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HomeMy WebLinkAbout07-1113ppCORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, November 13, 2007 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmernbers: Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell & Smith - 9 Absent - None On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the minutes of the stated meeting held on November 13, 2007 were approved. *AYE* NO * [-------- - - - - -� [MAJ- 5] 2I3 - 61 [3/4- 71 BONIFACIO FONTANA * * * FRANCZYK * '� * * * GOLOMBEK KEARNS * * X * * * LOCURTO RUSSELL SMITH k X 0 Y * * FROM THE MAYOR 000001 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: SUBJECT: November 8, 2007 03 -0 Mayor Appointment - j: Board of Parking PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx Pursuant to Section 18 -35, Section 109 -Q; Local Law 4 of the City Charter, I hereby appoint Aaron B. Siegel, 701 Lafayette Avenue, Buffalo, New York 14222 to serve on the Board of Parking for a 5 year term, commencing immediately and expiring October 31, 2012. As President and CEO of Franklin Credit Solutions, Mr. Siegel is responsible for all day -to -day operations, including strategic decision making, obtaining debt and equity financing and all investment management decisions. hereby certify that Aaron B. Siegel is fully qualified to serve as member of the Board of Parking. SIGNATURE W DEPARTMENT H TITLE : By en W. Brown, Mayor REFERRED TO THE COMMITTEE Obi LEGISLATION AND THE DIVISION OF COLLECTIONS 701 LaNvette Avenue, Buffalo, NY 14222 EX P E'R F,N(4', FRANKLIN i1 SIT SOI..I1'f IONS Au6ust3005 - 1 President -and CEI'0 • 'I ook the hcina of a S70k per year, two -man accounts receivable management iir;-a and reorganized it into a 2� p�_'rson husincss with clo: e to $700k in rei =cnue in 2006. Oil track for over S LOMNI in revenuc in 3007, and cash flow of s-)00'0k_. Reorganized Franklin Credit Solutions in 2007 into <ara investment firm maraal;ing a portfolio ofovcr $3 3.0MM in claargted of consumer dehr. • Responsible. for all day -to -day operations, including strategic decision- uaaking, obtaining dcht <arid equity financing, and all investnacrat managerent decisions. BANK OF AMERICA — New York, NY and Buffalo, NY August 2003 -- August 2005 Global Corporate and Investtent Bank, Portfolio Management -Vice President • Managed a team of Lour analysts in the Asset Managers — Financial Institutions industry group of the Portfolio Management Division. • Structured, originated and monitored various types of debt financing for collateralized debt obligations, mutual foods, hedge funds and asset managers. • I €cad of research for the Asset Managers industry group, coordinating all due diligcnce research efforts conducted by analysts and associates. Engaged in extensive industry, financial statement and credit analysis, as well as assist with the coordination of deal teams. BONurALK.COM - New York, NY March 2000 - ,Tune 2001 Chief Operating; Officer • Negotiated re- distribution and advertising agreements with such firms as Morgan Keegan, Investhink, BondPartncr, Bridge Mews, and Reaffime'fradcrs.com; resulted in revenue growth of 300 %. • Constructed business plan and business model through extensive industry and market analysis, as well as through the development of financial forecasting motels. • Launched and managed r „n organization of fifteen employees and consultants, whose rotes included tcclinology, operations, sales, analysis, content creation and cus; wrier service. IISBC BANK - Buffalo and New York, IVY, London, UK An oust 1997 - March 2000 Trust and Investment i ortfolio Manager (December '1998 -March 2000) • Analyrerl asset allocatitan of portfolios, aarrd contributed to stock selection oidepartmental "focus” and' "hold" fists. • Managed investment portfolios for high net worth customers, trusts and foundations. Obtained Series 7 and 63 Licenses. • Increased assets under management by 75% through effectively pitching new and existing clients. Internal Consultant (September 1998 - December 1998) • Appointed by former IIISBC Bank USA CEO Malcolm Burnett to lead an internal consulting team dcdicated to identifying, evaluating and reducing; unnecessary bureaucracy within the organization; involved extensive use of project valuation principles. • Prescnted recommendations to senior management; implementation resulted in an estimated $2.7 million in savings to IISBC. Officer and Executive Trainee (August 1997 - September 1998) Evan[ ally credit trained as a member of the Officer Development Prograam in the United States. • Analyzed corporate financial statements and prepared recommendations for loan underwriting as an analyst in the Commercial Loan Underwriting department; this was done through extensive use of ratio analysis and industry comparables. • Based on performance, I was chosen to participate in the 1 ?xecutive Development Program in the United Kingdom. • Graduated in top the 10"1 of the Executive Development Program; consisted of classes and practical applications in credit, management, finance, #reasury and foreign exchange, accounting, leadership, sales, and cultural sensitivity. EDUCATION WILLIAM E. SIMON GRADUATE S01001, OF BUSINESS ADMINISTRATION ,June 2003 UNIVERSITY OF ROCHESTER - Rochester, NY Master of Business Administration Concentrations: I-'inanee and Corporate nccountind Vice President, Graduate BUShICSS Council Robert C. C;oergen Merit Scholarship Recipient STATE UNIVERSITY OF NEW YORK AT BUFFALO - Buffalo, NY June 1997 Bachelor of Arts in Political Science I3OA.RDS / SKILLS I CERTIFICATION Treasurer of the Buffalo Police f=oundation, Treasurer of Mayor Brown's Fund to Advance Buffalo, ivlemhc;r of the Board of Trustees for the Tlw.odore Roosevelt. Inaugural Site, IIonorary Member oaf Canisius College's Alpha Kappa Psi busincss frtatcruity, formally credit and investment trained, CFA Lewd III caandidaw, l:ormer holder of both the Scrics 7 and 63 licenses. �, r� ?'m SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE FROM: DEPARTMENT: SUBJECT: November 8, 2007 03 -0 Mayor Appointment W Commission on [: Citizens' Rights and Community Relations PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxlxxlxx) Pursuant to Article XVIII, Section 20 of the Code of the City of Buffalo, I hereby appoint Sherrill W. Colston, 333 Porter Avenue, Buffalo, New York 14216 to serve on the Commission on Citizens' Rights and Community Relations Board for a 3 year term, commencing immediately and expiring October 31, 2010. Mr. Colston is a self - employed entrepreneur with over 42 years of experience. He is currently President and Chief Executive Officer of Colston's Enterprise, Inc., which provides automotive repair services, New York State inspections, snow plowing and used car sales. I hereby certify that Sherrill W. Colston is fully qualified to serve as member of the Commission on Citizens' Rights and Community Relations. SIGNATURE {,_/ DEPARTMENT ITLE : Byron . Brown, Mayor REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS eh l SHERRILL W. COLSTON 333 Parker Avenue Buffalo, New York 14216 ( CAREER SUMMARY Entrepreneur for over forty -two years, civic leader, community activist, business leader and humanitarian. PROI+ESSIONAI, EXPERIENCE Currently, President and Chief Executive Officer of Colston's Enterprise, Inc. Colston's Enterprise, Inc. provides automotive repair services and New York State inspections, snow plowing and used car sales Chairman of Buffalo Municipal Housing Authority President and Chief Executive Officer of Colston & Son Mobil Service Center Colston & Son Mobil Service Center provided a convenience store, used car sales, gas station, New York State inspections, full service licensed garage (tune -ups, brakes and general repairs) Member of Erie County Sheriff's Department EDUCATION Dale Carnegie Institute Wenonah High School, Birmingham, Alabama MEMBERSHIPS AND AWARDS • National Association for the advancement of colored people Life Member • Operation People United to save humanity Life Men • 32"" Degree Mason • Humboldt Parkway Baptist Church Deacon • 1994 recipient of Mercy Flight Certificate • 1994 recipient of Group Ministries Award • 1993 recipient of M &T Bank Business Leadership Award e 1986 recipient of Mobil Circle of Excellence • 1986 recipient of Gethsemane Baptist Church Humanitarian Award • 1979 Keynote Speaker at Mobil Oil Dealers Convention • 1978 recipient of City of Buffalo Service to Community and Buffalo Police Department ADDITIONAL FACTS Colston & Son Nfobil Service Center was the only African American owned and operated facility of its kind in Western, New York. Personal: Married to Laura Colston for over SS years. Two children, William who is fire fighter with the Buffalo Fire Department and Cheryl who is a lawyer practicing in Chicago, Illinois with the Board of Education for the City of Chicago. Cl t° FROM THE MAYOR - EXECUTIVE DEPARTMENT i FROM THE CITY PLANNING BOARD NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Improvements to McCarthy Field- NCAA Competion Location: 302 -306 East Amherst Street Type of Action: Unlisted- Coordinated Description: Medaille College is proposing renovations to McCarthy Park on the property located at 342 -306 East Amherst Street, Buffalo New York. The project will include adding topsoil and resodding the existing soccer fields in order to provide a more level playing surface and an appropriate crown for drainage and better turf surfaces. The baseball field will be slightly shifted and configuring it for NCAA softball. A new 600 Square foot building to house a backfiow preventor and to house a portable field sprinkler. The project will be funded privately and cost approximately $577,000, As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will provide NCAA quality facilities for use by both Medialle and the surrounding community residents and little leagues. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Ladd Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 — 716 851 -5085. Dated: October 23 2007 CC: City Clerk City of Buffalo, Economic Development, Permit & Inspection Services City of Buffalo Public Works, Parks & Streets Medialle College RF AND FILE ID 9 0WOO. EGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Century City Lofts Location; 501 -515 Main Street, 500 and 510 Washington Street Type of Action: Unlisted- Coordinated Description: Signature Development is proposing renovations, reconstruction, and new construction to the properties located at 501 -515 Main Street and 500 and 510 Washington Street, Buffalo New York. Two structures, 501 Main street and 515 Main Street will be renovated, with street level store fronts restored and their commercial spaces upgraded for new tenants. The upper two floors of both buildings will be reconstructed into new apartments. The building located 505 — 509 Main Street was once two, three story structures, only the first floor remains with a wall that once separating the two buildings removed in the 1960's. The street level storefront will be restored and the commercial space upgraded for a new tenant. New construction replacing the upper two floors and be used for apartments. A new three -story building will infill the former Century Theater Lobby to be used for commercial and residential purposes. The balance of the theater site that is currently a surface parking lot will become a new parking ramp providing parking for apartment tenants and replacing the public parking currently accommodated by the existing surface parking lot, The upper two floors of all four development parcels will be interconnected with common corridors serving a total of twenty eight apartment units; the corridors terminate at either end with new code - compliant egress stairs. The existing elevator located in 501 Main street will be retrofitted with new equipment to connect.a new, secure grade level pedestrian entrance off the rear Brounk Alley to both floors of apartments. In addition to the development of the Main Street properties, the project will also renovate 500 and 510 Washington Street as stand alone developments. Both buildings will have their street level storefronts restored and their commercial spaces upgraded for new tenants. The second floors of 510 Washington will be reconstructed into new apartments. The project will be funded privately and funding from Erie County Industrial Development Agency and cost approximately $ 15,000,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will provide new commercial space and housing to a neglected block of Main Street in Downtown Buffalo bringing new life to otherwise un- productive area in the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or I 0�- effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 -- 716 851 -5085. Dated October 23, 2007 CC: City Clerk City of Buffalo Common Council City of Buffalo, Economic Development, Permit & Inspection Services City of Buffalo Public Works, Parks & Streets Erie County Industrial Development Agency City of Buffalo Preservation Board Signature Development 605 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Michigan Street Baptist Church Location: 511 Michigan Avenue Type of Action: Unlisted - Uncoordinated Description: Foiit- Albert Associates on behalf of the Michigan Avenue Baptist Church Redevelopment Team is proposing renovations to the Michigan Avenue Baptist Church on the property located at 511 Michigan Avenue, Buffalo New York. The renovation has been reviewed with No Adverse impact by the New York State Historic Preservation Office. The existing masonry is in poor condition. There is a significant area of full masonry replacement identified with all other areas not slated for full replacement will be stabilized with stainless steel helical anchors in the mortar joints. The remaining mortar joints will be hand raked and repointed so that the anchors are not visible. At the completion of this project, the church will be painted. The windows will be replaced with new custom wood windows, with security grilles installed at the basement windows. Traditional sash, will be used in all locations with the exception of the main sanctuary and front stained glass windows. The windows will contain true divided lites at the sides, with pivoting top and bottom panels. The stained glass windows at the front of the church are being replicated, reusing as much of the original glazing as practical. The windows will be protected by lexan panels, with appropriate ventilation per the Secretary of Interior Standards for rehabilitation. The front doors will be refinished and the concrete steps will be replaced in -kind. The entry roof, baptistery and a small shed will receive an asphalt, architectural shingle. Also on the shed, new wood beveled siding will be installed. The project is being funded by the City of Buffalo and the State of New York and cost approximately $497,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will provide much needed required repairs to stabilize and restore a historic building in the City of Buffalo. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator at 851 -5085. Dated October 23, 2007 CC: City Clerk City of Buffalo, Economic Development, Permit & Inspection Services City of Buffalo Public Works, Parks & Streets Fait - Albert Associates RECEVVED AND q l �� FROM THE OFFICE OF STRATEGIC PLANNING 14 FROM THE COMPTROLLER COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 8, 2007 FROM: DEPARTMENT: Office of Strategic Plannin DIVISION: Division of Real Estate SUBJECT: Lease of Portion of a City-owned Drivewa Servicing 489 Elmwood Avenue PRIOR COUNCIL REFERENCE: ( #12 CCP 10102/07) The Office of Strategic Planning, Division of Real Estate received a request from 493 F M Elmwood Avenue, LLC for a non - exclusive lease from the City of Buffalo for use of the driveway currently serving the Children's Hospital Parking Garage. Your Honorable Body previously approved an easement grant term sheet for the stretch of driveway, pending a report from the Appraisal Review Board, settling the value of said easement. The Board's Appraisal ($101,800) is factored into the rent calculation in the attached proposed Lease Agreement. am recommending that Your Honorable Body approve the lease of the property, upon substantially the terms and conditions contained in the attached proposed lease. I am further recommending that Your Honorable Body authorize the Mayor to execute the same. Department Head Name: TIMOTHY E. WANAMAKER Title: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING Signature of Department Head: LEASE This Lease made as of this day of November, 2007, by and between the City of Buffalo, a domestic municipal corporation, having its principal place of business in City Hall, No. 65 Niagara Square, in the City of Buffalo, County of Erie and State of New York ( "Landlord" or "City "), and 493 F M Elmwood Avenue, LLC, a New York limited liability company ( "Lessee "). The Landlord is the owner of certain real property (the "Property ") described briefly as follows: approximately 5,227 square feet of driveway property located at 489 Elmwood Avenue. The driveway currently serves the Children's Hospital of Buffalo Parking Ramp. The Lessee wants to use the subject Property on a non - exclusive basis for vehicular ingress and egress to Lessee's 493 Elmwood Avenue property which is being redeveloped as a Bank of America Branch. The Landlord and the Lessee desire to enter into a lease agreement setting forth the terms and obligations of the parties with respect to the Property. The Common Council of the City of Buffalo, per Item No. , November , 2007, approved the execution of this Lease. NOW, THEREFORE, in consideration of the terms, covenants and agreements herein set forth, the parties do hereby mutually agree as follows: 1. The Landlord demises and leases to the Lessee on a non - exclusive basis the Lessee's Property for use as a driveway for Lessee's vehicular access to the Lessee's property at 493 Elmwood Avenue. 2. The term of the Lease shall run concurrent with the Lessee's lease with Bank of America. 3. The Lessee shall pay annual rent of Nine Thousand One Hundred and Sixty -two Dollars ($9,162.00), which is payable upon execution of this Lease and on each anniversary thereafter. 4. The Lessee agrees to make the following site improvements upon execution of this lease: '61 Demo fence /curb, blend in asphalt $23,100 Trench Drain including demo /excavation /backfill /patch /piping: $10,800 Increase size of storm pipe: $700 Relocate Existing Sign: $3,200 (new sign not included to be provided by the City of Buffalo) New light poles, including bases, excavation, & backfill: $9,900 Mill, tack coat, and top coat the existing 6,000 sf. Driveway is $26,500 $74,200 5. The Lessee will be given a credit for the improvements made on any non - leased area of the drive, based on agreed upon calculation. 6. The Lessee will pay 30% of ongoing driveway maintenance and repair costs (including but not limited to snow removal) for the subject driveway. The maintenance cost will be billed to the Lessee by the City of Buffalo, Board of Parking. 7. Lessee's failure to pay the annual rent and any City chargeback for maintenance and repair costs will result in written notice to Lessee from the City of Buffalo with a 120 day opportunity for Lessee to cure, before further action is taken by the City, canceling this Lease. 8. The Lessee at the Lessee's sole cost and expense shall mill and overlay the entire driveway after all major construction has been completed on the Lessee's 493 Elmwood redevelopment parcel. 9. No driveway capital replacement costs will be charged back to the Lessee during the first 15 years of the lease. After the 15 year the Lessee will be responsible for 30% of the replacement cost of the driveway, which will be billed by the City of Buffalo, Board of Parking. The City will be responsible for the replacement of the driveway and bill and chargeback the Lessee accordingly. 10. The Board of Parking will provide a sign and the Lessee will install said sign at the Lessee's sole cost and expense. The cost for such placement has already been calculated in this lease. 11. Lessee shall pay all costs of installation, maintenance, repair and replacement for driveway lighting and shall also pay all utility bills. 12. The Lessee will indemnify the City and provide liability and other insurance, all of which shall be in form, substance and coverage amounts as are commercially reasonable and required by the City of Buffalo's Corporation Counsel's Office. 13, This Lease shall not be extended, modified or amended unless in writing and duly executed by the parties. -2- 14. Lessee shall not sublet, assign or in any way encumber all or any of its rights under this Lease without the written approval of the Landlord. 15. Lessee shall not build or construct any driveway improvements on the Property without prior written approval of the City's Department of Public Works. 16. Notwithstanding any provisions contained in this Lease, it is expressly understood and agreed that this Lease and each and every provision thereof shall in all respects be subject to any and all conditions, restrictions and limitations now or hereafter imposed by or upon the powers of the Landlord relating to the management, control, use or disposition of its property or otherwise. Nothing herein contained shall be construed or given effect so as to conflict with or contravene the powers, duties and obligations of the Landlord pursuant to law or to abridge, diminish or otherwise affect the jurisdiction and control vested by law in the Landlord over the said property. IN WITNESS WHEREOF the respective parties hereto have caused this Lease to be executed the day and year first written. THE CITY OF BUFFALO Byron W. Brown Mayor APPROVED AS TO FORM ONLY Date: Alisa A. Lukasiewicz 493 F M ELMWOOD AVENUE, LLC Corporation Counsel By: John V. Heffron Assistant Corporation Counsel in - 3 - STATE OF NEW YORK } COUNTY OF ERIE ) ss; CITY OF BUFFALO } On this day of , in the year 2007, before me, the subscriber, personally appeared BYRWN W. BROWN personally know to me or proved to me, on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Commissioner of Deeds, Buffalo, New York My Commission expires .'I Notary Public, Erie County, New York My Commission expires -4- STATE OF NEW YORK ) COUNTY OF ERIE ) SS: CITY OF BUFFALO On this day of , in the year 2007, before me the undersigned, personally appeared personally known to me or proved to me, on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Commissioner of Deeds, Buffalo, New York My Commission expires Or Notary Public, Erie County, New York My Commission expires -5- Mr. Bonifacio moved: That the above communication from the Office of Strategic PIanning dated November 8, 2007, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into a non - exclusive lease between the City and 493 F M Elmwood Avenue, LLC for use of the driveway currently serving the Children's Hospital Parking Garage, 489 Elmwood Avenue. That the Mayor be authorized to execute the lease attached to the above communication. Passed b TAB. TAwpbOlmswordlrmvlGc 1 1- 13a.doc �,„ 4 °��, "� � ' � y = •� � �1 . '. i i f i i i� i i #* i i f i - � i !i i �i i Fi � k D i * I• � �r # �i � 1 i li � I+k � �+ 1� � � !� ,� �� i.1w �i .'i i # i i i' i. i - �°�� # I# I# ' � x � � � � ' , �. �e�.. COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT DATE: November 13, 2007 Office of Strategic Planning DIVISION: Division of Real Estate SUBJECT: Clarified and Revised (Nov. 13 2007) Lease of Portion of a Cit -owned Drvewa Servicin.4489 Elmwood Avenue PRIOR COUNCIL REFERENCE: ( #12 CCP 90102107) The Office of Strategic P_ lanning, Division of Real Estate is hereby submitting a clarified and revised proposed Lease in replacement of the version that was submitted by this office to Your Honorable Body on November 8, 2007. The clarifications and revisions have been electronically blacklined for your ease of reference. As previously stated, this ' office received a request from 493 F M Elmwood Avenue, LLC for a non- exclusive lease from the City.of Buffalo for use of the driveway currently serving the Children's Hospital Parking Garage. Your Honorable Body previously approved an easement grant term sheet for the stretch of driveway, pending a report from the Appraisal Review Board, settling the value of said easement. The Board's Appraisal ($101,800) is factored into the rent calculation in the attached clarified and revised proposed Lease. I am recommending that Your Honorable Body approve the clarified and revised proposed' Lease of the property, upon substantially the terms and conditions contained in the attached clarified and revised proposed Lease, I am further recommending that Your Honorable Body authorize the Mayor to execute the same. Department Head Name: TIMOTHY E. WANAMAKER Title: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING Signature of Department Head �, k �\f6 LEASE This Lease made as of this day of .November, 2007, by and between the City of Buffalo, a domestic municipal corporation, having its principal place of business in City Hall, No. 65 Niagara Square, in the City of Buffalo, County of Erie and State of New York ( "Landlord" or "City "), and 493 F [Ill Elmwood Avenue, LLC, a New York limited liability company ( "Lessee "). The Landlord is the owner of certain real property (the "Rmpefty described briefly as follows: approximately 5,227 square feet of driveway property located at 489 Elmwood Avenue more particularly described and shown on Exhibit 1 attached hereto The DdriveWay currently serves the Children's Hospital of Buffalo Parking Ramp. The Lessee wants to use the seal j t Dr epe r t! Q riveway on a non - exclusive basis for vehicular ingress and egress to Lessee's 493 Elmwood Avenue property which is being redeveloped as a Bank of America Branch. -The Landlord and the Lessee desire to enter into a lease agreement setting forth the terms and obligations of the parties with respect to the t=?r- pe#y Driveway. The Common Council of the City of Buffalo, per Item No. , November , 2007, approved the execution of this Lease. NOW, THEREFORE, in consideration of the terms, covenants and agreements herein set forth, the parties do hereby mutually agree as follows: 1. The Landlord demises and leases the Driveway to the Lessee on a non- exclusive basis t-he- Lessee' s -P roper- ty-for- e-se- a&"— ri-veway -fof- Lessee' vehicular access by the Lessee. the Lessee's emplovees, accents, and invitees, and the Lessee's tenant. its emolovees. agents. invitees and customers, to the Lessee's property at 493 Elmwood Avenue. 2. The term of th Lease shall run concurrent with the Lessee's lease with Bank of America. 3. The Lessee shall pay annual rent of Nine Thousand One Hundred and Sixty -two Dollars ($9,162.00), which is payable upon execution of this Lease (`Execution Date) and on each anniversary thereafter. If this Lease shall terminate on a day other before the anniversa of the Execution Date, the rent for f� the ear in which this Lease so terminates shall be rorated for such partial ear and adjusted accordin I . 4. The Lessee agrees to make the following site improvements upon execution of this Uease: Demo fence /curb, blend in asphalt $23,100 Trench Drain including demo / excavation /backfill /patch /piping: $10,800 Increase size of storm pipe: $700 Relocate Existing Sign: $3,200 (new sign not included to be provided by the City of Buffalo) New light poles, including bases, excavation, & backfill: $9,900 Mill, tack coat, and top coat the existing 6,000 sf. Driveway is 2$ 6,500 $74,200 5. The Lessee will be given a credit for the rent pav&e hereunder -for the improvements made on ant- leaser - area-- af-the Ddrivewav,' in the amount shown in Section 4_of this Lease. based-- on- agfeed -upon calculatlen: 6. The Lessee will pay 30% of ongoing Ddriveway maintenance and repair costs (including but not limited to snow removal) for the &ub The maintenance cost will be billed to the Lessee by the City of Buffalo, Board of Parking. 7. Lessee's failure to pay the annual rent and any City chargeback for maintenance and repair costs will result in written notice to Lessee from the City of Buffalo with a 120 day opportunity for Lessee to cure, before further action is taken by the City, canceling this Lease. 8. The Lessee at the Lessee's sole cost and expense shall mill and overlay the entire dDriveway as provided in Section 4 of this Lease after all major construction has been completed on the Lessee's 493 Elmwood redevelopment parcel. 9. No Ddriveway capital replacement costs will be charged back to the Lessee during the first 15 years of this L the- lease. After the 15 year the Lessee will be responsible for 30% of the replacement cost of the dDriveway_,_ I an , which will be billed by the City of Buffalo, Board of Parking. The City will be responsible for the replacement of the dDriveway and will bill and chargeback the Lessee accordingly. 10. The Board of Parking will provide a sign and the Lessee will install said sign at the Lessee's sole cost and expense. The cost for such placement has already been calculated in this Llease. 11. Lessee shall pay all costs of installation, maintenance, repair and -2- replacement for Ddriveway lighting and shall also pay all associated utility bills. 12. The Lessee will indemnify the City and provide liability and other insurance, all of which shall be in form, substance and coverage amounts as are commercially reasonable and required by the City of Buffalo's Corporation Counsel's Office. 13. This Lease shall not be extended, modified or amended unless in writing and duly executed by the parties. 14. Lessee shall not sublet, assign or in any way encumber all or any of its rights under this Lease without the written approval of the Landlord. 15. Lessee shall not build or construct any d- 4veway- improvements on the Poo t�-- Driveway without prior written approval of the City's Department of Public Works. 16. Notwithstanding any provisions contained in this Lease, it is expressly understood and agreed .that this Lease and each and every provision thereof shall in all respects be subject to any and all conditions, restrictions and limitations now or hereafter imposed by or upon the powers of the Landlord relating to the management, control, use or disposition of its property or otherwise.. Nothing herein contained shall be construed or given effect so as to conflict with or contravene the powers, duties and obligations of the Landlord pursuant to law or to abridge, diminish or otherwise affect the jurisdiction and control vested by law in the Landlord over the said property. IN WITNESS WHEREOF the respective parties hereto have caused this Lease to be executed the day and year first written. THE CITY OF BUFFALO Byron W. Brown Mayor APPROVED AS TO FORM ONLY Date: Alisa A. Lukasiewicz 493 F M ELMWOOD AVENUE, LLC Corporation Counsel -3- By: BY: John V. Hefii"ron Assistant Corporation Counsel -4- STATE OF NEW YORK ) COUNTY OF ERIE ) ss; CITY OF BUFFALO ) On this day of , in the year 2007, before me, the subscriber, personally appeared BYRON W. BROWN personally know to me or proved to me, on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Commissioner of Deeds, Buffalo, New York My Commission expires Or Notary Public, Erie County, New York My Commission expires -5- STATE OF NEW YORK ) COUNTY OF ERIE ) ss: CITY OF BUFFALO ) On this day of , in the year 2007, before me the undersigned, personally appeared personally known to me or proved to me, on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged. to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Commissioner of Deeds, Buffalo, New York My Commission expires Or Notary Public; Erie County, New York My Commission expires -6- i 77 r. LIJ +' r • S `. {{ 4 w... IE r�, E➢ ,�,' ^ - * E 'r 1111 ; �'' i pa �1 � t `"G � � �� � "� .. ��.� -a... ...r„ • � .�.,„ � � ��, i � w 1 �� +�� ! . v. d t""' z� � o r� � � � � � o . . �i � #� � ,�� � � � �t � � 4 i h i Y;2 �p> I �!"' � �1 Certificate of Necessit I Transfer of Funds I City Clerk - Common Council -- Legislative We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $16,000 be transferred and reappropriated from the City Clerk, as set forth below: From: City Clerk 10220006 — 434000 Other Contractual Services To: Personal Services 1 2001 — 412002 Hourly Salary ;0�� <� Dated: Buffalo, NY, October 2, 2007 $16,000 $16,000 A OR R AND M ,7 Comptrol er j OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics October 24, 2007 Andrew SanFilippo, Comptroller Department of Audit & Control 1225 City Hall Buffalo, NY 14202 Dear Andy; 65 NIAGAF UARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 The Reasoning for my request for a transfer in funds for Councilmember Smith is as follows: Each Councilmember was allotted $75,000.00 in the Annual Operating Budget t use in their District. Councilmember Smith is requesting $16,000.00 to be transferred into the intern line for his Payroll. Thank you Yours truly, Gerald Chwalinski f;} City Clerk GC /cl 09/27/2807 15:12 715- 851 -4845 CITY CLERK OFFICE OF THE CITY CLERK GERALD A. CHWAUNSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, J11. OepIq CitV Clerk DIANA RICO veputy City Clerk Vital Statistics September 27, 2007 Janet Penksa, Commissioner Department of Administration and Finance, Policy and Urban Affairs 203 City Hall Buffalo, NY 14202 Dear Janet: Please prepare A Transfer in funds for the next Common Council Meeting From 10220006 434000 $18,000.00 To 10102001 412002 $16,000.00 Thank you GClcl PACE 01 j) 65 NIAGARA SQUARE ROOM 13ds CITY HAU BUFFALO, NEW YORK 14202 PHONE; (716) 851.5439 FAX; (716) 85144643 Yours truly, Gerald Ch alinski City Clerk 17/18 FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS 13 (Rev 1 -02) 0 909 Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointnlent(s) or promotion(s). i further certify that the petson(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of MIS .Division of to the Position of SPECIAL ASSISTANT TO THE CHIEF INFORMATION OFFICER Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL- PENDING EXEMPT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT kEnter Starting Salary) : Starting Salary of. $ 30232 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME JASON AMOS DATE ADDRESS 63 HUNTLEY CITY & ZIP BUFFALO 14215 LAST 4 DIGITS OF SSN. XXX - -5546 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10$71001 TITLE CODE NO 0358 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ, NO 2007 -99 SALARY RANGE. OF POSITION 30232 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: y .�`�-� °` -- TITLE OF APPOINTING. AUTHORITY: G k � & -ti �r w ¢ .� ✓ DATE: a SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL * 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER 46- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE S 19 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS ,a4 /Q_. -1 In')% chin, G oorME COMAUN!CATION TO THE COMMON COUNCIL it I kINCV. If�_I.IJ . '- TO: THE COMMON COUNCIL DATE: October 26, 2007 FROM: DEPARTMENT: Public Works, Parks & Streets�� DIVISION: Buildings SUBJECT: [ C Change in Contract Fire Dispatch Office Boiler Replacement Job #0701 Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for the Fire Dispatch Office, Boiler Replacement, D. V. Brown & Associates, Inc., C #93000029. 1. To replace existing undersized breaching. The present breaching Add $ 7,932.00 (15 ") was sized for the old power boilers power burners. The new boilers are atmospheric and have a requirement of 18" breaching for flue tie in. The foregoing change results in a net increase in the contract of Seven Thousand Nine Hundred Thirty Two and 001100 Dollars ($7,932.00). Summary: Current Contract Amount $101,683.00 Amount of This Change Order ( #2) Add $ 7,932.00 Revised Contract Amount $109,615.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100 - Division of Buildings. S SJSIPJGIdlg cc: Comptroller C. Serafin, Bldgs. Department Head Name: Paul J. Gareis, P.E. Title: Acting City Engineer Signature of Department He d: Sul r� Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets elated October 26, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to D. V. Brown & Associates, Inc., an increase in the amount of $7,932.00, as more fully described in the above communication, for work relating to Job No. 0701, ; hire Dispatch Office, Boiler Replacement, C #93000029. Funds for this Project are available in 39320406 445 100 - Division of Buildings. Passed 9 TAB:rmv tA%vp601rnswordl:mrvl9c 11- 13a.doc lo *lot* O 10 f10 IRA H2 (lev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: FROM: TxIE COi` i-OUNCIL: DA N v:r.