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HomeMy WebLinkAbout2021_01_20 Town Board Meeting Packet W T 0 •F 7C FOUNDED 1661• TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, January 20, 2021 7:00PM CALL TO ORDER - Members of the public are able to view the meeting on cable access television (Optimum 75, 76 & 77 or Verizon Fios 34, 35 & 36) or on https://Imcmedia.org/or via Zoom. Please copy and paste the link below to join the webinar: https://us02web.zoom.us/j/89712338361?pwd=MkNVZHAvOWpOREpDVzFNTWVPN kVEZzO9 Passcode: 382649. During a public hearing or the citizen's comment section, residents may "raise their hand" in Zoom to be granted access to speak directly to the Town Board. Those who are viewing the meeting on local municipal access television of LMC Media's website may submit their comments or questions to publicqc@townofmamaroneckny.org PUBLIC HEARING 1. Update of the Solid Waste Law SWEARING IN -TOWN OF MAMARONECK FIRE CHIEFS 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 - "My Senior Software" Program 2. Authorization - Memorandum of Understanding - NYPA Solar Agreement 3. Set Public Hearing - Stop Sign - Maxwell Avenue/Madison Avenue 4. Authorization -Amendment Love Your Food Grant Program REPORT OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING - FEBRUARY 3, 2021 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 1 of 23 LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York,and further pursuant to Executive Order No. 202.1 Suspension of Article 7 Public Officers Law,a Public Hearing will be held with the Village of Larchmont, on Wednesday, January 20,2021 at 7:00 PM or as soon thereafter as is possible,to consider the"Update of the Solid Waste"Law,telephonically from the Town Center,740 W.Boston Post Road,Mamaroneck,New York. Join the Zoom webinar meeting via the link provided on the Meeting Agenda and on the Town Board meeting notice issued prior to the meeting,both of which are located on the Town's website. The public may comment by writing to pubiictic@townofmamaroneckny.org while viewing from LMC Media's website https://lmcmedia.org/ or local municipal access television (Cablevision (Optimum) 75, 76,77 or Verizon(Floe)34,35,36)or by participating in the Zoom webinar and utilizing the"raise your hand"feature. Purpose: The Town of Mamaroneck's Solid Waste law has not been amended since 1997. The Town Board wishes to update the law and to add certain new features such as modernizing the types and sizes of containers to be used by persons disposing of solid waste and changing the collection procedures to curbside collection. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381.7870,for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Page 2 of 23 1.oeallaw No. -2021 This local law shall be known as the"Update of the Solid Waste"Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose; The Town of Mamaroneck's Solid Waste law has not been amended since I997. The Town Board wishes to update the law and to add certain new features such as modernizing the types and sizes of containers to be used by persons disposing of solid waste and changing the collection procedures to curbside collection. Section 2—Amendment of a current section of the Mamaroneck.Code: The definition of PRIVATE DWELLING in section 183-2 of the Code of the Town of Mamaroneck hereby is amended to read as follows: "PRIVATE DWELLING A building containing only one or two dwelling units." The definition of RECYCLABLES in section 183-2 of the Code of the Town of Mamaroneck hereby is amended to read as follows: "RECYCLABLES Such items as may be determined to be such from time to time by the Commission and may include such items as cardboard,paper,newspaper,glass,metals and plastics." Section 4—Amendment of a current section of the Mamaroneck Code: Sections 183.3 A.,B.and C. of the Code of the Town of Mamaroneck hereby are repealed and the following are substituted in their place: "A. Every person in charge within the Town of Mamaroneck is required to store the solid waste that may accumulate on the premises over which he/she has charge in the type of solid waste container required by this law.All containers shall be stored in the manner required by the Town of Mamaroneck or the Commission. "B. Unless otherwise determined by the Town of Mamaroneck or the Commission,solid waste to be collected from private dwellings shall be placed in watertight, sturdy plastic containers, having tight-fitting plastic covers and a capacity not greater than 64 gallons. The Page 3 of 23 weight of any such container plus