HomeMy WebLinkAbout2018_05_16 Town Board Meeting Packet REVISED
TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY, MAY 16, 2018
5:00 PM THE TOWN BOARD WILL CONVENE IN CONFERENCE ROOM A TO DISCUSS
1 . Update -Traffic Committee
2. Update - Building Security
3. Discussion - Petition - Larchmont Gables
4. Update - Charitable Trust Legislation
5. Land Use Training
6. Update - Replacement of Town Signs
7. New Business
8. Request for Executive Session
8:00 PM CALL TO ORDER - COURTROOM
• PRESENTATION - Ice Breaker Tournament
• PROCLAMATION - Declaring the First Friday in June 2018 to be National Gun
Violence Awareness Day
• SUPERVISOR'S REPORT
• CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization - Computer Consultant Agreement
2. Transfer of Funds - Swim Team Trust Fund
3. Consideration of Certiorari
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETING -June 6, 2018
Any physically handicapped person needing special assistance in order to attend
The meeting should contact the Town Administrator's office at 381-7810.
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COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
WMakerk@TownofMamaroneckNY.org
MEMORANDUM
To: Stephen V. Altieri, Town Administrator
Christina Battalia, Town Clerk
From: William Maker, Jr. - Town Attorney
Subject: Local law regarding firearms in Town buildings
Date: May 11, 2018
Attached is a proposed local law regarding prohibiting possession of firearms within the
enumerated Town buildings by most people. The Town Board may want to consider this
proposal at its May 16th work session. If satisfactory, the Board can decide to set a public
hearing to consider whether this law should be adopted. If it does, the Board may wish to
set the hearing date sufficiently in advance so that a copy of the proposed law can be
referred to the Chief of Police for comment.
Also attached is a copy of section 265.00 of the Penal Law, parts of which are
incorporated by reference into the proposed local law.
/ r
to Printed on Recycled Paper
Local Law No. -2018
This local law shall be known as the "Banning of Firearms within specified Town Buildings"
Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
The Town Board is aware of the country's current plague of shootings of, and other types of
attacks on, innocent persons in schools, in the workplace, in churches, in places of worship, in
other public places, and in homes. The Town Board recognizes that it cannot solve this problem
and is mindful of the right to bear arms given to the people by the Second Amendment to the
United States Constitution and by New York Civil Rights Law § 4. Balanced against these
rights is the Town's objective of providing a safe work environment for Town employees and a
safe place for visitors to Town buildings. Weighing these competing points, the Town Board
finds that safety is paramount. Therefore this law bans possession of firearms within the Town
Buildings identified in this local law by persons, other than those permitted to do so by this law.
Section 2-Creation of a new article in a current chapter of the Mamaroneck Code:
Chapter 100 of the Code of the Town of Mamaroneck hereby is amended to add the following
Article III to it:
Chapter 100
Artide III:Firearms Banned in Town Buildings
§ 100-7. Legislative Intent.
The Town Board is aware of the country's current plague of shootings of, and other types of
attacks on, innocent persons in schools, in the workplace, in churches, in places of worship, in
other public places, and in homes. The Town Board recognizes that it cannot solve this problem
and is mindful of the right to bear arms given to the people by the Second Amendment to the
United States Constitution and by New York Civil Rights Law § 4. Balanced against these
rights is the Town's objective of providing a safe work environment for Town employees and a
safe place for visitors to Town buildings. Weighing these competing points, the Town Board
finds that safety is paramount. Therefore this law bans possession of firearms within the Town
Buildings identified in this article by persons, other than those permitted to do so by this law.
In enacting this law, the Town Board is relying on the oft-quoted phrase from the Unites States
Supreme Court's decision in District of Columbia v Heller,554 US 570, 626(2008):
"Although we do not undertake an exhaustive
historical analysis today of the full scope of the
Second Amendment, nothing in our opinion
should be taken to cast doubt on longstanding . . .
laws forbidding the carrying of firearms in
sensitive places such as schools and government
buildings . . . ."
and the Supreme Court's reiteration of that proposition in McDonald v City of Chicago, Illinois,
561 US 742, 786 (2010) ("We made it clear in Heller that our holding did not cast doubt on such
longstanding regulatory measures as . . . 'laws forbidding the carrying of firearms in sensitive
places such as schools and government buildings . . . .' ").
Preceding Heller and McDonald, the Attorney General of the State of New York, in Informal
Opinion No. 89-75, opined that a village, when acting in its proprietary capacity, could ban
possession of firearms within Village Hall. In reaching this conclusion, the Attorney General
relied upon Barrett v Kunzig, 331 F. Supp. 266, 272 (M.D. Tenn 1971), cert den, 409 US 914 (1972)
which had observed: "[I]t would seem clear that the United States Government and its
custodian, General Services Administration,could make use of its property as could any private
citizen with his home. Hence, it could prevent entry or make such conditions as it deemed
proper as a precedent to entry."
After Heller, the Tenth Circuit Court of Appeals faced a case where banning the possession of
firearms on government property was the issue. In Bonidy v United States Postal Serv., 790 F3d
1121 (10th Cir. 2015), the Court of Appeals upheld the constitutionality of the section of the
Code of Federal Regulations that prohibits carrying firearms while on property belonging to the
United States Postal Service (39 CFR§ 232.1 [1]) against a challenge from a person with a permit
to carry a concealed weapon.
Although the United States Postal Service (USPS) is an arm of the government and not a private
company, the Court noted:
"As a government-owned business acting as a
proprietor rather than as a sovereign, the USPS has
broad discretion to govern its business operations
according to the rules it deems appropriate. . . .
[T]he bans [on possession of firearms] struck down
in Heller and McDonald . . . regulated wholly
private activity and applied to every citizen within
the respective jurisdictions. By contrast, the
regulation challenged here applies only to discrete
parcels of land owned by the U.S. Postal Service,
and affects private citizens only insofar as they are
2
doing business with the USPS on USPS property.
And the regulation is directly relevant to the
USPS's business objectives, which include
providing a safe environment for its patrons and
employees."
Bonidy, 790 F3d at 1126-27.
Finally, this law is compatible with the federal statute (18 USC § 930) that, with certain
exceptions, bans the possession of firearms within those buildings owned or leased by the
Federal government where employees of the federal government are regularly present for the
purpose of performing their official duties.
The Town Board, acting in its proprietary capacity as owner of the Town Buildings defined
below, enacts the following ban on the possession of firearms in those Town Buildings.
§ 100-8. Definitions
For the purpose of this article, the following terms have these meanings:
"Exempt person" means
(a) police officers as that term is defined in subdivision thirty-four of section 1.20 of the
NY Criminal Procedure Law,
(b) peace officers as that term is defined in section 2.10 of the NY Criminal Procedure
Law,
(c) individuals in the military service of the State of New York or of the United States,
(d) individuals in the service of the United States who, whether in pursuit of their official
duty, or when authorized by federal law, regulation or order are authorized to
possess a firearm, and
(e) employees of banking institutions or armored transportation companies whose jobs
require them to transport cash.
An exempt person has that status under this law whether the person is on-duty or off-duty, or
in the case of police officers and peace officers only, whether that officer is actively employed
or retired.
"Firearm" means an instrument meeting the description contained in any one of the following
paragraphs of section 265.00 of the NY Penal Law:
(1): Machine-gun
(3): Firearm
(11): Rifle
(12): Shotgun
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•
(15-a): Electronic dart gun
(15-c): Electronic stun gun
(20): Disguised gun
(21): Semiautomatic
(22): Assault weapon.
"Permitted employee" means an employee of the Town of Mamaroneck who obtains
permission to carry a firearm in a Town Building pursuant to section 100-12.
"Town Building" means the buildings and improvements known by these names and/or postal
addresses, but not the parking lots that are adjacent thereto:
(a) the Town Center located at 740 West Boston Post Road, Mamaroneck, NY 10543
(b) the Hommocks Park Ice Rink located at 140 Hommocks Road, Larchmont, NY 10538
(c) the Weaver Street Firehouse located at 205 Weaver Street, Larchmont, NY 10538
(d) the Ambulance District Building located at 155 Weaver Street, Larchmont, NY 10538
(e) the Highway Garage Building located at 40 Maxwell Avenue, Larchmont, NY 10538
(f) the Parks Building located within Memorial Park
(g) the Senior Citizen Center located at 1228 Boston Post Road, Larchmont, New York
10538
(h) the Sheldrake Environmental Center located at 685 Weaver Street, Larchmont NY
10538.
§ 100-9. Illegal possession
It is a violation of this law for any person, other than an exempt person, to possess a firearm
when in a Town Building.
§ 100-10. Resident Custodians
Notwithstanding section 100-9, the custodian who resides at the Senior Citizen Center and the
adult members of that custodian's family are allowed to possess within the Senior Citizen
Center the firearms which that person is licensed to possess, and the custodian who resides at
the Sheldrake Environmental Center and the adult members of that custodian's family are
allowed to possess within the Sheldrake Environmental Center the firearms which that person
is licensed to possess.