°- ai:bc., C 2007 ,. DEPARTMENT: PUBLIC WORKS, PARKS AND STREETS DIVISION: BUILDINGS SUBJECT: (: Increase in Contract [: MLK Park Site Improvements [: General Contract No. 43000025 [: (Masten) PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: (TYPE SINGLE SPACE BELOW) Additional work was required during construction activities on this contract, costs for this work are as follows: ADD Electrical Conduit, Handhold Box & Restoration $ 12,740.00 Greenhouse Chainlink Fence $ 400.00 Shelter House Roof Repairs $ 400.00 TOTAL $ 13,540.00 SUMMARY: Existing Contract Amount $ 363,896.13 This Increase $ 13,540.00 New Contract Amount $ 377,436.13 The City's Engineering Consultant and the Project Manager have reviewed and recommended these changes and costs. Funds are available in Account 30311406- 445100. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a change order to Louis Del Prince & Sons, Inc. as outlined above. SJS/PJG/EMP TYPE DEPARTMENT HEAD NAME: Paul J. Gareis, P.E. TYPE TITLE: Acting City Engineer SIGNATURE OF DEPARTMENT HEA :4 ��4 Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 5, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Louis Del Prince & Sons, Inc., an increase in the amount of $13,540.00, as more fully described in the above communication, for work relating to MLK Park Site Improvements, Contract No. 93000025. Funds for this project are available in Account 30311406 - 445100. Passed 10 TAB:rmv tANvpGO \Jnswordl:r 0EOcI1- i3a.doc ti 4 - --- . , r�r -.�•., - - y�p�► _ , , � �al� ' �� aF ���a��ar��►�� r 0 �� i �!� i ��! �;� z` � - i li �� ? F < # 1� i 1 � � 1� 1f ,� �� . f � � . �sf.� �����r• �� _ i � s f r 1� )� �; � � � r 4 -Q � �. � . 4 - --- . , r�r -.�•., - - y�p�► _ , , � �al� #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. L 1 C OMMON Y\ A TY' • 1 1. .1 11 A11 �1 l': j T O: THE COiv MON COUNCIL u H � c: Noverriuer i, 2uur FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT:: Report of Bids [: City Hall Fire Alarm [: Emergency Reconstruction --12, 12Y2 , 13 Floors j: Job #0762 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP TEXT: The existing fire alarm system on the 12� ", 12' /z and 13 floors has failed several times and has been difficult to repair. While the existing system is now working, we have no confidence that it will not break down again and the manufacturer no longer makes the component parts. Therefore, future repairs would be impossible. A working and dependable fire alarm system is a life safety requirement. The Commissioner of Public Works, Parks & Streets has declared an emergency and is entering into an agreement with Simplex Grinnell to reconstruct the fire alarm system. Simplex Grinnell $46,725.00 6850 Main St., Williamsville, NY Funds for the work are available in 30320406 445100 - Division of Buildings. SJS /PJGidlg cc: Contract Compliance Office Chris Serafin, Buildings Department Head Name: Paul J. Gareis,_P.E. Title: Acting City Engineer Signature of Department Hea Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 1, 2007, be received and filed; and That the Acting Con of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Hall Fire Alarm, Emergency Reconstruction on the 12, 12 %, 13 Floors, to Simplex Grinnell, in the amount of $46,725.00. Funds for the project are available in 30320406 445100 -Division of Buildings. Passed. 11 '1'Al3:rmv tAwp6O\rnswordlnrnv%I is E 1- 13a.doc "".__� .�_. �,� -.�.� 1 ,� � � �� � - ! � . �' �; �'f 4 �� � J� • li ! ji �f �� �� ,y �. i 0 Hi �' � � f ���� PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) Plans and specifications were prepared and sealed proposals accepted for the Colonel Ward Crane Emergency Rehabilitation Project. I hereby submit the following report of bids which were received and opened in my office at 11:00 a.m. on November 2, 2007. Simmers Crane Design & Services $98,292.90 171 Cooper Ave., Suite 112 Tonawanda, NY 14150 Armor Electric Motor & Crane Services, Inc. $99,975.30 224 Elk Street Buffalo, NY 14210 I certify that foregoing is a true and correct statement of all bids received and that Simmers Crane Design & Services is the lowest responsible bidder complying with the plans and specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with Simmers Crane Design & Services for the cost thereof to be charged to the Division of Water account 53210725 445100 in the amount of $98,292.90. PJG:PJM:kf TYPE DEPARTMENT HEAD NAME: Paul J. Gareis, P.E. Acting City Engineer FOR TYPE TITLE: Steven J. Stepniak, Acting Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: n�w.n.w`laT n T 7 TT. NICAIO TO THE Wk•�k1W1V CO.ICIL # 1 (Rev. 1/93) SINGLE --pAUE c.ohkf� T TO: THE COMMON COUNCIL: DATE: November 7, 2007 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS 00 DIVISION: WATER SUBJECT: [: Report of Bads [: Colonel Ward Crane Emergency Rehabilitation [: Ellicott PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) Plans and specifications were prepared and sealed proposals accepted for the Colonel Ward Crane Emergency Rehabilitation Project. I hereby submit the following report of bids which were received and opened in my office at 11:00 a.m. on November 2, 2007. Simmers Crane Design & Services $98,292.90 171 Cooper Ave., Suite 112 Tonawanda, NY 14150 Armor Electric Motor & Crane Services, Inc. $99,975.30 224 Elk Street Buffalo, NY 14210 I certify that foregoing is a true and correct statement of all bids received and that Simmers Crane Design & Services is the lowest responsible bidder complying with the plans and specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with Simmers Crane Design & Services for the cost thereof to be charged to the Division of Water account 53210725 445100 in the amount of $98,292.90. PJG:PJM:kf TYPE DEPARTMENT HEAD NAME: Paul J. Gareis, P.E. Acting City Engineer FOR TYPE TITLE: Steven J. Stepniak, Acting Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: q � Mr. Bonifaeio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 7, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Colonel Ward Crane Emergency Rehabilitation Project, to Simmers Crane Design & Services, the lowest responsible bidder, in the amount of $98,292.90. Funds for the project.are available in the Division of Water account 53210726 445100, Passed. 12 TA13:nnv t:hvp6Mmswordlrmv112c 11- 13a.doc v � � Ir�►L�tLriv„1 1 l Kai y v # # I # J #� �► 4 4010 #! # i►f # #� # # p 1 1 j l #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL \ TO: THE COMMON COUNCIL DATE: November 5 2007 "\ FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings � SUBJECT: [: Report of Bids [: Shea's Performing Arts Center [: Heating /Cooling, Phase 3 Job #0753 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT I advertised for on September 26, 2007 and received the following formal sealed bids for Shea's Performing Arts Center, Heating /Cooling, Phase 3, which were publicly opened and read on October 22, 2007. John W. Danforth Co. $297,700.00 300 Colvin Woods Pkwy. Tonawanda, Ny 14150 D. V. Brown & Associates No Bid Hoot Mechanical & Electrical No Bid O'Connell Electric Co. No Bid O'Connor Mechanical Corp. No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that John W. Danforth Co., with a bid of Two Hundred Ninety Seven Thousand Seven Hundred and 00 /100 Dollars ($297,700.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 31660006 445100, Buildings. SJS /PJG /dlg cc: Contract Compliance Office Chris Serafin, Buildings Department Head Name Paul J. Gareis, P.E. Title: Acting City Engineer Signature of Department Hea 41 S o Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 5, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Shea's Performing Arts Center, Heating /Cooling, Phase 3, to John W. Danforth Co., the lowest responsible bidder, in the amount of $297,700.00. Funds for the project are available in the 31660006 445100, Buildings. Passed. 13 TAI3:nnv to %vp6Nnswordlrnrv113c11- 13a.doc # �' I � '�► # i ii iF [�► +� 1# � . 4 #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL �A/) TO: THE COMMON COUNCIL: DATE. November 5, 200 FROM: DEPARTMENT: PUBLIC WORKS, PARKS AND STREETS DIVISION: BUILDINGS` SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. - (Item N , C.C.P. ) TEXT: (TYPE SINGLE SPACE BELOW) Permission to retain Consultant [: Citywide Tree Management [: (Citywide) G: Permission is requested from your Honorable Body to hire a consultant for design and construction administration services related to citywide tree management and improvement projects. Costs for this work are not expected to exceed $250,000. and funds are available in Account 13111007 - 471010. REFERRED T O THE COMMITTEE ON WAN SJS /PJG /EMP TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Paul J. Gareis , P.E. Acting City Engineer SIGNATURE OF DEPARTMENT HEAD: 20 FROM THE COMMISSIONER OF POLICE ff3 (Rev 1 -02) 'VC arrrvwta rvr .M"'r�w fir' r WWW. rrrwww 4 IV I+..�: o A %W In compliance with provisions of Section 24 - of the Chwer and Chapter 354 of the Ordinances of the City of Buffalo, I (ranmint this certification of appoinrrnent(s) or promotion(s) _ I farther certify (hat the person(s) named in Schedule "A" have been certified or approved by the human Resource6 Service for the Appointment Effective: 10112/07 in the Department of Police Division of Commissioners Office to the Position of Police Captain (Insert One) : PERMANENT (Insert One) : PROMOTION (Insert One) : at the: FLAT jI ntcr Starting, Salary) : Starting Salary of: $75,223 Schedule "A" LAST JOB TITLE Contingent Perm Captain NAME Harold M. McLellan LAST DEPARTMENT Police DATE 05104 ADDRESS 49 Division Street LAST SALARY $75,223 CITY & ZIP No. Tonawanda, NY 14120 LAST 4 DIGITS OF SSN. XXX -XX -1336 LAST .JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP L 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN- XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- .............. REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12000001411001 BUDGET ACCT. OBJ. 12000001 411001 PROJ ID SALARY RANGE OF POSITION $75,223 - $75,223 TITLE CODE NO 2260 PERSONNEL. RE Q. NO 2007 -66 PER REASON FOR APPT. ABOVE THE MINIMUM YEAR h NAME OF APPOINTING AUTHORITY: H. McCarthy Gipson !� TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: 10/15/07 i � SIGNATURE OF APPOINTING AUTHORITY: RIGINAL + 3 COPIES Q: CITY CLERK NIB FORE APPQINTME T 17ATk OTHER COPIES TO: #5- C0MPTRO1-LFR #6 - HUMAN SERVICFSlCtV1L SERVICE 0- 8Ut7GET #8- DEPARTMENT #9- DIVI51QN #1G- EMPLQYFE{Sl - N3 (Rev 1 -02) Certificate of Appointment »l In compliance with provisions of Section 24 -2 of the Charier and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or prornotion(s). C furlher certify that the person(s) maned in Schedule "A" have been certified or approved by the Human Kesources/Civil Service for the Appointment Effective: 10102107 in the Department of Pollee F a 4A � : ei Division or Patrol to the Position of Police Captain (Insert Ono): CONTINGENT PERMANENT (Insert One) : PROMOTION (Insert One) : at the: FLAT jEnter Starting Salary) : Starting Salary of $75,223 Schedule "A" LAST JOB TITLE Police Lieutenant NAME Michael J. McCarthy LAST DEPARTMENT Police DATE 10100 ADDRESS 745 Bennett Road LAST SALARY $66,315 CITY & ZIP Angola, NY 14006 LAS 4 DIGITS OF SSN. XXX -XX -6373 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SS X - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST" 4 DIGITS OF SSN. XX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN_ XXX - X X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG_ CODE 12003001411001 TITLE CODE NO 2260 BUDGET ACCT. OBJ. 12003001 411001 PROJ, PERSONNEL REQ. NO 2007 -67 ID SALARY RANGE OF POSITION $75,223 - $75,223 PER YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: H. McCarthy Gipson TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: 10/10/07 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TU: CtTY CLERK ONfflEFORE APPOINTMENT p TE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICE5ICIVIL SERVICE #7- B uncEr N #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of 1lte Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of apppintment(s) or promotion(s), I further cerbry that the person(s) named in Schedule "A' have been. certified or approved by the Human Resources Civil Service for the Appointment Effective: 10102107" in the DrPar"ent of Police Division of Patrol In the Position of Police Lieutenant (Insert One): CONTINGENT PERMANENT (Insert One) - PROMOTION (Insert One) : at the: FLAT ifinter Starting Salary) : Starting Salary of $65,316 Schedule "A" LAST JOB TITLE Detective NAME James W. Panus LAST DEPARTMENT Police DATE 03106 ADDRESS 296 Westbrook Drive LAST SALARY $59,909 CITY & ZIP Cheektowaga, NY 14225 LAST 4 DIGITS OF SSN. XXX -XX -2977 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX-- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12003001411001 TITLE CODE NO 2240 BUDGET ACCT. OBJ. 12003001 411001 PROJ. PERSONNEL REQ- NO 2007 -76 ID SALARY RANGE OF POSITION $66,315 - $66,316 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM ...... ... .. . NAME OF APPOINTING AUTHORITY: H. McCarthy Gipson TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: 10110/07 SIGNATURE OF APPOINTING AUTHORITY: - ORIGINAL + 3 COPIES TO: CITY CLERK ONIp POR(r APPOINTMENT HATE OTHER COPIES T12: #5- COMPTROLLER W HUMAN SERVICE 1 IVIL SERVICE #7- BUDGET \k\U #3 (Rev 1 -02) Certificate of Appointment In compiianec with provisions of Section 24 -2 of the Charter and Chapter 35 -t of the Ordinances of the City of Buffalo, i transmit this certification of appointment(s) or promulion(s), 1 further certify that the person {s) named in Schedule "A" have been certified or approved by the Iluman Rcsorwe,WC' ivil Smice for the Appointment Effective: 10102107 in the Department of Police Division of Patrol 0 to the Position of Detective (Insert One) : PERMANENT (Insert One) : PROMOTION (Insert Onc) : at the: FLAT (Enter Starting Salary) : Starting Salary of: $59,909 Schedule °A" LAST JOB TITLE Contingent Perm Detective NAME Leo McGrath LAST DEPARTMENT Police LATE 05107 ADDRESS 11420 Renee Court LAST SALARY $59,909 CITY & ZIP Marilla, NY 14102 L 4 DIGITS OF SSN. XXX -XX -5701 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAS 4 DIG OF SSN. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. X - XX- LAST JOB TITLE. NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, X - X X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12001001411001 TITLE CODE NO 2132 BUDGET ACCT. OBJ. 12001001 411001 PROJ. PERSONNEL REO. NO 07 - ID SALARY RANGE OF POSITION $59,909 - $59,909 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM NAME OF APPOINTING AUTHORITY: H. McCarthy Gipson TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: '10110107 SIGNATURE OF APPOINTING AUTHORITY: 5 i/1'� ORIGINAL + 3 COPSES TO CITY CLERK AO TO. RE APPOINTMENT t]A7EI TNER CpPIES — #6- MP E R OLLER #6- HUMAN 1FRVIGESICIVIL SERVICE #7- t3Ut7GET t �s a3 (Rey 1 -02) Certificate of Appointment In complimace with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointrnem(s) or prumo#ion(s). I further certify that the pemon(s) named in Schedule "A" have been certified or approved by the H¢Fnan Resources/Civil Service for the Appointment Effective: 10102107 itt the 17epartmont of Police Division of Patrol to the Position of Detective (Insert One) : PERMANENT (Insert One) : PROMOTION (Wert one): at tire: FLAT tF,'ntcr Starting Salary) : Starting Salary of: $59,909 Schedute "A" LAST JOB TITLE Contingent Perm Detective NAME Michael G. Keane LAST DEPARTMENT Police DATE 01107 ADDRESS 94 South Transit Hill Drive LAST SALARY $69,909 CITY & ZIP Depew, NY 14043 LAST4 DIGITS OF SSN. XXX -XX -1338 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. X XX XX - LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. X XX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12001001411001 TITLE CODE NO 2132 BUDGET ACCT, OBJ. 12001001 411001 PROJ. PERSONNEL REQ. NO 07 - ID SALARY RANGE OF POSITION $59,909 - $59,909 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: H. McCarthy Gipson TITLE OF APPOINTING. AUTHORITY: Commissioner of Police ^� DATE: 10110/07 SIGNATURE OF APPOINTING AUTHORITY: Pn e- ORIGINAL + 3 COPIES TO CITY CLERK (ON! EFQRr APPOINTMEhFT DATE) ._ COMPTROLLER #6- FiUMAN SERVICES1CiVIL SERVICE #7- BUDGET ##3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s), I further certify that the person(a) named in Schedule "A" have been certified or approved by the Hun :an RC5nkucc%/Civi1 Service for [he L Appointment Effective: 10102/07 {hpq, 4 Ka in the Department of Police ,; ' 3 Division of Patrol to the Position of Detective (Insert One) : CONTINGENT PERMANENT (Insert One) : PROMOTION (Insert One) : at the: FIAT (F...nter Starting Salary) : Starting* Salary of', $59,909 Schedule "A" LAST JOB TITLE Police Officer NAME Nicholas A. Mourgas LAST DEPARTMENT Police DATE 07196 ADDRESS 7325 Ward Road LAST SALARY $57,978 CITY & ZIP Wheatfield, NY 14120 LAST 4 DI OF SSN. XXX -XX -2744 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, X XX - LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -X LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS IAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE; ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12001001411001 TITLE CODE NO 2132 BUDGET ACCT. 0I3J. 12001001 411001 PROJ. PERSONNEL REQ. NO 07 -06 ID SALARY RANGE OF POSITION $59,909 - $59,909 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: H. McCarthy Gipson Commissioner of Police DATE: 1 0/10/07 7 SIGNATURE OF APPOINTING AUTHORITY: 2r ORIGINAL + 3 CQPIES TQ CITY CLERK (ONIHF RE APPOINTMENT DATEI OTHER COPIES 70: #5- GQMPTRQLLER #6- HUMAN SERVlCESlCIVIt SERVICE #7- BUDGET DIV .�= C TY OF BUFFALO DEPARTMENT OF POLICE 11, McCarthy Gipson 74 Franklin Street Commissioner of Police Buffalo, NY 14202 -4099 Phone: (716) 851 -4444 November 5, 2007 Con2mon Council 1348 City Hall 65 Niagara. Square Buffalo, NY 14202 W. IJtilizing the Buffalo Special Police to Assist with Quality of Lire Problems Res. ##103 CCP September 18, 2007 Dear Common Council: Thant: you Im inviting our Department's comments on the above - referenced Resolution. Please be advised that consideration of an endorsement of the Buffalo Special Police by the Buffalo Police Department will be revisited at such time the following issues of concern are rectified: I . Buffalo Special Police members are claiming peace officer status, as well as offering classes to obtain peace officer status at a cost of one thousand dollars (,$1,000.00), when certification can only be attained through I)CJS as per the Penal Law of the State of New York. 2. By way of our April 4, 2007 correspondence to the Council, we provided a copy of the Certificate of Liability Insurance provided by the Buffalo Special Police which complied with Section 13 -20 of the Buffalo City Charter. However, we further advised that pursuant to our January 30, 2007 (inadvertently referenced as January 31, 2007) correspondence, the Buffalo Special Police should be required to execute an indemnification clause. To date, we have not received the executed indemnification clause, a copy of which is enclosed, as well as the aforementioned correspondence, for your convenience. 3. The Buffalo Special Police uniform presents too much like the Department's uniform, and is thus deceptive. 4. The Buffalo Special Police have engaged in the enforcement of activities beyond their scope, i.e. conducting searches and detaining people without just cause or due process. If You have any questions, please contact the undersigned. Very trul y ours, REFEPMED TO TH COMM ITTE E ON EGI , TI NA 11. McCarthy Gi,Lfson Commissioner of Police cc: Alisa A. L,ukasiewicz, Corporation Council P r , + T►`r�tT r1 Q T TL"T�'+ AL0 = .�. r� t DEPARTMENT OF POLICE e�Fao� {� H. McCarthy Gipson 74 Franklin Street Commissioner of Police Buffalo, NY 14202 -4099 Phone: (716) 851 -4444 April 4, 2007 Common Council. 1308 City Hall 65 Niagara Square Buffalo, New York 14202 R Certificate of Insurance I Buffalo Special Police Dear Common Council, Enclosed please find the Certificate of Liability Insurance provided by the Buffalo Special Police, which names the City of Buffalo as an additional insured. On its face, this Certificate of Insurance complies with the Section 13 -20 (g) of the Buffalo City Charter. Please be advised that as discussed in my January 31, 2007 correspondence, is our Department's position that the Buffalo Special Police should be required to also execute the indemnification clause attached to that correspondence. Enclosed please find a copy of said indemnification clause. Thank you again for inviting our Department's comments on this matter. Very truly yours, H. McCarthy G 'son Commissioner of Police cc: Alisa A. Lukasiewicz, Corporation Counsel X 40 �I� C`..TTV OF BUFFALO ' 3 � ' � ' •' DEPARTMENT OF POLICE J d �`FA L0 H. McCarthy Gipson 74 Franklin Street Commissioner of Police Buffalo, NY 14202 - 4099 Phone: (716) 851 -4444 January 30, 2007 HAND-DELIVERED ) vc co Common Council 1308 City Hall 65 Niagara Square Buffalo, New York 14202 Re: "J. Golombek — Special. Police Insurance" ( #58 CCP Jan. 23, 2007) Dear Common Council, Thank you for inviting our Department's comments on the above legislative item. Please be advised that our Department just received the Council's request for comments on Friday, January 26, 2007, In the interest of submitting thoroughly researched comments, prior to submitting the same, I often seek input from police personnel who serve our Department in different capacities. Thus, in the future, our Department respectfully requests at least two weeks notice for the submission of our comments. Concerning the issue of insurance for the Buffalo Special Police ('BSP" ), our Department advises that pursuant to Section 13-20 1(g) of the City Charter, one of the Officers of the BSP organization, such as the Chief, must be required to execute the attached indemnification provision. Further, we recommend that the BSP's insurance policy also name the City of Buffalo and the City of Buffalo Police Department as additional insureds. Enclosed please find a copy of Section 13-20. Thank you again for inviting our Department's comments on this matter. Very truly yours, Y . H. McCarthy Gipson Commissioner of Police The Buffalo Special Police hereby agree to hold harmless and indemnify the City of Buffalo, its officers and employees, including the City of Buffalo Police Department, for any and a ll claim(s), liability and/or loss, including both personal in nature and property, arising directly or indirectly from the action ($) Buffalo of the Buffalo Police Officer, whether or not such action(s) is within the p o the du Special Police, as set forth in the Buffalo City Charter. This indemnification bears no monetary limitation. Dated= Print Name and Position: Buffalo Special Police Signature= Buffalo Special Police 22 FROM THE CORPORATION COUNSEL SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 8, 2007 FROM: DEPARTMENT: LAW SUBJECT: (: Contract for Design and Implementation of Office- (: Wide Records Management Solution PRIOR COUNCIL REFERENCE: (IF ANY) (: Ex. Item No. xxx.C.C.P.xx/xx/xx TEXT: (TYPE SINGLE SPACE BELOW) Attached is a proposed contract with Iron Mountain Information Management, Inc. for the design and installation of an Office -Wide Records Management System within the Department of Law. The contract is for a fixed price of Forty -Seven Thousand Three Hundred and Fifty Dollars ($47,350.00) and was the lowest responsible bid received in response to the RFP process on September 5, 2007. The contract includes the following services: (1) packing documents into safe and secure cartons, which accurately describe the records and categorize documents into eight transactional divisions within the Law. Department, (2) individually indexing each litigation case file within the Law Department's front office /case management system and (3) establishing procedures to manage the records on a "going forward" basis. The expenditures contemplated by the proposed contract will be funded with NYS Aid Incentive to Municipalities (Efficiency Grant) funds (24310556 450000) should this contract be approved by your Honorable Body. TYPE DEPARTMENT HEAD NAME: ALISA A. LUKASIEWICZ TYPE TITLE: Corporation Counsel fr y SIGNATURE OF DEPARTMENT HEAD.-,/ 1 4 1 This CONTRACT, entered the 1 st day of November, 2007, by and between The CITY OF BUFFALO, a municipal corporation of the State of New York, having its principal offices at City Hall, 65 Niagara Square, Buffalo, New York 14202 (hereinafter the "City "); and IRON MOUNTAIN INFORMATION MANAGEMENT, INC. a business corporation organized under the laws of the State of Delaware, having a local offices at 110 Bailey Avenue, Buffalo, N.Y. 14220, (hereinafter the "CONTRACTOR ") WITNESSETH Whereas, the CITY issued a Request for Proposals, attached hereto and incorporated herein as EXHIBIT A, as though fully set out in this place, seeking proposals for a Design and implementation of Office -Wide Records management Solution; and Whereas the CONTRACTOR submitted a response to said request for proposals, dated September 5, 2007, attached hereto and incorporated herein as EXHIBIT B, as though fully set out in this place; and, WHEREAS, the CITY determined that the CONTRACTOR's proposal meets the requirements of the CITY at the lowest cost to the taxpayers of the City of Buffalo under all the circumstances; NOW, THEREFORE, in consideration of the mutual agreements set forth below the parties agree as follows: The CONTRACTOR shall consolidate the CITY's current records to a records management program. This includes working within the existing framework of record keeping and building on it. This includes packing documents into safe and secure cartons, accurately describing records, categorizing documents into eight transactional divisions within the Law Department, individually index each litigation case file within our front office /case management system and establish procedures to manage the records on a "go forward" basis. In accordance with the CITY's Request for Proposals and the CONTRACTOR's response thereto, CONTRACTOR will perform the work at a fixed price of Forty Seven thousand Three Hundred and Fifty Dollars and no cents ($47,350.00) for the quantities set forth in this Agreement; q "gig 2. The CONTRACTOR shall perform the following work for the CITY; A) Assessment and Design of records management program phase 1. organizing storage volume in Law Department of: i, Approximately 800 cartons stored on site ii. Approximately 500 linear feet of loose documents or open shelf stored on site iii. Approximately 150 filing; cabinets (4 drawer vertical on site) iv. Approximately 600 litigation files to be individually . indexed. into our front office /case management system 2. Creating transmittal templates for each transactional division to establish a consistent means of capturing descriptive information 3. Using templates to capture carton descriptions from the face of the cartons B) Procurement and project management phase 1 establish a miscellaneous area for contents that cannot be identified for more in depth review 2- transfer file cabinet contents into standard records management cartons and entered into storage work flow established by vendor 3- Loose files will be packed into standard records management cartons and entered into storage work flow established by vendor C) Deployment & Training phase 1- Once all the documents are retrieved, indexed and packed into cartons, there will be approximately 3,000 cartons that will be bar coded and consolidated to the centralized storage area and placed on shelving units 2- Documents earmarked for destruction will be removed by vendor and securely shredded in accordance with The State Education Department Records Retention and Disposition Schedule MU -1, Section 18 5.11, 8NYCRR. 2 3- Existing litigation files will be keyed /placed into the front office case management system identifying case name and attorney assigned to case 4- All carton descriptions will be keyed into an Excel database and submitted to the Law Department 3. The CONTRACTOR shall commence work immediately upon final execution of this contract and the final delivery of contract to CONTRACTOR by CITY; and CONTRACTOR shall complete all work within sixty days of commencement or until the Case Management system comes on -line. 4. PAYMENT. The CITY shall pay the CONTRACTOR a sum not to exceed Forty Seven thousand Three Hundred and Fifty Dollars and no cents ($47,350.00). CONTRACTOR shall be paid upon itemized invoices delivered pursuant to paragraph 15 of this contract. 5. INDEMNIFICATION. The CONTRACTOR agrees to defend, indemnify and hold harmless the CITY against any and all claims arising from the negligence of the CONTRACTOR, it employees, officers, subcontractors, agents or assigns in the performance of this agreement. Nothing contained herein shall affect Iron Mountain's limitation of liability in the event of loss or destruction of, or damage to, materials as set forth elsewhere in this Agreement. 6. INSURANCE. The CONTRACTOR agrees to maintain in full force throughout the period of this contract liability insurance in the following types and amounts: Commercial General Liability Insurance coverage in the aggregate sum of $1,000,000 Automobile Liability Insurance, including owned, non -owned and hired auto coverage in the aggregate sung of $1,000,000; Excess Liability Insurance in the aggregate sum of $2,000,000; and Workers Compensation Insurance in New York statutory form. The CONTRACTOR agrees to include the CITY as an additional named insured on its policies of General Liability and Automobile Liability, and further agrees to produce certificates of insurance evidencing each required coverage prior to commencement of work pursuant to this Contract. 7. NON ASSIGNMENT, This Contract anticipates the particular services of the CON'T'RACTOR, and CONTRACTOR shall not assign, transfer or otherwise dispose of this contract, or its right title or interest therein, to any person, firm or corporation of any nature, except that moneys due to the CONTRACTOR and approved for payment by the CITY may be assigned by it to any bank or financial institution that renders financial assistance to the CONTRACTOR on this work. 8. NON - DISCRIMINATION. In accordance with section 220 -e of the New York State labor Law, if this contract is for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within New York State, the CONTRACTOR agrees that neither it nor its sub - contractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring or promotion any individual who is qualified and available.to perform the work; or (b) discriminate against or intimidate an employee hired for the performance of work under this Contract. 9. MAINTENANCE OF RECORDS. The CONTRACTOR shall keep and maintain, all books, documents, papers and other evidence, including electronic records, directly pertinent to the performance of work under this Contract in accordance with generally accepted accounting principles. The CITY and its Comptroller shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying for a period of six (6) years following final payment or the termination of this Contract, whichever is later, and extensions thereto. "Ten of the Contract" as used in this section shall mean the letter of completion of the work of the Contract or the end date of the tern of the stated in the contract. 10. MBE/WBE GOALS. In addition to the conditions as specified in the Request for Proposals related to the employment of Minorities and Women, the CONTRACTOR shall, use its best efforts to comply with the New York State Requirements pertaining thereto. The goals established for this contract are: 25% MBE; 6% WBE and 10% EEO. 11. LIVING WAGE. The City of Buffalo Living Wage Ordinance requires that employers holding service contracts with the CITY having a value in excess of $50,000 and employing more than 10 employees shall pay the living wage of $9.03 per hour with health insurance or $10.15 per hour without health insurance. 12. APPLICABLE LAW. This contract shall be interpreted under the Laws of the State of New York. Venue for any controversy arising under this Contract shall be in the County of Erie, State of New York. 4 13. ENTIRE AGREEMENT. This Contract shall be the entire agreement between the parties. Interpreting this Contract any inconsistencies shall be resolved as follows: first priority shall be given to this Contract document and the Iron Mountain Addendui ,second priority shall be given to EXHIBIT B; third priority shall be given to EXHIBIT A. 14, AMENDMENT. This Contract may not be amended unless such amendment is agreed in writing and signed by both parties. 15. NOTICES: All notices required or permitted under this CONTRACT shall be hand - delivered or sent to the appropriate party by first class mail, postage paid or by overnight carrier to the following address: To the City. Alisa Lulcasiewicz Corporation Counsel City of Buffalo 1201 City Hall 65 Niagara Square Buffalo, NY 14202 To the Contras #or: Iron Mountain Information Management, Inc. 110 Bailey Road Buffalo, NY Attn General Manager With a copy to: Iron Mountain Information Management, Inc. 745 Atlantic Avenue Boston, MA 02111 Attn: Director of Contracts Either party may, from time to time, designate by written notice pursuant to this section and other address or representative to which such notice or communications should be sent. 16. ENTIRE AGREEMENT: The CONTRACT contains the entire agreement of the parties and there are no other promises or conditions in any other agreement either oral or written. This CONTRACT supersedes any prior written or oral agreement between the parties. 17. SEVERABILITY: If any provision of this CONTRACT shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable_ If a court finds that any provision of this CONTRACT is invalid or unenforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 14. WAIVERS: The failure of either party to enforce any provision of this CONTRACT shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this CONTRACT. 19. APPLICABLE LAW: This contract shall be governed by the Jaws of the State of New York. Venue for any actions or proceedings arising out of this contract shall be in the County of Eric, State of New York. 20. CONTRACT EXECUTORY: This contract shall be executory only to the extent that funds are appropriated and made available for the purposes herein, and the City of Buffalo shall have no liability in excess of or beyond such moneys appropriated and made available Da ted: Dated CONTRACTOR CITY OF BUFFALO IRON MOUNTAIN INFORMATION BY: MANAGEMENT, INC. AD TO THE CONTRACT lDATED NOVEMBER 1, 2007) Between City of Buffalo ( "City ") and IRON MOUNTAIN INFORMATION 4IANAGEMENT, INC. ("Iron Mountain" or "Contractor ") (the "Agreement ") This Addendum is hereby entered into by the City and Contractor as of this I st day of November, 2007 and amends the following service agreements pursuant to which Iron Mountain provides information management and storage services to the Customer Contract — effective November 1, 2007 The parties agree that the following terms shall supplement the terms of the Agreement. In the event that any terms and conditions contained herein are in conflict with the terms and conditions set forth in the Agreement, the terms and conditions set forth in this Addendum shall be deemed to be the controlling terms and conditions 1. Limitation of Liability. Contractor's maximum liability with respect to services not related 'to storage is the amount paid by City for a discrete project or, if the loss is related to service of an ongoing and continuing nature, six (6) months of fees paid by City for such service. With respect to services not related to the storage of Deposits, Contractor shall not be liable for any loss or default unless such loss or default is due to the negligence of Contractor. 2. No Consequential Damages, etc. In no event shall either party be liable for_any consequential, incidental, special or punitive damages, regardless of whether an action is brought in tort, contract or any other theory. 3. Destruction of Deposits. City releases Iron Mountain from all liability by reason of the destruction of Deposits pursuant to City's written direction. Except for those Deposits that City specifically identifies in writing as not containing consumer information (as defined in 16 CFR Section 682.1) or personal data, all other materials will be destroyed by shredding, except for media that may be destroyed by pulverizing or incineration. 4. Ownership Warranty. City warrants that it is the owner or legal custodian of the records and has full authority to store the records and direct their disposition in accordance with the terms of this Agreement. City shall reimburse Contractor for any expenses reasonably incurred by Contractor (including reasonable legal fees) by reason of Contractor's compliance with the instructions of City in the event of a dispute concerning the ownership, custody or disposition of records stored by City with Contractor. 