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HomeMy WebLinkAbout10-1005-0916ppCORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, October S, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent - None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on September 21, 2010 were approved. FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOCURTO RIrIERA RUSSELL SMITH [ ------------- 1 [M-AJ- 51 [ 213 - 6 [314- 71 *AYE NO * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * October S, 2010 FROM THE MAYOR October 5, 2010 G: SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 0111 -0. 11r�1 October 1, 2010 03 -0 Mayor [:Examining Board of Plumbers PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Ltem No. xxx, C.C.P. xxlxxfxx} Pursuant to Article 40-A, Section 311 of the Charter of the City of Buffalo, I hereby appoint the following individuals to serve on the Examining Board of Plumbers for 3 year terms, commencing immediately and expiring on September 30, 2013. Appointment: Brian Lackie, 714 Abbott Road, Buffalo, New York, 14220. Mr. Lackie currently serves as Chief Pollution Control Inspector for the City of Buffalo Division of Water and fulfills the boards requirement as a Journeyman Plumber. He is replacing Joseph Ferraro. Reappointments: Anthony Ando, 256 Cumberland Avenue, Buffalo, New York, 14213, Mr. Ando currently serves as Chairman of the Examining Board of Plumbers and Chief Plumbing Inspector for the City of Buffalo. Lenny L. Johnson, 1039 Niagara Street, Buffalo, New York, 14213. Mr. Johnson is President of L & D Johnson Plumbing and Heating, Inc. and fulfills the boards requirement as a Master Plumber. Ex- Officio: Jim Eagan, 32 Eiseman, Kenmore, New York, 14217. Mr. Eagan is the Chief Sanitary Engineer for the Buffalo Sewer Authority and is replacing Frank DiMascio. I hereby certify that the above named individuals are fully qualified to serve as members of the Examining Board of Plumbers. SIGNATURE �(,,� , DEPARTMENT HEAD TITLE: rnW. &row O,ady(or i Mr. Fontana moved: That the above communication from the Mayor dated October 1, 2010, be received and filed; and That the appointments and reappointments to the Examining Board of Plumbers for 3 year terms, commencing immediately and expiring on September 30, 2013 of Brian Lackie, residing at 714 Abbott Road, Anthony Ando, residing at 256 Cumberland, Lenny L. Johnson, residing at 1039 Niagara and Ex- Offico Jim Eagan, residing at 32 Eiseman, Kenmore are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. Passed 1 TAB :rmv TANvp6flunswordlrmvUc [ 0- 5a.doc AYE NO FONTANA . FRALN GOLOAME KEARN LOC ... TO i mlu ItUSSE�,� S NffM 2 /3- 6 314- 7 't FROM THE MAYOR e EXECUTIVE DEPARTMENT October 5, 2010 I FROM THE ARTS COMMISSION I d t S INGL E PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL: DATE: October 5, 2010 FROM: DEPARTMENT: BUFFALO ARTS COMMISSION SUBJECT: [:REQUEST TO APPROVE DONATION OF PUBLIC ART I� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.G.P. xxlxxlxx) The Buffalo Arts Commission is requesting permission from your Honorable Body to approve the acceptance of a donation of a photographic portrait of Mayor Frank X. Schwab. The donation is from his family. There is no cost involved in this transaction. The portrait will be on display in City Hall. SIGNATURE DEPARTMENT HEAD TITLE: EMERSON BARR III, EXECUTIVE DIRECTOR BUFFALO ARTS COMMISSION ut� Mr. Fontana moved: That the above communication from the Buffalo Arts Commission dated October 5, 2010, be received and filed; and That the Executive Director of the Buffalo Arts Commission be, and he hereby is authorized to accept a donation of a photographic portrait of Mayor Frank X. Schwab on behalf of the City of Buffalo_ Passed. N TAB:rmv t: w00\u ssvordVmv12o10- 5a,doe * AYE *NO* * FONT WA * FRANCZYK * GOLD E * * * LOCURTO * PJVERA * RUSSELL * Nlaj -5 W ® 6 314- 7 '� '� FROM THE OFFICE OF STRATEGIC PLANNING 2 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO. THE COMMON COUNCIL: DATE: September 30, 2010 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Renew Lease Agreement Between the City of Buffalo and the Buffalo Society of Natural Sciences for use of 1020 Humboldt Pkwy. (a.k.a. Portion of 175 North Parade) - Masten District PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 3, September 19, 2006 Ex. (Item No. xxx. C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE_ SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request from Mark Mortenson of the Buffalo Museum of Science requesting to renew their lease agreement for use of 1020 Humboldt Parkway ( also known as a portion of 175 North Parade). This lease shall commence retroactively on May 1, 2010 and expire on April 30, 2015 all other terms and conditions of the expired lease shall remain. The lease terms shall include but not limited to the following: 1 2 3 Annual rental fee shall be $1.00 and no more. The City shall be responsible for only those items which can be covered by a bond issue, including additions to the building and /or reconstruction, as defined by the New York State Finance Law, and any other capital improvements necessary to keep the building and the premises and grounds thereof and all facilities, equipment and appurtenances thereof in good, safe and sound condition and repair, including but not limited to: a. Replacement of roofing, gutters, conductors, fences, sidewalks and sewers. b. Replacement of heating, ventilation and air conditioning equipment. c. Keep the roadways, sidewalks, grounds and approaches in good condition and passable for use. The Society shall perform all ordinary and minor repairs necessary to keep and maintain the building and the premises and grounds thereof and all the equipment, fixtures and appurtenances thereof in good, safe and sound condition and repair. Such maintenance by the Society shall include, but shall not be limited to the following items: a. Furnish and install light bulbs, tubes or fuses. b. Make minor repairs to plumbing, i.e. replace faucet bibs, adjust or replace closet valves, remove stoppages in sick traps and toilet bowls. c. Make adjustments and minor repairs to oil and gas burners, Keating equipment and air conditioning. d. Do routine glazing. e. Adjust and repair door locks and door check. f. Do all interior painting g. Provide housekeeping maintenance to keep the said premises in a clean and sanitary condition. A 4 �yv FORM #2 - PAGE #2 TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW) 4. The Socieity shall not assign this lease nor sublet all or any part of the building without the prior written consent of the City, which consent shall not be unreasonable withheld. Notwithstanding the foregoing sentence, groups, societies or other entities which are affiliated with the Society may occupy portions of the building without the City's prior written consent. 5. The cost of utilities shall be governed pursuant to the provisions contained in a separate agreement between the Board of Education of the City of Buffalo and the Buffalo Society of Natural Sciences, Inc., such agreement made on the 28 day of January, 1 998 and commonly known as a "Phase 11 Agreement ". 6. The Lessee will provide liability insurance and hold the City harmless from any and all liability, in an amount determined by the City's Corporation Counsel's Office. This office recommends that Your Honorable Body renew their present lease agreement for an additional five -year period commencing retroactively on May 1, 2010 and terminating on April 30, 2015. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: John P. Hannon, Jr. TYPE TITLE: Director of Real Estate, Office of Strategic Planning SIGNATURE OF DEPARTMENT HEAD: JPH:plg REFERRED TO THE COMMITTEE ON FINANCE. 000 #2 (Rev. 1/93) Two Page Communication to the Common Council '. TO: THE COMMON COUNCIL DATE: September 29, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION; Real Estate SUBJECT: Report of Sale 3149 Bailey, N Cor. E Amherst Lot Size: 95'x 116.95' Assessed Valuation: Land $11,100.00 Total. $100,000.00 (University District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Patrick Mansfield on behalf of the Westminster Foundation, P,O. Box 3352, Buffalo, New York 14240 to purchase 3149 Bailey. The property located at 3149 Bailey consists of 12,800 square feet building situated on a lot having a frontage of 95' x 116'. The property was acquired by the City of Buffalo through tax foreclosure in 2008 and is in very poor condition. The Westminster Foundation intends to acquire this property and adjacent building, demolish the structures and construct and operate a new facility to house an early childhood center and other educational programs. The project will be financed with funding from the Federal Government, M & T Bank and the John R. Oishie Foundation. Total project costs are estimated at Five to Six Million Dollars. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have been contacted and there are no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Westminster Foundation has commissioned Mr. Michael Gluc M.A.I., of Northeastern Appraisal Associates Commercial Inc., to estimate the Fair Market Value of the subject property. He has estimated the Fair Market Value of 3149 Bailey as of July 22, 2010 to be Twenty Five Thousand Dollars ($25,000.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal report and concurs with the appraiser's estimate of value. Westminster Foundation has agreed and is prepared to pay Twenty Five Thousand Dollars ($25,000.00) for the subject property. They have also agreed to pay for the cost of the transfer tax, recording fees and real estate appraisal. Page 2 Report of Sale — 3149 Bailey I am recommending that Your Honorable Body approve the sale of 3149 Bailey to Westminster Foundation in the amount of Twenty Five Thousand Dollars ($25,000.00). l am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC P?, N1NG / Xj/ r - f JPH:ck Repsalebldg3149baileyl Ire 1 Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 29, 2010, be received and Filed; and That the offer from Mr. Patrick Mansfield on behalf of the Westminster Foundation., P.U. Box 3352, Buffalo, in the sum of Twenty- Five Thousand Dollars ($25,000.00) for the purchase of 3149 Bailey, be and hereby is accepted; and That the transfer tax, recording fees and cast of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 3 TAB:rmv tAwp6D imwordVmvl c1©- 5a.doc AYE NO � FONTANA - CZ GOLOMMEK HAYNES KEARNS LOCURTO iiMRA RUSSELL q aj ® 5 2f3 - 6 j 314- 7 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL. DATE: September 27, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 233 Hamburg, 100' S South Park Lot Size: 30' x 150, wap 6.50'x 26' NE Corner Assessed Valuation: $2,000.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William Metzger, 571 South Park Avenue, Buffalo, New York 14204 to purchase 233 Hamburg. Mr. Metzger owns an office building at 571 South Park, a vacant lot at 577 South Park and a one family house at 583 South Park. He intends to expand his property line and use for additional green space which are all adjacent to 233 Hamburg. