City Council

/ } } ' r i ' 21'-i"ai':..t-i:2"iiar:I2aa-2=l CITY COUNCIL MEETING AGENDA MONDAY, MARCH 27, 2023 3:30 P.M. CITY COUNCIL CHAMBERS - ROOM 206 CITY HALL. MOUNT VERNON. NEW YORK VIA FACEBOOK.COM/MOUNTVERNONNY LEGISLATION AND PUBLIC WORKS AMENDMENT 1. An ordinance amending ordinance No. 1 adopted on August 11, 2021, entitled "AN ORDINANCE AUTHORIZING THE RENDERING OF SERVICES FOR THE ORDER ON CONSENT WITH THE CANAL STREET FACILITY AND MARINA - ($706,977.74 [441,358.00] - Funding is available from 2021 Miscellaneous Items - Contingent Fund Budget Code A1990.493 and 2022FY American Rescue Plan - Sanitary Storm Sewer Rehabilitation and Construction (H8120.203 2. PERMISSION 2. An ordinance requesting permission for the Mayor to enter into a Funding Agreement with Westchester County (the "Coiu'ity") and New State York Environmental Facilities Corporation (the "NYSEFC") for the 3rd Street Sewer Rehabilitation Project - (This agreement is effective and enforceable as of the date on the cover page following its execution by the City, the County, and the NYSEFC, and it will remain in full force and effect until March 31, 2027, unless terminated sooner in accordance with the provisions herein or extended by written agreement of the parties). City Council Meeting agenda March 27, 2023 "SPECIAL" PERMISSION 3. An ordinance requesting permission for the Mayor to enter into an Inter-Miu'iicipal Agreement ("IMA") with Westchester County (the "County") and New York State Environmental Facilities Corporation (the "NYSEFC") for the 3rd Street Sewer Rehabilitation Project - (approximately $9,000,000.00 to be funded by the NYSEFC for the cost of design and construction pursuant to separate fiinding agreementwiththeCountyandCity. Thetermofthisagreement shall commence upon full execution and shall have a ten'n of five (5) years, or terminate upon completion and acceptance of the project by the County and City, whichever is earlier, unless terminated sooner pursuant to the provisions of this agreement). PUBLIC SAFETY AND CODES ACCEPT 4. An ordinance requesting permission for the Office FURNITURE of Emergency Management to accept furniture donations from the Westchester County Department of Social Services - Mount Vernon Office (D.S.S.) - (This donation comes at no cost to the City of Mount Vernon).  MAR 2 7 11143 (e',i .' - :" '- i:,l "aJ;;ib"'a>il'a,:i AN ORDINANCE AMENDING ORDINANCE NO. l ADOPTED ON AUGUST 11, 2021, ENTITLED "AN ORDINANCE AUTHORIZING THE RENDERING OF SERVICES FOR THE ORDER ON CONSENT WITH THE CANAI, STREET FACILITY AND MARINA" The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. The first decretal paragraph, the last WHEREAS paragraph, two sections of the Scope of Work, the Total amounts and Section 4 of Ordinance No. I adopted on August 11, 2021, entitled "AN ORDINANCE AUTHORIZING THE RENDERING OF SERVICES FOR THE ORDER ON CONSENT WITH THE CANAL STREET FACILITY AND MARINA" is hereby amended as follows: WHEREAS, by letter dated [August 6, 2021J March 3, 2023, the Commissioner for the Department of Public Works is requesting legislation authorizing services rendered by Optima Environmental Services in order to comply with the Order on Consent using funds from the 2021FY Miscellaneous Items; and WHEREAS, the Department of Public Works is currently under an Order on Consent issued by the New York State Department of Environmental Conservation pertaining to various mandated tasks that must be completed outlined within Schedule A of the Compliance Order; and WHEREAS, Optima Environmental Services is under contract via NYS OGS (Office of General Services) Vendor ID #1100145730. In accordance with the NYS OGS procurement policy, no further buds and/or quotes are required; and WHEREAS, the increase in the total price of the items listed in the Scope of Work are due to insurance, inflation, and labor surcharges imposed by Optima's vendors caused by economic changes. We are therefore requesting authorization for the rendering said services listed in the Chart below using funds from the 2021FY Miscellaneous Items - Contingent Fund line (41990.493) and 2022FY American Rescue Plan - Sanitary Storm Sewer Rehabilitation and Construction (H8120.203 i; NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. The Department of Public Works is hereby authorized to use services rendered by Optima Environmental Services in order to comply withthe Order on Consent. Section 2. The identified vendor as Optima Environmental Services is under contract via NYS OGS (Office of General Services) Vendor ID #1100145730. Section 3. The following scope of work shall be completed by Optima Environmental Services: Scope of Work i _; I 10-000-Gajlon - - 5 - - - - - - - - Oil - - Water ' - - - - - Senarator l- & 5,000 - Gallon i $428,699.74 Sediment Tank [$220,000.001 * Un-bolt all manways' lids & remove; * Power wash & vacuum sludge out of separator & ' sediment tank to "vac box" roll off container; * Re-install manways lids and bolt down; * Transport waste material to waste facility; and * Provide waste disposal documentation. MAR2 7 Remove Temporary Aboveground Fuel Tanks and $175,427.00 f Install New Permanent Above Ground Fuel Tanks * Demobilize Three Existing Aboveground Temp Fuel Tanks and Remove from property; * Supply and install two new Envirosafe Fireguard Aboveground Storage Tanks (ASTs) (6,000-Gallon