5. Restrictions on Records/Material; City Premises. City shall not store with Contractor nor deliver to Iron Mountain for secure shredding any material that is highly flammable, explosive, toxic, radioactive, medical waste, organic material which may attract vermin or insects, or otherwise dangerous or unsafe to store or handle, or any material which is regulated under any federal or state law or regulation relating to the environment or hazardous materials. City shall not store negotiable instruments, jewelry, check stock or other items that have intrinsic value. All City premises where Contractor's employees perform services or make deliveries hereunder shall be free of hazardous substances and any other hazardous or dangerous conditions. Extent as expressly amended herein. all other terms and conditions of the Agreement shalt remain in full force and effect. City of Buffalo By: (Signature) Title: Date: Iron Mountain Information Management, Inc. By. (Signature) Title: Date: Approved as to Form and Legal Content: Iron MOUDtain Legal Department 1 � 2 * - Name: Richard Egan 1 6.31.07 2 CITY OF BUFFALO DEPARTMENT OF LAW "1 City of Buffalo's Department of Law Mayor Byron W. Brown Request for- Proposals Design and Implementation of .Offloe -Wide Records' Management Solution Issue Date: Monday,-July 30, 2007 Pre - Proposal Conference: Monday, August 13, 2007 Due Date: Wednesday September 5.,200'7 at 11:QO a.m. Table of Contents 1.0 Introduction, Purpose and Funding 2.0 General Instructions 3.0 E1911 2.1 General Invitation 2.2 Schedule 2.3 Pre - Proposal Conference 2.4 RFP Review, Additional Information and Questions 2.5 Addenda and Modifications 2.6 Proposal Format 2.7 Required Content 2.7.1 Cover Letter 2.7.2 Company Profile 2.7.3 Solution Description 2.7.4 Deployment Plan 2.7.5 Dedicated Resources 2.7.6 Detailed Costs 2.7.7 Potential Synergy Benefits to Other Cityof Buffalo IT Initiatives Evaluation and Selection Process 3.1 Evaluating - Proposals 3.2 Evaluation Criteria 3.3 Vendor Selection Requests for Proposal General Requirements 41 Contract and Bond 4.2 Certificate of Non - Collusion 4.3 City's Rights 4.4 Interest of Members of City 4.5 Affirmative Action Statement 4.6 Non - Discrimination 4.7 Insurance 4.8 Transfer of Interest 4.9 Compliance Requirements 4.10 General Compliance 4.11 Performance Monitoring 4.12 Independent Contractor 4.13 Hold Harmless 4.14 Accounting Standards 4.15 Retention of Records 4.16 Inspection of Records 4.17 Living Wage Policy 4.18 Applicable Law N) 4.19' Conflict of Priority 4.20 Ownership of Materials 4.21 Termination 4.22 Prime Contractor Responsibility 4.23 Disclaimer 4.24 Publicity 4.25 Vendors Restricted 4.26 MBEMIBE Plan 4.27 Copyright and Patent Rights Figure 1: Form 2A- Bidders Affirmative Action Statement Figure 2: Living Wage Commissioner Application for Contract With the City of Buffalo Figure 3: Regulations for Entering Formal Proposals 3 °�,�. Introduction, Pun case and �undir� The City of Buffalo, Law Department, wants to consolidate the current records to a comprehensible records management program. This includes working within the existing framework of record keeping and building can it. This includes packing documents into safe and secure cartons, accurately describing records, categorizing documents _into eight transactional divisions within the Law Department, individually index . each litigation case file within our front office /case management system and establish procedures to manage the records on a go forward basis. The Department of Law is seeking alternatives to its current in -house records management program in order to - accurately account for records; Consolidate records to a central on site repository; - establish a process whereby records can be accessed timely and audited for compliance; - Confidentially destroy business records within legal requirements; - capture active litigation files within our front office /case management system - Secure off -site shredding for selected records This RFP is funded through a New York State Efficiency Grant, which has been awarded to the City of Buffalo and approved bythe Buffalo Fiscal Stability Board. 2.0 ­ gen era l I ns t ruc t ions 2.1 General Invitation The Law Department invites Respondents to submit written proposals to assist it in assessing its records management program to evaluate its current state. Firms with extensive experience in helping large Municipal Law departments handling a diverse case and task load in operating on .a more efficient level are encouraged to respond. Furthermore, it is, mandatory that your prior records management experiences has included the following responsibilities and will serve our s by: 1. Providing supplies and equipment such as cartons, PC workstation, carts and other necessary materials for the undertaking 2. Assisting storage volume in Law Department of: - Approximately 800 cartons stored on site 4 - Approximately 500 linear feet of loose documents or open shelf stored on site - Approximately 150 filing cabinets (4 drawer vertical on sits) - Approximately 600 litigation files to be individually indexed into our front office /case management system 3. Creating transmittal templates for each transactional division to establish a consistent means of capturing descriptive information 4. Using templates to capture carton descriptions from the face of the cartons 5. If no information is readily available on the face of the cartons, the contents will be evaluated to determine ownership and descriptive information 6, establishing a miscellaneous area for contents that cannot be identified for more in depth review 7. filing cabinet contents will be packed Jnto - standard records management cartons and entered into storage work flow established by vendor 8. Loose files will be packed into standard records management cartons and entered into storage work flow established by vendor 9. Once all the documents are retrieved, indexed and packed into cartons, there will be approximately 3,000 cartons that will be bar coded and consolidated to the centralized storage area and placed on shelving units 10. Documents earmarked for destruction will be removed by vendor and securely shredded 11. existing litigation files will -be keyediplaced into the front office case management system identifying case name and attorney assigned to case 12. Al! carton descriptions will be keyed into an Excel database and submitted to the Law Department In addition,. firms who' can demonstrate prior responsibility for implementing records managemet systems are preferred. The Project Manager is David Rodriguez, Senior Deputy Corporation Counsel. The Project sponsor is Alisa Lukasiewicz, Corporation Counsel for the City of Buffalo. 5 The Department will receive proposals addressed to the following by Wednazday, September 5, 2007 at 11.00 a.m. The front of your envelope must be labeled: Law Dept. Design and Implementation of Office -'amide Records Management Solution Director Kathleen Fitzpatrick Purchasing Division 65 Niagara.Square, Room 1901City Half Buffalo, NY - 14202 Proposals are solicited in accordance with the terms, conditions and instructions as set forth in this RFP, No proposals will be accepted after the stated 'dead I ine, and the Department reserves the right to reject any or all proposals or to accept any proposal or portion of a proposal deemed to be in the Department's best interest. Any material misrepresentation made by a Respondent may void the Proposal and eliminate the Respondent from further consideration. Any proposal that is based upon violation of law, ordinances, or statues will be deemed Non - Responsive and eliminated from this competition regardless of any other considerations. 2.2 Schedule Listed below are important target dates and relevant times by which actions related to . this RFP should be . completed.. Note, that these target dates are subject to change by the Department and in coordination'with the. Selected Vendor. EVENT DATE Issuing of RFP July 30, 2007, 3pm Pre- Proposal Conference August 13, 2007 10 -12pm VVritten Questions from Respondents Due August 20, 2007 3PM Responses to Questions posted on City website August 24, 2007 3pm Proposals Due September 4,2007 11:00pm Oral Presentations September 10- 13,2007 Anticipated Award of contract September 17, 2007 Contract Signed' September 27, 2007 Assessment complete November 5,2007 Implementation complete December 7, 2007 2.3 Pre -Pro osal Conference There will be a Pre - Proposal Conference on Monday, August 13, 2007, from 10:00 a.m. until 12:00 noon at 55 Niagara Square, Room 209 City Hall, Buffalo, NY 14202. G It will be assumed that Respondents attending this meeting have reviewed the RFP in detail and are strongly encouraged to be prepared to raise any substantive questions at that time. 2 .4 RFP Review Additional Information and Questions Each Respondent will carefully examine all RFP documents and thoroughly familiarize themselves with all requirements prior to submitting a proposal to ensure that the Proposal meets the intent of this RFP. Before submitting a proposal, each Respondent will be responsible for making all investigations and examinations necessary to ascertain conditions and requirements affecting the requirements of this RFP. Failure to make such investigations and examinations will not relieve the Respondent from the obligation to comply, in every detail, with all provisions and requirements of the RFP. Respondents must communicate ' only with the Purchasing Division. All questions, requests for clarification or additional information must be in writing and sent by email to LAW RFP@a ch.ci.buffalo.ny.us and must be received no later than Monday August 20, 2007 3PM. Questions received from all Respondents will be answered and shared with all respondents via the City's website (Www.city-buffal.o.com/LAW on Friday August 24, 2007 3pm. 2.5 Addenda a nd Modifications All addenda,, amendments, and interpretations to this solicitation will be in writing and e- mail as.well as posted on the City's website at www.city- buffalo.com /LAW RFP. Only information supplied by the Department in writing or in this RFP should be used in preparing proposal responses.. All other contacts that a Respondent may have had before or after receipt of this RFP with any individuals, employees, subcontractors, consultants or representatives of the Department and any information that may have been read in any news media .or seen or heard in any communication facility regarding this RFP should be disregarded in preparing responses. The Department does not assume responsibility for the receipt of any addendum sent to Respondent. If it becomes necessary to revise or expand upon any part of this RFP, an addendum will be emailed to all of the prospective Respondents listed on the sign -in sheet. for the Pre - Proposal Conference as well as posted on the City's website as listed above. Each addendum is incorporated as part of the RFP documents. The addendum may include, but will not be limited to, responses to questions and requests for clarification and responses to questions and requests for clarification brought up at the Pre - Proposal Conference or by the deadline for submission of questions. 7 2.8 Proposal Format Respondents are advised to adhere to the submittal requirements of the RFP. Failure to comply with th,e instructions of this RFP may be cause for rejection of the noncompliant Proposal. Respondent must provide information in the appropriate areas throughout the RFP. Submission of a Proposal in response to this RFP constitutes acceptance of all requirements outlined in the RFP. Seven (7) proposals must be prepared on 8" X 11" letter size paper, printed double - sided, and bound on the long side. One (1) CDROM containing an Adobe Portable Document Format (PDF) version of all proposal materials should also be provided. All proposals should be electronically generated and the printed original signed in ink. Each page of the Proposal must be numbered in a manner so it can be uniquely identified. Legibility, clarity and completeness are important. The proposal must be signed by individual(s) legally authorized to bind the Respondents) and must contain a statement that the proposal and .the prices contained therein will remain firm for a period of one hundred eighty (180) days after receipt by the City. 2.7 Required Content 2.7.1 Cover Letter A person authorized to make the commitments contained in the proposal must sign the cover letter. Submission of the letter will constitute a representation by the Respondent that it is willing and able to perform the commitments contained in the proposal. The cover letter must explain the Respondent's understanding of the City's intent and objectives and how the Respondent's Proposal would achieve those objectives. it must discuss the Respondent's plan for implementing and monitoring the RFP services, approach 'to project management, strategies, tools and safeguards for ensuring performance of all required services, equipment, software and firmware considerations, training and ongoing support, and any additional factors for the Department's consideration. 2.:7.2 Company Profile Respondent must also submit a brief description of Respondent's firm, which will include: 1. Name, mailing address, email address, telephone number and fax number of the primary contact person for firm; 8 2. A brief description of firm, including the number of years in business, major business lines, major mark ©ts served, company history, relevant operating segments, primary vision and strategy, number of employees, office locations and any Joint Venture Partners; 3. Respondent must furnish a resolution or some other form of authority, signed by a Chief Executive Officer, Corporate Secretary, or managing partners, which lists the specific officers who are authorized to execute agreements on behalf of the Respondent; 4. Financial details demonstrating your firm's financial capacity to undertake and complete the project as proposed statements 5 Respondent must provide client references, preferably at least three (3), on contracts of similar scope and magnitude as described in this RFP, performed by your firm including client, reference and telephone numbers, client staff members who worked on each project, budget, schedule and project summary. Descriptions should be limited to one page for each project. 'Experience will not be considered unless complete reference data is provided. At a minimum, the following information must be included for each client reference: a. Client name, address, contact person name, telephone, and fax number; b. Description of services provided similar to the services outlined in Section 2.7.3: Solution Description of this RFP; c. Nature and extent of Respondent's involvement as the prime contractor; d. Identify services, if any, subcontracted, and to what other company; e. Total dollar value of the contract; f. Contract term (start and expiration). The City may solicit relevant information concerning Respondent's record of past performance from previous clients, including the City of' Buffalo, or any other available sources. 6. Respondent must provide a summary of the professional qualifications and experience of all team personnel who will be dedicated to the services described in this RFP. For each person identified, describe the following information: a. Title and reporting responsibility; 91 b. Proposed role in this project, including the functions and tasks for which they will have prime responsibility (also indicate areas of secondary responsibility, if appropriate); c. Pertinent areas of expertise and past experience; d. Base location (local facility, as applicable), e. CVs and corporate personnel profiles which describe their overall experience and expertise. 2.7.3 Solution Descri tion Describe in detail how your firm has in.the past successfully completed projects where you had similar responsibilities to the twelve mandatory responsibilities that are listed in Section 2.1: General Invitation. For mandatory responsibility number 1, based upon your prior vast experience please describe in detail the typical factors that you plan around. As you are addressing the mandatory responsibilities number 2 through 12 please discuss them in the context of the three project phases: 1. Assessment and design 2. Procurement and project management 3. Deployment and training Under the assessment and design phase, cover mandatory responsibilities numbers 2, 3, 4, and 5. As part of the procurement and project management phase cover mandatory responsibilities numbers 6, 7, and S. As you are describing the deployment and training phase make sure you address mandatory responsibilities numbers 9, 10, 11 and 12. Aso, under this phase please identify your assumptions on yours and the City's Law department's roles and responsibilities. 2.7.4 De to men# Plan Respondent must include a comprehensive and detailed description of the process by which it will provide the services as described in this RFP by writing a deployment plan with tasks over a proposed period of time. Respondent will also describe the project management methodology that will be used to execute on the deployment plan. 10 All responses should, at a minimum, reference the anticipated timeline for this project. All costs should, at a minimum, reflect the ability to meet this timeline. Respondents may, in addition, provide alternative timelines to be accompanied by an explanation of variance from the periods listed. 2.7.5 Dedicated Resources Describe facilities, equipment, personnel, communication technologies and other resources available for implementing any proposed - Services. 2.7.6 Detailed Costs Describe in detail the costs associated with the proposal. Services should be itemized per task with estimated resource requirement. More specifically the city is looking for separate line item prices for each of the following: 1. A firm fixed price bid for the assessment and design phase. 2. A firm fixed price bid for the project management and coordination services portion of the procurement and project management phase. 3. A delivered and installed price for each piece of equipment/software identified as necessary in response 4. A unit price or consulting fee range for establishing programming associated management reports. To the extent necessary to meet lead -time requirements of subsequent. phases, the City may choose to authorize the procurement of those items prior to the completion of the assessment and design phase. In this regard, those items with a long lead -time that will need to be procured prior to the completion of the assessment and design phase must. be- identified within your proposal. The City of Buffalo is eligible for New York State Office of General Services pricing. Vendors may suggest the Department procures certain items separately in order to contain costs. 2.7.7 Potential %(nerg y Benefits to Other CitV of Buffalo IT Initiatives This initiative is one of nitre that the City of Buffalo is currently undertaking to improve the effectiveness of their employees and the efficiencies of their processes. The other eight initiatives are: 1. A City -wide WIFI capability that will provide a cost effective way for the field users of this initiative to be connected in real -time to the back office systems, 11 2. A new 311 Citizen's Call Center initiative, based upon Customer ,Relationship Management technology that will need to be integrated with this initiative; 3. Building inspection process modernization project; 4. A code conversion of the existing permits application that the Department uses from Hansen 7.07 to Hansen 8.07; 5. An implementation of Hansen's 8.07 licensing module using the current business process without a process redesign for the Department; 6. Red light and crime suppression surveillance cameras. 7. Fully integrated VOIP telephone system 8. front office /case management system for Law Department To the extent that you plan on responding to one or more of these RFP's where there are potential synergy benefits please discuss those benefits. The benefits discussed can be of a qualitative nature versus a quantitative value. 3.0 Evaluation and Selection Process 3.1 Evaluatino Proposals The process for selecting a winning proposal for this RFP will be an open and competitive process. An Evaluation Committee (EC) will be appointed by the Corporation Counsel and will include representatives from that department as well as technical experts from other departments of the City. In evaluating Proposals, the EC will first consider the completeness and responsiveness of the Respondent's Proposal. The RFP proposal evaluation process is as follows: The first step in the evaluation process will be a compliance review to determine that the proposal adhered to all submittal requirements requested in Section 2.7: Required Content. Proposals which are incomplete and missing key components necessary to fully evaluate the Proposal may, at the discretion of the EC, be rejected from further consideration due to "non - responsiveness and rated Non- Responsive. Proposals providing responses to all sections will be eligible for detailed analysis. Under this step, the team will review the Respondent's meeting of the mandatory items of 4.27 MBENVBE Plan, 4.8 Insurance, and 4.18 Living Wage. 12 The second step will be to review the Respondent's detailed narrative for the mandatory responsibility number 1. We expect based upon your prior vast experience in executing this type of project that you will have described in detail the typical factors that you plan around. The third step will be to review your response for the following three project phases for feasibility, completeness of design, and proven prior track record of success. 1 . Assessment and design 2. Procurement and project management 3. Deployment and training Note, within this step we will be evaluating your response to item 2.7A Deployment Plan and 2.7.5 Dedicated Resources. ln' conjunction with this step, the EC will review each respondent's core records management implementation qualifications as defined in section 2.7.2.7. The fourth step will be to evaluate your price estimate as well as potential synergy benefits to other City of Buffalo Initiatives. : The EC - may also review any other information that is available to it to determine the long -term viability of the Respondent, including but not limited to information gained by checking references and by investigating the Respondent's financial condition. The Law Department reserves the right to seek clarification of any information that is submitted by any Respondent in any portion of its Proposal or to request additional information at any time during the evaluation process. In the fifth step leading. Respondents will be invited to participate in Oral Presentations and Project Team Interviews. Based upon the detailed questions and answers the rating results arrived at from steps two through four may be adjusted. 3.2 Evaluatinn Criteria The evaluation criteria that the Department will use is based upon the Respondent demonstrating their prior 'proven expertise in assisting municipal organizations in designing and implementing a records management solution. 13 Quality of the narrative provided for mandatory responsibility 25% #1 as analyzed in evaluation process step , 2 and updated in ste #5. See, 2.1.1. ? Respondent's qualifications to perform the assessment and 20 0 % design phase work and prior track record of success as analyzed in evaluation process step 3 and updated in step #5. See, 2.1.2, 2.1.3, 2.1.4, 2.1.5, and 2.7.2.7 3 Respondent's qualifications to perform the procurement and 20% project management phase work and prior track record of success as analyzed in evaluation process step 3 and - - updated in step #5. See, 2.1.6, 2.1.7, and 2.1.8. 4 Respondent's qualifications to perform the deployment and 20% training phase work and prior track record of success as analyzed in evaluation process step 3 and updated in step. #5. See, 2.1.9, 2.1.10, and 2.7.4. 5 Price and other City of Buffalo synergy benefits. See 2.7.6 15 %' and 2.7.7. 3.3 Vend Selection Upon completion of all oral presentations and team interviews and the subsequent adjustments to each respondents' written technical score, the final ratings will be used to determine whom the City will select to enter detailed negotiations with. If two or more respondents are very close in overall score, then the City may choose Lo use a "best- and - final- offer" process to break the tie. The City will then enter into negotiations with the selected bidder. 4.0 Requests far Proposal General Requirements The General Requirements are terms and conditions that the City expects all of its Vendors to meet. By proposing the Vendor agrees to be bound by these requirements unless otherwise noted in the proposal. The Vendor may suggest alternative language to any section. Some negotiation is possible to accommodate Vendor's suggestions. 4.1 Contract and Bond The successful bidder will be required to enter 'into a contract and furnish a bond guaranteeing the faithful performance of the contract in the penal amount of the contract price, such bond to be executed by the bidder as principal, and by a duly incorporated company authorized to do business in the State of New York as surety. Said bond to be approved by the Corporation Counsel as to form and by the Comptroller of the City of Buffalo as to. sufficiency of the bond. The amount of the performance bond shall be based on the total amount of the contract. 14- Alternatives to Performance Bond. Where the cost of the contract does not exceed two hundred fifty thousand dollars ($250,000), the head of the City Agency charged with the execution of the contract may, in his or her discretion, waive the requirement of a performance bond and authorize instead the submission of a certified check, bank draft or letter of credit in the amount of fifty percent (50 %) of said cost. Where the cost of the contract exceeds two hundred fifty thousand dollars ($250,000), the Common Council may, upon the recommendation of the department head of the city agency charged with execution of the contract, waive the requirement of a performance bond and authorize instead the submission of a bank draft, certified check or letter of credit in the amount of .fifty percent (50 %) of such cost. 4.2 Certificate of Non - Collusion An Executed copy of the attached Non - Collusion Certificate, Figure 4, must accompany the proposal. By submission of 'a proposal each bidder, and each person signing, on behalf of any bidder, certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: 1.) The prices in the proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to. any matter relating to such prices with - any other bidder or competitor; 2) . Unless otherwise required by law, the prices Which have been quoted in this proposal .have not been knowingly disclosed by the bidder and will not be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or competitor; 3) No attempt has been made or Will be made by the bidder to induce any other person, partnership or corporation to submit a bid for the purpose of restricting competition. 4.3 Citv's Rights The City reserves the right to reject any or all proposals or parts of proposals, to accept part or all of proposals on the basis of considerations other than lowest cost and to create a project of lesser or greater expense and reimbursement than described. in this Request for Proposal or the Vendor's reply'based on the component prices submitted. 4.4 Interest of Members of Cit The contractor agrees that no member of the governing . body, officer, employee or agent of the City shall have any interest, financial or otherwise, direct or indirect, in the Contract. 15 4.5 Affirmative Action Statement Contractor agrees to comply with the provisions of all applicable federal, state and City of Buffalo statutes, ordinances and regulations. pertaining to civil rights and nondiscrimination 'including, without limitation, Buffalo City Charter, Chapter 96, incorporated herein by reference. 4.6 Non- Discrim! nation The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, sex, national origin, affection preference, disability, age, marital status or status with regard to public assistance or as a . disabled veteran or veteran or the Vietnam era. Such prohibition against discrimination shall include, but not be limited to, the fallowing: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of . pay or other forms of compensation and selection for training, including apprenticeship. The contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City, . setting forth this nondiscrimination clause. In addition, the Vendor shall, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, ancestry, sex, national origin, affectional preference, disability, age, marital status or status with regard to public assistance or status as disabled veteran or veteran: of° the Vietnam era, and comply in all other aspects with the requirements the Buffalo Code of Ordinances. 4.7 ' Insurance Insurance secured by the Contractor shall be issued by .insurance companies acceptable to the City and admitted in New York State. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the contract and shall remain continuously in force for the duration of the contract. The Contractor and its sub - Vendors shall secure and maintain the following insurance: a) Workers Compensation insurance in- New York statutory form. b) Commercial General Liability insurance'with limits of at least $500,000 general aggregate, $500,000 products - completed operations $500,000 personal and advertising injury, $500,000 each occurrence $50,000 fire damage and $5,000 medical expense any one person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. 16 c) Commercial Automobile friability insurance covering all ov /ned, non -owned and hired automobiles with limits of at lust $500,000 per accident. Professional Liability Insurance or Errors & Omissions insurance providing coverage for 1) the claims that arise from the errors or omissions of the Contractor or its sub- Vendors and 2) the negligence or failure to render a professional service by the Contractor or its sub - Vendors. The insurance policy should provide coverage in the amount of $2,000,000 each occurrence and $2,000,000 annual aggregate. The insurance policy must provide the protection stated for three years after completion - of the work. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on a City- approved Insurance Certificate. A thirty (30) date written notice is required if the policy is canceled, not renewed or materially changed. The Contractor shall require any of its sub - contractors, if sub - contracting is allowable under this contact, to comply with these provisions. 4.8 Transfer of Interest The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same either by.assignment or innovation without the prior written approval . of the City, provided, however, that claims for money due or to income due to the contractor may be assigned to a bank, trust company or other financial institution, or to a Trustee in Bankruptcy without such approval. Notice to any such assignment or transfer shall be furnished to the City. The Contractor shall not subcontract any services under this contract without prior approval of the City or designated herein. 4.9 Compliance Re uirements All Vendors hired by the City of-.Buffalo are required to abide by the regulations of the Americans with Disabilities Act of 1990 (ADA) which prohibits discrimination against individuals with disabilities. The contractor will not discriminate against any employee or applicant for employment because of the_ it disability and will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practice_ s include but are not limited to the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, discharge, - compensation and fringe benefits, classification, referral and training. The ADA also requires Vendors associated with the City of Buffalo to provide qualified applicants and employees with disabilities with - reasonable accommodation that does not impose 17 undue hardship. Vendors also agree to post in a conspicuous place, accessible to employees and applicants, notices of their policy on non - discrimination. In the event of the contractor's noncompliance with the non - discrimination clauses of this contract, this contract may be canceled, terminated, or suspended, in whole or part, and the contractor may be declared ineligible by the Buffalo City Council from any further participation in City,contracts in addition to other remedies as provided by law. 4,10 General Com !lance The Contractor agrees to comply with all.applicable Federal, State and local laws and - regulations governing funds provided under this contract. 4.11 Performance Monitoq The ,City will monitor the performance of the Contractor against goals and performance standards required herein.. Substandard performance as determined by the City will, constitute non - compliance with this agreement. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the City, contract termination procedures will be initiated. All work submitted by Contractor shall be subject to the approval and acceptance by the City or designated herein. The City or person designated herein shall review each portion of the work when certified as complete and submitted by the Contractor and shall inform the Contractor of any apparent deficiencies, defects, or incomplete work, at any stage of the project. 4.12_ _ Inde pendent Contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be - considered employees or sub - Vendors of the Contractor only and not of the City; and any and all claims that might arise, including Worker's Compensation claims, under the Worker's Compensation Act of the State of New York or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered shall be the sole obligation and responsibility of contractor. 4.13 Hold Harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the contractor, its employees, its agents, or employees of sub- vendors, in the performance I01i of the services provided by this contract or by reason of the failure of the contractor to fully perform, in any respect, any of its obligations under this contract. 4.14 Accounting Standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this contract. 4.15 Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findings. Records for non- expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. 4.18 Inspection of Records All Contractor records with respect to any matters covered by this agreement shall be made available to the City or its designees'at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 4,17 Living Wade Polic The Buffalo Living Wage ordinance applies to City contracts for services of more than $50,000 value when the City contracts with a contractor employing more ,than ten people. The attached City of Buffalo Living Wage Commission Application For Contract with the City of Buffalo, Figure 3, must be completed and accompany your response to request for proposal. 4.18 Applicable Law The laws of the State of New York shall govern all interpretations of this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Erie, State of New York, regardless of the place of business, residence or incorporation of the Contractor, 4.19 Conflict and Priorit In the event that a conflict is found between provisions in this Contract, the Contractor's Proposal or the City's Request for Proposals, the provisions in the following rank order shall take precedence: 1) Contract; 2) Proposal; and 3) Request for Proposals. 19 4.20 Ownership of Materials All finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials resulting from this Contract shall become the property of the City upon final approval of the final report or. upon request by the City at any time before then. The City may use, extend, or enlarge any document produced under this Contract without the consent, permission of, or further compensation to the Contractor. 4.21 Termination if the City contracts with the Vendor the City may cancel said Contract for any reason without cause upon thirty (30) days written notice, except that if either party fails to fulfill its obligations under .the Contract in a proper and timely manner, or otherwise violates the terms of this Contract, the other party shall have the right to terminate this Contract, if the. default has not been cured after a ten (10) days written 'notice has been provided, If termination shall be without cause, the City shall pay contractor all compensation earned to the date of termination. If the termination shall be for breach of this Contract by Contractor, the City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this. agreement shall, at the option of the City, become the property of the_ City, and the Contractor shall be entitled to . receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the Contractor. The City may, in such event, withhold payments due to the Contractor for the purpose of set -off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. 