its contents cannot exceed 100 pounds.No portion of any such container shall be located below the surrounding grade level.Solid waste shall not be placed out in plastic bags. Material which is too large to be placed in containers shall be bundled and securely tied. Such bundles shall not exceed four feet in length. Any tree branches included in such bundles shall not exceed six inches in diameter. No container or bundle shall exceed 75 pounds in weight. "C. The Commission or the Town of Mamaroneck may require multifamily dwellings, multiple-purpose buildings or nonresidential buildings to use watertight, sturdy plastic containers,having tight-fitting plastic covers and a capacity not greater than 96 gallons,or specific metal containers,such as dumpsters. Such containers shall be located in enclosures which shall screen them from view.Such enclosures: (I) Shall be constructed of stockade fence material with hinged gates and with latches to hold the gates closed; (2) May be constructed of other material with the approval of the Town of Mamaroneck Board of Architectural Review;and (3) Shall have a height of the greater of five feet or 12 inches higher than the containers which they enclose." • —: s . 6 . Si I I „ u II. • Sections 183-3 F.of the Code of the Town of Mamaroneck hereby is repealed. Section 6—Amendment of a current section of the Mamaroneck Code: Section 183-4(B)(I),(3)and(4)of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: "(I) Solid waste to be collected from private dwellings shall be placed immediately adjacent to the curb in front of the dwelling. It shall be placed to the house side of the curb,not in the street. If there is no curb,it shall be placed on the edge of the property adjacent to the paved area of the street,but not in the street. Solid waste shall be set out for collection no earlier than dusk of the day before a scheduled collection day and no later than 6:30 am(prevailing time)on a scheduled collection day." "(3) Other material collected by the Commission or the Town of Mamaroneck shall be placed on the curb(or if no curb,on the edge of the property adjacent to the paved arca of the street or roadway,but not in the street or roadway)readily accessible to the collection vehicle. Such material shall be set out for collection no earlier than dusk of the day before a scheduled collection day and no later than 6:30 am (prevailing time) on a scheduled collection day. If 2 Page 4 of 23 collection vehicles are required to enter private property for collection of material,such entry will be at the sole risk of the property owner." "(4)Recyclables shall be placed in containers purchased from the Commission or in other containers approved by the Commission.The containers shall be placed to the building side of the curb,not in the street. If there is no curb,they shall be placed on the edge of the property adjacent to the paved area of the street,but not in the street. Recyclables shall be set out for collection no earlier than dusk of the day before a scheduled collection day and no later than 6:30 am (prevailing timc)on a scheduled collection day." Section 7-Repeal of a current section of the Mamaroneck Code: Sections 183-4 B.(6)of the Code of the Town of Mamaroneck hereby is repealed. Section 183-11 A.(1)of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in their place: "(1)The equivalent of no more than three sixty-four-gallon containers of solid waste shall be collected from each private dwelling each collection day." Section 9-Amendment of a current section of the Mamaroneck Section 183-13 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in their place: If a person in charge of a private dwelling satisfies the criteria for exemptions from the requirements of Section 183-4(B)(1),(3)or(4)of this chapter,as set forth from time to time by the Commissioners of the Larchmont-Mamaroneck Joint Garbage Disposal Commission, the Superintendent shall grant such exemption upon such terms and conditions as may be considered just. Any such exemption must be renewed every two(2)years. Sestina 10-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. 