§ 100-11. Signage
Notice of this law's ban on the possession of firearms in Town Buildings shall be posted
conspicuously at each public entrance to a Town Building. No person shall be convicted of
violating this article if such notice is not so posted, unless such person had actual notice of the
ban.
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§ 100-12. Permitted employees.
The Chief of Police or the Chief's designee may grant permission to a Town employee to
possess in a Town Building the pistol or revolver which that employee has a permit to carry
(often called a full-carry license). Such permission can be granted only if that employee
demonstrates to the satisfaction of the Chief of Police or the Chief's designee that the
employee has a special need for self-protection that is different from that of the general public.
§ 100-13. Penalty
A person who violates this article shall be charged with a violation and if convicted shall be
punished by a fine of not less than five hundred and no/ths ($500.00) dollars and not more than
one thousand and no/ths ($1,000.00) dollars.
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
May 11,2018
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NY CLS Penal§ 265.00
Current through 2018 Chapters 1-3, 50-55
New York Consolidated Laws Service > Penal Law > Part THREE Specific Offenses > Title P
Offenses Against Public Safety > Article 265 Firearms and Other Dangerous Weapons
Notice
This section has more than one version with varying effective dates.
§ 265.00. Definitions
As used in this article and in article four hundred,the following terms shall mean and include:
1. "Machine-gun" means a weapon of any description, irrespective of size, by whatever name known,
loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically
discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun.
2. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any
gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing
of any gun, revolver, pistol or other firearms.
3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than
eighteen inches in length; or(c)a rifle having one or more barrels less than sixteen inches in length; or
(d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such
weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon. For the purpose of this subdivision the length of the barrel on a shotgun or rifle
shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made
from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line
parallel to the center line of the bore. Firearm does not include an antique firearm.
4. "Switchblade knife" means any knife which has a blade which opens automatically by hand pressure
applied to a button, spring or other device in the handle of the knife.
5."Gravity knife"means any knife which has a blade which is released from the handle or sheath thereof by
the force of gravity or the application of centrifugal force which, when released, is locked in place by
means of a button, spring, lever or other device.
5-a. "Pilum ballistic knife" means any knife which has a blade which can be projected from the handle by
hand pressure applied to a button, lever, spring or other device in the handle of the knife.
5-b. "Metal knuckle knife" means a weapon that, when closed, cannot function as a set of plastic knuckles
or metal knuckles, nor as a knife and when open, can function as both a set of plastic knuckles or
metal knuckles as well as a knife.
5-c. "Automatic knife" includes a stiletto, a switchblade knife, a gravity knife, a cane sword, a pilum ballistic
knife, and a metal knuckle knife.
6. "Dispose of" means to dispose of, give, give away, lease-loan, keep for sale, offer, offer for sale, sell,
transfer and otherwise dispose of.
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NY CLS Penal §265.00
7. "Deface" means to remove, deface, cover, alter or destroy the manufacturer's serial number or any other
distinguishing number or identification mark.
8. "Gunsmith" means any person, firm, partnership, corporation or company who engages in the business
of repairing, altering, assembling, manufacturing, cleaning, polishing, engraving or trueing, or who
performs any mechanical operation on, any firearm, large capacity ammunition feeding device or
machine-gun.
9. "Dealer in firearms" means any person, firm, partnership, corporation or company who engages in the
business of purchasing, selling, keeping for sale, loaning, leasing, or in any manner disposing of, any
assault weapon, large capacity ammunition feeding device, pistol or revolver.
10. "Licensing officer" means in the city of New York the police commissioner of that city; in the county of
Nassau the commissioner of police of that county; in the county of Suffolk the sheriff of that county
except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, the commissioner of
police of that county; for the purposes of section 400.01 of this chapter the superintendent of state
police; and elsewhere in the state a judge or justice of a court of record having his office in the county
of issuance.
11. "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed
metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
12."Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed
shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each
single pull of the trigger.
13. "Cane Sword" means a cane or swagger stick having concealed within it a blade that may be used as a
sword or stilletto.
14.**There are two subdivisions 14."Chuka stick" means any device designed primarily as a weapon,
consisting of two or more lengths of a rigid material joined together by a thong, rope or chain in such a
manner as to allow free movement of a portion of the device while held in the hand and capable of
being rotated in such a manner as to inflict serious injury upon a person by striking or choking. These
devices are also known as nunchakus and centrifugal force sticks.
14.**There are two subdivisions 14."Antique firearm"means:
Any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar
type of ignition system, or a pistol or revolver which uses fixed cartridges which are no longer available
in the ordinary channels of commercial trade.
15. "Loaded firearm" means any firearm loaded with ammunition or any firearm which is possessed by one
who, at the same time, possesses a quantity of ammunition which may be used to discharge such
firearm.
15-a. "Electronic dart gun" means any device designed primarily as a weapon, the purpose of which is to
momentarily stun, knock out or paralyze a person by passing an electrical shock to such person by
means of a dart or projectile.
15-b. "Kung Fu star" means a disc-like object with sharpened points on the circumference thereof and is
designed for use primarily as a weapon to be thrown.
15-c. "Electronic stun gun" means any device designed primarily as a weapon, the purpose of which is to
stun, cause mental disorientation, knock out or paralyze a person by passing a high voltage electrical
shock to such person.
16."Certified not suitable to possess a self-defense spray device, a rifle or shotgun"means that the director
or physician in charge of any hospital or institution for mental illness, public or private, has certified to
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NY CLS Penal§265.00
the superintendent of state police or to any organized police department of a county, city, town or
village of this state, that a person who has been judicially adjudicated incompetent, or who has been
confined to such institution for mental illness pursuant to judicial authority, is not suitable to possess a
self-defense spray device, as defined in section 265.20 of this article,or a rifle or shotgun.
17."Serious offense"means
(a) any of the following offenses defined in the former penal law as in force and effect immediately prior
to September first, nineteen hundred sixty-seven: illegally using, carrying or possessing a pistol or
other dangerous weapon; making or possessing burglar's instruments; buying or receiving stolen
property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct
defined in subdivisions six and eight of section seven hundred twenty-two of such former penal
law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred
eighty-four-h and article one hundred six of such former penal law; that kind of criminal sexual act
or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-
seven-d and seventeen hundred forty-seven-e of such former penal law; any violation of any
provision of article thirty-three of the public health law relating to narcotic drugs which was defined
as a misdemeanor by section seventeen hundred fifty-one-a of such former penal law, and any
violation of any provision of article thirty-three-A of the public health law relating to depressant and
stimulant drugs which was defined as a misdemeanor by section seventeen hundred forty-seven-b
of such former penal law.
(b) [As amended, L 2010, ch 232, § 2] any of the following offenses defined in the penal law: illegally
using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools;
criminal possession of stolen property in the third degree; escape in the third degree; jostling;
fraudulent accosting; endangering the welfare of a child; the offenses defined in article two
hundred thirty-five; issuing abortional articles; permitting prostitution; promoting prostitution in the
third degree; stalking in the fourth degree; stalking in the third degree; the offenses defined in
article one hundred thirty;the offenses defined in article two hundred twenty.
(b) [As amended, L 2010, ch 232, § 3] any of the following offenses defined in the penal law: illegally
using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools;
criminal possession of stolen property in the third degree; escape in the third degree; jostling;
fraudulent accosting; endangering the welfare of a child; the offenses defined in article two
hundred thirty-five; issuing abortional articles; permitting prostitution; promoting prostitution in the
third degree; stalking in the third degree; stalking in the fourth degree; the offenses defined in
article one hundred thirty;the offenses defined in article two hundred twenty.
18. "Armor piercing ammunition" means any ammunition capable of being used in pistols or revolvers
containing a projectile or projectile core, or a projectile or projectile core for use in such ammunition,
that is constructed entirely (excluding the presence of traces of other substances) from one or a
combination of any of the following: tungsten alloys, steel, iron, brass, bronze, beryllium copper, or
uranium.
19. "Duly authorized instructor" means (a) a duly commissioned officer of the United States army, navy,
marine corps or coast guard, or of the national guard of the state of New York; or (b) a duly qualified
adult citizen of the United States who has been granted a certificate as an instructor in small arms
practice issued by the United States army, navy or marine corps, or by the adjutant general of this
state, or by the national rifle association of America, a not-for-profit corporation duly organized under
the laws of this state; or (c) by a person duly qualified and designated by the department of
environmental conservation under paragraph d of subdivision six of section 11-0713 of the
environmental conservation law as its agent in the giving of instruction and the making of certifications
of qualification in responsible hunting practices.
20. "Disguised gun" means any weapon or device capable of being concealed on the person from which a
shot can be discharged through the energy of an explosive and is designed and intended to appear to
be something other than a gun.