4.22 Prime Contractor Res onsibilit All sub-- contractors will be subject to approval by the City. Prior to contract execution, the successful Vendor will be required to furnish the corporate or company name and the names of the officers and principals of all sub- contractors. Notwithstanding any such approval by the City, the successful Vendor shall itself be solely responsible for the performance of all work set forth' in any contract resulting from the RFP and for compliance with the price and other terms provided in the contract. The successful Vendor shall cause the appropriate provisions of its proposal and the contract to be inserted in all subcontracts. 20 The City's consent to or approval of any subcontract or subcontractor Proposed by a Vendor shall not create or purport to create any obligation of the City to any such subcontractor, or any form of contractual relationship or relationship of privity between the City and the subcontractor. Any Vendor who obtains such approval or consent of the City shall be required to insert a clause so providing in all subcontracts. 4.23 Disclaimer This. RFP and the process it describes are proprietary to the City and are for the sole and exclusive benefit of the City. This RFP is not binding on the City. No other party, including any Vendor to this RFP or further Vendor to any RFP that may be issued by the City, is intended to be granted any rights hereunder. Any response to this RFP, including written documents and verbal communication, with'the exception of materials marked as trade secrets or confidential, may be subject to public disclosure by the City, or any authorized agent of the City. Any materials.. submitted or ideas elicited in response to this RFP shall be the sole and absolute property of the City with the City having title thereto and unrestricted use thereof. 4.24 Publicit+ All publicity (including, but not limited to, news releases, news conferences, and commercial advertising) relating to this RFP and /or the services or products sought by this RFP and /or any contract awarded pursuant to this RFP shall require the prior written approval of the City of Buffalo Department of Law. 4.25 Vendors Restricted No proposal shall be accepted from or contract awarded to any City employee or official, or any firm in which a City employee or official has a direct or indirect financial interest. No Vendor. may be the prime contractor or prime Vendor for more than one proposal submitted pursuant to this RFP. Entities that are legally related to each other or to a common entity may not submit separate proposals as prime Vendors - or prime- Vendors. Any proposal may be rejected that, in the City's sole judgment, does not comply with these conditions. Nothing contained in this RFP is intended to preclude a proposal by a system integrator that proposes to perform the substantive work proposed through sub vendors. 4.26 MBEMBE Plan In Respondent's Respondent must complete "Form 2A -- Bidders Affirmative Action Statement ", attached hereto, Figure 2. The City's policy regarding MBEIVVBE goals is: 21 The advyrtisament inviting bids for the doing of a work or improvement or for the furnishings of materials, supplies, or equipment shall among other things state the bidder must submit prior to the awarding of a contract, a statement indicating that the bidder will work toward a minority workforce goal of 25 %, and women workforce goal of 5 %. In addition, a statement must be submitted prior to the awarding of a contract indicating that the bidder will work toward a business utilization goal for minority business enterprise of 25% and women business enterprise of 5 %. These goals shall be utilized for all purchasing, professional services and construction. 4.27 Copyright and Patent Rights The Respondent warrants that there are no existing claims of violation and respondent has no knowledge of any potential claims of violation of copyrights or patent rights in products being proposed in this bid as .of the date of bid submittal. The Respondent will indemnify the City of Buffalo in any claim or action brought against the City of Buffalo based upon a claim that the software or hardware provided by the Respondent violated any copyright or patent rights. 22 FIGURE 1; Form 2A- Respondents Affirmative Action Statement The (Company Name) hereby states that we will make good faith efforts to ensure a diverse workforce and minority business participation for this proposal /bid in accordance with the City of Buffalo Charter, Chapter 96, Bonds and Contracts. We will work toward a minority workforce goal of 25 %, and woman workforce goal of 5 %. In addition, we will work toward a business utilization goal for minority business enterprise of 25% and woman business enterprise of 5 %. (Signature of Authorized representative of Bidder) Date BIDS./PROPOSALS FAILING TO INCLUDE OR COMPLETE ANY OF THE ABOVE ITES WILL BE CONSIDERED NON- RESPONSIVE AND WILL NOT BE ACCEPTED. EEO -2 23 2: Living Wa e Commission Application for Contract With tho City cif Buffalo pity of Buffait i,,,g �a e g Commission APPLICATION FOR CONTRACT WITH THE CITY OF BUFFALO The City's Living Wage Ordinance applies to contracts for services in which the City pays — or receives -- more than $50,000 per year, and the contractor employs more than ten people. If you are bidding, responding to an RFP, or otherwise planning to make a contract with the City, you must complete this form, a copy of which will be forwarded to the City's Living Wage Commission. Your subcontractors need not file a separate Application, but. they must pay a living wage. If you win the contract, you and . 'your subcontractors will file quarterly reports with the Living Wage Commission. You must certify that you will pay. at least the hourly wages mandated by the Ordinance. The 2005 hourly rates are $9.03 with health insurance and $10.15 without health insurance. As of March 24, 2007 the rates will be $9.59 with health insurance and $10.77 without health insurance. Beginning in 2008, there will be an automatic cast -of- living adjustment each January 1. There are two exceptions to the Ordinance. Professional contracts such as legal, architectural, or engineering services are not covered by the Ordinance. Also, persons employed in construction work covered by prevailing wage laws are exempt from the Ordinance. The City department responsible for the contract should forward the completed Application for Contract of the employer chosen for the contract to: Living Wage Commission, c/o Cornell University lLR, 237 Main St., Suite 1200, Buffalo, NY, 14203 1. Company Information 24 C0 an' .Name. ; Executive�Officec_�.�`' Tot a1 No of Lrr 10 ees: � 4 . 24 Z, Please des.cri is sty ht; 3. Contract Information Dollar Value BldiCointract ` Performed ldnUfyIng Cat Contract ar Proiect F liealtE� . N _Number :. 1:1 Yes 11 No F warmers cowered, by fedoraE or :stafe reuailin ':inia e:laws? y Start and -end t3atss.of Contract ; ; 4. If you answer "Yo- to anv of the --zn vnlf nAAri not rmmnfata nnrfc ti R anrt 7 5. Please describe the employees who will work on this contract: Attach additional sheets as needed. f t tab T�tEe ` Performed �A Are alI persons wl�a wi11 vuork r. F liealtE� . `under the contract carstructlari 1:1 Yes 11 No F warmers cowered, by fedoraE or :stafe reuailin ':inia e:laws? y SC7eets °as'needed B} Us. this 4' con tract far professronal srvtces such ash r legal architectural, sir �> ' ©Yes ❑ No -: cy D6"" ou e t Eel mpay s than ten aa n ❑Yes ❑ Na `©) !s tfz'6tatalrvalue df M6' 0 ❑ Yes ❑ No . �'�,tess`�Ftan ".$ 50,{EOC►' er :'ears � �� - 5. Please describe the employees who will work on this contract: Attach additional sheets as needed. f t tab T�tEe ` Performed HaurEy - Wage F liealtE� . Ifes please provide nameTL } _ address and pltene Eoreach - su6contracfor tW- additional SC7eets °as'needed 6. Subcontractors t� W�Ettherebepubcon ❑ Yes ❑ No Ifes please provide nameTL } _ address and pltene Eoreach - su6contracfor tW- additional SC7eets °as'needed 25 7 Plcasa prollfde a signatmra by an official of your company with the legal authority to make binding commitments. I certify that if av! larded a City contract I will fully comply with the Living Wage Ordinance. Signature: Print: Title: Date: Last revised 3/151D7 26 Figure 3: CITY OF BUFFALO DEPARTMENT OF ADIYHNI,STRATION, FINANCE, POLICY & URBAN AFFAIRS DIVISION Of PURCHASE 65 NIAGARA SQUARE, ROOM 1901 CITY HALL BUFFALO, NY 14202 REGULATIONS FOR ENTERING FORMAL PROPOSALS FOR MATERIALS, SUPPLIES, EQUIPMENT, AND; SERVICES 1. METHOD OF TENDERING PROPOSALS. (A) ALL BIDDERS MUST TENDER THEIR PROPOSAL ON THE FORM FURNISHED WITH THESE SPECIFICATIONS and shall execute the form in ink or typewriter, without alteration or additions of any kind. Except for catalogs '.or other descriptive literature specified or requested, ANY LETTERS OR OTHER PAPERS ATTACHED TO PROPOSALS OR SUBMITTED UNDER SEPARATE COVER CONTAINING CONTINGENT CLAUSES OR MODIFICATIONS TO THESE SPECIFICATIONS WILL NOT BE ACCEPTED. Any deviation or minor points of variance shall be specifically shown and stated in the space provided on the bid sheet or on a separate sheet of paper, and only those deviations or minor variations contemplated or permitted thereby will be considered. (B) Alt bidders must submit with their bid a statement indicating that they will work toward a minority workforce goal of 25 %, and woman workforce goal of 5 %. In addition, a statement must be submitted indicating that the bidder will work toward a business utilization goal for minority business enterprise of 25% and woman business enterprise of 5 %. Form EEO -2 is enclosed along with the living Wage Statement. Both must be completed and returned with your proposal. (C) No person, co- partnership; or corporation, shall submit more than one proposal, either directly or by agent. Each bidder shall sign said proposal with his/her full name, in his/her own handwriting, and, if a partnership, each partner must sign; if a corporation, the corporate name 'shall be signed_ , and signed and acknowledged by a duly authorized officer thereof 2. QUALIFICATIONS FOR BIDDER. Ordinarily, proposals are not considered from bidders on supplies, material or equipment, if the bidder or manufacturer of same is in bankruptcy, or in the hands of a receiver at the time of tendering a proposal or at the time of entering into a contract, but the Director of Purchase reserves the right to accept or reject such proposals in the best interest of the City.' No bid shall be accepted from any person or corporation that is in arrears to the City upon any debt or contract. 27 CONTRACT AND BOND. (A) The successfirl.bidder will be required to enter into a contract and furnish a bond guaranteeing the faithful performance of the contract in the penal amount of the contract price, such bond to be executed by the bidder as principal and by a duly incorporated company authorized to guarantee the performance of the contract and to do business in the State of New York as surety. Said bond to be approved by the Corporation Counsel as to form and by the Comptroller of the City of Buffalo as to sufficiency of the bond. The amount of the performance bond shall be based on the total amount of the contract, arrived at by the additions of the totals for all groups or units listed thereon. (B) ALTERNATIVES TO PERFORIMANCE BONDS. Where the cost for the purchase of materials, supplies or equipment does not exceed two hundred fifty thousand dollars ($250,000.00), the head of the City agency charged with the execution of the contract may, in his /her discretion, waive the requirement of a performance bond and authorize instead the submission of a certified check, bank draft or .letter of credit in the amount of fifty percent (50 %) of said cost. Where the cost of such purchase exceeds two hundred . fifty thousand dollars ($250,000.00), the Common Council may, upon the recommendation of the head of the city agency charged with the execution of the contract, waive the requirement of a performance bond and authorize instead the submission of a bank draft, certified check or letter of .credit in the amount of fifty percent (50 %) of said cost. (C) EXCEPTIONS. Wherever the total of items awarded to any bidder is less than $10,000.00, purchase orders will be issued and no performance bond will be required. This exception does not apply where a trade -in is involved. In such cases the gross total quoted amount shall be the determining figure. A bond, or other security, shall be required when the amount is $10,000.00 and over. 4. DISCOUNT. Bidder will please specify cash discount, if any; discount period to begin with receipt of invoice in the office of the Division of Purchase. The cash discount is not to be considered in determining the low bid, except where bids are otherwise identical. 5. PAYMENT.. Payment for material, supplies or equipment called for herein shall be made within thirty (30) days after approved completion of contract and the rendition of proper invoice to the Division of Accounting, 65 Niagara Square, Room 1214 City Hall, Buffalo, New York 14202. 6. PATENT INFRINGEMENT. The Contractor shall agree to indemnify and save harmless the City of Buffalo, its servants, agents and employees from any and all suits or action at law or in equity, which may hereafter be brought against them or either of them, for, or on account of, the infringement, or alleged infringement, of any patent or patent rights upon or pertaining to any of the articles described herein. 7. GENERAL. (A) The Contractor will not be allowed to take advantage of any errors or omissions. The Director of Purchase reserves the right to reject any and all bids on any or all items in the proposal and to waive any informalities. In case of error, unit price governs. 28 (B) Should there be any question concerning these specifications, or the intent of these specifications, the prospective bidder shall apply to the Director of Purchase for such information. (C) These regulations, specifications, invitation for bids, and the proposal are deemed to be incorporated in the contract. (D) The Division of Purchase reserves the right to award by item, or as a whole, or to reject any or all bids. S. TAXES. Quotations shall not include any New York Sales Tax as municipalities of New York State are not subject to this tax. No Federal Tax of any kind shall be included unless the Federal Law specifically levies such tax against purchases made by the political subdivisions of a State. 9. TITLE. Contractor must transfer a good and incontrovertible title to all equipment furnished hereunder free and clear of all liens and encumbrances of whatever - name and nature. 10. ASSIGnIENT AND SUBCONTRACTING Pursuant to Section 448 of the City Charter, no contractor awarded a contract pursuant to bids shall assign or subcontract any part of such contract to any person, firm or corporation by whom a proposal was submitted to the City for the same contract. In any event, no contractor shall assign, transfer or otherwise dispose of the within contract, or any part thereof, or any right, title or interest thereunder, without the prior written consent of the Director. Any such purported action. without. such consent shall be null and void. 11. SUBCONTRACTOR LIST. The successful bidder shall submit a list of proposed subcontractors to the Director of Purchase for his approval and obtain his written consent thereto prior to the execution of the contract. 12. NATIONALLY KNOWN CORPORATIONS. The Director of Purchase reserves the right to determine which corporations are to be designated as nationally, known, and his decision will be final. 13. DELIVERY DATE, PENALTIES AND EXTENSIONS OF TEME. The delivery date shall be considered by the Director of Purchase in making the award. Such delivery date shall be of the essence "of the contract. If the contractor and/or supplier fails to complete the contract within the specified delivery date or within any extensions thereof granted in accordance with this section, the City may elect to permit the contractor and/or supplier to proceed with and complete the contract, provided, however, that in any such case such permission shall not be deemed a waiver in any respect by the City of the contractor's and /or supplier's liability for damages or expenses thereby incurred by the City as a result of the failure to complete delivery within the specified time, but such liability shall continue in full force against the contractor and/or supplier as if such permission had not been granted. 29 In order to avoid all controversy in the determination of actual damages or expenses to the City for the delay in completion of the contract by reason of the City's election not to terminate the right of the contractor and /or supplier to proceed with the completion of the contract, the contractor and/or supplier and their surety shall be liable for and shall pay or allow to the City a sum equal to one percent (1 %) of the total amount of the contract per day as fixed and agreed liquidated damages for each and every calendar day, Sundays and holidays included, after the date fixed for delivery during which time the contract shall remain incomplete, and any such damages and expenses may be deducted by the City from any payment or payments then due or thereafter to fall due to the contractor and /or supplier. No extension of time for completion of this contract shall be granted unless the contractor and/or supplier shall make written application to the Director of Purchase no later than five (S) calendar days prior to the specified delivery date for' an extension of time to complete delivery and the Director of Purchase shall have granted such extension in writing no later than the date upon which delivery was to have been made. - The granting of any such extension and the length of time thereof shall be in the sole discretion of the Director of Purchase. 14. NON- COLLUSIVE BIDDING CERTIFICATION. If the bidder is a corporation, the execution of the non - collusive certification in the form of proposal shall be deemed to include the signing to noel- collusion as the act and deed of the corporation. No bid shall be considered, for an award nor will any award be made to a bidder where the proposal does not include the statements as to non- collusion as set forth in the form of proposal herein, provided however, that if in any case the bidder cannot make. the foregoing certification, the bidder shall so state and furnish with the bid a sib ed statement which sets forth in detail the reasons therefor. In such event the bid shall not be considered for award nor shall any award be made unless the Director of Purchase determines that such disclosure was not made for the purpose of restricting competition. In this connection, it should be noted that the fact that a bidder has published price lists, rates or tariffs covering items being procured or has informed prospective customers of the proposed or pending publication of new or revised price lists for such items, or has sold the same items to'other customers at the same price as being bid, does not constitute, without more, a disclosure to any other bidder or to any competitor within the meaning of the non- collusive certification included in the form of proposal. 15. SECTION 220 -E, Labor Law. PROVISIONS IN CONTRACTS PROHIBITING DISCREVIINATION ON ACCOUNT OF RACE, CREED, COLOR OR NATIONAL ORIGIN IN EMPLOYMENT OF CITIZENS UPON PUBLIC WORKS. Every contract for or on behalf of the state qr a municipality for the construction, alteration or repair of any public building or public work 'or for the manufacture, sale or distribution of materials, equipment or supplies shall contain provisions by which the contractor with the state or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor -or subcontractor, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the state of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his/her behalf shall, in any manner, discriminate a or intimidate any employee .hired for the perfonnance of work under this contract on account of race, creed, color, disability, sex or national origin; (c) That there may be deducted from the amount payable to the contractor by the state or municipality under this contract a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (d) That this contract may be canceled or terminated by the state or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract; and (e) The aforesaid, provisions of this section covering every contract for or on behalf of the state or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall.be limited to operations performed within the territorial limits of the state of New York. 31 CASH DISCOUNT (IF ANY) TO BE DEDUCTED % IN THMTY (30) DAYS. We attach hereto Bid Bond, Certified Check, Bank Draft or Letter of Credit hi the amount required by the specifications. THIS PROPOSAL IS FAIR IN EVERY RESPECT AND NO OFFICER OF THE CITY OF BUFFALO IS DIRECTLY OR INDIRECTLY INTERESTED IN SAID PROPOSAL, OR IN THE WORK TO WHICH IT RELATES, OR IN ANY PORTION OF THE PROFITS, excluding profits which may accrue as a stockholder, provided that as such stockholder he does not have supervision, control, or direction of said corporation and that he did not participate in the calculation, submission or preparation of this bid. THIS PROPOSAL IS TENDERED BY (A) (AN) CORPORATION PARTNERSHIP INDIVIDUAL PARTNERS CONSTITUTING PARTNERSHIP INCORPORATED IN WHAT STATE, IF CORPORATION? IF FOREIGN CORPORATION, STATE IF AUTHORIZED TO DO BUSINESS IN NEW YORK STATE * CORPORATE OFFICERS' NAMES * PRINCIPAL STOCK HOLDERS NAMES ADDRESSES TITLES ADDRESSES NAMES ADDRESSES * Note: This information is not required from nationally known corporations. NON - COLLUSION CERTIFICATION By submission of this each bidder and each person signing on behalf of any bidder certificates, and in the case of a joint bid, each party thereto certifies as to it's own organization, under penalty of perjury, that to the best of knowledge and belief (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (2) Unless otherwise required by lave, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; 32 (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit a bid for the purpose of restricting competition. FUUM OR CORPORATION NAME PRINCIPAL ADDRESS STREET CITY STATE - ZIP CODE SIGNATURE OF INDIVIDUAL, PARTNERS OR OFFICERS TITLE (TYPE OR PRINT NAME. ABOVE) TITLE (TYPE OR PRINT NAME ABOVE) 33 CITY OF BUFFALO DEPARTMENT OF LAW ml ,A, IRON MOUNTAIN �`� «��� RECORDS MAINAGEPAEAT ,,:ctjp,E SIIRFDV A I N G VITAL BUSINESS RED Res DjC,'TAL CHIVING r-SiTE DATA PROTECTION Cor,jSu0 INTELIE.CMAL PROHRTY September 5, 2007 David Rodriguez Senior Deputy Corporation Counsel 2101 Buffalo City Hall, 11th floor Buffalo, NY 14202 RE: Design and ..Implementation of Office -Wide Records Management Solution Dear Mr. Rodriguez: Iron Mountain is pleased to respond to City of Buffalo's request for proposal regarding a fully outsourced, active records management program. Through our discussions, Nve have a good understanding of your current program and potential needs, and our response clearly articulates how City of Buffalo will be able to satisfy its requirements for capturing, indexing, and retrieving of electronic documents. If you are like many of our other clients, you are faced with delivering outstanding customer care while operating under reduced budgets, higher operating costs, and a growing number of regulations. However, transitioning to electronic records will not mean an instant,'paperless' environment. Managing physical records and digital images in parallel is a challenge that many providers simply are not resourced to support. With experience serving more than 275,000 customer accounts globally, Iron Mountain provides customized solutions that enable the relocation of entire record libraries to convenient off-site locations, as well as scanning and electronic delivery services that feed directly into your company's systems. These solutions help consolidate disparate records and free up valuable revenue - generating floor space, while removing the burden of managing parallel physical and digital image libraries. We are confident that our proposal addresses your needs to implement an extremely scalable and robust solution, but in the event that questions or concerns arise, please do not hesitate to call me. In the meantime, thank you for your consideration; we look forward to hearing from you. Sincerely, -- Brad Gay Account Manager A& IRON MoUNIanv° A RECORDS MANAGEMENT SOLUTION FOR City of Buffalo SEPTEMBER 5, 2007 RE: Design and implementation of Office -Wide records management solution SUBMITTED BY: Brad Gay Account Manager Iron Mountain Infornnatiou Management, Inc. 100 Bailey Avenue Buffalo, NY 14220 Telephone: (716) 512 -7047 Cellular: (716) 570 -1744 Fax: (716) 822 -0014 E- mail: Brad.gay @ironmountain_com Web Site: www.ironmountain.com CONFIDENTIALITY This proposal includes information that shall not be disclosed and shall not be duplicated, used or disclosed—in whole or in part for any purpose other than to evaluate this proposal. If, however, a contract is awarded to Iron Mountain as a result of, or in connection with, the submission of this proposal, City of Buffalo shall have the right to duplicate, use, or disclose the information to the extent necessary to implement the resulting contract. This restriction does not limit City of Buffalo's right to use information contained in this proposal if it is obtained without restriction from another source. © 2007 Iron Mountain Information Management, Inc. All rights reserved. Car f dential EXECUTIVE SUMMARY Page I Iron Mountain aptly titles its response to this Request for Proposal "Proven Experience." The word "experience" is significant because it highlights the importance of acquiring expertise through practical application. We chose the word "proven" because in order for experience to be valuable, it must lead to demonstrable benefits. Iron Mountain is eminently qualified to provide the records management services your company requires because we have demonstrated success providing solutions to a wide array of records management challenges. Iron Mountain is the leader in records and information management. In business for a balficentury, Iron Mountain has unmatched experience. A team of managers who collectively have decades of experience will manage your company's program. This proposal demonstrates Iron Mountain's record center operations experience, a key indicator of which is our proprietary computer - driven workflow that drives all transaction processing. Detailed workflows demonstrate how checks and balances flag potential inventory errors before they can compromise service levels. The result is an operation built around total quality management principles. Iron Mountain's 99% retrieval accuracy speaks to "Proven Experience." Experience is perhaps most visible in the construction and outfitting of Iron Mountain's record centers. Iron Mountain's state- of-the -art record centers are specifically designed to protect records, facilitate operations, and guard against fire and intrusion. Iron Mountain's Facilities Engineering Department, together with structural engineers and life safety consultants, produce and monitor specifications for our record centers. The attached response demonstrates these capabilities in detail. Iron Mountain currently meets needs similar to those contemplated in this RFP; please see relevant references throughout this response. Moreover, Iron Mountain manages records for numerous other customers who have inventory volumes greater than 100,000 cubic feet. Iron Mountain's robust reporting capabilities speak to our "Proven Experience" in meeting our customers' information needs. Iron Mountain currently provides all the reports required by your company, plus numerous others. Inventory, service transaction, quality assurance, management, and billing comprise the five major report classes available to your company. In total, more than ISO standard reports are available. Our financial strength solidly positions Iron Mountain to meet your future needs. Iron Mountain's revenue, assets, and net worth far exceed those of any company in the industry. In a capital intense business such as ours, your company is assured that real estate, storage systems, vehicles, and computer systems will be available when you need them. © 2007 Iron Mountain Information Management, Ine. All rights reserved. Confidential Page 2 "Proven .Experience" is a significant predictor of success. Given the long- term nature of records management relationships and the criticality of your company's information, it is vital that your vendor provides superior service. The costs related to the loss of records far exceed the value of this contract. We believe the attached response makes a persuasive case for selecting Iron Mountain as your records management provider. By doing so, your company will leverage fron Mountain's "Proven Experience." © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential IRON MOUNTAIN OVERVIEW Page 3 Established in 1951, .Iron Mountain has become the global leader in records and information management services. Our two major service limes ----- records management and off -site data protection —help customers manage and protect their information consistently across all formats and geographies. We offer records management services for physical and digital media, disaster recovery support, and consulting. These services help businesses save money and manage risks associated with legal and regulatory compliance, vital records protection, and business continuity. Iron Mountain's growth is the result of a strong and clear focus on you, our customer. We have expanded our array of services and our geographic footprint to provide information protection services to match your business growth and needs. Forty percent of our new customers are referred by existing clients --a strong indicator of service excellence. Customer loyalty does not come easily —we earn it every day! Iron Mountain's facilities are located throughout the world, and our footprint is growing rapidly. We emphasize the importance of records security at all of our facilities -- stringent security procedures govern our employees, transportation, and facility operating policies. If Iron Mountain is managing your program, you can rest assured that your records are protected to the industry's highest standards. As the industry leader, Iron Mountain has the resources to provide unparalleled customer service- ---and we are committed to ongoing investment to maintain and enhance our leadership to benefit our customers. SOLUTION CATEGORIES Iron Mountain offers a full range of interrelated physical and digital information protection and storage solutions including: Records Management Services • Records Management • E- Records Management • Domain Name Management • Compliant Records Management • Records Management Consulting • Document Management Solutions • Health Information Management Services • Film & Sound Archive • Energy Data Services • Collateral & Content Fulfillment (through COMAC, an Iron Mountain subsidiary) © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential Data Protection and Recovery Services • Off -site Tape Vaulting • Server Data Protection • PC Data Protection • Technology Escrow • E -Mail Continuity • Disaster Recovery Support Services Information Destruction Services • Secure Shredding • DataDefenseTm • Secure Encryption Services • Compliant Shredding Programs THE IRON MouNTAIN DIFFERENCE Page 4 Iron Mountain combines the responsiveness of a local service provider with the unmatched resources of the world's largest information protection and storage company. Iron Mountain provides leading -edge technology, records management expertise, financial depth, proactive account management, national account capabilities, real estate and facilities resources, economies of scale, and service delivered by a highly trained and dedicated professional staff. Benefit to Our Customers: Iron Mountain's unmatched capabilities, resources, and industry expertise translate into superior records management value for our customers. Expertise to Solve Our Customers' Problems Iron Mountain has the breadth of experience and expertise to help our customers with their most complex information protection challenges: • Managing exploding information growth and costs. • Complying with information protection and retention laws. • Increasing complexity of managing information. • Reducing litigation costs and risks. • Disaster preparedness and data recovery. Expertise and Leadership • 55 years of expertise is embedded within our people, processes and technologies. • Protects and stores more information than any other company: services 90,000 organizations from 900 industries and 27 countries. • Has the greatest composite view of industry and can benchmark best practices for records management and data protection. © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential Page 5 • Has invested more in technology to support customer information protection and storage needs. • Offers best -of -breed and patent - protected technology solutions for arehiving and protecting digital information. • Largest records management consulting practice; and more organizations utilize our legal research for retention policies than any other single source_ Most Trusted Partner • Has unmatched resources to respond to a customer's disaster recovery needs including 15,500 employees, a fleet of 2,850 vehicles and 900+ facilities worldwide. • Delivers 99.999% accuracy in secure transport and delivery of customer information. • Recognized in the industry for unparalleled facility standards: access controlled, climate controlled, fire suppression, comprehensive disaster recovery plans. • Has the big best levels of client loyalty -99% retention and 40% of all new business by referral. • Chosen guardian for organizations'. most critical records and one -of- a -kind assets secured in highly specialized underground facilities. Comprehensive Services • Offers information protection and storage services and technology that address all media and formats (paper, digital, film, tape, etc.). • Comprehensive set (50 +) of solutions addresses the broadest range of customer needs -- --from backup to archive through destruction. • Meets the needs of customers of all industries (900) - --from SMB SME to global enterprises. . • Offers a single way to manage information consistently, both physical and digital. Reduces Risks Associated with Information Protection and Storage • Provides the greatest assurance that customer information is protected —both physical and digital --- whether in storage or transit: from unparalleled facility and data center standards, to chain of custody best practices. • Enables fast and efficient search across physically - and digitally - stored information for responding to litigation discovery and regulatory investigations. • Offers the industry's best data protection technologies and services to ensure companies can recovery their data in the event of a disaster. • Supports long -term preservation of information via special environmental controls, media migration services and planning. © 2007 Iron Mountain Information Management, Inc. All rights reserved Confidential Page G Reduces Customers' Costs Associated with information Protection and Storage • Focuses its business model and investments on the primary goal of reducing customer costs. • Has intellectual property and data reduction technology that drives down the cost of storing information, both physical and digital. • Has outsourrced -model that reduces total costs 20 -50% and [virtually] eliminates customer need for capital investments (20-50% lower cost ). • Offers records classification and retention solutions technology and process that can reduce obsolete information and costs by 30-50 %. • Enables compliant records management programs and best practices for avoiding excess discovery and compliance costs. IRON MOUNTAIN LOCATIONS Iron Mountain services are offered in the following countries: North America Europe Asia Pacific Canada Austria Australia Mexico Belgium India United States Czech Republic New Zealand South America England Argentina France Brazil Germany Chile Hungary Perez Ireland Italy Netherlands Norway Poland Romania Russia Scotland Slovak Republic Spain © 2007 Iron Mountain Inforfnation Managenient, Inc. All rights reserved. Confidential 2.7.2 COMPANY PROFILE Page 7 Iron Mountain 100 Bailey Avenue Buffalo, NY 14220 Phone: 716 -512 -7047 Fax: 716- 822 -0014 Brad Gay, Account Manager Iron Mountain has a rich and colorful history dating back to 1951, when a depleted iron ore mine in upstate New York was converted to the nation's first secure underground records storage center, designed to protect corporate vital records in the event of a nuclear holocaust. Since that time, the motivation for records storage and management services has changed, and Iron Mountain has been in the vanguard of this evolving industry. Here are some historical milestones. 