3 Page 5 of 23 lection 11—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. December 31,2020 Rev:January 6,2021 4 Page 6 of 23 Town of Mamaroneck From: Tracy Yogman-Town Comptroller Re: Fire Claims Date: January 20, 2021 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount AAA Emergency Supply Co. Scott EPIC Voice Amp repair,Air Pak repair,Annual POSI Testing $ 7,503.43 Portable Generator,Bldg&Grounds Supplies,Handouts for Safety Event, Amazon Uniform for Career Staff 1,651.17 Amazon Uniform Shirts L&XL 61.98 Amazon Humidifier cleaner&filter,chair,Network Switch&Access Point 1,131.82 Amazon TV&Mount for Security Sys.,Humidifier cleaner&filter 299.37 Amazon Bathroom Vanity Cabinets for Career Staff,Fire Safety handouts 1,473.08 Optimum Cable Services for 12/23/20-1/22/21 271.06 Glatfelter Specialty Benefits Basic Life Premium,Covered Activity&Pro-Rated Basic Life Premium 4,984.56 Galls,LLC Low cut socks,survivor light 147.47 Grainger Broom handles,batteries for Scott Paks 44.20 Ready Refresh Water Cooler rental&paper fee 11/19-12/18/20 137.96 Town of Mam'k Fire Dept Three Minitor V Pagers,Minitor V Pagers&chargers 352.99 UniFirst Corp Cleaning Supplies 1/8/2021 90.84 W3WW 205 Weaver ST Charges 11/24-12/22/20 86.84 Total $ 18,236.77 Page 7 of 23 OTHER FIRE DEPARTMENT BUSINESS THIS ITEM HAS NO ATTACHMENT Page 9 of 23 From: Danoy,Anna Sent: Monday,January 11,2021 12:11 PM To: Altieri,Stephen;Maker Jr.,William Cc: Shyam Pandya;Ferris,Gayle Subject: Agenda Item- My Senior Center software purchase Attachments: MySeniorCenter Proposal - Mamaroneck 01112021.pdf I would like to add the purchase of the My Senior Center Proposal to the Town Board agenda.Attached is the contract proposal for My Senior Center. This link to their website has more information https://myseniorcenter.com/ The software is an electronic database that will assist seniors and staff to maintain membership,pay dues,sign up for various classes and programs,etc. Each senior will receive an ID badge,similar to the ones staff uses to get in and out of the building. Their badge is scanned and instantly the senior and the staff can see what activities are happening,if there is a fee,if they have paid membership dues,etc. There is an annual fee after the first year of$2,100 to update and maintain the system. Anna Danoy, MA Director of Community Services, Senior Citizen Programs and Housing Choice Voucher Program 740 W.Boston Post Road,Rm.110 Mamaroneck,NY 10543 Phone: (914)381-784o Fax: (914)294-6549 www.townofmamaroneckny.org Page 10 Xavus Solutions mpseniorcenter PO Box 55071#30713 XAVUS SMUT IONS Boston,MA 02205-5071 5088344113 tina@myseniorcenter.com Quote ADDRESS SHIP TO QUOTE# s-090917-8916 Anna Danoy Mamaroneck Senior Center DATE 01/112021 Town of Mamaroneck 1288 Boston Post Road 740 W.Boston Post Road Larchmont,NY 10538 Rm.110 Mamaroneck,NY 10543 ACTIVITY OTY RATE AMOUNT MySeniorCenter System Configuration with All in One Computer/Touchscreen and 1 10,000.00 10,000.00 MySeniorCenter Management System and MySeniorCenter Touchscreen application. Includes one omni-directional scanner,one webcam.and 900 standard MySeniorCenter keytags. MySeniorCenter Swipe Station All-in-One-Includes MySeniorCenter Touchscreen 1 4.500.00 4,500.00 Application,Omni-directional scanner and cable Upgrade initial 900 Standard keytags to color customized keytags 1 450.00 450.00 Complimentary Voice Connect PREMIUM upgrade;normally$300 per year- 1 0.00 0.00 PROMO:2nd swipe Web-based training and remote configuration 1 750.00 750.00 Shipping and handling 1 220.00 220.00 Discount-DANOY 1 -1,420.00 -1,420.00 1 0.00 0.00 Annual maintenance fee in subsequent years for the configuration listed above is $2100 beginning in year 2.Any changes to the configuration listed above may increase the annual maintenance fee.Maintenance includes updates to the software,access to technical support.nightly database backups and periodic web- based refresher training. Please sign and fax back to 508-834-4125(or scan/email to TOTAL $14,500.00 00.00 tina@myseniorcenter.com). 'F J Accepted By Accepted Date All prices are in USD unless otherwise stated. Page 11 of 23 ?ii)'seniorcenter by senior centers,fa senior center Mamaroneck Senior Center Quote#:s-090917-6916 Page 1 of 3 Xavus Solutions LLC PURCHASE and LICENSE TERMS The following are Xavus Solutions LLC's,terms and conditions of sale and license for hardware and software products.