Board of Estimate & Contract

BOARD OF ESTIMATE & CONTRACT AGENDA TUESDAY, FEBRUARY 15, 2022 4:00 PM MAYOR'S CONFERENCE ROOM - CITY HALL MOUNT VERNON, NEW YORK & VIA FACEBOOK.COM/MOUNTVERNONNY RESOLUTIONS APPROVING ORDINANCES 1. Ainendment to the City of Mount Vernon Administrative Code Part II, General Legislation entitled "Chapter 126. Fees and Deposits" by adding anotlier aiticle, entitled "Article VI. Sewer and Refuse Sustainability Fees." 2. Authorizing the Mayor to accept a grant award from the NYS Office of Children and Family Services ($89,200.00 - Safe Haven). 3. Authorizing the Mayor to accept a grant award from the NYS Office of Children and Family Services ($122,700.00 - S.T.R.O.N.G. program). 4. Autliorizing the Fire Department to accept one (1) fire safety vehicle. 5. Autliorizing the Police Department to purchase five (5) used police vehicles. 6. Authorizing the Mayor to enter into an agreement with The Guidance Center of Westchester ("TGCW") 7. Authorizing and directing the Comptroller to refiind an overpayment of 2021 taxes to "Pro National Title Agency". SETTLEMENTS 8. Settling the Claim for Property Damage - Jackson, Clellie v. City of Mount Vernon - $1,507.49 9. Settling the Claim for Property Damage - 01vera, Alonso v. City of Mount Vernon - $3,000.00 10. Settling the Claim for violation of civil rights - TAWANDA BALLINGER v. City of Mount Vernon - $20,000.00 11. Settling the Claim of Bank of America, N.A., as assignee of Altec Capital Services, LLC v. City of Mount Vernon - $85,000.00 " ' - " . i I  II RESOLVED, that an ordinance adopted by the City Council on February 9, 2022, and signed by the Mayor on February 10, 2022, amending the City of Mount Vernon Administrative Code Part II, General Legislation entitled "Chapter 126. Fees and Deposits" by adding another article, entitled "Article Vl. Sewer and Refuse Sustainability Fees", be and the same is hereby approved. ADOPTED BY BOARD OF ESTIMATE A4PPRovE!oAsToFo AND CONTRACT 0 :: o) APPROVED Th..-07t y -ii a /y t/ Dept. '-/a."!'Cl/-' i y , ./ / Bi3;HL HELD AN ORDINANCE AMENDING THE CITY OF MOUNT VERNON ADMINISTRATIVE CODE PART II, GENERAL LEGISLATION J ENTITLED "CHAPTER ADDING 126. ANOTHER FEES ARTICLE, AND DEPOSITS" ENTITLED BY FEES " "ARTICLE Vl. SEWER AND REFUSE SUSTAINABILITY of FEB 9 2022 WHEREAS, by letter dated February 2, 2022, the Mayor of the City Local Mount Vernon has requested that the City Council adopt two new local laws, Law 2, which establishes a new Sewer Rent to be paid by the residents of Mount a new Refuse Sustainability Fee also Vernon, and Local Law 3, which establishes to be paid by the residents of Mount Vernon; and the two new charter provisions require establishment of a new WHEREAS, section of the City Code that enumerates these new fees; and Vl. Chapter 126. Fees and Deposits" by adding another article entitled "Article Fees" to correspond with the new Charter Sewer Rents and Refuse Sustainability provisions, Chapter C. Article IX. Department of Public Works, 112-b entitled, Sewer Rents" and, Chapter C. Article IX Department of Public Works, 112-c entitled, "Refuse Sustainability Fee;" NOW, THEREFORE, Vernon, in City CounciJ convened, does hereby ordain The City of Mount and enact: As a new subsection of Part II, General Legislation, a new Section 1. Article Vl., "Sewer Rents and Refuse Sustainability Fee." article entitled The chart below are the initial Sewer Rents and Refuse Section 2. Sustainability Fees effective upon the adoption of the 2022 Budget. I Amount I Type of Fee $1.25 per 100 cubic feet i Sanitary Sewer Fee $18.75 I Sanitar(yuSpetowe1r50FOeeCMubinlcimFuemet)Charg Fee (per unit) ResidentialRefuse $200.00 Senior Residential Fee (per unit) $100.00 low Income Non-Residential Refuse Fee $2,000.00 Non-Profit Refuse Fee (0.5 acre or less) $500.00 Non-Profit Refuse Fee (0.51 acre or more) $1,ooo.oo Non-Profit Dormitory (Family) Refuse Fee $100.00 Non-Profit Dormito'ry (SRO) Refuse Fee $50.00 Section 3. This ordinance shall take effect upo Board of Estimate & Contract. - J/ Councilperson PR VED 0 0RM Assistant "O-)-' Ca:l CCljD a)O aQ o 0 o APPROVED U) a E Dept. o Mayor  RESOLVED, that an ordinance adopted by the City Council on February 9, 2022, and signed by the Mayor on February 10, 2022, authorizing the Mayor to accept a grant award from the NYS Office of Children and Family Services ($89,200.00 - Safe Haven), be and the same is hereby approved. APPROVED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT APPROVED