1951 — Iron Mountain Atomic Storage Corporation is established by Herman Knaust • 1975 — Iron Mountain, the present company, purchases the underground mine and the nearby, larger underground site from Knaust • 1978 ---W- Iron Mountain purchases a nearby aboveground record center and begins developing high - density storage systems. • 1980 -- Company expands to New England with the purchase of a third underground facility • 1980 --- Becomes a founding member of Professional Records & Information Services Management (PRISM), formerly ACRC • 1981 — C. Richard Reese joins the company as President and CEO • 1986 — Company establishes Corporate Headquarters in Boston and purchases New England Storage Warehouse • 1988 — Iron Mountain becomes a national company with the acquisition of Bell & Howell Records Management Company • 1991 — Introduces customers to SafeKeeperPLUS, Iron Mountain's proprietary records inventory management system 1995 ---- Richard Reese named Chairman of the Board • 1996 ---- Initial Public Offering of common stock, trading on the NASDAQ, under the symbol IM IN O 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential Page 8 + 1999 — Establishes European presence through acquisition of British Data Management (BDM) in UK + 1999 — Acquires SAC Mexico to establish presence in Mexican :market 1999 — Begins trading on the New York Stock Exchange, under the symbol IRM 2000 ----- Enters Latin America through acquisition of Storage, S.A. in Argentina 2000 — Merges with Pierce Leahy Archives, the second largest records management company, making Iron Mountain the only company providing a full line of records and information management services throughout the Western Hemisphere and in Europe 2000 — Establishes Iron Mountain Confidential Destruction division (renamed Secure Shredding in 2002) 2001 -- Establishes Digital Archives division to help customers with electronic records management 2002 -- Named "Company of the Year" by The Boston Business Journal 2003 — Debuts on the Fortune 1000 list as #887 2003 ---- Iron Mountain named one of 100 Fastest Growing Companies in MA by The Boston Business Journal + 2004 ---- Expands secure shredding services in Canada through the acquisition of Ottawa, Ontario -based franchiser Proshred Security International Inc. and eight of its Canadian franchisees. ■ 2004 ----- Appoints Bob Brennan President of North America ■ 2005 — Climbs to #811 on the 2005 Fortune 1000 list ■ 2005 --- Enters the Pacific Rim by acquiring the Australian and New Zealand. operations of Pickfords Records Management ( "PRM ") 2005 ---- Iron Mountain ranks #53 on The Boston Globe's 2005 "The Globe 100" ■ 2005 — Promotes Bob Brennan to President and Chief Operating Officer ■ 2005 —Launches Secure Shredding services in UK with the acquisition of Secure Destruction Ltd © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential Ownership structure Page 9 Iron Mountain Information Management, Inc, a Delaware corporation, is a subsidiary of Iron Mountain Incorporated, a public company traded on the New York Stock Exchange under the ticker symbol IRM. It held an Initial Public Offering in February 1996. Iron Mountain Information Management, Inc. operates multiple lines of business, including hard -copy records management; off-site data protection of magnetic media and vital records; film and sound media storage; digital archives and records management consulting. In addition, a subsidiary, Iron Mountain Intellectual Property Management, Inc., provides software escrow and domain name protection services, and another subsidiary, COMAC, Inc., provides fulfillment services Key executives C. Richard Reese, Chairman and CEO Bob Brennan, President and Chief Operating Officer Brian McKeon, Executive Vice President and Chief Financial Officer John Connors, President, Americas Joe DeSalvo, Senior Vice President, Chief Security Officer Geographical coverage Iron Mountain currently provides secure shredding service through 85+ Iron Mountain owned and operated service districts throughout the United States and Canada. In addition, Iron Mountain also provides information management scrvices to Europe, Asia, Latin America and Australia. Current number of employees Iron Mountain has more than 15,500 employees worldwide Describe in detail your company's. long -term strategy (three or more years) for its business activities in New York State, including capital investments. Iron.Mountain has maintained a presence in New York State for over 50 years. In fact, our original location was (and we still are there) in Germantown, NY. We maintain a large presence within and around the Metro NY, as well as in Upstate NY. We have facilities in Buffalo, Rochester, and Syracuse as well as numerous facilities in Metro NY. In addition, Iron Mountain recently acquired Archives One, which now gives us an additional presence in Albany. Iron Mountain will continue to grow our New York State business through both internal growth and intelligent strategic acquisitions when appropriate. The acquired Albany record center, although compliant with all Local, State and Federal codes, does not presently meet all of the standards for an Iron Mountain facility. Capital investments are in the work to bring the facility up to the Iron Mountain standards which are the highest in the industry. Iron Mountain will continue to invest capital dollars into our facilities safety and security requirements to ensure were are meeting and exceeding any and all regulatory and industry requirements. OO 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential Page 10 NY State is an important part of the Iron Mountain long -term strategy. As the above indicates, we are quickly expanding and solidifying our already large footprint in New York State. We envision our new Albany Market as a huge opportunity. Our Real Estate group is already scouting out Iocations for our next building in Albany, which will be identified for occupancy before the end of 2007. Iron Mountain maintains a Real Estate growth projection plan that projects space requirements over the next three years. Iron Mountain's Real Estate group begin the necessary planning and preparation for new space acquisition eighteen months prior to our projections showing our current space reaching capacity. Our Real Estate group budgets millions of dollars each year to reinvest into our facilities to ensure that we maintain them as well as keep Life Health Safety standards current. Dive years ago, Iron Mountain entered the Secure Shredding business. In this short period of time, we have progressed from a non player to the largest secure shredding vendor in New York State. Our growth in the last six months, alone, has resulted in the addition of two Mobile Shred Units (MSU's) to our fleet in Upstate NY. These new MSUs represent a significant capital investment, as each MSU is worth over $200K. While purchase of these vehicles represents a huge capital investment, Iron Mountain believes that to be a player and provide the required service to the Secure Shredding market, we need to ensure our locations have the required equipment. Shortcuts and insufficient equipment are not options. In addition to all of the above capital investment Iron Mountain is also committed to investing millions of dollars on a yearly basis to grow and enhance our Record's Management software system. These capital dollars are not only used to improve our internal system but also spent to enhance IM CONNECT, which is our customer on --line portal. rO- 2007 Iron Mountain Information Management, .Inc. All rights reserved. Confidential AL IRONN N-MICK)' N 'i rlr i.cxl:_ €: zVC,v" I: �, : ,&,A ided W1 t Page 11 ]Line 25, 2CG+ To %Vlvrr> It May Concern; Pl ease L-- aeAsed tit C-;edrge i;�k€raleil is a repr r�� hr -..ot I €rn Wvn i iil aad, as stKh, is author#z by Iron Mountain to sign and enter into Storage and SeNce Agreernenb m behalf of i Iran mountaln :r(turn - - Mon Ma-wernent, Inc. Please feel f - ee to carrtact our Corporate Mes should you have the arced for any ff €rthel Ivnk you 1 i Trpn Piqudtt$in, D1C. paCT`AitLt.A'tN CCrdiMY OF SUFFaK Ffxab�!l TtRn the a appearW the HbDVC•na;ned Garry WatzlW V;Ce Pre5ident of Jrcn f >lakmtairl Infolnation Maragernant, Ifr.., wnj acgrow[edjird the forpgoits2 ir,�sirumcnt to bwa hiu free ad and steed, and tae free act and deed of such ccrrpor; tion, befom me, . owly Public Ca:.,n m. plc .i;i., PUBLIG © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential TV ♦ 1... � j � 1 • � �_` THE LEADER IN INFORMATION PROTECTION & STORAGE 2 006 ANNUAL REPORT IRON MOUNTAIN' Page 12 © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential r ABOUT OUR COMPANY I Iron Mountain Incorporated (NYSE:IRM) AT - A- GLANCE (AS OF3/321Zo07) helps organizations around the world reduce the costs and risks associated with YEAR FOUNDED: 1951 information p rotection and storage, We offer p $ e MAJOR SERVICE LINES: Records Management services • comprehensive records management and data Data Protection and Recovery Services protection solutions, along with the expertise information Destruction services and experience to address complex information EMPLOYEES: iMoo challenges such as rising storage costs CORPORATE CUENT5:79o,aoo litigation, regulatory compliance and disaster recovery, Founded in i95T, iron Mountain is a FACILITIES Bs3 trusted partner to more than go,000 corporate aoo6 FINANCIAL RESULTS: i { clients throughout North America Europe, Latin Revenues: $2.4 billion OIBDA"k $616 minion America and Asia Pacific. For more Information, Net Income: $i2q million l - visit our website at www.ironmountain.coirn. EPS- 011uted: So.64 c a 3 t i fRM STOCK PERFORMANCE GRAPH The following graph compares 1750 the percentage change in the J Iron MwAuin cumulative total return on our $20 Q Sir 5DO common stock to the cumulative p Russcu tooa r / total returns of the S &P Soo Index and the Russell i000 Index for the ilso period from December 31, soot _ a through December 31, 2oo6. This comparison assumes an investment 3 of $aoo on December 31, 2001 and the reinvestment of any dividends. ua u i:[$�s •.. x f fit :. ... _— ____.__...._�... , _...... -. . -.. - S i 1110N MQUNTAIN IOPi ANHUFI kilo. i I Page 13 © 2007Iron•Mountain Information Management, Inc. All rights reserved. Page 14 FINANCIAL HIGHLIGHTS (a nsoux :: IX ilsouuxos, u[...... sx.xa t 1001 2 2001 7 7004 7 7005 2 2006 Total Revenues So318,497 $ $1,5or,3x9 5 51.817.589 $ $ 7 , 0 7 8 ,85 3 3 i f Storage Revenues 759,53 8 875.035 1 1,083,36 1 1,58+.551 1 1,317,168 _ Cross Margin lexcluding depreciation) 52.8% 5 54.7% 5 54.7% 5 54 9% 5 54.3% Operating Income 2 3 3 5 544,495 3 386,784 4 407,187 I - Operating Income asa % of Total Revenues 18.2% 2 20.3% 1 18.0% 1 18.6% 3 37.3% OIBDA hi 3 4 435.811 5 508.125 5 573,7 6 6 OIBPAasa%ofTolalRevenues 44% 2 29.0% 2 28 -0% : :76% 2 26.x% fnteresl Expense, net V36,637 1 150.468 1 185,74g 1 18 35 8 4 5 5 94.95 8 Income foam Continuingg Operatians per Share — Diluted l5 0 33 0 0.43 0 0.48 0 0.57 0 0.64 Net wome per Share — Diluted ( °} 0.30 0 0.43 0 0.48 0 0.56 0 0.64 (,J Operall++g income beav,e 2epleSialivn a W aaa0rtrsa1wn,5Se Xem 6 Sn P -xl or Il+e a[a0mfalry�aq a annvp] xepeal wl F Folm,O -x Fol a reSM<Ailliwl d d013pn to rfaf t tn<ome_ (,)All ➢<a iham sma�nls xax bccn aajJSlla to s2ryac2 tXe lhleefp -[wo slakrPlR eN[d�r! aeq,nher 1q, xon6. i t I NET INCOME C CASH FLOWS f f'0.0M - REYENl3E5 OIBDA 1 1'ER SHARE _ _ O OPfRATIr4G ACTiviTIE5 .. In millions In millions d diluled i in milli. - 52500- - f700- 1 1070- W Wo^ }600– I l f fo.6o– I T : 5150 – t :jil 32000– '', i I I1� I 1390_ tl Imo - I t 1300 -; i S Salo Slow Sro6 5 5019 –j f I II i 1 I 3100– ' 5106- 5 50.10 ^� ��;. I I l Sf0- � ' '• I l S I l so - 01 0161 Cf Oi N 01w05.0 0 0201 w n ns 0. 0 0107 w.c P P. []al�rass manna f:�c➢z SeNHe ++ i do-w- I ISPX 7AOUXSIIX x002 •nX 35t0tr © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential REFERENCES: Page 15 1) ECMC, 462 Grider St Buffalo, NY 14215, Elizabeth Zivis — 716- 898 -3168 Fax 716 - 898 -5358 Scope: Currently ECMC has approximately 7,000 linear feet of open shelf medical records and an additional 500 linear feet of Clinical and Dental charts located on the first floor of the hospital. ECMC is in the process of constructing a new records file room in the basement of the Hospital and has requested a quote from Iron Mountain to relocate the records from the first floor to their new records room. Iron Mountain will complete this project in 5 phases. Workflow: Phase One: Iron Mountain will relocate approximately 300 linear feet of Clinical charts from the current file room to the new file room and place on the shelves in alphabetical order. (Charts are already in alphabetical order) Phase Two: Iron Mountain will place approximately 300 linear feet of clinical charts on to specially designed carts and place into alphabetical order. Upon completion of the alphabetizing, Iron Mountain will relocate the charts from the current file room to the new file room and place on the shelves in alphabetical order. Phase Three: Iron Mountain will intermingle approximately 60 cartons of dental charts into 170 linear feet of existing dental charts in alphabetical order. Upon completion of the alphabetizing, Iron Mountain will place the files to carts and relocate the charts from the current file room to the new file room and place on shelves in alphabetical order. Phase Four: Iron Mountain will purge through approximately 3,000 linear feet of inpatient records from the active file room and retrieve 21,618 2004 inpatient charts. Upon completion of the purge, Iron Mountain will move the records from the active file room to the first floor inactive file room and intermingle them into the inactive inpatient records. Phase Five: Iron Mountain will relocate approximately 7,500 linear feet of impatient and outpatient records from their current storage location to the new file room and place to shelves in terminal digit order. No services were subcontracted. Value of contract $64,000 Contract term 1012006 — 1212006 CC) 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential 2)HSBC, 2929 Walden Ave Depew 14043, Bob Hollinsworth - 716 -651 -6666. Fax 732 -352 -7926 Page .1b Scope: Iron Mountain and HSBC have been working together on a solution that would allow HSBC to maximize their space in the vault area of HSBC. Currently, HSBC has approximately 150,000 mortgage files in their vault. To assist in maximizing space, Iron Mountain is prepared to remove approximately 50,000 loans and relocate them to iron Mountain. While at Iron Mountain, Iron Mountain will individually list all loans and-place cartons to shelves for storage. Workflow. Iron Mountain will arrive at the HSBC vault with 6 employees. will remove all tiles specified by HSBC and place them onto open shelf for transportation to Iron Mountain. While on service carts all files will be serviceable for retrieval purposes. During transportation, the carts will be shrink wrapped. for security and safety reasons. Once at Iron Mountain, the files will be packed into standard 1.2 cubic foot cartons. The cartons will be stickered with a bar code label and a transmittal sheet will be completed capturing information specified by HSBC. Once all files are placed into cartons, they will be scanned into our Safekeeper system. Once all cartons are scanned into system Iron Mountain will place all cartons into conference room to be individually listed. Iron Mountain will individually list all files capturing information that is specified by HSBC. Once individually listing is complete, Iron Mountain will place all cartons to shelves and provide HSBC with a detailed inventory report of all new files list in our Safekeeper system. No services were subcontracted. Value of contract $25,000 Contract term 412002 — 512002 0 .2007 Iron Mountain Information Management, Ine. A11 rights reset ved. Confidential 3) Accellent, 3902 California Rd. Orchard Park, NY 14127, Jolui Warner — 716- 662 -5025 Page 17 Scope: Accellent has approximately 1,000 cartons (1,200 cubic fleet) of records store is an off site facility on its grounds in Orchard Park. Iron Mountain will remove all cartons, and individually list approximately 10,000 Discrete Job files. Workflow: Iron Mountain will remove approximately 50 cartons and box up 60 file cabinet drawers from the administration file room. Iron Mountain will label those cartons and fill out transmittals. Iron Mountain will then remove approximately 733 cartons from shelving units located in the same building. Iron Mountain will label and transmittalize the cartons. Iron Mountain will remove 52 12 cubic foot cartons from a cage build within the building Iron Mountain will label and transmittalize the cartons. Once all cartons are removed, Iron Mountain will palletize cartons, shrink wrap and load to truck. (Loading Dock) Iron Mountain will transport cartons to the Record Center. Iron Mountain will inbound all cartons. Iron Mountain will individually list the 733 Discreet Job files capturing the job number located on the outside of the file folder. Iron Mountain will place all cartons to shelves. No services were subcontracted. Value of contract $10,000 Contract term 7//2006 — 712006 02007 Iron Mountain Information Management, Inc. All rights reserved. Confidential p age Ig PROFESSIONAL QUALIFICATIONS: Brad Gay, Account Manager, 6 Years • Model exemplary customer service behaviors • Establish and consistently meet/exceed department service goals & objectives • Educate customer on Iron Mountain products and services • Provide training and demonstrations to customers with respect to workflow, invoicing, SafeKeeper PLUS, our internet product, and other services • Research and respond to customer issues and requests for information on non - service related transactions • Utilize and maintain SalesLogix and the special projects database • Act as a local resource to district personnel regarding account management issues, attend district meetings, interface with appropriate departments as needed • Manage local programs for National Accounts + Conduct customer and prospect facility tours • Assist in the closing process of existing accounts • Ensure contract compliance', renewal of Schedule A's and all contracts are sent to contract repository • Proactively communicate with customers via letters, phone calls, and visits to enhance Iron Mountain relationship; perform Issue - resolution visits, and scheduled follow up meetings; provide written communication on pre and post system conversions Data map customer records information onto Iron Mountain systems • Customize and develop action plans for individual accounts as necessary; review and customize customer materials as necessary • Coordinate Customer Reply program and respond to issues • Other duties as assigned © 2007lron Mountain Information Management, Inc. All rights reserved. Confidential Keith Kostek, Operations Manager, 12 Years Page 19 Manage department performance through motivation, monitoring, and coaching: Consi stently meet/exceed customer service standards and act as the "voice of the employee' Accurately process fi nand al data and employee information Build internal and external relationships through exceptional problem solving, ownership and follow - through . Model exemplary customer service behaviors Establish and consistently meettexceed department service goals & .objectives Ensure prompt and accurate completion of al I service requests by customers Manage and evel uate record center operations and transportation outputs. Interface and coordi nate with customer service and account management Research and resolve service issues and implement long -term solutions Manage, monitor and eval uate workfl ow and reporti ng w i th i n operations Assist in facility tours Communicate effectively with employees regarding benefits and other changes which affect employees Other duties as required Larry Menard, Project Manager, 25 Years • Manage department performance through motivation, monitoring, and coaching: • Consistently meettexceed customer service standards and act as the "voice of the employee' • Accurately process project financials and employee information • Build internal and external relationships through exceptional problem solving, ownership and follow - through • Model exemplary customer service behaviors • Establish and consistently meettexceed department service goals & objectives • Ensure prompt and accurate completion of all projects. • Manage and evaluate project needs, timeframes and costs. Interface and coordinate with operations and account management to ensure specs meet needs of customer and operations • Research and resolve project issues and implement project plan • Manage, monitor and evaluate workflow and staffing • Communicate effectively with employees regarding benefitsand other changeswhich affect employees • Other duties as required O 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential Page 20 Steve Zwick, Transportation Manager, 12 Years + Manage department performance through motivation, monitoring and coaching • Consistently meet /exceed customer service standards and act as the "voice of the employee" • Accurately process operational data and employee information • Build internal and external relationships through exceptional problem solving, ownership and follow - through • Model exemplary customer service behaviors • Establish and consistently meet/exceed department service goals and objectives • Ensure prompt and accurate delivery /pick -up of all service requests for customers • Manage and evaluate transportation operations. • Interface and coordinate with operations, customer service and account management • Research and resolve service issues and implement long -term solutions + Manage and evaluate workflow within transportation • Recommend solutions and changes for improving service levels • Communicate with customers to research and resolve transportation problems /issues • Communicate effectively with employees regarding benefits and other changes which affect employees + Other duties as required 0 2007 Iron Mountain Information Manageinent, Ine. All rights reserved Confidential 2.7.3 SOLUTION DESCRIPTION 'Solution description also included in the reference section. A) Assessment and design 1. Assisting storage volume in. Law Department of: i. Approximately 800 cartons stored on site Page 21 ii. Approximately 500 linear feet of loose documents or open shelf stored on site iii. Approximately 150 filing cabinets (4 drawer vertical on site) 'iv. Approximately 600 litigation files to be individually indexed into our front officelcase management system 2. Creating transmittal templates for each transactional division to establish a consistent means of capturing descriptive information 3. Using templates to capture carton descriptions from the face of the cartons B) Procurement and project management 6 establishing a miscellaneous area for contents that cannot be identified for more in depth review 7 filing cabinet contents will be packed into standard records management cartons and entered into storage work flow established by vendor 8 Loose files will be packed into standard records management cartons and entered into storage work flow established by vendor C) Deployment & Training 9 Once all the documents are retrieved, indexed and packed into cartons, there will be approximately 3,000 cartons that will be bar coded and consolidated to the centralized storage area and placed on shelving units 10 Documents earmarked for destruction will be removed by vendor and securely shredded 11 Existing litigation files will be keyed /placed into the front office case management system identifying case name and attorney assigned to case 12 All carton descriptions will be keyed into an Excel database and submitted to the Law Department © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential 2.7.4 DEPLOYMENT PLAN Page 22 The City of Buffalo wants to consolidate the current records to a comprehensible records management program. This includes packing documents into safe and secure cartons, accurately describing records, categorizing documents into eight transactional units, individually index each litigation case file within ProLaw, and establishing procedures to manage the records on a go forward basis. The transactional units are: - Litigation - Housing - Contracts: Vendor and City -IMREM - Transactional -Labor - Common Council -Board of Education All documents except the active litigation files do not have to be individually listed as a general carton description will suffice for retrieval purposes. For the litigation files to be individually listed, a PC workstation will be provided as part of the proposal. However, the City of Buffalo will supply the space needed to perform.the work and is responsible for the data connections and install of the ProLaw system application. In addition, some of the documents will be subject to destruction review and with authorization, can be securely shredded. Provide supplies and equipment. Cartons, PC workstation, transmittal form templates, carts, etc. Create transmittal templates for each transactional unit to establish a consistent means of capturing descriptive information Use templates to capture carton descriptions from the face of the cartons. If no information is readily available on the face of the carton, the contents will be evaluated to determine ownership and descriptive information. If the contents is still not able to be recognized, a separate miscellaneous area will be established whereby City of Buffalo employees can review to determine pertinent information. Filing cabinets will be packed into standard records management cartons and then we will follow the same workflow as above to capture descriptive information. Loose files will also be packed into standard records management cartons and the descriptive information will be captured similar to the workflow described above. Once the documents are all transmittalized and packed into cartons, there will be approximately 3,000 cartons that will be bar coded and consolidated to the centralized storage area and placed on shelving units. Those documents deemed by the City of Buffalo to be destroyed will be removed by Iron Mountain and securely shredded. The litigation files will be keyed into ProLaw identifying the case name and attorney assigned to the case. The carton descriptions will be keyed into an Excel database and returned to the City of Buffalo © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential Page 23 2.7.5 DEDICATED RESOURCES: RECORD CENTERS, STORAGE METHODOLOGY Iron Mountain's storage systems are designed in accordance with the National Fire Protection Association (NFPA) standards. The largest and most reputable storage systems manufacturers in the US manufacture and install our .storage systems. Although systems may vary to accommodate building configurations, most build -to -suit record centers feature high -bay storage with catwalk access systems. A ten - foot -wide main aisle runs the length of each building with intersecting service aisles of 30 to 36 inches. Most sections are 48 inches deep to accommodate standard letter /legal 1.2 cubic foot cartons three deep. This same shelving depth holds letter and legal transfile cartons and 24 -inch deep check size cartons in a two carton deep fashion, thus providing maximum flexibility for customer storage. Adherence to NFPA applicable state and local codes is a prerequisite when we open a record center and when we inspect each new section of a storage system. Iron MonrtaWs Corporate Facilities Engineering department prepares frill site drawings in conjunction with the storage system supplier and Global Fire Protection Consulting (Fire Protection Engineers and consultants). All drawings are submitted to local officials when permits are required. Benefit to Our Customers: Iron Mountain meets or exceeds all building, safety and fire protection codes. Our Facilities Engineering group includes structural engineers who specialize in record center construction and building configuration, fire protection, security, and storage system design. Iron Mountain does not cut corners on these foundational aspects of our commitment to our customers. Our customers are assured no other vendor will do a better job in this critical area. Because the SafeKeeperPLUS system features barcode technology, robust location assignment and reporting capabilities, it enables Iron Mountain to store cartons on an "open location" basis. That methodology, coupled with lock -step workflow and the design of our record centers & high - density racking systems, yields significant operational efficiencies and labor savings. Those efficiencies translate into speedy receiving; and entry, retrievals, and other service order fulfillment — and into cost savings for our customers. In a few cases, large customers with predictable growth may be candidates for a pre - allocated, dedicated storage space. The SafeKeeperPLUS system has the capability to allocate locations to one customer and preclude other inventory from being stored in those locations. We would be pleased to discuss our storage methodologies with you to help you determine the best solution for your O 2007 Iron Mountain Information Managenient, Inc. All rights reserved. Confidential Page 24 EQUIPMENT REcoRDS MANAGEMENT, CAPABILITIES Iron Mountain recognizes that organizations have different ways of fling records and capturing records information. Accordingly, we have designed and developed our system to accommodate the nuance of sophisticated records management. SafeKeeperPLUS' indexing functionality allows customers to describe records at the carton or file level. Multiple fields are available to classify and describe records using free -form descriptive and/or structured classifications (alphanumeric ranges, date ranges, record classification codes, etc.). File -level management is one of our core services, not a special service as it is with many vendors. Thousands of our customers, including law firms, professional service firms, and active file banking operations, utilize file -level indexing. SafeKeeperPLUS' standard fields support the needs of Iron Mountain's customers: Customer Number — The Iron Mountain customer ID number. Customer Name — The customer's organization. Customer Box Number — If the customer uses his/her own carton numbering system that does not match the computer printed number, enter that number. Division Corte — The number or abbreviation that represents the division of the customer's organization. Department Code — The number or abbreviation that represents the department of the customer's organization. Alternately, customers can use charge codes or cost centers if their organization uses these. Record Classification Code — A code that represents the type of records contained in the carton. Customers' records coordinators usually establish these codes, or they may use the Iron Mountain's "record class code ". File Range — Contents of carton. From and through date range • From and through alphanumeric range Create Date — Customers may enter the date the records were packed and labeled or they may enter the creation date of the records themselves if they have not used dates in "file Range." Event Date — User - defined Date field. Destruction Review Date ---- The month and year (four digit) the carton is eligible for destruction. No destructions are performed without written authorization. Description Field ##I and Description Field #2 — A brief description of carton contents. © 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential Page 25 PERSONNEL SAFETY & SECURITY, EMPLOYEE SCREENING All candidates for employment with Iron Mountain are subject to strict new hire guidelines. Once an employment offer is extended to a potential candidate, he /she must successfully pass a pre - employment substance abuse screening before employment can begin. Candidates must then successfully pass a background investigation as a condition of employment. The scope of the background investigation is dependant upon the position of the potential employee but the basic scope of all background investigations will include: (1) Social security number verification (forward and reverse trace). (2) County and/or state court records for evidence of criminal convictions. (3) Federal felony check. (4) FACIS: This search includes the Federal OFAC (terrorist watch list) and OIG (medical related fraud) check. (5) Iron Mountain's background investigation also includes verification of its employees against the Fraud Abuse Control Information System (FACIS®). All pre - employment background investigations will encompass a retrospective period of seven (7) years from the date of the signed authorization and release form and/or employment application. All couriers and employees who receive a vehicle allowance must also pass a pre - employment motor vehicle review and an annual motor vehicle review in order to maintain a driving status. The Substance Abuse Policy & Testing Program covers the following types of tests: • Pre- employment testing • Post accident testing • CDL random testing • Reasonable suspicion testing * Return to duty testing from rehabilitation • Follow up testing from rehabilitation Iron Mountain's "zero tolerance" policy is to employ a workforce free from abuse of drugs and alcohol, either on or off the job. A 5 -panel drug test is conducted by a certified laboratory in accordance with SAMHSA regulations for substance abuse testing. Negative test results are reported via a secure web site to authorized users. Positive results are reported to a single corporate contact to maintain privacy and confidentiality. Background investigations are conducted through a national vendor in accordance with federal, state, and FORA regulations. Dispositions of the background investigations are reported via a secure web site to authorized users. Details of the background investigation are reported to a single corporate contact to maintain privacy and confidentiality. V 20071r•on Mountain Information Management Inc. All rights reserved. Confidential Page 2S COMMUNICATION TECH TECHNOLOGY, INVENTORY CONTROL Barcode technology is used to track records throughout their lifecycle. Our record center operations leverage barcode technology to reduce data entry errors and to validate accuracy as part of our total quality processes. Barcodes are used during each service transaction as follows: Carton ID barcode ' Each carton is identified with a unique barcode number. This identifier is unique within the SafeKeeperPLUS system and allows Iron Mountain to track carton activity by scanning the ID barcode. Customers may also use SafeKeeperPLUS' carton ID barcode in conjunction with a second identifier, which we refer to as a customer box number. This methodology will accommodate internal numbering systems that users may wish to preserve. Location ID barcode ---- All storage locations are bar -coded with a unique number. These location numbers are cross - referenced in SafeKeeperPLUS to a full address indicating capacity, carton size and client ownership. Iron Mountain is one of the few records management companies to scan each carton into a location. This extra step confirms not only. that cartons have been received at our loading dock, but also that they have been accurately stored in the storage system. Most vendors, if they utilize barcode technology at all, scan records only upon receipt at the dock, and rely upon employee "best efforts" to shelve records in correct locations. SafeKeeperPLUS is one of the few systems that can guarantee that records are correctly located and available for efficient retrieval. Retrieval label barcode ---- All items (cartons or files) retrieved from Iron Mountain are bar -coded with retrieval labels. These labels distinguish returning items (refiles) from new storage items (receiving and entry); they also specify item requestor and mail codes to assist with delivery directly to the requester. When items are refiled to Iron Mountain, retrieval labels are scanned. SafeKeeperPLUS also requires that refile labels and location IDs are scanned during the refile process to assure accurate refiling. All retrievals are scanned to prevent pulling incorrect cartons. All refiles are scanned back into location to ensure that they have been placed back into the records center. "File out" card bar-code --- Two barcode labels are printed for file retrievals. One label is affixed to the file and the other to a "file out" card. File out cards are placed inside home cartons when files are retrieved. When a file is refired, the correct file out card must be removed and scanned to confirm accurate refiling. 