Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09-0106
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, January 6, 2009 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on December 23, 2008 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [- _- _-- -_- - -] [MAJ- 5] [2/3 - 6 [3/4- 7] *AY* NO * * * * * * * * * * * * * * 9 * 0 ;fan 6, 2009 r FROM THE MAYOR - EXECUTIVE DEPARTMENT Jan 6, 2009 FROM THE OFFICE OF STRATEGIC PUNNING # 1 (Rev. 2 /01) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 31, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: General Office SUBJECT: [: Amherst Station PILOT, 2665 -2671 Main Street L� PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. , C.C.F. } TEXT: (TYPE SINGLE SPACE BELOW) Your Honorable Body is hereby requested to approve a PILOT agreement between the City of Buffalo, the County of Erie and Amherst Station Housing Development Lund Company, Inc. inform and substance to the attached Agreement. This Project known as the Amherst Station, located on Main Street in the City of Buffalo, County of Erie, involves the partial demolition, rehabilitation and addition to an existing three story masonry commercial building on Main Street near Amherst Street into twenty -four (24) units of housing and administrative office space for Cazenovia Recovery Systems, Inc. The development will consist of nineteen (19) one bedroom units and five (5) two bedroom units, with the offices on part of the first floor. All of the units will be affordable to households with incomes at or below 50`, of the area median income; it is projected that four (4) of the units will be occupied by households at or below 30% of the area median income. Each unit will have laundry hook -ups and central air conditioning. The building will have a large community room with a kitchen area and common laundry facilities. There will also be a play area and green space for children and residents to gather_ as well as adequate off street parking for residents and guests. The not for profit sponsor /developer is Cazenovia Recovery Systems, Inc. ( "Cazenovia "). Cazenovia will provide services to residents. Lour of the units will house clients of Cazenovia (which provides services to individuals in recovery from a substance abuse problem); these residents will receive comprehensive services from Cazenovia staff, including case management, referrals, and independent living skills training. All residents will. be encouraged to participate in a tenant association, which will have input- into decision making for the building. Residents will also be provided with homebuyer training. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3A') of the total income of proposed budget, assuming a five percent (50) vacancy. Payments will increase by three percent per year for the duration of the 15 -year Pilot. TYPE DEPARTMENT HEAD NAME: Carla A. Kosmerl TYPE TITLE: Director of Administration and Finance SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE C0 1TT ON FINANCE. .. .. ,1 - � ;e:� :;� _y - _ was. %'°' ".� °• � '��` . _ E.. n N _ _ q�Y�ic_'lx�..•'r'v�°Ry 't� -�£ 4c�.,� .��' -� € _ r' g +T " .f �'. - rte:._. .• j�.` �pt. . � s ]�� �"�a. � " � ` N C' � v � - + y��- ` v "�.�.� 5. g - y rf- s. x` ' S „. �.z �3 y� t `.'iry.�� } �W, °,'•�' sv`h'` .t,��r"'?'i�c^:;.N; • �::'r - i - og °t om -.�,- e, , rE"tr �"”' i ce - ` rak •• �' _ ._ . `2 } .vS ��` "M"3s �. s h�r S'� �. �z' �. -. y„- "`�• x x � - � �F' �a: k •" ��c -;, r y� - - a 5- ��.�y- h";�' J'� s,{ i sq•+}F"`�2 'r; .,gwN+�.... --a- ...- ..�..*.+�� 4 - x `�^ � - 7- p.. rte, �.� - �' .y �'. _ ,r�''4"`• 7 � ; � �- r > fix, � ��"��.. ' :�- s ' - �� ^ i � ��. a c Ka �-� -'' s � ry :� �+s. �•' i x _,mss. ' "�, , -�rvn. b - �� •rty .y. { . _ = ' a ' - _ _ - ter•: - rau!, S r s� h "^'�•s`r" �'• '.'wwx.a i�:.2aa �'r. 5 ..;. ^_.._. __.. r.4...._� ».a�.x, .: "... >�'..,_- -A.. �...._,. m'-__.�,. - -._ -. l j��: 7 ., .. .. t - r ��3ft� •f� � i 4 ' �4.�y" r � t eon �nr is f `� ��`� ��� • ,1� 4f1yaF - n 4 1� s r'. L l tit i .• {. pot Al J a"J S i IS son gap TO AW 7 .F t s- r J' `i Atm. t Y k 51'+(~I .. 4 .xJCn�ln�. alSSa9C6 - � -� -r - •. � � r::�r • � r r. , nth r asF'�iz+s����.:�` <: ; �•' s•::• �a:: 7 �' j, �`•'[ 1rrw�: I!'.'' a3# ��Y?ks� +"'�GI�S�+''A • F'r +�S s� ' • t z'`:y� 'i "�51 ::' �� 5 'A Rx.. • S ^ Jw _ .. � jl.'r".s3$i� ts. r a n a�r'4�^� T t � •r .: YIJti f' asF'�iz+s����.:�` <: ; �•' s•::• �a:: 7 �' j, �`•'[ 1rrw�: I!'.'' a3# ��Y?ks� +"'�GI�S�+''A • F'r +�S s� ' • t z'`:y� 'i "�51 ::' �� 5 'A Rx.. • S ^ Jw _ .. � jl.'r".s3$i� ts. r a n a�r'4�^� T t � •r r.<r. a��,...,. »..4. �- - . , r •w.r�JSC�r�F+wtirisck�.�tp:r�r... 11. MIN 'a .J ;5•rrary 1' i. "VrV 'Fs }F'1•i!cs'ri? rryr r.<r. a��,...,. »..4. �- - . , r •w.r�JSC�r�F+wtirisck�.�tp:r�r... 11. MIN 'a HOME APPLICATION Funding Application - Project Name: SECTION 1 B - PROJECT DESCRIPTION Project Address 2665 -2671 Main Street Description of the property or building(s) intended for use in this project The project consists of the oartiai demolition, rehabilitation and addition to an existing three story masonEy building on Main Street near Amherst Street. Current uses of the property A portion of the building is being used as offices ace for Cazenovia Recovery Systems Inc. Proposed uses of the property or building The project will consist of office space for Cazenovia Recovery Systems and twenty -four (24) apartments, 19 one bedroom and 5 two bedroom Describe project with respect to: Demolition required The project includes demolition of 1 story wood frame building and garage. The level of improvements proposed (minor, moderate or substantial rehab, or new construction) Substantial rehabilitation Special design features that promote efficiency in operating and management costs, energy efficiency, construction cost savings The building is being designed to comply with NYSERDA standards for LEED certification 1. Describe any handicapped < accessibil ty features ihdiudjr g those required by Section 504 of HUD's regulations The building will comply with Section 504 handica ed accessibility standards. Two units will be full accessible° all units will be adaptable. Any applicable historic preservation requirements to be considered. Not applicable. For new construction projects, provide a brief description of proposed models, with proposed pricing. (Models must include, at a minimum, the following appliances - a stove with range top, refrigerator, washer and dryer.) Not applicable. For rehabilitation projects, ensure that all work to be completed will bring the structure into compliance with local codes and applicant and HUD regulations, including lead based paint hazard reduction requirements The _project is designed to comply with local codes and HUD Regulations. The proiect will be sub[ect to review and ins pection by City of Buffalo and State of New York and will obtain a building ermit and Certificate of Occupancy from the City-of Buffalo. 5 HOME APPLICATION Funding Application - Proje Name: Identify any Project phasing or other longer term approaches to the development of the Project Not applicable. 2. Describe the proposed occupant mix, including any mixed use or mixed income aspects of the project. Most of the first floor will house the administrative offices of Cazenovia RecoverV Systems. The remainder of the buiulding will consist of 19 one bedroom apartments and 5 two bedroom apartments. All of the units will be affordable for households with incomes below 50% of the area median: four of the units will be set aside for households in recove from substance abuse. June 22, 2006 C 'TY 0j' B'OUFFAL0 CI TY PLANNING BOARD 901 C !JTY HALL BUFFALO. NEW YORK 14202 B'YkQN W. BROWN MAYOR Suzanne L. Bissonette, Executive Director Cazenuvia Recovery Systems, Inc. 206 South Elmwood Avell suite 301 Buffalo New York 3 42 D 1 Re: Rehabilitation and addition to 2565 - 2571 Maim atmet, Buffalo New 'York Dear Ms. BissOnctte, The City of Buffalo Planrrirrg Board at a n l 8 137 of the BuffaloCade�CiYyZWide S to plan the ma ca ptioned above pursuant to Sect t n Review The planning Board has determined that the design and site plan meets the criteria for site plan a pproval contained in, section 511 -145 and 5 11- 146 of the Buffalo Code. A. New York State nvirorinental Quality Review Negative Deolaratioo has been prepared and approved by the City, of 13W;ffalo Planning Board. The City of Buffalo Planning Board voted to 4rplJryv e a....... -. -1j l�P___ _ tie 21, , 2006 fo the r talio January 26, Jatluary 27, 2006 and an updated open sp P and addition to the property located at 2665 -26 lviain Street, [buffalo New York. This fetter Trait are r ued pr ©r to the comme �-C nren of The a t al wurke that all O f the owner to required p 1f you should have any finer questions regarding the above, please feel free to contact me ; anytime at (716) 851 -5086. Sincerely, William Grillo Principal Planner Y WPG:MG J UL t I � c,e, Gerald Chwalinski David Krug, Permit Office Building Code Review Planning Board File �l X-3 / i SD AGREEMENT FOR PAYMENTS IN LIEU OF TAXES THIS AGREEMENT for payments in lieu of taxes is made as of the day of 2008, by and among the CITY OF BUFFALO, a municipal corporation organized and existing under the laws of the State of New York, having its principal once at City Hall, 65 Niagara Square, Room Buffalo, New York 14202 (the "City the COUNTY OF ERIE a municipal corporation organized and existing under the laws of the State of New York, having its principal office at c/o Erie County Department of Finance, 95 Franklin Street, Buffalo, New York 14202 (the "County "), and AMHERST STATION HOUSING DEVELOPMENT FUND COMPANY, INC. a New York not- for - profit corporation organized under Article 1 I of the New York State Private Housing Finance Law, having its principal office and place of business at 2671 Main Street, Buffalo, New York 14214 (the "Taxpayer ") for the making of certain payments in lieu of real property taxes by the Taxpayer (the "PILOT Agreement "). WITNESSETH: WHEREAS, "Taxpayer holds equitable and beneficial ownership of a tract of land improved with two (2) buildings and commonly known as at 2665 -2671 Main Street, City of Buffalo, County of Erie and State; of New York and as further described in Exhibit A, attached hereto and made a part hereof (the "Land "), and is the owner of twenty four (24) units of affordable housing located on the Land and known as Amherst Station (the "Project "); and WHEREAS, the development of the Project is of vital public interest to the City and the County; and WHEREAS, the development of the Project is intended to be affordable to low and very low income households, and affordability of the property for residential use by low and very low income persons shall remain consistent throughout the duration of the PILOT Agreement, NOW, THEREFORE, in consideration of the covenants and agreements contained in this PILOT Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Tax Exemption The parties agree that Taxpayer qualifies for real property tax exemption for the Project in accordance with the provisions of Article 11 of the New York Private Housing Finance Law. 2. Obligation of the Taxpayer to Make Payments in Lieu of Taxes The City and County require, and the Taxpayer shall make payments in lieu of real property taxes to Page No. 1 2665 Main Street/ PILOT i the appropriate taxing authorities pursuant to the real estate tax policies of (lie City and County, subject to the terms of this Pit.oT Agreement. 3. Requirements of Tax a er. a. The development of the Project shall be carried out in accord with the provisions of Article I I of the New York Private (lousing Finance Law and in compliance with the reasonable requirements of the Planning Board of the City of Buffalo. b. The PILOT Agreement period is to commence on the Commencement Date, as hereinafter defined, and be concurrent with the Project's use as affordable housing and for so long as a municipality aided, state aided and/or federally aided mortgage is outstanding on the Project, but shall not exceed fifteen (15) years. C. The Taxpayer shall provide the City and County such information concerning its operations and the operations of the Project in form and substance as may from time to time be reasonably requested. Such information shall include but shall not be limited to the annual financial statements of the Taxpayer from the calendar year immediately preceding the fiscal year in which payments are due. d. The Taxpayer shall permit the Comptroller of the City and County to audit its books and records within fourteen (14) days after receiving a written request from the City or County. C. Transfer of legal title to the land and improvements comprising the Project will not be allowed during the term of this PILOT Agreement without the prior written consent of the City or County. f. The Taxpayer shall utilize City services for the Project at rates comparable for similar properties. 4. Taxing Authorities and Amounts a. Upon commencement of the City's next taxable status date following conveyance of the Land to facilitate the Project described herein (the "Commencement Date "), the Taxpayer shall snake annual payments in lieu of local and municipal real estate taxes, including school taxes but not including assessments for local improvements and special assessments on the land and buildings constituting; the Project as follows: i) the Taxpayer will make a fixed annual PILOT payment in the amounts as stated in Exhibit I3, attached hereto and made a part hereof, in satisfaction of all real property taxes; ii) Twenty -five percent (25 %) of the total PILOT Payment made each fiscal year will be due to the County, and forwarded directly thereto; Page No. 2 2665 Main street / Pti A'r 4 iii) the remaining portion of the PILOT payment shall be allocated and/or distributed as the City of Buffalo sees fit between the various entities currently assessing taxes against the Project, except the Taxpayer will be responsible for paying all special district assessments and other assessments for local improvements permitted by law; iv) at the expiration of the fifteen (15) year period, this PILOT Agreement will cease to have any effect on the taxes due with respect to the properly and the properly will be taxed in accordance with applicable law. b. Each of the foregoing payments shall be made on or before the date that the particular tax payment would have been due to the City or the County. C. The accountant for the Taxpayer shall prepare all docurnents and fortes required under this PILOT Agreement. 5. Defaults in Payment Lieu „ of Taxes In the event the 'Taxpayer fails to e make any payment in lieu of real property taxes when due, the amount or amounts not so paid shall be a lien on the Project in the same manner that delinquent real property taxes would be and continue as an obligation to the 'raxpayer until fully - paid. In addition, the Taxpayer shall pay the appropriate taxing authority's or authorities' interest and penalties on the unpaid amount or amounts accruing at the same times and at the interest rates as if such amounts were delinquent real properly taxes. In addition to any other remedies available to them for the collection of delinquent real property taxes, including, without limitation, in rern proceedings, the City and County may exercise any other remedies available, and such remedies shall be cumulative and the exercise of any remedy shall not he an action of remedies under law. 6. Effect of Fulfillment nf„ the Requirement Once having paid the _ , amounts required by this PILOT Agreement when due, the Taxpayer shall not be required to pay any real property taxes for which such payments in lieu of taxes have been made, except special district assessments and other special assessments for local improvements permitted by law. 7. Events of Default and Termination of Tax Exemption a. An event of default (1 - -went of Default') shall be defined as (1) failure of the Taxpayer to mare any payment required under the PILOT Agreement when due, (2) the Taxpayer's failure to provide any notice as required by this PILOT Agreement to the City or the County, (3) Taxpayer's failure to qualify, or continue to qualify, for a real property tax exemption for the Project in accordance with Article I1 of the New York Private Housing Finance Law, (4) failure of Taxpayer to provide any of the information required by Section 3(c) or 3(d) of this PILOT Agreement, or (5) the transfer of title or beneficial ownership of any portion of the Project or the Land. Page No. 3 2665 Main Street I PILOT I b, Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have ten (10) days after the receipt of Notice from the City or County regarding such default to cure such default. c_ In the event the Taxpayer has not cured such default or defaults within the time period set forth in this PILOT Agreement, then the exemption from real property taxes described herein shall be deemed to have been terminated as of the taxable status date of the City's immediately preceding fiscal year. d. Upon a termination of the exemption from real property taxes set forth in Section 7(c) above, the Taxpayer shall be liable for real property taxes on a pro -rata basis from and after the City's taxable status date immediately preceding the Event of Default and the statutory lien applicable to such real property taxes shall be deemed in effect as of the lien date normally applicable to such year's real property taxes, unless a separate basis for a real property tax exemption then exists for the benefit of Taxpayer_ e. Any such termination of the real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for an unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. 8. Waiver No failure on the part of the City or County to exercise, and no delay on the part of the City or County in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by the City or County preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 9. Modification Neither this Agreement nor any provision hereof may he amended, modified, waived, discharged or terminated, except by an instrument in writing duly executed and agreed to by the parties hereto. 1.0. Counterparts This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Remainder of page intentionally left blank Page No. 4 2665 Main Street / PILOT 'j 0 IN WITNESS WHEREOF, the City, County, and Taxpayer have duly executed this Agreement as of the day and year first above written. COUNTY OF ERIE Christopher Collins County Executive Approved as to content for Erie County: Holly A. Sinnott, Commissioner, Department of Environment and Planning Approved as to form for Erie County: Gregory J. Dudek Assistant County Attorney Document No.: Dated: 3030902v2 CITY OF BUFFALO Byron W_ Brown Mayor Approved as to content for the City of Buffalo: Martin Kennedy Commissioner, Assessment and Taxation Approved as to form for the City of Buffalo: Alisa A. Lukasiewicz Corporation Counsel AMHERST STATION MOUSING DEVELOPMENT FUND COMPANY, INC. By: Page No. 5 2665 Main Street I PILOT 1 Exhibit A Page No. 6 2665 Main Street / PILOT Exhibit B Payment to the Payment to the Total Year �W of Buffalo "un of Erie Payment 1 F 3,628,40 1,209.47 4,837-86 2 3,737.25 1,245-75 4,983.00 3 3,849.36 1,283.12 5, 1 32.49 4 3,964.85 1,321.62 5,286.46 4,083,79 1,361.26 5,445.05 6 4 1,402.10 7 4,332.49 1,444-16 1,487-49 5,776.66 5,949.96 8 4,462.47 9 4,596.34 6,128.46 10 4,73423 1,578.08 6,312.31 11 4,876.26 1,625-42 6,601-68 6,696-73 12 5,022.55 1,674.18 13 5,173,22 1,724.41 6,897-63 14 5,328,42 1,776.14 1 7,104.56 15 5,488.27 1,829.42 7,317.70 30309022 Page No. 7 2665 Main Street / PILOT # 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL s TO: THE COMMON COUNCIL: DATE: December 23, 2008 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Redesignate Redeveloper Grain Service Corporation — 175 Buffalo River PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xx/xx/xx) This item is a request to redesignate Grain Service Corporation (GSC) as the Redeveloper of 175 Buffalo River, also known as Concrete Central Grain Elevator. The property consists of 3 acres and is bounded by the Buffalo River to the North, south and west and railroad property to the east. Your Honorable Body originally designated GSC on July 8, 2008 and the designation will expire on January 8, 2009. Grain Service Corporation is a commodity research, consulting, and trading company. The company annually transacts over $3 billion of grain and energy derivatives a year for clients ranging from multinational corporations to commercial commodity consumers, producers and merchants. GSC is proposing to partner with RiverWright Grain Management Partners and agrees with their development of a master plan for the area which incorporates Cargill Superior and possibly Concrete Central into an integrated biomass storage complex. therefore respectfully request that Your Honorable Body redesignate Grain Services Corporation and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Redeveloper to the City, payable within five (5) days from the date of des,gr ation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. FORM #2 — Page #2 TEXT CONTINUATION RE: Redeveloper Redesignation 175 Buffalo River — Grain Service Corporation December 23, 20008 e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R,C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. g. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This redesignation will expire six (6) months from the date the Common Council approves. I am requesting that your Honorable Body approve the redesignation of Grain Service Corporation as the Redeveloper of 175 Buffalo River upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 175 Buffalo River, and forward to the Common Council for final approval of the land disposition for the transfer of title. DEPARTMENT HEAD NAME: TITLE: CARLA A. KOSMERL DIRECTOR OF ADMINISTRATION AND FINANCE; OFFICE OF STRATEGIC PLANNINGGO `_. SIGNATURE OF DEPARTMENT HEAD: CAK/ms A#A ti r GSC December '1.6, 2008 Carla Kosmerl Director of Office of Strategic Planning, Administration and Finance 214 City Hall Buffalo, NY 14202 RE: Developer Designation Extension Concrete Central Grain Elevator 175 Buffalo River Dear Ms. K.osinerl, The Common Council, at its meeting of July 8, 2008, designated Grain Service Corporation (GSC) as the redeveloper of the Concrete Central Grain Elevator at 175 Buffalo River Drive for a period of 6 months. This designation will expire on January 8, 2009. This letter is to update the City on our progress and request an extension of this designation. GSC has been working with Nidera (w ww.nidera.com ), CGS ( both international grain companies with experience running terminal elevators globally, to validate its business plan in Buffalo. GSC originally had a letter of intent to finance these redevelopment plans from AIG- Financial Products. Recent corporate and governmental development's at AIG -FP have made the availability of credit available to GSC from AIG for this project unlikely. This revocation of interest was made formal to GSC in late November 2008 in letter from AIG explaining it was curbing all new transactions. As a result GSC is now seeking a commitment from Macquarie .Bank in New York to obtain financing for the redevelopment of Concrete Central Elevator. GSC has a working financial relationship with Macquarie Bank since 2006. 3340 Peachtree Rd • Suite 1910 • Atlanta, GA 30326 1.800.845.$103 • 404.233.6067 • Fax 404- 261 -5468 • www.gscenergy.com A�L�\ GSC We continue to correspond and partner with RiverWright LLC and agree with their development of a master plan for the area which incorporates Cargill Superior and possibly Concrete Central into an integrated biomass storage complex. We are working cooperatively with Rick Smith, Greg Stevens and others on their team to integrate the sites as our collective plans materialize. GSC still believes despite the volatility in bulb shipping rates, commodity prices, and credit markets it is well positioned to get a grain and bulk handling business off the ground in Buffalo in 2009. Therefore, we respectfully request that the City extend for 6 months the designation of 175 Buffalo River to Grain Service Corporation. Please feel free to call or email with any questions or concerns related to our request for extension. 3340 Peachtree Rd • Suite 1910 • Atlanta, GA 30326 1.800.845.8103 • 404.233.6067 • Fax 404- 261 -5468 • www.gscenergy.com GSC Regards, Tom Fernandes /s/ Director cc. Ashmead Pringle, President, GSC Brian Reilly, Chief Economic Development Officer John Hannon, City Division of Real Estate Maria Scinta, City Division of Real Estate (1 3340 Peachtree Rd • Suite 1910 • Atlanta, GA 30326 1.800.845.8103 • 404.233.6067 • Fax 404 -261 -5468 • www.gscenergy.com Mr. Fontana moved: That the above communication from the Department of Strategic Planning dated Decerrrber 23, 2008, be received and filed; and That the Common Council approves the redesignation of Grain Service Corporation as the Redeveloper of 175 Buffalo River upon the terms and conditions previously approved; authorizes the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 175 Buffalo River and forward to the Common Council for final approval of the land disposition agreement for the transfer of title. Passed. 2 {% Tna:rmv 7';1wpWi n swnrdVmv12c 1- 6a.doc r `AYE* NO * DAVIS * * * FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS LOCURTO RIVERA RUSSELL SMITH [ ------------- ] [MAJ- S] [213 - 6] [ 314 - 71 * * * * 4 * 0 * # 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL t r TO: THE COMMON COUNCIL: DATE: December 23, 2008 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Redesignate Redeveloper RiverWright Grain Management Partners, LLC -- 2 Buffalo River PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xxlxx) This item is a request to redesignate RiverWright Grain Management Partners, LLC as the Redeveloper of 2 Buffalo River, also known as Cargill Superior Grain Elevator. The property consists of 3.5 acres along the Buffalo River and is bounded by the Buffalo River to the North, and railroad property to the east, west and south. Your Honorable Body originally designated RiverWright Grain Management Corporation on July 8, 2008 and the designation will expire on January 8, 2009. RiverWright has conducted extensive discussions with major US grain players and has concluded that the best strategy to develop the grain elevators on the Buffalo River is to develop their ethanol project in parallel and partnership with major grain players. The grain companies will trade grain on their own account as well as supply RiverWright with its grain needs. Recently, RiverWright has proposed and the City has adopted the vision of creating a Green Energy Zone under the South Buffalo BOA process. As part of this concept, RiverWright has partnered with Grain Service Corporation (GSC) to plan the redevelopment of the RiverWright Grain Elevators, Cargill Superior and Concrete Central elevators. GSC is currently the designated developer of 175 Buffalo River. RiverWright has been developing a master plan for the area which incorporates Cargill and Concrete Central into an integrated biomass storage complex. They plan to include both grain and other energy feedstock. It will be served by a biomass handling logistics center based at Marine A. therefore respectfully request that Your Honorable Body redesignate RiverWright Grain Management Partners, LLC and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase �. i FORM #2 — Page #2 T En T CON I "Lj T iOiv RE: Redeveloper Redesignation 2 Buffalo River — RiverWright December 23, 2008 price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C. E. R. C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. g. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This redesignation will expire six (6) months from the date the Common Council approves. I am requesting that your Honorable Body approve the redesignation of RiverWright Grain Management Partners, LLC as the Redeveloper of 2 Buffalo River upon the above terms and conditions, authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 2 Buffalo River, and forward to the Common Council for final approval of the land disposition for the transfer of title. DEPARTMENT HEAD NAME TITLE: CARLA A. KOSMERL DIRE OR� OfiADiUi1 F1 NCt -- .OFFICE # PLANNING ISTRATION AND - STRATEGIC Jj 4 SIGNATURE OF DEPARTMENT H CAKIms Dom;= giber 3, 2008 Carla Kosmerl Director of Office of Strategic Planning, Administration and Finance 920 City Hall Buffalo, DIY 14202 ar'i : th"veloper Resignation Extension Carol Su" or Gr"in Ulevatbir 2 Buffalo River Dear Ms. Kosmerl, The Common Council, at its meeting of July 8, 2008, designated RiverWright gain Management Partners, I,LC (R W MP) as the redeveloper of the Cargill Superior Crain Elevator at 2 Buffalo River for a period of b months_ This designation will expiry: On JaMtary 8, 2009. This letter is to update the City on our progress and request an extension of this designation. RivcrWright Grain Management Partners, LLC. (RWGMp) is a NYS ;spy cialt;y limited liability company formed fo re novate, manage and operate the Bu afo Rive' Grain Elevators. its members include RiverWright, LLC. the ethanol project development company, Greg Stevens, tick Smith, and additional partners and investor& At the outset of the RiverWright ethanol. project, the assumption was that RiverWright would awn and operate all of its oven min storage facilities and the graim over the past two and one half years, RiverWright conducted exte ive discussions with major US gram players, learned about the grain business and experienced the rapid rise its commodity values. RiverWright concluded that the letter strategy is to develop their ethanol project in parallel with the development the Buffalo River Grain Elevators and in partnership with major grain players. The grain companies will trade grain on their own account as well as supply RiverWright with its grain needs. More recently, RivcrWrigbt has proposed and the City has adopted the vision of creating a Green Energy Zone under the Sow Wino BOA process. As part of this concept, RiverWright has partnered with GSC to plan the redevelopment of the RiverWnght Grain Elevators, Cargill Superior and Concrete Central. elevators. They will be developed as biomass storage :facilities to meet the expanding need for biomass (including grain) feedstock. The commodities will be transported in large volume by ship and rail and stored proximately to the major energy markets in the Northeast and Canada. . We have been developing a master plate. for the area which incorporates Cargill SUpe rior and Concrete Central into an integrated biomass storage complex. We plan to include loth grain and other energy feedstock. It will be served by a biomass handling logistics center based at Marine A. It will optimize; marine and rail infrastructure investment and have an optimal environmental footprint on the river. The CSX railroad is supportive of our plan and is willing to provide; mess to the additional real estate needed to link the properties. A ley element of our engineering studies was a marine component that studied current lake freighters and taming basin widths. Ibe study concluded that the typical lake freighter that would serve Concrete Central and Cargill Superior could not navigate the turn in. the Buffalo River to reach these elevators. The parcels am landlocked and would rcquire substantial investments in infrastucture to provide access. BY integrating the elevators into an overall conveyance plan with Marine A as the hub, development can proceed in the m ost economically and environmentally sensitive way. Our timetable is hampered by the current challenging condition of the credit markets. Once the ovemll ewrromy improves and the credit market opens tip, eve will proceed with moving these plans to reality. In the meantime, we have beer' curtrrvt witlx our $500 per month designation fee. Therefore, we respectfully request that the City extend the designation of 2 Buffalo River to RiverWright Grain t tmdft partners_ W hope you wip comider our proposal as a POSitive step towards our common vision for a restoration of these historic structures and a rebirth of waterborne commerce, along the u#falo River. 0. �n Very Trul Fours, �s�1G Gregory 1). Stevens Member cc: Rick Smith ill, Chairman, RiverWright Brian Reilly, Chief gnomic Development Offi John Hannon, City Division of Real Estate Mari. Scinta ..City Division. of Roat.EstaW, Mr. Fontana moved: That the above communication from the Department of Strategic Planning dated December 23, 2008, be received and filed; and That the Comn2on Council approve the redesignation of RiverWright Grain Management Partners, LLC as the Redeveloper of 2 Buffalo River upon the terms and conditions previously approved; authorizes the Executive Director of the Office of Strategic Planning to prepare the necessary agreen - tents for the redevelopment of 2 Buffalo River and forward to the Coinnion Council for final approval of the land disposition agreement for the transfer of title. Passed. =.) TAB:nnv T:lwp60\msword \rmv13c 1- 6a.doc F.. *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * ' RIVERA RUSSELL * SMITH [-------- - - - - -] [ MAJ - 51 [213 - 6] [314 - 71 _ FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Jan 6, 2009 #1 (Rev. 1/93) SINGLE PAGE COMMUk C ,4 TO THE COMMON COUNCIL TO: THE rfl[1/EMON COUNCIL DATE: December ` 6, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Commissioner's Office SUBJECT: [: Permission to Hire Consultant [: City Hall [: MIS Emergency Generator f: Job #0831 PRIOR COUNCIL. REFERENCE (If Any) [: EX. (Item No. CCP ) TEXT Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction oversight for the design of a gas -fired emergency generator for the Management Information Systems within Buffalo's City Hall. The cost of these service is $66,500,00 and funds will be available in the Buildings Capital Budget. SJS /PM /DAH /dlg cc: S. Harvey, Buildings Department Head Name: Steven J. Stepniak Title Commissioner of Pubft Works, Parks & Streets Signature of Department Head: i Mr. Fontana moved: That the above communication from the Corariussioner of Public Works, Parks and Streets dated December 26, 2008 be received and filed.; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain a consultant to prepare plans and provide construction for the design of a gas -fired emergency generator for the Management Systems within City flall. Funds for this project are available in Buildings Capital Budget. Passed. 4 TAB:rmv 'FA I - 6a.doc i � *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RNERA RUSSELL SMITH [-------- - - - - -] [ MAJ - 51 9 0 [2/3 - 6] [3/4 - 7] FROM THE COMMISSIONER OF POLICE Jan 6, 2009 1 6.: r J can SINGLIa PAGE COMMUNICATION TO THE' COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: Decembe 23, 2008 FROM: DEPARTMENT: POL.IC.E DIVISION: SUBJECT: Drug Asset Forfeiture Annual Certification Report : and Audit for Fiscal Year Ending June 30, 2008 1: PRIOR COUNCI., Rl'sF1sRI;NCE: (IF ANY) � Ex. ( Item No. xxx. C.C.P. xx /xx /xx TEXT: (T Y PE SINGLE. SPACE .BELOW Enclosed please find the completed audit report and certification report for the fiscal year ended June 30, 2008. This report is being filed with your Honorable Body as an informational item. If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. REF ERRE U TO THE COMMITT ON F INANCE, HMG /jws TYPE DEPARTMENT 1IF;AD NA:MP; H. MCCARTHY G.IP,SON TYPE TITHE: CCOMMISSIONE.R OF POLICE SIGNATURE OF DI: HEALS .1 FROM THE COMMISSIONER. Or ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Jan 6, 2009 ._ l b Zf # 1 (Rev. 2/01) SINGLE PAGE QMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 30, 2008 FROM: DEPARTMENT: Economic Development, Permit and Inspection Services DIVISION: Executive SUBJECT: Examining the Feasibility of holding "Neighborhood Mimi Auctions" to Market City Owned In Rem Properties PRIOR COUNCIL REFERENCE: Iteru 988, CCP 12/09/08 TEXT: TYPE SINGLE SPACE BELOW ['hank you for your letters to the department regarding the idea of "neighborhood mini auctions" which we have incorporated into the department's land strategy this fall in close coordination with Judge Henry Nowak. As part of regular consultations with the Judge and others, we continue to test the feasibility of the idea and how and where it might be deployed. TO date, our analysis of the issues surrounding implementation has included: • analysis of current city -owned property to determine feasible future use types • determining which represent an asset needed for future development plans and whether adjacent properties can be assembled in 1, 2 and greater acreages. if parcels were to be combined, is there a better use for them o e.g. can concentration of parcels allow us to provide recreational or storm water green space does the potential for land assembly exist rnlder existing laws and authorities (including the state constitution) for business development (and jobs)? We continue to discuss the plan with Judge Nowak regarding strategies for deployment and the legal issues surrounding them with Corporation Counsel. As you know, one of the limiting factors in any city land sales is the capacity of staff to process them. At Mayor Brown's direction at Citistat, the Division of Real Estate has undertaken a process improvement effort this fall and winter to reduce the number ofsteps taken for real estate transfers, streamline and seek further efficiencies in the process to process the backlog of properties from In Rein 41 in 2007 and to be able to more quickly process the forthcoming two hundred -some properties from In Rem 42. Further improvements are underway to accommodate more quickly any buyer interested in purchasing an existing city -owned property with as few steps as possible. As Commissioner, I coni.inue to stress that anyone wanting to buy a city -owned residential property to renovate and reuse, will be gladly assisted to do so if they have an acceptable plan and evidence of financing to execute it. You or your constituents can bring such Opportunities to my attention if they encounter problems. We will fix them and transfer properties the city owns to qualified redevelopers. We have also launched a request for proposals to preparing a vacant properties data base as suggested in Blue Print Buffalo. The goal is to quickly "stitch together" existing :municipal and government data sources to provide the Tull benefit Or existing (but previously not easily accessible) data. This should further inform neighborhood mini auctions as well, such as analyzing potential properties which might be available at the next tax foreclosure, based on current assessment data, in order to have a better idea of where concentrations may exist. 1 let me know if we can answer further questions. ERf `� TO ., TYI'I?. DEPARTMENT HEAD NAME: Brian ReillV ON FIINANGFK TYPE TITLE: Con. imissi SIGNA'T'URE OF DEPARTMENT H _ �/ � �� (111 v Council Staff Chief of Staff James S, Pajak OEA tutu IDn couucif CITY OF BUFFALO December 11, 2008 Senior Legislative Assistant IV Mv. Brian Reilly, Co ininissioner Kevin Linder EDP.I Room 324 City hall " Buffalo, NY 14202 Senior t.egisfative Assistants LLl M � c� 1 rty Brian C. Bray Dear Conimissionei Reilly: Leon M. Hicks mark J, Jaskula William Licata At the Cotntuoti Council niecting Held on I'uesday, December 9, 2008, the Marysoi Rosado following resolution was ADOPTED by the Rill Coutici1: Jacqueline E. Rushton Legislative Aide Rein #88, CCP 12109108, "Ex ainining the Feasibility of holding Karen D. Privateer "Neighborhood Mitt_A fictions" to M Cite Owned In Rem Properitics" 85 Niagara Square, Room 1413 Buffalo, New York 14202 -3318 PleaSC reViCW tllC G. cIoNed item acid address and file your Coniinent5 and/or Phone: (nis) 851 -5105 recoinniendations with the Comiiinon Council, 1308 City Hall, by 2:00 PNI 1=0x: (716) 851 4 234 Thursday, Deccniber 18, 2008, Your assistance is greatly appreciated. incerely yours, ACQ1JI IsINL�. - -RUSH TON Senior Legislative Assistant k'uci.