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar and Ten Cents ($1.10), per square foot. Mr. Metzger has agreed and is prepared to pay Two Thousand Seven Hundred Dollars ($2,700.00), Sixty Cents ($.60) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 233 Hamburg to Mr. William Metzger in the amount of Two Thousand Seven Hundred Dollars ($2,700.00). lam further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck JOHN P. HANNON, JR. DIRECTOR OF REAL ES TE OFFIC F ST T C P NNING i� I� 4 Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 27, 2010, be received and filed; and That the offer froze. Mr. William Metzger, residing at 571 South Park Avenue, in the sum of Two Thousand and Seven Hundred Dollars ($2,700.00) for the purchase of 233 Hamburg, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. VV �A TAB: t:Awp60'gwword\ nnvl4c10- 5a.dac * AYE *NO* m r� FONT ANA * * GOLOMBE * HAYNES * KEARNS * LOS TO * * U�SE * SNOrM * 2/3- 6 314- 7 * '� #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 28, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION Real Estate SUBJECT: Report of Sale 189 Kentucky, 175'N O'Connell Lot Size: 25'x 102' Assessed Valuation: $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from the Ms. Lenette C. Mitchell, 187 Kentucky Street, Buffalo, New York 14204 to purchase 189 Kentucky. Ms. Mitchell owns and resides at 187 Kentucky which is adjacent to 189 Kentucky. This vacant lot will be used for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar and Ten Cents ($1.10), per square foot. Ms. Mitchell has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Sixty Five Cents ($.65) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 189 Kentucky to Ms. Lenette Mitchell in the amount of One Thousand Seven Hundred Dollars ($1,700.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck Reportsa le169ke ntuckylreal JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING r i s� Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 28, 2010, be received and filed; and That the offer from Ms. Lenette C. Mitchell, residing at 187 Kentucky Street, in the sum of One Thousand and Seven. Hundred Dollars {$1,700.00} for the purchase of 189 Kentucky, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 5 'rna:rnv t:%wp60Vmword\ nnv15e10 -5a.dw 6 1 GOLOMBEK HAYNES LOCURTO RUSSELL maj - 5 2/3- 5 314- 7 ' C #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 27, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 42 Mulberry, 205'N Goodell Lot Size: 25'x 100' Assessed Valuation: $1,400.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. George K. Arthur, Jr., 154 Roebling Avenue, Buffalo, New York 14215 to purchase 42 Mulberry Street. Mr. Arthur owns a two family dwelling at 61 Maple, which is adjacent to 42 Mulberry. He intends to use the vacant lot for additional green space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Fifty Cents ($.50) to Seventy Five Cents ($75), per square foot. Mr. Arthur has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Fifty Cents ($.50) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. As a matter of disclosure, Mr. George K. Arthur, Jr. is a Buffalo Firefighter and has complied with all procedures to acquire this property. I am recommending that Your Honorable Body approve the sale of 42 Mulberry to Mr. George K. Arthur, Jr. in the amount of One Thousand Three Hundred Dollars (;1,300.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: ,JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE �-a O-FTCE F TRAT GI PLANNING SIGNATURE OF DEPARTMENT HEAD: . _.• JPH:ck Reps alehouseemployeedis42mulberrylre 3 1 That the offer from Mr. George K. Arthur, Jr., residing at 154 Roebling, in the - sum. of One Thousand and Three Hundred Dollars ($ 1,300.00) for the purchase of = 42 Mulberry, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 6 TAB.r v e tA%vp60Vmwor&rmv\6o I0- 5a.doc A NO i' NTAj vA g yp..,.-- Z p g V GO 11 EK LOCURTO ilmlu �� ryp s Sk y aj -5 2 m 6 314 7 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 24, 2010 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Utility Easement Agreement Niagara Mohawk for use of 245 Porter — School No. 3 Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xxl TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk, along with a Utility Rider. The request is being made in order to allow and provide for electrical upgrades to School No. 3, located at 245 Porter Avenue, as described and shown in the attached proposed legal description and map. This office has contacted the Corporation Counsel's Office, the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. I am recommending that Your Honorable Body approve the attached easement agreement pursuant to Corporation Counsel review and approval as to form. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. TYPE DEPARTMENT HEAD NAME TYPE TITLE: JPH:plg C J[easelceasement245portersch3 DIRECTOR OF REAL ESTATE OFFICE OFS RATEGI LANNING GRANT OF EASEMENT THE CITY OF BUFFALO of City Hall, 65 Niagara Square, Buffalo, New York, 14242, (hereinafter referred to as "Grantor"), for consideration of One Dollar ($1.00), and other valuable considerations paid, the receipt and sufficiency of which are hereby acknowledged under seal, hereby grants to NIAGARA MOHAWK POWER CORPORATION,, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse, New York 13202 (hereinafter referred to as "Grantee "), for Grantee and their lessees, licensees, successors, and assigns, the perpetual right and easement as described in Section I below (the "Easement ") in, under, through, over, across, and upon the Grantor's land, as described in Section 2 below (the "Grantor's Land "). Section 1— Description of the Easement. The "Easement" granted by the Grantor to the Grantees consists of a perpetual easement, with the right, privilege, and authority to: a. Construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at its pleasure, abandon or remove underground electric facilities including a line or lines of wires or cables (either direct - buried or installed in underground conduits), hand holes, manholes, conduit, vaults, junction boxes, pad -mount transformers, housings, connectors, switches and switching equipment, pipes, pedestals, closures, ducts and duct work, markers, cables, connections to overhead and underground lines, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and other fixtures and appurtenances (collectively, the "Facilities"), which the Grantees shall require now and from time to time, for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and communication purposes, by any means, whether now existing or hereafter devised, for public or private use, in, upon, over, under, and across that portion of the Grantor's Land described in Section 3 below (the "Easement Area'), and to renew, replace, add to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Easement Area, and utilize the Facilities within the Easement Area for the purpose of providing service to the Grantor and others; b- From time to time, without further payment therefore, clear and keep cleared, by physical, chemical, or other means, the Easement Area of any and all trees, vegetation, roots, aboveground or belowground structures, improvements, or other obstructions and trim and/or remove other trees, roots and vegetation adjacent to the Easement Area that, in the opinion of the Grantee, may interfere with the construction, operation, and maintenance of the Facilities. The first clearing may be for less than the full width and may be widened from time to time to the full width; C. Excavate or change the grade of the Grantor's Land as is reasonable, necessary, and proper for any and all purposes described in this Section 1; provided, however, that the Grantee will, upon completion of their work, backfill and restore any excavated areas to reasonably the same condition as existed prior to such excavation; and d. Pass and re -pass along the Easement Area to and from the adjoining lands and pass and re -pass over, across, and upon the Grantor's Land to and from the Easement Area, and construct, reconstruct, relocate, use, and maintain such footbridges, causeways, and ways of access, if any, thereon, as is reasonable and necessary in order to exercise to the fullest extent the Easement. Section 2 — iDesericition of Grantor's Land. The "Grantor's Land" is described in a certain Deed recorded in the Erie County Clerk's office on July 27, 1924 in Liber 1542 of Deeds at Page 40 and consists of land described as being part of Tax Parcel No. 99.83 -1 -1 of the City of Buffalo, County of Erie, New York, and Part of Lot No. 111 commonly known as 245 PORTER AVENUE. Section 3 -- Location of the Easement Area, The "Easement Area" shall consist of a portion of the Grantor's Land 10 feet in width throughout its extent, the centerline of the Easement Area being the centerline of the facilities. The general location of the Easement Area is shown on the sketch entitled "Exhibit A ?', which sketch is attached hereto as Exhibit A and recorded herewith, copies of which are in the possession of the Grantor and the Grantees. The final and definitive location(s) of the Easement Area shall become established by and upon the final installation and erection of the Facilities by the Grantees in substantial compliance with Exhibit A hereto. Section 4 Facilities Ownership. It is agreed that the Facilities shall remain the property of the Grantees, its successors and assigns. Section 5 — General Provisions. The Grantor, for itself, its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Grantee that no act will be permitted within the Easement Area which is inconsistent with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated, or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area This Grant of Easement is made and accepted subject to all of the provisions of the utility Rider which has been attached hereto and is hereby made a part hereof. c � without the prior written consent of the Grantee, it being the intent that the Easement herein conveyed is intended to prohibit the longitudinal or parallel use or occupancy of said Easement Area by surface or subsurface activities or structures which might damage or interfere with the Facilities; the Easement shall not be modified nor the Easement Area relocated by the Grantor without the Grantees' prior written consent; the present grade or ground level of the Easement Area will not be changed by excavation or filling; the Grantee shall quietly enjoy the Grantor's Land; and the Grantor will forever warrant title to the Grantor's Land. The Grantee, their successors and assigns, are hereby expressly given and granted the right to assign this Easement, or any part thereof, or interest therein, and the same shall be divisible between or among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shall have the full right, privilege, and authority herein granted, to be owned and enjoyed either in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a continuing covenant running with the Grantor's Land and shall inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Grant of Easement. IN WITNESS W IlE1 EOF, the Grantor has duly executed this Grant of Easement under seat this day of APPROVED AS TO FORM ONLY TIC CITY OF BUFFALO By: Title: State of Mew York } County of ss: Signature of Grantor fL.S.) On the day of , in the year 2Q— before me, the undersigned, a Notary Public in and for said state, personally appeared , personally known to me or proved to the on the basis of satisfactory evidence to be the individual(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Complete for ALL Grantors: Please print name and address of Grantor(s) (If Grantor is other than an individual(s), print name and address of Company and include name and title of signer): Name(s): Address: Company: CityNillage/Town Title: State: Zip Code: d The provisions in this bider are an integral part of the easement instrument ("Easement') to which it is attached, and supersede any conflicting provisions in the Easement if such conduct exists. "owner" means the star of the easement rights and any future owner of the property. "Grantee" means the grantee of the casements rights and any person attempting to exercise such rights. 