0 2007 Iron Mountain Information Management, Inc. All rights reserved. Confidential Page 28 CONCLUSION Iron Mountain leads the industry by bringing unmatched expertise, resources, and experience to the information management challenges of businesses large and small. This proposal demonstrates Iron Mountain's capabilities to deliver professional, proven, and cost- effective records management solutions. Customers choose Iron Mountain for one reason above all: value. This value extends beyond storage and management services; it rests with the confidence of knowing you have trusted your records to the industry's best. Customers know iron Mountain is committed to a long -term business relationship. Iron Mountain has solutions for today's records and information management challenges, and we are already developing solutions for those of the future. Oc 2007 Iron Mountain Information Management, Inc. All rights reserved. Mr. Bonifacio moved: That the above communication from the Corporation Counsel dated November 8, 2007, be received and filed; and That the Corporation Counsel be, and she hereby is authorized to enter into a contract between the City and Iron Mountain Information Management, Inc., the lowest responsible bidder, for the design and installation of an Office -Wide Records Management System within the Department of Law, for a fixed price of $47,350.00. The contract will be funded with NYS Aid Incentive to Municipalities (Efficiency Grant) funds (24310556 450000). Passed 15A TAS:mv T:1wp601mswordlrmvl E Sac I 1 -13 a. doc 1 � .. � � :v a � +►•f #+F� b •1 •t��w fr � �� � fE � � i� �Es ��� O *I *tom •1• •E� w�� � � + � � � 5 t 23124 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES To: The Common Council: Date. October 24, 2007 op 4 0 " 3 i From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: j: Food Store License [: 137 Maple (Ellicott) Prior Council Reference: (If Any) [: Ex. (Item No. xxx C .C.P. xx /xx/xx Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a rood Store License located at 137 Maple (City Wide Food Market) and find that as to forth is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature: Department Ilead Title: COMMISSIONER RMT':mrz CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL n� BUFFALO, N 1'V YORK ay14 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: CI'T'Y WIDE FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT APPLICANT NAME: APPI.L. PHONE: APPLICATION NUMBER. REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 137 MAPLE 893 -1986 EL 04 DEEN ALIJAkRl31 893 -1986 548280 09/05/2007 NEW LICENSE 2008 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE �C� DIS OV.ED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR R EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpt 09124/2007 Interest increases each month Page 1 Business Name & Address: City Wide Food Market 137 Maple, Buffalo 142 ©4 LI CE N SE Applicant Name: Deen Alharbi 177 French St, Buffalo 14211 2007 -08 First 2007 -08 2007 - 08 Second Other PROPERTY Tax & Sewer h) R= R Fees if Half Tax due Sewer Admix istcative Half TaxL�ue Water C7serFee PVB Demo alarms Total (or summons 4 for ADd or PVB) ARREARS app'icabie 7/31107 due 9130107 1 i2 31107 acctrec delinquent d License Fee 311105 for jHothara Food Mart PAID i �Licease Div Rm 313 CL Hall A107 9124 0.00 tians 0.0(3 �Total Tax &Sewer ARREARS w i i 13.0 I i Tote] In Rem Fees 0.00 e Total First Half'rax 2007 -08 0.00 i I Total sewer 2007 -08 0.00 ! Total Second Half Tax 2007 -08 0.00 Total Water fl.00 l I Total User Fee 0.04 Total Ad}udication O.00i Total Parking Violations 0.00! Total Demo }ition 0.00 E � l Total Other 0 0.00 TOTAL OWED 0.00 I i Int calculated thru 9130107 Interest increases each month Page 1 CITY OF BUFI+'ALO t_.. OFFICE OF LICENSES T 313 CITY HALL BUFFALO, .NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: CITY WIDE FOOD MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2008 BUSINESS ADDRESS: 137 MAPLE BUSINESS PHONE 893 -1986 COUNCIL DISTRICT: EL POLICE DISTRICT: 04 APPLICANT NAME: DEEN ALHARRI APPIL.. PHONE: 893 -1986 APPLICATION NUMBER: 548280 REFERRAL DATE: 09105120{37 REMARKS. DISAPPROVAL REASON: APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: CF AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO. THE OFFICE OF LICENSES. THANK YOU. Appsup2.ryt OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PIZOPI RTY INS REFERRED TO: VINCE FERIZARACCIO APPLICATION FOR: CI'T'Y WIDE I MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL. DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 137 MAPLE 893 -1986 EL 04 DEEN ALHARBI 893 -1986 548280 09/05/2007 ql,l I � a , 5/ 7 r p°° i �� A / hctri�t �fi NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) �OV DISAPPROVED DISAPPROVAL CALLBACK DATE: ®° DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT �J" AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2. rpi CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL iiUrALC) NE W YORK I4202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT OIF. OF ZONING & USE REFERRED TO: VINCE I'ERRARACCIO APPLICATION FOR: CITY WIDE, FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 137 MAPLE BUSINESS PHONF: 893 -1986 COUNCIL DISTRICT: .POLICE DISTRICT. 0 4 0 APPLICANT NAME: APPL. PHONE: 1)LE;N ALHAIZBI APPLICATION NUMBER: 893 -1986 REFERRAL DATE: 09/05/ (39/05/2007 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTME,NT REFERRED TO) - APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE• � �' o-- � DATE: DATE: NEW LICENSE 2008 * * *REASON FOR DISAPPROVAL MU T BE STATE]) BELOW* ** REMARKS: INSPECTOR RM# it-9 Z- EXT / dPYI/ -- �-._.� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appvl P'arpt DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT OFFICE OF LICENSES 313 CITY MALI.. BUFFALO NY 14202 851 -4078 LICENSE APPLICATION S)'o� re i INSPECTION SERVICES !?e, PLEASE CRECKLICENSE CATEGORY APPLYING FOR RESTAURANT _ BAKERY CONFECTIONER __- P,ES'I'AURANT TAKFOUT _CATERER _• FOOD STORE _— MBAT, FISH & PM TRY Date _ -- 20 r Applicant lloine I'ljone #_ f 1 ApplicantNatne�� s�' ��_� . Applicant Address , 71_ -v eav c Wo" Street) (City, Town: or Village) Gate) (dip) Co- Appticant Name Co -A licant Address_ _- pp (No., Street) (City, 'Town or Village] (State) 00 Corporation Name - Date Incorporated ._ µ %YI eq,l Date of Business Certificate Business Name?q'_ -� _ �- Business Address— �_._ 1 1 -r- (No., S eet) Mailing Address (if diff0rent than business address Business Phone #____ State Tax ID Number No. of Emiployees (Cityl Town or Village) (State) {Zip) (No., Street) ..(City, TOwT1 nr Village) {State) (dip) Fax ff _ Social Security #� — (Baker'& Confectiofier only) crib and sworn to before xtie This `Day of 24 - - Commissioner at ee sin or the City cif I3".. . o, New York Applicant Signature ; FEES RFsTAURANT 0 -20U SEATS $174:00 201 -400 BEATS - S2S0.00 401 3325.0fl REST'AURANT TAICEOb-f /CA'fF,B1NG 1 88.00 MEAT,FI811 & POULTR 3l {2 7t1t5 ). .. 5150,00 FOOT) STOR>; $t15A0 BAICCTtICANkEC" O N IZ 0- 2EIYIYT OII S S105-00 3 -10 11 -25 $157.00 26 -50 53100 51 -200 $525.00. RST appl �I (Rev. 1103; Sin Communication to the Coanmoaa Council To: The Common Council: Date: October 23, 2007 From: Department: I)epttr nt o f E conom ic _ Ijc yelc rnetzt, Pe rmit In p�ctioz . Seay' I7ivisio.n: O ffice of Licenses Subject: [: Lodging Mouse Agent License Ty in Qp a_} ez a nd I [: J_..I o wer Cas t; "OTly I [: Prior Council Reference: (If Any) [: Ext. (Item . C.C.P xx /xx /xx): •I. ('Single Sic_e Dear Members of the Buffalo Common Council: On February 20, 2007, the Common Council passed Item 480 a City ordinance amending Chapter §269, Lodging House License. The law re ILdres that each lodging house have a licensed lodging house agent that must live on the property. In accordance with this Ordinance on May 25, 2007 121 letters were sent to every licensed lodging house owner informing him/her that this requirement had to be met by August 1, 2007. On August 13, 2007 another letter was sent to the owners giving them an additional 30 days to comply. As of this date, the nineteen- (19) lodging house owners who failed to comply with this ordinance have been sent letters suspending their Lodging house I.Jeense. Additional enforcement action is planned if necessary. Respectfully submitted, Mary R. Zizzo, Supervisor of Licenses 'l_yljp Department Head Name: RICHARD M. 'I'OBE Tvpp Title: COM _ I LONE Si mature of Department Ilead: RMT: mrz 1 REFERRED `1'O THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF EDPI AND THE CORPORATION COUNSEL #fi I (Rev. 1193) Si33gle Pa,e Communication to the Common Council To: The Common CoLlu.cil: Date: October 22, 2007 l=rom. Department: lac artrne n.tof Ect)noiiric Dev�lo�cr�.�__l'ert� & Inspe Services Division: Office o f Li cense s Subject: 1: Lod,;ing I louse Agent License [: 1. <o�Ver C ase OnI �%l [: Prior Cou1161 Rcferencc: (If Any) [: I xt. Otem No. xxxx_ C.(-.'.P. xx /xx /xx Text Dear Members, of the Buffato Common Council: On Fehruaiy 20. 2007, the Common Council passed Item 4-80 a City ordinance arncuding Chapter §269, Lodging House License. The lave requires that each lodging house have a licensed lodging house went that must live on the property. In accordance with this Ordinance on :'via }' 25- 2t107X�Alugmst ? l letters were sent to ever }� licensed lt�d�in horse owner informing him /her that this requirement ha to be met 1, 2007. On August 13, 2007 another letter was sent to the owners giving them an additional 30 days to comply. rheense: As of this elate, the nineteen- (19) lodging house owners who failed to comply kvith this ordinance have been sent letters suspending th.cir Lodging House License. q (i respectfullv submitted, Mary R. Iicro, Supervisor of Liccnscs 'l�:lie Departiilent 1 -Lead Name: RICHARD 1V1. TOt3L ItiW Title: C OMMISSIONER Signature of Department plead: RMT: mrz l Tobe,Richard From: Zizzo,Mary Sent: Monday, October 22, 2007 8:41 AM To: Tobe, Richard Subject: Lodging House Agent report to the Council Importance: High Follow Up Flag: Follow up Flag Status: Flagged Attachments: Common Council regarding Lodging House Agent Licnese.doc Commissioner, Attached is the report to the Council regarding the Lodging House Agents. Please let me know if the inspectors should post the building giving the occupants X number of days to move? �fl Common Council regarding Lodgi... Mary R. Z'tzzo Supervisor of Licenses City of Buffalo m Office of Licenses 313 City Hall Buffalo, New York 14202 Phone (716)851- 4078 Fax.(716)851 -4952 Email: mzizzo@ch.ci[.buffcxIo.ny.us T #1 (Rev. 1193) Sim j 'a�e Communication to the Common Council To: The Common Council: Date: October 29, 2007 From: Department: Division: J Type in Upper and L Lower Case O ly Department of Economic Develo went Permit &Ins ection Services Office of Licenses Subject:: Restaurant Dance Class III [: 1412 Kensington (University) Prior Council Reference. (If Any) [: Ext. ( Item No. xx.x, C.C.P. xx /xx /xx Text ( TWc Single Sp cc Below Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 1412 Kensington and find that as to form. is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office (see Certificate of Compliance), Fire Department and Building Inspections (see Certificate of Compliance), I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Irene Y. Melson. The attached thereto for Irene Y. Melson d/b /a Cocktails & More. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO, T HE COMMITTEE ; I A Type Department Head Name: RICHARD M. TOBE TXpe Title: COM SIONER Signatur of Department Head:� A�— `X� ( _ CIT OF BUFFALO d DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES e OFFICE OF THE COMMISSIONER BYRON W. BROWN MAYOR Certificate of Compliance i Ci , tat RICHARD M. TORE COMMISSIONER Number 1226 In accordance with the appropriate laws of the State of New York and or the ordinances of the City of Buffalo, the structures at 1412 Kensin ton Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, the portion identified on this certificate is hereby certified for occupancy. This compliance certificate is subject to the limitations specified herein and is valid until revoked unless automatically voided by this certificate being altered in any manner if there is any violation of a law or ordinance found to exist subsequent to the issuance of the certificate, i.e. continued compliance with applicable codes and ordinances is required. �E171( C /n/rp/ s � r or-le L) missioner o�,c no mic evelopment, Permit and Inspection Services Date Issued: 10 /25/2007 Building Classification: Type 5b, Frame Unprotected Occupancy: A Building Permit Number: 5705 Building Inspector: Wischnewski Date of Inspection: 10/19/2007 Issued: 5/27/1987 Receipt Number: 18627 Portion of Building being iinspptted d certified: First floor bar / restaurant Reviewer by:_ 65 NIAGARA SQUARE / 324 CITY RM L / BUFFALO, NY 54202 -3303 / (716) 851 -4972 / FAX (756) 851 -4242 / TO RE MAILED TO: Buffalo Police Department APPLICATION RELEASE FORM ldenutication Section 74 Franklin Street --a ; - Buffalo, New York 14202 ` There is a $10,00 fee to process this data. By mail, payment MUST be, made by money order. DWNOT send cash through the mail, In person, payment can be made by money order or cash. Checks are not accepted x Make.money orders payable to the Buffalo Police Department. R F.aV • - _ Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. CoAzplete alb the information listed below and have your ideetifcation and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WELL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME 4F APPLICANT - LS /MAIDEN NAME -b 4h! [ SEX RACE 1 CURRENT ADDRESS: DATE OF BIItTII: SOCIAL SECURITY #: REASON FOR REQUEST: ,(mac t t1 C SIGNATURE OF APPLICANT - 1 DATE �p . State of New York j County of Erie ) SS. City of Buffalo } . On the day of O nt 19,W„ , before me personally app �-(��� pp C : r\- - - -, to me known to be the same p on described in, and � �,: wTio-e esnts� *t. o ozr�g nzs r�_%G1mowledge executi on th WE o rYPublte StateofNgWYOrk Notary Publics issioner e dS Qualified 0 tF - Cflurtty commission Expir: .._..._ ...... .............................TO BF COMPLETED BY IDENTIFICATION SECTION PERSONNEL ............. ... .,.......... .......::.......... RECORD ATTACHED 1� (' VERIFIED BY NO RECORD ON FILE DATE VERIFIED L - t� NOTE_ USE 6F THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VAL ID UNTIL STAMPED. BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT l DATE OF INQUIRY: 06/22/2007 11:44:,' NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: MELSON, IRENE Y DATE OF BIRTH:' RACE: Black SEX-,F ADDRESS: 155 MILLICENT AV BUFFALO, NY BUFFALO, NY SOCIAL SECURITY #,- FCN: 07009491 NYSID: BOOKING /ALIAS NAMES: MELSON, IRENE Y WARRANT /WANT INQUIRY - REFER TO WARRANT #: THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. NO RECORD BUFFALO POLICE DEPARTMENT ly CHIEF CI-ERK DEFEJIY CHIEF CLERK Jr,_orlI CITY JUDGE Transcript of Criminal Docket Records THE PEOPLE OF THE STATE OF NEW YORK VS. Irene Y. Melson, Defendant STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF TONAWANDA 4 � s k r JtL c 1. ✓.�f�f%l WA AafG ASSOCIATE JUDGE 1, Michelle A. Sipcich , Clerk of the City Court ofTonawanda, New York, do hereby certify that the following is a true, and correct transcript of the Criminal Docket Records of said City Court, relating to the above named defendant, as follows: Docket Crime or Presiding Date of Number Offense Magistrate Arraignment Disposition 1 -21-97 96 -9527 VTL 511 -1A U MISD J.J. Cassata 1 -7 -97 reduced to VTL 509 -1 INF No Aggravated Unlicensed Driver's License -Plea of Guilty Operation 3 Fine $50, Mandatory Surcharge $25 VTL 512 U MISD Suspended Registration VTL 319 -1 INF No Proof of Insurance Reduced to VTL 401 -1A INF Expired Registration - Plea of Guilty $50 Fine, Mandatory Surcharge $25 Reduced to VTL 1201 -1 INF Illegal Parking - Plea of Guilty Conditional Discharge Paid 11 -6 -97 T lCr���i t / v CITY HALL... 200 NIAGARA STREET CITY OF TONAWANDA, NEW YORK 14150 TELEPHONE: 716 -845 -2160 FAX: 716- 693 -1612 r y . Date: �° .- ..� � Signature: iii cr"MALL DvFrAW, NEW YOXX "Comm Aria AypL14�Anm mUsr BE CohuqXm IN FUU PHOTO ID RVQVEM AN TIME OF APPLICATION NO F, - --A,lLCADF COW CADWMOF I AAWnM*M DVaCZ ---$KWJTAM --- )lrUaARDVAU 4 D ) L _00 00 VANCWG Lfp• C A) T I - A U, (� �„ R+pt�ClRUtt ow—JUL 2 5 2007 - 7 AYPIACAWr Allbl.ss Q M Wra=-n (aMVQ Wf� 4 01 LM" CM) (SUM CO- APPLICANT ADDAkSS ("O'nsEm (affwvmmvuu* oum mj* Le COR",RAUONXAW—L& � AnWCORMAM 0 - 7 t-J, s) - VL� JLL-93 I ►TE TAX U)M Mst APPLICANTD10/8 r X, k c it or 3 U M _MM Y 0 V A X 8 C n K Co APPLICANT IDIOAB--_—_--JPIACX 07 4lRTff—AA*'YoV A US CrrMEK__ gA1'PLIrGIBLS {. NO, o'FAMUS"=NT MAC =M— W0FlUAAMT"XXsS— N0 (o befirwm* Rib Day of 02 1 fl im f w #c for iris on co 9 NON REFUNDABLE APPLICATION FEE 25 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: NOVEMBER 5, 2007 FROM: DEPARTMENT: ADMINISTRATION, FINANCE, PURCHASE DIVISION SUBJECT: [:DISPOSAL OF VEHICLES PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx /xx) THE DIVISION OF PURCHASE WOULD LIKE TO REQUEST PERMISSION TO DISPOSE OF BY MEANS OF AUCTION OR SCRAP THE FOLLOWING VEHICLES: F -142 1987 CHEVY PICKUP FROM FIRE DEPARTMENT HR -07 -CC 1992 FORD SUBN FROM CITY CLERKS OFFICE BOTH VEHICLE ARE UNREPAIRABLE. SIGNATURE DEPARTMENT HEAD TITLE: DIRECTOR OF PURCHASE I - 4 Mr. Bonifacio moved: That the above communication from the Department of Administration, Finance, Purchase Division dated November S, 2007, be received and filed; and That the Director of Purchase be, and she hereby is authorized to dispose of the above listed vehicles by means of auction or scrap. PASSED 19 TAF3:mw T:1wp6O\mswordlncnv119c I 1- 13a.dac .. Im 35 FROM THE CITY CLERK OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics November 9, 2007 r °:elf Honorable Members of the Common Council; 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 C -v ` n/z e The van used by our Records Retention Center was not able to pass inspection. There were numerous problems with it, and Tom Laudico who services the City fleet recommended that the vehicle be taken out of service due to its dangerous condition. I am asking the Council's permission to purchase a new vehicle to be used to transport our records between City Hall and the Record Center. We have money available in the City Clerk capital projects line. I have contacted Kathy Fitzpatrick in purchase and we could purchase a new vehicle under the state contract for approximately $ 1 5,000. This will not be a take home vehicle, and will be stored at our records center with the appropriate city seal attached- Sincerely; Gerald A. Chwalinski City Clerk Mr. Bonifacio moved: That the above communication from the City Clerk dated November 9, 2007, be received and filed; and That the City Clerk and the Director of Purchase be, and they hereby are authorized to purchase a new vehicle under the state contract for $15,000.00. That the acceptance of the donation of this vehicle is approved contingent on, that concurrent with it's use, there be no increase in the number designated as authorized for take -home use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the replaced vehicles be removed from City service and disposed of in the best interests of the City. Passed 19A TAB!mv T:Iwp60msw ordlrmv\ 1 Sac 11 -13 a. doc; V Ch tIs NA 43 e No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 600 EAST NORTH S`1' Business Name Owner's Name Joseph A Carrier RECEIVED AND FILED c� �� October 25, 2007 Buffalo City Clerk City Hall Buffalo, NY 14202 RE: Joseph A. Carrier 600 E. North Street Buffalo, NY 14211 Dear Sir /Madam: Please be advised that subject is applying to the New York State Liquor Authority for an On- premise liquor license for the premise located at 600 E. North Street, Buffalo, NY. Very truly yours, Fa . Kell er A C Consulting Services 265 Densmore Street Buffalo, NY 14220 -2546 (716) 523 -2434 CC: State Liquor Authority I m I\lft Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. 96,1 3 (Rev 01/02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s) . I further certify that the person(s) named in Schedule " A " have been certified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: November 12, 2007 in the Department of Public Works, Parks & Streets Division of Water to the Position of Chemist Permanent, Provisional, Temporary, Seasonal - (Insert One) . Provisional (Appointment, Promotion, Non- Competitive) - (Insert One) . Appointment (Minimum, Intermediate, Maximum, Flat) — (Insert One) : at the: Starting Schedule "A" (Enter Starting Salary) : Starting Salary of $35,398 LAST JOB TITLE: Name - - -[: Shawndre L. Horne LAST DEPT.: DATE: / / Address --[: 159 Chester Street LAST SALARY: $ City & Zip - - -[: Buffalo, New York 14208 Last 4 digits of S.S.N.: XXX -XX - 3587 -°--------------------------------------------- LAST JOB TITLE: -- - - - -- Name ---[ LAST DEPT.:_ DATE: _ /_/ Address -- - - (: LAST SALARY: $ City & Zip - -- -[: Last 4 digits of S.S.N.:XXX -XX- LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: / / � Address - - - [: LAST SALARY: $ City & Zip - - -[: Last 4 digits of S.S.N.: XXX -XX- LAST JOB TITLE: Name - ---[: LAST DEPT.: DATE: / �- / — Address - - - [: LAST SALARY: $ City & Zip - - - [: Last 4 digits of S.S.N.: XXX --XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE.:- 53003701 BUDGET ACCT. OBJ..: - 411001 Proj ID SALARY RANGE OF POSITION $ 35,398 - $ 41,150 REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO.: 7330 PERSONNEL REQ. NO.: 2006 -07 PER: YEAR X DAY HOUR T YPE NAME OF APPOINTING AUTHORITY Stephen J. Stepniak.• -� TYPE TITLE O APPT. AUTH. Acting Commissioner DATE: SIGNATURE OF APPOINTING AUTHORITY �_.�:1,,.:! \ \JL ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APR_Q.TRfTMENT ) OTHER COPIES TO: 45- COMPTROLLER #6- HUMAN RESOURCES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 94 (Rev 7 -07) ,. ,E Certificate of Appointment ` 1 ,. In c'omplimica with Provisions or Saeticm 24 -2 of the Charter and Chapter 35 -1 of the. Ordinances of tl €a City of lhffilo, I tray €smi€ this eertificatio €€ of: €ppointment(s) or p€olnotion(s). I tt €filler certify that the pejson(s) nanied in Schedule "A" have been certified or approved by the Ilr €man I csoureeslCivil Service fnf the AppoittinAcnl. Effective: November 5, 2007 in the !=Department of Assessment and Taxation Division of to the Position of Assessor - Temporary Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARY Open- Competitive, Promotional, Non - Competitive, (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 40,670 LAST JOB TITLE Hired from private sector LAST DEPARTMENT DATE LAST SALARY 1iTi11�TU11111?t NAME Moses Robinson, Jr. ADDRESS 479 Wyoming Ave CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN- XXX -XX -3665 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0654 BUDGET ACCT. OBJ. 41 1001 PROJ. ID PERSONNEL REQ. No 2007 - SALARY RANGE OF POSITION $40,670 - $47,203 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: Martin F. Kennel Commissioner DATE: November 5, 2007 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 - COPIES TO, C11 Y CLERK (CDN Fb RE APPOINTME DATE) OTHER COPIES TO, #3- COMPTROLLER 94- HUMAN SERVICES /QIVIL SERVICE #5-BUD #6- [DEPARTMENT #7- QIVISION #8- EMI'tQYEEfS1 CW #4 (Rev 7 -07) U Certificate of Appointment I corupliane�; n'itlr provisions of SQction 24 -2 of the Charter and Chapter 35 -1 of the €)rdiriani €s of ow City o£ 13alfalo, I transmit Ibis iertificat €oar of appointlllent(s) or prosraotiorl(s). I thriller I:Crtify that t1w perscvr(s) named in Schechale ".A" have bete cer ified or approved by the Human Resoureeg /Civil Service ibr the Appointment Effective: November 7, 2007 in the Department of Assessment and Taxat Division of to the Position of Real Property Appraiser - Temporary Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) TEM Open - Competitive, Promotional, Non - Competitive, (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Sahaty) . Starling Salary of $ 37,052 LAST JOB TITLE Hired from private sector LAST DEPARTMENT DATE LAST SALARY NAME Jeremy D. Martz ADDRESS 95 Kimberly Ave CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -6882 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0695 BUDGET ACCT, OBJ. 411 001 PROD, ID PERSONNEL REQ. NO 2007 -97 SALARY RANGE OF POSITION $37,852- $42,836 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY DATE: - Martin F. Kennedy Commissioner November 7, 2007 SIGNATURE OF APPOINTING AUTHORITY: V ke , `� J <Q^°"""�` _ Y - ORIGINAL + 2 COPIES Tb: CIT CLERK {DNI APPQt DATE) €7THER COPIES To #3- COMPTROLLER #4 HUMAN SERVICES/CIVIL SERVI #5- BUDGFr #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE {S} E NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Memorandum To: Deputy City Clerk Gerald Chwalinski (3 copies) From: Program Packaging and Development Services (PPDS) Provider Date: November 6, 2007 Regardin Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 5, 2007: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated October 1, 2007 3. Fully Executed Phase 11 Application and Certificate for Payment No. 36 -- September 2007 4. Phase II Application and Certificate for Payment No. 37— October 2007 5. Fully Executed Phase III Application and Certificate for Payment No. 6 — September 2007 6. Phase III Application and Certificate for Payment No. 7 — October 2007 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase 11 Project— September 2007 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project — September 2007 10. Buffalo Niagara JOBS initiative Update l AND FILED BRIAN C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE., (ZOOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851 -4980 • FAX: 851 -6576 E -mail: bclavi.406ty- buffaloxom October 31, 2007 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 CHAIRMAN FINANCE INCLUSION COMMITTEES BUDGET CLAIMS EDU CATION MINORITY & WOMEN BUSINESS JOINT SCHOOLS CONSTRUCTION BOARD BUFFALO PLACE ly Legal Opinion on Proposed 175 S. Division Public Parking Facility Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held November 13, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember '3 �.Uui >llivi �l'uuult ii City of Buffalo "Communication is the key for a better tomorrow" THE KNOER GROUP, PLLC r 424 Main Street, Suite 1 707 Buffalo, New York. 14202 (716) 332-0032 www.knoergroup.coni Richard E. Stanton rstanton a�kraoer October 26, 2007 Peter Savage, III Assistant Corporation Council 1 100 City Hall Buffalo, New York 14202 Re: 175 South Division Street Dear Mr. Savage: It is my understanding that you have been assigned the matters concerning zoning compliance, and site plan approval for Ellicott Development's attempt to convert 175 South Division Street to a public parking facility. I previously submitted a letter to the planning board dated September 24, 2007 which outlines the existent R -3 zoning covering the property, and that the R -3 zoning precludes the use of the land as a "parking lot." I also set forth that the zoning requirements do not allow for a non- conforming parking lot use to be considered an "accessory use" wherein the principal use is not located on the same parcel. As you may be aware, the applicant in the matter pending before the Planning Board is a private for - profit entity who has made claim that the zoning of the City of Buffalo somehow does not apply wherein his initial tenant maybe a governmental entity. I have found no law supporting such the broad theory that a County agency's prospective tenancy removes the lawful restrictions of zoning on property placed by a municipality. Our state, through General City Law Section 20 subdivisions 24 and 25, makes zoning of land usage, and the permissible size and dimensions of such usage, the responsibility of City government. The limitation on the general delegation of such power to cities arises where the imposition of the land use regulations unduly interferes with the performance of a fundamental purpose of a special purpose corporation, such as an "authority ". The seminal case on the balancing of governmental interests is the Matter of County of Monroe's Compliance, 72 N.Y. 2d 338. Here ECC has not argued that the surrounding zoning around the ECC campus interferes with their ability to carry out their chartered duties. I believe the record before the Planning Board, and City records amply support that there is an abundance, and in fact too much surface parking, in the vicinity of the school already. Both the district councilman, and the neighbors spoke at length on this condition, and ECC has not disputed the fact Subsequent to Monroe County, in Huerta v New York City Transit Authority, 298. A.D.2d 33 (2001), and Levy v City Commission on Human Rights, 85 N.Y. 2d 740 (1995) the applicability of municipal ordinances were found to apply to transit authorizations, over the authority's vigorous protests, wherein they S avage October 26, 2VV I did not prevent the authority from carrying out their chartered purposes. In Huerta, city building code was found applicable to the operations of the transit authority, over the authority's protestation that they were not subject to the regulatory safety standards promulgated by the city. A review of the contract amendment submitted by the applicant in the matter before the Planning; Board does not support the theory that the County educational institution is submitting that it needs to disregard the City's zoning ordinances to carry out their corporate functions. In fact the Contract Addendum dated October 22, 2007 case of the county has not submitted the land owner's activities should be exempt from the local zoning ordinances in fact to provides to the contrary where it sets out: The property owner shall construct such improvements upon such property in accordance with the plans and specifications approved by ECC and any and all applicable state and local building codes, ordinances, or other specifications required for use of such property for parking purposes. (Emphasis added) See Contract Addendum para. 6. Here, the local "ordinances" just do not allow the "use of such property for parking purposes ", and a variance or zoning change is necessary to make such land use lawful. ECC has simply not even attempted to hold out that this particular plot is "necessary" to become parking in order for ECC to survive and fulfill its educational purposes. In fact it does not appear that they have sought to take ownership of the parcel, but rather have offered to enter into a contract with the owner on a lease terminable on sixty days notice, if the private party landlord can develop the land as a parking lot. It is respectfully submitted that unless a zoning change, or variance, is first obtained the prospective landlord may not lawfully develop the land as a parking lot, and the Planning Board cannot lawfully approve the site plan for an illegal land usage. If you have any further questions on this matter please do not hesitate to call me. Very truly yours, AND n LED RESIjr THE KNOER GROUP, PLLC ?char�dE. Stanton 2 BRIAN C. DAVIS ELLICOTT 13I57'RiCr COUNCIL MFMI3ER 65 NIAGARA SQUARE, ROOM 1408 BUFFAI,O, NY 14202 -3322 PI[ONE :851 -4980 + FAX: 851 -6576 F -mail: bdavis@city- buffalo.com October 31, 2007 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 000f),3 CHAIRMAN FINANCE INCLUSION COMMITTEES BUDGET CLAIMS EDUCATION MINORITY & WOMEN BUSIN1.S5 JOINT SCHOOLS CONSTRUCTION BOARD BUFFALO PLACE Re: West Village Renaissance Group Rebuttal to DPW Report on Traffic Redirection for W. Chippewa Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held November 13, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember I -- q QL ����II n , V Vn COMM[ City of Buffalo "Communication is the key for a better tomorrow" t4 Fzip. it R -,nr`FR'ti , r_' -S DPW 1Zcporl on traffic Redirection fir W. Chippewa Rebuttal itf Rodgers - West Village Renaissancc (.iroup - 10/23/2007 Um Nltwimew Of Pubheu 'W1Jr1(s, Parks and }i. West 4hippyvm Sired batmen Sasslli t Amm"onrt nad Georgin 5tract #'rota weutbound to eutb[iund. Due to the fact Gear[ ,: i, Sirc d is Pmently Ono wily vvestbowId stud Whitney Pine, is ODA MY easFit and it would gsatly increase the travel, disttuicas lbr vehzirins de3&ad for certain location,. 1 aonI.es instnnrsa it would take: six blinks oftraval. nsteai of one [dock. Due io the consideration for etnmrgomy vehicle access and to avoid creating., a cot►t stshw uefwork of one -way streets, this departri o nt reeormucnds thattkte ttrapoxed change does slot tltt t (Jt;ttC. While I can appreciate llte need ftzr residents on 12abin "Terrace, which is as two -way street, to access this ease of route:, the traffic issues not enforced due to lack of police staffing and other t atl is errl'orcenrelrt means creates dangerous issues for the residents of this areal. What veer v ould Coll lit cr- propose is that: • prospect _avenue, is nude into a tcvo -way street from Georgia to Maryland_ Prospect is much wider anal can afford the two -way tratlic. I ILu'olt fi'0111 S. Elnxr oocl to Niagara is made into a two -way intersection; case of access through Rabin Terrace onto Prospect can also resolve the six block. travel as reported by DPW. Entry into the West Village can then be through Maryland from Niagara; Carolina [roar Niagara, and Huron firom i4liagara as well as Maryland from the east and Virginia front the east; and Huron Bona S. f?lnawood to Rabin Ter Many residents of) ha test Village are familiar with the sorics of one -way streets. A young couple lilting dlrc, �tly at the intersection in question has no qualms with the redirection as they have to go through i } rospoct to Carolina to Whitney Place to enter their driveway anyway. They applaud the proposer[ redirection its they are also negatively affected by the traffic ]low at this time. Mr. Gareis needs to visit the area and see the number of vehicles speeding through this intersection while disregarding stop sighs on the corners of W. Chippewa and Georgia, and Georgia and Prospect.- The parking situation for residents is also at issue here with the case of'parking by utilizing W. Chippewa into the West villagc, This is also compounded during evening and weekend ]tours as there have IWO] nanny ` -side parties /tailgating" on that section ol'W. Chippct ;N�a betiare the owners of said vehicles continue into the entertainment district. It is a matter of safcty, is well, as there have been a series of muggings in the area of the inte-rscc:tion ofw. CIaippL %�alC;corgia /Wliitiioy Placc late at night ,Nheti visitors to the Chippewa 11;ntertainment District walk back to their cars. Mighl we also remind the city that this was the sarne intersection whc.r(. faretc and Andolina were shot last December? This intersections beconies a fi to Niagara Street and those, escaping arrest to the Shoreline 'lpartinents - aii tareia, poorly lit and not policed on a regular basis, creating safety comerns on that level, as well. The W. Chippewa section is also aligned with Ilutch -Tech HS and speeding vehicles, large trucks making dcliveric,s to Niagara Street from S. Ishnwood, and other issues also compound safety issues for those attending th.e school. REFERRED TO THE COMMITTEE % � TI . CHr2YSL_EM October 23, 2007 Air,? 