(Products): GOVERNING TERMS The purchase is subject solely to these Terms and those on the Quote or Estimate that accompanies this contract No other terms and conditions in addition to,or in conflict with these Terms not separately and specifically executed by both parties as an amendment to these terms shall apply ORDERS All orders must be in the form of a valid, unexpired Xavus Solutions LLC Purchase Agreement or Quote signed by Customer and must,a)state the Xavus Solutions LLC part numbers,descriptions and quantities of products purchased b)state the Xavus Solutions LLC quotation number,quotation date and expiration date and that the order is placed pursuant to the terms and conditions of the Xavus Solutions LLC Purchase Agreement, or words of similar effect. (Orders for software customization or Xavus Solutions LLC installation services,must also reference the Xavus Solutions LLC's Statement of Work or Quote for such services)c)be signed by an authorized representative of Customer d)include an initialed or signed Xavus Solutions LLC Purchase and License Terms(this document);Xavus Solutions LLC may reject any non-conforming Order.If Customer organization requires issuance of a Purchase Order in order to process an invoice for payment, then for an Order to be valid it must also include a completed Purchase Order signed by an authorized representative of Customer,stating the terms shown on the Xavus Solutions LLC Purchase Agreement,or words of similar effect. PRICES All prices are in United States Dollars. TAXES,FEES,AND OTHER Prices do not include any export fees,duties,OST,Sales, ISO,excise,ad valorem,property.withholding from source income or other taxes of any nature,or other taxes or fees applicable to the sale,use,license,or delivery of the equipment, software or services supplied,all of which are the responsibility of Customer.Incidental IT professional services incurred by the Customer in preparing for the installation of the MySeniorCenter system are outside the scope of this contract and are the responsibility of the Customer. DELIVERY Equipment sold and software licensed are delivered from Xavus Solutions LLC's manufacturing facility. Shipping fees are listed as a separate line item on the estimate and invoice ACCEPTANCE of products delivered and services performed shall be upon delivery unless otherwise agreed. Customer shall provide Xavus Solutions LLC written notice of delivery and acceptance MAINTENANCE AND SUPPORT beyond the initial 12-month period shall be available at customer's option.Maintenance and Support fee is$2,100.00 per year beginning 12 months from the initial purchase date and due annually on the anniversary of the purchase date Maintenance and Support for the first 12 months is included unless otherwise specified.Changes to the configuration described on the accompanying estimate may increase the cost of the annual maintenance Any increases will be clearly specified on future quotes. Current Maintenance entitles Customer to: technical support (via telephone, email, and web); generally available product updates; database back-up services;and periodic web-based refresher training(open to customers only). Hardware components are not covered as part of the Xavus Maintenance and Support.Hardware is covered by the manufacturer of the components for the duration of the manufacturer's warranty period.Xavus Solutions requires a 45-day notice of the customer's intent to cancel Maintenance and Support.Customers that cancel maintenance retain ownership of any hardware components but no longer have access to hosted software All data will be returned at the conclusion of the final Maintenance period Customers electing to renew after their expiration date may be subject to a reactivation fee LICENSES,PERMITS AND EXPORT CONTROL Customer will comply fully with the export control laws and regulations of the United States Government and will indemnify Xavus Solutions LLC for any claims or penalties incurred as a result of any violation of applicable United States laws or regulations LIMITED WARRANTY AND DISCLAIMER OF WARRANTY Xavus Solutions does not warranty third party hardware and software and such items are subject to their manufacturers'warranty Xavus will coordinate its customer's claims for warranty service and support on Xavus Solutions LLC supplied third party products with the manufacturer.Manufacturers'warranty is 1(ONE)year from date of purchase. Xavus Solutions LLC Software is warranted to substantially conform to Xavus Solutions LLC's specifications in effect as of the date of shipment under normal use for a period of ninety(90)days from the date of shipment Xavus Solutions LLC's sole obligation under this warranty, in the event of a non-conformance occurring and reported to Xavus Solutions LLC's service department within the warranty period.,is to provide bug fixes,patches,or work-around by access to download or other appropriate method.Xavus Solutions LLC does not warrant that use of the software will be uninterrupted or error free. Xavus Solutions LLC warrants that services,if any,will be performed with reasonable skill and care and will conform to any agreed to Statement of Work.