City Council:
AN ORDINANCE AMENDING ORDINANCE NO. 18,
ADOPTED BY THE CITY COUNCIL ON MAY 27, 2026,
AUTHORIZING THE DECLARATION OF A STATE OF
EMERGENCY FOR THE FIRE STATION APRON
REHABILITATION PROJECT AT FIRE DEPARTMENT
STATIONHOUSES NOS. 2 AND 3, AUTHORIZING THE
SOLICITATION OF BIDS FOR IFB NO. 4.26, AND
AUTHORIZING THE USE OF URBAN RENEWAL
AGENCY FUNDS
Whereas, by correspondence dated October 5, 2026, the Commissioner and the Deputy Commissioner of the Department of Public Works have requested authorization to amend Ordinance No. 18 adopted by the City Council on May 27, 2026, authorizing the declaration of a State of Emergency for the Fire Station Apron Rehabilitation Project at Fire Department Stationhouses Nos. 2 and 3, authorizing procurement and contracting for the project, and authorizing the use of Urban Renewal Agency (“URA”) funds; and
Whereas, the Department of Public Works has determined that certain provisions of Ordinance No. 18 should be amended to accurately reflect the funding mechanism for the project and the required effective date of the Ordinance; and
Whereas, the requested amendments do not alter the declaration of emergency or the scope of work authorized under Ordinance No. 18, but instead clarify the manner in which project costs are to be paid and reimbursed; and
Whereas, Section 4 of Ordinance No. 18, as adopted, authorizes the direct use of URA funds for all costs associated with the project; and
Whereas, under the actual funding arrangement for the project, the City of Mount Vernon will pay the contractor for completed work, and the Urban Renewal Agency will reimburse the City for the eligible costs of the project; and
Whereas, amending Section 4 is therefore necessary to conform the Ordinance to the actual funding arrangement and to permit payment for completed work to proceed in accordance with the City’s contractual obligations; and
Whereas, the Department of Public Works has further requested that Section 8 of Ordinance No. 18 be amended to ensure that the Ordinance shall become effective upon adoption by the City Council and subsequent approval by the Board of Estimate and Contract; and
Whereas, the project contracts were executed pursuant to action and approval of the Board of Estimate and Contract, and the requested amendment will properly reflect the City’s approval and contracting process; and
Whereas, the project is proceeding pursuant to emergency procurement authority as outlined in the Department of Public Works’ June 1, 2026, Amendment to the Emergency Declaration, which removed the competitive bidding requirements applicable to the emergency work; and
Whereas, following the initial preparation of a contract with a proposed contractor who did not respond, the Department of Public Works engaged Peduto Construction Corp., of New Rochelle, New York, to perform the necessary site work; and
Whereas, the City entered into separate agreements with Peduto Construction Corp. for Fire Department Stationhouses Nos. 2 and 3, each dated August 28, 2026, based upon Peduto Construction Corp.’s Proposal No. MTV8262026, dated August 26, 2026, and the Mayor executed both agreements on August 31, 2026; and
Whereas, the contract for Stationhouse No. 2, located at 435 S. Fulton Avenue, is for $350,884.64, with a contract duration of twenty (20) days, and the work has been paved and completed; and
Whereas, the contract for Stationhouse No. 3, located at 50 W. 3rd Street, is for $251,048.70, with a contract duration of thirteen (13) days, and the work remains pending while the contractor awaits payment for the completed Stationhouse No. 2 work; and
Whereas, the total contract amount for the Fire Station Apron Rehabilitation Project at Stationhouses Nos. 2 and 3 is $601,933.34; and
Whereas, the Department of Public Works has requested the creation of a Capital Projects Code to account for all expenses and reimbursements associated with the project; and
Whereas, the City Council finds that the requested amendments are necessary and appropriate to reflect the project’s funding mechanism accurately, facilitate payment for completed work, and maintain the continuity and safety of the City's emergency response infrastructure.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, NEW YORK, AS FOLLOWS:
Section 1. Amendment to Section 4 - Funding Authorization. Section 4 of Ordinance No. 18, adopted by the City Council on May 27, 2026, is hereby amended in its entirety to read as follows:
“Section 4. Funding Authorization. The City Council hereby authorizes the City of Mount Vernon to pay all costs associated with the Fire Station Apron Rehabilitation Project at Fire Department Stationhouses Nos. 2 and 3. The Urban Renewal Agency (“URA”) shall reimburse the City for the cost of the project in accordance with the applicable funding arrangement and authorization.”
Section 2. Capital Projects Code. The Department of Public Works and the Comptroller’s Office are hereby authorized to establish and use an appropriate Capital Projects Code for the Fire Station Apron Rehabilitation Project at Fire Department Stationhouses Nos. 2 and 3 to account for project expenditures, payments, reimbursements, and related financial transactions.
Section 3. Amendment to Section 8 - Effective Date. Section 8 of Ordinance No. 18, adopted by the City Council on May 27, 2026, is hereby amended in its entirety to read as follows:
“Section 8. Effective Date. This Ordinance shall take effect upon adoption by the City Council and subsequent approval by the Board of Estimate and Contract.”
Section 4. No Further Amendments. Except as expressly amended herein, all provisions, authorizations, findings, declarations, and directives contained in Ordinance No. 18, adopted by the City Council on May 27, 2026, shall remain unchanged and shall continue in full force and effect.
Section 5. Severability. If any Section, subSection, paragraph, sentence, clause, provision, or portion of this Ordinance, or its application to any person or circumstance, is adjudged invalid by a court of competent jurisdiction, such adjudication shall not affect the validity of the remaining portions of this Ordinance, which shall remain in full force and effect.
Section 6. Effective Date. This Ordinance shall take effect upon adoption by the City Council and subsequent approval by the Board of Estimate and Contract.