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NY CLS Penal§265.00
21. "Semiautomatic" means any repeating rifle, shotgun or pistol, regardless of barrel or overall length,
which utilizes a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or
spent shell and chamber the next round, and which requires a separate pull of the trigger to fire each
cartridge or shell.
22. "Assault weapon"means
(a)a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the
following characteristics:
(i)a folding or telescoping stock;
(ii)a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii)a thumbhole stock;
(iv)a second handgrip or a protruding grip that can be held by the non-trigger hand;
(v)a bayonet mount;
(vi) a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to
accommodate a flash suppressor, muzzle break, or muzzle compensator;
(vii)a grenade launcher; or
(b)a semiautomatic shotgun that has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii)a thumbhole stock;
(iii)a second handgrip or a protruding grip that can be held by the non-trigger hand;
(iv)a fixed magazine capacity in excess of seven rounds;
(v)an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of
the following characteristics:
(i)a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the non-trigger hand;
(iv)capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip;
(v) a threaded barrel capable of accepting a barrel extender, flash suppressor,forward handgrip, or
silencer;
(vi) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the
shooter to hold the firearm with the non-trigger hand without being burned;
(vii)a manufactured weight of fifty ounces or more when the pistol is unloaded; or
(viii)a semiautomatic version of an automatic rifle, shotgun or firearm;
(d)a revolving cylinder shotgun;
(e) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in
subparagraph (v) of paragraph (e) of subdivision twenty-two of section 265.00 of this chapter as
added by chapter one hundred eighty-nine of the laws of two thousand and otherwise lawfully
possessed pursuant to such chapter of the laws of two thousand prior to September fourteenth,
nineteen hundred ninety-four;
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NY CLS Penal§265.00
(f) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in
paragraph (a), (b)or(c)of this subdivision, possessed prior to the date of enactment of the chapter
of the laws of two thousand thirteen which added this paragraph;
(g) provided, however,that such term does not include:
(i) any rifle, shotgun or pistol that (A) is manually operated by bolt, pump, lever or slide action; (B)
has been rendered permanently inoperable; or (C) is an antique firearm as defined in 18
U.S.C. 921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five
rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or
detachable magazine; or
(iv)a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in Appendix A to 18 U.S.C.
922 as such weapon was manufactured on October first, nineteen hundred ninety-three. The
mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such
weapon is an assault weapon;
(v) any weapon validly registered pursuant to subdivision sixteen-a of section 400.00 of this
chapter. Such weapons shall be subject to the provisions of paragraph (h)of this subdivision;
(vi) any firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date,
but not including replicas thereof that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter;
(h) Any weapon defined in paragraph (e) or (f) of this subdivision and any large capacity ammunition
feeding device that was legally possessed by an individual prior to the enactment of the chapter of
the laws of two thousand thirteen which added this paragraph, may only be sold to, exchanged
with or disposed of to a purchaser authorized to possess such weapons or to an individual or entity
outside of the state provided that any such transfer to an individual or entity outside of the state
must be reported to the entity wherein the weapon is registered within seventy-two hours of such
transfer. An individual who transfers any such weapon or large capacity ammunition device to an
individual inside New York state or without complying with the provisions of this paragraph shall be
guilty of a class A misdemeanor unless such large capacity ammunition feeding device, the
possession of which is made illegal by the chapter of the laws of two thousand thirteen which
added this paragraph, is transferred within one year of the effective date of the chapter of the laws
of two thousand thirteen which added this paragraph.
23."Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device,
that(a)has a capacity of, or that can be readily restored or converted to accept, more than ten rounds
of ammunition, or[pars(b)and (c)are suspended and not effective as stated in Laws 2013, ch 1, 4 58,
sub b note below] (b) contains more than seven rounds of ammunition, or (c) is obtained after the
effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and
has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of
ammunition; provided, however, that such term does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is
a curio or relic. A feeding device that is a curio or relic is defined as a device that(i)was manufactured
at least fifty years prior to the current date, (ii) is only capable of being used exclusively in a firearm,
rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including
replicas thereof, (iii) is possessed by an individual who is not prohibited by state or federal law from
possessing a firearm and (iv) is registered with the division of state police pursuant to subdivision
sixteen-a of section 400.00 of this chapter, except such feeding devices transferred into the state may
be registered at any time, provided they are registered within thirty days of their transfer into the state.
Notwithstanding paragraph (h) of subdivision twenty-two of this section, such feeding devices may be
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NY CLS Penal§265.00
transferred provided that such transfer shall be subject to the provisions of section 400.03 of this
chapter including the check required to be conducted pursuant to such section.
24. "Seller of ammunition" means any person, firm, partnership, corporation or company who engages in
the business of purchasing, selling or keeping ammunition.
25. "Qualified retired New York or federal law enforcement officer" means an individual who is a retired
police officer as police officer is defined in subdivision thirty-four of section 1.20 of the criminal
procedure law, a retired peace officer as peace officer is defined in section 2.10 of the criminal
procedure law or a retired federal law enforcement officer as federal law enforcement officer is defined
in section 2.15 of the criminal procedure law, who: (a) separated from service in good standing from a
public agency located in New York state in which such person served as either a police officer, peace
officer or federal law enforcement officer; and (b) before such separation, was authorized by law to
engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration
of any person for, any violation of law, and had statutory powers of arrest, pursuant to their official
duties, under the criminal procedure law; and (c) (i) before such separation, served as either a police
officer, peace officer or federal law enforcement officer for five years or more and at the time of
separation, is such an officer; or (ii) separated from service with such agency, after completing any
applicable probationary period of such service, due to a service-connected disability, as determined by
such agency at or before the time of separation; and (d)(i) has not been found by a qualified medical
professional employed by such agency to be unqualified for reasons relating to mental health; or (ii)
has not entered into an agreement with such agency from which the individual is separating from
service in which that individual acknowledges he or she is not qualified for reasons relating to mental
health; and(e)is not otherwise prohibited by New York or federal law from possessing any firearm.
History
Add, L 1965, ch 1030, § 1, eff Sept 1, 1967,with substance derived from§ 1896; amd, L 1967,ch 791, §46; L
1969, ch 123, § 1,eff Sept 1, 1969; L 1972, ch 588, § 1; L 1972,ch 605, § 1; L 1974,ch 179, § 1, eff Sept 1, 1974;
L 1974, ch 986,§§ 1,2; L 1974, ch 1041, § 1, eff Sept 1, 1974; L 1976,ch 217, § 1,eff Sept 1, 1976; L 1982,ch
492, § 1; L 1985, ch 61, § 1,eff Nov 1, 1985; L 1986, ch 328, §2, eff Nov 1, 1986; L 1986, ch 646, § 1, eff Nov 1,
1986; L 1988, ch 264, § 1; L 1990, ch 264, § 1, eff Nov 1, 1990; L 1995, ch 219, §2, eff Nov 1, 1995; L 1996, ch
354, §2,eff Nov 1, 1996; L 1997, ch 446, §2, eff Aug 25, 1997;L 1998, ch 378, § 1,eff Nov 1, 1998; L 1999, ch
210, § 1,eff Nov 1, 1999; L 1999, ch 635, §§ 11, 15,eff Dec 1, 1999; L 2000, ch 189, §§8-10, eff Nov 1, 2000; L
2008, ch 257, §3, eff Nov 1, 2008;L 2010, ch 232, §§2, 3, eff July 30,2010; L 2013, ch 1, §37,eff Jan 15, 2013; L
2013, ch 1, §38,eff April 15,2013; L 2013, ch 1,§39,eff March 16, 2013; L 2013, ch 98,§ 1,eff July 5,2013.
Annotations
Notes
Editor's Notes:
Laws 1997, ch 446, §5 1,7, eff Aug 25, 1997, provide as follows:
Section 1. This act shall be known and may be cited as the "Westchester county handgun record-keeping and
accountability act". (Amd, L 1997, ch 447, § 1,eff Aug 25, 1997.).
§ 7. This act shall take effect immediately and in Westchester county shall apply to licenses issued on or after such
date. (Amd, L 1997, ch 447, §4,eff Aug 25, 1997.).
William Maker
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Town of Mamaroneck
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740 West Boston Post Road,Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914/381-7810
FAX: 914/381-7809
townadministrator@townofmamaroneck.org
Memorandum
To: Supervisor and Town Board
Re: Tentative Agenda- Land Use Board Training Session
Date: May 11, 2018
We are getting back on track to schedule an in house training session for the Planning
and Zoning Boards and some staff members. Of course Town Board members can
attend as well. The instructors for the session would be: Town Attorney Bill Maker,
Counsel to the Planning and Zoning Boards- Lisa Hochman and we would ask Frank
Fish of BFJ Planning to also serve as an instructor.
The tentative agenda would be as follows:
1. Residential Site Plan
Highlighting differences between aesthetic considerations and establishing
practical guidelines for siting of structures and screening on the site.