- t `_. RESO'EaiJ`.l'IO ` l Sponsor: Michael P. Kearns Co- sponsors: Richard A. Fontana, Michael .T. LoCurto, David A. Rive -raa Ike: EXAM Ii' NC THE: FEASIBILITY OF HOLDING "NEIOHBORUTOOH MINI- AUCTIONS" TO MARKET CITY OWNED IN REM PROPERTIES WHEREAS, Each year, the City of Buffalo holds at least one City -wide auction in an attempt to find new owners for properties which it has foreclosed upon; and WHEREAS, In 2007, of those properties which the City foreclosed upon, 1,118 were struck back to the City, 08 were sold at City -wide auction and 703 were adjourned to 2008 as In Rein; and WHEREAS, 'I`his year, 2008, of those properties which the City foreclosed upon, only 232 were st'cuck . hack to the'City, 808 were sold.at City- wide'auction and 1,847 were adjourned to 2009 as In Rem; and WHEREAS, As compared to last ycar, many less properties were struck to the City and 150 % more properties were adjourned to the following year as In Rein. This suggests a change in strate ;y in regard to the way the City is dealing with properties on which it has foreclosed; and WHEREAS, While, it may be prudent for the City to attempt to stay out of the real -- estate business and instead focus its resources on secuWing private investillent in foreclosed upon properties, �vhcia such properties are adjourned to the following year as In Rem rather than struck back to the City o r sold at City- wide all entire year oaten passes before the next City -wide auction is held, over which time the condition of these adjourned properties play severely deteriorate, thereby leading to a decrease in their value and marketability and, in some iltstances, necessitate their demolition by the City; aIid WIIERE'AS, One strategy that the City alight use to decccase the nunabcr of hOrIaes that Cnd up s.ittitsg in legal limbo while they further deteriorate for another entire year, would bo to supplcjtr:nt our City- wide auctions with "Ncigliborhood Mini - Auctions," and WHIi,R ,AS, If such Neighborhood Mini - Auctions were held in early �prizjg of each year in each Councilmatic District, with their focus being the sale of foreclosed upon properties specific to that District, such homes might attract more interest than under our current systenx in which only one or a few City -wide auctions are held each year; and WHEREAS, Specifically, the holding of Neighborhood Mini - Auctions might allow the City to attract bids from those who are looking to buy homes at other times of the year than when the Citywide auctions are traditionally held and in addition, allow City employees tasked with working on such auctions to distribute their workload more evenly throughout the year; acrd W11E1 J,AS, An additional benefit of holding Neighborhood Mini - Auctions might be that those who reside in the area where the auction is being held would be empowered to literally "take back their community" (roan those who buy properties simply for financial speculation, in that it would likely make it easier for theirs to become awasye of the foreclosed upon properties in their neighborhood that are up for sale, as well as the time and place of such sale; and V ) WHEREAS, Under a system of Neighborhood Mini - Auctions, the City could continue to follovY their current procedure of publication and notice for marketing of auctions, but would also be able to supplement such efforts by mailing out information on the properties that will be offered at each auction to those who reside in the Councilmatic District where the auction is to be held in order to create a more informed local citizenry while ensuring that City continues to observe all requirements for providing legal notice to the general public; and NOW THERF ORE BE IT RESOLVED, That the City Clerk forward a copy of this resolution to the City's Office of Strategic Planning, Department of Law, and Department of Assessment & Taxation for their revieA, comment, and an opinion on the advisability of the City of Buffalo pursuing a policy of holding some sort of Neighborhood Mini - Auctions. I NOW THERFORE BE IT FURTHER RESOLVED, , That the aforementioned Office and Departments file the information requested herein with the City Clerk for presentation to the Common Council at its next meeting scheduled for December 9, 2008. ichael P. Kearns South District Council Member President Pro- Ternpore . David A. Rivera Niagara District Council Member f Richard A. Fontana Lovejoy District Council Member Majority Leader a e. Michael . LoCurto Delaware District Council Member To: The Common Council: Date,: December 23, 200£3 `` { From - . Department: Department of Economic Development Permit & inspection Services office of Licenses Subject: [: food Store License [; 977 Sycamore (1 {illmore) Prior Council Referencc; (If Any) Pursuant to Chapter 19 of fire City of Buffalo Ordinances, please be advised that I have examined the attached application f a Food Store License located at 977 Syearore (A.D. Asian Variety Mart) and find that as to fornr is correct. I have caused an investigation into the preruises :for which said application for a food store license is being sought and according to the attached reports Born the Zoning office, Fire Department, Building Inspections, Police it. cornplies with all regulations and other applicable la Department and Collections Office .l find ws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMI.TTEE ON LEGISLATION, Signature: Department Head Title: DEPUTY COMMISSIONER JC :mrz OFFICE, OIL LICENSES 313 CITY HALL BUFleAI,O, NEW YORK 14202 INSPEC'T'IONIAI'P OVAL REQUEST' AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: A.D. ASIAN VARIETY MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POI.dC ; MSTRTCT .APPLICANT NAME: APPL, PHONE: APPLICATION NUM13IsR R3 ItERRAL DATE: REMARKS DISAPPROVAL REASON: 477 SYCAMORE. 507 -3892 Fl 08 MO3IAMMAD AM 507-.3992 5,52664 10/31/2009 NEW 1,ICENSE 2009 (I'O BF, COMPLFUM) BY AGENCY/DEPARTMENT REI EFJtED 'TO) APPROVED I)ATI +;: DISAPPROVED DISAPPROVAL CAI,I, BACK DA'Z'E: "'REASON FOR DISAPPROVAL MUST BE STATED BELOWk ** REMARKS: INSPECTOR AFTER INSPECTION PLEASE COMPLETE: AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4pp- 71ip2)-pf CITY Ole' B U Fh AL U of ICE OF LICENSES 313 CITY FALL r» IRVII' l" 90 Nlf' I YORK 1420? 9.D U a` r t�.t�v� xs � INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZI „ ALSKI APPLICATION FOR. A.D. ASIAN VARIETY MART 1ACENSE TYPE;: FOOD STOld, BUSINESS ADDRESS' BUSINESS PHONE: COUN(-'IL. DISTRICT: POIfi('F I)IS'T'RI APPIA ANT NAME: AV P1,- PIIONE: APPLICATION NUMBER: REFERRAL DATE: RI DISAPPROVAL R EASON: 977 SYCAMORE 507 -3892 Fl 08 MOHAMMAD ALI 507.3892 552664 10131/2008 c ” f) 1 6 cl NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) Al'PROVF, DATE: Z 5 ° 0 ..... DISAPP ROVED DATE: DISAPPROVAL CAI,,L 13ACK DATE: �* *REASON FOR DISAPPROVAL M11S'F BE STATED BELOW * *" REMARKS: INSPECTOR '' • y" V RM# EXT AF'T'ER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppsnP2rpt l:L]L x T Iao�v 5`�oxl 1I',1'A]tTMENT: IIoUSING PROPIJRTY INS AGENCY l I ItEFEI�E,D To: VINCE I'ERRARACCIG A F Ol" A.D. ASIAN V ARII I'Y MAIZ'r A11LIC LICENSE ` yPE: I3iTSINESS AUpgESS: I3I35Fh1ES5 PIIONE: t;o[3NCIi_, I)IS'TRLE =T: Pohl[? WSTMIC T: APPLICANT NAMVA,: TRENT ARK I)ISAPPIROV ' MI;,ASON-- [)FFIC`F, Oo .,jCI,NSES 313 CITY IIALL N1;' AN YOItK 11202 INSPECTIoN /AP"OVAL ILE�UEST 977 SYCA AOItTI 507 -38 FT 08 MAT.) AI.I MOITAM 50 55266 10!31!2 ENT MiJS`F' CAI.�I, FOR AYI' { }IN'TNi NEw LICENSE 2009 i -._ - ------ - --- --- - - - -- --- .,I<.TEL� BY A(',S'NCYII)EPAIt "IIYtEN`T ItEI�EIiit4?.v TO) �•ro BE coM�I APPItoV' `:v �v�SArr�iov� --) �; -- - C, 0, S-- DATE= DATE: ACK .kx *I�1� NsoN , C)K PTSAPPKoVALT-0 BE STATED BBL IIEWOtKS `lE A,ND 1tg.T�AN T3fIS PLEASE COM " ' 1` ' THANK Y"' A "I'ER INSP CT'OOFFi F Oy LICENSES- REFE1tRAJ, OF �ppSl ip2. ryr yq�—. A A VA' �'V A'8'f`H&d `✓ OFFICE OF �p g C LICENSES 313 CITY H A LL BUFiKALO, NEW VORK I J2 02 INSPE CTION/APPROVAL REQUEST AGENCY i DEPARTMENT: POLICE REFrj.R D TO: COMMISSIONER OF POLICE APPLICATION FOR: A,D, ASIAN VAREETY MART LICENSE TY X000 SWORE )BUSINESS ADDRESS: BUSINESS PRONE, COUNCIL DIS'T'RICT: POLICE DISTRICT! API'LIICANT NAME! APPI_. PHONFE A PPLICATION NUMBER: REFERRAL DATE: 977 SYCAMORE 547 -3892 Fl OR MOHAMMAD ALI 507 -3892 552664 t 013 t /2008 REMARKS: DISAPPROVAL ":ASON! (TO nE COMPLETED BY ,AGENCY/iDEPARTMFNT IMFIEURED TO) APPROVED DATE: ►� ° 7 DISAPPROVED DIS'T'RICT CAPTAIN: APPROVED D ATE: NEW LICENSE 2009 DISAPPROVED ROVED DATE: * *, IRRASON FOR DISAPPROVAL mVST DT+ STATE BELOW REMAPJCS' COMM. OF POLICE: AFTER INSPECTION PLE COMPLETE AND RETURN THIS R FF RAL TO THE OFFICE OF LICIENSES. THANK YOU APpSlrp2.rpr OFFICE Of+ LICENSES) 30 CITY HALL "BUFFALO, NEW YORK 14202, INSPECTION/APPROVAL REQUEST A GENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: A.D. ASIAN VARIETY MART LICENSE `I°YPE: FOOD STORE BUSINESS ADDRESS: BIJSMESS PHONE: COUNCIL DISTRICT: PCDLICI� I7ISTRIC`I': APPLICANT NAME: APPL PHONE- APPLICATION NUMBER: REFf?,RItAL DATF,' REMARKS: DISAPPROVAL REASON; 977 SYCAMOR 507 -3892 1:I 09 Iv10IIAMMAD All 507 -3892 55266 10131/2008 NEW LICENSE O BE COMPLE'I'IeD i9Y AGENCY /IDE PARTMEN`I' REFri ,RRED TO) [APPRO� DATE: DISAPPROVED DISAPPROVAL CAi1L HACK DA I'E: 2004 ** *REASON FOR I)ISAPPI3OVAI, MUST BE STATED -BELOW" REMARKS: �y % f, f EXT INSPECTOR AFTI +M INSPEC � Off' L CC ENSE>f5� THANK YOU. TPII�S 4pp,slrPZ.rPr REFF,PRAL OIL TH J ) DEPWI'i1' EN l OF E.CONWI f: rELOPMENT, PFRMIT & INSPECTlalal SEItIICfS C&_ A OFFICE OF LICENSES� 313 CITY HALL BUFFALO NY 14202 851 -4078 LICENSE APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR BAKERY ONFECTIONER L3 - RESTAURANT CATERER �OOD STORE � t }F !1 [• 1 F:x RESTAURANT TAKEOUT SAT, FISH & pOULTRY Date Applicant Name Applicant A.ddrress - (No., StrQot) (City, Town or Village) (Stage} (lip} Co- Applicant Name Co- Applicant Address .. (No., Street) t - ' p 1 t ta :�� � 1 { 1( t � L�V'S 1-� 13 u (City, Tow11 or (State) (TIP) r 0 €� Corporation Name /A �P A N A € J0A(C Date Incorporated . Business Name Business Address C (No., Street) (City, Town or Village) (State) Mailing Address (if different than busiz►ess address) (Nn.,,stxeet} (City, Town or Village) (State} Business Phone # Fax 4 Social Security # State Tax ID Nmnber__ - _ -- — -- No. of B;rnployees (zip) (Zip) (Baker & Confectioner only) sabscri e i and swgrn to before me this - U _ ., 20 _�,_ Day of ~�bi�ainissioi�er of Dees #s in and fc�r the City of Brtffalo, New York of Business Certificate_ Aplili cant�3agnature FEEsi RESTAURANT 0 -200 SEATS $174.00 201 -400 SEATS $250.00 401+ 5325.00 RESFAt1RANTTAKEOtir /CATFRrNG $ 88,40 MEAT,FISII & POULTRY (2 YRS.) FOOD STORE 1iAKFRIt`ONF ECr1ONF12 0 -2 EMP1, yEr5 3 -10 $105.00 I1 -25 5157.00 26-50 $315.00 51 -200 $525100 RST appl H 1 (l cv. 1193) Single Page Communication to the Common Council To: The Common Council: Date: December 23, 2008 Prong: Department: epartrrcezat � E cojioznge Devel men Per mit & Inspection Ser vices Division: Office of lice nses. Subject �- Lowe�,Cose C)nly_� Prior Council Reference: (if Any) Ext. (Item No, x.x C .C.P.. xx- xx): Text (Type Sin le [: Restaurant Dance l,icelase (RENEWAL,) [: 1 berry West (Niagara) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises locates{ at 1 Perry West (Rich Renaissance Niagara) for which said renewal application for a Restaurant Dance Class III license is being sought by Rich Renaissance and according to the attached reports from the Fire Department, Police Department and Building Inspections, 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 of Department Head: ` ��e Title: Dep��ty Cc a�aaission IC -Enrz 4 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN I~I ZGERALD APPLICATION FOR: RICH RENAISSANCE NIAGARA LICENSE TYPE: RESTAURANTIDANCE BUSINESS ADDRESS: I FERRY WEST BUSINESS PHONE: (716) 878 -8964 COUNCIL DISTRICT: POLICE DISTRICT: 00 APPLICANT NAME: APPL. PHONE- (000) 000-0006 APPLIC'ATION NIJIYIBER: 512238 REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) DATE: APPROVED DISAPPROVED DATE: DISAPPROVAL CALL RACK .DATE : ** *REASON FOR DISAPPROVAL MUST BF, STATED BELOW *** REMARKS: INSPECTOR —6 RM# f 6' EXT 12a— AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Apj)suPZ.tpf CITY OIL I3UI {FALO OFFICE OF LICENSES 313 CITY !ALIT BUI FALO, NEW YORK 14202 C� INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: P01,10', REFERRED TO: COMMISSIONER OIL POLICI,, APPLICATION FOR: RICCI RENAISSANCE NIAGARA LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: 1 Fl.- RY WEST BUSINESS PIIONE: (716) 578 -8064 COUNCIL DISTRICT`. POLICE DISTRICT: APPLICANT NAME; APPL- PIIONE: APPLICA'T'ION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 00 (000) 000 -0000 512238 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE aNd G DISAPPROVED DATE: REMARKS: olI DISTRICT CAPTAIN: APPROVED DATE: R ENEWED LICENSE 200 DISAPPROVED DATE: REASON FOR DISAPPROVAL mm BE ST`IJD BELOW * REMARKS: COMM. OF POLICE: Deputy Cowna.ss ollQ AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. ApixMP2rin CITY OF BUFFALO OFFICE OF LICENSES 03 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: DIRE PREVI NTION REFERRED TO: L'I' POCLKALSKI APPLICATION FOR: RI.C11 RENAISSANCE NIAGARA LICENSE TYPE: IZESTAURANT /DANCE BUSINESS ADDRESS: I FERRY WI S'I' BUSINESS PHONE: (716) 878 -8964 COUNCIL DISTRICT: POLICE, DISTRICT: 00 APPLICANT NAME; APPL. PIIONE: (000) 000 -0000 APPLICA'T'ION NUMBER: 512238 REFERRAL DAT REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2409 (TO BE COMPLETED Tai Y AGENCYIDEPARTMENT REFERRED TO) APP.ROVEI DATE: DISAPPROVED DATE: DISAPPROVAL CAM, RACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: INSPECTOR v�. r' RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. TIIANK YOU AppWlvz_rpl r 1� Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated Deceinber 23, 2008, be received and filed; and That pursuant to Chapter 150 of the City Code, the Col of Economic Development, Pern7it and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class 1:1.1 License to Rich Renaissance Niagara located at I Ferry West. Passed. 8 'rARrnw TAwp60%ius%voi dli mv%8c 1- 6a.doe *AYE* NO * DAVIS FONT-ANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH _ * [MAJ- 51 * 9 * 0 [213 - 51 [314 - 71 s. #I (Rev. 1193) Sin jc Ljgl Communication to the Co ninon. Council To: The Cornmoza Council: Date: December 23, 2008 Froth: Department: Depa I_a,con Develo erm & Insp Services Division: Office of Licenses Subject L,t, Cas e_Otl.ly-I Prior Council Reference: (If Any) l: xt. (Item No. x xx- ( ',.C.I' ._ xxlx Text (='ype Si.nle��ee,3elw): [: Restaurant Dance License (RENFWAI,) 1: 884 Main (134iot) Pursuant to Chapter ISO of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 884 Main (Roxy's Greenroom) for which said renewal application for a Restaurant Dance Class III license is being sought by Julia Greenwood and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate;. t vent Head: Si rta�turc of Depar � Title: Deputy C innssio r JC:rnrz �• I CITY OF BUFFALO OFFICE OF LICENSES 2 7 I r'I'T V T] A I I / BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER O1 POLICE APPLICATION FOR: RO.XY'S GREENROOM LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE. APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 884 MAIN 882-9293 Fl.- 03 JULIA GREENWOOD 883 -3839 529371 RENEWED LICENSE 2009 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: z L426, /,'- DIS DATE: REMARKS: t� DISTRICT CAPTAIN: I'vi APPROVED DATE: � L DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL M UST RE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OI+FICE OF LICENSES. THANK YOU. ApnSlfp2.rp1 z F, CITY OF BUFFALO OFFICE OF LICENSES 313 CI'T'Y HALL- J BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE, PR13VENTION REFERRED TO: LT POC1KALSKI APPLICATION FOR: ROXY'S GREENROOM LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE!:: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 884 MAIN 882 -9293 Fl, 03 JULIA GREEINWOOD 833 -3839 524371 RENEWED LICENSE 2009 (TO BF COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED '`; DATE: DISAPPROVED DATE: DISAPPROVAL CAI,I, RACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW"' REMARKS: ,�% INSPEC'T'OR , � � �" � RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL. OF THE OFFICE OF LICENSES. THANK YOU. AppVhP2 tpt CITY OF BUFFALO OFFICE; OF LICENSES 313 C1TV HAI.,I, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY 1NS REFERRED TO: KEVIN hITZGERALD APPLICATION TOR: ROXY'S GREI?,NROOM LICENSE TYPE. RESTAURANT /I)ANCE BUSINESS ADDRESS; BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICA`T'ION NUMBER: REFERR DATE: REMARKS: DISAPPROVAL. REASON: 884 MAIN 882 -9293 I?L 03 JULIA GREENWOOD 883 -3839 529371 RENEWED LICENSE 2009 (TO BI?. COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) AI PROVk <D DATE: d SA- PP6)VED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR �, lr� ' � RM# %��` � EXT 1 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. '4ppsrip2.rpi f `t V Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated December 23, 2008, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Pernhit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Julia Greenwood, dlbla Roxy's Greenroom located at 884 Main Street. Passed. 9 TAB:nm TAwp60 \msword\rmv\9c 1- 6a.doc 1.1 V *AYE* NO * DAVIS FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * �` SMITH [-------- - - - - -) [MAJ- 51 * 9 * 0 [213 - 6 [ 314 - 71 ill (Rev. 1193} Si,rj_gt age Connnunicatlon to the Common Council To: The Common Council: Date: December 23, 2008 Prom: Departure nt: Dep of Ec onotriic Dqy_ elop ment - Perm 8z Irts ection Services Division: Off ice of Licenses Subject LOower. Case QWU Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C, xx / /x x): `.Text (Type Si_n lie S }>ace I�elc >cv): [: Restaurant Dance License (RENEWAL) j: 2192 Niagara (North) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2192 Niagara (harbour Place Grille) for which said renewal application 1br a Restaurant Dance Class III license is being sought by Jan►cs Williams and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable lags. This request is submitted for your approval or whatever action you dein appropriate. Si natmre of Department I lead: t , �e Title: Deputy Co Yiissione TC s2�rz CITY OF BUFFALO OFFICE OF LICENSES 31.3 CITY HALL BUFFALO, NEW YORK 14202 4� INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: HARRY'S HARBOUR PLACE GRILLE LICENSE TYPE: RESTAURANT /DANCE RENEWED LICENSE 2009 BUSINESS ADDRESS: 2192 NIAGARA BUSINESS PHONE: (7 16) 874 -5400 COUNCIL, DISTRICT: NO POLICE: DISTRICT: 00 APPLICANT NAME. JAMES WILLIAMS APPL. PHONE: (716) 773 -9030 APPLICATION NUMBER: 209008 REFERRAL DATE: 08/18/2008 REMARKS: DISAPPROVAL REASON: tot 1 o3�26( (TO BE COMPLETED BY AGENCYIDEPARTMFNT REFERRED TO) APPROVED DATE: q G f ('� DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED TE: DISAPPROVED DATE: *K "REASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS: F � COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE±, OF LICENSES 313 CITY II n ILI - BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPER'T'Y INS REFERRED TO: KEVIN I?ITZGP:RALD APPLICATION FOR: HARRY'S HARBOUR PLACE GRILLE LICENSE TYPE: RESTAURANT /DANCE, RENEWED LICENSE 2009 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER. R.EI+ERRA1, DATE: REMARKS: DISAPPROVAL REASON: 2192 NIAGARA (716) 874 -5400 NO 00 1AMI -,S WILLIAMS (716) 773 -9030 209008 08/18/2008 (TO BE COMPLETED BY AGENCYIDEPARTM.ENT REFERRED TO) APPROVED �` DATE: Zz -- DISH PROVED DATE: DISAPPROVAL CAI.I, BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR J �� .- �%���� � � ItM# � EXT i AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERItAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrp2rpr CITY OF BUFFALO OFFICE OF LICENSES 71'3 !'�11"Y I.7 A L 7 J.LJ �,Y I, YYSa� BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT POCZKALSKI APPLICATION FOR: HARRY'S HARBOUR. PLACE GIRILLE LICENSE TYPE: RESTAURANT/DANCE RENFWED IjCFNSE 2009 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APP L ICANT NAME: APPL. PHONY:: APPLICATION NUMBER REFERRAL DATE- REMARKS: DISAPPROVAL REASON: 2192 NIAGARA (716) 874 -5400 No 00 JAM FS W11.11AMS (716) 773 -9030 209008 08/18/2008 ('TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL LACK " *REASON FOR REMARKS: DATE: VAL M f ST BE STATED BELOW ** INSPECTOR RM.9 —� �— E XT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSh ?.rpr , n 1 q 19 Mr. Fontana moved: That the above communication from the Department of Economic Development, 1 and Inspections Services, dated December 23, 2008, be received and fled, and That pursuant to Chapter 150 of the City Code, the Commissioner of Econon-ie Development, Permit and Inspections Services be, and lie hereby is authorized to renew a Restaurant Dancing Class III License to James Williams dlbla Harbour Place Grille located at 2192 Niagara. Passed. 10 TAS:rmv TANvp6Ulinswor&niivl1 oc I - 6a.doc *A?/E*NO DAVIS * * _ * * * * FONTANA * * * * * * FRANCZYK * * _ * GOLOMBEK w * _ * * * * KEARNS * * _ * * * * LOCURTO * * _ * * * * RIVERA * * * RUSSELL * * * * * * SMITH * * * * * * |---------- * * * ^ * * [1���- � l � � � ' ' _ _ _ (2/3 - 6} * * * [3/4 - 71 ##I (Rev. 1193) j � Yle Page Communication to t c Cor>3ixion Council To: The Common Council: Date: December 23, 2008 From: Department: De-P- tcezit_ of Ecozjo Develo ment Permit & lns�e Sez'vi Division: Ml ce olLicenses Subject [ LOwgI_(_ZSe ().nlyJ Prior Council Reference: (If Any) Ex t. {lten Nom. x xx, C. G.I'xxlxxlxx): Text (Tye,Sitz lepace.,l3elow): [: Restaurant Dance License (RENEWAL) [: 2 "Templeton (I r [. t� Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into tine premises located at 2 `i'eznpleton (Shanghai Reds) for which said renewal application for a Restaurant Datzce Class III license is being sought by John Talliclzet and according to the attached reports from the hire Department, Police Department and Building Inspections, I find it complies with all regUlatioaras and other applicable laws. This request is submitted for your approval of whatever action you deem appropriate. Sjy D of Department I lead: JC:anrz Tie 'fitle: Deputy Commissioner CITY OF BUFFALO OFFICE OF LICENSES 31.3 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REO UEST AGENCY / DEPARTMENT: F1RE PREVENTION REFF,RRED TO: LT. POCLKAI_,SKI APPLICATION FOR: SHANGIIAI MIM'S LTCENSE'T'YPE: RE,STAURANTIDANCE BUSINESS ADDRESS: BUSINESS )PHONE: COUNCII, DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATF: REMARKS: DISAPPROVAL REASON: 2 '1'3?MPf,E'I'ON 852 -7337 1"I 00 3011)\1' `hALLICIII'l' 714 -2796 539113 RENEWED LICENSE 2009 (I'O RE COMPLE'T'ED BY AGENCYIDEPARTMENT REFERRFD TO) � AI'I'ROVEI) DATE- DISAPPROVE D DATE: DISAPPROVAL DATE CALL BACK * KRLASON FOR DISAPPROVAL MUST BE STATED - BELOW k REMARKS: INSPECTOR IzM# - EXT AFTER INSPECTION PLEASE COMPLETE AND RFTIIRN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2,rpr CITY Ole BUFFALO OFFICE OF LICENSES 313 C(TV HALL BUFFALO, NEW YORK 1.4202 INSPEC`I'IONIAPPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS RE ERRED TO: KEVIN FI` Z(; RALD APPLICA'T'ION FOR: SIIANGHAI RED'S LICENSE TYPE: 1U,,STAURAN'T /T)ANCF BUSINESS ADDRESS: I31JSINESS PIIONI? COUNCIL. DISTRICT: POLICE DISTRICT: APPLICANT NAME: AP)'I<_ PHONE APPLICATION NUMBER: REFERRAL DATE: Ii MARKS DISAPPROVAL, REASON: 2 TIM1'LETON 852 -7337 F1 00 JOHN TALI-1041 714 -279( 538113 RENEWED LICENSE 2049 (TO BE coMPLsETED BY AGENCYIDEPAIU1 ENT RE.Ii ERRM) TO) �APPROVEI> DATE: -- - � -' L)7SA'PROVI +,I) ILATI: DISAPPROVAL CAIA, BAC'K DATE: - k1 1 *REASON FOR DISAPPIt OVA L )1'II)S'T' BE STATED BELOW"* REMARKS: INSPECTOR p. RM# EXT f AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4pp.31ip2.rjA CITY OF BUFFALO OFFICE, OF LICENSES 313 CITE,' MALL � BUFFALO, NEW 'CORK 14202 INSPECTION /APPROVAL. REQUEST AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF P01:,ICIi APPLICATION FOR: SHANGHAI IiEl)'S LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER REFERRAL DAT & REMARKS: DISAPPROVAL .REASON: 2 TEMMETON 852 -7337 F1 00 JOI IN TALLIC141-T 714 -2796 538113 RENEWED LICENSE 2009 (TO BE COMPLETED BY AGENCY /DF;I'ARTMENT REFERRED TO) APPROVED DATE: Aldll DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DATE: DATE: DISAPPROVED BATE: kxn REASON FOR DCgAPPROVAI� �NV,tfST I3E SI'ATED IiELOW " *' REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. 'THANK YOU. .4pp8hp2.ryt Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated December 23, 2008, be received and filed; and That Pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class 1H License to John Tallichet dlbla Shanghai Reds located at 2 Templeton. Passed. 1 1. Tae:raw 'r:lwpfoit,,gword\rmv1I [ c I - 6a.dcc *AYE* NO * DAVIS * FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [MAJ- 5] * 9 * 0 [213 - 6] [314 - 71 r� a max= #'l (Rev. 1193) Sitr le Page Comintmication to the Coinm.on Council r�! To: The Common Council: Date: December 23, 2008 From: Department: Del milmen of E D ev elop ment Pe rmit & In�syec ttiio:n Services Division: Offi of Licenses Subject: Sidewalk Cafe License _ 42 Chippewa West (Ellicott) Ty_ in_U ape_ r and : f Lower Las Only � [� Prior Council Reference: (If Any) [: E.xt. (Itc m No. xx x— (7,C . x xlxx /xx): Text (fl =ype Single S �tce 11eI( w 'rhe Common Council approved a sidewalk cafe for the restaurant located at 42 Chippewa West. The restaurant, formerly known as Bradford Grill is Crow owned by Jose Antonio Palma Jr. (Omega Lounge). Mr. Palma has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided it] conditions in the above mentioned approval are met. REFERR TO THE COMMITTE E N LEGISLATiON. AND CITY PLANNING BOARD TyLV Department Head Name: JAM E'S COMER.FORD 'hype Title: DEPUTY TY COMM.ISMONER S4, atne of Department Ilead: S RM T -Inrz C', 1 `t �� cam. 1�� ° -�., � �- '),0 - �CK y. OFFICE OF LICENSES 313 CITY HALL BUFFALO, NY 14 .20 Phone # (716) 851 -4078 9 Fax (7�b) 8s1 -49sF Date �r _�� 20 V ApplicatrtTfarne �'P � .D/B /A Q - C-�sc� Location of Business SIDEWALK CAFE APPLICATION Street f , Zip Code _�� Business Phone Hume Phone _ Dimensions of Cafe J, X �° 9 Number of Tables Number of Chairs Briefly describe in what manner the Cafe boundaries will be installed (i.e. wooden deck with railings, wrought iron railings, flower boxes with rope attached). Note: The Cafe ma not be errr�anenti affixed to the Main Buiidin or Public Sidewalk. LG WA Below please provide a drawing of the proposed Cafe showing the existing building, the area to be occupied by said Cafe, and the area of public sidewalk remaining for pedestrian passage (use reverse side if more space is needed). N ote: A rn.inimum of fpur feet of uninterra ted ublic sidevralk M[TST exist after' installation of Cafe Av � - � Applicant Si m Owner of Buiilding Signature if different than applicant Pp FIVE COPIES OF YOUR SURVEY MUST BE INCLUDED WITH APPLICATION sweappi 41 (Rev. '1/93) Sifgjc Com[nunication to the Common Council To: The Common Council: Date: December 29, 2008 From: Department of Economic Development, Perinit & Inspection Services Division: Office of Licenses Tye i n 1. er and Lower Case Q RIYJ Subject: [: Used Car Dealer 1: 534 colvin (Delaware) Prior Council Reference: (If Any) [: Ext. (Iter No. xxx,C.C xx /x x /xx): Text (Type Sinl le_Sp�c e Below PUSUant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 534 Calvin and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the 'Zoning Office, Tire Department and Building Inspections, 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 Sava R.izek. The attached thereto for Sana R.izek dba/ Ilyde Park Blvd Inc /dba Colvin Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD 'r' c Title: D "PUT COMMISSIONER r'�' Sjggtgture of Department Head: _ —WA - ccav JC:PS:jad Interdepartmental Memo Date. December 29, 2008 To. James Comerford, Deputy Commissioner From: Patrick Sole Jr., Supervisor of L icenses RE; Common Council Communication Used Car Dealer at 534 Calvin. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Used Car Dealer application to the Common. Council: Zoning Office Fire Prevention 1.3uilding Inspection Police Department Police Record Check Application �f 0 w f { . Supervisor of ,icenscs Dat CITY OF BUFFALO OFFICE, OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: J JRE PREVENTION REFERRED TO: LT. POCZKA.LSKI . 7•�: APPLICATION FOR: HYDE PARK 'B1,VD INCIDBA COLVIN AUTO SALES LICENSE TYPE: USED CAR DLAIT.R BUSINESS ADDRESS: 534 COLVIN BUSINESS PHONE: (71 570 - 2075 COUNCIL DISTRICT: 1)k: POLICE DISTRICT: 00 APPLICANT NAME: SANA WZEK APPL. PHONE: (716) 570 -2075 APPLICATION NtJMBFR: 552645 REFERRAL DATE: 10/28/2008 REMARKS: DISAPPROVAL REASON: NEW LICENSI? 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT RI <,I <ERItED TO) MAX. NO.OF VEHICLES ALLOWED .- APPI2OVEI) -) DATE: 2 " 2 DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: *"REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR � -�. � �-,.,• �--� ItM# ? 1 F'XT c l� AF'T'ER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4jji8hj)2.rpt CITY OF 131JFFALO OFFICE OF LICENSES 3I CITY HALL IiU tTALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: I IOUSING PROPE10'Y INS REFERRED TO: KEVIN Ff f'Z('IERALD JJ APPLICATION FOR: 1 -IYDE PARK 13L,VD INCA LICENSF'TYPE: USED CAR DF,AIA'R BUSINESS ADDRESS: 534 COLVIN BUSINESS PHONE: (716) 570 -2075 COUNCIL DISTRICT: DI POLICE DISTRICT: 00 APPLICANT NAME: SANA. RIZEK APPL. PHONE: (716) 570 -2075 APPLICATION NUMBER: 552645 REFERRAL DATE: 10 /28 /2005 REMARKS: DISAPPROVAL, REASON: NEW LICENSE 2009 (TO BE COMPLETED TED BY AGENCY" /AEPAR'I'MENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE 1 1' r I� OVED DATE: DISAPPROVAL CALL BACK DATE: ** "REASON FOR DISAPPROVAL .MUST BE STATED T3ELOW *** REMARKS: INSPECTOR RM4 EX`T' AFTER INSPEC'T'ION PLEASE COMPLETE AND RE'CURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShjj2.rpt CITY OF BUFFALO OI +FICE OF LICENSES 313 CI'T'Y HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OI ZONING & USF REFERRED TO: Kt: VIN FITZGFRAI:D APPLICATION FOR: HYDE ]'ARK BLVD INC; LICENSE TYPE: USED CAR DEALER NEW LICENSE BUSINESS ADDRESS: 534 COLVIN BUSINESS PHONE,: (716) 570 -2075 COUNCIL DISTRICT: DF. POLICE? DISTRICT: 00 APPLICANT NAME: SANA R.17,1;K APPL. PHONE: (716) 570 -2075 APPLICATION NUMBER: 552645 REFERRAL DATE: 10/28/2008 RE MARKS: DISAPPROVAL REASON: (To BE COMPLETED BY AGENCY /DE.PARTMENI' RUERRED TO) MAX. NO.OF VEHICLES ALLOWED C APPROVED j DATE DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK x* *REASON FOR DISAPPROVAL MUST BE STATE BELOW' REMARKS: 2009 INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppVip2rnr 12-- 08 -'08 10:15 FROM ♦.rya. a �u ervxa�a,c.�rr OFFICE OF LICENSES 313 CITY HALL BUFFALO, THEW YORK 14202 ' INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: HYDE PARK BLVD INC/DBA COLVIN AUTO SALES LICENSE TYPE: USEL) CAR DEALER NEW LICENSE f HUSI ESS ADDRESS: 534 COLVIN RUSINESS PHONE:. (716) 570 -2975 COUNCIL DISTRICT: DE POLICE DISTRICT: Oil APPLICANT NAME: SANA RIZER APPL, PHONE: (716) 574 -2475 "PLICATION NUMAER: 552645 REFERRAL DATE. 10/28/2008 DISAPPROVAL REASON: (TO BE COMPLETED B)' AGENC''!''/DE1PA RTME3elT RZFERKED TO) APPROVED DATE: DISAPPROVED DATE: DISTRICT CAPTAIN: APPROVED DISAPPROVED 1 — qI6 rv+vua� ioriy L - - e.alj 2009 DATE: DATE: w ***REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** COMM. OF POLICE: AFTER. INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. ° I-1!ANIC YOU. AMSlipZrpt } P- 14 (Revised 3196) TO BE MAILS D TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM 699 MUS NOT send cash There is a $10.00 fee to process this data. By mail, payment o b a h dChe Checks are not accept Make money through the mail. Izi person, payment can be made by money oxde orders payable to the Buffalo Police Department. Be s ure to include a stamped, self-addressed en velope so that this information c �Notary�Public (ox) C f information listed below and have your identification and signature total c a nce to these instructions, you WILL NOT by Heeds, as listed on the bottom of this application. Without receive the requested information. ALL SIGNATURES MUST BE ORIGINAI /MAIDEN NAME — NAME OF APPLICANT. SEX RACE 7�/ z A/ , f !,`` P, CURRENT ADDRESS: / DATE OF BIRTH: SOCIAL SECURITY #: , REASON FOR REQUEST: �e SIGNATURE OF APPLICANT 'y _._ - � z�— DATE ' State of New York ) . County of £ ' S City of •ire' On the �,� day of , -4� ,before me personally SRw4 � to me knovcm to be the same person described in, and appeared MARY E. MAJ who executed the foregoing instrument and. acknowledged the execution thereof. Notary Pub0c, State : ot New York Reg #WKIA44 Qualified in Wga*t0U1)ty " r i sion xpireS�pW 30, 2 Not a tc /Commi s' ner ,,,,,,,,,,,, „......,TO BE COMPLETED BY IIENTIFICATION SECTION PERS ©NNE .......... .... ..............:..............., CIE ? . RECORD 'A I TA VERIFIED BY NO RECORD ON FILE / DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON MF F IDENTIFICATION. DO NOT RETAIN AFTER CO DAYS FROM DA'Z'E VERIFIED. NOT VALID UNTIL ST UOL,AYeI.[V.DoG OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 � * 51 1 LICENSE LICENSE APPLICATION { APPLICATION MUST BE COMPLETED IN FULL �'�� PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS Y . , �II.L+ASF. CHECK LICENSE CATEGORY APPLYING FOR) r _ - • { c? r ! 1 - 9. SED CAR ]DEALER--' SECONDftAND DEALER _ -SCRAP PROCESSOR "` PAW _ .A,RAOR E WHOLESALE JUNK NBROKER FLEA MARKET (NO. OF "VENDORS. ) O tPPLICANT NAME 5 — APPLICANT' HOME PHONE, �:� / 4� `sal p � � .ri�.����`,�t�� �=�� �� � .�` • � �.� �`� APPLICANT ADDRESS _ — ����) (L1Y) (NO „S"i'RE.6T) (CITYlfOWI'1 OR VILLAGFi ( CO- APPLICANT NAME _ � —_ — CO- APPLICANT HOMF PRONE CO- APPLICANT ADDRESS -_—_ - �� (NO.,STRFE'I') (CITY, TOWN ORVILI.AGL+) (STATE) (ZIP) g � L:.Y CORPORATION NAME 1'i t i b / � DATE INCORPORATED $USINESS NAME r✓ 4 — — - BUSINESS ADDRESS tj � �• f � ` � ” � � � =`' BUSINESS PHONE .� FAX# �� APPLICANT HOME PHONE . I -- STATE TAX ID NUMBER__ —� DATE OF BIRTH PLACE OF BIRTH! -�L -- ARE YOU A U.S. CITIZE HAVE YOU EVER BEEN CONVICTED OF A CRIriIET � IF, SO STATE WHEN, WHERE, NATURE OF OFFENSE AND DISPOSITION LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) a ! vw (NAME) (ADRII (P[AM1SE) (ADAk�SS) {NAME3� ( ADDRRSS} (NAME) (ADDRESS) (ADDILSSS) .. .._ (NAME) — � (ADDM - fiS) (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO BE CHARGED pp lean 8ignal"re Subscribed it s on_ to before Ine this Day of _..._. Connnissi r of eeds err and r e ARY MAJ ac o Buffalo, New York Notary PUNC, State Of New York Reg #91 MA4966121 Qualified in Niagara COUnty n x Tres A ril 3() MID NON '6�`��A�3L� APPLICATION FEE Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit acid Inspections Services dated December 29, 2008, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Sana Rizek, Hyde Park Blvd hoc. /d/b /a Colvin Auto Sales located. at 534 Colvin Avenue, Passed. 13 TAS:rniv r:hvpWmswordlrnrvll3e 1 - 6a.doc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL ,SMITH [ MAJ - 51 * 9 * 0 [213 _ 6 [314 - 7] FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING Jan 6, 2009 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 15, 2008 FROM: DEPARTMENT: Division for Youth 1 Community Services SUBJECT: [ :Acceptance of Grant Award - Total Cost $20,300.00 [:Contract Number T522243 [:Buffalo Youth Court PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) The Department of Community Services, Division for Youth was awarded a grant from the New York Division of Criminal Justice Services to continue the Youth Court program for juveniles who commit minor, non - violent offenses, operated by trained youth court officers who will determine appropriate and meaningful sanctions. The contract period is from: 01/01/2009 - 12/31/2009 Total Projected Costs: $20,300.00 Grant Funds: $18,270.00 Matching Funds: $ 2,030.00 Please approve the acceptance of this grant award. SIGNATURE� DEPARTMENT HEAD TITLE Conn issioner 1 Project Contract Page 1 of 1 Contract Juvenile Accountability Block Grant Project No. Grantee Name JB08- 1017 -E00 Buffalo, City of 12/12/2008 Contract Number T522243 Project Status Executed Contract Start Date 01/0112009 48 Month Date Contract Ending Date 12/31/2009 Contract $ 18,270.00 90.00% Contract Period Years 1 Months 0 Matching $ 2,030.00 10.00% Total $20,300.00 Program Representative Kennedy, Roger Stop Payment Date Stop Payment Resinded Date Contract Comments Award Contract Page 1. of 23 STATE AGENCY NYS CO MPTROLLER'S . _NUMBER: T522243 New York State Division of Criminal Justice Services (Contract Number) 4 Tower Place Albany, NY 12203 QRGINATING_ AGENCY -CODE: 01490 GRANTEE/CONTRACTOR: (Name & Address) Buffalo, City of TYPE OF PROGRAMS:. Juvenile Accountability Block Grant - - - -- -- _ 65 Niagara Square .........._. U RS DCJS NUMBERS: JB07522243 ___ _ -- Room 201 _. __ Buffalo, NY 14202 INITIAL PERIOD: F TAX,IDENTIFICATI NO : 16-6002533 .CONTRACT FROM 01101!2009 TO 12/31/2009 MUNIC IPALITY NQ : applicable) 140207000 000 F AMOUNT FRO INI TIAL $18,270.00 STATUS: Contractor is not a sectarian entry. MLfLT1 -YEAR TERM: (if applicable): 0 1 -year renewal options. Contractor is not a not - for - profit organization. APPENDIX ATTACHED AND PART OF THIS_AGRE ,.X..APPENDIX A Slandard Clauses required by the Attorney General for all State contacts — CHARITIES- REGIST4ZATION NJ I I M R r R - _X_APPFND1XA1 Agency- specifie Clauses X APPENDIX B Budget (Enter number of Exempt) x- APPENDIXC Payment and RepodingSchedule if "Exempt" is entered above, reason for exemption. X D Program Mf9plan APPENDIxF Gutmines forfhe control and Ilse aconfoennal Funds _ APPENDIX G Procedural Guidelines for the Control or Sun,wranee Equipment Contractor has has not _ timely APPENDIX X Mudificalian Agreement Form (fo &cuumpany modified appendices filed with the Attorney Generap sChanties farcftangesinlemr or considerations on an existing pudodor for renozfPeriods) Bureau all required periodic or annual written reports. DCJ5 -55 Budgal Amand enUGrant F�densiml Requasl -Other (Identify) IN WITNESS THEREOF, the parties hereto have electronically executed or approved this AGREEMENT on the dates their signatures. NYS DIVISION OF CRIMINAL JUSTICE SERVICES BY: Anne Marie Strano , Director Date: 081021200$ Office of Program Development and Funding State_Agency. Cert ficationi "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract". GRANTEE: BY: Hon. Byron W. Brown , Mayor Date: 08101/2008 APPROVED, ATTORNEY GENERAL'S SIGNATURE 3homas P. DiNapali, State Comptroller Title: Title: Date: Date: Award Contract Page 2 of 23 Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB08- 1017 -E00 Buffalo, City of 12/12/2008 AGREEMENT STATE OF NEW YORK AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: I Conditions. of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X) Amendment. Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix amendment for that PERIOD. C. This AGREEMENT incorporates the face page attached as presented in the Grants Management System (GMS) AWARD online printable report, and all of the marked appendices identified on the face page hereof. D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used) GMS Amendment. Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT. To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s) create and amendment to the GMS record. Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix A -1. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT. If. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. Ill. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. Award Contract Page 3 of 23 B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix A -1. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents andlor injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim d emand, or applica to or for any right based upon any different status. V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix A -1_ VI Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of the laws and regulations, or specified in Appendix A -1. Certifi - Byron Brown on 08/01/2008 Award Contract Page 4 of 23 Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB08- 1017 -E00 Buffalo, City of 12/12/2008 APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, 'the contract' or'this contract') agree to be bound by the following clauses which are hereby made a part of the contract (the word 'Contractor' herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON- ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or e theF I se disposer- of withou the nravini�c c onsent—in- writi O f th e State an d..any attempts to aS51gn - - _ contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N,Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.x), 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON - DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier.status, or marital status. Furthermore, in accordance with Section 220 -e of the Labor Law, if this is a contract 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 the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or`permitt€�d to work more than the number of hours or days stated. in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement Award Contract Page 5 of 23 schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON - COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) busin days of such conviction determ or di sposi tion of appeal (2NYCRR 105.4). 9. SET -OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set -off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10, RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, 'the Records'). The Records must be kept for the balance of the calendar year in which they were made and for six. (0) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the 'Statute') provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. A11 invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax.returns or may have understated their tax liabilities and to generally identify persons 11 affected by'the:taXes administered by the Commissioner of Taxation and Finance: The information will be used Award Contract Page b of 23 for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opp without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination an ratesbftpa r y o� other forms compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. ..... Contractor will include the provisions of 'a', 'b', and 'c' above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property an _ improvements thereon (the 'Work') except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A. the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17_ SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ('CPLR'), Contractor hereby consents taservice of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of processor upon the Award Contract Page 7 of 23 State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS, The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law'165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in '165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in ofth6rn fre an , or .malt take good faith to candact - -- - _ operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7th Floor Albany, New York 12245 Telephone: 518 -292 -5220 Fax: 518 - 292 -5884 http:llwww. empire. state. ny. us A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518- 292 -5250 Fax: 518 - 292 -5803 http: / /www.empire.state.ny. us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the f=ederal Equal Opportunity Act of 1972 (P.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain. offset credits from foreign countries as a result ofthis contractand agrees to.cooperate with the State in.these efforts.:.. Award Contract Page 8 of 23 r , 21, RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APPAREL. in accordance with State Finance Law 162 (4 -a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. All Certified Assurances for federal programs, and DCJS Contract Appendices are also available online for download at http:l lcriminaljustice .state.ny.us /ofpa /forms.htm. (rev)June, 2006 Cprtified_by - Byron Brown on 08/01/2008 Award Contract Page 9 of 23 Award Con tract Juvenile Accountability Block Grant Project No. Grantee Name J808- 1017 -E00 Buffalo, City of 12/12/2008 APPENDIX Al AGENCY - SPECIFIC CLAUSES 1. For grant solicitations or direct grant awards announced before April 10, 2006, if this Agreement exceeds $15,000, it shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $15,000 or less, it shall not take effect until it is executed by both parties. For grant solicitations or direct grant awards announced on or after April 10, 2006, if this Agreement exceeds $50,000, it shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $50,000 or less, it shall not take effect until it is executed by both parties. 2. This Agreement sets forth the entire understanding of the parties and may not be altered or amended except in writing and signed by the parties hereto. The parties agree, however, that DCJS may unilaterally amend only —_the_ bilo- acing-aectioa . of the_Budget Amendment/Grant Extension form (D to insure accu racy and completeness: identification of Federal Funds or State Funds; #1 Grantee Name, #2 County; #3 Contract o.; Implementing Agency; #5 DCJS No,; #7 Project Title; #9 Date of Last Approved Request; #10 Contract Duration; and A. Approved Project Budget. DCJS shall initial such amendment(s) and shall provide Grantee with a copy of the corrected DCJS -55 that was unilaterally amended by DCJS. 3. The failure of a party to enforce a contractual obligation shall not eliminate the other party's obligation to perform such contractual obligation. 4. In the event that any provision of this Agreement is determined to be null and void, all remaining provisions shall continue to be in full force and effect. 5. The Grantee must notify DCJS in writing of any change in the number, title, job duties or rate of remuneration of project staff which changes the Personal "Service Project budget line by 10 percent or under. Any change in the number, title, job duties or rate of remuneration of project staff which changes the Project Budget line more than 10 percent must be approved in writing by DCJS prior to implementation. The Grantee agrees to provide DCJS with resumes and supporting documentation upon request. 6. The Grantee shall submit detailed itemization forms for personal service and fringe benefit expenditures, in a format determined by DCJS, with any voucher and Fiscal Cost Reports requesting payment for expenditures. 7. The Grantee must maintain specific documentation as support for project related personal service expenditures, depending upon whether this grant contract project is supported by State or Federal funds: A. For State funded grants: For all Grantee's staff whose salaries are paid in whole or in part from grant funds provided under this Agreement, the Grantee shall maintain a time recording system which shows the time devoted to the grant project. The system shall consist of time sheets, computerized workload distribution reports, or equivalent systems. The time devoted to grant activities must be determinable and verifiable by DCJS. If time sheets are used, each must be signed by the individual and certified by the individual's supervisor in a higher level position at the end of each time reporting period. B. For Federally funded grants: Depending upon the nature or extent of personal service provided under this Agreement, the Grantee shall maintain semi - annual (or more frequent) personal service certifications and/or an after -the -fact personnel activity reporting system (or equivalent) which complies with the requirements of the Federal Office of Management and Budget (OMB) Circulars A -21, A -87 or A -122, as applicable: 1. OMB Circular A -21 [Item J, General provisions for selected items of cost] identifies documentation required for edUdi itional institutions as support for grant project personnel costs. A cxrard Copttrart Page 10 of 23 ' 2. OMB Circular A -87 [Attachment B, Selected Items of Cost] identifies the documentation required for local government agencies as support for grant project personnel costs. 3. OMB Circular A -122 [Attachment B, Selected Items of Cost] identifies the documentation required for non- profit organizations as support for grant project personnel costs. The most current version of these Federal OMB Circulars may be viewed on -line at: www.whitehouse.gov /omb /circulars. The Grantee is to ensure full compliance with specific personal service documentation requirements of these OMB Circulars as applicable directly to the Grant recipient and to any sub - recipient (or collaborative agency /organization). Failure to do so may result in disallowance of costs upon audit. 8. Budget amendments are governed as follows: A. The Grantee is not permitted to reallocate funds between Personal Service and Non - Personal Service budget categories without the prior written permission of DCJS. B. A Gr seeking to modify N on - P ersonal Service budget categories by more than 20 percent of the total funds budgeted in a category must secure the prior written permission ofUC7S A DCJS1? set it�g forth ttre�J ..__..__._. . proposed amendment must be submitted to and approved by DCJS before the next voucher and/or fiscal cost report will be approved. C. Prior approval by DCJS is not required for Non - Personal Service budget changes which are less than 20 percent. A DCJS -55 and a letter signed by the Chief Executive Officer or Fiscal Officer authorizing these changes must be submitted to DCJS with the next voucher or fiscal cost report submission. 9. Space rental provided by this Agreement must be supported by a written lease, maintained on file and made available by the Grantee upon request. 10. The Grantee's request for travel, meals or lodging reimbursement shall be in accordance with Appendix B, Budget, arid, unless prior written authorization has been received from DCJS, shall -not exceed rates authorize by the NYS Office of the State Comptroller. 11. The Grantee's employment of a consultant must be supported by a written agreement executed by the Grantee and the consultant. A consultant is defined as an individual or organization hired by the Grantee for the stated purpose of accomplishing a specific task relative to the funded project. A copy of the agreement must be submitted to DCJS with the appropriate voucher for payment. All consultant services must be obtained in a manner that provides for fair and open competition. The Grantee shall retain copies of all solicitations seeking a consultant, written agreements and documentation justifying the cost and selection of the consultant. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of the consultant as if it were its own. A. The rate for a consultant should not exceed $450 for an eight -hour day (not including travel and subsistence costs). A rate exceeding $450 per eight -hour day requires prior written approval from DCJS and may be approved on a case -by -case basis where adequate justification is provided and expenses are reasonable and allowable. B. In addition to the above requirements, a Grantee that is a local government or a not - for - profit must adhere to the following guidelines at a minimum when obtaining consultant services: 1. Consultant services that cost up to $999 under this grant agreement can be obtained at the Grantee's discretion. 2. Consultant services that cost between $1,000 and $4,999 under this grant agreement must be supported by at least three telephone quotes and a record created of such quotes. nt agreement roust be suppo 3. Consultant services that cost between $5 and.$9,999 under.this grarted by at least three written quotes on a vendor's stationery and a record created of competitive; procurement process Aw ard /�.....,L... t [- *Vy7�� �..11iA Ll Ut+E Page I I of 23 utilized. 4. A Grantee obtaining consultant services that cost in excess of $10,000 must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; seated bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. C. A Grantee who proposes to obtain consultant services from a particular vendor without competitive bidding, must obtain the prior written approval of DCJS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and basis upon which the price was determined to be reasonable. Further, such consultant services must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of DCJS' approval must also be submitted with the voucher for payment. D. Notwithstanding the provisions of this paragraph, the Parties agree that DCJS' prior written approval is not required for the employment of a consultant when such employment is secured in relationship to a criminal matter as an expert witness, consultant or investigator. The Parties agree that the employment shall be suono by a writt agreement and that all requests for reimbu rsement shall be supported by documentation identifying the criminal matter involved, services provided, time com mime n and sclleeuleucgmt a� documentation shall be submitted to DCJS with the appropriate voucher for payment. 12. All procurements, other than consultant services, shall be conducted in the following manner. Written justification and documentation for all procurements must be maintained on file and made available upon request. Detailed itemization forms for non - personal service expenditures, in a format determined by DCJS, shall accompany each vouc in accordance w ith t pre-determined p ayment All p rocurements for evaluating and open manner a evalluating bids (e.g., lowest responsive bidder or best value). A) A Grantee that is a state entity must make all procurements in accordance with State Finance Law Article 11, and any other applicable regulations. B) A Grantee that is a local government must make procurements in accordance with General Municipal Law Article 5 -A and any other applicable regulations. C) In addition, a Grantee that is a not - for - profit must also make all procurements as noted below: 1. If the Grantee is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made immediately. 2. A Grantee may purchase any single piece of equipment, single service or multiples of each that cost up to $999 at its discretion. 3. Before purchasing a ny 999, p of Grantee must serv or least three aggrega between $1,000 and $4, e telephone quotes and create a record for 99 , audit of such quotes. 4. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $5,000 and $9,999, the Grantee must secure at least three written quotes on a vendor's stationery and maintain a record of the competitive procurement process for audit purposes. 5. A Grantee spending in aggregate of $10,000 and above must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. 6. A rarttee`vrho prriPoses to purchase from a particular vendor without competitive bidding must obtain the Award Contract page 12 of 23 ;f prior written approval of DCJS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and the basis upon which the price was determined to be reasonable. Further, such procurement must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of DCJS' approval must also be submitted with the voucher for payment. 13. Applicable equipment purchased with funds provided by this Agreement as listed in Appendix B, Budget, shall be assigned a unique inventory number. The Grantee shall list all applicable equipment purchased with such funds in the GMS Property Module and print and submit such reports to DCJS /BJF program representatives with the final program progress report or sooner. Alternatively, the Grantee may use the Equipment Inventory reports prescribed by DCJS to list equipment purchases and submit them to DCJS via postal service. Items of equipment costing less than $500 do not need to be reported on the Equipment Inventory Reports although the Grantee is encouraged to maintain an internal inventory for audit purposes. Upon completion of all contractual requirements by the Grantee, DCJS will consider a request for continued use and possession of the equipment purchased with grant funds provided the equipment continues to be used in conducting a criminal justice program. 14. Grant funds may be expended only for purposes and activities set forth in this Agreement. Accordingly, the most important single requirement of accounting for this grant is the complete and accurate documentation of grant expe nditure s. If th Grantee receives f unding from two or more sources, all necessary steps must be taken to ensure that grant - related transactions are not commin�T is includes, u no llrriit establishment of unique budget codes, a separate cost center, or a separate chart of accounts. Expenditures must be cross - referenced to supporting source documents (purchase orders, contracts, real estate leases, invoices, vouchers, timesheets, mileage logs, etc,). Grantee agrees it shall maintain adequate internal controls and adhere to Generally Accepted Accounting Principles for Government or Generally Accepted Accounting Principles for Nat- for - Profit Organizations. This Agreement may be subject to a fiscal audit by DCJS to ascertain financial compliance with Federal and/or State laws, regulations, and guidelines applicable to this Agreement. Such audits may include review of the Grantee's accounting, financial, and reporting practices to determine compliance with the Agreement and reporting requirements; maintenance of accurate and reliable original accounting records in accordance with governmental accounting standards as well as generally accepted accounting principles; and specific compliance With - allowable cost and expenditure documentation standards prescribed by applicable Federal, State, and DCJS guidelines. 15. Where advance payments are approved by DCJS, the Grantee agrees to expend the advance payments in accordance with the purposes set forth in Appendix D (Special Conditions) and consistent with Appendix B (Budget). 16. DCJS reserves the right to suspend program funds if the Grantee is found to be in noncompliance with the provisions of this Agreement or other grant agreements between the Grantee and DCJS or, if the Grantee or principals of the Grantee are under investigation by a New York State or local law enforcement agency for noncompliance with State or Federal laws or regulatory provisions or, if in DCJS' judgment, the services provided by the Grantee under the Agreement are unsatisfactory or untimely. DCJS shall provide the Grantee with written notice of noncompliance. Upon the Grantee's failure to correct or comply with the written notice by DCJS, DCJS reserves the right to terminate this Agreement, recoup funds and recover any assets purchased with the proceeds of this Agreement. DCJS reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon issuance of a final audit report and appropriate notification to the Grantee, or upon reasonable assurance that the Grantee is not in compliance with Agreement terms. 17. The Grantee agrees, as a material condition of the Agreement, to comply with all applicable provisions of the Hatch Act (5 U.S.C. 1501 et seq.) as amended. 18. Program income earned by the Grantee during the funding period as a direct result of the grant award must be reported in writing to DCJS, in addition to any other statutory reporting requirements. This includes income received from seized and forfeited assets and cash, as well as: sale of grant purchased property; royalties; fees for services; and registration /tuition fees. interest earned on grant funds is not program income unless specified to Appendix D. The Grantee agrees to report the receipt and expenditures of grant program income to DCJS. All income; including interest, generated by the use of these, g rant, funds will be used to enhance the grant project. Award Contract Page 13 of 23 ! j 19. If applicable, the Grantee agrees to obtain not- for - profit status, a federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish DCJS with this information as soon as it is available. 20. Unless otherwise specified, in accordance with the State Finance Law, the availability of all State funds for liabilities already incurred thereunder shall cease on September 15th of the year following the fiscal year in which the funds were appropriated, unless such funds are reappropriated by the New York State Legislature. To ensure payment, vouchers must be received by DCJS by August 1 st of the year following the fiscal year in which the funds were appropriated. 21. The Grantee will submit program progress reports and one final report to DCJS via the GMS system and additional information or amended data as required. A. Program progress reports will be due within 45 days of the last day of each calendar quarter or on an alternate schedule as prescribed in Appendix D. The first program progress report will be due within 45 days of the last day of the calendar quarter from the start date of the program. Program progress reports thereafter will continue to be made until such time as the funds subject to this Agreement are no longer available, have been accounted for, and/or throughout the Agreement period or project Calendar quarters, for the purposes of making program progress reports, shall be as follows: Calendar Quarter Report Due January 1 - March 31 May 15 April 1 - June 30 August 15 July 1 - September 30 November 15 October 1 - December 31 February 15 B. The final report, or where applicable interim progress reports, will summarize the project's achievements as well as describe activities for that quarter. 22. If for any reason the State of New York or the federal government terminates its appropriation through DCJS or fails to pay the full amount of the allocation for the operation of this program, this Agreement may be terminated or reduced at the discretion of DCJS, provided that no such reduction or termination shall apply to allowable costs already incurred by the Grantee where funds are available to DCJS for payment of such costs. Upon termination or reduction of the Agreement, all remaining funds paid to the Grantee that are not subject to allowable costs already incurred by the Grantee shall be returned to DCJS. In any event, no liability shall be incurred by DCJS or by the State of New York beyond monies available for the purposes of this Agreement. The Grantee acknowledges that any funds due to DCJS because of disallowed expenditures after audit shall be its responsibility. 21 If Appendix B, Program Budget, makes provisions for overtime payment, the Grantee agrees to submit vouchers for such payment of overtime charges within 45 days after the last day of the quarter for the reporting period. The Grantee further agrees to limit overtime earnings to no more than 25 percent (25 %) of the employee's annual personnel cost (salary plus fringe benefits) during the term of this Agreement. No reimbursements for overtime charges in excess of this 25 percent (25 %) limit will be made unless prior written approval has been obtained from DCJS. 24. None of the goals, objectives or tasks set forth in Appendix D shall be subawarded to another organization without specific prior.written approval by DCJS.. Where the intention to make subawards is clearly indicated in the application, DCJS'. approval is deemed given, if these acfivities.are funded -as proppsed: Award Contract Page 14 of 23 If this Agreement makes provisions for the Grantee to subgrant funds to other recipients, the Grantee agrees that all subgrantees shall be held accountable by the Grantee for all terms and conditions set forth in this Agreement. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of any subgrantee as if it were its own. The Grantee agrees that all subgrantee arrangements shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following information: - Activities to be performed; -Time schedule; - Project policies; -Other policies and procedures to be followed; - Dollar limitation of the Agreement; - Appendix A, Appendix A -1, Appendix C, Certified Assurances for Federally Supported Projects, Certification Regarding Lobbying, Debarment and Suspension and any special conditions set forth in the Agreement; and - Applicable Federal and /or State cost principles to be used in determining allowable costs. The Grantee will not be reimbursed for subgranted funds unless all expenditures by a subgrantee are listed on __c:edJicatiodf_orm Back docume for such expenditur must be made available upon request. All expenditures must be programmatically consistent with the goafs and objet Ives o is Agraemc viii ft tTLY financial plan set forth in Appendix B. 25. Federal Funds A. In accordance with Federal requirements, a Grantee which receives during its fiscal year $500,000 or more of Federal funds (including pass- through and direct) from all sources, including this Agreement, must agree to have an independent audit of such Federal funds conducted in accordance with the Federal Office of Management and Budget (OMB) Circular A -133. OMB Circular A -133 further requires that the final report for such audit be completed within nine months of the end of the Grantee's fiscal year. The Grantee further agrees to provide one copy of such audit report(s) to DCJS within nine months of the end of its fiscal year(s). B. In accordance with Federal requirements, a Grantee receiving Federal pass - through funds must also agree to comply with the terms and conditions of any and all applicable Federal OMB Circulars. For the convenience of the Grantee, the following OMB circulars are noted as the most common applicable to federal funds passed through DCJS: OMB Circular A 21, Cost Principles for Educational Institutions; OMB Circular A 87, Cost Principles for State, Local and Indian Tribal Governments; OMB Circular A 102, Grants and Cooperative Agreements With State and Local Governments; OMB Circular A 110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non Profit Organizations; and OMB Circular A 122, Cost Principles for Non Profit Organizations. The Parties agree that, dependent upon the status of the Grantee, additional circulars may also be applicable. The most current version of all Federal OMB Circulars may be viewed on-line at: www .whitehouse.gov /omb / circulars. The Grantee is to ensure full compliance with all cost documentation requirements of OMB Circulars as applicable directly to the Grant recipient and to any sub - recipient (or collaborative agency /organization). Failure to do so may result in disallowance of costs upon audit. 26, Any creative or literary work developed or commissioned by the Grantee with grant support provided by DCJS shall become the property of DCJS, entitling DCJS to assert a copyright therein, unless the parties have expressly agreed otherwise in a written instrument signed by them. A. If DCJS shares its right to copyright such work with the Grantee, DCJS reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under.a grant, subgrant, or contract under.a grantor subgrant; and (b) rights of copyright to which a Grantee; subgrantee; 'or a Contractor pur chases ownership with grant .support_ . Award Contract Page 15 of 23 B. If the grant support provided by DCJS is federally sponsored, the federal awarding agency also reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant or contract under a grant or subgrant; and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with such grant support. C. The Grantee shall submit one copy of all reports and publications resulting from this Agreement to DCJS. Any publications must contain the following statement, in visible print, of any document generated pursuant to a grant administered by DCJS: This project was supported by a grant administered by the New York State Division of Criminal Justice Services. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Division of Criminal Justice Services. 27. Original records must be retained for six years following the submission of the final claim against this Agreement. In the event of a fiscal audit, the project manager or a designated responsible party must be prepared to produce source documents that substantiate claimed expenditures. DCJS requires that all documentation materials be organized, readily accessible, and cross - referenced to the Fiscal Cost Reports previously submitted. If fiscal records, such as purchase orders, vouchers, payroll registers, payroll tax records, eta'._.- ".a t ept in a fiscal office which is- se-Wat nd -a-p a {rhI'Yl the p rogr office, the proje-c - t_ m anager must have access to these original records. Such fiscal records must readily Identify the associated project. In addition, a separate set of records must be retained for each project year. 28. Grant - related expenditures shall be reported on Fiscal Cost Reports and detailed itemization forms provided by DCJS. These reports must be prepared periodically as defined in Appendix C of this Agreement. All reported expenditures must reconcile to the program accounting records. Prior period adjustments shall be reported in the same accounting period that the correction was made. Certified by - Byron Brown on 0810112008 Award d Contr act Award Contract Project No. Grantee Name JB08- 1017 -E00 Buffalo, City of Budget Summary_b_y Participant Buffalo, City of Page 16 of 23 Juvenile Accountability Block Grant 12/12/2008 RJUflaly yvi.J,v ,v. ,...... .... �._.. Personnel Number Unit Cost Total Cost Grant Funds Matching Funds 1 Assistant Coordinator of Youth Pro rams 1 $17,770.00 $17,770.00 $17,770.00 $0.00 Total $17,770.00 $17,770.00 $0.00 #1 Frin a Benefits Number Unit Cost Total Cost Grant Funds Matchin Funds 1 Fringe 11.5% 1 $2,030.00 $2,030.00 $0.00 1 $2,030.00 Total $2,030.00 $0.001 $2,030.00 #1 Supplies Number Unit Cost Total Cost Grant Funds Matching Funds 1 I Pro ram Su lies 1 $500.00 $500.00 1 $500.00 $0.00 Total $500.00 $5 00.00 $0.00 Total Project Costs Total Cost Grant Funds Matching Funds $20,300.00 1 $18,270.00 $2,030.00 Award Contract Page 17 of 23 A Contr Juvenile Accountability Block Grant Project No. Grantee Name JB08- 1017 -EDD Buffalo, City of 12/12/2008 04/01/03 APPENDIX C PAYMENT AND REPORTING SCHEDULE NOTE: Additional payment provisions associated with the schedule(s) below are detailed in Appendix A -1 For All Grantees: 1. The Grantee agrees that this is a reimbursement -based contract; an advance may be provided through Appendix D. All requests for reimbursement must reflect actual costs that have been disbursed or items received by the Grantee. A purchase order issued without receipt of the items or service is not eligible for reimbursement. 2. Grantees must submit all required fiscal reports, supporting documentation and program progress reports. Failure to meet these requirements will result in the rejection of associated vouchers. Failure to submit the final program report, or interim progress report designated as the final report, may result in a disallowance of 25 _.__.__percent-(2 &°/ - af-tbe gra amount_ She Grante�m� also refund all une xpended ad (See item three below.) Final vouchers, reimbursement payment and reports must be submitted within 45 days of the end of the grant contract period. Failure to voucher within this period may result in the loss of grant funds. 3. If at the end of this grant contract there remains any unexpended balance of the monies advanced under this contract in the possession of the Grantee, the Grantee shall submit a certified check or money order for the unexpended balance payable to the order of the State of New York and return it to the Finance Office of DCJS with its final fiscal cost report within 45 days of termination of this grant contract. 4. Vouchers shall be submitted in a format acceptable to DCJS and the Office of the State Comptroller. Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the Project Budget (Appendix B) and during the contract period. When submitting a voucher, such voucher shall also be deemed to certify that: a) the payments requested do not duplicate reimbursement from other sources of funding; and b) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Grantee for this program. Requirement b) does not apply to Legislative sponsored State grants. 5. For purposes of prompt payment provisions, the Designated Payment Office for the processing of all vouchers is the Finance Office of DCJS. Payment of grant vouchers shall be made in accordance with the provisions of Article XI -A of the State Finance Law. Payment shall be preceded by an inspection period of 15 business days which shall be excluded from calculations of the payment due date for purposes of determining eligibility for interest payments. The Grantee must notify the Finance Office in writing of a change of address in order to benefit from the prompt payment provision of the State Finance Law. When progress reports are overdue, vouchers will not be eligible for prompt payment. 6. Timely and properly completed New York State vouchers, with supporting documentation when required, shall be submitted to: NYS Division of Criminal Justice Services Finance Office 4 Tower Place Albany, NY 12203 -3764 Payment schedules and payment method provisions are outlined on page 2 of this Appendix. 6, Payment Schedule PAYMENT PAYMENT DUE. DATE 1 Pending appropriation, 30 days after commencement date of contract with proper documentation or upon receipt of proper documentation, whichever is later. 2 -4 Quarterly A not - for -profit Grantee operating on a multi -year contract may voucher for an optional fifth quarter advance agAinst-the succeeding year's appropriation, pursuant to NYS. Finance Law,. Section 179 -u. Alward Contract t Page 1$ of 23 -0 All submitted vouchers will reflect the Grantee's actual expenditures and will be accompanied by supporting detailed itemizations of personal service and non - personal service expenditures and other documentation as required, and by a fiscal cost report for the reporting period. DCJS reserves the right not to release subsequent grant awards pending Grantee compliance with this Agreement. In the event that any expenditure for which the Grantee has been reimbursed by grant funds is subsequently disallowed, DCJS in its sole discretion, may reduce the voucher payment by the amount disallowed. If necessary, the Grantee may be required to submit a finaliudge o rts.m.ust.t3e—wbAmitted sh owin g grant expe andlor obl igations for each quarter of the grant within 45 days after the last day of the quarter for the reporting period. Advance payments shall be permitted as specified in Appendix AA and in the amount specified in Appendix D. Payment requests need to include the following documents as required: - Detailed Itemization of Personal Service Expenditures - Detailed Itemization of Non - Personal Service Expenditures - Detailed Itemization of Consultant Expenditures - Expert witness agreement and supporting documentation - Voucher and f=iscal Cost Report signed - Written documentation of all required DCJS prior approvals as follows: - DCJS approval of non - competitive consultant. - DCJS approval of non - competitive vendor for services. - DCJS approval of consultant services reimbursement greater than $450 per eight hour day. - DCJS approval of change to Personal Services by more than 10 percent. - DCJS approval to exceed NYS Office of the State Comptroller travel, meals and lodging rates. - DCJS approval to subaward to another organization. - DCJS approval for overtime payments exceeding 25 percent of an employee=s annual personnel cost. - DCJS approval to modify Non Personal Services budget categories by more than 20 percent. - DCJS approval to reallocate funds between Personal Services and Non Personal Services. All Certified Assurances for federal programs, and DCJS Contract Appendices are also available online for download at http : / /criminaljustice.state_ny.us /ofpa /forms.htm. Certified-by - Bymn Brown on 08/01/2008 Page 19 of 23 Award Co Awar Qontrac, f Juvenile Accountability Block Grant Project No. Grantee Name JB08- 1017 -EOO Buffalo, City of 12/12/2008 Work Plan Goal To divert 60 adolescents from Erie County Family Court proceedings to Buffalo Youth Court, increase organizational capacity, system capacity, accountability and improve program quality. Objective #1 To recruit 30 adolescents to become Youth Court officers. Review and enhance the curriculum for the Youth Court officers which provides an opportunity for the youth to learn more about the Juvenile Justice system and the decision making process for sanctioning peers who have engaged in problem behavior or violated the rule of law. Task #1 for Objective #1 __ - R — eamtYouth Gourto # ftersfrom- the- Buffafo- Board -of-E ue- ation -- and-- otheNesat- private-schools.— # Performance Measure 1 Number of youth who apply and are screened for appropriateness as Youth Court officers 2 Number of youth who are accepted as Youth Court officers. 3 Provide the names of the schools attended by Youth Court officers and the breakdown by school. Task #2 for Objective #1 Deliver quality training to Youth Court officers and provide follow -up training and information sharing sessions. # Performance Measure 1 Number of hours of training provided to Youth Court Officers. Number of youth who satisfactorily complete the necessary training and pass the test with a score of 80 or 2 higher to become Youth Court officers. 3 Number of follow -up training sessions for Youth Court officers to ensure program quality. Objective #2 To divert 60 adolescents, ages 7 -15 or 16 -17 PINS, from Erie County Family Court proceedings to Buffalo Youth Court. Task #1 for Objective #2 Monthly meetings will be held with Buffalo Youth Court, Buffalo Board of Education, Erie County Family Court, Erie County Probation Department and Buffalo City Court staff to solicit feedback from each partner to enhance the quality of the program. # Performance Measure Dates of meetings held between Buffalo Youth Court, Erie County Family Court, Buffalo Board of Education, 1 Erie County Probation Department, or Buffalo City Court staff to promote the quality of the Buffalo Youth Court Program. 2 Number of policies or procedures created, amended, or rescinded as a result of monthly partner meetings. Task #2 for Objective #2 Collaborate with Erie County Family Court. Erie County Probation Department, Buffalo City Court and the Awaiu CotVract Page 20 of 23 } t Buffalo Board of Education to ensure appropriate referrals, follow -up, case outcome and sentence completion. # Performance Measure Number of youth referred from Erie County Family Court, Erie County Probation and the Buffalo Board of Education. 2 Number of youth accepted into Buffalo Youth Court. 