Dept. ,?tdi./ o Clerk o FEB - 9 2022 AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A GRANT AWARD FROM THE NYS OFFICE OF CHILDREN AND FAMILY SERVICES ($89,200.00 - Safe Haven) c o C o a CCI tu  RESOLVED, that an ordinance adopted by the City Council on February 9, 2022, and signed by the Mayor on February 10, 2022, authorizing the Mayor to accept a grant award from the NYS Office of Children and Family Services ($122,700.00 - S.T.R.O.N.G. program), be and the same is hereby approved. APPROVED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT ssistant Corporation Counsel o o APPROVED o Dept. c o C/) Cl)O a E o FEB 9 2[122 AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A GRANT AWARD FROM THE NYS OFFICE OF CHILDREN AND FAMILY SERVICES ($122,700.00 - S.T.R.O.N.G. program) WHEREAS, by letter dated January 24, 2022, the Deputy Director of the Youth Bureau has requested legislation authorizing the Mayor to accept a grant award from the NYS Office of Children and Family Services in the amount of $122,700.00 for tlie contract period of January 1, 2022 through September 31, 2023; and WHEREAS, the program will allow Mount Vemon Youth Bureau to provide youths between the ages of 6-14 in the S.T.R.O.N.G. program (Students Taking Responsibility and Ownership Now and Graduating), with additional free academic support and STEAM activities in tlie afterschool and summer program; NOW, THEREFORE, The City of Mount Vernon, in City Corincil convened, does hereby ordain and enact: Section 1. The Mayor is hereby authorized to accept a grant award in the amount of $122,700.00 to provide youths between the ages of 6-14 in the S.T.R.O.N.G. program (Students Taking Responsibility and Ownership Now and Graduating), with additional free academic support and STEAM activities in the afterschool and summer program. Section 2. Funds in the amount of $122,700.00 are to lx, accou$d for in Revenue Code A4820, Budget Codes A7316.101 ( codes) and A7316.803 (social security). There is no match obligation for this grant and funds have already been wire transferred. Section 3. Tliis ordinance shall take effect upon its approval by the Board of Estimate and Contract. E o ,7"' Mayor FEB 15 2!jz;x RESOLVED, that an ordinance adopted by the City Council on February 9, 2022, and signed by the Mayor on February 10, 2022, authorizing the Fire Department to accept one (1) fire safety vehicle, be and the same is hereby approved. APPROVED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT sistant Corporation Counsel APPROVED Dept. o Clerk E o FEB - 9 2022 AN ORDINANCE AUTHORIZING THE FIRF, DEPARTMENT TO ACCEPT ONE (1) FIRE SAFETY VEHICLE WHEREAS, by letter dated February 1, 2022, the Fire Commissioner has requested legislation authorizing said Department to accept one (I) Fire Safety vehicle (100' Pierce Aerial Ladder Truck) in the value of $1,241,585.00; and WHEREAS, this apparatus will be provided by the Urban Renewal Agency (URA) and paid for with HUD CDBG funding for 2016 - 2019 program years; NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section I. The Fire Department is hereby authorized to accept one (1) Fire Safety veliicle (100' Pierce Aerial Ladder Truck) in the value of $1,241,585.00 whicli will be provided by the Urban Renewal Agency (URA) and paid for the HUD CDBG funding for 2016 - 2019 program years. Section 2. This ordinance shall take effect upon its approval by the Board of Estimate and Contract. Councilperson kPPRaVED C drown Cdunsel ATTEST: ) r' " Dep,11fY City Clerk APPROVED FE!H-0 2[1?7 c o APPROVED (/l 0 Dept. Mayor  II FEB l 5 2U22 5 RESOLVED, that an ordinance adopted by the City Council on February 9, 2022, and signed by the Mayor on February 10, 2022, authorizing the Police Department to purchase five (5) used police vehicles, be and the same is hereby approved. ADOPTED BY BOARD OF ESTIMATE / /A,PPRO/V7, Assistant Corporation Counsel AND CONTRACT C o t APPROVED Dept. o Clerk FEEi 9 2fl22 AN ORDINANCE AUTHORIZING THE POLICE DEP ARTMENT TO PURCHASE FIVE (5) USED POLICE VEHICLES WHEREAS, by letter dated February 8, 2022, the Cornrnissioner of Public Safety lias requested legislation authorizing said Department to purchase five (5) rised police vehicles (4 marked and 1 unmarked) from The Cruisers Division located in Mamaroneck, NY and graphically enhance four (4) of these vehicles utilizing the funds witl'iin the "666 Seized Assets Funds" for a total of $86,600.00; NOW, THEREOFRE Tl'ie City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. The