1) This is a non-exclusive easement. 2) All construction, installation, operation, maintenance, repair, replacement or removal by Grantee shall be at no Brost to the der. 3) All improyernents, fixtures and equipment in the easement area shall be installed_ below the ground surface and shall not be visible from the ,surface carless specifically indicated to the contrary herein or shown on an attached drawing, 4) If the surface of the easement area or of Owners property or if any irnproverneats thereon are disturbed by Grantee's activities at any time, the surface and improvements shall be promptly restored by Grantee and to good condition. 5) owner and its successors or assigns shall have the right to use the land within the easement in any manner which does not interfere with the rights of Grantee; including without limitation, the right to pane the laud and use the same as a pares lot or roadway and the right to install, rnainta4 replace, repair, remove and operate utility lines, such as sanitary sewers, storm sewers and gas lines, provided, no building or structure shall be erected or permitted on the easement without Grantee's consent which consent Grantee agrees not to unreasonably withhold or delay. llidwer5�taw1svp6ptJ5ei v 1UTEC�YYWl7htETaTKIDEP.11- 4tr4UotAx N I� , QO O "Lands of Buffalo Public School 3 99.83 -1-1 New Pad Mount Transformer UMERGROU, ELEC, IN TRENCH W WIDE ESMT AR 4 .Existing Pole 255R - -- z -1, EXIHBIT A City of Buffalo ERIE COUNTY �a e € ROP OSED UTILITY EASEMENT BUFFALO PUBLIC SCHOOL #3 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, being part of Lot 111 and more particularly described as follows: BEGINNING at a point in the southwesterly line of Niagara Street 264.00 feet southeasterly from the southeasterly line of Porter Avenue; thence southwesterly at right angles a distance of 70.00 feet to the PRINCIPAL POINT OF BEGINNING; thence northwesterly at right angles a distance of 20.00 feet to a point; thence southwesterly at right angles a distance of 40.00 feet to a point; thence southeasterly a distance of 20.00 feet to a point; thence northeasterly'at right angles a distance of 40.00 feet to the PRINCIPAL POINT OF BEGINNING, Cadd 2008: /2008023 /EASEM ENT.doc m NIAGARA c99 wlaE> ROAD CROWN - - 2 0 g - k2'V.T. PER BUF FALO SEWER R ECOR D PLANS SA s 23 LEC 1 � DE LIE _ wz Saw. UE f,) -- 12WAYER 264.00 TO THE SOUTHEASTERLY GRASS ASPH LINE OF PORTER AVENUE GRASS __.. - � 01� q ct _ EEL 7.4 t' RANDALL E. & PAULINE D. FORTIER (REP UTED OWt;ERS) 620 WAGARA STREET CITY OF BUFFALO PUBLIC SCHOOL 3 Q 2 �q 58L l ZON 3 2 C! ZONE UT (REPED OWN €R) 567 S€WNTH STREET 7.4' 20.00' PROPOSED SSL 99.03 - - NATIONAL GRID R3 ZONE O. vv b. PAD MOUNT -r l TRANSFORMER N � _ PROPOSED EASEMENT AREA is EX #STING GAS COMPOUND � U a a UE UT -- --""' UT - FIRELANE Dt99D� GERALD do MARCELINA RONALD (REPUTED OWNERS) 0 CONC � 557 SEVEHIH STREET e SDL 99.83 -1 -25 . - - 71.73' R3 TONE :U z s� UTILITY EMEN T BUFFALO PUBLIC SCHO 3 567 SEVENTH STREET CITY OF BUFFALO COUNTY OF ERIE STATE OF NEW YORK Deborah A. Naybo PLS, P.C. Land Surveying - Land Planning 1490 Church Street WARNwG: ALTERING THIS DOCUMENT IS IN VIOLATION OF THE iAW EXCEPTING AS AEden, New York 14004 Ph: (716) 937 - 9446_ Fax: (716) 937 - 9526 PRONGED IN SECTION 7209, PART 2 OF THE NEW YORK STATE EDUCATION LAW. OATC : 3/5/2010 SHEET : 1 OF 1 DNTJ BY : Dms - CADD2008: 2008023 \ &d 5FMENT.Mk G J08 KO.: 2"23 SCALE : V a 3O' - - CHK'D By : WN M EXECUTOR'S DEED —Chap. 475, Laws of Now York, jago (1542) 301MUM, Made the day of in the year dret and �24iU1@£i1 � � � Or' i �y �� �, o c, ct- „y,qv the IRA will and 6tam of late of deg� first part, and A seco part: 39MIM1144, That the said part t.he first part, by virtue of the power and authority Jw9men in and by w. ,_t4ftinent d. in consideration of an dolfa ,lawful' in Go WILL states, paid aa, dabkhereby grant and re oney.of the United hy he said part L�,,.of the second p lease UZ-aid pa rt f the A part, second U and assigns forever '�� �-�- �,,.��. - � U,,,_, � _r V z� 4'1 f; 5 E . `Z... (rsaz) together with the appurtenances and also all the estate which the said testator had at the time of b decease in said promises, and also the estato therein? which the acid par6 of the firat part hagt — r bal�Mwer to dispose of, whether individually, or by virtue of said will or otherwise. ,Q.sti�...s -m ws�✓ Ell IlEtue afib to #tt[d the above granted promises unto the said part of the second part,. —# h 6W and assigns forever, 4 And the said partko the first part eovenan4 with the said partr� of t seeond part, that the part of the first part hak done or suffered anything whereby the said promises have been incumbered in any way whatever. ° j At Witupoo W4trvjqf, The said par&"6 first part hn r�hereun #o sat t haut Ud scope day and year first above written. IN TIM PRE8nrter, ors Esc i 21- { SPATE OF NEW YORK, .c t �ts�. � � ��, C-- [� 1� . ComrTz or...� . - ...... ss. �• f � On the `L G day of in the year undyed and h before me, the subscriber, personally appeared .- .. �M o s -d in and who executed the within instrument, and t the executacl the same. O� ���✓. a i I Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 24, 2010, be received and Filed; and That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, in order to allow and provide for electrical upgrades to School No. 3, located at 245 Porter Avenue. That the Acting Corporation Counsel be, and he hereby is authorized to review and approve the Utility Easement Agreement as to form and to make any non - material changes or additions necessary to effectuate the intent of the Agreement and that the Mayor be authorized to execute the same. Passed. 7 s • ZI tAwp60\mswordlmivl7c r 0- 5a.dco * AYE *NO* * FONTANA * FRANCZYK * GOLOMBE * HAYNE * S * L0� T� * * S * * * * aj d 5 2/3- 6 314- 7 44 (Rev 7 -07) Certificate Appointment J 1, tit compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of lite City of Buffalo, I transmit this certification of appoints €ie €tt(s) or prornotiottfs). I further certify that lite persor€(s) uattted in Schedule "A" have been certified or approved by the I Iumm ResourceslCivil Service for the Appointment Effective: SEPTEMBER 30, 201 in the Department of EXECUTIVE Division of O FF IC E OF STRATEGIC PLANNING to the Position of EXECUTIVE ASSISTANT TO THE EXECUTIVE DIRECTOR Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $42,297. LAST JOB TITLE NAME LANETTE BOULWARE- WRIGHT LAST DEPARTMENT DATE ADDRESS 127 HARVARD PLACE LAST SALARY CITY & ZIP BUFFALO, NY 11209 LAST 4 DIGITS OF SSN. XXX -XX -5519 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10309001 TITLE CODE NO 0336 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ. NO 2010 46 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR SEPTEMBER 30, 2010 SIGNATURE OF APPOINTING AUTHORITY: 0_ ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET 96-DEPARTMENT #7-DIVISION #B-EMPLOYEE(S) 4 . 1_) FROM THE COMPTROLLER October 5, 20 1© (0 Transfer of Funds o M U We, Byron W. Brown, Mayor and Andrea A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $270,000 be transferred and reappropriated From the Police and Fire Pension to the Department of Human Resources, as set forth below: From: Police and Fire retirement System 17303002- 423002 PFRS Pension $355,000 To. Human resources 12554006 - 432004 Engineering and Technical $270,000 12554006454000 Advertising 85,000 Dated: Buffalo, NY, September 24, 2010 r�� f � - f ?� V6'Q �'j 000 d C er t if i ca te -. .. f eceS 1 ........ ............................... .... Transfer of Funds Inventory & Stores Tire R a u We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that it is necessary that the sum of $60,000 be transferred and reappropriated from Inventory &. Stores as set forth below: From: Administration & Finance --- Inventory & Stores 11781005 — 465002 Sp Tire Tube $60,000 To: Public Works - Streets 15050005 - 465002 Sp Tire Tube $60,000 Dated: Buffalo, NY, August 9, 2010 Z'�. -6-� YOR 3 Comptroller t} f ' �- BYRON W. BROWN MAYOR DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS July 26, 2010 Donna Estrich, Director of the Budget Department of Administration & Finance 203 City Hall Buffalo, New York 14202 k� STEVEN J. STF -PNIAK COMMISSIONER PETER J. MERLO, P.E. CITY ENGINEER With the adoption of the 2010 -2011 City Budget on July 1, 2010, five (5) Tire Mechanics and one (1) Motor Equipment Mechanic Supervisor I were transferred to this department and those employees became members of the Division of Streets. I therefore request that $60,000 be transferred from the Department of Administration, Finance, Policy & Urban Affairs, Division of Purchase to this department for the expenses that we expect to incur for managing and running the Broadway Garage Tire Room. I have attached a copy of the Duties and Responsibilities of the Tire Room Supervisor as created by your department. If you have any questions, please contact me directly at 5636. Very truly yours, Steven J. Stepiniak Commissioner SJS /GAM cc; Henry Jackson Thomas Laudico Janet E. Penksa Kathleen Fitzpatrick Attachment j "I� 65 NIAGARA SQUARE / 502 CITY HALL / BUFFALO, NY 14202 -3373 / (716) 851 -5636 / FAX (716) 851 -4201 / Emaii. sstepniak@city- buEFalo.com FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS October 5, 2010 0; 2 { POSITION ALLOCA "MAINTENANCE FORM '46 Title � ,c P t er ProRrammer Department[Division MIS Start Date Original PR No. 2007- 004 ;x ` f jo 15 QsKSC Title Code No. 0950 Salary 44037 -51053 Budget Function No. 100871001 Reason for appointment (check one) ® Status Change ® Reinstatement ® Replacement ® Extension Type of Status Change (check one) Tube ofAmuointment: ® Permanent ❑ Contingent Permanent ® Provisional ❑ Temporary ❑ Seasonal ® From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ® Exempt ® Competitive ❑ Non - Competitive Comments: Exam results- Ifterbert Richardson became permanent -Janet was temporary in his position Employee Information: Name Janet SanF'ilippo SS# { Address 215 Saranac Ave DOB City Buffalo �. State NY Zip Code 14216 �- I L) Signatur6 of Appointing Authority { Date { { Signature of Director of Budget Date .7 { { Signature of Adm. Director of Civil Service ` Date REFERRED TO THE COMMITTEE a r " Send original copy signed by Dept. Head to Budged Send or email Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget `t POSITION ALLOCATION MAINTENANCE FORM Title Commuter ProRrarnmer Department/Division MIS Start Date r - , _ . � � (:� / 0 0 Original PR Nb. 2407 -114 Title Code No. 4950 I N, Salary 44037 - 51053: Budget Function No. 100871001 1 Reason for appointment (check one) ® Status Change ❑ Reinstatement ® Replacement ❑ Extension Type of Status Change (check one) TVDe.of Appointment: ❑ Permanent ❑ Contingent Permanent ® Provisional Cl Temporary ❑ Seasonal M From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt ® Competitive ❑ Non - Competitive Sp gv18 Comments: Exam results- Joseph Strianese became permanent Kathrvn was tmporary in his position- Emnlovee Information; Name Kathryn Barker SS# Address 246 Prospect DOB f City Buffalo State NY Zip Code 14201 Signature of Appointing Authority ( Date Signature of Director of Budget Date Signature of Adm. Director of Civil Service ervice Date �.