Consideration and application of using green infrastructure
Review of recent case law.
2. Conflicts of Interest
Can land use board members retain contractors/architects that appear before
the land use boards?
Distinguishing between abstentions by a Board member versus a recusal from
sitting as a Board member when there is a conflict.
3. Update on SEQR Law
4. Review of the Open Meetings Law and Freedom of Information laws as they
relate to the PEER Review process.
5. Discussion of when it is appropriate for the Zoning Board to conduct
Interpretations of the Zoning Code.
The plan is to hold the training session sometime during the last• weeks of June.
The session is generally about four hours.
ltV
Stephen V. Altieri
Town Administrator
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Town of Mamaroneck
From: Tony Siligato-Town Comptroller ig):
Re: Fire Claims
Date: May 16,2018
The following Town of Mamaroneck Fire Department claims have been certified by Chief Paul Tortorella
and submitted to the Comptroller's Office for payment:
VENDOR DESCRIPTION
AAA Emergency Supply Co. Fire Extinguisher inspection
$ 44.00
Byram Mason Supply Corp STIHL water coupling for saw $ 21.90
Bound Tree Medical,LLC Defib Pads,Tourniquets
$ 174.25
Fire Companies.Com Quarterly Website Fee 6/1/18-9/31/18 $ 209.97
Grainger (2)50ft extension cord $ 158.06
Ready Refresh Water Cooler Rental for 3/19/18-4/18/18 $ 122.96
The Deerfield Group Envelopes-#10 Regular"Fire Department'2,500 envelopes $ 224.18
UniFirst Corporation Cleaning supplies for building 4/20,4/27,5/4/18 $ 183.03
Villa Maria Pizza Food for Fast Drill 4/26/18,Food for Explorer/New Member Drill 5/2/18 $ 138.04
Westech Elevator Services,Inc. Maintenance for month of May 2018 $ 175.00
WJWW 205 Weaver St Charges 3/24/18-4/25/18 $ 79.27
$
$
$
$
$
$
$
$
$
$
$
Total: $ 1,530.66
O9
Town of Mamaroneck
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o N DE o .;. 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•
OFFICE OF THE TOWN ADMINISTRATOR TEL: 914/381-7810
FAX: 914/381-7809
townadministrator@ townofmamaroneck.org
Memorandum
To: Supervisor and Town Board
Re: Authorization-Consultant Agreement-IT Services
Date: May 11, 2018
The Town has previously issued an RFP for IT consultant services. Consultant services
utilized by the Town are primarily for what is known as Level 3 support for our servers
and networks. Our consultants are also utilized for those IT projects and services that
involve complex software programming or review.
The Town received three proposals in response to the RFP:
• Delzotto Consultants
• A-1 Computer Services
• Corporate Computer Solutions
Evaluation of the proposals was based upon not only price, in the form of hourly rates,
but also expertise in the specific areas for which the consultant would be used to assist
the Town.
Based upon that review, the recommendation to the Town Board is to accept the
proposal submitted by Delzotto Consultants of New York City. Under the terms of the
agreement, level 3 services would be provided at$135-$175 per hour. The actual
hourly rate charged within the range is based upon the level of expertise of the person
requested for a specific task. This rate structure compare very favorably to our last
consultant that charged a flat$250 per hour for all services.
Attached is a copy of the RFP and the proposed agreement that has been reviewed by
Counsel as well as myself and the IT Director.
REQUESTED ACTION-THAT THE TOWN BOARD APPROVE THE CONTRACT BETWEEN
THE TOWN OF MAMARONECK AND DELZOTTO CONSULTANTS TO PROVIDE IT
CONSULTING SERVICES AND THAT THE TOWN BOARD AUTHORIZ THE TOWN
ADMINISTRATOR TO EXECUTE THE AGREEMENT.
//. /
• Stephen V. Altieri
Town Administrator
4,
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®z m Town of Mamaroneck
� ' TOWN CENTER • ROOM 312
•
FOUNDED 1661 • 740 West Boston Post Rd., Mamaroneck, NY 10543
INFORMATION TECHNOLOGY DEPARTMENT RCimino@TownofMamaroneckNY.org
PROFESSIONAL SERVICES REQUEST FOR PROPOSAL
Town, Police and Fire Maintenance, Administration and Support
Statement of Work for Windows/Intel and Applications
Current Inventory
11 physical servers, 24 virtual servers, 4 Network Area Storage
Devices, 1 Netclock, 1 Street Light Appliance, 3 HVAC networked
JACE Units and 56 Department Specific Software Applications in
8 Remote Sites (Subject to Change)
WinTel Systems Engineer/Network Admin Level 1-2 Statement of Work includes but is
not limited to:
• AD Administration
o Active Directory maintenance and administration
• Primary TOM domain and sub-domains
• MPD — Mamaroneck Police Department
• MFD — Town of Mamaroneck Fire Department
• CSV— Town of Mamaroneck Community Services
o AD user Administration
• Permissions Folders, Applications, Devices
• Add/Delete/Cleanup users and groups
• Group Policy, Scripts
• Cross Domain Permissions and Access
•Microsoft Windows Server 2012R2 Administration
• Apply appropriate Updates
• Event Viewer log file review and maintenance
• Add/Delete/Cleanup applications with Software Manufactures
• Application Integration
• Manage Engine Module Administration
• OpManager
• Desktop Central
• Service Desk Plus
• ADManager Plus
• 365Manager Plus
• Software Configuration
• Software Updates
• Add on Software Updates
• Management Alerts
• Device Alerts
• SNMP Traps
• Service Alerts
• Remote Monitoring
• Performance and Log Reviews and maintenance
•Symantec Antivirus
• Symantec Anti-Virus Server and Software
• Symantec Anti-Virus Endpoints
•Malwarebytes
• Malwarebytes Central Management Station
• Malwarebytes Remote agents
WinTel Systems Engineer/Network Admin Level 3 Statement of Work includes but is
not limited to:
Administration:
o AD Security
o Access Security
o Domain Controller redundancy
o AD system state backups
• Microsoft Hyper-V Administration
o Hyper-V Hosts
o Hyper-V Virtual Machines
o Virtual Disks and Snapshots Integration
o Performance and Log reviews and maintenance
• Storage Administration
o Synology NAS Administration and maintenance
o Management Software updates
o Application Updates
o Virus/Malware protection
o Access Security
o iSCSI LUNs and Targets
o RAID Maintenance and Scrubbing
o Performance and Log reviews and maintenance
• Acronis Backup Administration
o Acronis Backup Administration and maintenance
o Management Software updates
o Application Updates
o Backup Status Review
o Access Security
o Storage Status
o Bare Metal Backup USB
o Performance and Log reviews and maintenance
• MS SQL
o MS SQL Administrative tasks
o MS SQL Database maintenance and administration
• MS DHCP
o DHCP Server maintenance and administrative task
o DHCP Range modifications
• MS DNS
o DNS Administration and maintenance
o DNS hierarchy administration
• NTP Time Server
o DNS Administration and maintenance
o Synchronization with Stratum Level 2 servers
o Internal NTP Hierarchy
Maintenance:
• Presidents' Day Weekend
• Memorial Day Weekend
• Labor Day Weekend
• Thanksgiving Weekend
Critical and Urgent updates will be performed automatically when
allowed
• Confirm appropriate updates are installed and operating properly
• MS Windows Server
• MS SQL Server
• HP BIOS and firmware updates
o Hardware Specific Maintenance
• Identify and predict major issues, such as hardware faults, for
immediately correction within warranty
• Run consistency checks on RAID arrays
• Run check disks on server drives
• Review HP managed tools for any hardware malfunctions
• Defragment drives on server to maintain optimal functioning
• Run Disk Cleanup
o OS Specific Maintenance
• Review all event logs for errors
• Address errors inside the event logs
• Review and audit security and accounts
• Review OS performance
• Review Disk Space, Logs and Memory
o Hyper-V Specific Maintenance
• Review VM Longs for memory/vhd/cpu and utilization for
modifications or changes to settings
• Confirm snapshot integration to primary VHD from AVHD
o Application Specific Maintenance
• DHCP Database and lease's
• DNS Server integration and functioning checkup
• Review active directory and continuity
• Backup sysvol
• Program removal and clean up (if needed)
■ Back up and check databases in SQL for any issues and
recommendations.
■ Confirming backup routines running as expected automated
■ Initializing SQL maintenance plan for databases
■ DCC integrity checks on databases
■ Re-index databases
■ backing up master separately
■ review and truncated logs as needed
■ shrinking databases to appropriate sizes based on previous
maintenance All Techs must have a unique user ID routines
recovering free space
■ IIS services review (app pools)
■ Log clean out/archiving
■ Security Specific Maintenance
■ Run a security scan
■ Full Malware / Symantec Scans (Document and repeat if any
items are found.)