(SOW) Xavus Solutions LLC's entire obligation for defects in services reported to Xavus Solutions LLC within ten (10)days from completion shall be to perform or re-perform the services. Xavus Solutions LLC*P0 Box 55071 #30713 Boston,MA 02205-5071 •508-61 3-2289'www.myseniortenter.tom Page 12 of 23 i iyseniorcenter by senior centers,for senior censers Mamaroneck Senior Center Quote#:s-090917-6916 Page 2 of 3 The foregoing hardware,software and services warranties do not extend to defects or nonconformities from abuse,acts of God,improper use,installation modifications.or unauthorized maintenance. THE FOREGOING WARRANTIES REPRESENT XAVUS SOLUTIONS LLC's SOLE OBLIGATION AND CUSTOMER'S SOLE REMEDY FOR NON-CONFORMANCES THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCULUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE The terms and limitations of this warranty represent bargained for provisions agreed to in return for pricing and other terms. SOFTWARE LICENSE AGREEMENT Xavus Solutions LLC retains all title and ownership of all software, including software customization and software developed for a particular Customer,as well as included firmware Custom developments shall not be deemed works for hire All Software is provided to Customer only under the following license terms. Upon payment of the applicable license fee Xavus Solutions LLC grants to the Customer an indivisible,nonexclusive and non-transferable license,without right to sublicense,in the software and firmware,including patches updates and upgrades for its own internal business purposes on the hardware with which the software and firmware is first supplied. Licensee may only copy the software as reasonably necessary for operation and archival purposes and shall reproduce all proprietary and copyright notices of Xavus Solutions LLC or its licensor which appear. Licensee shall not cause or permit any merger of the software with other computer program material to form a derivative work or otherwise make changes to the software or alter the software in any manner whatsoever and will not attempt or allow any decompilation or reverse assembly of all or any portion of the software.Licensee agrees not to rent or lease the software and that the software is and shall remain the property of Xavus Solutions LLC or its licensors This License is terminable in the event of a breach by Customer that is not corrected within fifteen(15)days after notice.Xavus Solutions LLC'licensors shall be entitled to directly enforce the provisions of this software license to the extent a breach relates to such third party software Upon license termination the Licensee shall return the software and all copies to Xavus Solutions LLC or upon Xavus Solutions LLC's instructions.destroy the software and all copies and provide to Xavus Solutions LLC a certificate of destruction signed by an officer of Licensee FORCE MAJEURE Neither party shall be liable for any loss or damage due to fa,ure or delay arising out of any cause beyond the control,in the exercise of due diligence or without the fault or negligence of such party PAYMENT TERMS A 50%deposit is required and the balance is due upon installation Timely payment by Customer to Xavus Solutions LLC at its principal place of business of all sums due hereunder is a material element hereof. Xavus Solutions LLC may charge the Customer 1 5%interest per month or part on any past due amounts Customer shall reimburse Xavus Solutions LLC for all reasonable expenses of collection including attorney's fees ASSIGNMENT Neither party may assign its rights or obligations hereunder without the other party's consent,which consent shall not be unreasonably withheld APPLICABLE LAW These terms shall be governed by the laws of the Commonwealth of Massachusetts.The United Nations Convention for the Sale of Goods shall not apply to any transactions hereunder. CANCELLATION SCHEDULE Orders accepted by Xavus Solutions LLC are non-cancelable, non-returnable and nonrefundable. All advance payments for delivered products and services are non-refundable Orders may be rescheduled a single time,no later than 30 days prior to scheduled ship date,for up to forty-five(45)days without charge. PATENT INFRINGEMENT Xavus Solutions LLC, agrees at its expense, to defend Customer in any suit, claim or proceeding brought against Customer alleging that any equipment or software furnished hereunder directly infringed any U.S.Letters Patent or U.S.copyright, provided Xavus Solutions is promptly notified of any actual or threatened claim,is given all reasonable assistance requited,and is given sole