3 Ethnic origin of youth accepted into Buffalo Youth Court. Objective #3 To develop alternative sentencing options that promote accountability. Task #1 for Objective #3 Hold Youth Court sessions in Buffalo City Court. # Performance Measure 1 Calendar dates and the number of cases heard during each Youth Court session. 2 Number of cases where sentencing has occurrea. Description of alternative sentencing option imposed on offenders, i.e. number of written apologies, number 3 of community service hours, train inglcounseling sanctions, Anti -Crime Program or Code of Conduct Program. Task #2 for Objective #3 Continue to enhance the Buffalo Youth Court tracking system to monitor the progress of the adjudicated youth and the alternative sentencing options that are satisfactorily completed- # Performance Measure 1 Number and percentage of youth adjudicated by Youth Court who have completed their sentence obligation. Objective #4 To comply with federal reporting requirements Task #1 for Objective #4 Improve and enhance program activities. # Performance Measure Number and percent of eligible youth served using graduated sanction approaches. This is the number of 1 program youth served during any part of the reporting period using a graduated sanctions approach. To calculate the percentage, divide the number above by the total number of youth served during the reporting period. Number and percent of staff trained in accountability programming. Report the raw number of staff that have received any amount of formal training about accountability programming (include both general information 2 and agency specific information). Training can be in any format or medium as long as its receipt can be verified. Training can be from any source as long as it was at least facilitated by the JABG funds. Percent is the raw number divided by the total number of grantee staff. Task #2 for Objective #4 increase organizational capacity. # Performance Measure 1 ' Number of hours 'of training about accountability, programming offered to program staff. Award Contract Page 21 of 23 2 Average number of calendar days youth participate in the program (Le., from intake to completion). Include both clients who complete successfully and those who do not. Task #3 for Objective #4 improve program quality. # Performance Measure Number and percent of sanctions that are successfully contested by youth or their families. Measure of 1 program accountability based on the idea that procedures for contesting sanctions are a vital part of accountability programming. Report the raw number of sanctions that are overturned, reversed, or revised. Percent is the raw number divided by the total number of sanctions enacted. Task #4 for Objective 44 Increase accountability # Performance Measure Nu mber and percent of program youth c ompleting pro gram re quirements. Report the raw number of youth 1 who have exited the program after successfully completing program requirements. Percentage [9 ra - - number who successfully completed program requirements divided by the total number of youth who left the program (including unsuccessful youth discharged from program prior to completion). 2 Number of program youth service hours. This includes counseling sessions, course cirriculum training, or community service hours completed by program youth. Task #6 for Objective #4 Increase system capacity. # Performance Measure 1 Number of accountability programs in operation. 2 Number of accountability program slots. Report the number of youth that the program can serve simultaneously. 3 Time in days from offender intake into the accountability program to receipt of a sanctions schedule. Report the average number of calendar days from youth intake to their receiving a sanction, ie.disposition Task #6 for Objective #4 Reduce delinquency. # Performance Measure Number and percent of program youth who reoffend. Report the number and percent of program youth who 1 were arrested or seen at juvenile court for a new delinquent offense. Percent is number of youth arrested divided by the total number of youth served in the program during the reporting period. Objective #5 To be eligible to receive Juvenile Accountability Block Grant (JABG) funds, localities must use a Juvenile Crime Enforcement Coalition (JCEC) to develop and administer a coordinated enforcement plan for reducing juvenile crime. Task #1 for Objective #6 Create and maintain a JCEC whose membership is represented by individuals associated with (1) Police, (2) Sheriff,(3) Prosecutor, (A) local probation services, (5) Juvenile court,(6) Schools, (7) Business, and (8) Religious affiliated, fraternal, nonprofit, or social service organizations involved in crime prevention. Award nntrrt Page 22 of 23 \� i # Performance Measure 1 A list of JCEC members and contact information will be kept on file with a copy provided to ©CJS staff. Task #2 for Objective #5 The JCEC will convene monthly with at least a quorum of members to discuss the coordinated enforcement plan for reducing juvenile crime. # Performance Measure 1 bates of all JCEC meetings will be provided. 2 A written minuets of each JCEC meeting will be kept and available for inspection. Award Contract Page 23 of 23 Award Co Juvenile Accountability Block Grant Project No. Grantee Name JB08- 1017 -E00 Buffalo, City of 12/12/2008 Award Cond itions Upon approval of this grant by the Office of the State Comptroller, or DCJS for "T" contract only, the Grantee is authorized to initially voucher for advance payment of those prospective expenses previously approved by DCJS not to exceed $0.00 from the total contracted amount. Consistent with paragraph 15 of Appendix A -1 of this grant contract, vouchers for advance payments for the purchase of equipment and supplies must be supported by a copy of the purchase order. Gener Conditions S pecal_.C.ondtons Grantee agrees that if the project is not operational within 60 days of the original starting date of the grant period, it will report by letter to OPDF the steps taken to initiate the project, the reasons for delay, and the expected s tartin g da If th e protect is not operational within 90 days of the original starting date of the grant period, the grantee will submit a second staternirr�to�PC31 explairiirighe >ay: The Sfa e may either can the project and redistribute the funds or extend the implementation date of the project beyond the 90-day period when warranted by extenuating circumstances. All juvenile justice funds are to be used to support programs serving youth 7 - 17 years of age, the current age of Family Court jurisdiction in New York State. Except as authorized by law, program records containing the identity of individual juveniles gathered for purposes pursuant to Title 11 (Formula Grants), Title V (Community Prevention) and the JABG Program under the Juvenile Justice and Delinquency Prevention Act may not be disclosed without the consent of the service recipient or legally authorized representative, or as may be necessary to carry out these programs. Under no circumstances may program reports or findings available for public dissemination contain the actual names of individual service recipients. Grantee agrees that these funds will be'used to supplement and not supplant existing funds and services. This contract may be extended, increased, decreased, terminated, renewed, amended or renegotiated at the discretion of the Commissioner of the Division of Criminal Justice Services. All criminal justice information management software which grantee may purchase or develop with funds provided under the terms of this agreement must conform to established New York State criminal justice data standards as documented in the most current version of the New York Statewide Criminal Justice Data Dictionary. In addition, all such information management software purchased or developed with funds provided under the terms of this agreement must conform to statewide standards for the collection, processing and reporting of criminal justice information as documented in the New York State Standard Practices Manual for the Processing of Fingerprintable Criminal Cases. The latest versions of both documents referenced above can be accessed at the DCJS web site or obtained by calling the DCJS Customer Contact Center at 800 - 262 -3257. Grantee shall enroll as applicable in the ePagesNY Directory established and administered by DCJS. ePagesNY is a statewide directory service provided free -of- charge by the Division of Criminal Justice Services to the criminal justice community of New York State. Information regarding enrollment in the ePagesNY Directory can be obtained by calling the DCJS Customer Contact Center at 800 -262 -3257. The following condition will apply to contracts between two New York State governmental entities: This is an agreement between two New York State governmental entities, and as such the provisions contained herein with respect to grants are applicable only to the extent that the provisions would otherwise be applicable between New York State governmental entities. Contract Pate l of 1 Page Project Juvenile Accountability Block Grant Contr Project No. Grantee Name JB08- 1033 -E00 Buffalo Department of Community Services 12/12/2008 Contract Number T522244 Project Status Pending Signatures Contract Start Date 07/01/2009 48 Month Date Contract Ending Date 0613012010 Contract $ 19,534.00 89.68% Contract Period Years 1 Months 0 Matching $ 2,249.00 10.32% Total $21,783,00 Mr. Fontana moved: That the above communication from the Commissioner of Community Services dated December 15, 2008, be received and filed; and That the Commissioner of Community Services, Division for Youth be, and she Hereby is authorized on behalf of the City to accept a grant from the New York State Division of Criminal Justice Services to continue the Youth Court program from January 1, 2009 to December 31, 2009 for a total cost of $20,300.00. Passed. 14 TAS:rmv 1 ANvp60 \mswoTd\rmvA t 4c l - 6a.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [MAJ- 51 * 9 * 0 [213 - b] [314 - 7] SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 15, 2008 FROM: DEPARTMENT: Division for Youth / Community Services SUBJECT: [:Acceptance of Grant Award - Total Cost $21,783,00 [:Contract Number T522244 [:Buffalo Youth Court PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxx /xx) The Department of Community Services, Division for Youth was awarded a grant from the New York Division of Criminal Justice Services to continue the Youth Court program for juveniles who commit minor; non- violent offenses, operated by trained youth court officers who will determine appropriate and meaningful sanctions. The contract period is from: 07/01/2009 - 06/30/2010 Total Projected Costs: $21,783.00 Grant Funds: $19,534.00 Matching Funds: $ 2,249.00 Please approve the acceptance of this grant award. SIGNATURE DEPARTMENT HEAD TITLE: Commissioner f Proiect Contract C ontra ct Project No. JB08- 1033 -E00 Contract Number Contract Start Date Contract Ending Date Contract Period Page I of 1 # Juvenile Accountability Block Grant Grantee Name Buffalo Department of Community Services T522244 Project Status 07/01 {2009 48 Month Date 06/30/2010 Contract Years 1 Months 0 Matching Total 12/12/2008 Pending Signatures $ 19, 534.00 89.68% $ 2,249.00 10.32% $21,783.00 Program Representative Kennedy, Roger Stop Payment Date Stop Payment Resinded Date Contract Comments Littie'ohn,Nilna From: fund ing @dcjs.stafe.ny. us Sent: Thursday, December 11, 2008 12:11 PM To: l..ittlejohn,Nina Subject: GMS Notification for JB08- 1033 -E00, contract number: T522244. Grantee: Buffalo Department of Community Services GMS -- Project JB08- 1033 --E00 has been approved by OPDF. OPDF has approved your application for funding for ProjectID - .1B08- 1033 -E00. Your signatory has been instructed on how to complete your local acceptance of this grant contract with the following instructions: Use the following link to get to the GMS system. https: / /grants.criminaljustice. state. ny. us/ AccessNotice .jsp ?ProjectID =JB08 - PLEASE NOTE: If your project was begun in GMS prior to May 30, 2006, it is not eligible for electronic signatures. Please open the project via the Link above and, after login, click on the tab labeled 'Acceptance'. If no contract appendices are listed there, you may disregard the emailed instruction. You- ....wi- J- -1----r-eeei-v� -a... ract via- US - -Po-s 1 Ser.v.3e.e.- ...Ma -il. We thank -you- for.....y.ou -r - patience during our transition from a paper to an electronic process. If you have any questions, please contact GMS Help at (518) 457 -8462, or at funding@dcjs.state.ny.us �A.�raal Co- Tact PaEe 1 of 24 7 STATE AGENCY -...._ _ NY5,C0-MPTRQLL.ER S NUMB_E-R;. T522244 New York State Division of Criminal Justice Services (Contract Number) 4 Tower Place Albany, NY 12203 ORGINATING AGENCY -CODE: 01490 GRANTEE /MP TRACTOR; (Name & Address) Buffalo Department of Community Services TYPE OF PROGRAMS -! Juvenile Accountability Block Grant 2302 City Hall DG.JS NUMBERS: JB08522244 Buffalo, NY 14202 INITIAL CONTRAC PERIOD: FEDERAL TAX IDE NT IFI CATION NO: 16- 8002533 FROM 07/01/2009 TO 0813012010 MUNICIPALITY_NO: (if applicable) '140207000 000 FUNDING AMOUNT FROM I NITIAL PERIOD: $19,534.00 STATUS: Contractor is not a sectarian entry. MULTI -YEAR TERM: (if applicable): 0 1 -year renewal options Contractor is not a not - for -profit organization. APPENDIX ATTACHED_AND PART OF THIS AG REEMENT ...X APP €NDIX A Standard Clauses required by Iha Atiomey ceoeral for all state wnlacts CHARITIES REGISTRATION NUMBER. X.= :6FPENi3iKAi iT uses _ -___. _ _X_.ApPENpkXB Budget (Enter number of Exempt) - ,.X... APPEND%C Payment and Reporting schedule if "Exempt" is entered above reason for exemption. X_ APPENOkX ❑ Program Wurkplaa APP£ -NDIX F Guidlines for the Control Arta Use of Confidantial Funds APPENOIXG pmcedu4 Guidelines for the Control of Surveillance Equipment Contractor has _ has not _timely APPENDIX X Mod]fieaFron Agreement Form (!o accompany motlTOtl appendices filed with the Attorney Generals Chanties for changes En terms or cons4deration9 on an existing period or for renewal periods) Bureau all required periodic or annual written reports- ...- DCJ8-55 budgatAmendmenffGrant €xlenston Request .... Olher (tdanlity) — IN WITNESS THEREOF, the parties hereto have electronically executed or approved this AGREEMENT on the dates their signatures, NYS DIVISION OF CRIMINAL JUSTICE SERVICES BY: , Date: Office of Program Development and Funding 5iate._Agency_Certficalnn,: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract'. GRANTEE: 6Y: Hon. Byron W. Brown , Mayor Date: APPROVED, ATTORNEY GENERAL'S SIGNATURE Thomas P. DiNapoli, State Comptroller Title: Title: Date: Date: Award Contract Page 2 of 24 � � Awa Co ntract Juvenile Accountability Block Grant Project No. Grantee Name JB08- 1033 -E00 Buffalo Department of Community Services 12/12/2008 AGREEMENT STATE OF NEW YORK AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof. WITN ESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: -- — _....t.. Canditions Agreement _..... -... _. _ - - - -.. .... ---- - - - - -- A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X) Amendment. Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix amendment for that PERIOD. C. This AGREEMENT incorporates the face page attached as presented in the Grants Management System (GMS) AWARD online printable report, and all of the marked appendices identified on the face page hereof. D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used) GMS Amendment. Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT. To modify.the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s) create and amendment to the GMS record. Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix A -1. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT, II. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. Ill. Terminations A. This AGREEMENT may be terminated at any time upon: mutual written consent of the STATE and the CONTRACTOR. ['�i"v4ai u �Giitr act`s ,1 B. The STATE may terminate the AGREEMENT immediately,, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix A -1. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The CONTRA OR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application fo or for any rig ._t__ rase upon any different status. V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix A -1. VI Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of the laws and regulations, or specified in Appendix A -1. C...ertif ed, by - on Award Contract Aw C ontract Project No. Grantee Name JBOB- 1033 -E00 Buffalo Department of Community Services APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS Page 4 of 24. Juvenile Accountability Block Grant 12/12/2008 The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, 'the contract' or 'this contract') agree to be bound by the following clauses which are hereby made a part of the contract (the word 'Contractor' herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON - ASSIGNMENT CLAUSE, in accordance with Section 138 of the State Finance Law, this contract may not be assign by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise dEsposed - o_ without the previbus consent, in writinig, of State ai id any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S. U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a). 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON - DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220 -e of the Labor Law, if this is a contract 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 the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement l VY C4ru UVAa 4r i Page 5 of 24 a schedules issued by the State Labor Department, Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON - COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification an Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within - five - (5) business day of suGh Go nvictiot, deter natiar�-or.... di. spositio .n...o.f..appea-l..�2N 105 .4)__.. 9. SET -OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set -off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller, 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, 'the Records'). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall.take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the 'Statute') provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and /or FEDERAL SOCIAL SECURITY NUMBER_ All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used Award Contract Pate 6 of 24 for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment .. opportun. ities- withaut..discrimi.nation.,.. Affirmative act shall mean recruitment, employment, j ob assignment,_ promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of 'a', 'b', and 'c' above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the 'Work') except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ('CPLR'), Contractor hereby consents to. service of process upon it -by registered or certified mail, return receipt requested. Service hereunder shall fie complete upon Contractor's actual receipt of process or upon the . Award Contract Page 7 of 24 State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS, The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law'165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in '165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principl of-the_Laws-of 1992) the Cont r actor. _here s tipulates that the_Contractar ether (a ) no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7th Floor Albany, New York 12245 Telephone: 518 -292 -5220 Fax: 518 -292 -5884 http: /lwww. empire. state, ny. us A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518- 292 -525D Fax: 518 -292 -5803 http:l /www, empire state. ny. us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of tabor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts: i i v'ai d Conti act Page 8 of 24 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4 -a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. All Certified Assurances for federal programs, and DCJS Contract Appendices are also available online for download at http:// criminaljustice .state.ny.us /ofpa /forms.htm. (rev)June, 2006 Certi.,fk- -- b . -- on - .. Award/ Contract Award Contract Project No. Grantee Name JB08- 1033 -E00 Buffalo Department of Community Services APPENDIX Al AGENCY - SPECIFIC CLAUSES Page 9 of 24 E� 1J Juvenile Accountability Block Grant 12/12/2008 1. For grant solicitations or direct grant awards announced before April 10, 2006, if this Agreement exceeds $15,000, it shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $15,000 or less, it shall not take effect until it is executed by both parties. For grant solicitations or direct grant awards announced on or after April 10, 2006, if this Agreement exceeds $50,000, it shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $50,000 or less, it shall not take effect until it is executed by both parties. 2, This Agreement sets forth the entire understanding of the parties and may not be altered or amended except in writing and signed by the parties hereto. The parties agree, however, that DCJS may unilaterally amend only . - L A ......_.-...t........ tl G- r tie fail erections afitire�3ud�en� art- Exteesien-for -sn (DCJS- 5ayto- insure acc uracy an completeness: identification of Federal Funds or State Funds; #1 Grantee Name, #2 County; #3 Contract No.; #4 - Implementing Agency, #5 DCJS No.; #7 Project Title; #9 Date of Last Approved Request; #10 Contract Duration and A. Approved Project Budget. DCJS shall initial such amendment(s) and shall provide Grantee with a copy of the corrected DCJS -55 that was unilaterally amended by DCJS. 3. The failure of a party to enforce a contractual obligation shall not eliminate the other party's obligation to perform such contractual obligation. 4. In the event that any provision of this Agreement is determined to be null and void, all remaining provisions shall continue to be in full force and effect. 5. The Grantee must notify DCJS in writing of any change in the number, title, job duties or rate of remuneration of project staff which changes the Personal Service Project Budget line by 10 percent or under. Any change in the number, title, job duties or rate of remuneration of project staff which changes the Project Budget line more than 10 percent must be approved in writing by DCJS prior to implementation. The Grantee agrees to provide DCJS with resumes and supporting documentation upon request. 6. The Grantee shall submit detailed itemization forms for personal service and fringe benefit expenditures, in a format determined by DCJS, with any voucher and Fiscal Cost Reports requesting payment for expenditures. 7. The Grantee must maintain specific documentation as support for project related personal service expenditures, depending upon whether this grant contract project is supported by State or Federal funds: A. For State funded grants: For all Grantee's staff whose salaries are paid in whole or in part from grant funds provided under this Agreement, the Grantee shall maintain a time recording system which shows the time devoted to the grant project. The system shall consist of time sheets, computerized workload distribution reports, or equivalent systems. The time devoted to grant activities must be determinable and verifiable by DCJS. If time sheets are used, each must be signed by the individual and certified by the individual's supervisor in a higher level position at the end of each time reporting period. B. For Federally funded grants: Depending upon the nature or extent of personal service provided under this Agreement, the Grantee shall maintain semi - annual (or more frequent) personal service certifications and/or an after - the -fact personnel activity reporting system (or equivalent) which complies with the requirements of the Federal Office of Management and Budget (OMB) Circulars A -21, A -87 or A -122, as applicable: 1. OMB Circular A-21 [Item J, General provisions for selected items of cost] identifies documentation required for educational institutions as support for grant project personnel costs. L l YY w Cor.tiac Page 10 of 24 2. OMB Circular A -87 [Attachment B, Selected items of Cost] identifies the documentation required for local government agencies as support for grant project personnel costs. 1 OMB Circular A -122 [Attachment B. Selected Items of Cost] identifies the documentation required for non- profit organizations as support for grant project personnel costs. The most current version of these Federal OMB Circulars may be viewed on -line at: www.whitehouse.gov /omb /circulars. The Grantee is to ensure full compliance with specific personal service documentation requirements of these OMB Circulars as applicable directly to the Grant recipient and to any sub - recipient (or collaborative agency /organization). Failure to do so may result in disallowance of costs upon audit. 8. Budget amendments are governed as follows: A. The Grantee is not permitted to reallocate funds between Personal Service and Non - Personal Service budget categories without the prior written permission of DCJS. 1� B .A- Grantee seeking- to._mo N ext E' rsonal Servi . budget cat egorie s by more th 20 percent of the total - ._....._. funds budgeted in a category must secure the prior written permission of DCJS. A DCJS -55 stiffing of the proposed amendment must be submitted to and approved by DCJS before the next voucher and/or fiscal cost report will be approved. C. Prior approval by DCJS is not required for Non- Personal Service budget changes which are less than 20 percent. A DCJS -55 and a letter signed by the Chief Executive Officer or Fiscal Officer authorizing these changes must be submitted to DCJS with the next voucher or fiscal cost report submission. 9. Space rental provided by this Agreement must be supported by a written lease, maintained on file and made available by the Grantee upon request. 10. The Grantee's request for travel, meals or lodging reimbursement shall be in accordance with Appendix B, Budget, and, unless prior written authorization has been received from DCJS, shall not exceed rates authorized by the NYS Office of the State Comptroller. All out -of -state travel must have prior written authorization from DCJS. Requests for DCJS approval must be submitted in writing and must set forth, at a minimum: (a) an itemized estimate of associated travel costs including transportation, lodging, meals, and registration fees; (b) a description of the training or event for which out -of -state travel is required; and (c) an explanation why the travel is necessary for the grant - funded project and why it cannot be accommodated locally or within New York State, 11, The Grantee's employment of a consultant must be supported by a written agreement executed by the Grantee and the consultant. A consultant is defined as an individual or organization hired by the Grantee for the stated purpose of accomplishing a specific task relative to the funded project. A copy of the agreement must be submitted to DCJS with the appropriate voucher for payment. All consultant services must be obtained in a manner that provides for fair and open competition. The Grantee shall retain copies of all solicitations seeking a consultant, written agreements and documentation justifying the cost and selection of the consultant. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of the consultant as if it were its own. A. The rate for a consultant should not exceed $450 for an eight -hour day (not including travel and subsistence costs). A rate exceeding $450 per eight -hour day requires prior written approval from DCJS and may be approved on a case -by -case basis where adequate justification is provided and expenses are reasonable and allowable. B. In addition to the above requirements, a Grantee that is a local government or a not - for - profit must adhere to the following guidelines at a minimum when obtaining consultant services: 1. Consultant services that cost up to $999 under this grant agreement can be obtained at the Grantee's discretion. Award. Contract Page 11 of 24 2. Consultant services that cost between $1,000 and $4,999 under this grant agreement must be supported by at least three telephone quotes and a record created of such quotes. 3. Consultant services that cost between $5,000 and $9,999 under this grant agreement must be supported by at least three written quotes on a vendor's stationery and a record created of competitive procurement process utilized. 4. A Grantee obtaining consultant services that cost in excess of $10,000 must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the competitive bidding process must incorporate the following: open, flair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. C. A Grantee who proposes to obtain consultant services from a particular vendor without competitive bidding, must obtain the prior written approval of DCJS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and basis upon which the price was determined to be reasonable. Further, such consultant services must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of ...... ....__ .D.CJ.S'....app.roval_ ust also be submitted with the voucher for payment D. Notwithstanding the provisions of this paragraph, the Parties agree that DCJS' prior written approval is not required for the employment of a consultant when such employment is secured in relationship to a criminal matter as an expert witness, consultant or investigator. The Parties agree that the employment shall be supported by a written agreement and that all requests for reimbursement shall be supported by documentation identifying the criminal matter involved, services provided, time commitment and schedule. Such agreement and documentation shall be submitted to DCJS with the appropriate voucher for payment. 12. All procurements, other than consultant services, shall be conducted in the following manner. Written justification and documentation for all procurements must be maintained on file and made available upon request. Detailed itemization forms for non - personal service expenditures, in a format determined by DCJS, shall accompany each voucher and Fiscal Cost Report requesting payment. All procurements must be made in a fair and open manner and in accordance With the pre- determined methodology established for evaluating bids (e.g., lowest responsive bidder or best value). A) A Grantee that is a state entity must make all procurements in accordance with State Finance Law Article 11, and any other applicable regulations. B) A Grantee that is a local government must make procurements in accordance with General Municipal Law Article 5 -A and any other applicable regulations. C) In addition, a Grantee that is a not- for - profit must also make all procurements as noted below: 1. If the Grantee is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made immediately. 2. A Grantee may purchase any single piece of equipment, single service or multiples of each that cost up to $999 at its discretion. 3. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $1,000 and $4,999, a Grantee must secure at least three telephone quotes and create a record for audit of such quotes. 4. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $5,000 and $9,999, the Grantee must secure at least three written quotes on a vendors stationery and maintain a record of the competitive procurement process for audit purposes. V 5. A Grantee spending in aggregate of $10,000 and above must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the. competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested Award Contract Page 12 of 24 parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. 6. A Grantee who proposes to purchase from a particular vendor without competitive bidding must obtain the prior written approval of DCJS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and the basis upon which the price was determined to be reasonable. Further, such procurement must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of DCJS' approval must also be submitted with the voucher for payment. 13. Applicable equipment purchased with funds provided by this Agreement as listed in Appendix B, Budget, shall be assigned a unique inventory number. The Grantee shall list all applicable equipment purchased with such funds in the GMS Property Module and print and submit such reports to DCJS /BJF program representatives with the final program progress report or sooner. Alternatively, the Grantee may use the Equipment Inventory reports prescribed by DCJS to list equipment purchases and submit them to DCJS via postal service. Items of equipment costing less than $500 do not need to be reported on the Equipment Inventory Reports although the Grantee is encouraged to maintain an internal inventory for audit purposes. Upon completion of all contractual requirements by the Grantee, DCJS will consider a request for continued use and _-_.-possession , of . _ the equipment purchase with grant fu nds provided the equipment continues to be used in _........ .............. . conducting a criminal justice program. 14. Grant funds may be expended only for purposes and activities set forth in this Agreement. Accordingly, the most important single requirement of accounting for this grant is the complete and accurate documentation of grant expenditures. If the Grantee receives funding from two or more sources, all necessary steps must be taken to ensure that grant - related transactions are not commingled. This includes, but is not limited to, the establishment of unique budget codes, a separate cost center, or a separate chart of accounts. Expenditures must be cross - referenced to supporting source documents (purchase orders, contracts, real estate leases, invoices, vouchers, timesheets, mileage logs, etc.). Grantee agrees it shall maintain adequate internal controls and adhere to Generally Accepted Accounting Principles for Government or Generally Accepted Accounting Principles for Not- for - Profit Organizations. This Agreement may be subject to a fiscal audit by DCJS to ascertain financial compliance with Federal and/or State laws, regulations, and guidelines applicable to this Agreement. Such audits may include review of the Grantee's accounting, financial, and reporting practices to determine compliance with the Agreement and reporting requirements; maintenance of accurate and reliable original accounting records in accordance with governmental accounting standards as well as generally accepted accounting principles; and specific compliance with allowable cost and expenditure documentation standards prescribed by applicable Federal, State, and DCJS guidelines. 15. Where advance payments are approved by DCJS, the Grantee agrees to expend the advance payments in accordance with the purposes set forth in Appendix D (Special Conditions) and consistent with Appendix B (Budget). 16. DCJS reserves the right to suspend program funds if the Grantee is found to be in noncompliance with the provisions of this Agreement or other grant agreements between the Grantee and DCJS or, if the Grantee or principals of the Grantee are under investigation by a New York State or local law enforcement agency for noncompliance with State or Federal laws or regulatory provisions or, if in DCJS' judgment, the services provided by the Grantee under the Agreement are unsatisfactory or untimely. DCJS shall provide the Grantee with written notice of noncompliance. Upon the Grantee's failure to correct or comply with the written notice by DCJS, DCJS reserves the right to terminate this Agreement, recoup funds and recover any assets purchased with the proceeds of this Agreement. DCJS reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon issuance of a final audit report and appropriate notification to the Grantee, or upon reasonable assurance that the Grantee is not in compliance with Agreement terms. 17. The Grantee agrees, as a material condition of the Agreement, to comply with all applicable provisions of the Hatch Act (5 U.S.C. "1501 et seq.) as amended. 18. Program income earned by the Grantee during the funding period as a direct result of the gront'award must , ward Contract Page 13 of 24 i be reported in writing to DCJS, in addition to any other statutory reporting requirements. This includes income received from seized and forfeited assets and cash, as well as: sale of grant purchased property; royalties; fees for services; and registration /tuition fees. Interest earned on grant funds is not program income unless specified in Appendix D. The Grantee agrees to report the receipt and expenditures of grant program income to DCJS. All income, including interest, generated by the use of these grant funds will be used to enhance the grant project. 19. If applicable, the Grantee agrees to obtain not --for- profit status, a federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish DCJS with this information as soon as it is available. 20. Unless otherwise specified, in accordance with the State Finance Law, the availability of all State funds for liabilities already incurred thereunder shall cease on September 15th of the year following the fiscal year in which the funds were appropriated, unless such funds are reappropriated by the New York State Legislature. To ensure payment, vouchers must be received by DCJS by August 1 st of the year following the fiscal year in which the funds were appropriated. 21. The Grantee will submit program progress reports and one final report to DCJS via the GMS system and additional information or amended data as required. �A___Prcgr..at�...progre. reports wi be due within 45 days of the last d ay of each calendar quarter or on an alternate schedule as prescribed in Appendix D. The first program progress reporo will tae due with 45 "days_�� ...... -__ _._ the last day of the calendar quarter from the start date of the program. Program progress reports thereafter will continue to be made until such time as the funds subject to this Agreement are no longer available, have been accounted for, and/or throughout the Agreement period or project duration. Calendar quarters, for the purposes of making program progress reports, shall be as follows: Calendar Quarter Report Due January 1 - March 31 May 15 April 1 - June 30 August 15 July 1 - September 30 November 15 October 1 - December 31 February 15 B. The final report, or where applicable interim progress reports, will summarize the project's achievements as well as describe activities for that quarter. 22. If for any reason the State of New York or the federal government terminates its appropriation through DCJS or fails to pay the full amount of the allocation for the operation of this program, this Agreement may be terminated or reduced at the discretion of DCJS, provided that no such reduction or termination shall apply to allowable costs already incurred by the Grantee where funds are available to DCJS for payment of such costs. Upon termination or reduction of the Agreement, all remaining funds paid to the Grantee that are not subject to allowable costs already incurred by the Grantee shall be returned to DCJS. In any event, no liability shall be incurred by DCJS or by the State of New York beyond monies available for the purposes of this Agreement. The Grantee acknowledges that any funds due to DCJS because of disallowed expenditures after audit shall be its responsibility. 