� �:�� � ITT Send original copy signed by Dept. Head to Budget �. � Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS October 5, 2010 0q0 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September l5, 2010 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx. C.C.P. xx/xx/xx) ONE-WAY STREET DIRECTION - REPEAL [: Notification Serial # 10570 [: Repeal One -Way Street Direction [: Leland Drive — westbound [: from South Park Avenue [: to Zollars Avenue [: (South District) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Leland Drive westbound from South Park Avenue to Zollars Avenue This action reverses the temporary installation of one way on Leland Drive. (Notification Serial 10303) SJS/PJM /EDS TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (ns 10570.doc) ,_ r t. #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 15, 2010 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10563 {: No Standing - Repeal j; on Maier Street, west side [: between Edward Street j: and West Ferry Street [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Itern No. xxx. C.C.P. xx/xx/xx) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Main Street, west side between Edward Street and West Ferry Street 7am -10 am Except Sunday This action is being taken to remove an outdated parking restriction on a street with a much lower volume of traffic than there was when the restriction was installed. SJS /PJM /EDS /RWS Cc: Kevin Helfer, Director of Parking Enforcement TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: I*—v__ (A1ainW0 PcAH,Rcpcal) 41 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 15, 2010 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: j: Notification Serial #10564 [; No Standing - Repeal [: on Main Street, east side [: between Goodell Street [: and East Ferry Street [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD e DAILY Main Street, east side between Goodell Street and East Ferry Street 4pm- 6:30pm Except Sunday This action is being taken to remove an outdated parking restriction on a street with a much lower volume of traffic than there was when the restriction was installed. SJS /PJM /EDS /RWS Cc: Kevin Helfer, Director of Parking Enforcement TYPE DEPARTMENT HEAD NAME: Peter J. Medo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (Nbl.na iNAH,Reaal.daj #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: Sept. 28, 201© FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Change in Contract [: Amherst Street Traffic Signal Improvements f: Contract # 93000216 t: PIN # 5756.80 f: North, Delaware, Masten and University Districts PRIOR COUNCIL REFERENCE: (I1~ ANY) f: (Item No. 28 C.C.P. 03/16/04) Contract Summary: Contract Amount S 135,412.00 + Amount of Change Order $ 44,758.30 Revised Contract Amount $ 180,170.30 City share of Change Order — $2,237.91 I hereby submit to your Honorable Body the following change for this contract. Hatch Mott MacDonald Inc. is the Consultant for the Amherst Street Traffic Signal Inprovements Project for the City of Buffalo. This contract provided for the construction management and inspection of this project. Due to unforeseen circumstances , which included phasing changes to the intersection of Amherst and Military, the project exceeded the expected construction period by several months. This increase is necessary to fund additional design, construction management and inspection services needed for this project. This increase specifically deals with the improvement of signal phasing and signage at the intersection of Amherst and Military to increase safty and meet City of Buffalo standards.Details of the design and inspection work is attached.This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved, and request that your Honorable Body approve the subject change order and athoriize the Commissioner of Public Works, Parks and Streets to issue said increase for $44,75$.30. of this amount 5% or $2,237.91 is the City share of the change.The Federal and State portions ( 95% ) have already received approval. The funds are available in Capital Project Account #31960206- 445600 PJM /JDB /TJD:dab CC: Steven J. Stepniak, Commissioner TYPE DEPARTMENT HEAD NAME: Peter J. Merlo TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 1K- (ChangeOrderAmherst.docx) r�, Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Hatch Mott MacDonald Inc., an increase in the amount of $44,758.30, as more fully described in the above communication, for work relating to Amherst Street Traffic Signal Improvements, Contract #93000216, PIN #5756.80. Funds for this project are available in Capital Project Account #31960206e445600. Passed 13 t :kwp60\mswor&-.rmvNl3clO- 5c.doe a h FONTANA FRANCTM * GOLD MEEK .. HAYNES * LOCURTO * RUBBED * S aj _ 5 213 -6 314- 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON OUNCIL CG0 TO: THE COMMON COUNCIL DATE: September 27, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: Change in Contract Broadway Market Boiler Replacement [: Job #0970 j: Fillmore District PRIOR COUNCIL. REFERENCE: (IF ANY) [ EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for the Broadway Market, Boiler Replacement, John W. Danforth Co., C #93000598. 1. Additional asbestos work required due to leaking pipes on the Add $ 2,530.00 1st floor found to contain asbestos. The foregoing change results in a net increase in the contract of Two Thousand Five Hundred Thirty and 00 /100 Dollars ($2,530.00). Summary: Original Contract Amount $167,900.00 Change Order #1 Add $ 26,367.00 Amount of This Change Order ( #2) Add $ 2,530.00 Revised Contract Amount $196,797.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32320106 445100 - Division of Buildings. SJS /PJM /DAH /dIg cc: Comptroller Joseph Schollard, Buildings Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2 to John W. Danforth Co., an increase in the amount of $2,530.00, as more fully described in the above communication, for work relating to the Broadway Market Boiler Replacement, Job #0970, Contract #93000598. Funds for this project are available in 32320106- 445100 — Division of Buildings. Passed 14 TAB:rmv t: lwp6©14nswordl:nnv114ci0- 5c.doc Ala NO FONTS FRANCZYK GOLD MBEK 1111A� s Wb RIVERA RUSSELL maj - 5 2/3- 6 314 - 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 27, 2010 0 0 C FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract (: City Hall [: Emergency Generator [: Job #0946 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: hereby submit to Your Honorable Body the following changes for City Hall, Emergency Generator, CIR Electrical, C #93000555. 1. November 2009 price increase for the generator package due to delay in contract approval. $ 3,572.22 The foregoing change results in a net increase in the contract of Three Thousand Five Hundred Seventy Two and 221100 Dollars ($3,572.22). Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $ 165,900.00 Add $ 3,572.22 $ 169,472.22 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 24490627 474100 - MIS. SJS /PJM /DAH /dlg cc: Comptroller Joseph Schollard, Buildings Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Comm_ issioner of Public Works, Parks & Streets Signature of Department Head: Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1 to CIR Electrical, an increase in the amount of $3,572.22, as more fully described in the above communication, for work relating to the City Hall, Emergency Generator, Job #0946, Contract #93000555. Funds for this project are available in 24490627 474100 — MIS. Passed 15 �j t:lwp6OVaswor&:rmAI5ci 0- 5c.doc c� * A 'M k rp GOLOMBE AA LO CURT * a RUSSELL Mai a 5 2 /3- b 314- 7 06C4` 7 #1 (Rev. 1{93) SINGLE PAGE, COMMUNICATION TO THIS COMMON COUNCIL j`A TO: THE COMMON COUNCIL DATE; Sept. 28, 2010 PROM: DEPAR:FMRNT: Public Works DIVISION: Engineering SUBJECT: [: Change in Conh'act [; Mill & Overlay —Various Locations in the City of Buffalo [: Contract # 93000454 PIN ## 5759.15 [; All Districts PRIOR COUNCIL REFERENCE (IF ANY) (: ( Item No. 21 C.C.P. 03131/09) I hereby submit to your Honorable Body the following change for this contract. Hatch Mott MacDonald. is the Consultant for the Mill & Overlay Project ( Various Locations in the City) for the City of Buffalo. This contract provided for the construction management and inspection on the base bid work of this project. This project was based on a construction budget of $800,00.00 in work with proposed alternates as funds became available. The City of Buffalo has abtained an additional $375,000.00 of ARRA funding and has incorporated the alternate work into the project. This increase is necessary to fund additional inspection services needed for alternate work on this project. This is 100% ARRA funded project I certify that this increase of $ 29,750.00 is fair and equitable for the work involved, The ARRA funds (100% } have already received approval. The funds are available in Capital Project Account # 31820005.445600. PIWJ"DB/TJD:dab CC: Steven J. Stepuiak, Commissioner T YPE DEPARTMENT MEAD NAME: Peter J. Merlo TYPE TffLE: City Engineer SIGNATURE OF DEPARTMENT HEAD; (ChangeorderMill &Overlay- 091410.doc) { �t,} Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Hatch Mott MacDonald Inc., an increase in the amount of $29,750.00, as more fully described in the above communication, for work relating to Mill & Overlay — Various Locations, Contract #93000454, PIN #5759.15. Funds for this project are available in Capital Project Account #31820006445600. Passed 16 TAB:rmv t:lwp60\mswor&:Rnv11 Sc16- 5c.doc { r9. AYE NO FOA PIZAN GOLOMBEK �r RAYNE # KEARNS LOCUR RWERA �t RUSSELL SNffM aj 213 6 314- 7 { r9. t #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO T14E COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 30 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [ Change in Contract Overlay of City Streets [: BURA Funded — 2010, Gr. #707 [: Contract #93000590 PRIOR COUNCIL REFERENCE: (IF ANY): c.c.p. #29 of 5127/08, c.c.p. #13 of 9/16/008 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to increase unit quantities to complete additional paving at the following locations: Delaware District Coburg --- St. Lawrence to Kenmore Linwood — Lafayette to West Delavan Niagara District Lafayette — Niagara to Grant North District Eckhert — Vulcan to Roesch Bridgeman — Amherst to Chandler Contract Description Unit Item Price 02.403 Milling Existing Pavement 403.1701 Asphalt Concrete -- Type 6 12.110 Maintenance & Protection of Traffic Original Contract Amount Change Order #I Change Order #2 $1.70 /sq.yds. $63.00 /ton 100% $878,268.60 $ 296,731.00 $ 213,331.00 $77,777 $77,777 $57,777 Estimated Estimated Quantity Cost 23,000 $39,110.20 2,625/tons $165,375.00 1/ lump sum $8,845.80 Total Change Order $213,331.00 Total Contract to Date $1,388,330.60 Funds are available in Capital Projects Accounts to be named at a later date. This is for CDBG year 35/36 paving. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc. PJM:SJS:MJZ:Ilf cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: Ci ngineer SIGNATURE OF DEPARTMENT HEAD: i.. AYE NO FONT ANA Z GOLOMBEK HAYNES KEARNS LOC RUSSE maj ®5 213- b 314- 7 (9 #1 (Rev. 1/93) SINGLE .PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 30 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) (: [ Change in Contract [: Resurfacing of City Pavements [: 2010, Group #711 f: Amherst Paving, Inc. {: Contract #93000622 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to make asphalt repairs at the Buffalo Zoo. The paving request by Donna Fernandez — Executive Director is for general upkeep, zoo accreditation and public safety. The locationsare as follows: Area #1 — Maitnenance Vehicle Larking Lot - Mini -mill & Machine Pave @ 1" depth ---- 18,984 sq.ft. Area 42 — Vanishing North -- Mini -Mill & Machine Pave @ 1" depth _.. 5,325 sq.ft. Area #3 — Concession Area — Peel Asphalt & Machine/Hand Pave @ 3" depth — 15,474 sq.ft. Area #4 — Main Parking Lot — Reconstruction _. 121,500 sq.ft. Contract Description Unit Estimated Estimated Item Price Quantity Cost 90.500 Miscellaneous Construction Lump Surn 100% $421,000 Total Change Order $421,0000 Existing Contract Amount Change Order #1 Total Contract to Date $ 2,694,648 $ 421,000 $ 3,115,648 Final payment for this work will be the actual time, equipment and material based on average construction rates for this type of work. Funds are available in account(s) #33311406445100, #33311106-445100 and another account to be named at a future date. A specific bond had been sold for $421,000 for the Buffalo Zoo improvements. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Amherst Paving, Inc. PJM:SJ&MJZ:llf PASSED Attach. (2) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT ENT HEAD: &l s ; d d'o f By: Michael P. Kearns Subject: (type single space) Bond Resolution Buffalo Zoo Parking Lot and Pathway Paving Account 3000.31 Text: (type single space below) Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $421,240 General Improvement Bonds of said City to £'trance the cost of recreational area improvements for the ` Buffalo Zoo located at 300 Parkside Avenue, in the City, at the estimated total cost of $421,240, The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote ofnot less than two - thirds of all the members of said Common Council) as follows: Section 1, The Comptroller of the City of Buffalo, in the County of Brie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in'the principal amount of Four Hundred Twenty-One Thousand Two Hundred Forty Dollars ($42I,240), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Lave"), to finance the cost of recreational area improvements for the Buffalo Zoo located at 300 Parkside Avenue, in the City, including asphalt: pavement millinglreswTacing, curbing, sidewalks, drainage, striping, pathway construction and related work, The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $421,240 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended, Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Buffalo Zoo Parking Lot and Pathway Paving, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section I of this resolution .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $421,240. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $421,240 bonds herein authorized are to be issued, within the limitations of §11,00 a. 19(c) of the Law, is fifteen (I5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolutions or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contains the recital of validity prescribed by Section 52.00 of the Local Finance Lave. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest or and for the amounts required for the amortization and redemption of said bonds and said notes. 603451.1033'787 RS ND Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contester[ only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty clays after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: 603451.1033787 RS )N17 That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. ON W. BROWN t yor 4�1� � d ` W. � \\.� � \ � » \�� � Im "; e' Zera,Mike From; drnfemand@aol.com Seat: Tuesday, August 03, 2010 1:15 PM To: Stepniak,Steve Cc: Merio, Deter; Zera,Mike Subject: Buffalo Zoo Parking lot paving and pathways Hi Steve, In the City's last capital budget, the Buffalo Zoo was approved to get the parking lot repaved as well as several train pathways. We had a woman fall on Wednesday near our restrooms (the badly paved area between our Beastro concessions and gorilla vestibule). 1 haven't received a lawsuit yet but that could still come. Do you have a timetable of when ourparking lot and pathways will be done? We need to get k done this fall at the latest We are up for accreditation next year and the inspectors come in June so it should be done this year to avoid disruption during the busy Mayftne school season when our parking lot is full. Thanks, Donne p.s. We are going to have to put in for roof repairs in next year's budget Large sections of plaster are coming down in all of the upstairs offices of the main building. This will also get cited in our AZA accreditation inspection if not repaired. --Original Message__—_ Prom: Flumerfeldt, Laura <HR23@ch.ci. buffalo. ny.us> To: Stepniak,Steve <ARA2 @ch.ci.buffalo.ny.us> Cc: Merlo, Peter <WR0I@ch.ci.buffalo.ny.us >; Zera,Mike <ENG23 c@ch.ci.buffalo.ny.us >, 'dmfernand@aol.corn' <dmfernand @aol.com> Sent: Fri, Jul 30, 2010 10:21 am Subject: Buffalo Zoo Cost Estimate Please see attachment. Thanks, Laura AYE NO FOANA FlIPANCEM GOLD E+ I{ ... HAYNES LO....... TO RUSSET Ella « 5 213 -b 314- 7 41 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 30, 2010 FROM: DEPARTMENT: Public works, Parks & Streets DIVISION: Engineering SUBJECT: (: Permission to accept Funds (: Department of Housing & (: Urban Development [: Economic Development [: Initiative Special Projects PRIOR COUNCIL REFERENCE: (IF ANY)[ Permission is hereby requested from Your Honorable Body to accept a $196,000.00 award through the Department of dousing and Urban Development. This Economic Development Initiative Special Projects was acquired through a Congressional appropriation. The funds will finance a Broadway garage reuse feasibility study and emergency site stabilization for possible conversion. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: SJS /PJM:cam (ect133010.doc) - S *AYE*Na* 'ON'6 FrFUNCZIW �OLO IEK HAYMS LOCURTO llmlu RUSSELL aj ® 5 213- b 3/4- 7 000 2, 9. #1 (Rev. 1%93) SINGLE PACE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: WATER SUBJECT: [: Permission to engage services of Consulting Engineer [: for the next phase of Security Improvements at the [: Colonel Ward Treatment Plant [: Ellicott PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Malcolm Pirnie as consultant to provide engineering services for design and construction inspection services for the next phase of security improvements. Malcolm Pirnie has been the security consultant for the Division of Water for the development of the Vulnerability Assessment and Emergency Response Plan and for implementation of the security improvement plan including the construction of $1.5 million from homeland security money. The next phase of construction will include the powering of the door access control system, installation of wireless access control equipment to allow full integration with existing SCADA (supervisory control and data acquisition), and additional door and hardware improvements at the Colonel Ward Facility. The costs for consulting services are estimated not to exceed $100,000.00. The funds are available in Division of Water account(s) 53220766 445100, an account to be named at a later date. PJM: cmg TYPE DEPARTMENT HEAD N AME: Peter J. Marlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: �pa- 4�) Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire Malcolm Pirnie as consultant to provide engineering services for design and construction inspection services for the next phase of security improvements. Funds for this project are available in Division of Water account(s) 53220766 445100, and an account to be named at a later date and shall not exceed $100,000. Passed. 17 TA&miv TANYp60Vnsword\nnv\ 17c 1 0-5 a.doc *AYE*NO* FONTANA . ....... . . FRANCZYK GOLONMEK HAYNES KEARNS LOCURTO RUSSELL maj-5 213- 6 3/4- 7 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. 0 0 2 2 a TO: THE COMMON COUNCIL DATE: September 28, 2010 F PROM: DEPARTMENT: Public Works. Parks & Streets DIVISION: Enaineerina SUBJECT: [: Report of Bids [: City Hail - 311 Call Center [: Installation of A/C [: Job #1036 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on August 17, 2010 and received the following formal sealed bids for City Hall, 311 Call Center, Installation of A/C, which were publicly opened and read on September 7, 2010. Greater Niagara Mechanical $ 99,400.00 7311 Ward Rd., Tonawanda, NY John W. Danforth Co. $113,000.00 300 Calvin Woods, Tonawanda, NY No other bids received. hereby certify that the foregoing is a true and correct statement of all bias received and that Greater Niagara Mechanical, with a bid of Ninety Nine Thousand Four Hundred and 001100 ($99,400.00), is the low bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Pans & Streets to order the work on the basis of the low bid. Funds for this project are available in 33320506 445100 - Buildings. SJS /PJM /DAH /dlg cc: Contract Compliance Office S. Harvey, Buildings Department Head Name: Peter J. Merlo, P.E. Title Signature of Department Head: Citv Ena ineer Mr. Fontana. moved: That the above communication: from the Commissioner of Public Works, Parks and Streets dated September 28, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Hall — 311 Call Center Installation of A/C, to Greater Niagara Mechanical, the lowest responsible bidder, in the amount of $99,400.00. Funds for the project are available in 33320506 445100 - Buildings. Passed. 18 TAB:rmv tA%vp6Ol wwordinnAi8e1Q- 5a.doc /I /A GOLONMEK s � HAYNE KEARNS XwElu RUSSE s a- 213 ® 6 314- 7 '� 00 , 91 ##1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 23 2010 FROM: DEPARTMENT: Public Works, Darks & streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Curb & Sidewalk Replacement BURA - [: Funded —2010, Group #724 PRIOR COUNCIL REFERENCE: (IF ANY) [: In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: P & J Construction Co., Inc. 709 Pleasant View Drive, Lancaster, NY 14086 Yarussi Construction, Inc. 5650 Simmons Avenue, Niagara Falls, NY 14304 Master's Edge, Inc. 3409 Broadway Street, Cheektowaga, NY 14225 Base Bid Unit Price Increase *$785,900.00 *$864,490.00 $789,545.00 $868,499.00 $803,550.00 $883,905.00 Campobello Construction $1,050,500.00 $1,155,550.00 23 Stratford Road, Buffalo, NY 14216 *Adjusted Amount I hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $864,490.00 ($785,900.00 + $78,590.00 unit price increase = $864,490.00). Funds for this work will be available in an account(s) to be named at a later date from CDBG yr 35 & 36. The engineer's estimate for this work is $800,000.00 . The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 3e, 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJZ:llf Attach. (4) cc: Bill Reinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merle, P.E. TYPE TITLE: City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: `v t w �- W < w N~ a o © C7 R P O o o ca Z O LO d t(1 p c l 0 t LO IL cy � 0 � ® ® I ca O � C3 � C7 �C5 t� ei U� 6r# 0 0 o � N ® LO ci 0 „j to C M U) tq !R I. sn � �J � ® 0 C) LO ® tu q p Lei p® LO N 60 GO. o (a u U ! i c ( U 0 C3 J O 0 LO o to -J �t 6% 60- V � � Q � J 0 O D C� W 0 U U 6 0 0 6 q 0 r L'> 0 C) 0 6 Z CL V) it' U U) (1) z z w �- W < w N~ a o © C7 R P O o o ca Z O LO d t(1 p c l 0 t LO IL cy � 0 � ® ® I ca O � C3 � C7 �C5 t� 62, U� 6r# 0 � 0 o C C O 1d7 (N N N w S? 