Diesel & 4,000-Gallon Gasoline); * Two new Wayne Digital Fuel Dispensers; * Superbox Fuel Management System (FMS) for inventory control and * Update PBS Registration: 3-164887. New Tanks UL2085 Labeled & Listed and Fulfill Requirements for NFPA 30-30A; and @ Tanksarebackedwith30-yearwarrantybythesteel tank institute. Remove Underground Permanent Fuel Tanks $102,851.00 * Provide heavy equipment; [$45,93 1.00] * Remove,cut,cleananddisposeoftwo6,000Gallon underground fuel tanks; * Backfill hole to grade; * Remove and dispose of fuel island and contents (dispensers, fuel, hose assemblies, fuel master, fire suppression, canopy, bollards, conduit and concrete); * Terminate electrical; * Concrete tank pad demo & disposal; * Environmental close-out including waste manifest and certificate of tank removals; and * Update DEC PBS Registration #3-164887 for Tank I ID's 2a &3a. Total: $706,977.7 4 7s<zn,ass.ool Section 4. Funding is available from 2021 Miscellaneous Items - Contingent Fund Budget Code A1990.493 and 2022FY American Rescue Plan - Sanitary Storm Sewer Rehabilitation and Construction (H8120.203 C933). Section 5. This ordinance shall take effect upon approval by the Board of Estimate & Contract. New matter underlined Deleted matter in brackets [ ] o Mj'ir',!'g'!uZJ APPROVED Dept. Mayor Page 2 MAR2 7 2023 AN ORDINANCE REQUESTING PERMISSION FOR THE MAYOR TO ENTER INTO A F{JNDING AGREEMENT WITH WESTCHESTER COUNTY (THE "COUNTY") AND NEW YORK ST ATE ENVIRONMENT AL FACILITIES CORPORATION (THE "NYSEFC") FOR THE 3"' STREET SEWER REHABILIT ATION PROJECT WHEREAS, by letter dated March 24, 2023, the Commissioner of the Department of Public Works has requested legislation authorizing the Mayor to enter into a Funding Agreement with the City, the County, and NYSEFC to be adopted concurrently with legislation authorizing an Inter-Municipal Agreement between the same parties whereby; the County has agreed to asSiSt the City to procure, coordinate, and administer all required services for the design and construction of a below-grade sewer piunping station and sewer line replacement and rehabilitation for the West 3rd Street Pump Station and Sanitary Sewer Project in the vicinity of the connection to the County's Hutcinson Valley High Level Interceptor on West Third Street between South Ninth and South Tenth Avenues. This agreement is effective and enforceable as of the date on the cover page following its execution by the City, the County, and the NYSEFC, and it will remain in full force and effect until March 31, 2027, unless terminated sooner in accordance with the provisions herein or extended by written agreement of the parties; and WHEREAS, on April 15, 2022 the City of Mount Vernon (the "City"), Westchester County (the "County"), the New York State Department of Environmental Conservation (the "NYSDEC") and the New York State Environmental Facilities Corporation (the "NYSEFC") entered into a Memorandum of Understanding (the "MOU") which describes a City-County-State proposed partnership and path forward to comprehensively improve sanitary sewer and stoma sewer systems within the City and undertake related efforts to increase the flood resilience of these systems in the face of increasing storm intensity resulting from climate change. The MOU outlines the financial, oversight, and construction activities designed to achieve substantial progress and ultimately full compliance by the City with Federal and State laws and regulations associated with sanitary sewer and storm sewer systems; NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. The Mayor is hereby authorized to enter into Funding Agreement with the City, the County, and NYSEFC to be adopted concurrently with legislation authorizing an Inter-Municipal Agreement between the same parties whereby; the County has agreed to aSSiSt the City to procure, coordinate, and administer all required services for the design and construction of a below-grade sewer piunping station and sewer line replacement and rehabilitation for the West 3rd Street Pump Station and Sanitary Sewer Project in the vicinity of the connection to the County's Hutchinson Valley High Level Interceptor on West Third Street between South Ninth and South Tenth Avenues. This agreement is effective and enforceable as of the date on the cover page following its execution by the City, the County, and the NYSEFC, and it will remain in full force and effect until March 31, 2027, unless terminated sooner in accordance with the provisions herein or extended by written agreement of the parties. MAR2 7 Section 2. This ordinance shall take effect upon its approval by the Board of Estimate & Contract. Councilperson THIS ORDINANCE AP PROVED AS TOff ADOPTED-BY CITY CQUNCIL 4,APration 14 Counsel// o o APP APPROVED Dept. Mayor Page 2  AN ORDINANCE REQUESTING PERMISSION FOR THE MAYOR TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT ("IMA") WITH WESTCHESTER CO{JNTY (THE "COUNTY") AND NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION (THE "NYSEFC") FOR THE 3" STREET SEWER REHABILIT ATION PROJECT WHEREAS, by letter dated March 24, 2023, the Commissioner of the Department of Public Works has requested legislation authorizing the Mayor to enter into an Inter- Municipal Agreement (the "IMA") with Westchester County (the "County") and New York State Environn'iental Facilities