control over the defense or settlement of the claim,at Xavus Solutions LLC expense.Xavus Solutions LLC agrees to pay any final judgment rendered in such suit should the use of any equipment or software be enjoined,or in the event that Xavus Solutions LLC desires: to minimize its liability hereunder,Xavus Solutions LLC may fulfill its obligations hereunder by,either substituting fully equivalent non- infringing items.or modifying the infringing item so that it no longer infringes, or by obtaining for Customer,at the expense of Xavus Solutions LLC,the right to continue use of such item.The foregoing states the entire liability of Xavus Solutions for patent or copyright infringement or for any breach of warranty of non-infringing,express or implied The foregoing indemnity shall not apply to any equipment or software made to the specification or design of Customer or to claims based upon the combination of any equipment or software purchased pursuant to this contract with products or software supplied by Customer or others LIMITATION OF LIABILITY XAVUS SOLUTIONS LLC SHALL NOT BE LIABLE FOR BUSINESS INTERRUPTION,LOSS OF DATA, PROFITS OR REVENUE,OR SPECIAL.IN-DIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE AND FROM Xavus Solutions LLC•PO Box 55071 #30713 Boston,MA 02205-5071 •508-613-2289•www.mvseniortenter.com Page 13 of 23 iiiyseniorcenter by senior centers.for senior centers Mamaroneck Senior Center Quote#:s-090917-6916 Page 3 of 3 ANY CAUSE WHETHER BASED IN CONTRACT,TORT(INCLUDING NEGLIGENCE)OR OTHER.LEGAL THEORY,EVEN IF XAVUS SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL XAVUS SOLUTIONS LLC BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE PRICE PAID FOR THE EQUIPMENT. SOFTWARE AND SERVICES PROVIDED HEREUNDER DEFAULT In the event Customer defaults or breaches under the Contract as formed,in addition to all other remedies available to Xavus Solutions LLC at law or equity,Xavus Solutions LLC shall be entitled to recover attorney's fees and costs. NONDISCLOSURE Each Party shall treat as confidential all Confidential Information of the other Party,shall not use such Confidential Information except as set forth herein,and shall not disclose such Confidential Information to any third party.Examples of Xavus Solutions LLC s Confidential Information include,but are not limited to.product design,marketing plans and pricing Examples of CUSTOMER's Confidential Information include,but are not limited to,client data that Xavus may encounter in the course of normal customer support operations.This obligation of confidentiality shall remain in effect for three(3)years after the disclosure.Each Party shall promptly notify the other Party of any actual or suspected misuse or unauthorized disclosure of the other Party's Confidential Information U.S.GOVERNMENT RESTRICTED RIGHTS NOTICE Distnbution and use of products including computer programs and any related documentation and derivative works thereof,to and by the United States Government,are subject to the Restricted Rights provisions of FAR 52 227-19,paragraph(c)(2)as applicable,except for purchases by agencies of the Department of Defense(DOD) If the Software is acquired under the terms of a Department of Defense or civilian agency contract,the Software"commercial item"as that term is defined at 48 C.F R.2.101(Oct. 1995),consisting of-commercial computer software and"commercial computer software documentation"as such terms are used in 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors and 48 C F.R 227 7202-1 through 227 7202- 4(June 1995)of the DoD FAR Supplement and its successors. All U.S. Government end users acquire the Software with only those rights set forth in this Agreement Manufacturer is Xavus Solutions LLC,Boston,MA VALIDITY Should any provision of these terms be found illegal or unenforceable in any respect.such illegality or unenforceability shall not affect the validity any other provision of this terms. ARBITRATION Any dispute arising in respect of those terms shall be referred to arbitration conducted in Boston,MA under the rules of the American Arbitration Association The award rendered in such arbitration will be final and binding and may be enforced in any court of competent jurisdiction. Each party shall bear its own costs incurred in the arbitration action. Notwithstanding the provisions of this section, any party may seek injunctive relief in any court of competent jurisdiction in order to protect its proprietary and confidential information and to enforce or obtain compliance with the scope of rights and licenses granted under