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Ll Q 8 e � e c c c C M cu w W m m Q o) w! .J -1 .1 J - j .j LLl w UI W W w z LLI � Q t11 LO Ce Y (D N r Q � L C p _ O ® QQ U d U E asy� 3 to M O Q3 J= ,Q N C 01 E C h s CL E E C j E h^ ©C O C 0 m o u m O E C 0.—U (D i C1 cU 4D C t� as ._ E W O � w � U 0 U ca 6 o . c p_' LL ., :o C n E m E E E m LL a C7uo C7"' 0 I Uin 0 w 03 (D Z) WE W E U � <C 0 z o O cn c o n c r y cn e r o ni cn LU C) CD ° e O 0 40 0 C) o 0 ~ 0 N X FV C 9 4 CA rn C) c� 0 o 0 0 � o c, 0 0 � o ra o ca C7 ci o o o 0 (=; C) ® C) ci 0 O d- c9 ® -j C) Un t� 0 0 in N h C) u) 0 e� Cl CS ® ® C) ® V- Y rS c+i 6f} LO Ld to O J ci <? Y e, LO m u') (F N } T cfl t L V)- 60 - C A C) ® ® Q � n 0 a C) ® B B � Q o Q-1 0 O N to N O C � 44 C? d � N N v q 9 8 � L 6 cq O (� m LU iEt w (Cf ltd (6 w (6 lid SO tld 4U uj t6 uj cr 0 di! O 0 O U) uj O \° \° L t N O 0 [ [V to LO — � p p q q hqad. N r Y Y di `J p W Q O � 0 � B a c in Fes^ y.+ x V o 0 - }... O CL O C 0--a 7U � f31 O to U 0 � , 0 � C� g _ U _ _ 0— C9 1 0,6 Otto O O M ® '`_' �- V) a S O Q pq ��• to — - ids w 6$ m N 16% C9 m m in LV 07 ui i , Y 3:16 N m O M -r- O 0) U') c3 M — _ 69 0 N 69 ne. O N X E {b E E I Y E (/) Uj CA co O E ltd E E t s E C ti7 4 / c0 0 aC3 0� 07 EV ()� T r q L 9 O� ® [ prs S..i ® Ca 0 0 0 a V X N 0 D m V C) 0 �.� LO a_ 64 64 .2 m y U E n e O 0 U � O CV CJ o o m LO � 69 z to c z C a o .g 02 LO LD r a (a to 4% m E,k, LD Q.. Q. 0 C ui f9Y �9 �7 o N C- E m0 ° o L- iR Z0- a E6 !J CS LL C: '0. - C C � - 7 to u [i E U ....E _.f CJ (A CE t� N E� z Q Q 06 cr 0 o 0 C �i 00 a � N !C h t71. 0 LM r-+ a_ w 0 .2 m y U E n e O 0 U � O CV CJ C7 h- r^ o � O � 69 z to z � iCf .g N U C ) a. 0 E ' m E,k, LD Q.. Q. 0 ui f9Y �9 �7 C3 Q N C- E = C tp! Q1 !J CS LL C: '0. - C C � - 7 to E k CJ (A CE t� N z Q Q 06 co LO N !C h t71. 0 LM i i C. s� Tentative location Gist m Group #724 `The City reserves the right to add or subtract locations to the location list. Delaware District 1.) West Ferry (south side) — Main to Linwood $25,500 Curb & Sidewalk 2.) St. Lawrence (north side) — Duluth to Starin $37,650 Handicap Damps 3.) Virgil (west side} — Sanders to 500` south $10 ,551# Curb & Sidewalk Replacement 4.) #105 Sanders @ curve $5,40€7 Curb & Sidewalk Replacement Ellicott. District 1.) Orton- Hudson to Pennsylvania $18,000 Sidewalk Replacement 2.) St. John's Place -- Wadsworth to Orton $20,400 Sidewalk Replacement 3.) Cottage — Hudson to Virginia $31,200 Sidewalk Replacement 4.) College — Cottage to Allen $42,000 Sidewalk Replacement 5.) Mariner —Cottage to Allen $33,000 Sidewalk Replacement Fillmore Districts 1.) Hamburg- -South Park to Republic $28,806 Sidewalk Replacement 2.) Republic —Hamburg to Louisiana $42,924 Sidewalk Replacement 3.) O'Connell -- Louisiana to Republic $42,924 Sidewalk Replacement Lovelo ry Distri 1.) Academy — Doat to Walden $139,800 island Curb Replacement 2.) Sprenger -- Genesee to Hemingway $43,200 Sidewalk Replacement 3,) Hemin - Countess to East City Line $20,000 Handicap Ramps Masten District 1.) Monticello —Humboldt to Trinidad $61,476 Sidewalk Replacement 2.) Loring —Humboldt to Trinidad $25,000 Sidewalk Replacement 3.) Gilette— Humboldt to East End $4,200 Sidewalk Replacement 4.) Shelbourne —Loring to Kensington $19,800 Sidewalk Replacement Ni ara District 1.) Massachusetts —Winter to 1,5`. Street $39,500 Sidewalk Replacement 2.) Richmond (w. side) °- Connecticutto Symphony Circle $38,058 Sidewalk Replacement N District L) #35 Chandler $18,000 Curb Replacement 2.) Doyle — Skillen to Kenmore $35,000 Sidewalk Replacement 3.) Riverside Park $23,400 Sidewalk Replacement South DIWI 1.) Choate — McKinley t Ithaca $32,028 Sidewalk Replacement 2.) Bloomfield — McKinley to South Park $57,825 Sidewalk Replacement University District 1.) Winspear - Main to Bailey $67,908 Sidewalk Replacement 2.) Highgate /Comstock $5,265 Handicap Ramps 3.) Highgate /Parkridge $5 Handicap Ramps Attachment #1.-B L -1 Group724locations.docx ol 7 . § ■ O k � 2 } � k . � � 2 � \ � R . �. § � % � & Q p � I / § �k ¥ \ � J k F. Lk lf l� Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parrs and Streets dated September 23, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Curb & Sidewalk Replacement BURR — Funded 2010, Group #724, to P & r Construction Co., Inc., the lowest responsible bidder, in the amount of $864,490.00 ($785,900.00 + $78,590.00 unit price increase = $864,490.00). Funds for the project are available in account(s) to be named at a later date from CDBG yr 35 & 36. Passed. 19 TAB =v t:lwp6O�tmwordlrmvl l Rc l O -5 a. doe * AYE *NO* * F TMA A * fltANCZIW * GOLD _ .. * HAYNES * * Lod .... T® * * RUSSELL * * aj m 5 2/3- 6 314- 7 #1 .(Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL DATE: September 28, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids Northwest Community Center [: 1't Floor Air Conditioning [: Job #1040 [: North District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: advertised for on September 7, 2010 and received the following formal sealed bids for the Northwest Community Center, 1 st Floor Air Conditioning„ which were publicly opened and read on September 28, 2010. Greater Niagara Mechanical $78,800.00 7311 Ward Rd., Tonawanda, NY John W. Danforth Co. $85,770.00 300 Colvin Woods, Tonawanda, NY Parise Mechanical No Bid 1906 Sheridan, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, with a bid of Seventy Eight Thousand Eight Hundred and 00 /100 ($78,800.00), is the low bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 30321006 445100 - Buildings. k kS � 1 /PJM/DAH/dIg cc: Contract Compliance Office Buildings Department Head Name: Peter J. Merlo, P.E. Title: Citv Enqineer Signature of Department Head:] Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2010, be received and bled; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Northwest Community Center, I" Floor Air Conditioning, to Greater Niagara Mechanical, the lowest responsible bidder, in the amount of $78,800.00. Funds for the project are available in 30321006 445100 -Buildings. Passed. 20 Tas:,iv cAv4)60�ar&nnv \20c1o.5a.aoe C, { *AYE * NO * FONTANA FRAKCZIX COLD . E HAYNES ............. LOCURTO RUSSELL Mai X13 Q 6 314- 7 p`)" #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 23` 20I0 FROM. DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Replacement of Site Specific Sidewalks - [: City-Wide-2010, Group #723 PRIOR COUNCIL REFERENCE: (IF ANY) In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Yarussi Construction, Inc. $248,475.00 $273,322.50 5650 Simmons Avenue, Niagara Falls, NY 14304 Campobello Construction $293,975.00 $323,372.50 23 Stratford Road, Buffalo, NY 14216 Master's Edge, Inc. $302,300.00 $332,530.00 3409 Broadway Street, Cheektowaga, NY 14225 P & J Construction Co., Inc. $310,325.00 $341,357.50 709 Pleasant View Drive, Lancaster, NY 14086 Node; C & C Construction, Inc. (Bid Reieeted Bid Bond) $24L625.00 1589 Bailey Road, Cowlesville, IVY 14037 I hereby certify that the low bidder for the above project is Yarussi Construction, Inc.. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $273,322.50 ($248,475.00 + $24,847.50 unit price increase = $273,322.50). Funds for this work are available in account(s) #33311106 445100, an account(s) to be named a a later date . The engineer's estimate for this work is $250,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 30` , 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJZ:Ilf Attach. (2) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Rgineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: t o C) ° C� ® ® � 0 ®.� 0 cl cn o ca o C) 'j. ® 0 C'� e> u? ca csi o Q'= Ul 0 E M( 6 0 o � ® � °• � C7 0 � �? 0 It ca Ca v im° m c® 0) 0 8 o ok tad 8 V, U) 0 O b. 0 J= U Q. ® 0 0 0 LO C3 c� I ca V) e� a Z C! 0 W- CL ; EO r r LL: U E U E CL j co to cn w cr cn C40 w na fl- r ua 4 LU f'- o � ® Ca o Ca ° c:> 0 0 C3 C3 - I V s LU Q O 47 Q ID LO IL x ?7 _ 0) E z (D r Cn Q < d A LQ A W h sn N v 4) o 80 0 50 - C3i w» 'a 7 o) M C : E E x 2 {L : O ;fl t3 t/a c 0) m � E 8 E x E na cz (D E 0E m cn 8 u3�, - 0 E � c "D u) ( D E � E o r- 0 E Q m c o � ca w m p? 0 . t6 0 m c` E � � mm a) N . � � a� `3 to � � o ?� � � m Bs zs .S E _ r3� c3 c a� m s� c cz c C [J� C� ' W LL n n � c r U uO ¢ ci W r d Cv c uui c'! uj �- ® C3 ° ca w CD w LO ca t J C3 C] C7 ® 0 0 C] � C3 Q O C7 p O O O U 0 O 9 0 by 9 0 0 i• � � C- C9 � U) LO L q 0 -10 0 a r> N O R r� N c� ado 'x' 6 t q 'q cl �~ ® of ui crl e6 6°r N 64 6f? f� ci ei Q m �U C> J ° c� a e� a a '� ea ® a U � 64 � � LO ss It- co to sn C) o 0 0 � C) o o ® 0 O � 0 C) 0 C) 0 O o a � � a � 0 C3 a ui 0 C) G k- o 0 0 kn �rS Q N U') fl- � ui ui O � C] 0 � - 0-1 u' � u? N LO r a? U) r C14 cn - c? 4 C) 2 U cY U ui ca g ® ea o C) a a O C) O ® 9 C3 �! o p 0 0 O a o o (5 o 0 CI E E °3 �- cn w U U U U m U U 0 ; z co d to 0 0 0 Lo co M 0 0 u) © p cv a p r d w w w r N r N cq 0 ® r t C4 . 0 0 (� > X 0 N O O Q U')' i�lf �, 0 U m� a) ° Ca CD m o m O it C: 2 t6 U _ cn rn o ° O � U) B o iii > zs i� ca cy c c e o cu c> c� Cs o a) ca E E .ia m- m- ca mLo M� use ° U �: E ❑ C'4 ca a? U 2— Ko m cis CL n m m m Lb m Vim_ 6 0 Q C? w w W w w 0 m? = m � 5 to U U rD . � t/t � � � to � i.�i t} i ii ni � co o zq ® C7 C> q C) d N '9' O a O w Ca 0 a Q E m w C� to r r e g 0 u) �(? r O 0 s C� LO O co C4 c6 cA m m 63 3- to m 40 U') ® as c6 co of o? m W m o) 0) tV Q 9 tG a U- O 9 O O O ® O O O O O w !� 0 N Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 23, 2010, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Replacement of Site Specific Sidewalks — City Wide 2010, Group 9723, to Yarussi Construction, Inc., the lowest responsible bidder, in the amount of $273,322.50 ($24$,475.00 + $24,847.50 unit price = $273,322.50). Funds for the project are available in account(s) #33311106445100, and an account(s) to be named at a later date. Passed. 21 - ran:rmv tAwp60\TnSWOTd\rjnY\? I c k 4- 5a.doc * AYE *NOS FONTANA - - CZ GOLONBEK HAYNES SNWM aj - 5 213- 5 314- 7 0002 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL.: DATE: 09/28/10 FROM: DEPARTMENT: Public Works /Parks SUBJECT: [ - .Request to Purchase Equipment PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) Purchase (11) Snow Plows from Existing Contract # 7461 from Kaminski & Sons for For recently purchased pick ups & dumps 4 @ $ 4,660.00 = 18,640.00 7 @ 4,240.00 = 29,680.00 TOTAL $ 48,320.00 Funds to come out of the bond fund 33310106445100 SIGNATURE DEPARTMENT DEAD TITLE SJS /PJM /BH /CMB f Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 25, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets and the Director of Purchase, be, and they hereby are authorized to purchase 11 (eleven) Snow Plows from existing Contract #7461 in the amount of $45,320.00. funds for the project are available in bond fund 33310106 -445 100. Passed. 