Board of Estimate & Contract

:la"a,t":' ,, ""- -"a" L-a"aaat'!!aa BOARD OF ESTIMATE & CONTRACT AGENDA FRIDAY, AUGUST 27, 2021 10:30 AM MAYOR'S CONFERENCE ROOM - CITY HALL MOUNT VERNON, NEW YORK & VIA FACEBOOK.COM/MOUNTVERNONNY "SPECIAL" "REVISED" RESOLUTIONS APPROVING ORDINANCES 1. Authorizing the transfer of funds to cover the cost of EPA fines. ($222,000.00) 2. Authorizing the Mayor to enter into an engineering service agreement with Environetics Group Architects, PC for the Armory Senior Center, Doles Recreation Center, the Oak Street Firehouse Station (Station 4), the DPW Yard on Canal Street, and the 6' Avenue Firehouse Station (Station 5). ($95,700.00) SETTING THE RATES 3. Setting the rates for the Law Office of Karl A. Scully to serve as trial counsel in the Matter of Mega Beverage Redemption Center Inc. v. The City of Mount Vernon. DISCUSSION 4. A lease agreement between the City of Mount Vernon and Macquesten Station Takeover LLC to lease 156 Mt. Vernon Avenue/ 20 S. West Street for a temporary fire station  2 7 2021 ,=-,UG SPECIA RESOLVED, that an ordinance adopted by the City Council on August 27, l 2021, and signed by the Mayor on August 27, 2021, authorizing the transfer of fiu'ids to cover the cost of EPA fines from Budget Code A1930.494 (Judgements & Settlements) to the escrow account authorized by tlie Board of Estimate and Contract on August 17, 2021, be and tlie same is hereby approved. APPROVED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT o %<4counse, APPROVED o Dept. C):CL Clerk AU0 2 7 2021 AN ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS TO COVER THE COST OF EPA FINES. WHEREAS, by letter dated August 24, 2021, Mayor Sl'iawyn Patterson- Howard is respect(ully requesting tliat the City Council enact legislation to transf'er $222,000.00 to cover tl'ie cost of EPA fines ordered by tlie Honorable Catliy Siebel for tlie City's inability to COIII})IY witl'i tlie Court's Third Remedial Order concei'iting the DOJ/EPA/DEC consent decree; and WHEREAS, Mayor Sliawyn Patterson-Howard fiuther requested tliat tlie $222,000.00 be transfen-ed from Budget Code A1930.494 (Judgements & Settlements) to tl'ie escrow accorint autliorized by tlie Board of Estimate and Contract on August 17, 2021; NOW, THEREFORE, Tlie City of Mount Veriion, in City Council convened, does liereby ordain and enact: Section 1. The Comptroller is liereby autliorized and directed to transfer tlie sun'i of $222,000.00 to cover tlie cost of EPA fines ordered by the Honoralyle Cathy Seibel for the City's inability to con'iply witli tlie Cotnt's Third Remedial Order Section 2. Funds for tlie aforesaid of O sliall be transfen-edby tl'ie Comptroller from Budget Code A1930.494 (Judgements & Settlements) to the escrow account autliorized by the Board of Estimate and Contract 011August 17, 2021 Section 3. Tliis ordinance shall take effect ripon its approval by the Board of Estimate and Contract. Councilperson .4THIS ORDINANCE APPROVED AS TO FORM cti "C} ]=is&,o=< 'l X President { l 'l 1 !i, c (O ATTEST: ' o ,// ai Q o o o 7 ci6 cieFb o uf,P'2'!Jx APPROVED Dept. By .=-' Mayor AU0 2 7 2021 SPECIAL RESOLVED, that an ordinance adopted by the City Council on August 27, 2021 and signed by the Mayor on August 27, 2021, autl'iorizing the Mayor to enter into an 02 engineering service agreement with Environetics Group Architects, PC for the At-lnory Senior Center, Doles Recreation Center, the Oak Street Firehouse Station (Station 4), tlie DPW Yard on Canal Street, and the 6t" Avenue Firehouse Station (Station 5), funds for wliich sliall come from the Ai'neiican Rescue Plan Act (ARPA) Funds in Budget Code A9900.001, be and the same is liereby approved. APPROVED AS TO FORM ADOPTED BY o BOARD OF ESTIMATE AND CONTRACT c o t/) CL Ziis4XLnsei o o 6I APPROVED Dept. Clerk AU0 2 7 2021 AU0 2 7 202 Section intl'ieamount 2.Fundsfortlieaforesaid 6f'55G,950.09tb available from tl'ie An'iei-ican Rescue Plan Act (ARPA) Funds in Budget Code A9900.001. Section 3. Tl'iis ordinaiice sliall take effect upon its approval by the Board of Estimate and Contract. Councllperson APPROVED AS TO FORM (v7 Assistant CoPration Counsel l ATTEST: / o c [ y..: ,J, o CL APPROVED Dept. AU6 l / Ilill ,,,t'aEClA WHEREAS, pursuant to Section 153 of the Cliarter of the City of Mount Vemon, tlie Corporation Counsel, witli tlie wiitten consent of the Mayor, may employ counsel at sucli compensation as may be agreed upon by the Board of Estimate and Contract in tl'ie conduct of proceedings in which tlie City is a party; and WHEREAS, by letter dated August 27, 2021, tlie Corporation Counsel l'ias recommended tliat tliis Board retain tlie Law Office of Karl A. S cully as trial counsel Mega Beverage Redemption Center Inc. v. The City of Mount Vernon, Index No. 63251/2016 for tlie general litigation for tl'ie City of Mount Vex-non; NOW THEREFORE, be it RESOLVED, tliat tlie Law Office of Karl A. Scully be retained at tl'ie fin'n's hourly rate of $350.00 an liour, $100.00 an liour for legal assistants, law clerks, and paraprofessionals. Reimbursement is also requested for the ordinaty and customary expenses, sucl'i as transciipt costs, filing fees, reporters, etc. Any unusual expenses, sucli as expert fees, travel, etc., will be discussed and pre- approved by the City before tliey are incurred; and be it fiirther RESOLVED, tliat funds will be made available in Budget Code A1420.405 (Contract Legal Services). Law Department 2021 Budget: and be itfurtl'ier RESOLVED, tliat this resolution shall take effect immediately. o APPROVED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT C: o C/) a o co tu ,7""a=-.kce C( o o 5I APPROVED a)(t Dept. Clerk