Police Department is hereby authorized to purchase five (5) used police vehicles (4 marked and 1 unmarked) and graphically enhance four (4) rised police vehicles under uruque circumstances. Delivery of said vehicles is expected no sooner than June 2022. The five (5) police vehicles to be purchased are as follows: QUANTITY DESCRIPTION PRICE VIN ID # I 2013 Ford Interceptor Sedan $6,900.00 123502 1 2016 Ford Interceptor Sedan $7,500.00 113640 l 2016 Chevy Tahoe Admin (LT) $42,000.00 388367 1 2017 Ford Interceptor Sedan $7,600.00 69982 l 2019 Ford Explorer Sport Utility $16,000.00 54832 Vehicle Section 2. Funds for the aforesaid five (5) police vehicles in the amount of $86,600.00 will be deducted from the "666 Seized AssetS Funds"; (Capital Code #H3120.203C666). Section 3. This ordinance shall take effect upon its approval by the co c o a o Mayor FEB 1 5 2022 GO RESOLVED, that an ordinance adopted by the City Council on February 9, 2022, and signed by the Mayor on February 10, 2022, authorizing the Mayor to enter into an agreement with The Guidance Center of Westchester ("TGCW'), be and the same is hereby approved. APPROVED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT A2sei o o o APPROVED i Y i -i /x Dept. o Clerk C/) ai o (f FFJ3- 9 2022 r-/ AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE GUIDANCE CENTER OF WESTCHESTER ("TGCW') WHEREAS, by letter dated February 9, 2022, the Commissioner of the Department of Public Safety has requested that the City Council enact legislation which will enable the Mayor to enter into an agreement with The Guidance Center of Westchester ("TGCW') commencing February 14, 2022 and will expire on September 30, 2022 with the opportunity to renew semi-annually, however, either party may terminate with 30 days written notice to the other; and WHEREAS, the aforesaid agreement will set the standards by which the Department of Public Safety will partner with TGCW to provide wellness resources to community members in crisis as well as provide care management and peer support staff to support police officers engaging with persons in the community experiencing a behavioral health crisis; and WHEREAS, the aforesaid agreement will commence on February 14, 2022 and expire on September 30, 2022 does not require funding or financial support of any kind from the City of Mount Vernon; NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does herby ordain and enact: Section 1. The Mayor is hereby authorized to enter into an agreement between the City of Mount Vernon, on behalf of, Mount Vernon Police Department ("MVPD") located at 2 Roosevelt Square N, Mount Vernon, NY 10550 and The Guidance Center of Westchester, Inc. located at 256 Washington Street, Mount Vernon, NY 10553. Section 2. There is no cost to the City of Mount Vernon. Section 3. This ordinance shall take effect upon its approval by the Board of Estimate and Contract. Councilperson THIS ORDIN ANCE 7 AssistantCor o sel APPROVED C: o APPROVED C/) a o Dept. Mayor FEB15 2022 I RESOLVED, that an ordinance adopted by the City Council on February 9, 2022, and signed by the Mayor on February 10, 2022, authorizing and directing the Comptroller to refund an overpayment of 2021 taxes to "Pro National Title Agency", be and the same is hereby approved. APPROVED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT e, o o o APPROVED Dept. o Clerk 7 FEB 9 2022 AN ORDINANCE AUTHORIZING AND DIRECTING THE COMPTROLLER TO REFUND AN OVERPAYMENT OF 2021 TAXES TO "PRO NATIONAL TITLE AGENCY" " WHEREAS, by letter dated January 13, 2022, tl'ie Comptroller advised this City C:oruicil tl'iat an overpayment in tlie sum of $22,234.76 was made by "Pro Nationhl Title Agency" for tlie 2021 coruity tax on Block 3133, Lot 51; NOW, THEREFORE, Tlie City of Mount Vernon, in City Council convened, does l'iereby ordain and enact: Section 1. Tlie Comptroller is liereby autliorized and directed to draw a idraft on Account Code A690 in tlie sum of $22,234.76 to tlie order of Pro National Title Agency, representing a refund of said overpayment made by it, in error, on Block 3133, Lot 51. . Section 2. Tlie Comptroller sliall deliver said draft in the amount of 'i $22,23f4.76 payableto ProNationalTitle Agencyto tlie CorporationCounselupon :'i proof 6f tl'ie absence of liens against the same. Section 3. Tliis ordinance sliall take effect ripon its approval by the Board of Estimate and Contract. APPROVEDA ( 7- I mts dBoitypxpe Counsel P ATTEST: aCL o 0 AP D