23. If Appendix B, Program Budget, makes provisions for overtime payment, the Grantee agrees to submit vouchers for such payment of overtime charges within 45 days after the last day of the quarter for the reporting period. The Grantee further agrees to limit overtime earnings to no more than 25 percent (25 %) of the employee's annual personnel cost (salary plus fringe benefits) during.the term of this Agreement. No reimbursements for overtime charges in excess of this 25 percent (25 %) Iimit : wili be made unless prior written t1 01ard C oAi rgct Page 14 of 24 i approval has been obtained from DCJS. 24. gone of the goals, objectives or tasks set forth in Appendix D shall be subawarded to another organization without specific prior written approval by DCJS. Where the intention to make subawards is clearly indicated in the application, DCJS' approval is deemed given, if these activities are funded as proposed. if this Agreement makes provisions for the Grantee to subgrant funds to other recipients, the Grantee agrees that all subgrantees shall be held accountable by the Grantee for all terms and conditions set forth in this Agreement. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of any subgrantee as if it were its own. The Grantee agrees that all subgrantee arrangements shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following information: - Activities to be performed -Time schedule; - Project policies -Other policies and procedures to be followed, - Dollar limitation of the Agreement; Appendix,A,- .A ppendix A -1. Appendix C, Certified Assurances for Federally Supported Projects, Certification Regarding Lobbying, Debarment and Suspension and any special condifioris set forth - in the greemen , an - Applicable Federal and/or State cost principles to be used in determining allowable costs. The Grantee will not be reimbursed for subgranted funds unless all expenditures by a subgrantee are listed on certification forms. Backup documentation for such expenditures must be made available upon request. All expenditures must be programmatically consistent with the goals and objectives of this Agreement and with the financial plan set forth in Appendix B. 25, Federal Funds A. In accordance with Federal requirements, a Grantee which receives during its fiscal year $500,000 or more of Federal funds (including pass - through and direct) from all sources, including this Agreement, must agree to have an independent audit bf such Federal funds conducted in accordance with the Federal Office of Management and Budget (OMB) Circular A -133. OMB Circular A -133 further requires that the final report for such audit be completed within nine months of the end of the Grantee's fiscal year. The Grantee further agrees to provide one copy of such audit report(s) to DCJS within nine months of the end of its fiscal year(s). B, In accordance with Federal requirements, a Grantee receiving Federal pass - through funds must also agree to comply with the terms and conditions of any and all applicable Federal OMB Circulars, For the convenience of the Grantee, the following OMB circulars are noted as the most common applicable to federal funds passed through DCJS: OMB Circular A 21, Cost Principles for Educational Institutions OMB Circular A 87, Cost Principles for State, Local and Indian Tribal Governments; OMB Circular A 102, Grants and Cooperative Agreements With State and Local Governments; OMB Circular A 110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non Profit Organizations and OMB Circular A 122, Cost Principles for Non Profit Organizations. The Parties agree that, dependent upon the status of the Grantee, additional circulars may also be applicable. The most current version of all Federal OMB Circulars may be viewed on -line at www.whitehouse.gov /omb /circulars. The Grantee is to ensure full compliance with all cost documentation requirements of OMB Circulars as applicable directly to the Grant recipient and to any sub - recipient (or collaborative agency /organization). Failure to do so may result in disallowance of costs upon audit. 26. Any creative or literary work developed or commissioned by the Grantee with grant support provided by DCJS shall become the property of DCJS, entitling DCJS to assert a copyright therein, unless the parties have 'expressly agreed otherwise in a written instrument signed by.them. Award Contract Page IS of 24 A. If DCJS shares its right to copyright such work with the Grantee, DCJS reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant, and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with grant support. B. If the grant support provided by DCJS is federally sponsored, the federal awarding agency also reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use; (a) the copyright in any work developed under a grant, subgrant or contract under a grant or subgrant; and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with such grant support. C. The Grantee shall submit one copy of all reports and publications resulting from this Agreement to DCJS. Any publications must contain the following statement, in visible print, of any document generated pursuant to a grant administered by DCJS: This project was supported by a grant administered by the New York State Division of Criminal Justice Services. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Division of Criminal Justice Services. ..__....._ �..tt.....'.... iL.n r il�miccinn of fh fna . �lakmgaknst_thrs_ 2 . 0riginal records: must retainedfor six years Agreement. In the event of a fiscal audit, the project manager or a designated responsible party must be prepared to produce source documents that substantiate claimed expenditures. DCJS requires that all documentation materials be organized, readily accessible, and cross - referenced to the Fiscal Cost Reports previously submitted. If fiscal records, such as purchase orders, vouchers, payroll registers, payroll tax records, etc., are to be kept in a fiscal office which is separate and apart from the program office, the project manager must have access to these original records. Such fiscal records must readily identify the associated project. In addition, a separate set of records must be retained for each project year. 28. Grant - related expenditures shall be reported on Fiscal Cost Reports and detailed itemization forms provided by DCJS. These reports must be prepared periodically as defined in Appendix C of this Agreement. All reported expenditures must reconcile to the program accounting records. Prior period adjustments shall be reported in the same accounting period that the correction was made. Certified by - on Award Contract Award Contract Project No. Grantee Name JB08- 1033 -E00 Buffalo Department of Community Services Budget Summary by Participant Buffalo Department of Community Services D .44 1 ni-ir i— f— Vni ith - Vorc[nn 1 Page 16 of 24 , r . Juvenile Accountability Block Grant 12/12/2008 ✓~..~V �...�- _ -- - - - -- #1 Fringe Benefits Number Unit Cost Total Cost Grant Funds I Matching Funds 11 Fringe P 13 %Q 1 1 $2,249.00 Grant Matching $2,249.00 Personnel Number Unit Cost Total Cost Funds Funds 1 Asst. Coordinator of Youth Programs 100% 1 $17,300.00 $17,300.00 $17,300.00 $0.00 $0.00 FTh _ _ ..._ .. _. Total $17,300.00 $17,300.00 $0.00 #1 Fringe Benefits Number Unit Cost Total Cost Grant Funds I Matching Funds 11 Fringe P 13 %Q 1 1 $2,249.00 $2,249.00 $0.001 $2,249.00 Total $2,249.00 $0.00 $2,249.00 #1 Supplies Number Unit Cost Total Cost Grant Funds Matchin Funds 1 Admin Supplies for ro ram 1 $500.00 $500.00 $500.00 $0.00 Total $500.00 $500.00 $0.00 Total Project Costs Total Cost Grant Funds Matching Funds Total Grant Matching $2,249M0 Travel and Subsistence Number Unit Cost Cost Funds Funds 1 1 staff to attend National Youth Court Conference 1 $1,734.00 $1,734.00 $1,734.00 $0.00 t o enhance local program Total $1.734.00 $1,734.00 $0.00 Total Project Costs Total Cost Grant Funds Matching Funds $21,783.00 $19,534.001 $2,249M0 Total Contract Costs Total Cost Grant Funds I Matching Funds $21,783.00 $19,534.001 $2,249.00 Award Contract Award Contract Project No. Grantee Name JB08- 1033 -E00 Buffalo Department of Community Services 04/01/03 APPENDIX C PAYMENT AND REPORTING SCHEDULE 12/12/2008 NOTE: Additional payment provisions associated with the schedule(s) below are detailed in Appendix A -1. For All Grantees: 1. The Grantee agrees that this is a reimbursement -based contract, an advance may be provided through Appendix D. All requests for reimbursement must reflect actual costs that have been disbursed or items received by the Grantee. A purchase order issued without receipt of the items or service is not eligible for reimbursement. 2. Grantees must submit all required fiscal reports, supporting documentation and program progress reports. Failure to meet these requirements will result in the rejection of associated vouchers. Failure to submit the final program report, or interim progress report designated as the final report, may result in a disallowance of 25 the grant_ amount -The Grantee _ must also refund all unexpended advances (See item three _ —. below.) Final vouchers, reimbursement payment and reports must be submitted within 45 days o e en of e grant contract period. Failure to voucher within this period may result in the loss of grant funds. 3. If at the end of this grant contract there remains any unexpended balance of the monies advanced under this contract in the possession of the Grantee, the Grantee shall submit a certified check or money order for the unexpended balance payable to the order of the State of New York and return it to the Finance Office of DCJS with its final fiscal cost report within 45 days of termination of this grant contract. 4. Vouchers shall be submitted in a format acceptable to DCJS and the Office of the State Comptroller. Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the Project Budget (Appendix B) and during the contract period. When submitting a voucher, such voucher shall also be deemed to certify that a) the payments requested do not duplicate reimbursement from other sources of funding; and b) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Grantee for this program. Requirement b) does not apply to Legislative sponsored State grants. 5. For purposes of prompt payment provisions, the Designated Payment Office for the processing of all vouchers is the Finance Office of DCJS. Payment of grant vouchers shall be made in accordance with the provisions of Article XI -A of the State Finance Law. Payment shall be preceded by an inspection period of 15 business days which shall be excluded from calculations of the payment due date for purposes of determining eligibility for interest payments. The Grantee must notify the Finance Office in writing of a change of address in order to benefit from the prompt payment provision of the State Finance Law. When progress reports are overdue, vouchers will not be eligible for prompt payment. 6. Timely and properly completed New York State vouchers, with supporting documentation when required, shall be submitted to: NYS Division of Criminal Justice Services Finance Office 4 Tower Place Albany, NY 12203 -3764 .Payment schedules and payment method provisions are outlined on page 2 of this Appendix. 6. Payment Schedule Page 17 of 24 Juvenile Accountability Block Grant PAYMENT PAYMENT DUE DATE 1 Pending appropriation, 30 days after commencement date of contract with proper documentation or upon receipt of proper documentation, whichever is later. 2 -4 Quarterly A not - for - profit Grantee operating on a multi -year contract may voucher for an optional fifth quarter advance against the succeeding year's appropriation, pursuant to NYS Finance Law, Section .179 -u.. Award Contract Page 18 of 24 i \.) All submitted vouchers will reflect the Grantee's actual expenditures and will be accompanied by supporting detailed itemizations of personal service and non - personal service expenditures and other documentation as required, and by a fiscal cost report for the reporting period. DCJS reserves the right not to release subsequent grant awards pending Grantee compliance with this Agreement. In the event that any expenditure for which the Grantee has been reimbursed by grant funds is subsequently disallowed, DCJS in its sole discretion, may reduce the voucher payment by the amount disallowed. If necessary, the Grantee may be required to submit a final budget reallocation. F iscal cost repor must be submitted showing grant expenditures and/or obligations for each quarter of the grant within 45 days atfer the last day of the'quarter for the reporting period. - Advance payments shall be permitted as specified in Appendix A -1, and in the amount specified in Appendix D. Payment requests need to include the following documents as required: - Detailed Itemization of Personal Service Expenditures - Detailed Itemization of Non - Personal Service Expenditures - Detailed Itemization of Consultant Expenditures - Expert witness agreement and supporting documentation - Voucher and Fiscal Cost Report signed - Written documentation of all required DCJS prior approvals as follows: - DCJS approval of non - competitive consultant. - DCJS approval of non - competitive vendor for services. - DCJS approval of consultant services reimbursement greater than $450 per eight hour day. - DCJS approval of change to Personal Services by more than 10 percent. - DCJS approval to exceed NYS Office of the State Comptroller travel, meals and lodging rates. - DCJS approval to subaward to another organization. - DCJS approval for overtime payments exceeding 25 percent of an employee =s annual personnel cost. - DCJS approval to modify Non Personal Services budget categories by more than 20 percent. - DCJS approval to reallocate funds between Personal Services and Non Personal Services. All Certified Assurances for federal programs, and DCJS Contract Appendices are also available online for download at http : / /criminai justice .state.ny.us /ofpa /forms.htm. Certified_ by - on Award Contract Award Co..ntract Project No. JB08- 1033 -E00 Grantee Name Buffalo Department of Community Services Page 19 of 24, , 1� Juvenile Accountability Block Grant 12/12/2008 Work Plan Goal To divert 60 adolescents from Erie County Family Court proceedings to Buffalo Youth Court, increase organizational capacity, system capacity, accountability and improve program quality. Objective #1 To recruit 30 adolescents to become Youth Court officers. Review and enhance the curriculum for the Youth Court officers which provides an opportunity for the youth to learn more about the Juvenile Justice system and the decision making process for sanctioning peers who have engaged in problem behavior or violated the rule of law. Task #1 for Objective #1 -Recruitifoath-C -ou Board -of- Education. and.sotheLk)cal..priv.ate_s # Performance Measure 1 Number of youth who apply and are screened for appropriateness as Youth Court officers. 2 Number of youth who are accepted as Youth Court officers. 3 Provide the names of the schools attended by Youth Court officers and the breakdown by school. Task #2 for Objective #1 Deliver training to Youth Court officers and provide follow -up training and information sharing sessions. # Performance Measure 1 Number of hours of training provided to Youth Court Officers. Number of youth who satisfactorily complete the necessary training and pass the test with a score of 80 or 2 higher to become Youth Court officers. 3 Number of follow -up training sessions for Youth Court officers to ensure program quality. Objective #2 To divert 60 adolescents, ages 7 -15 or 16 -17 PINS, from Erie County Family Court proceedings to Buffalo Youth Court. Task #1 for Objective #2 Monthly meetings will be held with Buffalo Youth Court, Buffalo Board of Education, Erie County Family Court, Erie County Probation Department and Buffalo City Court staff to solicit feedback from each partner to enhance the quality of the program. # Performance Measure Dates of meetings held between Buffalo Youth Court, Erie County Family Court, Buffalo Board of Education, 1 Erie County Probation Department, or Buffalo City Court staff to promote the quality of the Buffalo Youth Court Program. 2 Number of policies or procedures created, amended, or rescinded as a result of monthly partner meetings. Task #2 for Objective #2 Collaborate with Erie County Family Court, Erie County Probation Department, Buffalo City Court and the Award Contract Page 20 of 24 Buffalo Board of Education to ensure appropriate referrals, follow-up, case outcome and sentence completion. # Performance Measure Number of youth referred from Erie County Family Court, Erie County Probation and the Buffalo Board of Education. 2 Number of youth accepted into Buffalo Youth Court. 3 Ethnic origin of youth accepted into Buffalo Youth Court. Objective #3 To develop alternative sentencing options that promote accountability. Task #1 for Objective #3 Fold Youth Court sessions in Buffalo City Court. # Performance Measure 1 Calendar dates and the number of cases heard during each Youth Court session. 2 Number of cases whe nten cing -has occurred .--._-- -- Description of alternative sentencing option imposed on offenders, i.e. number of written apologies, number 3 of community service hours, train ingicounseling sanctions, Anti -Crime Program or Code of Conduct Program. Task #2 for Objective #3 Continue to enhance the Buffalo Youth Court tracking system to monitor the progress of the adjudicated youth and the alternative sentencing options that are satisfactorily completed. # Performance Measure 1 Number and percentage of youth adjudicated by Youth Court who have completed their sentence obligation. Objective #4 To comply with federal reporting requirements Task #1 for Objective #4 Improve and enhance program activities. # Performance Measure Number and percent of eligible youth served using graduated sanction approaches. This is the number of program youth served during any part of the reporting period using a graduated sanctions approach. To calculate the percentage, divide the number above by the total number of youth served during the reporting period. Number and percent of staff trained in accountability programming. Report the raw number of staff that have received any amount of formal training about accountability programming (include both general information 2 and agency specific information). Training can be in any format or medium as long as its receipt can be verified. Training can be from any source as long as it was at least facilitated by the JABG funds. Percent is the raw number divided by the total number of grantee staff. Task #2 for Objective #4 Increase organizational capacity. # Performance Measure 1 Number of hours of training about accountability programming offered to program staff. Award Contract Pale 21 of 24 Average number of calendar days youth participate in the program (i.e., from intake to completion). Include 2 both clients who complete successfully and those who do not. Task #3 for Objective #4 Improve program quality. # Performance Measure Number and percent of sanctions that are successfully contested by youth or their families. Measure of 1 program accountability based on the idea that procedures for contesting sanctions are a vital part of accountability programming. Report the raw number of sanctions that are overturned, reversed, or revised. Percent is the raw number divided by the total number of sanctions enacted. Task #4 for Objective #4 Increase accountability # Performance Measure Number and percent of program youth completing program requirements. Report the raw number of youth wfra have exited the ro ram after- success# t1fl program requirements - P-excenta e- raw raw......._ p g �� �..P g g - - - -- -. number who successfully completed program requirements divided by the total number of youth who left the program (including unsuccessful youth discharged from program prior to completion). 2 Number of program youth service hours. This includes counseling sessions, course cirriculum training, or community service hours completed by program youth. Task #5 for Objective #4 Increase system capacity. # Performance Measure 1 Number of accountability programs in operation. 2 Number of accountability program slots. Report the number of youth that the program can serve simultaneously. 3 Time in days from offender intake into the accountability program to receipt of a sanctions schedule. Report the average number of calendar days from youth intake to their receiving a sanction, ie.disposition Task #6 for Objective #4 Reduce delinquency. # Performance Measure Number and percent of program youth who reoffend. Report the number and percent of program youth who 1 were arrested or seen at juvenile court for a new delinquent offense. Percent is number of youth arrested divided by the total number of youth served in the program during the reporting period. Objective #5 To be eligible to receive Juvenile Accountability Block Grant (JABG) funds, localities must use a Juvenile Crime Enforcement Coalition (JCEC) to develop and administer a coordinated enforcement plan for reducing juvenile crime. The JCEC must meet at least quarterly; preferably monthly. Task #1 for Objective #5 Create and maintain a JCEC whose membership is represented by individuals associated with (1) Police, (2) Sheriff,(3) Prosecutor, (4) local probation services, (5) Juvenile court,(6) Schools, (7) Business, and (8) Religious affiliated, fraternal, nonprofit, or social service organizations involved in crime prevention. Award Contract # Performance Measure Page 22 of 24 Dates of all JCEC meetings will be provided. Written minutes of each JCEC meeting will be kept and available for inspection. Award Contract Award Contract Project No. Grantee Name JB08- 1033 -E00 Buffalo Department of Community Services Page 23 of 24 Juvenile Accountability Block Grant 12/12/2008 Award Conditions Upon approval of this grant by the Office of the State Comptroller, or DCJS for "T" contract only, the Grantee is authorized to initially voucher for advance payment of those prospective expenses previously approved by DCJS not to exceed $0.-00. from the total contracted amount. Consistent with paragraph 15 of Appendix A -1 of this grant contract, vouchers for advance payments for the purchase of equipment and supplies must be supported by a copy of the purchase order. General Conditions _S-pecial Condit o.n.s Grantee agrees that if the project is not operational within 60 days of the original starting date of the grant period, it will report by letter to OPDF the steps taken to initiate the project, the reasons for delay, and the expected starting date. If the project is not operational within 90 days of the original starting date of the grant period: the grantee will su rnit a second _state�to_OPDi exptajning the _detay-- The-State -may either-canGel -_ -- the project and redistribute the funds or extend the implementation date of the project beyond the 90 -day period when warranted by extenuating circumstances. All juvenile justice funds are to be used to support programs serving youth 7 - 17 years of age, the current age of Family Court jurisdiction in New York State. Except as authorized by law, program records containing the identity of individual juveniles gathered for purposes pursuant to Title 11 (Formula Grants), Title V (Community Prevention) and the JABG Program under the Juvenile Justice and Delinquency Prevention Act may not be disclosed without the consent of the service recipient or legally authorized representative, or as may be necessary to carry out these programs. Under no circumstances may program reports or findings available for public dissemination contain the actual names of individual service recipients. For Third Year Formula Funded Projects Only: Third year projects supported by an amount that represents a reduction in formula funding must maintain a level of service delivery that is consistent with that of the fully funded year(s). Grantee agrees that these funds will be used to supplement and not supplant existing funds and services. This contract may be extended, increased, decreased, terminated, renewed, amended or renegotiated at the discretion of the Commissioner of the Division of Criminal Justice Services, Strategy Special Conditions: Grantee agrees that if funding is being provided for the implementation of any DCJS crime reduction strategies including, but not limited to Operation IMPACT; Youth Violence Reduction; DNA Evidence Collection; Road to Recovery or Re -Entry, that the implementing agency will develop a formal interactive relationship with those other strategy initiatives in the county. The following special conditions apply to contracts with county or municipal governments as appropriate: Participating law enforcement agencies that are funded by DCJS to conduct drug, firearms or vehicle theft or vehicle related insurance fraud investigations shall register with SAFETNet. Participation in SAFETNet obligates the registered agency to submit information regarding persons or addresses under active investigation in accordance with SAFETNet standard operating procedures. In addition, the agency agrees to participate in the Upstate New York Regional Intelligence Center (UNYRIC) or the New York/New Jersey High Intensity Drug Trafficking Area Regional Intelligence Center (NY/NJ HIDTA RIC) as appropriate. Law enforcement grantees are required on a monthly basis to submit a data extract file for the target jurisdiction to DCJS for crime mapping. Grantees may request a temporary waiver of the mapping requirement if this condition would prohibit the immediate implementation of this project. Information regarding the New York State Crime Mapping System can be made by calling the Customer Contact Center at 800 -262 -3257. All criminal justice information management software which grantee may purchase or develop with funds provided under the terms of this agreement must conform to established New York State criminal justice data standards as documented in the most current version of the New York Statewide Criminal Justice Data Dictionary. In addition, all such information management software purchased or developed with funds provided under the terms of this agreement must conform to statewide standards for the collection, processing and Award Contract Page 24 of 24 �.r reporting of criminal justice information as documented in the New York State Standard Practices Manual for the Processing of 1=ingerprintable Criminal Cases. The latest versions of both documents referenced above can be accessed at the DCJS web site or obtained by calling the DCJS Customer Contact Center at 800 -262 -3257. Grantee shall enroll as a user of eJusticeNY and make use of the eJusticeNY suite of services as applicable. Grantee shall enroll as applicable in the ePagesNY Directory established and administered by DCJS. ePagesNY is a statewide directory service provided free -of- charge by the Division of Criminal Justice Services to the criminal justice community of New York State. Information regarding enrollment in the ePagesNY Directory can be obtained by calling the DCJS Customer Contact Center at 800 -262 -3257. Law enforcement agencies must submit full UCR Part 1 crime reports, including supplemental homicide reports, to DCJS by 30 days following the end of the month. These monthly reports may be submitted either under the Uniform Crime Reporting System (UCR) or under the Incident Based Reporting Program (IBR). Quick Reports will not be accepted. Failure to submit this information may result in grant funds being withheld. UCR agencies must fill out the Domestic Violence Victim Data table found on the last page of the Return A in accordance with the new domestic violence reporting requirements. These requirements can be found on -line at http ://www.criminaIjustice. uslcrimnetlojsalcrimereporting/ domestic— violence_reporting_alert_ -08- 08.pdf. Failure to submit this information may result in grant funds being withheld. Agencies reporting through IBR do not submit a supplemental report for domestic violence. The required data is automatically collected through the monthly submission of an IBR file. Other Special Conditions The Grantee understands and agrees that the Division of Criminal Justice Services shalt_pay up - to ttte -- first - ninety percent (90 of -the- total- grantaward- amount or .$ ., in...accor wi th. the . . payment schedule, budgeted items and activities outlined in this agreement and as reported on the required documentation forms. The final ten percent (10 %) of the total grant award shall be held pending receipt of acceptable documentation that the outcome indicators in the project workplan have been achieved at which point the Division may release the remaining ten percent (10 %) or balance of the award as appropriate and in accordance with the payment terms of the agreement. The Division of Criminal Justice Services shall withhold said ten percent (10 %) of the total grant award amount notwithstanding that other amounts have been, or will be, withheld or disallowed by Division of Criminal Justice Services due to, among other things, the Grantees' failure to properly document expenses and services or perform in accordance with the terms of this Agreement. In his sole discretion, and upon the request of the Grantee, the Commissioner of the Division of Criminal Justice Services, may release any portion of the ten percent (10 %) of the grant award retained by Division of Criminal Justice Services as set forth in the preceding paragraph. The following condition will apply to contracts between two New York State governmental entities: This is an agreement between two New York State governmental entities, and as such the provisions contained herein with respect to grants are applicable only to the extent that the provisions would otherwise be applicable between New York State governmental entities. t V 1 Mr. Fontana moved: That the above communication from the Commissioner of Community Services dated December 15, 2008, be received and filed; and That the Commissioner of Community Services, Division for Youth be, and she hereby is authorized on behalf of the City to accept a grant from. the New York State Division of Criminal Justice Services to continue the Youth Court program from July 1, 2009 to June 30, 2010 for a total cost of $21,783.00. Passed. 15 TAB : rmv tAwp601inswordlrjnv115eI- 6a.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RNERA RUSSELL SMITH * * [-------- - - - - -] [MAJ- 51 * 9 * 0 [ 213 - 6 [314 - 7] FROM THE CITY CLERK Jan 6, 2009 QR No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- Police- Fire- Corporation Counsel- Community Services- x Economic Development & Permit and Inspection Services- Patrick Sole, it Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. Jan b, 2009 SI NGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO THE COMMON COUNCIL: DATE December 22, 2008 FROM: DEPARTMENT: Economic Development, Permit and Inspection Services SUBJECT: [:Leave of Absence Without Pay [:for Patrick Sole, Jr. t: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No, xxx, C.C.P. xxlx? lM Please be advised that Patrick Sole, Jr. has been granted a leave of absence without pay from his permanent position as Supervisor of Licenses in the Department of Economic Development, Permit and Inspection Services. This leave will begin December 15, 2008 and will be for the duration of his exempt appointment as Director of Housing and Inspections, James Comerford, Jr. SIGNATURE a 4 i DEPARTME HEAD TITLE: EVeputy Commissioner NON- OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Jan 6, 2009 IMeevv Vemirk %rate fEnerug Ru wv-h and Devnflapmoni& Alm h "WRT Vincent A. 1Deiorio, Esq., Cha wwiau 'toll Frec: 1 (860) NYSHIMA www.nyscrda.org • in#'o(%tnysmia.org December 22, 2008 , Good Day: You are receiving this mailing because you are on a list of individuals or organizations that requested a copy of the West Valley Decommissioning Draft Environmental Impact Statement from the U.S. Department of Energy. The New York State Energy Research and Development Authority is a joint lead agency with the U.S. Department of Energy on the West Valley Environmental Impact Statement, and as such, we are required under New York State law to provide you with a copy of the attached Notice of Completion for the Draft Environmental Impact Statement. Sincerely, WEST VALLEY SITE MANAGEMENT PROGRAM P "' E't6� Paul J. Bembia Director PJB /amd Attachment: 1. Notice of Completion for the Draft Environmental Impact Statement t PJB /08 Main office Albany 17 Columbia Circle Albany, NY 12203 -6399 Toll tree: 1 (866) NYSERDA Phone: (518) 862 -1090 Fax: (518) 862 -1091 West Valley Site Management Program 10282 Rock Springs Road 1Vcst Valley, NY 14171 -9799 Phone: (710) 942 -9960 Tax: (716) 942 -9961 New York City 485 Seventh Ave., Suite 1006 Nc%v York, NY 10018 Phone: (212) 971-5342 Tax: (212) 971 -5349 Buffalo Larkin at Exchange Tiuildillg 726 Exchange Stied, Suitc 821 €3ullalo, New Yoil< 14210 Phone; (716) 842 -1522 Fax: (716)342 -0156 14-12-9 (3199)- 9C ���� State Environmental Quality Review Notice of Completion of Draft and Notice of SEAR Hearing Lead Agency; e Energy Research and Development AuthorityPro)ect Number Address; 030 Route 219 Date ecember 10, 2DD3 est Valley, New York 14171 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 6 (State Environ Qua lity Review Act) of the Environmental Conservation Law. (and local law #I _if any) A Draft Environmental Impact Statement has been completed and accepted for the proposed action described below. Comments are requested and will be accepted by the contact person until une ; 200 A ubtic hearing on the Draft EIS will be held on Fed. April - 1,2009 (date and time) at P 030 Rte 210, West Valley, NY (place). Name of Action: missioning and /or Long -term Stewardship at the West Valley Demonstration Project and r Service Center. Description of Action: action subject to this DEfS is the completion of the West Valley Demonstration Project (WVDP) and the decommissioning tlor long -term management or stewardship of the Western New York Nuclear Service Center. This includes the : ontamination and decommissioning of the waste storage tanks and facilities used in the solidification of high -level radioactive ste, and any material and hardware used in connection with the WVDP. The U.S. Department of Energy (DOE) and New York to Energy Research and Development Authority (NYSERDA) are joint lead agencies for this Draft Environmental Impact tement (Draft EIS). DOE needs to determine the manner in which facilities, materials, and hardware for which DOE is ponsible will be managed or decommissioned in accordance with applicable Federal and State requirements. NYSERDA sds to determine what, if any, material or structures for which it is responsible will remain on site, and what, if any, institutional itrols, engineered barriers, or stewardship provisions would be needed. Four alternatives are presented in the Draft EIS, uding. ewide Removal - Under this alternative, all site facilities would be removed all environmental media would be decontaminated shipped offsite; and all radioactive, hazardous, and mixed waste would be characterized, packaged as necessary, and entually shipped off site for disposal. Completion of these activities would allow unrestricted use of the site (i.e., the site could made available for any public or private use). The Sitewide Removal Alternative includes temporary onsite storage of vitrified Ih -level radioactive waste canisters while waiting for a Federal waste repository to open. itewide Close -in -Place - Under this alternative, most facilities would be closed in place. Residual radioactivity in facilities with rger inventories of long -lived radionuclides would be isolated by specially designed closure structures and engineered barriers. nder the Sitewide Close -In-Place Alternative, major facilities and sources of contamination, such as the Waste Tank Farm and sposal areas, would be managed at their current locations. This would allow large areas of the site to be. released for irestricted use. The license for remaining portions of the WNYNSC could be terminated under restricted conditions, or those irtions could remain under long -term NRC license or permit. Facilities that are closed in place, and any buffer areas around em, would require long -term stewardship. Phased Decisiionmaking - Under this alternative, decommissioning would be completed in two phases. This alternative involves near -term removal actions where there is agency consensus and characterization studies to facilitate decisionmaking for the remaining facilities or areas. lase 1 would include removal of the Main Plant Process Building, the source of the North Plateau Groundwater Plume, and the ater treatment lagoons. Phase 1 would also include removal of a number of support facilities. No decommissioning or long -term anagement activities would be conducted for the W aste Tank Farm and its suppor f the Construction and Demolition SEAR Notice of Completion of Draft i Final EIS Page 2 of 3 ns Lancitifi, enon- source area of e North Plateau Groundwater Plume, or the NRGLicensed Disposal Area. The - State- - State - nsed Disposal Area would continue under active management, consistent with its permit and license requirements for up to 30 Phase 1 activities would make use of proven technologies and available waste disposal sites to reduce the potential near -term health and safety risks from residual radioactivity and hazardous contaminants at the site. Phase 1 would also include an ongoing assessment period during which DOE and NYSERDA would conduct additional studies, evaluations, and characterization of site - ontamination. The studies and evaluations would be conducted to clarify and possibly reduce technical uncertainties related to the Decision on final decommissioning and long -term management of the site, particularly uncertainties associated with the long -term ) erformance models, the performance of engineered barriers and other technologies for in -place containment, the viability and cost of ethnology for exhuming buried waste, and the availability of waste disposal sites. In consultation with NYSERDA and the cooperating and involved agencies on this Draft EIS, DOE would determine whether the new information warrants a new or supplemental EIS. MERDA would assess the results of site - specific studies and other information during Phase i to inform future decisions on the )rding to the approach determined most appropriate during the additional Phase 1 studies and evaluations, Phase 2 would plete decommissioning or long -term management decisionmaking. Under the Phased Decisionmaking Alternative, the Phase 2 sion would be made within 30 years. No Action - Under the No Action Alternative, no actions toward decommissioning would be taken. The No Action Alternative would involve the continued management and oversight of all facilities located on the WNYNSC property as of the starting point for this EIS (estimated to be achieved in 2011). The analysis of the No Action Alternative is required under NEPA and SEAR. Preferred Alternative - The Phased Decisionmaking Alternative is DOE's and NYSERDA's Preferred Alternative. Combination Alternatives - After consideration of public comments, some combination of alternatives analyzed in the Draft EIS may be dentified as the best way to meet agency goals and protect human health and safety and the.environment. If a specific combination Alternative is identified as preferred between the Draft and Final EIS, the combination alternative and its potential impacts would be