Corporation (the "NYSEFC") for the 3rd Street Sewer Rehabilitation Project. The term of this agreement shall commence upon full execution and shall have a term of five (5) years, or terminate upon completion and acceptance of the project by the County and City, whichever is earlier, unless terminated sooner pursuant to the provisions of this agreement; and WHEREAS, on April 15, 2022 the City of Mount Vernon, Westchester County (the "County"), the New York State Department of Environmental Conservation and the New York State Environmental Facilities Corporation entered into a Memorandum of Understanding (the "MOU") which describes a City-County-State proposed partnership and path forward to comprehensively improve sanitary sewer and storm sewer systems within the City and undertake related efforts to increase the flood resilience of these systems in the face of increasing storm intensity The resulting from climate change. MOU outlines the financial, oversight, and construction achieveactivities designed to substantial progress and ultimately full compliance by the City with Federal and State laws and regulations associated with sanitaty sewer and storm sewer systems; and WHEREAS, on Jiu'ie, 16, 2022, the City to protect the declared an emergency public health and to render all required vital to the security, well- available assistance being and health of the citizens of Mount Vernon and to take all reasonable and responsible efforts including but not Iimited to: (l) the application for and securing of funding, (2) increase of pollution related fines and penalties, and (3) deviation from standard procurement procedures where necessary to prevent and mitigate irreparable injury to humans and the environment and expedite compliance with the Clean Water Act and all Federal Orders; and WHEREAS, shall aSsist the City to procure, coordinate and administer the County all required services and construction of a below-grade sewer pumping for the design station and sewer line replacement and rehabilitation for the West 3rd Street Pump Station and Sanitary Sewer Project in the vicinity of the connection to the County's Hutchinson Valley High Level Interceptor on West Third Street between South Ninth and South Tenth Avenues; NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. The Mayor is hereby authorized to enter into an Inter-Municipal Agreement (the "IMA") with Westchester County (the "County") and New York State Environmental Facilities Corporation (the "NYSEFC") for the 3rd Street Sewer Rehabilitation Project. The term of this agreement shall commence upon full execution and shall have a term of five (5) years or terminate upon completion and acceptance of the project by the County and City, whichever is earlier, unless terminated sooner pursuant to the provisions of this agreement. MAR2 Section 2. The NYSEFC will fiind the cost of the design and constniction of the Project pursuant to a separate funding agreement with the County and the City, of even date herewith, in an amount of approximately Nine Million ($9,000,000.00) Dollars, and transmit these fiu'ids directly to the County in order for the County to make required payments to any consultants, contractors and/or suppliers for design, engineering, construction, project management, community outreach, equipment purchases, and other related services in connection with the design and construction of the project on behalf of the City; and upon completion, the City will own, operate and maintain any improvements, infrastruchire, facilities and systems constructed as a result of the project. Section 3. This ordinance shall take effect upon its approval by the Board of Estimate & Contract. Councilperson APPROVED AS TO FORt)/l THIS ORDINANCE 0 o o A T: o -H uty city APPRO o Mayor ! MAR 2 7 SPEC AN ORDINANCE REQUESTING PERMISSION FOR THE OFFICE OF EMERGENCY MANAGEA4ENT TO ACCEPT FURNITURE DONATION FROM THE WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES - MOUNT VERNON OFFICE (D.S.S.) WHEREAS, by Ietter dated March 26, 2023, the Director of the Office of Emergency Management has requested legislation authorizing said department to accept a donation of funniture from the Westchester County Department of Social Services- Mount Vernon Office (D.S.S.) located at 100 East 1st Street, Mount Vernon, NY 10550. Below is a list of furniture items that would be donated to the City of Mount Vernon, New York Office of Emergency Management (OEM): * Thirteen (13) conference room chairs; * One (1) large size reception desk; * Five (5) L-shaped office desks; and * Four (4) individual stationed office desks; and WHEREAS, the furniture will be used for individual offices within the Emergency Operations Center ("EOC") Situation Room and Incident Command Room located at the 50 West 3rd Street, 2nd Floor Mount Vernon, NY 10550 - Fire House 3; NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. The Office of Emergency Management has requested legislation authorizing said department to accept a donation of furniture from the Westchester County Department of Social Services- Mount Vernon Office (D.S.S.) located at 100 East 1st Street, Mount Vernon, NY 10550. Section 2. This donation comes at no cost to the City of Mount Vernon. Section 3. This ordinance shall take effect irnrnediately. Councilperson VED AS TO F R THIS ORDINANCE APPROVED Dept. Mayor