Date APPROVED Mayor a:i- I (D FEB 1 5 20fi WHEREAS, on June 30, 2021, CLELLIE JACKSON filed a Notice of Claim seeking the sum of $1,507.49 against the City of Mount Vernon for property damage to claimant's 2007 Honda Accord automobile, which was allegedly struck by a Department of Public Works tnuck on June 26, 2021; and WHEREAS, the Corporation Counsel hereby recommends that the Board of Estimate and Contract approve the settlement of the aforesaid claim in the amount of $1,507.49; NOW, THEREFORE, be it RESOLVED, that the aforesaid claim of CLELLIE JACKSON, be settled for the sum of $1,507.49 and that said settlement be and the same hereby is approved; and be it fiuther RESOLVED, that said sum be paid out of Budget Code A1910.469 Insurance - Claims, 2022 Budget. APPROVED AS Tp FQRM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT Assistant Corporation Counsel o o APPROVED Dept. Clerk FEB I 5 2022 (ZK WHEREAS, on December 8, 2020, OLVERA, ALONSO filed aNotice of Claim seeking the sum of $6,268.18 against the City of Mount Vernon for property damage to claimant's 2009 Toyota Camry automobile, which was allegedly damaged by the Department of Public Works bucket truck on October 8, 2020; and WHEREAS, the Corporation Counsel hereby recornrnends that the Board of Estimate and Contract approve the settlement of the aforesaid claim in the amount of $3,000.00; NOW, THEREFORE, be it RESOLVED, that the aforesaid claim of OLVERA, ALONSO, be settled forthe sum of $3,000.00 and that said settlement be and the same hereby is approved; and be it further RESOLVED, that said siun be paid out of Budget Code A1910.469 Insurance - Claims, 2022 Budget. APPROVED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT Xssistant Corporation Counsel o co APPROVED Dept. Clerk fEB 15 '10 WHEREAS, on June 9, 2016, TAWANDA BAI,LINGER filed a Summons and Complaint in the United States District Court for the Southem District of New York against the City of Mount Vernon for violation of her civil rights which were sustained on April 5, 2016, when plaintiffs civil rights allegedly were violated; and WHEREAS, the City of Mount Vernon was served with a siunrnons and complaint on April 29, 2019; and WHEREAS, the Corporation Counsel hereby recommends that the Board of Estimate and Contract approve the settlement of the aforesaid claim in the amount of $20,000.00; and WHEREAS, pursuant to the settlement agreement two (2) checks are to be disbursed in the amounts of $6,667.00 and $13,333.00; and WHEREAS, payment in the amount of $6,667.00 should be made payable to New York State Department of Health; and WHEREAS, payment in the amount of $13,333.00 made payable to Anthony C. Ofodile, Esq., representing the balance of settlement proceeds; NOW, THEREFORE, be it RESOLVED, that the aforesaid claim of TAWANDA BALLINGER be settled for the siun of $20,000.00 and that said settlement be and the same hereby is approved; and be it fiirther RESOLVED, that said sum be paid out of Budget Code A1930.494 Judgments & Settlements (Increase for DEC Settlements), 2022 Budget. APPROVED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT 4&nsei o APPROVED Dept. o Clerk o /t,/",t FEBI 5 2022 l WHEREAS, by letter dated January 31, 2022, Corporation Counsel requested the approval of this Honorable Board to settle the matter "Settlement of BANK OF AMERICA, N.A., as assignee of ALTEC CAPITAL SERVICES, LLC v. City of Mount Vemon, Settlement Amount: $85,000.00;" and WHEREAS, by letter dated January 24, 2022 (a copy of which is aru'iexed hereto), the Wagstaff Firm, p.c. explained why it would be in the best interests of the City of Mount Vernon to settle said claim in the amount of $85,000.00; and WHEREAS, the City has successfully negotiated a settlement in this matter for Eighty-Five Thousand Dollars ($85,000.00) through the services of the Wagstaff Firm, P.C.; and WHEREAS, the Corporation Coiu'isel hereby recommends that the Board of Estimate and Contract approve the settlement of the aforesaid grievance in the amount of $85,000.00; NOW, THEREFORE, be it RESOLVED, that the aforesaid claim of BANK OF AMERICA, N.A., be settled for the sum of $85,000.00 and that said settlement be and the same hereby is approved; and be it fiirther RESOLVED, that said sum be paid out of Budget Code A1930.494 Judgments & Settlements (Increase for DEC Settlements), 2022 Budget. APPROVED AS TQ FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT /AssistantCorporation Counsel APPROVED Dept. o Clerk E o [7