dentified in the Final EIS. If a combination alternative is ultimately selected for implementation, the NEPA Record of Decision and 3EQR Findings Statement would explain the reasons DOE and NYSERDA made that decision. Phis Draft EIS is a revision of a Craft EIS that was issued for public comment in 1996. A Preferred Alternative was not identified in the 1996 Draft EIS, nor was a Final EIS prepared or issued. (include street address and the name of the municipality /county, A location map of appropriate scale is also recommended.) :OZ MOCK - , prings htoaa st Valley New York, 14171 he majority of the 3,300 -acre Western New York Nuclear Service Center is located in the Town of shford in Cattaraugus County NY. Approximately 15 acres of the facility are located in the Town of oncord in Erie County, New York. Note: In addition to the public hearing date and location identified above, public hearings will also be held on Tuesday March 31, 2009 at the Seneca Nation of Indians, William Seneca Building, 12837 Rte 438, Irving NY, and on Thursday April 2, 2009 at the Clarion Hotel - McKinley's Banquet and Conference Center, S -3950 McKinley Parkway, Blasdell, New York. SEQR Notice of Completion of Draft 1 Final EIS Page 3 of 3 Potential Environmental Impacts: Each of the decommissioning alternatives analyzed€ in the DEIS involve closure or removal activities that world result in seine level of environmental impact. Impacts from removing facilities and contamination from the site include potential radiological and non - radiological releases to the atmosphere and to local surface waters and groundwater during removal operations, as well as potential worker exposure to contaminants during removal operations. Transportation of wastes generated through the removal of facilities and contamination introduces the possibility of contaminant releases during transportation accidents, potential for injuries due to motor vehicle accidents, and worker and public exposure to external radiation over the course of a routine shipment, The site -wide removal alternative would also generate some waste that cannot currently be disposed of at offsite disposal facilities. This waste would have to be stored on site until an offsite disposal option became available. A positive result from removal activities is that portions of the site or even the entire site could be released for other uses. In addition, potential long -term impacts from releases from the site would be avoided. Impacts from closing facilities and contamination in place include radiological and non - radiological contaminant releases to the atmosphere and to local surface waters and groundwater during closure operations, and worker exposure to contaminants during closure operations. Under this alternative, large areas of the site could be released for unrestricted use. The license for remaining portions of the WNYNSC could be terminated under restricted conditions, or those portions could remain under long -term NRC license or other regulatory or institutional control. Facilities that are closed in- place, and any buffer areas around them, would require long -term stewardship. In this event, contaminant releases, worker exposure, and worker injuries could occur during ongoing monitoring and maintenance activities that would be required over hundreds or thousands of years. There could also be contaminant releases and public exposure in the event that site control is lost. The phased Decisionmaking alternative includes a phased decommissioning approach where significant removal actions are taken during the first phase of decommissioning, These removal activities involve the potential for the environmental impacts identified above. If, during the second phase of decommissioning activities, it is decided to remove the remaining facilities or close facilities in place, this second phase of the alternative would also involve the types of impacts described above. It should be noted that NYSERDA is not in agreement with certain aspects of the approach used in the DEIS to analyze environmental and other impacts from the decommissioning alternatives. Most of NYSI =RDA's concerns relate to the analysis of long -term impacts from the in -place closure of facilities and contamination. NYSERDA's view on these DEIS analyses and results are presented in the "Foreword" to the DEIS. Contact Person: J aul J. Bembia, Program Director Address: New York State Energy Research and Development Authority 9030 Route 219 West Valley, New York 14171 Telephone Number: lye) 94z -9g6a ext. X900 A copy of this notice must be sent to: Department of Environmental Conservation, 625 Broadway, Albany, New York 12233 -1750 Chief Executive Officer, Town /CityNillage of Ashford, New York and Concord, New York Any person who has requested a copy of the Draft / Final EIS Any other involved agencies Environmental Notice Bulletin, 625 Broadway, Albany, NY 12233 -1750 Copies of the Draft,✓Final EIS must be distributed according to 6NYCRR 617.12(b). MOW December 12, 2008 City of Buffalo Division of Urban Affairs 620 Main Street Buffalo, NY 14203 I (Rehab on RT 104 )ver Jeddo Creels, Town of Ridgeway Orleans County Minority and Female Employment Opportunities To Whom It May Concern: This is to inform you that Concrete Applied Technologies Corporation Elba. CATCO is the low bidder on the above reference project by the NYSDOT. CATCO is a Union Contractor and will be using personnel from those trade unions listed below when working on this project in your area. Laborers Local 435 Operators Local 832 It is a suggestion that Your members resister with one of these Unions so that they may Dave an opportunity to be called to work on this project. CATCO is an Equal Opportunity Employer. Very truly yours, CONCRETE APPLIED TECIINOI,OGIES Leigh Caldwell TJ O Representative RIFCOWD AND rit lo Concrefe Applied Technologies Corp. 1266 Townline Road ® Alden, NY 14004 -- (716) 651 -4642 - Fax: (716) 651 -4638 It Memorandum To: Deputy City Clerk Gerald Chwalinski From: Program Packaging and Development Services (PPDS) Provider Date: January 6, 2009 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on January 5, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated December 1, 2008 3. Fully Executed Phase lI Application and Certificate for Payment No. 44R — November 2008 4. Fully Executed Phase III Application and Certificate for Payment No. 20 — November 2008 S. Phase III Application and Certificate for Payment No. 21 -- December 2008 6. Phase IV Application and Certificate for Payment No. 6 — December 2008 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase III Project — November 2008 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III — November 2008 REFERRED 'O THE SPECIAL MOW E _ r MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL. BUFFALO, NY 14202-3318 PHONE7 (716) 851 -5169 ® FAX: (716) 851 -4294 E -mail: mkeams @city- buffala.com MEMORANDUM TO: Gerald Chwalinski FROM: Councilmeiriber Kearns CHAIFLMAAf FINANCE WATERFRONT DEVELOPMENT LO MITTFES SUL]GET BURA CIVIL 5ERV1cE CLAIMS RUEFs LEGISLATIVE ASSISTANTS MARTIIA-ANN MURPHY KELLY M. KRU(; RUSSUH, C. WEAVER DATE: December 31, 2008 RFAI Credible Coaniiiitment and Council - Manager Government: Implications for Policy Instrument Choices I would like to file the attached infori for the next Common Council meeting to be held on January 6, 2009. Thank you. "Tor the People'® Richard C. Feiock Moon-Gi Jeong Florida State Universe Jaehoon Kim Seoul National Universi of Technolog Credible Commitment and Council- Manager Government: Implications for Policy Instrument Choices The credible constraint of morally hazardous or opportunistic behavior can enhance efficiency. This idea is applied to on examination of local government institutions to identify how council - manager government constrains opportunism in economic development by substituting low-power bureaucratic incentives for high -power electoral incentives. A panel design isolates changes in the use of development strategies or instruments in 516 cities. The central argument presented here is that the Progressive ideology of the separation of politics and administration, institutionalized in the council- manager plan, allows administrators and elected officers to more easily resist opportunistic behavior Economic and political forces have significant effects that are different for mayor- council communities than for council - manager communities. The influence of strategic planning is evident in council- manager cities, but not in mayor - council communities. Under council - manager government, development is carried out in a discriminating manner, leading to lower levels of financial incentives but more loan and business - attraction pro- grams. In conclusion, the authors discuss how the career patterns of city managers are shaped by the incentive structures created by the council- manager plan. Questions about whether and how different forms of municipal government influence policy choices have oc- cupied scholars of urban politics and administration for several decades (Lineberry and Fowler 1967; Ostrom, Bish, and Ostrom 1988; Ruhil et al. 1999). Much of the theoreti- cal underpinning of this inquiry derives from the study of structural reforms introduced by the municipal reform movement. This article revisits the history of municipal reform and examines how different forms of governments influence the incentives of local actors and the problems of moral hazard and credible commitment. As in other organizations, governance structures in cit- ies create incentives for specific behaviors. Some high - power incentives produce benefits that can be realized directly by decision makers. In markets, high -power in- centives lead to innovation and enhanced productivity as entrepreneurial leaders respond to profit motives (Williamson 1988). Nevertheless, high -power incentives Richard C. Feiock is a professor and director of the doctoral program at the Askew School of Public Administration and Policy, and he directs the local governance program of the DeVoe Z. Moore Center at Florida State Univer- sity. He is coauthor of Institulional Constraints and Policy Choice (SUNY Press) and has published widely on issues of local government and governance. Email. rfeiock @garnet.ocns.fsu.edu. Moon -Gi Jeong is a PhD student at the Askew School of Public Administra- tion and Policy and a DeVoe L. Moore graduate fellow. His interests are state and local economic development, regulation, and public finance. Email: jeongmun@hobnail.com. Jaehoon Kim is an associate professor of public administration at Seoul National University of Technology and a visiting scholar at the Askew School of Public Administration and Policy. His interests are economic development policy, intergovernmental relations, and public budgeting and financial man- ygement. He has published articles in various journals, including thajournal I f Public Administration Research and Theory and Korean Public Adminis tration Review. Email: jjkI 167@mailer.fsu.edu. 616 Public Administration Review o September /October 2003, Vol. 63, No. 5 in government may lead to political opportunism and rent seeking as actors see private_ gain through public ad- ministration ( Frant 1996; Feiock and Kim 2001). Many Progressive Era municipal reforms were intended to elimi- nate the corruption of machine party politics, often by reducing politicians' ability to deliver particularistic ben - efits, Reform proposals limited elected officials' ability to reward supporters and to punish opponents (Frant 1993; Knott and Miller 1987). From a transaction -cost perspec- tive, these measures were institutional changes that re- placed high -power incentives with low -power incentives (Franc 1996). Progressive Era reforms sought to improve administra- tive efficiency and to break the influence of partisan poli- tics on local decisions (Ostrom, Bish, and Ostrom 1988). The key municipal reform proposal was the council -man- ager form of government, in which an elected council and its employee -the manager --- -have distinct responsibilities that separate the articulation of policy from its execution. Recent findings drawn from several policy areas suggest the institutional rules of the game in reform governments create low -power incentives that emphasize citywide is- sues and constituencies and enhance the role of profes- sional expertise in informing public decisions (Clinger - mayer and Feiock 2001; Feiock and Kim 2001; McCabe and Feiock 2001). The Transaction Cost of Local Governance The form of government embodied in the city charter operates as a constitutional contract that determines the transaction costs experienced by various actors and inter- ests in their efforts to influence public choices (Maser 1985, 1998; Miller 1985). Centralized organizations of all types are distinguished by the broad powers of their leaders to intervene in lower -level decisions (Milgrom and Roberts 1990). Political intervention in policy and administrative affairs has been a primary concern of reformers because it can undercut the security of property rights and contract enforcement (Clingermayer and Feiock 1.997). From the standpoint of business, developers, service suppliers, or other external actors, the uncertainty resulting from politi- cal opportunism makes entering into relationships with local government risky. Elected officials who are wary of displeasing contending coalitions or alliances of constitu- ents may not be able to make credible commitments to important stakeholders. This is a problem of commitment because government leaders themselves wish to be pub- licly constrained from interventions that may promote their short -term electoral interests, but which harm the commu- nity and their electability in the long term. Constraining themselves ahead of time is a positive action that can en- hance efficiency. Paradoxically, the long -run political and economic benefits to elected leaders are secured only by denying themselves short -term political gains. Control of the apparatus of local government can be used to extract political rents that undermine the efficiency of government's actions (Olson 1964; Feiock 2002). Princi- pal —agent approaches argue that efficiency is enhanced when the agent's goals are the same as the principal's. Fol- lowing Schelling (1960), Miller (2000) argues just the op- posite. The usefulness of the agent depends on the agent having preferences and pursuing goals that are quite dif- ferent from the principal. Managers can best pursue the interests of citizens and the council by working toward professional goals rather than the political interests of the voters and the council. There is a value to citizens in a democracy in hiring public managers who have preferences that are dis- tinct from those of citizens themselves. There is a benefit to be derived from training a body of profes- sional bureaucrats who are granted a certain degree of discretion in the exercise of public trust. In the United States, that discretion has been enhanced by the Progressive reform prescription which has pro- vided bureaucrats with a useful myth and protective ideology. The useful myth is that of the politics/ad- ministration dichotomy, and the protective ideology is the ideology of neutral professional competence. Together, these often provide a credible constraint on the efficiency - undermining rent - extraction activi- ties of those in political power, (Miller 2000, 314) The city management profession's commitment to pro- fessional standards and its attachment to the mythology of neutral competence enhance efficiency because they pro- vide bureaucrats with political weapons that can help them fulfill the public trust (Miller 2000, 325). The politics —ad- ministration dichotomy may be no more than a myth, but it provides a structure for governance that is biased against partisan political interference and in favor of professional values and expertise. This is exactly the message of Lineberry and Fowler (1967), who argued that reform institutions in- sulate municipal government from private demands. The council - manager form of government is presumed to allow for greater consideration of long -term interests, and therefore encourages long -term development projects, such as revenue bond - funded infrastructure projects. City man- agers' actions may also be constrained by professional norms embodied by organizations such as the International City/ County Management Association (Nalbandian 1989). Con- versely, the incentive structure of mayor- council government may lead officials to use development policy as a stage to promote personal and political goals. In cities experiencing economic decline, political leaders may maximize electoral support by promoting costly, high -risk development instru- ments such as financial incentives which can provide short- Credible Commitment and Council - Manager Government 617 l� d V� ; term political benefits. In general, mayor- council govern- ment has been regarded as responsive to popular demands and less likely to insulate local decisions from demands and pressures in the community (Lineberry and Fowler 1967; Lyons 1978). Mayor - council government can provide in- centives for the emergence of narrow issues and constituen- cies, place constraints on the role of professional expertise in informing public decisions, and lead local officials to be more attuned to political credit - claiming opportunities (Clingermayer and Feiock 2001; Sharp forthcoming). The Roots of Municipal Reform The municipal reform movement of the late nineteenth and early twentieth centuries left an indelible mark on lo- cal government structure. The origin of municipal reform dates back to the early days of the Progressive movement (Hofstadter 1956). One target of the Progressives was elec- toral influence on bureaucracies, which was linked to in- efficiency and corruption. The movement to reform gov- ernment introduced a number of changes designed to professionalize local government. The crown jewel of mu- nicipal -level Progressive reform was the institution of the council - manager form of government. Progressive reform efforts were rationalized as a re- sponse to the widespread corruption created by the patron- age of urban political machines. The system of patronage politics can be traced to the Andrew Jackson administra- tion and reached its peak toward the end of the nineteenth century. Groups that had been systematically excluded from the political arena coalesced and mounted full- fledged at- tacks against patronage politics (Shefter 1994). The Na- tional Civil Service Reform, formed in the late 1800s, played a major role in influencing the development and passage of the Pendleton Act in 1883. These efforts laid the foundation for the next generation of reformers ---the Progressives, who directed their attention to the local level. Efficiency was the theme of the Progressives; they sought to make local governments more efficient and pro- fessional. Revisionist historians, particularly Richard Hofstadter and Samuel P. Hays, argued the Progressive movement was led by elite, upper -class then of old wealth who had lost power after the Industrial Revolution, when newly rich corporate leaders allied themselves with the urban political- machine bosses. Progressivism, in short, was "led by men who suffered from the events of their time not through shrinkage in their means but through the changed pattern in the distribution of deference and power" (Hofstadter 1956, 135). At the local level, the principal change in government institutions promoted by reformers was the replacement of the mayor - council form of executive government with the council - manager plan. A common set of municipal re- forms was proposed in an effort to create a "nonpolitical, essentially technical organization and management" (Knott and Miller 1987, 3). Municipal reformers believed the best candidates for administrative positions would be those with professional training and technical experience. Council - manager plans essentially abolished the political position of the mayor. Instead, professional administra- tors were hired by municipalities to conduct the daily ex- ecutive decisions to operate the city. If the position of the mayor was not completely eliminated, the mayor was re- duced to little more than a ceremonial figurehead by mak- ing the mayor a part -time position and reducing the vot- ing power of the mayor. Other municipalities also changed their method of electing mayors, so that the city council members were entrusted to select the mayor rather than relying on direct election. In 1912, Sumter, South Carolina, became the first city to adopt the council- manager plan. Over the next two de- cades, Progressive reformers succeeded in changing the forms of government in hundreds of cities across the coun- try (Karning and Welch 1980; Ruhil et al. 1999). While the municipal reform movement originated in the North- east, the movement had its most significant impact in the Southwest. The Progressives had some success in the Northeast, but it was in the racially and economically ho- mogeneous West and Southwest that their goals of profes- sional public management were most fully realized. Ur- ban scholars' focus on the reform attempts in the urban settings of the Northeast, to the neglect of other regions, may have led them to underestimate the true impact of the Progressive movement (Bridges 1997). Opportunism and Local Economic Development Economic development presents a policy arena in which high transaction costs can create a barrier to efficiency, and high -power political incentives are likely to be present. Evaluations of economic development programs report some success in attracting new firms and investment, but these efforts often do not substantially improve employ- ment opportunities in a community (Feiock 1991). This has been especially true for financial incentives, which often are criticized as zero -sum (or negative) transfers or as cor- porate welfare. This raises a question: Why do so many cities aggressively pursue development programs despite their failure to generate jobs? Etripiricai research suggests the answer lies in political opportunism. In cities that face a loss of population or jobs, development policy provides opportunities for elected officials to use certain policy in- struments that allow them to visibly reward loyal constitu- ents or to solidify political support (Wolman 1988; Clingermayer and Feiock 2001). 618 Public Administration Review • September /October 2003, Vol. 63, No. 5 While the form of government is often included as a variable iii expla'nator'y' models of de elop�i'nent policy (Fleischmann, Green, and Kwong 1992; Neiman and Fernandez 1996; Neiman and Lewis 2001), the extant work does not adequately capture whether council-manager gov- ernments insulate citizens from high -power incentives, for two reasons. First, most research treats institutional effects as additive rather than interactive. This specification masks the mediating role of institutions in shaping responses to political and economic forces. Second, the literature often does not differentiate among the policy development in- struments that are employed. This is critical because some instruments (such as financial incentives) provide much greater potential for opportunistic behavior. Each of these issues will be discussed in turn. The Mediating Role of Governance Institutions Rather than directly determining policy and adminis- trative choices, the form of government influences devel- opment decisions through its influences on incentives — and thus the propensity to respond to political and economic changes in a morally hazardous manner. Reformed gov- ernment structures are expected to attenuate the relation- ship between certain economic conditions administrative organizations, and economic development activity —an in- teractive rather than an additive effect. The council -man- ager form of government has long been viewed as a means of insulating local decisions from external political pres- sures (Lineberry and Fowler 1967; Lyons 1978). By insu- lating development processes, council - manager govern- ments provide local officials an opportunity to respond to underlying economic problems and to match development policies to specific needs, rather than simply responding to political pressures for development. While most scholars have examined the additive effects of reform institutions, the literature provides limited em- pirical support for interactive institutional effects on in- strument choice. Sharp (1991) examines how the form of government conditions the link between fiscal stress and the number of financial- incentive programs offered by de- velopment agencies. She found that "the pressure to re- spond to fiscal stress with financial incentives and the adop- tion of many development strategies appears to be negligible in reformed settings [council - manager], but sub- stantial in unreformed settings [mayor- council]" (1991, 142). However, her conclusions are based on a compari- son of bivariate correlation coefficients between distress and policies selected under different forms of government which is inadequate forevaluating conditional relationships (Wright 1976; Aiken and West 1991). Sharp's recent work on local morality policies examines multivariate relation- ships between issue characteristics and policy responses separately for cooi3imunitiea with city managers and may- ors (Sharp forthcoming). She finds that the more politi- cized character of mayor - council government translates into outcomes that are responsive to interest -group activism and mass political pressures. Mayor - council government was found to be more favorable toward entrepreneurial action and its associated credit- claiming opportunities. The fol- lowing section extends this approach to test how govern- ment structure mediates the influence of social economic, and political contexts on cities' choices of development - policy instruments. Instrument Choice and High -Power Incentives In recent years, the public policy and welfare econom- ics Iiterature has directed attention to the specific policy instruments that governments employ to pursue policy goals (Salamon 1989, 2002; Weimer and Vining 1999; Peters and van Nispen 1998). Policy instruments refer to the different means available to governments to achieve a particular outcome. While a growing literature explores how context can affect the choice of policy instruments, most attention has narrowly focused on comparison of markets with public bureaucracies. Moreover, this work has focused on national -level policy, to the neglect of in- strument choices at the local level. Research on the tools of government action has classi- fied a variety of instruments available to address govern- ment and market failures (Hood 1986; Linder and Peters 1989; Salamon 1989; Weimar and Vining 1999; Feiock and Stream 2001). While policy- instrument typologies some- times apply different labels to strategies, each describes generic policy instruments that address the failure of mar- kets or government to efficiently deliver goods or services. A wide array of policy instruments is available for govern- ments seeking to attract economic development. At the aggregate level, economic development programs combine various generic policy instruments and reflect the interests of multiple constituencies. In the analysis that follows, we identify separate policy instruments as interventions with unique implications resulting from distinct institutional contexts and opportunity structures. Several distinct types of policy instruments character- ize economic development policy. These include loan pro- grams that provide or guarantee funding to private firms to support development; incentive programs to subsidize new development through supply -side tax incentive policies; business attraction, which consists of promotional activi- ties to advertise a community as a desirable place for in- vestment; regulatory reform, which seeks to streamline the development approval and permitting processes; and land Credible Commitment and Council - Manager Government 619 i�� management, which seeks to organize, assemble, and man- age land to be used for new development. to addition, his- toric preservation, infrastructure, and aesthetic improve- ments can be coordinated with development goals to make a community more attractive to investors. While all seek to enhance economic growth, each policy instrument has a unique political economy (Salamon 1989) and varies in terms of cost, visibility, targetedness of benefits, and other potentially salient dimensions. We contend that the desir- ability of various instrument choices reflects the incentives created by specific institutional arrangements for local governance. The political incentives of mayors and council mem- bers to gain reelection can result in policy - instrument choices that are inconsistent with the interests of the me- dian voter. The costs of financial incentives are diffuse or are borne by groups that are not politically mobilized. On the other hand, the benefits of economic development are often highly visible and provide politicians with opportu- nities to claim credit and reward specific constituents or supporters that provide instrumental political resources. This can give local officials a short-term incentive to pur- sue growth through these instruments, even when the eco- nomic costs exceed their benefits (Feiock 2002). Reese and Fasenfest (1996) explicitly link this moral - hazard prob- lem with development competition: "An increasingly in- tense and destructive competition results in incentive pack- ages that become remarkably similar. As in any auction market, the highest bidder wins. Because it is the commu- nity (defined as its residents), not the actual bidder (the local government officials or planners), who pays, the scope for moral hazard is wide. Elected officials `buy' jobs at any price with other people's money, because this is both the scientifically recommended course of action and the self- interested means to retain their own jobs" (1996, 200). Previous work has found that economic and demo- graphic forces —such as income, poverty, population change, owner occupancy, and previous development—can be linked with political and organizational factors -- -such as the locus of development policy, debt, and the use of strategic planning —to aggregate economic development policy activity (Sharp 1991; Feiock and Kim 2001). To examine the implications of government form for specific instrument choices, we observe the influence of these po- litical and economic forces on communities' reliance on specific policy instruments in both mayor - council and coun- cil- manager cities. Analysis Extant work almost exclusively focuses on the aggre- gate number or level of policy tools or programs relied upon at a specific point in time. This static approach is problematic because it cannot test dynamic explanations.,' of policy changes. A panel design that controls for devel- opment policies in place five years earlier is employed to address this design limitation. Policy instruments used in 1984 and 1989 were examined for the same sample of cit- ies. Cities' use of various development strategies were iso- lated by merging city level data from 1984 and 1989. This allows estimation of the use of economic development strat- egies and specific strategies in 1989, controlling for past use of these policy instruments. The effects of bureaucratic arrangements on develop- ment policy adoption were tested using data from surveys conducted by the International City/County Management Association (ICMA). In 1984 and 1989, the ICMA sur- veyed more than 2,000 local governments regarding their economic development policies and programs (Farr 1990). The ICMA surveys encompass a wide array of develop- ment policy tools adopted during this period. Many of the questions on the 1984 survey were replicated in 1989. In- formation on the use of specific development programs in both years for 516 cities was obtained. This represents 53.4 percent of the 1989 respondents.' During the late 1980s, the U.S. economy experienced major structural change that caused cities to become in- creasingly innovative, active, and competitive in their use of economic development. The survey reported the use of various strategies and the specific policy programs or tac- tics employing a particular strategy. For each strategy or instrument, we coded programs 0 if it was not used and I if it was used, and we sum the programs within each strat- egy for each year. The specific programs used in 1984 within each of the 12 categories reported for the subsample of 1984 respondents included in our panel were factor - analyzed to identify whether the strategies delineated on the 1CMA survey constitute unique policy instruments (Fleischmann, Green, and Kwong 1992). Eight of the 12 strategies were unidimensional and consistent with the full sample. Revitalization activities were eliminated from fur- ther analysis because questions on specific programs were not replicated on the 1989 survey. The remaining seven strategies constitute unique policy instruments that cities employ to promote development. Additive indices of the number of programs used each year were constructed for these seven strategies. Summary statistics for these strategies in 1984 and 1989 are presented in table 1. Even though the mean number of development programs used in 1989 increased only a small amount from 1984, this masks substantial variation in the use of specific strategies. The use of regulatory reforms and historic preservation for development purposes de- clined between 1984 and 1989. On the other hand, more aesthetic improvement programs, land management, busi- ness attraction and retention programs, and financial and 620 Public Administrotion Review • September /October 2003, Vol. 63, Igo. 5 Table 1 Mean Policy Instruments for Economic Development, 1984 and 190 Policy instruments Wikoxon signed 1984 1989 ranks test Mean N Mean N Z -score Signiti- canto Loan incentives program .392 513 .806 515 8.495 .00 Financial incentives .795 513 1.136 515 5.433 LO Business attraction /retention 1.643 512 3.118 515 15.269 .00 Regulatory reform 2.633 510 1.544 513 4.762 .00 Development land management 2.070 510 3.814 515 7.09 .00 Historic preservation 2.881 511 .763 515 12.953 .00 Aesthetic improvements 2.027 513 2.248 515 6.973 .00 Total development instruments 16.17 490 16.35 513 .184 ,854 loan programs were reported in 1989. In addition to com- paring mean differences, a Wilcoxon signed ranks test was used to evaluate differences between the 1984 and 1989 samples. This nonparametric statistic identifies differences across two related samples (Siegel and Castellan 1988). As table 1 shows, significant differences exist across the two samples. However, even though the use of specific policy instruments changed, the total number of programs remained relatively stable. While these data indicate the extent to which a particu- lar policy instrument has been employed, they do not mea- sure resource efforts. Nevertheless, the use of particular development programs and strategies, even if unaccompa- nied by extensive resource commitments, provides signals to external actors about the business climate which can reduce transaction costs (Mintrom and Ramsey 1995). The use of these development strategies was examined based on the form of government and the factors previously I inked to development policy. The form of government was clas- sified as mayor - council (coded 0) or council - manager (coded 1). For each equation that estimated development policy strategies in 1989, the number of programs used in 1984 was included as a lagged dependent variable. Empirical models were specified to include the factors empirically linked to development policy in previous re- search. The 1984 ICMA survey collected information on whether the locus of organization for development policy is public or private. The locus of development was coded 0 if a quasi- public or private organization led development promotion efforts, and coded 1 if a government organiza- tion led those efforts. An indicator of whether the local government had officially adopted a strategic plan for eco- nomic development as reported in the 1984 survey was added.' In addition, indicators of cities' economic condi- tion and population characteristics were included. Respon- dents to the 1984 ICMA survey assessed whether the eco- nomic base of the community had experienced rapid expansion (greater than 25 percent); moderate growth (10 percent -25 percent); slow growth (greater than 10 percent); no significant growth or decline; modest de- cline (less than i0 percent); or significant de- cline (greater than 10 percent) over the previ- ous five years. Population growth or decline was measured as the percent population change between 1970 and 1980. We expect economic and population decline to result in increased economic development activity, par- ticularly for incentive programs under mayor - council government. Personal income, the per- centage of the population below the poverty level, owner occupancy, and per capita mu- nicipal debt were also included to capture eco- nomic needs or demands. Larger cities are also expected to adopt more programs, both because of their diversity of resources and the pressures to do so (Flcisch- man, Green, and Kwong 1992; Neiman and Fernandez 1996; Neiman and Lewis 2001). Metropolitan status, based on whether a community is a suburb, was coded 1, and central cities and independent cities were coded 0. Because suburbs benefit from the dispersion of activity within met- ropolitan areas and have less need to promote growth, we expect less development policy activity in suburban com- munities. An indicator of whether cities are located in the Sunbelt South and West census regions was also included. Table 2 reports ordinary least squares estimates for re- liance on each of the seven development strategies for mayor - council and council- manager cities. While the im- pact of most variables is consistent across government types, we find important differences in the direction and magnitude of certain factors in mayor - council and coun- cil- manager government. To test whether the slopes for the mayor - council models are different from the council - manager models, we compared full models with interac- tion terms, allowing different slopes within each type of city with restricted models that had the restriction that the slopes for each type of city were equal. The F -test, which compares explained variance in the restricted and unrestricted models, was statistically significant for each equation.' For cities with mayor - council government, economic factors were important in distinguishing policy instrument choices. When financial incentives, which provide the greatest potential for opportunistic behavior, were com- pared with the other instruments, dramatic differences were found. The proliferation of financial incentive pro- grams is related to decreased population, declining eco- nomic base, and low median incomes. Income had an in- verse relationship with the use of each of the development strategies in mayor- council cities, and this relationship was statistically significant for loans, financial incentives, and business attraction. Lower median income encour- aged mayor - council cities to be more active in their choice Credible Commitment and Council- Manager Government 