■ Any other policy or user compliance issue
o Any other observations/recommendation for documentation
Requirements:
Response must be submitted no later than 01/15/18;
All Engineers/technicians working on Town systems must be MCP certified or have
8 years' experience with 2008r2 thru current;
All engineers/technicians must use a Town issued domain account via the Town's
Logmein account on a dedicated Town workstation for all Town access;
Must adhere to and sign the Town of Mamaroneck Cyber Security Policy;
All non-project specific work must include a Town issued Help Desk ticket -
Maintenance must be scheduled in advance when needed and a Help Desk ticket will
be issued upon request;
Detailed resolution notes including time spent on individual help desk tickets must be
provided upon closure of ticket.
Rates:
Hourly Rate for four (4) hour turn around for loss of connectivity on critical systems
between 7:30am and 5pm, M-F: $
Hourly Rate for four (4) hour turn around for loss of connectivity on critical systems
between 7:30am and 5pm, weekend and holiday: $
Hourly Rate for twenty-four (24) hour turn around for loss of connectivity non-critical
systems between 7:30am and 5pm, M-F: $
Hourly Rate for Four (4) Maintenance Weekends per year: $
Company Name:
Address:
Name:
Support Phone Number:
Support Email:
NYS or NCPA Contract Affiliations:
**This is a Request for Proposal for Professional Services. The Town reserves the
right to choose the most qualified candidate over lowest bidder**
Consulting Agreement
This Consulting Agreement(the "Agreement"), dated as of January 22, 2018, is by and
between DCC Inc. d/b/a Delzotto Consulting, a New York corporation,with offices located at
245 W. 29th Street, Suite 1202,New York,NY 10001 (the "Consultant") and Town Of
Mamaroneck., a New York corporation, with offices located at 740 West Boston Post Road,
Mamaroneck NY, 10543 (the "Client").
WHEREAS, Client desires to retain Consultant to provide certain information technology
consulting services upon the terms and conditions hereinafter set forth, and Consultant is willing
to perform such services pursuant thereto.
NOW, THEREFORE, in consideration of the mutual promises, representations, and
covenants set forth herein and for other valuable consideration, the receipt and sufficiency that
are hereby acknowledged, the parties agree as follows:
1 DEFINITIONS
"Confidential Information" means any information that is treated as confidential by a
party, including, without limitation,trade secrets, technology, information pertaining to business
operations and strategies, and information pertaining to customers,pricing, and marketing.
Confidential Information shall not include information that: (a) is already known to the
Receiving Party without restriction on use or disclosure prior to receipt of such information from
the Disclosing Party; (b) is or becomes generally known by the public other than by breach of
this Agreement by, or other wrongful act of, the Receiving Party; (c) is developed by the
Receiving Party independently of, and without reference to, any Confidential Information of the
Disclosing Party; or(d) is received by the Receiving Party from a third party who is not under
any obligation to the Disclosing Party to maintain the confidentiality of such information.
"Client Equipment" means any equipment, systems, cabling or facilities provided by
Client and used directly or indirectly in the provision of the Services.
"Client Materials" means any documents, data, know-how, methodologies, software and
other materials provided to Consultant by Client.
"Consultant Equipment" means any equipment, systems, cabling or facilities provided
by or on behalf of Consultant and used directly or indirectly in the provision of the Services.
"Consultant Personnel" means all employees, if any, engaged by Consultant to perform
the Services.
"Disclosing Party" means a party that discloses Confidential Information under this
Agreement.
"Intellectual Property Rights" means all (a)patents,patent disclosures and inventions
(whether patentable or not), (b)trademarks, service marks,trade dress, trade names, logos,
corporate names and domain names,together with all of the goodwill associated therewith, (c)
copyrights and copyrightable works (including computer programs), [mask works,] and rights in
data and databases, (d)trade secrets,know-how and other confidential information, and(e) all
other intellectual property rights, in each case whether registered or unregistered and including
all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights
or forms of protection in any part of the world.
"Law" means any statute, law, ordinance,regulation,rule,code, order, constitution,
treaty, common law,judgment, decree, other requirement or rule of law of any federal, state,
local or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of
competent jurisdiction.
"Losses" mean all losses,damages, liabilities, deficiencies, actions,judgments, interest,
awards,penalties, fines,costs or expenses of whatever kind, including reasonable attorneys' fees
and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any
insurance providers.
"Person" means an individual, corporation,partnership,joint venture, limited liability
company, governmental authority,unincorporated organization,trust, association or other entity.
"Pre-Existing Materials" means all documents, data, know-how, methodologies,
software and other materials, including computer programs, reports and specifications,provided
by or used by Consultant in connection with performing the Services, in each case developed or
acquired by the Consultant prior to the commencement or independently of this Agreement.
"Receiving Party" means a party that receives or acquires Confidential Information
directly or indirectly under this Agreement.
"Services" mean any professional or other services to be provided by Consultant under
this Agreement, as described in more detail on Schedule A.
2 SERVICES
2.1 Consultant shall provide the Services to Client in accordance with the terms and
conditions of this Agreement. Schedule A may be amended from time to time to add to the menu
of Services provided by Consultant upon the mutual agreement of the parties.
3 CONSULTANT'S OBLIGATIONS
3.1 The Consultant shall:
(a) appoint:
(i) a Consultant employee to serve as a primary contact with respect
to this Agreement and who will have the authority to act on behalf of Consultant
in connection with matters pertaining to this Agreement(the "Consultant
Contract Manager");and
(ii) Consultant Personnel,who shall be suitably skilled, experienced
and qualified to perform the Services;
2
(b) maintain the same Consultant Contract Manager throughout the Term of
this Agreement except for changes in such personnel due to the resignation or termination
of such personnel or other circumstances outside of Consultant's reasonable control;
(c) before the date on which the Services are to start, obtain, and at all times
during the Term of this Agreement maintain, all necessary licenses and consents and
comply with all relevant Laws applicable to the provision of the Services;
(d) prior to any Consultant Personnel performing any Services hereunder: (i)
ensure that such Consultant Personnel have the legal right to work in the United States;
and(ii)at its sole cost and expense, conduct background checks on such Consultant
Personnel, which background checks shall comprise, at a minimum, a review of credit
history, references and criminal record, in accordance with state, federal and local law;
(e) comply with, and ensure that all Consultant Personnel comply with, all
rules, regulations and policies of Client that are communicated to Consultant in writing,
including security procedures concerning systems and data and remote access thereto,
building security procedures, including the restriction of access by Client to certain areas
of its premises or systems for security reasons, and general health and safety practices
and procedures;
(f) maintain records relating to the provision of the Services under this
Agreement, including records of the time spent and materials used by Consultant in
providing the Services. During the Term, upon Client's written request, Consultant shall
allow Client or Client's representative to inspect and make copies of such records and
interview Consultant Personnel in connection with the provision of the Services;
provided that any such inspection shall take place during regular business hours no more
than once per year and Client provides Consultant with at least 10 business days advance
written notice; and
(g) require each subcontractor to be bound in writing by the confidentiality
and intellectual property assignment or license provisions of this Agreement.
(h) Shall comply with the Town of Mamaroneck Cyber Security Policy
3.2 Consultant is responsible for all Consultant Personnel and for the payment of their
compensation, including, if applicable, withholding of income taxes, and the payment and
withholding of social security and other payroll taxes,unemployment insurance, workers'
compensation insurance payments and disability benefits.
4 CLIENT'S OBLIGATIONS
4.1 Client shall:
(a) cooperate with Consultant in all matters relating to the Services and
appoint and, in its reasonable discretion, replace a Client employee to serve as the
primary contact with respect to this Agreement and who will have the authority to act on
3
behalf of Client with respect to matters pertaining to this Agreement(the "Client
Contract Manager");
(b) provide, subject to 3.1(e), such access to Client's premises, and such office
accommodation and other facilities as may reasonably be requested by Consultant, for the
purposes of performing the Services;
(c) respond promptly to any Consultant request to provide direction,
information, approvals, authorizations or decisions that are reasonably necessary for
Consultant to perform Services in accordance with the requirements of this Agreement;
(d) provide such information as Consultant may reasonably request, in order
to carry out the Services, in a timely manner, and ensure that it is complete and accurate
in all material respects;
(e) ensure that all Client Equipment is in good working order and suitable for
the purposes for which it is used in relation to the Services and conforms to all relevant
legal or industry standards or requirements;
(f) obtain and maintain all necessary licenses and consents and comply with
all applicable Law in relation to the Services,to the extent that such licences, consents
and Law relate to Client's business,premises, staff and equipment, in all cases before the
date on which the Services are to start;
(g) keep, maintain and insure the Consultant Equipment in good condition,
and shall not dispose of or use Consultant Equipment other than in accordance with
Consultant's written instructions or authorization.
(h) provide the consultant with a Help Desk ticket for all requests for
assistance,maintenance and trouble shooting.