these terms without first submitting, such claim to arbitration Quote#'s-090917-6916 Town of Mamaroneck Mamaroneck Senior Center Anna Danoy 740 W.Boston Post Road;Room 110 Mamaroneck,NY 10543 Customer Signature Customer Title: Date Sales Tax Exempt# (required if applicable) Please also attach or mail a copy of Sales Tax Exempt Certificate Xavus Solutions LLC•PO Box 55071 #30713 Boston,MA 02205-5071 •508-613-2289•www.myseniorcenter.com Page 14 of 23 THIS ITEM IS LOCATED IN THE WORKSES SION SECTION Authorization - Memorandum of Understanding - NYPA Solar Agreement Page 16 of 23 O 9 • 2 Town of Mamaroneck m Town Center S n 740 West Boston Post Road,Mamaroneck,NY 10543-3353 .f00Y0[0,, • OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810 FAX 914-381-7809 svaltieri@townofmamaroneckny.org www.townofmamaroneckny.org Memorandum To: Supervisor and Town Board Re: Set Public Hearing- Stop Sign Maxwell Avenue at Madison Avenue Date: January 15, 2021 Attached is a proposed local law to install a Stop Sign on Maxwell Avenue where it intersects with Madison Avenue. For reasons that are unknown, there has never been a sign at that intersection. One reason may have been that before the construction of the Cambium the only traffic exiting Maxwell Avenue would have come from the Town yard. With the construction of the Cambium there is noticeably more traffic on Maxwell Avenue, hence the need for the Stop Sign. I have communicated with the Chair of the Traffic Committee and we have agreed that the circumstances warrant the need for the sign. However, a formal recommendation from the Traffic Committee is not necessary. ACTION REQUESTED; THAT THE TOWN BOARD SET A PUBLIC HEARING FOR FEBRUARY 3, 2021 TO CONSIDER THE INSTALLATION OF A STOP SIGN ON MAXWELL AVENUE AT THE INTERSECTION OF MADISON AVENUE. Stephen V. Altieri Town Administrator m s Page 17 of 23 Local Law No. -2021 This local law shall be known as the"Addition of Stop Sign on Maxwell Avenue"Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: The Town Board finds that for safety purposes, traffic should be required to come to a complete stop at the point where Maxwell Avenue terminates at Madison Avenue. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-11 of the Code of the Town of Mamaroneck hereby is amended to insert the following in the proper alphabetical order Stop sign on Direction of travel At intersection of Maxwell Avenue East Madison Avenue Section 3—Sign(s)to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on Maxwell Avenue indicating where a motor vehicle is required to come to a complete stop. Section 4—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 5—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. January 15,2021 Page 18 of 23 O< v oo Town of Mamaroneck Town Center ` = n 740 West Boston Post Road,Mamaroneck,NY 10543-3353 TEL:(914)381-8462 OFFICE OF THE TOWN ADMINISTRATOR FAX:(914)381-7809 lluft@townofmamaroneckny.org TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor Town Board Members FROM: Lindsey M. Luft, Assistant to the Town Administrator DATE: January 15, 2021 SUBJECT: Love Your Food-Communications Consultant Update As discussed at the November 9, 2020 work session, the Department of Environmental Conservation (DEC) approved amendments to the original scope of work for the Love Your Food grant initiative. One of the amendments is to produce a video on how and why to use a food scrap recycling kit.This initiative will aid in educational community outreach. The Love Your Food communications consultant, Fleur Creative Strategies (Fleur), is responsible for co-producing the video, along with LMC Media. Fleur will develop the script and oversee content editing. In addition to the new video, the amended consulting agreement includes funds to further recognize the content editing and script writing that is involved in the production of the Public Service Announcements in the initial agreement. The amended agreement will add two thousand five hundred fifty and no/ths ($2,550) dollars to the consulting agreement. Page 19 of 23 Amended Consulting Agreement This agreement entered into on ,2021 between Tamar Hurwitz Fleming and Drew Fleming with offices at 82 Jersey Street,San Francisco,CA 94114(Consultant) and the Town of Mamaroneck, a municipal corporation with offices located at 740 West Boston post Road,Mamaroneck,New York 10543(Town). Recitals Whereas,the Town received a grant from the State of New York to conduct a Municipal Food Scraps Reduction,Food Donation and Food Scraps Recycling Program(Program),and Whereas, for the success