6 U) Ms. Mary H. Baldwin 19 O,_ Legislative Staff Manager 2, The Common Council Legislative Staff City of Buffalo 65 Niagara Square, Room 1413 City Hall Buffalo, NY 14202 -3318 Dear Ms. Baldwin: Thank you for the September 25, 2007 correspondence with Dr. Dieter Zetsche, Chairman of Daimler AG. Your letter has been forwarded to Chrysler LLC, and I have been asked to respond to The Common Council of the City of Buffalo's thoughts on our business relationship with China's Chery Automobile Company. Our recent partnership announcement reflects the realities of a global industry and our need to remain competitive in all segments. The partnership allows Chrysler to bring a low- margin subcompact car to market fast and meet targets for low cost and high quality manufacturing. Chery has already adopted some of the most state -of -the art manufacturing and product development processes and is well on its way to becoming a world -class automaker. We, as one of the world's foremost technology and safety engineering companies, will work closely with Chery until we're satisfied these new vehicles meet safety, quality and emissions standards in markets where they're sold. It's generally understood that the only way to compete in the ultra - price- sensitive subcompact market requires the most low -cost manufacturing base. These vehicles represent an entirely new product category for the Chrysler Motors Group and do not replace any current vehicle or manufacturing plant. Additionally, Chrysler is not the only manufacturer to form such a partnership to bring these vehicles to market. Thank you again for sharing the Council's resolution. The comments have been documented. Sincerely, RECEIVED AND HLED Christine Estereicher Senior Manager, State Relations & Legislation cc: Norbert Otten Daimler AG - IV A LT SIT 56 Gunnville Rd. Cst..1925 Lancaster Ny 14086 10124/2007 Phone: 759 -0430 Fax: 759 -0433 City Of Buffalo 1414 City Hall Buffalo NY 14202 ttn: Richard Fontana City Apprentice Program Legislation Fax: 851 -5364 600034 m07 - VCIT4 - - - 33140 - 10/24/2007 Clear Mr. Fontana, It has been 3 months since I spoke to the council regarding the Apprentice Program legislation for the City of Buffalo. At this time it appears that the council has still not addressed this issue. With the busy bidding season only months away, it is hard to understand why your group appears to not want to redefine this legislation. In its current form, the law could be interpreted to not be in the best interests of your constituents. As it is now, the law makes it more difficult for the Public Works Department to get work accomplished as it greatly limits the pool of contractors eligible to bid. This again will naturally cause the price of the work to increase, increase delays in getting the work done and affect the quality of the eventual product. This can be confirmed through Mike Zera, Senior Engineer in Public Works. Since I addressed the council in July, New York State has made changes.to its apprenticeship program putting a freeze on addressing any new applications for companies trying to establish their own program. Based on this, our company is totally shut out of bidding to the City as we now can't start an apprenticeship program even if we wanted to. How can this be fair? Our country was built on the premise of free enterprise and open competition. The current apprenticeship legislation has stymied that spirit. As I also discussed, with the type of work our company performs for the city, the requirement of the current apprenticeship legislation will not be effective in training residents of the city. If this traning is the real intent of the city, there are better ways to accomplish it. Again, 1 ask you to reconsider this legislation and do what would be in the best interest of the entire city and all it residents. Please feel free to contact me to discuss further @ 583 -2329. ; R"e tfulfy Submitted, Marsherall -Vice President CG REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION CO CC; J OSEPH GOLOEIMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 City Hall BUFFALO, NY 14202-3318 PHONE (716) 851 -5116 31 October 2007 Mr. Gerald Chwalinski City Clerk 1308 City.1 -tall Buffalo ANY 14202 Letter from Cold Spring Taxi —Taxi Rates Dear Mr. Chwalinski LEGISLATIVE ASSISTANTS TIMOTHY VON LEEK EMPTENI JOHN FRACOS LOMMITTEES COMMUN" DEVELOPMENT CLAIMS EDUCATION LEGISLATION Please file the attached letter from Gregory Hopkins, owner of Cold Spring Taxi, regarding how taxi rates are displayed and charged to ctistopiers. Please file the itern for further discussion at the next Common CtIncil session. J'hank you for your attention to this platter. Sincerely, C � 4 Joseph Golombek, Jr. North District Councilmeinber Enclosure common counrit City of Buffalo .s OCT -29 -2007 10:18A FROM: TO:8515648 P.1 October 29, 2407 Dear C ounc i I members: My name is Gregory Hopkins from Cold Spring Taxi. I am writing you this fetter to inform you of a problem that 1 see with a decision that was unanimously of re ent,ione July o 2 a other abs, how we display our rates and how we charge our cu stomers. As companies that they do business with, and s ome independents Ca�' of buffalo. this does approach you ye t r not s exist n the tile rates that we all should follow and not veer from As of Yet t t have gone an with These displays and rates have personalty affected my business and my comp their business as usual in their company. ALL MY The difference in our business was that I displayed a lesser rate and charged ther rate QI had MY customers with no discrimination at all, rather be a contract with the county or any competitors would have you believe that all taxi me of calls, but we don' All � com p a nies �d n c the fall customers, clients, contracts and the same vo l u me and as of Yet the same prospects or roll clown the same track. 1 have asked h under should serve as alguideline to help still have no answer. 1 feel that the laws that you a governed businesses in your community and not confuse them athe all same axi companiesin thus city are h d e new roles of my business that I serve s i was told h display the same rate unless certified fi as a senior citizens contracted�and government accounts? What case, then w i l y are their hidden prices in my competitor the difference between a contract, corporate and government rate? also, if all the rates are to he displayed and charged the same to every customer than he se t to their pretferredecustomerstc at should business as usual tactics of giving discounted rates a y companies should have been affected after this law was a ou should as if YOU ma price makers h make suretl at yo have a law and display and charge the same rate, y ou this city. proceedings to govern all city, county, state, private on kind are to be given in xicabtindustry i to e confirmed and proof shown that no discounts o y if no discounts are to be given, than no taxicab that rides that d over from tiro c ty it buffalo meter Off at ay time n should have or flat rate. If that happens, a penalty should be given In reading the new city of buffalo ordinance, it does not give a clear definition of charging the to maximum rate which is offered from the city. It also does not state that all companies have to charge tt e sam rate. Since this is not in the Ordinance and the gr offered ey areas, my question to you is can my company charge ge order to do so than n at how are yourocurretntly y and if so haw do we comply with the local government governing other companies for charging discounted rates e stand behind the laws that govern the taxicab industry and give me and those who work segre gated fleas passed and some closure to the cab fairs with me some understanding of this law that has been p in the city of buffalo. Also, please support and attend our taxicab meetings and inform us with your findings on this matter. Sincerely, RUERRED TO THE IT Gregory Hopkins, Owner, cold s pring Taxi ON LEWSr n (716) 884 -0347 phone (716) 884 -5256 fax. 9 rllT'Y_ i t is Ole _ it _ r , u .y_ZY MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202-3318 PHONE, (716) $51 -5169 ♦ FAX: (715) 551 -4294 E -mail: mkearnsOcity- buffalo.com CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT COMMITTEES EDUCATION FINANCE LEGISLATION ENIOR JENNIER W ST RH LEGISLATIVE ASSISTANT MARTI MURPHY MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Kearns DATE: November 8, 2007 Rk Southtowns Connector -- Various Infformation I would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. Thank you. "Far the People" l00 :2 ''v, No, 5339 1 Buffalo Business Firs: Novetnloef 1`8, 200" Page 58 A 1 d l roadwaY walans P g ress is in the ,,, for �iu�'llvs South t,wns is or so son* oifi�aLs want you to believe. and news: At first, their news rnigllt stnlike S guhnnann Dolltevaid, a potho).L- riddled roadway long spUtby die elevated roams t connects the Southtawr>s with dam' be consoli- dated ixl a four- lalxe, two -way boulevard. jt will be try -lined and gwen, spit - and - polished with smrrtped concrete, and OcOW snake along the lakeside developuWntthat it will hopeAAY sPur. That part is good, But tber6 a problem, ortatlon and state Department of 'ilnrrsp Rep. Brian Higgrns want to leave tine elevated roadbed standing.'fheir thou t a law -speed they want the clew pay tTtorougbfare - but their reasoning is nok ,levated highways ale a major deterrent to development Their dominating Physical pres- ence and general unsightliness combine to form a virtual noose on the land they inhabit. They choke off pzogre �. Want proof? just look at the skyway merit has been In an areal where develop deterred for decades, we dor; t need one more reasori to scare businesses away. hts p To �Wns' cw&t, lie hasrd dropp to the S ywaY tarn down. - Lowcring all traffic on Fuhrrnann Boulevard to grade level would be part of that eventual solritiort. Tt would create the needed mom entum to prompt destruction of the Sky1 Y And Snore k b,,ediately, itwould make the waterfront berth accessible and appeaft to motorists of ap kinds_ from co mmuters to far Wes. That would irrvit &nd inspire development of all kinds - fmm large, mixed -use complexes to snlalj, locally awned retall shops, As far the lt�h-speed connector? jf les needed - and It ruayindeed be - a solutinn was waiting to be explored, Ten years agn, a plan was posed to nu" the connector a half -mile inland, com- fortably removed from the wa t er hant That's the place to do it because While we're ail for lnovirtg fast, we're also for moving right. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT 0T j C 2 ,146 " f i f t a 4 Ul MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 ♦ FAX: (716) 651 -4294 E -mail: mkearns@city- buffalo.eom MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Kearns DATE: November S, 2007 AT Southtowns Connector —Various Information CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT COMMITTEES EDUCATION FINANCF LEGISLATION SENIOR LEGISLATIV ASSISTANT JENNIFER L. WESTfRHOLT LEGISLATIVE ASSISTANT MARTI MURPHY I would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. Thank you. "For the People" i e P.1 �b s !; V I PROPERTY REPORT /By K ris Hudso - - Down. by the ..riverside. t Development Spurs Debate DaI taken precedence over -the s CITY Fox decades has project's public park, Trey also say the road will ruaix93 benefit ggled over how to de- Plop Wealthy property owi ers an- tbebanks ofits Trin- gling.to develop condor and of- ity River, a 20-Mile long wath of water and grassland slicing flee tolvers near the rit er. "Do we want a world class right by downtotivrl. . park in the heart of Dalhs or do Novo; an ambitious, $1.7 bil- ]ion plan to delielop the flood wewarttahigh- speedtoilwayto ruin that ?" said Angela Huth, a c1 as a park, lakes and a six- 35- year -old commercial lawyer lane tollway could be derailed elected to Dallas n 200 am id a battle between aloueDal- ]as councilwoman and much . who is leading the opposition. of rherostofthecitys Political and Caries across' he country are trying to turn. rivers anIlake- business establishment, fronts into assets, but those ef- Voters in this city or I.? mil - Lion . will . decide Tuesday .forts often spark big debates ove* whether transpoRtation Whether to scrap the tollway. At should supersede red( stake, supporters say, are bil- 'Buffalo, N.Y., residents a� e,isk- lions of dollars in related high- ing Gov. Eliot Spitzer to blod way improwments to ease traf- fie congestion and' a boon to an impending revamp of:an.ele- vated three -mile seeti )n. of downtovvm property values Mid Route 5 which blocks - ecre - recreation. Those against the tollway say it has � wror:.gty . atianal access to Lak e. Ed and Mease turn to P6ge Pow Dallas officials hm)p to redevelop the Trird#y Rleer flood plain F THE WALL p.2 r Rtffis C'orttirtred `runt page BI =. -scale it back to a stir•_aHerboulevard. '11=2, W- vaukee tore.down the one- _ ._ .r A East Freeway spur along the MiI- : gee Uw giveresidents and dovelop- ars aeuer access to the riverfront. Cities such as Grand Forks, N.D., and sore suburbs of,Chicago have installed parks rvithih floM plains as Dallas intends to do. But Dallas' plan to build a nhie =mile road ^-0n.g a riser's flood -prone hanks is unusual. :_ta3'ishing a majorthorouodare On the wa- e° Wide Of a levee is rare, if not lulprece- dented, and coulc complicate flood - control. That said, the U.S. Army Corps ofEugLnegrs hasn't blocked the idea otaight, arid instead s set high standards for theproloct's et*- ���specil;'eatians suclaast�str r T Iffouah Develop b and otherspointto a2005 city - funded, eco- nomic- impact report t predicts tl^e Trin. ity River project vAh produce "a positive e f- fect On the yr ue of real estate throaghouc the cottidor" and estimates a 3% to 5% rise in property values for the area, Thus, Mn Schutae wid other opponents conclude, lwid- ormers With significant hole, zns downtown_ stand to reap the most benefit from the ac- cess tho road brings to their properties. `They see this road as c. - acial to redevelop their land, " says K+ Schutze,whohasrelent- Aessly aracked the tell *nay in his colwnm Earlier this year, M.5 Hunt and her stip- porters gathered more than 90,000 signa- tw from Dallas voters to put the issue on the city's hlovember ballot "Do we want to group of roatgktly I00 t,f the city's busines: elite, provided $297,0130 of the protollwa3 comnatt�Ie's $12 millioll in funds raised. Mr. C,row waves off 1 he allegation that he and other downtown property owners are maneuvering to benef t their own proper ties. He characterized .1is downtown hold- ings, which Include the 1,8f10 -root: Milton Anatole hotel and the t alias Market CentO wholesale complex, as fraction. of his fami- ly's real- estate portfal.o. `•1n ter,ns of my Personal financial bene it doesn't make any difference at all," b? says. If you make ]Dallas a better place, it-All b e a better place for everybodv" Some environmentab Sts aag'ae thatinstall- I ;erg a tollway downtown will attrtct more o its (Lainage systems for.keelp �. e lire road, including oil and hn = s .. _.e_ Iping into the river: lrallas' stretchoftlieTrlcutjlavdrisbral�t- - . F'�l, �� � - eteedbyZ9 fgot -hi hlevees.Mostoftlrelime; he river is little more titan "a largie stmt, caving a massive, half-rnile- wide "iribbot if '.�' 'e� space bisectirif; tl�e city's heavy rains swell the Trin- r e Lathan that laps against both i _lN ees. l : usuallyiccedes iYitNn days, and it hosn "u topped its levees in the more than SD Y _S ; },he Arn y Corps of Etrgineers has man- flood. plain. As pla -med, the road ° :TE 19 fe @t aboire tho flood corridorrs ., ar! earthenbase. That would put it s! •^ - -k *her than the anticipated water Iir.2 ra a 104 - year flood. Intypical Texas Ayle, Dallas' plans to de- ' lop the s *nrath are ambid Otis. They call for F gging lakes, building parks and erecting idges for caxs and pedestrians. Pia_ nets 45 zt�€siar, creatatg bends iii some stretches a " Ver to foster diaerent grater h2bt Wo of downtown Dall in June, - ain i,ter almost fills the hood pain of the Trinity River, is s 's, 0 -s well as kayak inn with - luaci _ P_ds in one section. A 120 -acre tract create beautiful places and attract the cre-- Lnecorridor'sforested, southernhnd ho�E1 ative class toDallas ? " Ms, 14tutt says. "Orwill -2$ 01nillioaTxinitYllivezAudup °� *e ; whim l hay, e e hibil s the city sacrifice its onlynaturalassetinor- der F(iv x> trrtot rl� _Ga ;tat conservation and discussi , to shave a minutes off of a suburban ' commaleT's trip ?" i..,• dace in Dallas history. The coalition opposing Ms. Hunt is vast. of`he campaign to block the Joining Dallas Mayor Torn Leppert and T s. Hurt. As a freshman coon;.,, Huntcouncil 's l3 cou colleagues to fight the ref - 611'r-ember, she studied the Tijni#�? River evendim are most of the area local, state �* olect and saw that the tollway, wbi&isp o and federal politicians, ea.amhers of com- cted "' have a speed limit of 55-mph, had tnerce and business Leaders. Even maverick t !) pr Led into a much larger entity Cian thld former :•mayor Laura Miller; who rarely 35 -mph road initially envisioned 6 missed an opportunity to challen ;e develop- roads expansion had come ers seeks ag city subsidies, considers the six- 't "'o .-x ~: ense of the project's pa <, the very lane too vay acceptable halight of the recre- :may -ltat eart tie voce in 1993 when atio ?tai and scenic uses that will come with appl 'oved$24fisniliionin bonds farlhe E ' it, including anestiniated20 miles Oftz - ails, t, she says, and 22 soccer f'- elds. Among those whobave . ' pis .?#!mtfound allies inabandufenviron- donated to a political action coramittve op- 'cse_alists and conservationists who posingthereferendu::tare partrnelitGevel- c ;rse the tollway. Among there is Ain operJFI Aluitifairiily fnvestraents LP; Har- :' ?rorainen* City -hall colutmrist For lan Cri , sort of Dallas real-estate magnate e D, Observer newspaper who fre ., Trarnr &l Crow; and Marrot Perot, wife of ' rttly neet+lles city officials for alleged Alec - reric Data Systems Cap. founder H. tism anAshport sightedness.A'lr.Schut Ross Perot. The Dallas Citizens Council, a cars and, thus release woe arissions in Cae area. But proponents. iiic.uding MaYOr Lep- pert,counter that the tolly aywillrelievetraf- fiic jams dOTAmtown by pr rv:ding a "reliever route," and actiLatly red' ce emissions be- cause there v,rl Lbe fewer c irsidling in traffic. tlilayor Leppert, the cliairman and chief executive of construct.on firm Turner Corp. prior to his elect ion iii June, de- scribes the tollway as the linchpin of the en- - -ire Tri>.ity River project. The mayor says that restricting or elimir ating the tollway grill make it challergin)' to gain federal money for planned expan dons athighways feedirxg into downtown, b :cause federal au- t:iorities won't widen roa;ls vita the result of funneling traffic into a oottleneek. Rout - big traffic elsewhere in Ii Ott of building the tollway i4,dll cost Oar estim ited $500 million more *orbuyin_- prcliertlus along the cdter- nate route, he says. If voters rejact tote tol - way, Mayor Lep- port says, "theca we are go. rig to -ose the op- poittunity tc uo the T - riuif .• project for yotar genernbo_r and mirte. " - c_S !1#� li3 11t�'r�l}11t}f . $7FC�11�J8! � � v .1v war QJ o uttato common counat MICHAEL F. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202-3318 PHONE: (716) 851 -5169 ♦ FAX: (716) 851 -4294 E -mail: mkeamsOcity- bwffalo.eom N _.._ , % i TO: Gerald Chwalinski FROM: Council Member Kearns CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT COMMITTEES EDUCATION FINANCE LEGISLATION SENIOR LEGISLATIVE ASSISTANT JENNIFER L. WESTERHOLT LEGISLATIVE, AS ISTANT MURPHY DATE: November S, 2007 Southtowns Connector — Various Information I would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. Thank you. "For the People" 4 NATtoW CmEs 1IVmmw OCTOEEp 29, 2007 Aging infrastructure, airport delays and clogged highways, streets and roads will continue to Deep transportation funding on the Congressional agenda as Congress tries to reach con- sensus on legislation renewing federal airport programs and the national debate on the future of federal surface trans- portation programs gets under- way. The Federal Highway Trust Fund, finar red by federal gaso- line taxes, and redistributed to the states is not .beeping up with demand and is estimated to run out sometime in 2008. the bridge collapse in Vinneapolis has renewed Ittention on the safety of gambling roads, bridges and runnels. At a Congressional hearing ast week, lawmakers called on :J.S. Department of Fransportation (DOT) officials o clarify their priorities for ederal 'transportation pro - �rams. "Wh the U.S. transporta- ion system is first -rate, it is fac- ag substantial challenges that hreaten to gridlock com- aerce," said Senate , ommerce, Science and ransportat,ion Committee Hawaii). "Many of our high. ways, bridges, and tunnels, built in the middle of the last centu- ry, are nearing the end of their design life and must be rebuilt or replaced. The tragic Minneapolis bridge collapse this past August highlighted a growing problem across the entire nation, and serves as a wake -up call to the crisis facing all of our transportation modes and their essential infrastruc- tore." Secretary of Transportation Mary Peters highlighted the negative impact of congestion on the nation's economy, not- ing that highway and transit congestion wasted 4.2 billion hours of time and 2.9 billion gallons of fuel, an economic cost of $78 billion in 2005. She blamed congestion and inade- quate maintenance on the fact that spending decisions are Political rather than business decisions. "Transportation spending decisions are frequently not based on estimated return on investment but on the home- town of the governor or com- mittee chairman," Peters said. symptoms of the fact that invest- ment decisions are not business decisions, but political ones. Transportation spending deci- sions are frequently not based on estimated return on invest- ment but on the hometown of the governor or committee chairman." Peters identified DOT's recent congestion relief initia- tive, which would provide $800 million for new tools in five es, an a orrtdors of the Future program that has identi- fied six multi -state corridors for a variety of additional federal assistance, as part of the admin- istration's response to the nation's infrastructure needs. DOT Inspector General Calvin L. Scovel III outlined the following major transporta- tion challenges for FY 2008: a long -term solution for the fed- eral airport programs; and reform of intercity passenger rau; and predicted short- and long -term funding shortfalls facing the Highway Trust Fund. Scovel warned that the pre- dicted shortfall in the Highway Trust Fund "may require near- term reductions in federal highway spending." Current estimates place the shortfall at $4.3 billion, which could result in an obligation reduction in the highway pro- gram of about $16 billion in FY 2009. Ports, airports and rail facili- ties suffer from congestion and inadequate maintenance as well_ LU tU :tom U. Cono by Lalle Wollack Chair Daniel Inouye (D- she said, "but these are just citi d th C a 1" �-� "�t7� ALAN I-. TAYLOR, P.E. REGIONAL DIRECTOR November 9, 2007 Honorable David A. Franczyk, Council. President --- Fillmore District Honorable Michael Kearns, Council Member — South District The Buffalo Common Council 65 Niagara Square 1401 City Hall Buffalo, NY 14202 - 3318 Subject: SOUTHTOWNS CONNEC "T "ORIBUFFALO OU'T'ER HARBOR SOU T HTOWNS CONNECTOR, PHASE I CITY OF BUFFALO PIN 5044.01.121 Dear Councilman .F'ran.czyk and Councilman Kearns: AST RID C. GL.YNN COMMISSIONER I am responding on behalf of the Governor to your letter concerning the selection of the Modified Improvement Alternative as the preferred alternative for the subject project. Be assured, the Department of Transportation shares the City of Buffalo's goals of in - iproving access to the Buffalo Outer Harbor. The Modified lnprovernent alternative meets the established project objectives and will provide for a more accessible, inviting, and vibrant waterfront. A project this large may never garner unanimous srlpport and the Department appreciates and welcomes your input. The Department looks forward to meeting with you and your fellow Council members. If you have any questions regarding this project, please feel free to contact me at (716) 847 -3238 or Darrell Kaminski, Regional Design Engineer, at (716) 847 - 3214, Very truly yours, an E. aylor, P.E. Regional Director AET /DFK /DSA/bjli STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 1 00 SENECA STREET BUFFALO, NY 14203 -2939 www.nysdot.gov REFERRED TO TH IA, COMMITTEE ON WATF DEVELOPMENT cc: Darrell Kaminski, P.F., Regional Design Engineer J MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 - 3:318 PHONE! (716) 851 -5169 o FAX: (716) 851 -4294 E -mail rnkearnsOdty- buffaloxorn MEMORANDUM. TO: Gerald Chwalinski FROM: Council Member Kearns DATE: November 8, 2007 South Buffalo Brownfield Opportunity Area — Stakeholder Interview CH AIRMAN C.I.AIMS WATFRFRON DLVELOPMENT COMMITTEES EDUCAFION FINANCE LEGISLATION SENIOR LEGISLATIVE ASSISTANT {[- NNIFLR L. WFMI- RI IOI,I LEGISLATIVE. ASSISTANT MARTI MURPFIY I would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. Thank you. �� 1 "For the People' rage i of 4 Councilmember Kearns From: Bernadette Taylor [btaylor @berc.org] Sent: Thursday, October 11, 2007 4:10 PM To: Councilmember Kearns; Wolf,Paul Cc: Fell,John; Tim Wanamaker Subject: South Buffalo Brownfield Opportunity Area - Stakeholder Interview To: Honorable Michael Kearns, South District Councilmember Paul Wolf, Common Council Chief of Staff The City of Buffalo has been awarded a significant grant through the New York State Department of State (NYSDOS) Brownfield Opportunity Area Program to conduct a Nomination Study for the South Buffalo Brownfield Opportunity Area (BOA). The Nomination Study will be an in -depth analysis and masterplan for approximately 1,800 acres of strategically located, but largely underutilized land in South Buffalo (proximate to the Lake Erie waterfront, the Buffalo River and along major transportation infrastructure including New York State Route 5). The South Buffalo BOA is a project that is crucial to the renaissance of Buffalo, and important for charting the reclamation and redevelopment of these valuable lands. The City of Buffalo has retained the expertise of environmental, land use, and economic consultants to formulate the South Buffalo BOA Step 2 Nomination Document in consultation with municipal staff, elected officials, local, state and federal agencies, and non - governmental stakeholders including community organizations, landowners and developers. The process will include extensive community involvement intended to solicit feedback and participation from the community. The study process is anticipated to run from November 2007 until March 2009. As a first step in the South Buffalo BOA process, Urban Strategies Inc., the lead consultant along with the local firm of URS, will undertake a series of stakeholder interviews with various members of the community, and we invite you to participate in this process on: November 2, 200719:00am at 920 City Hall. The interview will last for approximately 45 minutes. The consultant team will have on hand maps and plans of Buffalo and the study area; however, participants are encouraged to bring and leave any materials which they would like the project team to have, or which represent ideas or concepts they wish to convey. The intent of the Stakeholder Interviews is to: • Inform community members about the study process, goals and timeline; • Review the unique geography and attributes of the study area; • Discuss and record community member views on the South Buffalo BOA initiative, including policy and development concerns, issues and opportunities which community members feel are important to address; • Identify potential community improvement projects and initiatives which would benefit the community; and, • Outline next steps in the process, including additional opportunities for participation and consultation. Please confirm your attendance at the stakeholder interview with John Fell (jfell @city- buffalo.com or 716- 851- 4533), Project Manager, by October 17, 2007. If you are not personally able to attend, please notify John as to who your representative will be including their contact information. The stakeholder interviews are scheduled tightly, and we highly appreciate your prompt arrival for the interview. I hope that you will participate in this very important event. The project team and myself look forward to working ou on this exciting and challenging project. Thank you for your cooperation and assistance. A PERREb TO TW a ® � Sincerely, ON DEV ELOPMEN T. Timothy E. Wanamaker 10/12/2007 MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL. BUFFALO, NY 14202 -3318 PI IONS_ (716) 851 -5164 s FAX: (716) 851 -4244 E -mail: n�ke.,rnsQciiy Liuffalo.co�n CHAIRMAN CLAIMS WA(FRFRONI DEVELOPMENT C OMMITTEES LFAWATION FINANCE LEG ISI ATION SENIOR LEGISLATIVE ASSISTANT JENNIFER L_. WF,STFRIIOLT LEGISLATIVE ASSISTANT MARTI MURPHY MEMORANDUM TO: Gerald Chwalinski FROM Council Member Kearns DATE: November S, 2007 . Southtowns Connector — Various Information 1 would like to file the attached information for the next Common Council meeting to be held on November 13, 2007. Thank you. 'For the People"' The Nuffalo Common Council MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202-33 18 PHONE. (716) 851 -5169. FAX: (716) 851 -4244 E -mail. mkearn,01clty- huffalo.com October 30,2007 CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT CQMPAITTE EDUCATION FINANCF LECISLATiON ENlOR „ LEGISLATIVE , ASSISTANT JENNIFER L. WESTERHOLT LEGISLATIVE ASSISTANT MART] MURPHY Governor Eliot Spitzer Executive Chambers State Capital Albany, New York 12224 Dear Governor Spitzer: Last month, City of Buffalo Common Council President David A. Franczyk and I wrote you a letter regarding the Soutfxtowns Connector project and requested that you review its alternatives, allow us to present our concerns to you and, most importantly, direct New York State Department of Transportation (NYSDOT) Commissioner .Astrid Glynn to refrain from letting bids on the "Modified Alternative" plan in November. To date, our concerns, and those of our community, are mounting and we have not yet received a response from you. The "Mortified Alternative" plan will maintain and reinforce barriers to public access of Buffalo's waterfront and stifle use and development there for decades. The official comment period on this project occurred during the Pataki Administration, before you were elected Governor and before Commissioner Glynn left the Romney Administration in Massachusetts. There was almost no public debate generated because the project was presented quietly. Plans were, and continue to be, poorly understood by the community. As details have gradually emerged in recent months, it is clear that few people realized that the Southtowns Connector project would maintain and add new connecting infrastructure to an adjacent embanked section of Route 5, which serves as a 3 -mile wall along our waterfront. Furthermore, local reaction to the NYSDOT's preferred plan has been overwhelmingly negative. The Buffalo Common Council and the Village of Hamburg Board voted unanimously in support of the "Boulevard Alternative," which was included in the EIS but not chosen. In addition, a Waterfront Coalition of fourteen well - informed and respected community groups has formed and voiced its full support of the same alternative. i ' "For the People" Moreover, we were distressed to hear NYSDOT Commissioner Glynn proclaim earlier this month, in an October 20' Buffalo News article that "the time for debate is over." We ask you respectfully, but with true concern: Why is an appointed administrator telling elected officials in Buffalo and the citizens they represent when it is time to express our opinions and champion causes in which we believe? You, Mr. Governor, have the power to halt this dreadful project and take advantage of the opportunity you deserve to review this matter, reply to our request and make a long - lasting difference for the people of the City of Buffalo. However, it seems that Commissioner Glynn values staying on schedule with a plan prepared under the failed thinking of the Pataki Administration above what is in the best interest of Buffalo and its residents. Your "Day One" campaign agenda demonstrated your progressive visions and understanding of cities. You have always fought tough battles for the good of the people you represent. You have the opportunity to demand excellence from the DOT- a state-of- the-art transportation design, one which will support glorious park space and valuable city neighborhoods for years to come. Furthermore, you made history by being the first Governor of New York State to visit our Common Council Chambers and address our Body, regarding the Peace Bridge;. We listened to you and trusted you that day. We urge you to make history again, and listen to and trust us. Buffalo needs you to make the right decision, Mr. Governor. Please pause on the Southtowns Connector project so that an amended `Boulevard Alternative" may be considered. It will undoubtedly pave the way to a positive future for Buffalo. We stand ready to serve as your partner in making Buffalo one of America's most successful cities again. We thank you for your consideration and look forward to hearing from you. Sincerely, Michael P. Kearns South District Council Member Waterfront Committee Chairman /avid A. Franczykc Common Council President Fillmore District Council Member REFERRED TO THE SPECIAL COMMITTEE ON WA f ERF ONT DEVELOPMENT FRIENDS TO THE ELDERLY Youth & Family Center' 1uc. 118 East Utica Street Buffalo, New York 14209 (716) €382 - 0602/0603 Fax: (716) 882 -7254 November 12, 2007 Hon. Masten District Councilmember, Damone Smith City Hall Room 1316A 65 Niagara Street Buffalo, New York 14202 Dear Masten District Councilmember Smith: 3 / A P cA Friends to the Elderly Youth and Family Center, Inc., "Friends, Inc." is hereby requesting approval by the Common Council to sublet a portion of our facility to Lakeshore Behavioral Health, Inc. We recognize the longstanding success of this Not- for - Profit Company, its impact and holistic synergies this relationship brings to our agency and our community. This request is pursuant to the provision 10 of our lease agre9hient requiring said approval. We thank you for advocating this request and thVCommon Council for its approval. Sincerely, = Jam s L. J c on, President n` B , CFO f REFE l E comM ON F INAN M T �1 Common CountJ _= .;;Q City of Buffalo DEMONS A. SMITH M ASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 -3318 PHONE: 851.5145 • FAX: 851 -5443 E -mail: dsm €th @city- buffalo.com Website: http://-- city- buffalo.com November 9, 2007 Gerald Chwalinski, City Cleric 1302 City Hall Buffalo, New York. 14202 Dear Mr. Chwalinski: 00 - 3 L� f LEGISLATIVE ASSISTANTS GERALDINE FORD TASHENEEUBANKS CH AIRMAM1I EDUCATION MINORITY BUSINESS ENTERPRISE COMMITTEES COMMUNITY DEVELOPMENT Please Tile the attached item for fiLrther diSCLIssion at the next Common Council session to be held November 1.3, 200 1 am also requesting that this item be referred to the Education Committee for further review. `ihank ResP''etfully, iq D motac A'. sri ith Masten District Cottncilmeniber REPERRED TO THE COMMITTEE ON EDUCA'T'ION AND THE BOARD OF EDUCATION , )f� Block Club NOSIS °Emergency" Toos Ma naur Responds W On Th stree espite the pouring rain, the from dealing with'the Black Rock Carew to start'PINS proceedings. He urges all Dearborn Community and we had no other choice but to kick community groups to report truancy in Association hosted an them off our street. We knew they your neighborhood. emergency walk on Thomp- would just move to another street but several weeks ago Mayor Byron son St. last Wednesday evening. It was we needed relief. We enjoyed our nice Brown, in a radio interview, sent a mes- more than the weather that was foul, quiet summer with many neighborhood sage to the young criminal males living the residents wanted to talk about. youth hanging out on our street behav- in the city. He gave them tbree options: Block club leaders contend that ing themselves." they could go legitimate, turn themselves several neighborhood youth, who were On Monday, Heard walked down in or get out of town. "kicked off 'Dearborn St. this summer, one block of Thompson Street and saw Huard elaborated, "I have a r6 - hung out two streets on Thompson and where the Black Rock Crew allegedly sage for the students in our neighbor - destroyed a block in the process. spent the summer creating tens of thou- ' hood: You have two options. You can The goal of their walk: "To show sands of dollars worth of damage. Win - go hsrnie at night, go to. ed, wake up in representatives the devastating: effects dows are broken, graffiti is plentiful, the motxntng and go to school or you can' the; lackofpolicitzgandt .n can have . :.front and back doors of abandoned be woken up and handcuffed by a po in a neighborhood " police officer Iose properties "are open and houses have lice icer at i 00 ih the afternoon." Vega and Councilman Joe Golombek been vandalized. "You must stay in school. You are were on hand to he ".The Black Rock Crew 'can no the future of our neighborhood. You can Walkorganr rIVlarshal arcle longer stay outollriight 'destroyingour be the police officer standing Here or plained the situation in greater etail. historic Black Rock neighborhood and the reverend at church, or the teacher or "Last October we started having sleep':all day, "'said Huard. the councilman for our neighborhood. problems with a small group of our The Buffalo Board of Education You can be the owner of the neighbor - neighborhood youth who refer to them- Attendance Dept. recently cooperated hood corner store or even the future selves as the Black Rock Crew. They 100% and acted quickly showuig that mayor.of our city Anyt!