4.2 If Consultant's performance of its obligations under this Agreement is prevented
or delayed by any act or omission of Client or its agents, subcontractors,consultants or
employees, Consultant shall not be deemed in breach of its obligations under this Agreement or
otherwise liable for any costs, charges or losses sustained or incurred by Client, in each case,to
the extent arising directly or indirectly from such prevention or delay.
5 TERM
This Agreement shall commence as of the Effective Date and shall continue thereafter for
a period of one (1)year, unless sooner terminated pursuant to 12 (the"Initial Term"). This
Agreement shall automatically renew thereafter for successive twelve (12)month periods unless
either party gives written notice of its intent not to renew at least thirty(30)days prior to the end
of the then-current term(each, a"Renewal Term" and together with the Initial Term, the
"Term").
4
6 FEES AND EXPENSES; PAYMENT TERMS
6.1 In consideration of the provision of the Services by the Consultant and the rights
granted to Client under this Agreement, Client shall pay the fees set forth below. Payment to
Consultant of such fees and the reimbursement of expenses pursuant to this agreement shall
constitute payment in full for the performance of the Services, and, Client shall not be
responsible for paying any other fees, costs or expenses.
6.2 Where the Services are provided on a time and materials basis:
(a) the fees payable for the Services shall be calculated in accordance with
Consultant's hourly fee rates for the Consultant Personnel of$135 to $175 per hour
during regular business hours (8am to 6pm EST) and up to $225 per hour for after-hours
services WinTel and $250 per hour for Network services, billed in fifteen minute
increments; on site work is billed with a four(4)hour minimum, in each case, depending
on experience level of Consultant Personnel; and
(b) Consultant shall issue invoices to Client no more frequently than monthly
(unless agreed upon by the parties) in arrears for its fees for time for the immediately
preceding month, calculated as provided in this agreement together with a detailed
breakdown of any expenses for such month incurred.
6.3 Client agrees to reimburse Consultant for all reasonable travel and out-of-pocket
expenses incurred by Consultant in connection with the performance of the Services. In the event
Consultant incurs out-of-pocket expenses in connection with the purchase of any equipment or
other items for Client in connection with rendering services hereunder, such expenses shall be
reimbursed by Client as soon as possible, but in no event later than thirty(30)days after such
receipt of invoice. All such reimbursable amounts shall include all interest incurred by
Consultant on any such purchases.
6.4 The parties agree that after the initial 12 months of the Term, for Services
provided on a time and materials basis, Consultant may propose an increase of its standard fee
rates specified herein upon written notice to Client;provided, that:
(a) Consultant provides Client written notice of such increase at least 60 days
prior to the effective date of such increase;
6.5 Consultant shall issue invoices to Client only in accordance with the terms of this
Section, and Client shall pay all properly invoiced amounts due to Consultant within 30 days
after Client's receipt of such invoice.All payments hereunder shall be in US dollars and made by
check or wire transfer. Late payments will incur a late charge at a rate equal to the lesser of two
percent(2%)per month or the maximum rate allowed by law. If Client fails to make any
payment due under this Agreement within 30 days of the date of invoice or of the date the
expense was incurred, as applicable, then Consultant may, in its sole discretion,place Client on
credit hold and require prepayments, in whole or in part, for any or all future services and related
expenses. Client acknowledges and agrees that Client may only dispute invoices within 12
months after the date of such invoice.
5
6.6 Client shall be responsible for all sales, use and excise taxes, and any other similar
taxes, duties and charges of any kind imposed by any federal, state or local governmental entity
on any amounts payable by Client hereunder;provided, that, in no event shall Client pay or be
responsible for any taxes imposed on, or with respect to, Consultant's income, revenues, gross
receipts,personnel or real or personal property or other assets.
7 INTELLECTUAL PROPERTY RIGHTS;OWNERSHIP
7.1 Consultant shall retain sole and exclusive ownership in and to all Pre-Existing
Materials, newly created proprietary tools, and consumer data that is collected or used in
connection with its performance of the duties set forth in this Agreement, including all
Intellectual Property Rights therein. All copyright,trade secret, and other Intellectual Rights
relating to any information, ideas, concepts, improvements, discoveries and inventions, as well
as all forms of expression of ideas which are the subject matter of copyright,developed by
Consultant for use by Client under this Agreement shall be the sole and exclusive property of
Consultant. Consultant hereby grants Client a limited,non-exclusive, revocable,royalty-free,
non-transferable, non-sublicenseable, license to use the Pre-Existing Materials during the Term
of this Agreement and solely for the specific purposes of this Agreement. All other rights in and
to the Pre-Existing Materials are expressly reserved by Consultant.
7.2 Client and its licensors are, and shall remain, the sole and exclusive owner of all
right,title and interest in and to the Client Materials, including all Intellectual Property Rights
therein. Consultant shall have no right or license to use any Client Materials except solely during
the Term of the Agreement to the extent necessary to provide the Services to Client. All other
rights in and to the Client Materials are expressly reserved by Client.
8 CONFIDENTIAL INFORMATION
8.1 The Receiving Party agrees:
(a) not to disclose or otherwise make available Confidential Information of
the Disclosing Party to any third party without the prior written consent of the Disclosing
Party;provided, however,that the Receiving Party may disclose the Confidential
Information of the Disclosing Party to its officers,employees, consultants and legal
advisors who have a "need to know",who have been apprised of this restriction and who
are themselves bound by nondisclosure obligations at least as restrictive as those set forth
in this agreement;
(b) to use the Confidential Information of the Disclosing Party only for the
purposes of performing its obligations under the Agreement or, in the case of Client,to
make use of the Services; and
(c) to promptly notify the Disclosing Party in the event it becomes aware of
any loss or disclosure of any of the Confidential Information of Disclosing Party.
8.2 If the Receiving Party becomes legally compelled to disclose any Confidential
Information,the Receiving Party shall provide:
6
(a) prompt written notice of such requirement so that the Disclosing Party
may seek, at its sole cost and expense, a protective order or other remedy; and
(b) reasonable assistance, at the Disclosing Party's sole cost and expense, in
opposing such disclosure or seeking a protective order or other limitations on disclosure.
If,after providing such notice and assistance as required herein, the Receiving Party remains
required by Law to disclose any Confidential Information, the Receiving Party shall disclose no
more than that portion of the Confidential Information which, on the advice of the Receiving
Party's legal counsel,the Receiving Party is legally required to disclose and,upon the Disclosing
Party's request, shall use commercially reasonable efforts to obtain assurances from the
applicable court or agency that such Confidential Information will be afforded confidential
treatment.
8.3 Nothing in this Agreement shall prevent either party from using any general
methodologies or know-how contained in the unaided memory of such party's developed or
disclosed under this Agreement,provided that in doing so it is not in breach of its obligations of
confidentiality under this Section or using any Intellectual Property Rights of the other party.
9 REPRESENTATIONS AND WARRANTIES
9.1 Each party represents and warrants to the other party that:
(a) it is duly organized, validly existing and in good standing as a corporation
or other entity as represented herein under the laws and regulations of its jurisdiction of
incorporation, organization or chartering;
(b) it has the full right,power and authority to enter into this Agreement,to
grant the rights and licenses granted hereunder and to perform its obligations hereunder;
(c) the execution of this Agreement by its representative whose signature is
set forth at the end hereof has been duly authorized by all necessary corporate action of
the party; and
(d) when executed and delivered by such party,this Agreement will constitute
the legal, valid and binding obligation of such party, enforceable against such party in
accordance with its terms.
9.2 Consultant represents and warrants to Client that:
(a) it shall perform the Services using personnel of required skill, experience
and qualifications and in a professional and workmanlike manner in accordance with
commercially reasonable industry standards for similar services and shall devote
adequate resources to meet its obligations under this Agreement;
(b) it is in compliance with, and shall perform the Services in compliance
with, all applicable Laws;
7
(c) (i)to Consultant's actual knowledge none of the Services and Client's use
thereof infringe or will infringe any registered or issued patent, copyright or trademark of
any third party arising under the Law of the United States, and, (ii)as of the date hereof,
there are no pending or,to Consultant's actual knowledge,threatened claims, litigation or
other proceedings pending against Consultant by any third party based on an alleged
violation of such Intellectual Property Rights, in each case, excluding any infringement or
claim, litigation or other proceedings to the extent arising out of(x) any Client Materials
or any instruction, information, designs, specifications or other materials provided by
Client to Consultant, (y) use of the Services in combination with any materials or
equipment not supplied or specified by Consultant, if the infringement would have been
avoided by the use of the Services not so combined, and(z)any modifications or changes
made to the Services by or on behalf of any Person other than Consultant.
(d) the Services will be in conformity in all material respects with all
requirements or specifications stated in this Agreement for a period of 30 days after
delivery to Client. In the event of Consultant's breach of the foregoing warranty,
Consultant's sole and exclusive obligation and liability and Client's sole and exclusive
remedy shall be as follows:
(i) The Consultant shall use reasonable efforts to cure such breach;
provided, that if Consultant cannot cure such breach within a reasonable time (but
no more than 30 days) after Client's written notice of such breach; Client may, at
its option,terminate the Agreement by serving written notice of termination.