621 Table 2 Estimates of Development Instruments Adopted for Mayor - Council and Council - Manager Cities of development instruments. Debt also had a significant negative effect on development policy instruments which was not evident in council - manager cities. Where local government played the lead role in development, the re- sult was greater overall use of business - attraction and land - management instruments. While the locus of devel- opment was important under mayor - council government, it made no difference to policy choices under the coun- cil- manager system. The results for council - manager cities differed in sev- eral respects. Population and population change generally had less effect in council - manager than in mayor- council communities, The form of government dramatically af- fected the relationship between population and economic decline on the use of financial incentives. That is to say, population and economic decline led to the use of more financial incentives in mayor - council cities, but these ef- fects were completely absent in council - manager commu- nities. Mayor - council and council- manager cities also di- verged with regard to the influence of poverty. In council - manager communities, financial incentives were more likely in the context of population growth, not decline. Moreover, low income levels and economic decline did not stimulate the use of financial incentives. The proportion of the population below the poverty level was positively related to several development programs in council - manager cities, but not in mayor - council cities. Perhaps development activities are used as an alternative to redistribution in council- manager cities (Tao 2001). Per- haps the most interesting institutional finding to emerge regards strategic plans: The presence of a strategic plan had no effect under mayor - council government, but it in- fluenced several development strategies under council - manager government. The influence of strategic planning on development was in different directions depending on the particular strategy. Strategic plans led to less use of financial incentives, but greater use of loan and business- attraction strategies in council - manager cities. This dis- criminating effect is consistent with the goals of strategic planning. Discussion Our results suggest that the form of government makes an important difference in the choice of policy instrument. In understanding how the institutional reforms of the Pro- gressive movement reduce transaction costs and high - power incentives, we examined the interactive or mediat- 622 Public Administration Review • September /October 2003, Vol. 63, No. 5 Loan policies Financial incentives Business attraction Regulation reform Land management Historic preservation Aesthetic improvement Mayor- Manager- Moyor- Manager- Mayor- Manager- Moyor� Manager- Mayor- Manager- Mayor- Manager- Mayor- Manager - council council council council council council council council council council council council council council Policy .376" .301 " 0.0384 .144' .321 " 298" .027 .175 .225' .109' .164" .152" 361 - 210" 1984 ( -2.59) ( -3.64) ( -.32) ( -2.15) ( -2.85) ( -4.09) ( -.22) ( -3.28) ( -2.17) 1 -2.09) ( -3.44) ( -5.62) ( -2.94) (-3.15) Population .0005 .0011 .0074 .0025' .0207" -.0005 .0085' .0035" .0014 .0041 .0017 .0011 .001 .0017 (1.19) ( -.81) ( -1.6) ( -1.67) ( -4.12) ( -.24) (- -1.66) (-2.17) (434) ( -1.13) ( -,45) ( -.90) ( -1.38) ( -.79) Population .0265 .0285 - 2.240' .091 4.676 .0168 5.371 -.0198 1,970" .0265 3.279 -.0118 1.232 0299 change ( -.89) ( -1.34) ( -1.64) ( -.37) ( -1.16) ( -.56) ( -1,31) ( -.77) ( -2.4) ( -.49) ( -.101 1-.62) ( -,21) ( -,84) Economic -.63 .0637 .3798' -.0094 - -.0495 -.0107 -.092 - -.0299 -.12 -.197" .110' .0327 -.0235 -.0517 decline ( -J6) ( -1.62) ( -1.87) ( -.19) ( -,49) ( -17) ( -.87) ( -.55) ( -,59) (-1.80) ( -1.8) ( --,85) (-.16) ( -.71) Poverty - .0625" .0356' -.0209 .0293 -.0644 0479' .0123 .0149 -.016 .0239 -.0197 .0453" .031 .0405 ( -1.75) ( -2.08) ( -.48) ( -1.46) ( -1.38) 1- -1.981 ( -.23) ( -.69) ( -.17) ( -.52) ( -.52) ( -2.86) 1--.45) ( -1.37) Median - .099" -.0013 - ,0642 -.0026 - 1.614 " -.0374 -.0517 -.0048 -.0079 -.0036 .0329 .0011 -.0188 -.0011 income ( -2.79) ( -.091 ( -1.72) ( -1.43) ( -3.49) (-1.63) t -1091 ( -.24) ( -.86) ( -.87) ( -.90) ( -77) ( -.28) ( -39) Government .117 .113 .376 .0687 .488' .0415 .288 .0915 .785' 0344 .0525 .019 .338 .0767 locus ( -0.56) ( -.951 ( -1.51 ( - .48) ( -119) ( -.241 ( ( -.61) ( -1.92) ( -.111 ( -,02) ( -.17) ( -.85) ( -.37) Strategic -.234 .185' .109 -,497' -.297 .199' .008 -.125 -.192 -152 -.0618 -.0636 -.0685 .0188 plan ( -1.09) (- -1.96) ( -.42) ( -1.85) ( -1.02) ( -1.76) ( -•01) ( -.83) ( -.33) t --.48) ( -.28) ( -.59) ( -.16) ( --.09) Suburb -.440' -.217 -.481 -.0057 -.362 - .667" -.139 -.0298 -.529 -.419 .143 - -.263' .137 -.0936 ( -1.67) ( -1.55) ( -1.521 ( -.34) ( -1.06) ( -3.18) ( -.39) ( -.16) ( -.76) ( -1.12) ( --.52) (- -1.94) ( -.27) ( -.38) Sunbelt --.119 - 306 .686" -.0733 .252 -,296 -.152 .336" .479 .549' .0098 .11 .346 .331 ( -.49) ( -2.51) (- -2.29) (--.511 ( -.77) ( -1.67) ( -.448) ( -2.19) ( -.72) ( -11) ( -.03) ( -,97) ( -14) ( -1.581 Debt -.0489 .0545" - -.0682 .0283 .1042 .0259 -.0083 .001 - .0603' .0021 - .0321 " -,0041 - .0487" .0022 ( -.42) (-2.84) ( -,49) ( -1.08) ( -.70) ( - .80) ( - .55) ( -.36) (- -1.98) ( - .35) ( -2.77) ( -.20) ( -2.23) ( -.57) Owner 0.0089 -.0036 .01791 .0075 .0213' .0 129' -.0108 .0107 -.0306 .0128 -.0058 .0763 -.0188 .0666 occupancy ( -.91) ( -.69) ( -1.51) ( 4191 ( -1,68) ( -1.66) (- -.81) (- -1.55) ( °1.18) ( -,89) ( -.56) ( -1.511 ( -.99) ( -.71) Constant 2.655 .599 .651 .812 4.214 2.742 1.552 -42 6.83 3.486 1.089 -.647 2.282 .994 N 98 343 98 343 99 341 97 341 99 340 97 342 98 343 Adjusted R .35 .21 .24 .09 ,44 .22 .12 .09 .27 .08 .37 .2 .26 .08 Nate: t ore in parentheses; 'signi ficant at .05 with 1 tail test "significant ai ,01 with 1 tail test of development instruments. Debt also had a significant negative effect on development policy instruments which was not evident in council - manager cities. Where local government played the lead role in development, the re- sult was greater overall use of business - attraction and land - management instruments. While the locus of devel- opment was important under mayor - council government, it made no difference to policy choices under the coun- cil- manager system. The results for council - manager cities differed in sev- eral respects. Population and population change generally had less effect in council - manager than in mayor- council communities, The form of government dramatically af- fected the relationship between population and economic decline on the use of financial incentives. That is to say, population and economic decline led to the use of more financial incentives in mayor - council cities, but these ef- fects were completely absent in council - manager commu- nities. Mayor - council and council- manager cities also di- verged with regard to the influence of poverty. In council - manager communities, financial incentives were more likely in the context of population growth, not decline. Moreover, low income levels and economic decline did not stimulate the use of financial incentives. The proportion of the population below the poverty level was positively related to several development programs in council - manager cities, but not in mayor - council cities. Perhaps development activities are used as an alternative to redistribution in council- manager cities (Tao 2001). Per- haps the most interesting institutional finding to emerge regards strategic plans: The presence of a strategic plan had no effect under mayor - council government, but it in- fluenced several development strategies under council - manager government. The influence of strategic planning on development was in different directions depending on the particular strategy. Strategic plans led to less use of financial incentives, but greater use of loan and business- attraction strategies in council - manager cities. This dis- criminating effect is consistent with the goals of strategic planning. Discussion Our results suggest that the form of government makes an important difference in the choice of policy instrument. In understanding how the institutional reforms of the Pro- gressive movement reduce transaction costs and high - power incentives, we examined the interactive or mediat- 622 Public Administration Review • September /October 2003, Vol. 63, No. 5 ing effect for council - manager government, not its addi- tive effect. The findings demonstrate that government struc- ture mediated the effect of political and economic condi- tions on development policy. Council- manager government constrains administrative officials' opportunistic behavior by substituting low -power bureaucratic incentives for high - power electoral incentives. The Progressive ideology of the separation of politics and administration, which has been institutionalized in the council- manager plan, allows administrators and elected officers to resist opportunistic behavior. The forth of government interacts with economic forces to shape development policy. While population and me- dian income are more important influences on develop- ment policy in mayor - council cities, poverty and owner occupancy are more powerful forces in council- manager communities. It is notable that the divergence between the influence of population and economic decline on develop- ment activity in council - manager and in mayor- council communities is greatest for financial incentives. This strat- egy includes tax - exempt Bonds, cash contributions, and deferred tax payments, which are some of the most costly and controversial development programs. Despite their questionable effectiveness, they may be politically advan- tageous because they provide targeted and visible benefits. In mayor - council cities, the use of financial incentives is strongly linked to declines in population and economic base, yet financial incentives are unaffected by these eco- nomic declines in council - manager systems. This analysis brings new evidence about the role of gov- emment institutions in local economic development. The credible constraint of morally hazardous or opportunistic behavior can enhance efficiency in development policy. Our results highlight the value of measuring the specific tools or policy instruments that communities employ to promote economic development, rather than using a measure of aggregate development policy activity. Our findings also have implications for the role of stra- tegic planning in local government. The influences of stra- tegic planning on development policy were evident in council- manager cities, but not in mayor - council com- munities, and the direction of the effects of strategic plan- ning depended on the particular strategy. Strategic plans led to lower levels of financial incentives, but more loan and business - attraction policies. This discriminating ef- fect may enhance the rationality of development deci- sion making by facilitating selection among policy strat- egies and options, as opposed to indiscriminate prolif- eration of all instruments with development as their goal. Strategic plans constrain development programs and may institutionalize professional - development norms (Kemp 1993). The differences reported here indicate that strate- gic development plans are more effective in discriminat- ing among development strategies under council - manager systems of government. Finally, this article has argued that the separation of administration from electoral control enhances efficiency because it removes high -power incentives for executives, reduces transaction costs, and makes commitment more credible for elected officers. If this argument has merit, the city management profession and scholars of local in- stitutions may be too sanguine about the movement to- ward adapted cities in which council- manager governments alter the architecture of local institutions by adding a di- rectly elected mayor (Frederickson and Johnson 2001). For several generations, social scientists have bemoaned the fact that reformed institutions are intended to make government less responsive to citizens. This may be one reason for the success of the adapted model; it makes the council - manager form more political. The analysis pre- sented here suggests this may be an unacceptable trade -off if one values efficiency in local government institutions. In the economic development arena, nonreformed cities are more responsive, but the price of responsiveness is high: It results in costly development choices that are largely symbolic and ineffective at the ostensible purpose of cre- ating jobs. In this context, the ICMA's endorsement of adapted city charters is difficult to understand. Perhaps the popular legitimacy of council- manager government has been secured at the price of undercutting the institutional incentives that make this form efficiency enhancing in the first place. Acknowledgments An earlier version of this article was presented at the Paul Van Riper Symposium of the annual meeting of the American Society for Public Administration, March 23, 2002, Phoenix, AZ. This work was supported by the DeVoe Moore Center, Pro- gram in Local Governance at Florida State University and the Seoul National University of Technology Research Fund. Credible Commitment and Council - Manager Government 623 r;' j Notes While more recent survey data are available from ICMA, the surveys conducted in the 1990s had a substantially reduced response rate. Some regional bias has been demonstrated in the ICMA surveys (Fleischmann, Green, and Kwong 1992). Our panel of respondent cities underrepresents the Northeast by 13 percent and overrepresents the West by 7 percent (see Feiock and Kim 2001 for a more detailed description of this data set). 2. Cities that use strategic planning are expected to adopt fewer costly financial incentives than their less discriminating com- petitors (Flesichmann, Green, and Kwong 1992, 680). How- ever, limited evidence suggests that cities with a strategic plan used more, rather than less, development incentives than cit- ies without one (Flesichmann, Green, and Kwong 1992). Nevertheless, this may indicate that cities with a larger num- ber of incentives in the first place adopt a strategic plan to manage their development efforts, rather than strategic plans encouraging the nondiscriminatory adoption of multiple de- velopment instruments. By constraining the range of policy options considered, strategic planning should lead to more rational development decision - making processes. For this reason, we expect strategic plans to encourage the expansion of some development strategies but discourage the use of oth- ers, particularly the use of costly financial incentives. We modeled the interactions between the form of govern- ment and the independent variables in two ways. First, we estimated our models separately for each form of govern- ment to examine differences in the coefficients for each of the independent variables under each form of government. Second, we estimated an unrestricted model for all cities which included interaction terms for the products of coun- cil- manager government form and each independent vari- able in the model. This allowed us to test whether differ- ences in the effects of the political and economic factors under each form of government are statistically significant. A full model that included interaction terms and allowed different slopes for each type of city was compared with the restricted models from column t, which had the restric- tion that the slopes for each type of city are equal. The F- test, which compares explained variance in the restricted and unrestricted models, was statistically significant, as were interaction terms for population, population change, pov- erty, and strategic planning. References Aiken, Leona S., and Stephen G. West. 1991. Multiple Regres- sions: Testing and Interpreting Interactions, New York: Sage Publications, Bridges, Amy. 1997. Morning Glories: Municipal Reform in the Southwest. Princeton, NJ. Princeton University Press, Clingermayer, James, and Richard C. Feiock. 1997. Leadership Turnover, Transaction Costs, and External Service Delivery. Public Administration Review 57(3): 231 -40. 2001. Institutional Constraints and Policy Choice: An Exploration of Local Governance. Albany, NY: State Univer- sity of New York Press, Farr, Cheryl. 1990. Encouraging Local Economic Development: The State of Practice. In The Municipal Yearbook 1990, 15-- 29. Washington, DC: International City/County Management Association, Fciock, Richard C. 1991. The Effects of Local Economic Devel- opment Policy on Economic Growth. American Journal of Political Science 35(3): 343 -55. 2002. A Quasi - Market Framework for Local Economic Development Competition. Journal of Urban Affairs 24(2): 123 --42, Feiock, Richard C., and Jaehoon Kim. 2001. Form of Govern- ment, Administrative Organization, and Local Economic De- velopment Policy. Journal of Public Administration Research and Theory 11(1): 29-49. Feiock, Richard C., and Christopher Stream. 2001. Environmen- tal Protection and Economic Development: A False Trade - Off"? Public Administration Review 61(3): 272 -80, Fleischmann, Arnold, Gary P. Green, and Tsz Man Kwong. 1992, What's A City to Do? Explaining Differences in Local Eco- nomic Development Policies. Western Political Quarterly 45(3): 677 -99. Frant, Howard. 1993. Rules and Governance in the Public Sec- tor: The Case of Civil Service. American Journal of Political Science 37(4): 990 -1007. 1996. High -Power and .Low -Power Incentives in the Public Sector. Journal of Public Administration Research and Theory 6(3): 365- -81. Frederickson, H. George, and Gary Alan Johnson. 2001. The Adapted American City: A Study of Institutional Dynamics, Urban Affairs Review 36(6): 872 -84. Hofstadter, Richard. 1956. The Age of Reform: From Bryan to FDR. New York: AIfred A. Knopf. Hood, Christopher. 1986. The Tools of'Governmenr. Chatham, NJ: Chatham House Publishers. Kaming, Albert, and Susan Welch. 1980. Black Representation and Urban Politics. Chicago, IL: University of Chicago Press. Kemp, Roger L., ed. 1993. Strategic Planning for Local Gov- ernment: A Handbook for Officials and Citizens. Jefferson, NC: McFarland and Co. Knott, Jack H., and Gary J. Miller. 1987. Reforming Bureau- cracy: The Politics of Institutional Choice. Upper Saddle River, NJ: Prentice Hall, 624 Public Administration Review • September /October 2003, Vol. 63, No. 5 Linder, Stephen H., and B. Guy Peters, 1989. Instruments of Covernmenf_ Perceptions aicd Cuittext. JodL /ital Of f Pub! Policy 9(1): 35 -58. Lineberry, Robert L., and Edward Fowler. 1967. Reformism and Public Policies in American Cities. American Political Sci- ence Review 61(3): 701 -16. Lyons, William. 1978. Reform and Response in American Cit- ies: Structure and Policy Reconsidered. Social Science Quar- terly 590): 118 -32. Maser, Steven M. 1985. Demographic Factors Affecting Consti- tutional Decisions: The Case of Municipal Charters. Public Choice 47(2): 121 -62. 1998. Constitutions as Relational Contracts: Explain- ing Procedural Safeguards in Municipal Charters. Journal of Public Administration Research. and Theory 8(4): 527-64. McCabe, Barbara, and Richard C. Feiock. 2001. State Rules and City Money. Working Paper Series. Cambridge, MA: Lincoln Institute for Land Policy. Milgrom, Paul, and John Roberts. 1990. Bargaining Costs, in- fluence Costs, and the Organization of Economic Activity, In Perspectives on Positive Political Economy, edited by James Alt and Kenneth Shepsle, 57 -89. Cambridge, UK: Cambridge University Press, Miller, Gary. 1985. Progressive Reform and Induced Institutional Preferences. Public Choice 47(2): 163 -81. . 2000. Above Politics: Credible Commitment and Effi- ciency in the Design of Public Agencies. Journal of Public Administration Research and Theory 10(2): 289 --327. Mintrom, Michael, and Lucinda Ramsey. 1995. State Policy Sig- naling and Finn -Level Employment Decisions. Paper pre- sented at the Annual Meeting of the American Political Sci- ence Association, March 30 -April 2, Chicago, IL. Nalbandian, John, 1989. 'I'he Contemporary Role of City Man- agers. American Review of Public Administration 19(4): 261- 77. Neiman, Max, and Kenneth Fernandez. 1996. Dimensions of Economic Development Policy in Southern California Cit- ies. Paper presented at the Annual Meeting of the Western Political Science Association, March 14-16, San Francisco, CA. Neiman, Max, and Paul Lewis. 2001. Institutional and Contex- tual Models of Local Policies to Shape Urban Development. Paper presented at the Annual Meeting of the Midwest Politi- cal Science Association, April 3--7, Chicago, IL. Olson, Mancur. 1964. The Logic of Collective Action: Public Goods and the Theory of Groups. Cambridge, MA: Harvard University Press. Ostrom, Vincent, Robert Bish, and Elinor Ostrom. 1988. Local Government in the United States. San Francisco, CA: Insti- tute for Contemporary Studies. Peters, B. Guy, and Frans K.M. van Nispen, eds. 1.998. Public Policy Instruments: Evaluating the Tools of Public Adminis- tration. Northampton, MA: Edward Elgar. Reese, Laura A., and David Fasenfest. 1996. More of the Same: A Research Note on Local Economic Development Policies over Time. Economic Development Quarterly 10(3): 280 -89. Ruhil, Anirudh V.S., Mark Schneider, Paul Teske, and Byung- Moon Ji. 1999, reinventing Local Government, Urban Af- fairs Review 34(3): 433 -55. Salamon, Lester M. 1989. Beyond Privatization: The Tools of Government Action. Washington, DC: Urban Institute, 2002. The Tools of Government. Oxford, UK: Oxford University Press. Schelling, Thomas, 1960. The Strategy of Conflict. Oxford, UK: Oxford University Press. Sharp, Elaine B. 1991. Institutional Manifestations ofAccessi- bility and Urban Economic Development Policy. Western Political Quarterly 44(l): 129-47. Forthcoming. Explaining Urban Officials' Response to Morality Issues: An Expanded Look at the Institutionalist Explanation. Political Research Quarterly. Shefter, Martin. 1994. Political Parties and the State: The Ameri- can Historical Experience. Princeton, NJ: Princeton Univer- sity Press, Siegel, Sidney, and John N. Castellan, Jr. 1988. Nonparametric Statistics for the Behavioral Sciences. New York: McGraw - Hill. Tao, Jill, 2001. The Role of Denial in Access to Targeted Poli- cies: A Quasi - Experimental Analysis of Florida's Enterprise Zones. Paper presented at the Annual Meeting of the Mid- west Political Science Association, April 3 -7, Chicago, IL. Weimer, David, and Aidan Vining, 1999, Policy Analysis: Con- cepts and Practice. 3rd ed. New York: Prentice Hall. Williamson, Oliver, 1988. The Logic of Economic Organization. Journal of .Law, Economics and Organization 4(i): 65 -93. Wolman, Harold, 1988. Local Economic Development Policy: What Explains the Divergence between Policy Analysis and Political Behavior? Journal of Urban Affairs 10(1): 19 -28. Wright, Gerald C., Jr. 1976. Linear Models for Evaluating Con- ditional Relationships. American Journal of Political Science 20(2): 349 -73. Credible Commitment and Council - Manager Government 625 Copyright of Public Administration Review is the property of Blackwell Publishing Limited. The copyright in an individual article may be maintained by the author in certain cases. Content may not be copied or emailed to multiple sites or posted to a listsery without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. e Ouffato Common Council MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (715) 851 -5T69 a FAX: (716) 851 -4294 E-mail: mkearnsBcity- buffalo.com MEMORANDUM TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: December 31, 2008 Y l: Waterfront Hotel Plans C HAIRMAN FINANCE WATERFRONT DEVELOPMENT COMMITTEES BUDGET BURA CIVIL SERVICE CLAIMS RULES LEGISLATIVE ASSISTANTS MARTFIA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER I would like to file the attached information for the next Common Council meeting to be held on January 6, 2009. Thank you. "For the People' t L, ,r 0 ~`° AID. Buffalo /WNY R Chapter of the American institute of Architects December 31, 2008 Honorable Michael Kearns Co lartCiln"tatl Chairman Waterfront Committee 1401 City Hall Buffalo, New York, 14202 Re: Waterfront hotel flans Dear Councilman Kearns, The American Institute of Architcctsl Buffalo; VvNY Chapter has been watching with interest the ongoing controversy regarding the Buffalo Urban Renewal Agencies' approval of tile James W. Pitts Properties and Developments Companies proposal fill the 100 morn Wingate Inn at the Brie Basin Mat n It is our opinion that the controversy regarding tine approval of this project is well founded. As arehitccts, we hold a professional responsibility to protect, preserve and improve the duality of our built environment. This is particularly important in out' fair city with its incredible architectural heritage and the, so far, unrealized potential of our geographical assets, specifically our waterfront and our location as sa major international border. The recent decisions by the Buffalo Urban Renewal Agency to approve this proposal, especially ill light of the City Planning Depatiments own admission that the Rl was "flawed" is very disturbin- The Erie Canal Harbor Plan is finally moving forward and progress is being made on the reconnection of the city to the waterfront. Approving this aptly labeled "suburban style" hotel development is completely inappropriate a, counterproductive and sets a poor standard for the development of our cities" urban waterfront. We €pplaud the mcmbers of the City Council and other opponents of this development, who are calling for a rejection of this mediocre proposal. The idea of getting a "doable" project, at the expense of the long terns development goals of oau• city, flies in the face of any kind of reasonable design and planning processes. An ill-conceived, poorly designed building oil a preruier development site will negatively affect the l:uture ofour water front for decades to Come. Ifwe earl be of service in resolving; tlris issue, please fCCI free to contact u5. - .— a � L COMMITTEE [ rendec;n e ��..,I Paul L• I e f Presiilcatt,AIAI3uttalo" N�' `t' 1 0 )P EN T T 1� 3 I AIA Buff lo/WNY 3500 Main Street Ste 130 Buffalo, NY 14226 r 4 ..3 `i.iJ 1✓ d tr: ir: + .s CI✓ -U i i 1 11 t �J t l �Lli L! l� 11 L 11 City of Buffalo DEMONS A. SMITH MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 P1 iONE: 851-5145 • FAX: 851 -5443 E -mail: dsrnitb "city- buffalo.corn Website: littp: / /www.city- buffilo.coin December 29, 2008 Gerald Chwalinski City Clerk 1308 City Hall Buffalo, NY 14202 LEGISLATIVE ASSISTANTS CI IANTEL I iOUS Tml JENF EUBANKS C HAIRMAN E:D[JCA MINORITY 1311SINLsS ENTERPRISE, COMMITTEES C ommt1N y DLVEI_oPMENT Dear Mr. Chwalinski: Please file the enclosed information to Council Member f;rancr.yk regarding the environmental impact statement. Thank you for your attention to this matter. I 'there is any a question or concerns, please do not hesitate to contact me directly. SiF e Ay, Demone Smith Masten District Council Member Cc: Richard Fontana, Majority Leader, Common Council f.. Nov. 29, 2008 Pear Mr. Smith, My name is Fran Lucca, (Francis b:), the owner of a home at 790 Columbus Pk►vy. which is in the impact area of the Proposed Peace Bridge Expansion Flan. My wife and I need your help desperately. The enclosed statement will outline our dilemma clearly. You and your fellow council members hold our lives in balance We urge you to approve the environmental impact statement awaiting your decision. It is my understanding such action will make way for the issuance of a Record of Decision, which will allow the PISA to purchase our property. I would appreciate a response indicating you have viewed our plea, and welcome anp comment. yours, Praia Luc, 7U 716 87.3 2537...PO Box 585 P.uffalo, NY 14217.....luc 79fkq,)verizon.net } ON EFE ad per COM WITTEE COMMUNITY DEVELOPMENT, 1 It's time to set the record straight. In recent months we have been inundated with insults, misstatements and outright lies in the media by selfish individuals and organizations bent on preventing the Peace Bridge Expansion Project from becoming a reality. For the record, our family homestead at 790 Columbus Pkwy is now one of the 83 properties impacted by the expansion plan. But that wasn't always the case. My wife and I moved into the home a decade ago upon the death of my parents, Mariano and Clara, for whom we had been caregivers. It was known as 7 Street then, between Vermont and Rhode Island streets. However, in honor of my father, who was instrumental in Columbus Day becoming a national holiday, the Buffalo Common Council renamed the street Columbus Pkwy. And Connecticut street was renamed Columbus Pkwy West. It became Apparent in Oct. of 2006 that this spacious home was becoming a problem for us, health wise. We were very much in the Senior Citizen category. We put the house on the market, found a buyer in May of 2007, and were fortunate to purchase a small ranch home in the Town of Tonawanda. At that time the Shared Border Management plan, whereby our Custom, Immigration and Toll collection agencies would move to Canada, was a certainty. Our home was not included in the plan. The day we were to sign our home over to new owners, Homeland Security Secretary Chertoff came to town and announced the move to Canada was cancelled, and our block was to be added to the plaza expansion project. It's been a nightmare for the past two years. Two homes, double taxes, utilities, etc. We need help—now. Preventing us from getting on with our lives and selling our home to the PBA is the Buffalo Common Council, who has to OK an environmental study, and the selfish obstructionists, many of whom, live a distance from the impacted area. The lies, distortions, and misstatements have appeared in letters to the editor, other news print and in TV sound bites. Here are some examples. The 83 homes and businesses in the proposed plaza expansion project are not and never have been in the Prospect Hill Historic District as reported to the media and before the Common Council. In a legal ruling request to Common Council Members, three dissident neighbors stated that the Peace Bridge fought vigorously against our property becoming listed on the National Register of Historic Places. Never have I ever sought such a distinction, nor has the Peace Bridge ever addressed such an issue. The historic Columbus Artifacts my late l r' father had enshrined in his home were donated to the city by my wife and I. On 1112319$ his Columbus Museum was accepted at a dedication ceremony at .D'Vouville- Porter Campus School; #3 on Porter Ave. opposite the Columbus Monument in Columbus Park, where they are still on display. Still another obstructionist making statements to the media in front of our home condemning those of us willing to sell our homes to the PBA was a woman who lives blocks away from the impacted area. She failed to mention that on May 1.3, 1998 she willingly sold her Busti Ave. home to the Peace Bridge for $173,000. Check the assessment on that property and you can see how good a deal she got from the PBA. And she has the audacity to prevent us from selling our home to the Peace Bridge? The media have mentioned the homes on Busti Ave, purchased by the PBA ten years ago, as being in horrible condition and in need of demolition .Yes they are. My question is.. Wasn't there a legal agreement made back in 2004, signed by Mayor Masiello the Chairman of the Peace Bridge Board, and the Common Council to demolish those homes? Why hasn't the city done so? It is my understanding that the PBA will gladly take down those deteriorating homes if the city requests such action. What's the holdup Mayor Brown? I wish to add that the Peace Bridge people have maintained the grounds of those home remarkably well. The PBA tore down a garage on . Busti Ave. that was leaning on our property. They even asked us what kind of fence we preferred ..chain link or stockade. They are good neighbors. As a matter of fact, how many are aware that the two and a half million dollar facelift of Front Park three years ago was paid for by the PBA? No U.S. dollars. The time has come to STOP FURTHER BLIGHT. BUILD THE PLAZA NOW. END THIS NIGHTMARE. LET US GET ON WITH OUR LIVES. Regular Committees CIVIL SERVICE 1 'Tvv (Bonnie E. Russell, Chairperson) Appt Heavy Equipment Operator (Prov)(Second)(Ferril)(PW) ( #25, 12123) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Civil Service ��!. Appt Exterminator (.Prov)(Max)(LaVango)(PW) ( #26,12123) That Communication 26 of December 23, 2008 be received and filled and that the .Provisional promotion of David LaVango stated above at the salary of $29,604 is hereby approved. PASSED AYES - 9 NOES - 0 f r Recommended by the Committee on Civil Service v *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH �---- ---- -- ---� EMAJ- 51 * 9 * 0 [2/3 6] [314 - 7 `� I e?:sr Appt Director of Housing and Inspections (Exempt)(Sole Jr) (.EDPI) ( #33,12123) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Civil Service ��►�� `�- i Appt Secretary to Comm of HR (Exempt)(Flat)(White)(HR) (04, 1.2123) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended b y the Committee on Civil Service l Appt Compensation & Benefits Specialist (Prov)(lnter)(Machin) (1135, 12123) That Communication 35 of December 23, 2008 be received and filed and that the Provisional appointment of Heather Machin stated above at the salary of $40,886 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service t �.0 'SAYE* NO * DAVIS FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [------------- [ MAJ - S ] * 9 * 0 [213 - 6] [314 - 7] Notices of Appointments- Temp /Prov /Perm (CtyClk) ( 1/42, 12/23) That the above item be the same and hereby is Received and Filed. ADOPTED r Recommended b y the Committee on Civil Service .l t �1) Notices of Appointments - Temp /Prov /Perm (Cty Clk) (##43, 12/23) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Civil Service -��1� I FINANCE (Michael P. Kearns, Chairman) 1 � f� Permission to Engage Services of Consulting Firm for Citywide Tree Management 2009 (Item No. 22, C.C.P., Dec. 23, 2008) That the Commissiomr of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to provide data, complaint and construction management services pertaining to maintenance of City owned trees for Citywide Tree Management 2009. Funds for this project are available in Capital Accounts, 30311406-445 10, 3I450106- 445100 and 30032106- 445.100. Passed, Recommended by the Committee on Finance Chaircri n TAB:mry TA\vp60\msword\rmv\22c I2- 23cAoc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [ MAJ - S ] * 9 0 [213 - C] [314 - 7] Bond Closeout $1,854,307.64 (Item No. 13, C.0 '., Dec. 9, 2008) That the above item be, and the same hereby is returned to the Coann'ion Council without recommendation. Mr. Kearns moved: That the Comptroller is hereby authorized to closeout bonds not expended for the object or purpose of the bonds, as more fully described and attached to the above communication, in the unencumbered balance total of $1,854,307.64, Passed Recommended by the Committee on Finance TAI3_rinv Ta +vh6()lmswordlrmvl13c12- 9c.doc Chairman �t� *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH * [------- - - - - -- [MAJ- 51 * 9 0 ' [213 - 6J [314 - 7] Zoological Society of Buffalo- Financial Statements Y /F, 2006 and 2005 (#f59, 1219) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Finance �.1 Req City Depts & BURA to Sabi Travel Expenses From 7/2/2006 (Exec V & 2 ° Resolve) ( #45, 11/25)( #127, 4/16) That the above item be the same and hereby is Received and Tiled. ADOPTED Recommended by the Committee on Finance.`�- t? y "q _ M. Kearns -Req MIS to Submit Summons Info on Grass Cutting Violations ( #49, 11112) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Finance t i �' Bailey Amherst District Assoc Dissolution Report (Compt) ( #11, 11112) That the above item be the same and hereby is Received and piled. ADOPTED Recommended by the Committee on Finance�_��� COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) Results of Negotiations - 537 Fillmore (Item No. 7, C.C.P., Dec. 23, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Ms. Beverly M. McLean, 66 Summer Place, Apartment 4H in the sum of four thousand and nine hundred dollars ($4,900.00) to purchase the property described as 537 Fillmore, be and hereby is accepted; and That the purchaser has also agreed to pay for all closing costs associated with the transfer of title; 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 bids were submitted. Passed. Recommended by the Committee on Cominuliity Develo pin ell t ..._= Chairman TAB:rmv r;lwp6(}lmswordlrnivl7c 12- 23c.doc \c- -- *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITI4 [_-- -- -- - - - - -] [ MA7 - 51 * g * p [213 - 6] [ 314 - 71 Results of Negotiations - 187 Fourteenth � (Item No. 8, C.C.P., Dec. 23, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. L&Curto moved: That the offer fron - i Michael J. Brennan, 55 Leech Avenue, Lackawanna, in the surn of five thousand and three hundred dollars ($5,300.00) to purchase the property described as 187 Fourteenth, be and hereby is accepted; and That the purchaser has also agreed to pay for all closing costs associated with the transfer of tide; 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 bids were subrn:itted. Passed. Recon- amended by the Committee on Community Development_ __ - Chairman TAk3:miv T:1wp6(\mswordVmvl8c ] 2- 23c.doc !l 5 *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * RUSSELL SMITH [MAJ- 51 * 9 * 0 [213 _ 6] [314 - 7] Results of Negotiations - 66 Miller (Itern No. 12, C.0 -R, Dec. 23, 2008) That the above item be, and the same hereby is returned to the Common Council without recomiriendation. LOCuito moved: Th t the offer from Loren D. Crowde;n, 844 'No th Main Street, Eden, in the sung of one tho sand and five hundred dollars {$1,500. 