberately deface or damage the machine.assign this agreement,rereffm cher or deface any numbers or description offt machine•or must"the machine from the location specified show or permit asyonc other than its regular employees in the regular course of its business to use the machine. 5. AmwChlor System shall not be held liable forahy,damages by mason of fsilut,of equipmeu to operata or faulty operation of equiprom nor be responsible for any direct cmmquentai damage or fosses resulting frau the use or operation of formsbcd equipment. h •garatnehuueaaiaada,Ll'm�----"-'�-' r. 7. Should Custaner discomoct orremove su momic dishwashlag machine orotherwise attempt m wiiwWIy terminate this agteemet,except as set forth above,thea Cuabmer dall remain responsible for th paymeat of is fixed turning set forth above for the entire some of this Agteament. 6. Customer epees to provide Auto-CMor System with the tone and address of the owner of the property upon which Cus im a's business is located site Inform Auto- Chlor System of my cLnnge of ownership of the property so nkat Auto-Cblor System an give written notice to the landlord of Auso-Chlor Sysem's ownership of the summasic dishwashing machine. 9.Aum-Oda System may impose an energy surcharge on mach invoice to offset petroleum or Why baud inoeasa in its cost of goods,vendor or transport energy sumhargs,,a dforfill eastincases.Energy surcfargra may be adjusted periodically depending on— conditions. A nor System of tEWY2JKC1TY,rNC -_ Qeteaets Trade N by(' roue) �1 e ag3oa�a F t Print Name&Title Local Saks k Service Phone Number Customers now Number 22/^//02 dZe—V JcA' CuesO1noes Building OW-es Nene Customer's Sadat Security Number Customer's Building Owner's Address Type-Solo Prop.,Partnership,or Corp. Customer's Building Owners Phan Number 7IW —Ganfinabh— For consideration received,Ne undersigned{'Gyasssene)hereby somm so Lessor finely payment sod fail pecfmmance by Lessee of all obligations of Lessee under the above low is Q lessor soilLessee may by subsequentagreanert add, delete,increase,decrease,oruhowise alta any of ftir rights and obligations as to etch other%arn notice to or consent from tor m smAap .-guaran I Is 9 16 P6 te Meet Moos F111 Z i FIR 'VIRE THE ATTApe®RWER R&MRas a;Mvaanr nRlaBlatNWAL Cce,,R&re FitF 'i Dated as of the date of the lease l� GUARANTOR(Individual) SIGNATURE Lsse" ESSUARANTOR(Individual) PRINT- - AC A4•PRICEG P 00.2015 OAUTO-CHLOR SYSTEM.LLC-DO NOT REPRODUCE RIDER REGARDING PAYMENT UNDER MUNICIPAL CONTRACTS The Town of Southold (hereinafter the "Town") shall pay Auto-Cloy System, LLC (hereinafter the "Contractor") upon the submission of a voucher at the appropriate time of billing. Such voucher shall be due and payable within 45 days after receipt of such voucher, but such sum shall not be due and payable by the Town until the Town Board of the Town has received such a voucher and has audited and approved for payment the voucher to be submitted by Contractor in connection therewith. The Town Board shall process any voucher received from Contractor as expeditiously as .possible.In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within 30 days of the receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor is familiar with the requirements of section 118 of the Town Law which, in effect, prohibit payment of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. The acceptance by the Contractor of the payment shall be,and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Town and others relating to or arising out of, this Contract, except Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however final or otherwise, shall operate to release the Contractor or its sureties from any obligations under this Contract. REQUIRED PROVISIONS OF LAW - Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. If any such provision is not inserted, through mistake or otherwise,then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things,fully comply with: (a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equal opportunity. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor Law section 222-a. (d) Preference in employment of persons required by Labor Law section 222. (e) Eight-hour workday as required by Labor Law section 220(2). PREVAILING WAGE RATES REQUIRED BY LAW (a) The parties hereto,in accordance with the provisions of section 220(3)of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the wage rate and supplements set opposite the trade or occupation in which he/she is engaged,which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. (b) Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be given by the Owner after being advised by the Department of Labor. (c) The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements,as specified in the Contract,for the various classes of mechanics,workingmen/women,or laborers employed on the work. Dated: IV CONTRA O TOWN OF SOUT OLD By: By: / Name: CA— C,0dfffi-ficeror Authoriz gent Title: r. p CIA RECEIVED RECEIVED JAM - ? 2019 oma , Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: January 4, 2019 Subject: Town of Southold and Auto-Chlor Systems With respect to the above-referenced matter, I am enclosing the original Agreement regarding the above matter. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting HRC