(ii) In the event the Agreement is terminated in accordance with this
agreement, Consultant shall within 30 days after the effective date of termination,
refund to Client any fees paid by the Client as of the date of termination for such
Service less a deduction equal to the fees for receipt or use of such Service up to
and including the date of termination on a pro-rated basis.
(iii) The foregoing remedy shall not be available (A)unless Client
provides written notice of such breach within 60 days after delivery of such
Service to Client or(B)with respect to changes made by any Person other than
Consultant or at Consultant's direction.
9.3 EXCEPT FOR THE EXPRESS WARRANTIES IN THIS 9, (A)EACH PARTY
HEREBY DISCLAIMS ALL WARRANTIES,EITHER EXPRESS, IMPLIED, STATUTORY,
OR OTHERWISE UNDER THIS AGREEMENT,AND (B)CONSULTANT SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,AND FITNESS
FOR A PARTICULAR PURPOSE,TITLE AND NON-INFRINGEMENT.
10 INDEMNIFICATION
10.1 Consultant shall defend, indemnify and hold harmless Client and its officers,
directors, employees,agents, successors and permitted assigns(each, a "Client Indemnitee")
from and against all Losses awarded against a Client Indemnitee in a final judgment arising out
8
of or resulting from any third party claim, suit, action or proceeding (each, an "Action") arising
out of or resulting from:
(a) bodily injury, death of any person or damage to real or tangible,personal
property resulting from the willful,fraudulent or grossly negligent acts or omissions of
Consultant or Consultant Personnel; and
(b) Consultant's material breach of any representation, warranty or obligation
of Consultant set forth in this Agreement.
10.2 Consultant shall defend, indemnify and hold harmless the Client Indemnitees
from and against all Losses awarded against a Client Indemnitee in a final judgment based on a
claim that any of the Services or Client's receipt or use thereof infringes any Intellectual Property
Right of a third party arising under the Laws of the United States;provided, however,that
Consultant shall have no obligations with respect to claims to the extent arising out of:
(a) any Client Materials or any instruction, information,designs,
specifications or other materials provided by Client in writing to Consultant;
(b) use of the Services in combination with any materials or equipment not
supplied to Client or specified by Consultant in writing, if the infringement would have
been avoided by the use of the Services not so combined; or
(c) any modifications or changes made to the Services by or on behalf of any
Person other than Consultant or Consultant Personnel.
10.3 Client shall defend, indemnify and hold harmless Consultant and its officers,
directors, employees, agents, successors and permitted assigns from and against all Losses
arising out of or resulting from any third party Action arising out of or resulting from:
(a) bodily injury, death of any person or damage to real or tangible,personal
property resulting from the grossly negligent or willful acts or omissions of Client;
(b) Client's material breach of any representation,warranty or obligation of
Client in this Agreement; and
10.4 The party seeking indemnification hereunder shall promptly notify the
indemnifying party in writing of any Action and cooperate with the indemnifying party at the
indemnifying party's sole cost and expense. The indemnifying party shall immediately take
control of the defense and investigation of such Action and shall employ counsel of its choice to
handle and defend the same, at the indemnifying party's sole cost and expense. The indemnifying
party shall not settle any Action in a manner that adversely affects the rights of the indemnified
party without the indemnified party's prior written consent. The indemnified party's failure to
perform any obligations shall not relieve the indemnifying party of its obligations except to the
extent that the indemnifying party can demonstrate that it has been materially prejudiced as a
result of such failure. The indemnified party may participate in and observe the proceedings at its
own cost and expense.
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1 1 LIMITATION OF LIABILITY
11.1 EXCEPT AS OTHERWISE PROVIDED IN 11.3, IN NO EVENT WILL
EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY
LOSS OF USE,REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT,EXEMPLARY, SPECIAL OR PUNITIVE
DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT,TORT(INCLUDING
NEGLIGENCE) OR OTHERWISE,REGARDLESS OF WHETHER SUCH DAMAGE WAS
FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
11.2 EXCEPT AS OTHERWISE PROVIDED IN NO EVENT WILL
CONSULTANT'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT,
WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE,EXCEED TWO (2)TIMES THE
AGGREGATE AMOUNTS PAID OR PAYABLE TO CONSULTANT PURSUANT TO THIS
AGREEMENT.
11.3 The exclusions and limitations shall not apply to:
(a) damages or other liabilities arising out of or relating to a party's failure to
comply with its obligations under (Intellectual Property Rights; Ownership);
(b) damages or other liabilities arising out of or relating to a party's failure to
comply with its obligations under (Confidentiality);
(c) a party's indemnification obligations under (Indemnification);
(d) damages or other liabilities arising out of or relating to a party's gross
negligence,willful misconduct or intentional acts;
(e) damages or liabilities to the extent covered by a party's insurance; and
(f) a party's obligation to pay attorneys'fees and court costs in accordance
with 15.5.
12 TERMINATION; EFFECT OF TERMINATION
12.1 Client may terminate this Agreement at any time and without cause upon at least
30 days written notice to Consultant. If Client terminates the Agreement pursuant to this
agreement before the expiration of the then-current Term, Client shall pay the balance of the fees
that would otherwise be due for the remainder of such term absent such termination as liquidated
damages.
12.2 Consultant may terminate this Agreement at any time and without cause upon
thirty(30) days written notice to Client, accompanied by a pro-rated billing statement for all
Services rendered up to the date of the termination notice.
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12.3 Either party may terminate this Agreement, effective upon written notice to the
other party(the "Defaulting Party"), if the Defaulting Party:
(a) materially breaches this Agreement, and such breach is incapable of cure,
or with respect to a material breach capable of cure,the Defaulting Party does not cure
such breach within ten(10)days after receipt of written notice of such breach.
(b) (i) becomes insolvent or admits its inability to pay its debts generally as
they become due; (ii) becomes subject, voluntarily or involuntarily,to any proceeding
under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed
within 10 business days or is not dismissed or vacated within 45 days after filing; (iii) is
dissolved or liquidated or takes any corporate action for such purpose; (iv)makes a
general assignment for the benefit of creditors; or(v) has a receiver,trustee, custodian or
similar agent appointed by order of any court of competent jurisdiction to take charge of
or sell any material portion of its property or business.
12.4 Upon expiration or termination of this Agreement for any reason:
(a) Consultant shall (i)promptly deliver to Client all Client Equipment and all
Client Materials, (ii)promptly remove any Consultant Equipment located at Client's
premises, (iii)provide reasonable cooperation and assistance to Client upon Client's
written request and at Client's expense in transitioning the Services to an alternate
consultant, and (iv) on a pro rata basis,repay all fees and expenses paid in advance for
any Services which have not been provided.
(b) Each party shall (i)return to the other party all documents and tangible
materials (and any copies)containing, reflecting, incorporating or based on the other
party's Confidential Information, (ii)permanently erase all of the other party's
Confidential Information from its computer systems and (iii)certify in writing to the
other party that it has complied with the requirements of this clause.
(c) In no event shall Client be liable for any Consultant Personnel termination
costs arising from the expiration or termination of this Agreement.
13 NON-EXCLUSIVITY
The Consultant retains the right to perform the same or similar type of services for third
parties during the Term of this Agreement.
14 FORCE MAJEURE
14.1 No party shall be liable or responsible to the other party, nor be deemed to have
defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing
any term of this Agreement(except for any obligations to make payments to the other party
hereunder),when and to the extent such failure or delay is caused by or results from acts beyond
the affected party's reasonable control, including, without limitation:
(a) acts of God;
11
(b) flood,fire or explosion;
(c) war, invasion,riot or other civil unrest;
(d) actions, embargoes or blockades in effect on or after the date of this
Agreement;
(e) national or regional emergency;
(f) shortage of adequate power or telecommunications or transportation
facilities;or
(g) any other event which is beyond the reasonable control of such party
(each of the foregoing, a "Force Majeure Event").A party whose performance is affected by a
Force Majeure Event shall give notice to the other party, stating the period of time the
occurrence is expected to continue and shall use diligent efforts to end the failure or delay and
minimize the effects of such Force Majeure Event.
14.2 During the Force Majeure Event, the non-affected party may similarly suspend its
performance obligations until such time as the affected party resumes performance.
14.3 The non-affected party may terminate this Agreement if such failure or delay
continues for a period of 30 days or more and, if the non-affected party is Client,receive a refund
of any amounts paid to the Consultant in advance for the affected Services. Unless this
Agreement is terminated in accordance with this 14.3,the Term of this Agreement shall be
automatically extended by a period equal to the period of suspension.
15 MISCELLANEOUS
15.1 Each party shall, upon the reasonable request of the other party,promptly execute
such documents and perform such acts as may be necessary to give full effect to the terms of this
Agreement.