•iing rs possible were breaking windows and tagging truaricyvx�tllncithetolratrxd :sttpervrt fortheitildrn :ofthlsiretghborht houses with graffiti on Dearborn Street. sor John Crabbe visited the homes of , s never too late but first you must stay Six months ago, our Dearborn several Black Rock Crew members last rn school and be educated," she. Community Association was exhausted Tuesday and is filing legal documents coricluded. To Grocer y Cart Story LETTER TO THE EDITOR community, our property needs to stay October 9, 2006 on our property. RE: Letter to the Editor Sincerely, (In response to October 4 Edition) ;have Zoldos As store manager at the Amherst Store Manager, TOPS Markets Street TOPS Markets location, I'd like Editor's Note• Thank you for writing to provide your readers with a bit more to tell our readership your side of the insight into the methods in which we story. collect abandoned grocery carts. On average we collect 150 -240 carts each Uudate: Tops management did reach out to city officials this week in week. How are they collected? Team members from our store go out at least response to the Review article. Before four times a week to find grocery carts. they did, the Mayor's Impact Team Unlike what you believed, we do have a gathered another 50 carts and is storing store associate who is in charge of them as well. Half of those carts were rounding up carts about three times a picked up behind old school #51 on week in addition to working closely with Hertel Avenue. a vendor to help us recover carts and Assurances were made by Team return them to the store. In regards to supervisor Bill Buyers that every one the fact that.Mayor's Impact Team has of the carts were retrieved in the Black said they found more "FOPS carts than Rock neighborhood' no further than Wegmans — TOPS Markets operates Hertel Avenue on the north, Tonawanda nine locations within the City of Buf- Street on the west and Elrawood on the faro limits whereas Wegmans, only has East. dne'store Regardless of the fact that'"fop� W Markets outnumber Wegmans, these We strongly encourage customers carts collected come from the to leave the shopping carts on -site once predominently pedestrian accessed they have completed their shopping. N store at Grant and Amherst and our ot only are they costly to replace; having abandoned carts strewn through- number all other found carts in B acl 49 PETITIONS 044 4 a Jean Collins, Agent, Use 572 Genesee Street to Convert an Apartment Bldg to a Human Service Facility (Ell)(No Pub Hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD ) THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. NANM OF A GENTIO ER ADD S S PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. City of Buffalo CONVRT Building Application 65 Niagara Square :Buffalo, NY 14202 -.. !7161851 -4949 Fax (716)851-5472 Re port Cate 1 AM � Submitt By JA MES C Page 1 Alp # 113866 ges Date / Time By Date 1 Time By rocessed 10/29/2007 10:36 CAHRJ Temp 000 ;sued Coo inal Expires � 1ate -l-n Q rmation Type of Work # Plans 0 declared Valuation 1000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Croup Actual Valuation 0.00 Square Footage 0 .00 N ame es. r1 tioniDt- ork - -- -- - _- -._._. __.__ * * *ZBARPPROVAL REQUIRED 1 136 *` "CONVERT AN APARTMENT BUILDING TO A HUMAN SERVICE FACILTY, A 3 STORY MASONRY ��l BUILDING.PtANS REQUIHE[9 " ZBA fI>rfl+IA7 1 # 11 „4�t17 Parent A/P # P—n —f .dt Phase # Contact ID A0249504 Name JEAN COLLINS Mailing Address 56 NORTH PARADE Organization LIFE RECOVERY CENTER City BUFFALO State/Province NY ZIP /PC 14211 Country USA n Foreign Day Phone (716)563-6415 x Evening Phone Fax Mobile # No Addresses are /inked to this Application AlP fnksd lldciteases No Addresses are linked to this Application Ltnitod frareefs ,. ..... 11125 00009028000 Alf? ! Parcels are linked to this Application City of Buffalo a5 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 CONVRT Building Application V 1 Report fate 10/29/2007 11:03 AM Submitted By JAMES CARR Page 3 Restricted Use Permit - Human Service Facilities Permit Application Checklist Agency blame - Site Address - Agency Address - Contact Person w Agency Phone N o. sj EPA According to Common Council legislation effective July 10, 1995 (Article )CXrVII, Restricted Use Permits), certain human, service facilities must obtain a Restricted Use Permit and Common Council approval. The restricted use permit requirements of this article also apply to regulated uses existing, prior to the effective date of this article which are enlarged or extended after the ef'fecd ve date of the legislation... In order to determine the applicability of this legislation to your facility, please complete the following checklist -- Yes No The agenc'y operates a public or prj facility established to provide huxnm services or assistance of a charitable, religious, cultural or social nature. Approximate number of clients assisted daily = 1� ❑ ❑I The agency operates the following programs, andfor offers shelter or housing, as nested below, at the site - ❑ Food Pantry 0 Soup Kitchen Substance Abuse Community or Residential Treatment Facility ❑ Walk -in or Drop -in Center ❑ Counseling Center ❑ Detention Center ❑ Emergency, Temporary or Short Term Shelter - lip to six month. residency Residential Treatment facility established for penal or correctional purposes or similar facilities U Transitional Housing - up to twenty -four month residency ❑ Othdr Services Provided - ❑ Housing is provided on site -- 4 . , Ap Number of residents assisted daily Type of Re si dence - ❑ Barracks f Dormitory style • Croup Horne 1 Large House FI Apartments ❑ Single Roam Occupancy Units ❑ Agency is publicly funded -- ❑ City ❑ County State ❑ Federal City of Buffalo -- Division of Permits -- Room 301 City Hall -- Bag's % New York, 14M -- 851-49611 GOL. APPLIC. DOC APPLICATION FOR HUMAN SERVICES RESTRICTED USE PERMIT APPLICATION MUST BE COMPLETED IN FULL f -- 1 Date October 17 ZO 07 Business Name LIFE RECOVERY CENTER ( "LRC ") Business Phone # 716.536.3925 Business Address 572 GENESEE ST. BUFFALO NY 14204 (No., Street) (City, Town or Village) (State) (Zip) Human Service Facility Address 572 GENESEE ST. Buffalo, New York 14204 (No., Street) Business Standing: Private Entity Applicant Name ANDREA M. SW INGLER 20 HALLER AVE. BUFFALO Public Entity X Applicant Phone it NY Applicant Address Applicant's Business Position_ Owner Partner Corporate Officer X Other Business Operational Information 716,894.3934 14211 Type of Facility: Food Pantry Soup Kitchen Walk -in Center Drop -In Center Counseling Center Detention Center Temporary or Short -Term Shelter Transient Housing Substance Abuse Community or Residential Treatment Facility — Residential Treatment Facility (Correctional Purposes) Other Detailed description of the Proposed Use To provide affordable, low income, clean and sober apa rt me nt living for women recovering from drug and alcohol addiction. The facility has I I apartments: seven (7) one - bedroom apartment and four (4) two- bedroom apartments; adequa office space and common area (community room). Page 1 of 2 Business Operation Information Facility Days/Hrs of Operation 24 -hours a day, seven (7) d ay s a week Number of Individuals Serviced (weekly) 1 Number of Residents to be Housed (if applicable) _ 5 Activities/Programs at Facility (description) Res i de nts will attend and participate in I2 -step self -help meetings, such as Alcoholics Anonymous, Narcotics Anonymous and/or any other sober support network they choose; while engaging in out - patient substance abuse and mental health counseling sessions. In -house 12 -step meetings will be held twice a week, and conducted by the residents and/or other qualified outside supportive services. Degree of Supervision at Facility On -site supervisor (resident), peer support, security cameras and television monitoring Demonstration Of Need (W''hy Service we needed/Why this Loo-ation and etc.) A major dilemma for women recovering from drug and alcohol use is to attempt recovery in unsafe environments. Those who have successfully completed treatment programs require a sober environment that is safe and secure. Recovering individuals that are not in safe environments are in danger of relapsing (returning to their drug of choice) thereby snaking recovery difficult, if attainable at all. LRC assists recovering women in their transition from community residences, supportive living and treatment facilities so that they can stabilize and maintain permanent housing. LRC helps women conquer their addictions, rebuild their lives and encourage residents to empower themselves with the dignity and self- confidence they deserve. Women are, by nature, nurturing and caring. They are robbed of these qualities when under the influence of drugs and alcohol. Because we understand how addiction afflicts women, we will address those needs with compassion and understanding. Sober living is essential in promoting individual recovery by allowing personal growth to take place in a nurturing environment. The location of the apartment building is on a main thoroughfare, easily accessible by car or public transportation., and can be reached via Routes 33, i 98 or the 1 -90; and is only minutes from downtown Buffalo. Other Pertinent Information Women must have attained 6 months to 1 year of being clean and sober in order to apply for residency. Residents will be actively involved in the governing, operation, maintenance and upkeep of the building. We seek to promote excellence in the management of safe,_ sober living, facilities. Our primary mission and purpose is to promote individual recovery from drug/alcohol addiction, and in that respect, we serve the community by reducing crime and enabling stability in the community. .,� (--/-- Applicant Signa ° e Subscribed and sworn to before me this ' day of G ft' , ! Commissioner ofDeeds in and for the City of Buffalo, New York MELANIE GARTHON Notary public, State of New York Qualified in Erie County. No. 01CA606958 Commission Cxaires February 2 of 2 ��� � Vic, ►� 4XXT 4 Scott Gehl, Agent, Use 1542 Main Street, Offices on 1 St Floor, Housing on 2' and 3 rd Floor (Del)( No Pub Hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD -- �� -1 NAME 0 - AGENMOWNER ADDRESS PROJE (j _ CfTls� THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. City of Buffalo C5 Niagara, Square Buffalo, W 14202 (716)851 -4949 Fax (716)851 -5472 Report fate 10/30/2007 10:35 AM Sub mitted By JAME CARR USE Building Application Page 1 AM # 113949 I0S - -- - -. - -- -...." - .. -- -- ....... _ _ _... - -- Date/Time By Date I Time By ocessed 10/30/2007 10:13 CARRJ Temp COO sued COO nat Expires No Addresses are linked to this Application lC,tnk� Adcfr� No Addresses linked to this Applicati are t Biked t oo 1003200001030000 !?' ifiKedarcis No P are linked to this Applicat pp ian 1h�plr�rltsJ�(xttacts _ City of Buffalo 05 Niagara Sgr.are Buffalo NY 14202 (716 )851 -4949 Fax (716)85115472 USE Building Application Report date 10/30/2007 10:35 AM Submitted By JAMES CARR Page 3 U UJ- Arrl.[ L.IIV L APPLICATION FOR HUMAN SERVICES RESTRICTED USE PERMIT 1 Date Oct. 29, 20 07 Business Name Housing Opportunities Made „ Equal,, Inc Business Phone # 716.854.1400 Business Address 700 Main St -- 3rd Flr Buffalo NY 14202 (No., Street) (City, Town or Village) (State) (Zip) Human Service Facility Address 1542 Main St Buffalo, New York 14209 . (No., Street) Business Standing- Private Entity X Public Entity (Not — for — profit) Applicant Name Housing Opportunities Made Equal (HOME) Applicant Phone # 716.854.14 Applicant Address 700 Main St — 3rd Flr Buffalo NY (No., Street) (City, Town or'Viltage) (State) Applicant's Business Position: Owner Partner Corporate Officer Business Operational Information (Zip) 14202 Other Executive Dire Type of Facility: Food Pantry Soup Kitchen Walk -In Center Drop -fn Center Counseling Center Detention Center Temporary or Short -Term Shelter Transient Housin Substance Abuse Community or Residential Treatment Facility_ Residential Treatment Facility (Correctional Purposes) Other Civil Rights Organization Office Detailed description of the Proposed Use The first floor of the building will be used for HOME's administrative offices. In addition to administrative functions, HOME will provide housin counselin s services (primarily but not exclusively by telephone) and periodic educational sessions. The second and third floors of the building will be used for 10 units of affordable housing. Page I of 2 APPLICATION MUST BE COMPLETED IN FULL Business Operation Information . U :4 , n fu­ ,:r n. n. , +,.,,, Monday - Friday, 9 a.m. - 5 p.m. a•�..L,uas ".j 0rxaa0 -1 ♦ �Y.. aaavx■ .- -._._ ............:.:.._.. 60 (by telephone) I.A. Number of Individuals Serviced (weekly} 25 (in o f f ice) Number of Residents to biHoused (if ypiicabie) (Apartments not re aced to uman - s�'� Activities/Programs at Facility (description) (1) Counseling & investigation for discrimination victims; (2) Paralegal counseling and info for landlords & tenants; (3) Housing mobility counseling; (4) Education & training for landlords, te nants, homeseekers and D ousing /service p roviders. Degree of Supervision at Facility HOME's offices will be staffed 40 hours per week. The agency currently has 6.5 FTEs.) Demonstration Of Need (Why Services are neededlWhy this Location and etc.) - HOME is the only ag ency providing comprehensive f air housing services in WNY. - This will relocate HOME's existing offices from Main & Tupper (1.5 miles to the south). - HOME is contrac o bligated to operate in the City of Buffalo. This move will p rovide continued access to the region's best served public transit corridor and add off - street parking for clients traveling by automobile. - This space will be completely barrier -free, enhanc access by persons with disabilities. - This street - -level space will increase agency visibility and provide more appropriate facilities for agency clients. Other Pertinent Information The project will rehabilitate two highly visible, long vacant, architecturally sign�Lficant structures. Additionally, it will create 10 units of barrier -free energy -- efficient affordable housing. Applicant Signature f ,. Subscribed and sworn to before me this j day of 0 < Aj o 4e ,20 Commissioner of Deeds in and far the City of Buffalo, New York OONNIGK IANUTI NOTARY PUBLIC - STATE OF MW VORK Ou MW in Erie Ctnnty page 2 of 2 my Con*sion Eofes 09145121716 Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) (1 1 0004G Appt Assistant Director (Prov)(3 "' step) (Grzb iel ucha)(S trat Plan) CCP# 15,10/30 That Communication 15 of Oct 30, 2007 be received and Filed and that the Provisional appointment of Pamela Grzbielucha Stated above at the salary of $46,134 is hereby approved. PASSED AYES - f° NOES -0 Recommended by the Committee on Civil Service. Emmet Appt Supervisor of Street Sanitation (Prov)(Max)(Hayden)(PW) CCP# 28, :10130 That Communication 28 of Oct 30, 2007 be received and Filed and that the Provisional appointment of Michael Hayden Stated above at the salary of $34,31.1 is hereby approved. PASSED AYES - # NOES - 0 r Recommended b y the Committee on Civil Service*V .' r y yy jas M 1 v - -4 ^00A AT All Notices of Appointments, Temp, Prov, Perm Ccp# 38,10130 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service 00 Appt Truck Driver Perin (Inter)(Sanders)(PW)( #29,10/15) CCP# 55, 10/30 That Communication 55 of Oct 30, 2007 he received and Filed and that the Permanent appointment of Danny Sanders Stated above at the salary of $29,216 is hereby approved. PASSED AYES -16 NODS - 0 .t Recommended by the Committee on Civil Service r: 1 -\ c h q 3 0 u. CD I 1 1 j Proposed Creation of An Office of Inspector General (Comet) Ccp# 19,10/2 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service:\ S 1 FINANCE (Brian C. Davis, Chairman) 000051 Fesults of Negotiations — 70 Kilhoffer Street (Item No. 10, C.C.P., Oct. 30, 2007) That the offer from Ms. Ernestine Foster, residing at 412 Emslie Street, in the sum of three thousand dollars ($3,000.00) for the purchase of 70 Kilhoffer Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed Recommended by the Committee on Finance Chairman TAB: rmv T:\wp60\insword\rmv\ E Oc 10- 30cAoc O f. 4D 1 1. Response to CM Davis Re Request to Homestead Monroe St Lot (Ell) (Strat Plan) Ccp#1 1,10134 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance GOV 3 Greenway Concerns, Paving & Curbing on Buffum St(South)(PW) Ccp# 19,10130 That the above item be the same and hereby is Receiver[ and Filed ADOPTED Recommended by the Committee on Finance 11 1:1P0 X1 B. Davis -Req to Homestead a Vacant Lot - Monroe St ( #59,6112)( #79,7110)( #1 16,9/4) Ccp#65,10 /30 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance, B. Davis -G. Tatu- Harvest House Request Exemption from User Fee Ccp#82, 914 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance °z COMMUNITY DEVELOPMENT (Joseph Golombek Jr., Chairman) 00005E D. Bonifacio- Request Public Content Period Re Peace Bridge Expansion Project Be Extended Ccp#39, 10130 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Com7�4 it n Community Development ou D. Franczyk -C. Shumer- Concerns FEMA's Revised Flood Plain Maps Ccp#4I , 1.0/30 That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development ADOPTED Recommended by the Corn ' ee Community Development_, vQ ; -r M. Kearns- NYSDOT -Bflo Outer Harbor Access Fuhrman Blvd Project Cep #44, 10130 That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development ADOPTED Recommended by the Committee on Community Development ��� i M. Kearns -J, Zappieri- Proposed Southtowns Connector Project Ccp#45, 10130 That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development ADOPTED Recommended by the Committee on Community Development` r �. 0 M. Kearns -M. Dabney -FEMA Program to Update Flood Ins Maps Ccp #46, 10 /30 That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development ADOPTED Recommended by the Comm tee on Community Development { { tr 't., J. Rozanski- BURA -RFP North Buffalo Rail Land Ccp#50, 10/30 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Com ittee on Community Development \ 0 Results of Negotiations — 3300 Bailey Avenue (Item No. 19, C.C.P., Sept. 4, 2007) That the offer from Rodney Wilkinson, residing at 359 Sanders Road, in the sum of six thousand and one hundred dollars ($6,100.00) for the purchase of 3300 Bailey Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed Recommended by the Committee on Community Development Chainnan TAB;nnv TAwp601inswordlrmvl [ M -4c. doc I 1 � . � 1� !� � t� • Is • If +� I�t • I� r I�s +,�tss ,� �� �,�� a+ f � # � +� � rr s� ,� , f #" I � I+ R ar.. - v��on � � i . 4 � i s ���, _ ! . 1 � . � 1� !� � t� • Is • If +� I�t • I� r I�s +,�tss ,� �� �,�� a+ f � # � +� � rr s� ,� , f #" I � I+ R ar.. - v��on � � i . � � W •I 4 .* ,. i � I �' v i U 1 � . � 1� !� � t� • Is • If +� I�t • I� r I�s +,�tss ,� �� �,�� a+ f � # � +� � rr s� ,� , f #" I � I+ R ar.. - v��on � � i . LEGISLATION (Richard A. Fontana, Chairman) R ft R. Santoro, Petition to Use 2310 Delaware Avenue — Illuminated Pole Sign (Item No. 51, C.C.P., Oct. 30, 2007) That the above Item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of R. Santoro, agent, for permission to use 2310 Delaware Avenue for a 19' high 10' wide illuminated ground sign, wall signs and directional sign accessory be, and hereby is approved. Passed. Recommended by the Committee on Legislation C - ps d S le --� - Chairman TAB:nnv tAwpMmswordVrmv15I c I0- 30c.doc Q t^ 49 .0 ; 4 G G4 Request to Homestead Vacant Lot Monroe St (Ell) That the above item be the same and is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation 000065 Oppose FEMA Plan Including Old I" Ward in Floodplain(exc 1,2,3,4,6 res) That the above item is hereby referred to the Committee on Community .Development. ADOPTED Recommended by the Committee on Legislation �tc'w f 3 Appointment 'Temporary Members to the Board of Assessment Review (Item No. 9, C.C.P., Oct. 16, 2007) (Item No. 74, C.C.P., Oct. 30, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the re- appointment as a temporary member of the Board of Assessment Review of Otis Cowart, 104 Ivy Street, for a one (1) year term be, and he hereby is approved on the condition that he does not owe any outstanding liens to the City of Buffalo. Passed { Recommended by the Committee on Legislation y °' Chairman O'AB:rmv1 t:%wpWmswordlnnv174c 10 30c.doc C�-� � �'..-.• . � \ � \ m � ■ � e e � a� � - ` � �� � e � ■,m # � e � � � � ! # t2l , . � � ® � s � f � e ■ � ^ � O . . . . e # � � ■ m ■ # ■_ � 2 \ � \ 000O Food Store License— 117 -119 Colvin (Item No. S3, C.C.S'., Sept. 4, 2007) (Item No. 82, C.C.P., Oct. 30, 2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation. i . Mr. Fokana moved: That p rsuant tqRiz ap r 194 o the "C y Code, the Commissioner of Economic Development, eiTnit pec � Se ices be and h�l ervby is au�thof-ized to grant a Hood Store Lice e to an Ala 1 ocated at 11`x'1`7 9 Colvin= {Samad I PetrroLum). Passed. Recommended by the Committee on Legislation Chairman TAB=v T :hvp60lmswordlnnvl$2c10- 30c.doc I W1 Mr. Fontana moved that the move item be recommitted to the Committee on Legislation ADOPTED. k I k 1 A, 1; % �� tl 000068 "Maggie Y. Boyd" Trailblazer Signs (Item No. 113, C.C.P., Oct. 16, 2007) (Item No. 85, C.C.P., Oct. 30, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Fontana moved: hat the Commissioner of PublI c Works, Parks & Streets be, and he hereby is authoriz d to install trailblazing signs behoath the �xistiftg ;,street signs from the corner of Best and Ierman Streets to the parking entrance�to the Metr6politan UnA& Methodist Church pr Qlaiming teat portion as "Maggie Y. Boyd Way." Passed Recommended by the Committee on Legislation Chain - nan TA13:miv t;iwp60 niswordlnnv\1 13c10- 16c.doc 5 Mr. Fontana moved that the above item b' e arec Legislation ommittad to the Committer on ADOPTED. r r l lrt Food Store License — 1892 Seneca (Item No. 43, C.C.P., October 2, 2007) (Item No. 91, C.C.P., Oct. 16, 2007) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Angela Alyazeedi (Mastrianni's), located at 1892 Seneca Street, with the following conditions: The store will close at 11:00 pm from Sunday through Thursday. 2. The store will close at 12 midnight on Friday and Saturday. 3. The license is approved for one year and will come before the Common Council for renewal. Passed. IZecornmendcd by the Committee on Legislation _7 Chairman tab:rmv TAxvp601mswo rdlrmv143c 10- 2c.doc 1 o o. a n r ' E 4 4i _ E i f i 1 sa RESOLUTIONS Resolution By: Mr. Bonifacio Re: Common Council Support for Freight Rail Infrastructure Capacity Expansion Act H.R. 2116 Whereas: The federal government is considering legislation on the expansion of rail capacity through a 25 percent tax credit to businesses that invest in new freight rail infrastructure property that expands rail capacity; and Whereas: This bill would give a substantial boost to new investment in our nation's freight rail infrastructure; and Whereas: This investment will lead to a stronger industry with stronger employment opporunities and a healthier railroad retirement system; and Whereas: It would also reward investments by railroads, trucking companies, manufactures, shippers, and others into projects such as intermodal facilities, new rail spurs, sidlings, and laying new track; and Whereas: These incentives will greatly benefit a city like Buffalo who will see a greater rail capacity and service as a result of these tax incentives; and Whereas: By expanding our freight rail system we could lessen highway congestion, lessen fuel consumption, and lessen air pollution, it seems appropriate that we move forward on this piece of legislation to help the nation toward a better freight rail system; and Now Therefore Be It Resolved: That the Buffalo Common Council supports the Freight Rail Infrastructure Capacity Expansion Act H.R. 2116 and calls on the WNY federal delegation to support providing incentives to encourage investment in the expansion of freight rail infrastructure capacity and to enhance modal tax equity. Jr. ADOPTED 3 By: Mr. Davis Transfer of Funds Common Council — Legislative That pursuant to X20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $16,000 be and the same is hereby transferred from the City Clerk and said sum is hereby reappropriated as set forth below: From: City Clerk 10220006 -- 434000 Other Contractual Services $16,000 To: rrY -Z-x k, Personal Services —tOTV2'OM-- 412002 Hourly Salary $16,000 77 � 3 i i I I • �+IWawr i lit I O U 1 • 1 • � I 1 3 i 0000 By Mr. Fontana: Re: Discharge Legislation Committee "Food Store License —1440 Kensington (University)" Item #, , —, r Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #10, November 7, 2007 agenda and said item is now before the Common Council for its consideration. f . Richard A. Fontana �A� To The Common Council: Date: September 19, 2007 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: C: Food Store License ; -(; 4' `7 [: 1440 Kensington (University) Prior Council Reference: (If Any) [: Ex. ( Item No. xxx, C.C.P. xxfxxlxx Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1440 Kensington (AM PM Gas Mart) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department (granted a G month conditional approval provided they maintain a trouble free location) and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature: Department Head Title: COMMISSIONER RMT:mrz S LUY'A CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL — rr.�x. A r r 'fty V 111 "Vl1D T1` 1 Al Al _Dkjrvt%.jL4", 1 xrrxu-arF, r INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: AM PM GAS MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON 1440 KENSINGTON 884 -5324 UN 16 MOHAMED ASBT'ANI 884 -5324 546381 05/03/2007 OWES WATER SILL AND USER PEE NEW LICENSE 2408 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) y CA ROVED DATE: _ DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * *k REMARKS: /,� 1�e' - ' / - -- I // INSPECTOR / f 'cJf�rJ RM# �f EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsdp2.rpr d _ 41- Y { V E h .� sF { ,x � 1 f C l V i S y 3 t f 2 { V { WI V /V } � r Y�r Y 1 Y. k f � V 1 4 r A ' �1 1 Y f f � A Y { V E h .� sF { ,x � 1 f C l V y 3 t f / 1\ DEPARTMENT Off' ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SE. l "( OFFICE OF LICENSES 313 CITY HALT,, � � BUFFALO) NY 14202 8514078 LICENSE APPLICATION MAY 0 3 2007 PLEASE CHECK LICENSE CATEGORY APPLYING FOR RESTAURANT BAKERY CONFE RESTAURANT TAKEOUT CATERER __X FOOD STOU MBAT, FISH & POULTRY Date 20 Applicant Na a / D if iy[ [� � 7�ct ,v .� Apphcwit Home, phone # Applicant Address ���;" __� € . v✓ 1 �l zI (No, Street) ( , Town of Villa e) Co- Applicant Name Co- Applicaxit Address (No,, Street) (City, Tew3i or Viltage) Coiporation Name _Dat Incorporated (State) (Zip) (State) (Zip) Business ofl3usiness "CeYtificate Business Address (No., Street} (City or Viliaga) {State)(Zzp) NLailing Address (if different than business address) " - = - " - • . .., , .- ._ Y (No., Street) .(City, Town or Village) . (State) (Zip) Business Phone # :- U Fax # — — State Tax ID Number S.ociai Security v AGW ift� No of mpiciyees _,_;(Baker & Confectioner o' Y) Subscribed and sworn to before zne ti�is . Day of ` � v I • L �, 20 FEES RESTAURANT 0 -200 SEATS $174;00 .201400 BEATS.. S250.00 Cnn�rnissiaizer of Deeds in aid for the 401 + S3Z5.04 City of $a, New York RESTAURANT TAIUObT /CATERING 'S S�:OQ t`f o WAT,k1SH &c FOULTRIK (2 YR&) . " $150,00 Fool SPORE 5115.00 gAI{�It /COI;IFECIIONER 4 ZEIY[PT [#YkES 340 5105.00 i l 25 5157,0© 26 -50 S315.0 51 -200 $525.00. RST apps ti Vag litz 04 RESOLUTION Sponsor: Mr. Franezyk Co- Sponsors: Re: Amend Ordinance Chapter 263 - Licenses Whereas: Whereas Whereas The City of Buffalo and its neighborhoods need to be adequately protected from municipal garbage transfer stations, landfills and waste processing centers; and Amended in 2005, Chapter 263 -29 of the City Charter states: § 263 -29. Review by Planning Board. A. Upon receipt of the application and accompanying information, the City Planning Board shall schedule a public hearing thereon is soon as practicable. Said hearing shall be preceded by a notice published at least once in a newspaper of general circulation, containing the name and address of the applicant, the address of the landfill or transfer station and the time and location of the public hearing_ B. The City Planning Board may approve the application with or without conditions or may reject it, upon stated written reasons therefor. In making its decision, the City Planning Board shall consider the landfill's impact on the health, safety and welfare of the City's inhabitants as well as its impact upon the neighboring environment. The Board shall forward its decision, if positive, to the Commissioner of Public Works, Parks and Streets. Members of the Common Council are of made to bring solid waste, garh?� Now, Therefore, Be It Resolved: That the Common Coune amend Chapter 263 of the to any such application; an Be It Finally Resolved: That this item is referred to discussion. such proposals are )ods; and :ion Counsel to approving body committee of the Common Council for further V -' vk avid Acr ADOPT Ist= RESOUE REMAINDER TO THE COMMITTEE ON LEGISLATION ff RESOLUTION By: Mr. Franczyk .Re: Excuse Councilmember Davis from Meeting Whereas: Couneilmember Brian C. Davis will be unable to attend the Council meeting on Tuesday, November 13, 2007; Now, Therefore, Be It Resolved That: The Common Council excuses Councilmember Brian C. Davis from attending The Tuesday, November 13, 2007, Common Council meeting. David A. Franczyk ff MI BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 03 — EXEC 1514 -- REAL ESTATE 00'7 The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 03 — Executive — 1514 -- Real Estate which currently reads: 1 Assistant Director of Real Estate $ 39,349 - $ 45,884 Is hereby amended to read: 1 Administrative Assistant $ 33,545 - $ 38,584 IT IS HEREBY CERTIFIED, pursuant to Section 3 -1.9 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position TIMOTHY E. WANAMAKER, EXECUTIVE DIIRECTOR AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR P.AS ' DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE APPROVED AS TO FORM Corporation Counse 10/22/2007 /attachment SOA Karen 07 -08 � y rr'° � -, ,� 0000 Resolution Sponsor: Mr. 1). Smith RU,': Ilomeowner and Bank Protection Act WHLREAS: The onrushing financial crisis involving home mortgages, debt instruments of all types, and the banking system of the United States threatens to set off an economic collapse worse than the Great Depression of the 1930s; and WHEREAS: Millions of Americans are faced with foreclosure and loss of their homes over the coming months; and WH REAS: The hedge funds which spread. this financial collapse among markets worldwide, by dominating speculation in all those markets, are now going bankrupt and demanding government bailout of their securities and derivatives, and the nominal value of the derivatives based on mortgages alone is the sire of the combined GDP of the nations of the world; and WH1aRlsAS: This financial crisis threatens the integrity of both Federal and State chartered banks, as typified by the run on deposits of Countrywide Financial Corporation in California on August 16, which could wipe out the life savings of too many American people and drastically undermine the economic stability of our states and cities; and WHEREAS: Under similar circumstances in the 1.930s, President Franklin D. Roosevelt successfully intervened to protect banks and homeowners, addressing Congress with a "declaration of national policy" on April 13, 1933, which stated "that the broad interests of the Nation require that special safeguards should be thrown around home ownership as a guarantee of social and economic stability, and that to protect homeowners from inequitable enforced liquidation in a time of general distress is a proper concern of the Government "; therefore, be it " 'IIEREFORE, BE IT RESOLVED: That the Buffalo Common Council that we call upon Congress to take emergency action to protect homeowners and banks by enacting a Homeowners and Banks Protection. Act specifically to: 1. Establish a Federal agency to place Federal and State chartered banks under protection, freezing all existing home mortgages for a period of time, adjusting mortgage values to fair prices, restructuring existing mortgages at appropriate interest rates and writing off speculative debt obligations of mortgage- backed securities, financial derivatives and other forms of V t financial pyramid schemes that have brought the banking system to the point of bankruptcy; 2. Declare a moratorium on all home foreclosures for the duration of the transitional period, allowing families to retain their homes. Monthly payments, the equivalent of "rental payments ", shall be made to designated banks, which can use the funds as collateral for normal lending; practices, thus recapitalizing; the banking; system. These affordable monthly payments will be factored into new mortgages, reflecting the orderly deflating; of the housing bubble, the establishment of appropriate property valuations and reduced .fixed mortgage interest rates. While this may take several years to achieve, in the interim period no homeowner shall be evicted from his or her property, and the Federal and State chartered banks shall be protected so that they can resume their traditional functions, serving local communities and facilitating credit for investment in productive entities; and 3. Authorize Governors of several states to assume the administrative responsibilities for implementing the program, including the "rental" assessments to designated banks, with the Federal government providing the necessary credits and guarantees to assure the successful transition; and be it further BE' IT FURTHER lER RESOLVED: That suitable copies of this resolution be delivered to the President of the United States and to each member of the New York State congressional delegation for immediate action. Demone Smith REFERRED TO 1 COMMITTEE ON LE �� -� 51 00007` No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Betty Cadney By Councilmember Smith Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED Ee l (�itu of T'guffato Tiontinjan Tjouttrit At the regular meeting of the Cocnrr►ou Council of the City of Buffilo, held on Tuesday, October 30, 2007, the following resolution was unanimously adopted, sponsored by Masten District Council Member Dentone A. Smith. Wltereas: Bettye N. Cadney is the daughter Nathan and Annie: Noble born November 6, 1932: and Whereas: Bettye is one of fourteen siblings: Viola, Nathan, Willis, Wade, Rachel, Rev. Willis Noble -Deed and the late Allan, Agnes, Elnora, Sarah, Catherine, Evelyn, Phoenix, and Mary Bee; and Whereas: Bettye, a Graduate of C l_airborne County Training I f.igh. School in 1950, married Matthew Ca.dneY,'Jr. in 19.54 and to this union- two were born, Ouida and Collette; i►nd.,' Whereas: In 1954, Matt ail d,Bettye moved to Buf #alo, NY from Port .Gibson, Mississippi and :spent 47 years' together. Bettye's family has grown to if1c(ude.three (3railddaugliters Shateek..a, Danielle, Adriattne and one Great - Grandson Maurice Jr., hind Wherefts: Bettye has been ejiiployed by Golden Wave Clip, Erie Scientific, ity .1 fa1.1 and retired from the tJniversity of Buffalo 111 1995. During her einploytncnt history, Bettye. gained a reputation as a top = ►itch colployee and.eowworkerearnin respect and liFe long friendships with those she:.has becotne.acquainted wttli and Wltererrs: Bcttye is a devout Christian and Member of Antioch Baptist Church for over 40 years. She is one of the .F=ounding Members of the Missionary Board and Food Pantry. She was.also a Member of the Kitchen Committee and Wltererrs: Bettye, a Pillar ofller Family, Community and Chure.h is. also known for her loving spirit, goodwill and willingness to go beyond what is. required, enjoys spciilino tithe with tam ly, friends; chasing licit' Gireat- Grandson and watching the circle of life repeat. Now Therefore, Be Il Resolved: That this Common Council of the City of BL)ffalo prat ►Ses In its. deliberations to ac knowledge this milestone and Join with a1.1 present at lief' 75 Birthday Party to pay tribute Bettye .Cadney'oil November 3, 2007 in celebration; and Be It Finally Resolved: That this Comn7on Cou 4 ►l of t13e City of the City of Berffalo proclaims that November 6, 2007 6 x own as "Bettye Cadiley Day" in the City of Buffalo De►no`ue A. Smith Masten District Council Member BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Madelon Brown Woods TOTAL 1 ADOPTED ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13` floor City Hall, Buffalo, New York, unless otherwise noted. Rep_ular Committees Committee on Civil Service A.M. Committee on Finance following Civil Service Committee on Comm. Dev. P.M. Committee on Legislation P.M. Committee on Education PM Special Committees Waterfront Development PM Tuesday, November 20, 2007 at 9:45 o'clock Tuesday, November 20, 2007 at 10:00 o'clock A.M. Tuesday, November 20, 2007 at 1:00 o'clock Tuesday, November 20, 2007 at 2:00 o'clock Wednesday, December 5, 2007 at 2:00 o'clock Tuesday, November 13, 2007 at 5:00 o'clock (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification it will be provided. In addition there ma be meetings set up whereby the City Clerk's Office is not made aware; therefore unless we receive notice from the respective Chairmen we can onl make notification of what we are made aware. 53 No. Adjournment On a motion by Mr. Bonifacio, Seconded by Mr'�1, the Council adjourned GERALD CHWALINSKI CITY CLERK