0) to } urchasc the property described ,r as 66 Mill , be and hereby is accepted; and Tha the purchaser has also agreed today for all closing costs associated with the transfer of ti je; and \I- That th Office of Strategic .1'111 a4'.ni119 be authorized to prepare tEie necessary documents for Zilththe transfer of titic�a that the Mayor be authorized to execute the sank, in accordance terins_pf�sale upon which the rids were submitted. Passed. Recommended by the Committee on Community Development - .. .. a ------ ------ ------- -- ....... -- Chairman 'I'A13: - mv T:%wp60\mswor&rm v1 E 2c 12 -23c. doc 14 �L- Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED r , Results of Negotiations - 97 Potomac (Item No. 14, C.C.P., Dec. 23, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Brian M. Bonvissuto, 244 Dewitt LLC, 244 Dewitt Avenue, in the sum of two thousand and two hundred dollars ($2,200.00) to purchase the Property described as 97 Potomac, be and hereby is accepted; and That the purchaser has also agreed to pay for all closing costs associated with the transfer of title, 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 bids were submittcd. Passed. Recommended b the Committee on Communit Develo went i)V Y Y p Chairman ff TAB:rjnv Tawp60 insword \nnvl14c 12- 23c.doc l 1 7 *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [MAJ- 51 * 9 * 0 [213 _ 6 [314 - 7 Results of Negotiations - 143 Potomac (Item No. 15, C.C.P., Dec. 23, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Brian M. Bonvissuto, 137 Crosby Boulevard, Amherst, in the surn of two thousand and five hundred dollars ($2,500.00) to purchase the property described as 143 Potomac, be and hereby is accepted; and That the purchaser has also agreed to pay for all closing costs associated with the transfer of title; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be al;111101 to execute the same, in accordance with the terms of sale upon which the bids were submitted. Passed. Recon by the Committee on Community Development Chairman TAB:mw TA-, p60\nswoid\rmel]Sc]2- 23e,doe *AYE* NO * DAVIS * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RTVERA RUSSELL SMITH [-------- - - - - -] [MAJ- s] * 9 * 0 [213 - 6] [3/4 - 7] Results of Negotiations - 38 St. Louis (Item No. 17, C.C.P., Dec. 23, 2008) That the above item he, and the same hereby is returned to the Common Council without recommendation.. Mr. LoCurto moved: That the offer from Michael G. Lyons, 37 Cantwell Drive, in the sunn of one thousand and four hundred dollars ($1,400.00) to purchase the property described as 38 St. Louis, be and hereby is accepted; and That the purchaser has also agreed to pay for all closing costs associated with the transfer of title; and That the Office of Strategic Planning be authorized to prepare tl e 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 bids were submitted. Passed. Recommended by the Committee on Community Development Chairman Tt1WPm 'r:%Nvp60\msw rd\rmv117c12- 23c.doc t 1), *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ MAJ - 51 * 9 * 0 [213 - 6) [314 - 7] D. Sach SEQR Requirements for Elmwood Village Design Standards - Amendments to The Charter (ccp# 51., 12/23) That the above item be the same and hereby is Referred to the Committee on Legislation ADOPTED q - A- Recommended by the Committee on Community Development a M. LoCurto -J. Ryan - Restore New York Correspondence ( #77, 9I2) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development J-1. :�A lv�' 1 K M. I.,oCurto Partnership for the Public Good Report on Greening Buffalo ( #42, 6110) That the above item be the same and hereby is Received and Piled. ADOPTED Recommended by the Committee on Community Development q,��4 LEGISLATION (Joseph Golombek Jr., Chairman) K. Lang, Petition to Use 1900 Hertel Avenue — Outdoor Patio (Itern No. 52, C.C.P., Dec. 23, 2008) That after the public hearing before the Committee on Legislation on December 30, 2008, the petition of K. Lang, owner, for permission to use 1900 Hertel Avenue for an outdoor patio at the front of a take -out restaurant be, and hereby is approved. Passed. Reconiniended by the Committee on Legislation �U�_: 1 Chairman -- TAB:rmv tAwp60\msword\:rmv152c 12- 23c.doc _ r� *AYE* NO * DAVIS FONTANA * * * FRANCZYK * GOLOMBEK KEARNS LOCURTO * * * RIVERA RUSSELL * SMITH * * * [ MAJ - 51 * 9 * U [213 - 6] [314 - 7] K. Elliott, Petition to Use 810 Efinwood - Restaurant (Item No. 53, C.C.P., Dec. 23, 2008) That after the public hearing before the Committee on Legislation on December 30, 2008, the petition of K. Elliott, owner, for permission to use 810 Elmwood Avenue for a restaurant be, and hereby is approved. Passed. Recommended by the Committee on Legislation nr � Chairman TAB - rmv t:1wp60\insword\:rjnvA53c] 2- 23c,doc P,A), *AYE* NO * DAVIS * * * FONTANA * * * FRANCZYK * * * GOLOMBEK KEARNS LOCURTO * * * RIVERA * * * RUSSELL SMITH [ ------------- ] [MAJ- 5] [2/3 - 61 [314 - 7] * * * * g * p * i� 13. Davis -R. Alsheiiner- Intersection of Edward & Fimwood Changed to Two Way Traffic (Ell)(PW) (919, 12123) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation _ A-� -._ r1. B. Begley & O -Req 3 Way Stop at Avery & Virgil (Del)(PW) (1121, 12123) That the above item be the same and hereby is Received and Tiled. ADOPTED Recommended by the Committee on Legislation iY Food Store License -- 572 S. Division (alk/a 155 Jefferson) ' (Item No. 29, C.C.P., Dec. 23, 2008) ' That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food store License to Ahmed Abuhamra located at 572 South Division (alk/a 155 Jefferson) d /b /a WNY PETRO. Passed t F S y Recommended by the Committee on Legislation -- Chairman TAB:nm T:hvp601msNvordlrrnvV9cI 2- 23c.doc /,l *AYE* NO * DAVIS FONT-ANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS * *_ LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH * * * [-------- - --- -- [MAJ- 51 * 9 * 4 [213 - 6] [314 - 71 Food Store License — 431 Grant (Item No. 30, C.C.P., Dec. 23, 2008) 'chat Pursuant to Cha pter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Azeen Alhussainawi located at 431 Giant dlbla Alrafcdain Market. Passed Recomi- vended by the Conuruttee on Legislation � r -....- Cli airman TAB:rwv T:AwP6 tiswor&Tn1v134c12- 23c.doc i/ f 41 0 *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [MAJ- 51 * 9 * 0 [213 - 61 [314 - 7 r Amendments to 2009 Capital Budget ( 898, 12/23) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation Ov\ Report of Auction _ 2347 Baa i!cy (Item No. 8, ('.C.P., Dec_ 9, 2008) (Item No. 72, C.C.P., Dec. 23, 2008) That the above item be, and the same hereby is returned to the Conlnion Council without recommendation. Golombek moved. That the offer from Ms. Brenda J. Lewis, 188 l,� id dollars (`3,000.00) to purchase the propert -y de is accepted; and That the purchaser has also agreed to pay for all cl of title; and Street in the suin of three cd as 2347 Bailey, be and costs associated with the That the Office of Strategic Planning be authorized to prearc the necessary docu�Fnts for the transfer of title and th.af the Mayor be authorizec[ to- execute the s in accordance with the terms of sale upon which the bids were submitted Passed. Recommended by the Committee on Legislation - (Aairman TAIA-mzv TAwp60lmsword \nmvl8c ] 2- 9c.doc � i � Mr. Golombek moved that the above item be recommitted to the Committee on Legislation Report of Auction - 1290 East berry (item No. 9, C.C.F., Dec. 9, 2008) (Item No. 73, C.C.P., Dec. 23, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Golombek moved: T at the offer from Ms. Brenda J. Lewis, 1$g Roslyn Street in the sutra of six hundred collars ($600.00) to purchase the prope�.ty describeJ�as 1290 East Ferry, be and hereby is , ccepted; and ; That the purchaser has also agreed to pay for all closin costs associated with the transfer of �itle; and That the Office of Strategic Planning be authorized to propare the necessary documents f�r the transfer of title and that the Mayor be authorized to execute the same, in accordance \with the terms ofZale upon which the bids were submitted: _ Passed. Recommended by the Committee on Legislation Chairman TAB:rniv 'r:1wp60\tnsword\rnivl9c 12- 9c.doc G` Mr. Golombek moved that the above item be recommitted to the Committee on Legislation Jp•• r Lodging Mouse License -- 1900 Bailey Avenue (Item No. 52, C.C.P., July 22, 2008) (Item No. 81, C.C.P., Dec. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 269 of the City Code, the Commissioi)er of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging house License to Rev. Terry King d /b /a Saving Grace Ministries, Inc. located at 1900 Bailey Avenue. Passed RecomnTended by the Committee on Legislation s `�- , Ch' TAB : rzn.v T':1wpWinswordlnnv1520 -22c. duc E� *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH -------- - - - - -1 [ MAJ - 51 9 * 0 [ 2/3 - 61 [3/4 - 7] r B. I =egley & O -Reel 3 Way Stop at Avery & Virgil Avenue (Del) ( 104, 511.3) That the above item be the same and hereby is Received and Filed. ADOPTED Recomimnded by the Committee on Legislation n� Food Store License — 1624 William (Item No. 35, C.C.P., Apr. 29, 200 8) (Item No. 125, C.C.P., Sept. 2, 2008) That the above item be, and the same hereby is returned to the Corm Council without recommendation. Goloxnbek moved: 'hat the Coni of Eire Servie be, and he ereby is directed located at 1624 WA liarn. Passed is Development, Pert - iit and Inspections ;ny a Food Stoiep L cei selo � lal Yowq. Recommended by the Connnittee on Legislation � ' Yw� s airman �._ -. _ -- TAWrmv TAxvp601mmord\rmv135M- 29c.doc Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. RESOLUTIONS Jan 6, 2009 RESOLUTION Sponsor: Richard A. Fontana Co- sponsors: David A. Franezyk, Michael P. Keatrns, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell, Demone A. Smith R CITY OF BUFFALO PROJECTS FOR W1IICI1 VE13ERAL, FUNDING: WILL, ICE REQUESTED FROM THF, OI3AMA ADMINISTRATION WHEREAS, On Jliti iLiry 2O 2009, Hamel( Obaiiia will be sworn ire as the 44"' President of the United States; and WHEREAS, President -elect Obanta has pledged that his Administration will be coannlitted to investing in E.Freen Industries, alternative energy and environ.nlentally- fricndly teclt.nologics, reinvesting in our Nation's transportation infrastructure, and spurring new job growth; and WHEREAS, It has been widely reported that the President -elect hopes to implcament his econornic stimulus plan as soon as possible after his January 20 °i inauguration, and that this witl result in between $675 billion and $77.5 billion dollars being invested into long- term infrastructure and job creation projects; and WHEREAS, With our Nation in the amidst of' an economic down -turn, the Obama Administration is likely to receive requests from countless municipalities for Federal funding; and WfIEREAS, By submitting its funding requests early and with as much specificity as possible, the City of Buffalo rn:ay be more likely to have its projects prioritized for Federal funding; and NOW THERFOItE BE IT RESOLVED, That the City Clerk forward a copy of this resolution to the Mayor and the City's Dcpartment of Administration, Hnance, Policy & Urban Affairs, Department of Economic Development, Permit & Inspection Services, and Office of Strategic Planning; and NOW TFIERFORE BE IT FURTHER RESOLVED, That the Common Council hereby requests a response front the a[orementioned parties as to what, if any, progress they have made in regards to preparing a "wish list" for. Federal funding f'rorn the Obania Administration, including spe'ciftc projects and funding amounts; and `F jr NO W TI-IEIZFORE 13E IT FINALLY RESOLVED, That the Common Council hereby requests that the a9:6re.mentioned parties rile the information requested herein with the City Clergy. I'Or presentation to the Common C01-11161. at its niecting scheduled for February 3, Richard A. Fontana Lovejoy District Council Member Majority Leader avid A. Franezyk 1'illrnore District Council Member President ichael P. Kearns Michael .1.. aoCurto South District Council Member Delaware .District C "OU1161 Member Pro- Tempore 1 "slV[U 1t1VC1'ii Niabgar� District Council Member - .................... bemone A. Smith Masten District C'OL11161 MCMber -- __ - - A u- m iL� Bonnic E. Russell University District Council Member 0 ADOPT 1st and grid RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 4*� y s, ) BY: Mr. Fontana RE: WAIVE ASBESTOS FEE REMOVAL FOR 54 ZENNER STREET WHEREAS: In August of 2003, the house at 54 Zenner Street was demolished at a cost of $6,332, of which $4,800 has been paid by the owner, and WHEREAS: There is a cost of $3,219 for asbestos removal that has not been paid, because the owner states that the asbestos removal was done by him and not the contractor who is no longer doing business with the City; and WHEREAS: The owner is presently serving in Iraq and indicates that he has no problem paying for the demolition, but feels he should not have to pay for work that he did himself; and WHEREAS: Once the balance of the demolition is paid off, the owner would like the asbestos charge removed. The owner has been working with the City Collections Office to have this account settled. NOW THEREFORE BE IT RESOLVED THAT: This Honorable Body grant the waiver of $3,21.9.00 for the asbestos removal at 54 Zenner Street. BE IT FURTHER RESOLVED THAT: A copy of this Resolution be sent to the City Collections Office which has no problem with abating the $3,219.00 charge once this Body approves it. �. Y t Richard A. Fan ana REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF EDRI 1 ' / `. Page 1 of 1 0, D Kennedy,Rosetta From: Palka,Kathleen Sent: Thursday, December 04, 2008 2 :50 PM To: Kennedy,Rosetta Subject: RE: 54 Zenner Attachments: zenner 54 judgment.pdf Rosetta, This is an old MUNIS Dill which was abated frorn the system after I filed the judgment. Attached is a copy of the new judgment in the amount of $3,213 for the asbestos costs, which I will destroy once the Council has forgiven the charges. Lot me know if you need anything further. Just a reminder that I am off on medical leave until raid January after I leave today but you can reach me by email if you need anything. Kathy Frown: Kennedy,Rosetta Sent: Thursday, December 04, 2008 11:36 AM To: Palka,Kathleen Subject: 54 Zenner I Kathy, Councilmember Fontana said that he would do the resolution asking the Council to waive the asbestos removal, however, he needs a copy of the bill for the resolution. Thanks Rosetta 12/8/2008 STATE OF NEW YORK SUPREME COUKI : COUNTY OF ERIE The City of Buffalo Plaintiff _ Ronnie Redfern Defendant STA E OF NEW YORK ) COUN 1 OF ERIE } CITY OF BUFFALO ) AFFIDAVIT OF DEFENDANT CONFESSION OF JUDGMENT OF MONEY DUE Ronnie Redfern, being duly sworn, deposes and says that: 1. I am the Defendant in the above- entitled action. 2. 1 reside at 17 Domedion, Buffalo, NY 14211. 3. 1 do Hereby confess judgment in this Court in favor of the City of Buffalo, Plaintiff herein and do hereby authorize judgment to be entered against me. 4. This confession of judgment is for a debt justly due to the Plaintiff, arising from demolition casts in the amount of $3,219.00 incurred by the City for demolition of a structure owned by the Defendant at 54 Zenner, Buffalo, New York. WHEREFORE, Judgment is hereby acknowledged for the total amount of $3,219.00, plus statutory interest and Court costs in this action. DATED: October 1, 2008 Buffalo, New York i` l / w 1 worn to before me this day of OW, km Notary 1 t iblLX&)rr &io #et of .heeds Kat+r A , . Co+aftho er V ri�jr Co�mlesioM.e�plri� 1�131i� c&l Vd Page 1. of 1 Kennedy,Rosetta From: Palka,Kathleen Sent: Wednesday, December 10, 2008 4:06 PM To: Kennedy,Rosetta Subject: RE: 54 Zenner Hi Rosetta, im The demo charge are $6,332, of which $4,800 has been paid. The asbestos charge to be abated are $3,219. I'm currently off on medical leave until leave until January 19th but I will check my email from time to time, so email me if you need anything before then. Kathy From: Kennedy,Rosetta Sent: Tuesday, December 09, 2008 10:25 AM To: Palka,Kathleen Subject: 54 Zenner Thanks for the info, however, what was the total cost of the demo? Want to include in the resolution what he has agreed to pay minus cost of demo. The resolution will be filed for the next Council meeting -- Dec. 23, 2008. Rosetta 12/12/2008 By: Mr. Kearns Re: Discharge Finance Committee Item 433 C.C.P. December 9, 2008 "Acceptance of NYS Efficiency Grant" Whereas: The above item is currently in the Finance Committee; and Whereas: It is no longer necessary for this item to be considered by that committee', Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of Item #33, C.C.P. December 9, 2008 "Acceptance of NYS Efficiency Grant" and said item is now before the Common Council for its consideration. F V� yot , atc LiIC 1 iSv' �.7t i1�: Ott f "( ve € 1, { ;—! Cot.IIicil R';4 rei.ic.c. (i. f X XXXXX �• 1 Nl'tndd J e t o p eti tion yoi.ir Body t o accep l a Yo r " ti atc 1 Mici ney Gmra in the ani un of onl 1 ri-.ill:ioD dollars ($ 1,000,00 €).00 ). This CrTam Kl be used Or No clemolihon O>FNIM p awned bu ltlin s. I .Dc:partment 1 xlc W_ C nrnerfoatl:l_, iii gi3,pre of l)e,1 cW I W HAT OAS A, 2YOU41; Qimmv- �.rs0, .*AYE* Lip DAVIS EQNIAN-A ERAN-CM IWARNS RUSSELL BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 01 -•-- COMMON COUNCIL 1012 — COUNCILMEMBER #11 The Common Council of the City Of .Buffalo does ordain as follows: That part of Section '1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 Common Council, 1012- Counciltnember # l 1 which currently reads: 2 Assistant Legislative Aide $ 25,467 Is hereby amended to read: 1 Assistant Legislative Aide 11 $ 29,595 1 Assistant Legislative Aide $ 25,467 From : 10102001 — 412002 $2,700.00 To : 10112001 —411.001 $2,700.00 IT IS IIEREBY CERTIFIED, 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 GERALD CHWALINSKI, CITY CLERK AND DONNA J. EST.RICH, 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. J G RALD C `WAL' NSKI CITY CLERK L, DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE APPROVE "]) AS TO FORM y , Corporation C'ovinsd Attachment SOA *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH -- -- -- -- - - - --� [ MAJ - 5 9 * Q [213 - 6] [314 - 7] BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties 0 That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Erie County Department of Social 1 Acara Mark 858 -7362 Services Erie County Department of Social 2 Acevedo [nocencia 858 -7362 Services Erie County Department of Social 3 Aiello Catherine 858 -7362 Services Erie County Department of Social 4 Aikman Dorothy 858 -7362 Services Erie County Department of Social 5 Alleyne Beverly 858 -7362 Services Erie County Department of Social 6 Anderson Christopher 858 -7362 Services Erie County Department of Social 7 Anderson John 558 -7362 Services Eric County Department of Social 8 Ash Erin 858 -7362 Services Erie County Department of Social 9 Backes Jennifer 858 -7362 Services Eric County Department of Social 10 Baczkowski David 858 -7362 Services l;rie County Department of'Social 11 13aez Z,oraida 858 -7362 Services Erie County Department of Social 12 Baker Sherry 858 -7362 Services Erie County Department of Social 13 Banks Lisa 858 -7362 Services Erie County Department of Social 14 Barca Mary 858 -7362 Services Erie County Department of Social 15 Barrett Matthew 858 -7362 Services Erie Comity Department of Social 16 Bartolotta Jennifer 858 -7362 Services Erie County Department of Social 17 Bartz Cheri 858 -7362 Services Erie County Department of Social 18 Batcho Christine 858 -7362 Services Eric County Department of Social 19 Batterson Carol 858 -7362 Services Erie County Department of Social 20 Bellesteros Mary 858 -7362 Services Erie County Department of Social 21 Bertosino Denise 858 -7362 Services Erie County Department of Social 22 Betz Julie 858.7362 Services Erie County Department of Social 23 Blaszkowiak Maria 858 -7362 Services Erie County Department of Social 24 Blenker Bonnie 858 -7362 Services Erie County Department of Social 25 Bieyle Elaine 858 -7362 Services Eric County Department of Social 26 Bojanowski Paul 858 -7362 Services Erie County Department ol' Social 27 Borek Duane 858 -7362 Services Erie County Department of Social 28 Boyce Melissa 858 -7362 Services i�'. Erie County Department of Social 29 Brenner Jit] 858 -7362 Services Erie County Department of Social 30 Bryant Melinda 858 -7362 Services Erie County Department of Social 31 Burgstahler Susan 858 -7362 Services Eric County Department of Social 32 Burkard Mary 858 -7362 Services Erie County Department of Social 33 Burke Cynthia 858 -7362 Services Eric County Department of Social 34 Burke Catherine 858 -7362 Services Erie County Department of Social 35 Burke Timothy 858 -7362 Services Erie County Department of Social 36 Burton Susan 858 -7362 Services Eric County Department of Social 37 Caputi Paul 858 -7362 Services Erie County Department of Social 38 Caputi Esther 858 -7362 Services Erie County Department of Social 39 Carabello Cynthia 858 -7362 Services Erie County Department of Social 40 Cardona Ernma 858.7362 Services Erie County Department of Social 41 Carmer Claire 858 -7362 Services Erie County Department of Social 42 Carter Patrice 858 -7362 Serviccs Erie County Department of Social 43 Castelletti Anthony 858 -7362 Services Erie County Department of Social 44 Caster Diane 858 -7362 Services Erie County Department of Social 45 Champagne Douglas 858 -7362 Services Erie County Department of Social 46 Clunielewski Joanne 858 -7362 Services Erie County Department of Social 47 Christopher Fred 858 -7362 Services Erie County Department of Social 48 Chuch.la Christine 858 -7362 Services Erie County Department of Social 49 Chwesik Melanic 858 -7362 Services Erie County Department of Social 50 Cobum Gina 858 -7362 Services Erie County Department of Social 52 Collins Frederick 858 -7362 Services Erie County Department of Social 53 Connelly Rosemary 858 -7362 Services Erie County Department of Social 54 Cook Kathy 858 -7362 Services Erie County Department of Social 55 Cooper Diane 858 -7362 Services Brie County Department of Social 56 Cowan Emily 858 -7362 Services Erie County Department of Social 57 Curtis Alexandra 858 -7362 Services Erie County Department of Social 58 Davis Ericka 858 -7362 Services Erie County Department of Social 59 Davis Ursula 858 -7362 Services Eric County Department of Social 60 Deanrer Brad 858 -7362 Services Erie County Department of Social 61 Dearlove Cheryl 858 -7362 Services Erie County Department of Social 62 Deck Constance 858 -7362 Services Erie County Department of Social 63 Deisz Robert 858 -7362 Services Erie County Department of Social 64 Deloach Janet 858 -7362 Services Erie County .Department of Social 65 Delucci Mary 858 -7362 Services Erie County Department of Social 66 Demmons Christine 858 -7362 Services Erie County Department of Social 67 DiChristina Joyce 858 -7362 Services Brie County Department of Social 68 Dietz Mary 858 -7362 Services Eric: County Dcpartrnent of Social 69 DiMario :lames 858 -7362 Services Eric County Department of Social 70 Dion Pamela 858 -7362 Services Erie COU3rty Department of Social 71 DiPascluale Valerie 858 -7362 Services Erie CO n7ty Department of Social 72 Dirr Michelle 858 -7362 Services Erie County Department of Social 73 Dirt Michele 858 -7362 Services Erie County Department of Social 74 Divito Patricia 858 -7362 Services Erie County Department of Social 75 Dlugosz Nancy 858 -7362 Services Erie County Department of Social 76 Drobits Sharon 858 -7362 Services Erie County Department of Social 77 Dropik Daniel 858 -7362 Services Erie County Department of Social 78 Dziewa Lisa 858 -7362 Services Erie County Department of Social 79 Elvers Jeanne 858 -7362 Services Erie County Department of Social 80 Ertel Pamela 858-7362 Services Erie County Department of Social 81 Erwin Juanita 858 -7362 Services Erie County Department of Social 82 Darr Barbara 858 -7362 Services Erie County Department of Social 83 Farrell Nancy 8587362 Services Erie County Department of Social 84 Ferrentino Marylou 858 -7362 Services Erie County Department of Social 85 Pertita Christine 858 -7362 Services Erie County Department of Social 86 Filipski Jane 858 -7362 Services Erie County Department of Social 87 Fitzgerald Maureen 858 -7362 Services Erie County Department of Social 88 Fort Judy 858 -7362 Services Erie County Department of Social 89 Franceschi Michelle 858 -7362 Services Eric County Department of Social 90 Franklin Janell 858 -7362 Services Erie County Department of Social 91 I=rydrychowski Donna 858 -7362 Services Erie County Department of Social 92 Gabryel Joseph 858 -7362 Services Eric County Department of Social 93 Gardinier Shirley 858 -7362 Services Erie County Department of Social 94 Gavin- Pokrandt Janine 858 -7362 Services Erie County Department of Social 95 Germain Richard 858 -7362 Services .Erie County Department of Social 96 Ginter Sharon 858 -7362 Services Eric County Department of Social 97 Girard Patricia 858 -7362 Services Erie County Department of Social 98 Glaser Heidi 858 -7362 Services Erie County Department of Social 99 Goodie Gregory 858 -7362 Services Erie County Department of Social 100 Goosmau Gerra 858 -7362 Services Erie County Department of Social 101 Gould Carl 858 -7362 Services Erie County .Department of Social 102 Graef Christine 858 -7362 Services Erie County Department of Social 103 Grasso Vincent 858 -7362 Services Erie County Department of Social 104 Gray Diane 858 -7362 Services Erie County Department of Social 105 Green Donna 858 -7362 ,Services Erie County Department of Social 106 Green Lori 858 -7362 Services Erie County Department of 107 Greenauer Mark 858 -7362 Services Eric County Department of Social 108 Gregoire Kathleen 858 -7362 Services Erie County Department of Social 109 Griffith Patricia 858 -7362 Services Erie County Department of Social 11.0 Hairston Carol 858 -7362 Services Eric County Department of Social I11 llalaiske Renata 858 -7362 Services Eric County Department of Social 112 Hamilton Linda 858 -7362 Services Erie County Department of Social 113 Hapka David 858 -7362 Services f J \.Akk Erie County Department of Social 1.14 harper Sharon 858 -7362 Services Erie County Department of Social 115 11arris Beverly 858 -7362 Services Erie County Department of Social 116 Hauser Jennie 858 -7362 Services Erie County Department of Social 117 1Jeidinger Elizabeth 858 -7362 Services Erie County Department of Social 118 fleimerl Christine 858 -7362 Services Erie County Department of Social 119 ]-licks Robin 858 -7362 Services .Erie County Department of Social 120 Hildebrand .tune 858 -7362 Services Erie County Department of Social 121 Hill Judith 858 -7362 Services Erie County Department of Social 122 1loch Irene 858 -7362 Services Erie County Department of Social 123 Holquin Jennitbl 858 -7362 Services Erie County Department of Social 124 Howling Patricia 858 -7362 Services Eric County Department of Social 125 Hreshlzcyshyn Yuri 858 -7362 Services Erie County Department of Social t26 Ilndson Jeanette 858 -7362 Services Erie County Department of Social 127 Itzenplitz Susan 858 -7362 Services Erie County Department of Social 128 Jackowiak Denis 858 -7362 Services Erie County Department of Social 129 Jackson AVCIT[C.ia 858 -7362 Services Eric County Department of Social 130 Jackson Nancy 858 -7362 Services Erie County Department of Social 131 Jarosz Maralouise 858 -7362 Services Erie County Department of Social 132 Jester Susan 858 -7362 Services Erie County Department of Social 133 Johns Cara 858 -7362 Services Erie County Department of Social 134 Johnson Yolanda 858 -7362 Services Erie County Department of Social 135 Jordan Nicole 858 -7362 Services Erie County Department of Social 136 Jordan Nicole 858 -7362 Services Erie County Department of Social 137 Jordan - Sanders Naquanda 858 -7362 Services Erie County Department of Social 138 Josik James 858 -7362 Services Erie County Department of Social 139 Kamionka Patricia 858 -7362 Services Erie County Department of Social 140 Karam Michael 858 -7362 Services .Erie County Department of Social 141 Kedzirski Andrew 858 -7362 Services U Erie County Department of Social 142 Keller Julie 858 -7362 Services Erie County Department of Social 143 Kirsch Carolyn 858 -7362 Services Erie County Department of Social 144 Klein Elaine 858 -7362 Services Erie County Department of Social 145 Klinck Karen 858 -7362 Services Erie County Department of Social 146 Kline John 858 -7362 Services .Erie County Department of Social 147 Knezevic michele 858 -7362 Services Erie County Department of Social 148 Kolmetz_ Judith 858 -7362 Services Erie County Department of Social 149 Konick Timothy 858 -7362 Services Erie County Department of Social 150 Konicki Phyllis 858 -7362 Services Erie County Department of Social 151 Kowalyk Christine 858 -7362 Services Erie County Department of Social 152 Krug Robert 858 -7362 Services Erie County Department of Social 153 Krull Bonnielyn 858 -7362 Services Erie County Depaulment of Social 154 Krult Darcy 858 -7362 Services Eric County Department of Social 155 Kruzicki Susan 858 -7362 Services Eric Comity Department of Social 156 Kugler Joseph 858 -7362 Services Erie County Department of Social 157 Kujawa Gavin 858 -7362 Services Erie County Department of Social 1.58 Kulinski David 858 -7362 Services Erie County Department of Social 159 Kvashay Linda 858 -7362 Services Erie County Department of Social 160 Lauria 'Thomas 858 -7362 Services Erie County Department of Social 161 Lauria Theresa 858 -7362 Services Erie County Department of Social 162 Lawrence -Smith Deborah 858 -7362 Services Erie County Department of Social 163 Leary Judith 858 -7362 Services Erie County Department of Social 164 Leone Victoria 858 -7362 Services Erie County Department of Social 165 Lestition Charles 858 -7362 Services Erie County Department of Social. 166 Locher Sheree 858 -7362 Services Erie County Department of Social 167 Locicero Donna 858 -7362 Services Erie County Department of Social 168 Lombardo Suzanne 858 -7362 Services Erie County Department of Social 169 L,ukasik Deanne 858 -7362 Services Erie County Department of Social 170 Lunderman Judith 858 -7362 Services Erie County Department of Social 171 Lutman Karen 858 -7362 Services Mager- Erie County Depadmont of Social 172 Gawronski Brenna 858 -7362 Services Erie County Depar - tment of Social 173 Mann Dcan 858 -7362 Services Erie County Department of Social 174 Munn Cathleen 858 -7362 Services Erie County Department of Social 175 Maraschiello Lisa 858 -7362 Services Erie County Department of Social 176 Marinof Ann 858 -7362 Services Erie County Department of Social 177 Marks Charbrenna 858 -7362 Services Erie County Department of Social 178 Martens Lynn 858 -7362 Services Erie County Department of Social 179 Maue Paula 858 -7362 Services Erie County Department of Social 180 McMullan Raymond 858 -7362 Services Erie County Department of Social 181 McQuillan Roderick 858 -7362 Services Erie County Department of Social 182 Meade Judy 858 -7362 Services Erie County Department of Social 183 Meckes Susan 858 -7362 Services Erie County Department of Social 184 Mikulik John 858 -7362 Services Brie County Department of Social 185 Miller Sandra 858 -7362 Services Erie County Department of Social 186 Mirusso Angela 858 -7362 Services Erie County Department of Social 187 Mischel Janet 858 -7362 Services .Erie County Department of Social 188 Moorhouse Gail 858 -7362 Services Erie County Department of Social 189 Moorhousc 7 ricia 858 -7362 Services Erie County Department of Social 190 Morris Melissa 858 -7362 Services Erie County Department of Social 191 Mosley Michelle 858 -7362 Services Erie County Departnrent of Social 192 Murray MaryAnne 858 -7362 Services Erie County Department of Social 193 Murray Colleen 858 -7362 Services Eric County Department of Social 194 Myers Denise 858 -7362 Services Erie County Department of Social 195 Neurnan John 858 -7362 Services .Erie County Department of Social 196 Neveu Margaret 858 -7362 Services Erie County Department of Social 197 Nitzer Cindy 858 -7362 Services Erie County Department of Social 198 Novak Julia 858 -7362 Services Erie County Department of Social 199 Novak Julia 858 -7362 Services Erie County Department of Social 200 Nunz Katherine 858 -7362 Services Erie County Department of Social 201 06rien Tracy 858 -7362 Services Erie County Department of Social 202 Oconnor Sheila 858 -7362 Services Erie County Department of Social 203 Oliver Harriet 858 -7362 Services Erie County Department of Social 204 Orlowski July 858 -7362 Services Erie County Department of Social 205 Orshal Sharon 858 -7362 Services Erie County .Department of Social 206 Ortiz Dorothy 858 -7362 Services Erie County Department of Social 207 Palovich Patricia 858 -7362 Services Erie; County Department of Social 208 Parker Tommy 858 -7362 Services Erie County Department of Social 209 Patterson Jennifer 858 -7362 Services Erie County Department of Social 210 Pawlowski Philip 858 -7362 Services Erie County Department of Social 211 Pecoraro Molly 858 -7362 Services .Erie County Department of Social 212 Pclkey Keith 858 -7362 Services Erie County Department of Social 213 Perrello Laurie 858 -7362 Services Erie County Department of Social 214 Peterson Susan 858 -7362 Services Brie County .[Department of Social. 215 Pfeffer Michele 8.58 -7362 Services Erie County Department of Social 216 Henninger Judith 858 -7362 Services Erie County f.)epaitmont of Social 217 Planaysky Richard 858 -7362 Services Erie County Department of Social 218 Pressley Walter 858 -7362 Services Eric County Department of Social 219 Provenzo Craig 858 -7362 Services Eric County Department of Social 220 Quinn Kevin 858 -7362 Services Erie County Department of Social 221 Quinn Francis 858 -7362 Services Erie County Department of Social 222 Quintana Diana 858 -7362 Services Erie County Department of Social 223 Ralls Lucy 858 -7362 Services Erie County Department of Social 224 Ramunno Lawrence 858 -7362 Services Erie County Department of Social 225 Reach Kathleen 858 -7362 Services Fa Eric County Department of Social 226 Redden Valerie 858 -7362 Services Eric County Department of Social 227 Redeye Larissa 858 -7362 Services Erie County Department of Social 228 Reid Joyce 858 -7362 Services Eric County Department of Social 229 Rhinchart Dolores 858 -7362 Services Erie County DepartrrIent of Social 230 Rinaldo Candyce 858 -7362 Services Erie County Department of Social 231 Robb Donna. 858 -7362 Services Eric County Department of Social 232 Rodriguez Jill 858 -7362 Services Eric County Department of Social 233 Rodriquez Miranda 858 -7362 Services Erie County Department of Social 234 Rofot Patricia 858 -7362 Services Erie County Department of Social 235 Roman Joel 858 -7362 Services Erie County Department of Social 236 Ross Michele 858 -7362 Services Erie County Department of Social 237 Rusin Thomas 858 -7362 Services Erie County Department of Social 238 Ryan Jamie 858 -7362 Services Erie County :Department of Social 239 Sacco Sue 858 -7362 Services Eric County Department of Social 240 Saladyga Frank 858 -7362 Services Erie County Department of Social 241 Santiago Laurie 858 -7362 Services Erie County Department of Social 242 Sapienza Anita 858 -7362 Services Erie County Department of Social 243 Sapienza Anita 858 -7362 Services Erie County Department of Social 244 Saxe Diane 858 -7362 Services Erie County Department of Social 245 Schaaf Richard 858 -7362 Services Erie County Department of Social 246 Scherlein Shirley 858 -7362 Services Erie County Department of Social 247 Schiele Barbara 858 -7362 Services Eric County Department of Social 248 Schuler Luann 858 -7362 Services Erie County Department of Social 249 Sears Laurie 858 -7362 Services Erie County Department of Social 250 Sheehan Linda 858 -7362 Services Erie County Department of Social 251 Shred John 858 -7362 Services Erie County Department of Social 252 Slowinsiti Edward 858 -7362 Services Erie County Department of Social 253 Smith I.,aura 858 -7362 Services '1 ( ij , Erie County Department of Social 254 Smith Mary 858 -7362 Services Erie County Department of Social 255 Smith Shirley 858 -7362 Set Erie County Department of Social 256 Solfrank Charles 858 -7362 Services Erie County Department o1'Social 257 Sommerville Thomas 858 -7362 Services Erie County Department of Social 258 Sorrentino Dianne 858 -7362 Services Erie County Department of Social 259 Spencer Karl 858 -7362 Services Eric County Department of Social 260 Spielman Karen 858 -7362 Services Eric County Department of Social 261 Sprandel Dana 858 -7362 Services Erie County Department of Social 262 Stachelski Jean 858 -7362 Services Erie County Department of Social 263 Stachura Janet 858 -7362 Services Eric County Department of Social 264 Stankowski Linda 858 -7362 Services Erie County Department of Social 265 Stewart -Lain Shirley 858 -7362 Services Erie County Department of Social 266 Stone Carol 858 -7362 Set Erie County Department of Social 267 Sukaczow Olga 858 -7362 Set-vices Erie County Department of Social. 268 Summers Susan 858 -7362 Services Erie County Department of Social 272 Swinorski Mary 858 -7362 Services Erie County Department of Social 273 Takacs Denise 858 -7362 Services Erie County Department of Social 274 Thomas Gail 858 -7362 Services Erie County Department of Social 275 Threat Adrienne 858 -7362 Services Erie County Department of Social 276 Tomasello Debra 858 -7362 Services Erie County Department of Social 277 'Toth Louise 858 -7362 Services Trie County Department of Social 278 Trietley George 858 -7362 Services Erie County Department of Social 279 Trzyna Michaeleen 858 -7362 Services Erie County Department of Social 280 Tacker Harold 858 -7362 Services Erie County Department of Social 281 Ufland Denise 858 -7362 Services Eric County Department of Social 282 Ulrich -Boltz Peggylynn 858 -7362 Services Erie County Department of Social 283 Vaderl- faeghe Rosemary 858 -7362 Services Erie County Department of Social 284 Vandette Constance 858 -7362 Services Eric County Department of Social 285 VanNatter Warren 858 -7362 Services Erie County Department of Social 286 Wagner A] 858 -7362 Services Erie County Department of Social 287 Wagner Albert 858 -7362 Services Erie County Department of Social 288 Wagner Kelly 858 -7362 Services Erie County Department of Social 289 Wakelee Matthew 858 -7362 Services Erie County Department of Social 290 Ward Mark 858 -7362 Services Erie County Department of Social 291 Watkins Alicia 858 -7362 Services Erie County Department of Social 292 Watson Jeanne 858 -7362 Services Erie County Department of Social 293 Wawrzyniak Michael 858 -7362 Services Erie County Department of Social 294 Welker Patricia 858 -7362 Services Erie County Department of Social 295 West Dale 858 -7362 Services Erie County Department of Social 296 Westpfahl Kellie 858 -7362 Services Erie County Department of Social 298 Wieder Kim 858 -7362 Services .Erie County Department of Social 299 Wiest Toad 858 -7362 Services Erie County Department of Social 300 Williams Ruth 858 -7362 Services Eric County Department of Social 301 Williams Wakia 858 -7362 Services Erie County Department of Social 302 Wine Michael 858 -7362 Services Erie County Department of Social 303 Wiskup Sandra 858 -7362 Services Erie County Department of Social 304 Wisniewski Paul 858 -7362 Services Eric County Department of Social 305 Wojcik Kimberly 858 -7362 Services Erie County Department of Social 306 Wojnowicz Michele 858 -7362 Services Erie County Department of Social 307 Woods Flora 858 -7362 Services Erie County Department of Social 308 Young Nancy 858 -7362 Services Erie County Department of Social 309 Zauncr Mark 858 -7362 Services 310. Ziolkowski, Many 311. Riley, Charles 312. Smith, Jr. Dennis A. 313. Buffum, Nathan 314. Morganti, Ronald 315. Archer, Marilyn 316. Alfonso - Cooke, Joanna 317, Bunch, David TOTAL.: 317 f 6 4 j s BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Tondrean, Fritz Gerald Sadler, Zachary Alan Stanford, Nia Rene Bragg, Sonn M. Distant, David Augus Wilson, Jr. Robert B. Thompson, Antoine, M. Cole, Joanne B. Feroieto, Joel Boyd, Mark Chiarenza, Linda Munson- Ellis, Abraham C.L. Brownsfoods, M. Madelon Deck - Miller, Annie Burgasser, Nancy Woodruff, Anita Genovese, Dena Weisbeck, Thomas R. Sickau, Leslie Ar Rockey, Christine Total: ' 20 � ��46 i� 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. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Special Committees Committee on Waterfront Development Committee on Education Tuesday, January 13, 2009 at 9:45 o'clock A.M. Tuesday, January 13, 2009 at 10:00 o'clock A.M. Tuesday, January 13, 2009 at 1:00 o'clock P.M. Tuesday, January 13, 2009 at 2:00 o'clock P.M. Wednesday, January 14, 2009 at 11:00 o'clock AM Wednesday, January 14, 2009 at 1:00 o'clock PM (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 may 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 only make notification of what we are made aware. No. (6! Adjournment On a motion by Mr. Fontana, Seconded by Mr. the Council adjourned at 2 GERALD CHWALTNSKI CI'T'Y CLERK ,Tan b, 2009