of the Program, the Town engaged the Consultant by a Consulting Agreement dated July 22,2019 as its communications specialist to aid it in identifying the mission and goals of the Program and in developing a strategy for communicating such mission and goals to the targeted audience and to other stakeholders, such as the school consultant,the chef consultant and designated community members,and Whereas, in light of the coronavirus pandemic, the Town received approval for an amended scope of the project,and Whereas,the amended scope of the Program calls for the Consultant to supply additional services and therefore the Consultant is entitled to additional compensation. Now,therefore,intending to be bound,the parties agree to the following: 1. The Consulting Agreement dated July 22,2019 hereby is rescinded and replaced by the Amendment. 2. In consultation with the Town and the persons administering the grant,the Consultant shall: Page 20 of 23 (a) prepare comprehensive outreach materials,including development of content and shaping of messaging to educate and engage community stakeholders,as identified more fully below, (b) develop a slogan or other visual message that will be immediately identifiable with the goals of the Program, (c) design a logo for the Program, (d) develop a single webpage that will convey Program-related content and also include:a calendar of municipal events;and school programming;statistics on local food waste recycling efforts and national statistics on wasted food;and "how-tos" and tips on preventing wasted food (such as, but not limited to, recipes, storage tips, and links to informational websites). The webpage will link to the websites of the Town of Mamaroneck,the Village of Larchmont,the Village of Mamaroneck,the Mamaroneck School District,and the Larchmont- Mamaroneck Joint Sanitation Commission. The webpage will be updated quarterly throughout the contract, with content provided by the communications consultant in collaboration with grant managers. The calendar of events will be updated by the Town, (e) text for the Town of Mamaroneck's e-newsletter (one-time text for Fall 2019 and Spring 2022;twice-yearly for 2020 and 2021)conveying status updates for the Program and refreshers on the "whys and how-tos" of wasted food reduction, 2 Page 21 of 23 (f) a one page of content for the twice annual print newsletter mailed by the Town Supervisor to residents. The Fall 2019 material will include (i) the announcement of the grant award; (ii) the relevance of the grant to climate change on the macro level; (iii) shifting the imbalance between wasted food and food scarcity for food insecure residents in our community;(iii)how-tos on wasted food reduction; and (iv) the local food scrap composting options. Subsequent material will include Program status updates and refreshers on the way and "how-to" of wasted food reduction, composting and other related information, (g) a flyer template which can be revised for programs throughout the contract period, (h) brochures,similar in content to the e-newsletter and printed newsletter insert, to be distributed at the farmers' markets and at community venues(such as village and town halls and libraries), (i) prepare the script and co-produce content for public service announcements which will be produced in conjunction with LMC Media and available for viewing on local cable television and other modes of social media,and (j) digital and print outreach materials to include basic information on (1) the impact of wasted food on climate change, (2) simultaneous waste of natural resources and energy, (3) economic waste, (4)strategies for reducing wasted food,(5)food shopping strategies,(6)recipes to prevent wasted food,(7)food donation, (8) composting, and (9) reporting on programming relating to the 3 Page 22 of 23 Program such as the (a) teacher training, (b) curriculum development, (c) student field trips to Greenburgh Nature Center to learn about the connection between wasted food and climate change, (d) chef demonstrations, and (e) other relevant information, (k) develop script for a"Hot to Use a Food Waste Recycling Kit"video and co- produce in conjunction with LMC Media. 3. The Consultant shall complete the above services by no later than June 4,2022. 4. For these services, the Town will pay the Consultant the total sum of thirty-five thousand fifty and no/ths ($35,050.00) dollars in installments commensurate with the work performed. Tamar Hurwitz Fleming Drew Fleming Town of Mamaroneck By: Stephen V.Altieri,Town Administrator January 15,2021 4 Page 23 of 23