15.2 The relationship between the parties is that of independent contractors.Nothing
contained in this Agreement shall be construed as creating any agency,partnership,joint venture
or other form of joint enterprise, employment or fiduciary relationship between the parties, and
neither party shall have authority to contract for or bind the other party in any manner
whatsoever.
15.3 Neither party shall issue or release any announcement, statement,press release or
other publicity or marketing materials relating to this Agreement, or otherwise use the other
party's trademarks, service marks,trade names, logos, symbols or brand names, in each case,
without the prior written consent of the other party, which shall not be unreasonably withheld or
delayed.
15.4 All notices, requests, consents, claims, demands,waivers and other
communications hereunder shall be in writing and shall be deemed to have been given(a)when
12
delivered by hand (with written confirmation of receipt); (b)when received by the addressee if
sent by a nationally recognized overnight courier(receipt requested); (c) on the date sent by
facsimile (with confirmation of transmission) if sent during normal business hours of the
recipient, and on the next business day if sent after normal business hours of the recipient or(d)
on the third day after the date mailed, by certified or registered mail, return receipt requested,
postage prepaid. Such communications must be sent to the respective parties at the addresses
indicated below(or at such other address for a party as shall be specified in a notice given in
accordance with this agreement.
If to Consultant: 245 W. 29th Street, Suite 1202
New York,NY 10001
Email:marino@delzottoconsulting.com
Attention: Marino Delzotto
If to Client: Town of Mamaroneck
Town Administrator
740 West Boston Post Road
Mamaroneck,NY 10543
15.5 For purposes of this Agreement, (a)the words "include," "includes" and
"including" shall be deemed to be followed by the words "without limitation"; (b) the word "or"
is not exclusive; and (c)the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to
this Agreement as a whole. Unless the context otherwise requires,references herein: (x)to
Sections, Schedules and Exhibits refer to the Sections of, and Schedules and Exhibits attached to
this Agreement; (y) to an agreement, instrument or other document means such agreement,
instrument or other document as amended, supplemented and modified from time to time to the
extent permitted by the provisions thereof and (z)to a statute means such statute as amended
from time to time and includes any successor legislation thereto and any regulations promulgated
thereunder. This Agreement shall be construed without regard to any presumption or rule
requiring construction or interpretation against the party drafting an instrument or causing any
instrument to be drafted. The Schedules and Exhibits referred to herein shall be construed with,
and as an integral part of, this Agreement to the same extent as if they were set forth verbatim
herein.
15.6 This Agreement, together with all Schedules and Exhibits and any other
documents incorporated herein by reference, constitutes the sole and entire agreement of the
parties to this Agreement with respect to the subject matter contained herein, and supersedes all
prior and contemporaneous understandings and agreements, both written and oral, with respect to
such subject matter. In the event of any conflict between the terms and provisions of this
Agreement and those of any Schedule or Exhibit,the following order of precedence shall govern:
(a)first,this Agreement, exclusive of its Exhibits and Schedules; and (b) second, any Exhibits
and Schedules to this Agreement.
15.7 Neither party may assign,transfer or delegate any or all of its rights or obligations
under this Agreement, without the prior written consent of the other party.No assignment shall
relieve the assigning party of any of its obligations hereunder. Any attempted assignment,
13
transfer or other conveyance in violation of the foregoing shall be null and void. This Agreement
shall be binding upon and shall inure to the benefit of the parties hereto and their respective
successors and permitted assigns.
15.8 This Agreement is for the sole benefit of the parties hereto and their respective
successors and permitted assigns and nothing herein,express or implied, is intended to or shall
confer upon any other Person any legal or equitable right,benefit or remedy of any nature
whatsoever,under or by reason of this Agreement.
15.9 The headings in this Agreement are for reference only and shall not affect the
interpretation of this Agreement.
15.10 This Agreement may only be amended,modified or supplemented by an
agreement in writing signed by each party hereto.No waiver by any party of any of the
provisions hereof shall be effective unless explicitly set forth in writing and signed by the party
so waiving.Except as otherwise set forth in this Agreement, no failure to exercise, or delay in
exercising, any rights,remedy,power or privilege arising from this Agreement shall operate or
be construed as a waiver thereof; nor shall any single or partial exercise of any right,remedy,
power or privilege hereunder preclude any other or further exercise thereof or the exercise of any
other right,remedy,power or privilege.
15.11 If any term or provision of this Agreement is invalid, illegal or unenforceable in
any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or
provision of this Agreement or invalidate or render unenforceable such term or provision in any
other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or
unenforceable,the parties hereto shall negotiate in good faith to modify this Agreement so as to
effect the original intent of the parties as closely as possible in a mutually acceptable manner in
order that the transactions contemplated hereby be consummated as originally contemplated to
the greatest extent possible.
15.12 This Agreement shall be governed by and construed in accordance with the
internal laws of the State of New York without giving effect to any choice or conflict of law
provision or rule (whether of the State of New York or any other jurisdiction)that would cause
the application of Laws of any jurisdiction other than those of the State of New York.Any legal
suit, action or proceeding arising out of or related to this Agreement or the Services provided
hereunder shall be instituted exclusively in the federal courts of the United States or the courts of
the State of New York and County of Westchester and each party irrevocably submits to the
exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process,
summons, notice or other document by mail to such party's address set forth herein shall be
effective service of process for any suit, action or other proceeding brought in any such court.
15.13 EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY
RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS
CONTEMPLATED HEREBY.
14
15.14 Each party acknowledges that a breach by a party of(Intellectual Property Rights;
Ownership)or(Confidentiality)may cause the non-breaching party irreparable damages, for
which an award of damages would not be adequate compensation and agrees that, in the event of
such breach or threatened breach,the non-breaching party will be entitled to seek equitable
relief, including a restraining order, injunctive relief, specific performance and any other relief
that may be available from any court, in addition to any other remedy to which the non-
breaching party may be entitled at law or in equity. Such remedies shall not be deemed to be
exclusive but shall be in addition to all other remedies available at law or in equity, subject to
any express exclusions or limitations in this Agreement to the contrary.
15.15 This Agreement may be executed in counterparts, each of which shall be deemed
an original, but all of which together shall be deemed to be one and the same agreement.A
signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic
transmission shall be deemed to have the same legal effect as delivery of an original signed copy
of this Agreement.
[SIGNATURE PAGE FOLLOWS]
15
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the
date first above written.
DCC INC.
By
Name: Marino Delzotto
Title:
Town Of Mamaroneck
By
Name: Stephen V. Altieri
Title: Town Administrator
SCHEDULE A
SERVICES
Help Desk Support for IT Staff
Server support for existing server(s)
Troubleshooting for computer system(s)
Office 365 Assistance and management
Offsite backup methodology, implementation and function
General administrative functions related to network and computer system
General technology planning and implementation
General firewall management of existing devices
Maintenance quarterly reviews as well as quarterly workstation and server maintenance
Software application updates and maintenance
Antivirus and anti-malware management
Implementation and installation of general monitoring software to alert to potential problems
Network functionality, implementation and connectivity
o�
0 • o Town of Mamaroneck
„ z
= t ` r" Town Center
•FOUNDDEDED 1661 • 740 West Boston Post Road, Mamaroneck, NY 10543-3353
TEL: 914/381-7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
saltieri@townofmamaroneckNY.org
Memorandum
To: Supervisor& Town Board
Re: Authorization —Transfer of Funds - Swim Team Trust Fund
Date: May 11, 2018
It will be necessary for the Town to replace two of the lane lines in the Hommocks pool for
the 2018 summer swim team season. Therefore, a transfer of funds in the amount of
$865.00 is required.
ACTION REQUESTED: THAT THE TOWN BOARD AUTHORIZE A TRANSFER OF FUNDS IN THE
AMOUNT OF $865.00 FROM THE MAMARONECK SWIM TEAM TRUST FUND TO BUDGET
OPERATING EXPENSE LINE A.7180.4161 FOR THE PURCHASE OF TWO NEW LANE LINES FOR THE
HOMMOCKS POOL.
Stephen V. Altieri
Town Administrator
/,
BUDGET AMENDMENT -TRANSFER FROM TRUST FUND TO GENERAL FUND ' 5/16/2018 TOWN BOARD MEETING
GENERAL TOWN WIDE FUND (FUND A):
INCREASE BUDGET:
A.0000.5041 TRANSFERS FROM TRUST FUND $ 865.00
A.7180.4161 SWIM MEETS $ 865.00
* (REPRESENTS USE OF SWIM CLUB TRUST FUND DONATIONS FOR REIMBURSEMENT OF
PURCHASE OF 2 NEW LANE LINES FOR THE 2018 SUMMER SWIM SEASON.)
(Memo from Supt. Of Recreation attached)
* TRUST A/C#T.0000.0033(SWIM CLUB TRUST FUND) $ (865.00)