Board of Estimate & Contract

la53.lu2; BOARD OF ESTIMATE & CONTRACT AGENDA MONDAY, NOVEMBER 27, 2023 4:00 P.M. l:: Qa: MAYOR'S CONFERENCE ROOM - is" FLOOR CITY HALL. MOUNT VERNON. NEW YORK VIA FACEBOOK.COM/MOUNTVERNONNY RESOLUTIONS APPROVING: SETTLEMENTS Settling the claim of: 1. ALEXIS MONTERO - ($256,865.01 available in Budget Code A1910.469, Insurance Claims - 2023 Budget). 2. RICHARD KEENE, Et Al - ($21,000.00 available in Budget Code A1910. 469, Insurance Claims - 2023 Budget). RETAINER RetainingKauffMcGuire &MargolisLLP 3. As outside counsel representing the City in connection with trial counsel with the various personal injury, labor, and employment matters up to and including trial work - (funds areavailable in Budget Code A1420-405 {Outside Contracted Servicesi Law Department's 2023 Budget). NOV2 7 2823 SPECIA WHEREAS, on November 15, 2023, Corporation Counsel, Brian G. Johnson A requested by letter, pursuant to Section 152 of the City settle the matter ofAlexis Montero vs. the City of Mount Vernon and Deborah Reynolds, Charter that this Honorable Body irt her official capacity as the former Comptroller of the City of Mount Vernon, a New YorkMunicipality, alleging that the Defendants required the plaintiff and other similarly situated non-exempt employees to work more than 40 hours per week but have not paid them the overtime compensation that they earned on their regular payday for such worksheet, or at all; and WHEREAS, the City of Mount Vernon was served with a Summons and Complaint on March 5, 2021; and WHEREAS, the City is at great risk of incurring unnecessary extremely expensive legal fees in a legally indefensible case, and will also be responsible for the Plaintiff's legal fees if she prevails; and WHEREAS, it is in the City's best interest to settle this matter to avoid further expense of litigation; and WHEREAS, the Corporation Counsel recommends that this matter be settled in the amount of $256,865.01 which represents unpaid salary compensation; and be it further RESOLVED, that said funds are available from the Law Department 2023 Budget Code A1930.494 (Judgements & Settlements). ADOPTED BY BOARD OF ESTIMATE u e) 4 AND CONTRACT fks'sistant ",.iorporation Counsel o o APPROVED o Dept. Clerk f NOV 2 7 2023 WHEREAS, on October 6, 2023, RJCHARD KEENE filed a Notice of Claim seeking the sum of $21,000.00 against the City of Mount Vernon for property damage allegedly caused to the claimant's P-13 pick-up truck (with a trailer in the back) (including loss of {Jber wages averaging $314.00 per week, evidence of $50.00 per day car storage (both incurred and prospective), and confirmation of car rental charges averaging $214.00 per week (both incurred and future), all for an approximate two month period of time, by a city vehicle on October 2, 2023; and WHEREAS, by letter dated November 16, 2023, the Corporation Counsel hereby recommends that the Board of Estimate & Contract approve the settlement of the aforesaid claim in the amount of $21,000.00; NOW, THEREFORE, be it RESOLVED, that the aforesaid claim of RICHARD KEENE, be settled for the sum of $21,000.00 and that said settlement be and the same hereby is approved; and be it further RESOLVED, that said sum be paid out of Budget Code A1910.469 (Insurance - Claims), 2023 Budget. ADOPTED BY BOARD OF ESTIMATE AND CONTRACT ! '/7! 4taRtjCorporation Counsel 1Z.9 APPROVED o Dept. Clerk NOV 2 7 2023 WHEREAS, pursuant to Section 153 of the Charter of the City of Mount J Vernon, employ Estimate the counsel Corporation and Contract at such Counsel, compensation in the conduct with the as may of proceedings written be agreed consent in which upon of the City the by Mayor, the Board is a party; may and of WHEREAS, by letter dated November 16, 2023, the Corporation Counsel has recommended that this Board retain Kauff McGuire & Margolis LLP in connection with various personal injury, labor, and employment matters up to and including trial work. The terms and conditions are outlined in the Engagement Agreement; NOW, THEREFORE, BE IT RESOLVED, that Kauff McGuire & Margolis LLP be retained at the hourly rate of $250.00-$350.00 per hour, depending upon the attorney assigned to the work; be it further RESOLVED, that funds are available in Budget Code A1420.405 (Contracted Outside Service) Law Department, 2023 Budget; and be it further RESOLVED, that this resolution shall take effect immediately. VED AS TO FORM ADOPTED BY BOARD OF ESTIMATE AND CONTRACT torporatin Counsel Li:.9 o APPROVED Dept. Clerk 3