22 TAS:miv t:hvpWdnswordlmM22a 1 0-5a, doe q AYE NO Z GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL' Nlaj ®5 213- 6 314- 7 i SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 09/22110 FROM: DEPARTMENT: Public Works/ Streets SUBJECT: [:Request to Purchase Vehicle PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xxtxx/ Purchase (2) Ford f150 4 x 4 Pick up trucks from State bid # 40400 31 B @ 20,122.00 ea. $ 40,244.00 TOTAL Funds for this purchase will be coming out of: 33310106 - 445100 SIGNATURE - +fr I %0ART kNT HEAD TITLE 0 -1s, JM /CAM 40,244.00 ak Steven Stepniak Commissioner � l/ Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 22, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets and the Director of Purchase, be, and they hereby are authorized to purchase 2 (two) Ford F150 trucks from State bid ##40450 31B for a total amount of $40,244.00. That upon the condition that there be no increase in the number designated as authorized for take -home use and the City of Buffalo seal shall be placed on the vehicles purchased as listed above. Funds for the project are available in bond fund 33310106 - 445100. Passed. 23 TAB:mty t:Iwp60kmsword\miv\23 c 10 -5 a.doc x AYE FrIL4LNC ... HAYNE KEARNS LOCURT RUSSEM a ® 5 2/3- 6 314- 7 '� '� 0:3`1'S SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx. C.C.P. xx /xx /xx) SEPTEMBER 28, 2010 DEPARTMENT OF PUBLIC WORKS WATER :TRADE IN OF VEHICLES THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW VEHICLES /EQUIPMENT FOR THE PURCHASE OF (5) NEW TRAILER MOUNTED AIR COMPRESSORS WITH FUNDS FROM VEOLIA WATER COMPANY. THIS IS IN ACCORDANCE WITH THE VEHICLE PLAN AS APPROVED BY THE DIVISION OF WATER. THE NEW COMPRESSORS WILL BE USED FOR THE REPAIR & MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM. TRADE IN OF W65 - 1973 E -Z TRAILER 1973 TRADE IN OF W97 - 1954 SULLAIR TRAILER MOUNTED AIR COMPRESSOR TRADE IN OF W149 - 1993 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF W150 -1993 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF W155 - 1994 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF W156 - 1994 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF W169 -1996 INTERNATION REPAIR TRUCK TRADE IN OF W172 - 1997 FORD F -350 REPAIR TRUCK TRADE IN OF W175 - 1997 CHEVY S -10 P/U TRADE IN OF W177 - 1997 CHEVY S -10 P/U TRADE IN OF W237 -1983 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF W238 -1983 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR SIGNATURE DEPARTM HEAD TITLE: STEVEN STEPNIAK, COMMISSIONER DEPARTMENT OF PUBLIC WORKS SJS/PJM /FM 4 IV �l t� Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2010, be received and fled; and That the Commissioner of Public Works, Parks and Streets and the Director of Purchase, be, and they hereby are authorized to trade -in the above listed equipment in order to purchase 5 (five) new trailer mounted air compressors with funds from Veolia Water Company. Passed. MI TAB:rmv t k- .V60LmwordlEmvi24c10- 5a.doo i(o- FOANA GOLOMBE a� HAYNE KEARNS LOCUR RIVERA maj ® 2/3- 6 314- 7 s FROM THE COMMISSIONER OF POLICE October S, 2010 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 0i TO: THE COMMON COUNCIL: DATE FROM: DEPARTMENT: September 21 2010 POLICE DIVISION: SUBJECT: [ : of 007 1: ,Acs bye A PRIOR COUNCIL REFERENCE: Ex. (Item. No. 37, C.C.P. 11102109) TEXT: (TYPE SINGLE SPACE BELOW) The Buffalo Police Department has replaced Motorol4 HT1000 portable radios with Motorola XTS 1500. The Motorola HT 1000 radios are outdated, replacement parts are difficult to obtain, and the radios are no longer of any use to the Buffalo Police Department. Dawn Sanders, Executive Director of the Buffalo Municipal Housing Authority has expressed a need for this equipment and is requesting the donation of 75 HT1000 radios for the use of Maintenance staff of BMHA. Buffalo hire Radio will reprogram these radios to another frequency, exclusively dedicated to BMHA maintenance. BMHA will not be able to transmit or receive Buffalo Police transmissions. The BMFIA will retain ownership of the used equipment and will assume all liability for its use until such time as it is destroyed or is totally unusable. The request letter from BMHA is attached. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police t.� SIGNATURE OF DEPARTMENT HEAD: T „F Buff Municip Housin A uthority 8_ W lUmilvc faimtor MO&AMOMW AWUM 9=6ut ;v0 MMW 1 W W61( Comm Cam, Dahl i De Commisslaner ffalo Police Department 74 Franklin Street Buffalo, NV 142 02 Sho VOU haft any questions or any additional Informa4lon Is needed pfease feel free to contact me at d5a�31, Cc: Capta jardins 300 Perry Sireat 9 B AWO, Now York 1 4204°2299 (71 A) 856- ® (FAX) (7 85596751 v (TDD) (7961 855 -6725 RECEIVED 08-13- 'l0 10.25 FROM- TO - BED Alarm Office 51011 ®0 ®l �l RJS Pi®8 •� Mil 6°1 !0!@i} &A}i}IOiPfl0l ill dl �Ol fi iilR}A �B9 �LtrEylp C:iiHilll HPii i4�M�®aeiy , I' XUA I CM3SLJ"1 dH wd2 ' e o T Qa a 1 onu Mr, Fontana moved: That the above communication from the Commissioner of Police dated September 22, 2010, be received and filed; and That the Commissioner of Police, be and he hereby is granted permission to donate 75 HT 1000 radios for the use of Maintenance staff of Buffalo Municipal Housing Authority. Passed. 25 TAB:rmv t:Vwp6Mmsword\ mvl2Sclo -sa.aoo X AYE * N O * r FONT FRANCZYK g p� y GOLD EK -- - . d S LOC TO RIVERA RUSSET St L� S 3 Jf � aj a 5 $c 14C 2/3- 6 3/4- 7 �e \� � FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES October 5, 2010 Single Page Communication to the Comm Council To: The Common Council: Date: September 2, 2010 From: Department: Deoartment of Permit & inspection Services Division: Office of Licenses Subject: : Restaurant Dance License (Renewal) 2897 Bailey Avenue Prior Council Reference: (1f any): Ext. (Item No. xxx, C.C.P. xx /xx /xx): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that 1 have caused an investigation into the premises located. at 2897 Bailey Avenue for which said renewal application for Restaurant Dance Class IV license is being sought by I yeinth Patterson cr Caribbean Experience 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. r_ Type Department bead Name: Type Title: Signature of Department Head: JC:cap #1 (Rev. 01/1993) Jaynes Comerford �i t jr'- CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: CARIBBEAN EXPERIENCE LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL, DATE: DISAPPROVAL REASON: 2597 BAILEY (716) 689 -2582 UN 00 HYCINTH PATTERSON (000) 000 -0000 207638 RENEWED LICENSE 2011 (TO BE COMPLETER BY AGENCY/DEPARTMENT REFERRED TO) APPRO`�ED � DATE: DISAPPROVED DATE: DISAPPROVAL BATE CALL BACK ** *REASON FOR DISAPPROVAL MUST" BE STA'L'ED BELOW * ** REMARK: INSPECTOR . .� � EST � AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppRip2spi t Mr. Fontana moved. That the above communication from the Department of Permit and Inspection Services, dated September 2, 2010, be received and fled; and That pursuant to Chapter 150 of the City Code, the Director of Permit and Inspection Services be, and he hereby is authorized to renew a Restaurant Dancing Class IV License to Hycinth Patterson d /b /a Caribbean. Experience located at 2897 Bailey Avenue. Passed. Wei TAB: rmv T :\wp601dnsword\rmv\26c 10- 5a,doc l AYE NO FONT tNA IIIANCZAX GOLOAMEK *` KEARNS LOCURTO Ii[TSELL aja5 2t3 -6 3/4- 7 �1 Single Page Communication to the Common Council To: The Common Council: Date: September 24 2010 From: Department: Denartment of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) 946 Elmwood Avenue Prior Council Reference: (1f any) [: Ext. (Item No. xxx, C.C,P. xx/xx/xx): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that 1 have caused an investigation into the premises located at 946 Elmwood Avenue for which said renewal application for a Restaurant Dance Class III license is being sought by David Putnam u@ McGarret's 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. Type Department Head Name: Type Title: Signature of Department Head: JC:cap 41 (Rev. 01 /1993) .Tames Comerford CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL �. BUFFALO, NEW YORK 14202 �F INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: MCGARRETS LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 946 EL,MWOOD 883 -4913 DAVID PUTNAM 885 -1059 541847 03/03/2010 RENEWED LICENSE 2011 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED SAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW" REMARKS: INSPEC - �% RM# 3 6V Z I EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. RppSlip2.rpi CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALT, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: MCGARRETS LICENSE TYPE: RESTAURANT/DANCE m BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT - APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL BATE: REMARKS: DISAPPROVAL REASON: 946 ELMWOOD 883 -4933 D"ID PUT AM 885-1059 541847 03/03/2010 RENEWED LICENSE 2011 (TO BE COMPLETED BY AGENCY /DE PARTMENT REFERRED TO) APPROVED DATE: 3! /9 DISAPPROVED DATE: REMARKS: / *v' /o o 6 70 C 3 '-vo r.-411 e- ✓' �j" C'�,rJ �° e, °-� r t DISTRICT CAPTAIN: APPROVED DATE:. DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW Xx* REMARKS- •�1... _... COMM. OF POLICE: C ` 3T1 LtE.Li3u`.t.C3�wy ��' ,�. AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShp2,rpt C�� CITY OF BUFFALO OFFICE OF LICENSES 301 CITY FALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: MCGARRETS LICENSE TYPE: RESTAURANT/DANCE RENEWED LICENSE 2011 BUSINESS ADDRESS: 945 ELMWOOD BUSINESS PHONE: 883 -4913 COUNCIL DISTRICT": POLICE DISTRICT: APPLICANT NAME: DAVID PUTNAM APPL. PHONE: 885 -1059 APPLICATION NUMBER: 541847 REFERRAL DATE: 03/03/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLE'T'ED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: f t DISAPPROVED RATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE ,STATED BELOW * ** REMARKS: INSPECTOR. /" RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU, � AYE NO FOA YK 9 � C GOLD EK iC KEARN 4 7�f 5It RIVERA SNnM aj S SI• ' ' 2/3 6 r '� 3/4- 7 �k k Q0 #1 (Rev. 1193) Single Paae Communication to the Common Council To: The Common Council: Date: September 1G, 201.0 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject. [: Second Hand Dealer [: 70 Allen (Ellicott) f Tvoc in Upper and I [: I Lower Case Onlv I [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx. C.C.P. xx/xx/xx): Text (Tvpe Single Space Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 70 Allen St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, fire 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 Jessica Dodge. The attached thereto for Jessica Dodge d /b /a/JUST. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: ,TAMES COMERFORD Type Title: t COMMISSIONER Signature of Department Head: ,ti•� JC:PS:jd x 0 F . Z, r - .r Dates September 16, 2010 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services ® Common Council Communication Second Hand Dealer at 70 Allen St. Per I ; of Buffalo Ordinance Chapter 254, the following is a check list of requirements for econd Hand Dealer License application to the Common Council: oning Office fApplicat* ire Prevention uilding Inspection olice Department olice Record Check n Dire or Permit &. In ti n Services . Dat ep OFFICE OF LICENSES 301 CITY HALL ., BUFFALO, NEW YORK 14202 g INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: NST LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 70 ALIEN BUSINESS PHONE: (716) 903 -9379 COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: JESSICA DODGE APPL. PHONE: (716) 903 -9379 APPLICATION NUMBER: 559595 REFERRAL DATE: REMARKS: t NEW LICENSE 2011 DISAPPROVAL. REASON: s — ( (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RIVIk EXT. . AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LTCENSES TH K AN YOU. AppShp2.rp1 CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINNIE FERRARACCIO APPLICATION FOR: JUST LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'TRIC'T: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 70 ALLEN (716) 9039379 JESSICA DODGE (716) 9039379 559595 08/1912010 NEW LICENSE 2011 (TO BE COMPLE'T'ED BY AGENCY/DEPARTMENT REFERRED TO) pit' APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: - - 9—/o . DATE: DATE: p * "REASON FOR DISAPPROVAL MUST` BE STATED BELOW'` REMARKS: a� "s INST C:TOR RM ` (- EKT � AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSliplrpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: JUST ,l LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 70 ALLEN BUSINESS PHONE: (716) 903 -9379 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: JESSICA DODGE APPL. PHONE: (716) 903 -9379 APPLICATION NUMBER: 559595 REFERRAL DATE: 08/19/2010 REMARKS: DISAPPROVAL. REASON: (TO BE COMPLETER BY AGENCY/DEPARTMENT REFERRED TO) Q A PROVED DATE: DISAPPROVED DATE: NEW LICENSE 2011 REMARKS: DISTRICT CAPTAIN: �� c �`°" /3 �~— APPROVED DATE: DISAPPROVED DATE: 0 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW � *X COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpt P-147C (REV. 3196) M-A.11,F TO; Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 "�p J--"'4�pn 17 i 4 There is a $.10.46 fee to process thisafa. By mail, payment MUST be made by money order. DO NOT send cash through. the mail. In person, payment can be Ade by money order or cash. Checks are not accepted. Make money order payable to the iftrffa lo.Police Devartm�-,u Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by- allotary Public {or} Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requested information. SOCIAL SECURITY 9- REASON FOR Rl> 5'lry SIGNATURE OF APPLICANT DATE° STATE OF NEW YORK ) COUNTY OF ERIE CITY OF BUFFALO ) On the W day of , 20 lb , before me personally appeared to me known to be the same person described in, and who 4exeed the fo fore-going ins g ins and ackxaowledged the execution thereof. Notary Public ids cl� * # ** * * TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL """" RECORD ATTACHED VERIFIED BY: NO RECORD) ON FILE. DATE VERIFIED - j j13 1 .f 1 '. •, 1 ! " ' 1: .. '.1 is : ► . I -: AF . TER 60 DAYS FROM DATE VERIFIED._NOT VALEft-UNTILMAMM. . QOLlCB . M a. a H POL 4�s � ANTHONY J . PALOME30 CHIEF OF POLICE a OCXAZ SSCM 6b R ( ) OUR RECORDS INDICATE THAT THE .PERSON NAMED ABOVE DOES NOT HAVE AN ARREST /RECORD WITH THIS DEPARTMENT. (X) OUR ARREST /RECORDS INDICATE THAT THE PERSON NAMED ABOVE HAS A HISTORY FOR THE FOLLOWING: (IF NOT LISTED BELOW, SEE REVERSE SIDE) DATE CHARGE DISPOSITION ARRESTED ] 8112198 VTL 1180 - DTO $65 FINE PD 4128199 THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. AN ARREST /RECORD HISTORY WAS CONDUCTED BY NAME ONLY AND IS NOT TO BE MISCONSTRUED AS POSITIVE IDENTIFICATION BY THE TOWN OF TONAWANDA POLICE DEPARTMENT. RECORD SEAR COnDUCTED BIB: CLERK, J�FCMDS'A§OREAU � TTP 2 r M 1 B35 5HERIDAN DRIVE, BUFFALO, NY 1 4223 -1 269 (71 6) E376 °5 :300 FAX (71 6) 579 °6644 www. tonawanda. ny. uslttpd Corporation Name Business Name (dba) -, ,/5 1 Business Address (nO PO Box) �9`t n vI /-VV Mailing Address (if different) NYS Tax ID # Business Website Business Phone } Business Fax ( ) l q. - �o 0 E -Mail 7 Owner (s)/ Principal Partilers .Applicant (last, rust) O�,q6 &Uh 557- Home Phone 'j k Home Address: (PO Box not acceptable) Date of birth Place of Birth �'J 4 d ' Co- A.pplicaut (last, first) Horne Phone Horne Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Subscribed and sworn to before zne this da t _ 20 Co fis io r In and for the C;of�' alo, ev York I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment ofrestrictions and conditions to the Iicense or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. - - Print Dame —,, Signature �" `` Date Q-e, k CITY O F BUFFALO ' u 14202 - ` 65 Niagara Sq. City Hall Room 301 Buffalo, NY Phone (715) 851 -4078 Fax (716) 851-4952 B All information on this form is public record B USINESS LICENSE APPLICATION fee fee fee 0 Used Car Dealer $262.50 0 Tire Handler I $118.00 ® Flee Market K.Secoud Hand Dealer (10 -1000 tires) $118.00 1-10 tables $ 78.75 ® Tire Handler H $262.50 11 -25 tables $155.00 (over 1000 tires) x-26 tables $210.00 ® scrap Processor $ 78.75 Tire Storage Information ® Wholesale Junk Dealer $262.50 Inside Storage yes — no Outside Storage yes _ no Corporation Name Business Name (dba) -, ,/5 1 Business Address (nO PO Box) �9`t n vI /-VV Mailing Address (if different) NYS Tax ID # Business Website Business Phone } Business Fax ( ) l q. - �o 0 E -Mail 7 Owner (s)/ Principal Partilers .Applicant (last, rust) O�,q6 &Uh 557- Home Phone 'j k Home Address: (PO Box not acceptable) Date of birth Place of Birth �'J 4 d ' Co- A.pplicaut (last, first) Horne Phone Horne Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Subscribed and sworn to before zne this da t _ 20 Co fis io r In and for the C;of�' alo, ev York I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment ofrestrictions and conditions to the Iicense or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. - - Print Dame —,, Signature �" `` Date Q-e, k Mr. Fontana moved: That the above communication from the Department of Economic Development Permit and Inspection Services dated September 16, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Jessica Dodge, d/bla Just located at 70 Allen Street. Passed. TAB:mv TAvq)60\-- otdVmv\28c10- 5a.doc FONTANA z sti SG k GOLOMBEK AikNi 9Y SY ... KFARN ITC. 3ti LO T RIVERA 'h RUSS 213- 6 ' 314- 7 '� '� 000`3 41 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: September 29, 2010 From: Department of Economic Development. Permit & Inspection Services Division: Office of Licenses Subject: [: Second Hand Dealer [: 3411 Bailey (University) Tvne in Unner and ( [: I Lower Case Onlv [: Prior Council Reference: (If Any): Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have cxamined the attached application for a Second Hand Dealer License located at 3411 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, hire 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 Maurice Thomas (Manager). The attached thereto for Maurice Thomas (Manager) d /b /a/SEI Aaron's. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Tyne Department Head Name: JAMES COMERFORD Tyne Title: COMMISSIONER Signature of Department Head: JC:PS:jd Per C' y of Buffalo Ordinance Chapter 254, the following is a check list of requirements for econd Hand Dealer License application to the Common Council: Zoning Office Fire Prevention Building Inspection Police Department Police Record Check App 'cat - on D ector Permit , Ins ection Servi s ' Date Date: September 29, 2010 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services Ed Common Council Communication Second Hand Dealer at 3411 Bailey CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONlAPPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: SEI AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS; 3411 BAILEY BUSINESS PHONE: (716) 446 -0899 COUNCIL DISTRICT: UN POLICE DISTRICT: 00 APPLICANT NAME: IVIAURICE THOMAS APPL. PHONE: () - APPLICATION NUMBER: 559909 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PPROVED } DISAPPROVED DISAPPROVAL CALL BACK DATE: 1 DATE: DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpl CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: SEI AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRI POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 3411 BAILEY (716) 446 -0899 UN 00 MAURICE THOMAS 559909 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) d ROVED PPROVED DISAPPROVAL C'AIJ, BACK DATE: 4 DATE: DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARK: INSPECTOR RM# 12-- EXT� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlep2.rpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: SEI AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL. REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) � APPROVED DISAPPROVED DISAPPROVAL CALL BACK 3411 BAILEY (716) 446 - 0899 UN ©0 MAURICE THOMAS () 559909 DATE: DATE: DATE: 'REASON FOR DISAPPROVAL MIDST BE STATED BELOW *x'* REMARKS: INSPECTOR ./? RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES, THANK YOU App.Slip2.rpi NEW LICENSE 2011 AGENCY / DEPARTMENT: POLICE �' i- i' '• LICENSE TYPE: SECOIvll) HAND DEALER 0 1 5 13USDMS ADDRESS: BUSINESS PHONE: COVNCIL DISTRICT: PQXiCE DISTINCT: APPLICANT NAME: APP7L. PHONE APPLIC NXMEIt: BETE DATE: v , DISAPPROVAL REASON: 3411 BARRY (716) 446 -0899 UN 00 NIAURICE THOMAS 0_ 559909 09/24/2010 t . CO MPLETED D: ► O APPROVIE DISAPPROVED AT !E- DISAPPROVED NEW LICENSE 2011 SK -1 2000 /30004 EL0 ®1 -WQdd 10 :31 0T -GZ -60 P -147C (REV. 9/08) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 There is a $10.00 fee to process this data. By mail, payment MUST be arcade by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self- addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF e,pPLICANT: ti 6. ,C � - f .° SEX ', }'Ir t RACE CURRENT ADDRESS: fi /'t .,_ .DATE OF BIRTH: V SOCIAL SECURITY 0 REASON FOR REQUEST SIGNATURE OF APPLICANT W STATE OF NEW YORK COUNTY OF ERIE ) SS. CI'T'Y OF BUFFA O ) r On the - - day of °_ -� p.: _3! , 20 t ,before me personally appeared (; ,r to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof N©lic ] Commissioner of Deeds TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL*******-**********' RECORD ATTACHED _ VERIFIED BY: j � :} 1, s °• , y NO RECORD ON FILE DATE VERIFIED 7 NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE 'VERIFIER. NOT VALID UNTIL,. STAMPED. CITY OF BUFF - �. w. r: u. woAwwisaei :r.w.wuriwr..riawuu _.— ...• YYUIYYLY " „ r' ”" wzl :•T A . f' Xly °5; "• "B.. " d1A "•X'R'.I "R'D7As"i aiuw: w:,; r.�.. , "...,..,i,r 65 Niagara Sq. City Fall Roolm 301 Buffalo, NY 14202 Phone 715 851 -4078 Fax 716 851 -4952 J { All information on this form is public record B USINESS LICENSE APPLICATION SEP 2 4 fee 0 Used Car Dealer $262.50 0 Second Hand Dealer $118.00 0 Scrap Processor $ 78.'75 0 Wholesale Junk Dealer $262.50 Corporation Name Business Nance (dba) fee • Tire Handler I $118.00 10 -1000 tires • Tire Handier TI $262.50 over 1000 tires; Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability Insurance at least $50,000 both for personal injury and property damage, trust contain 10 day cancellation clause with the certificate holder as City of Buffalo, Office of Licenses Room 301, Buffalo NY 14202 t6 C J me) 1 Business Address (no PO Box) f a Mailing Address (if different) NYS Tax ID 4 Business Website E -Mail f l :i 'jif" d , / (mj. t; ome Phone � v v 1 Owner(s)/ Principal Partne& Applicant (last, first) 0 le� �j t Horne Address: (PO Box not acceptable) Date of birth Place of Birth Home Address: (PC) Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Tire Storage Information Inside Storage yes _ no Outside Storage yes — no 0 Flee Market fee 1 -10 tables $ 78.75 11 -25 tables $155.00 +26 tables $210.00 Business Phone (� /c,) lll - - c . r j Business Fax ( ) - Horne Phone Subscribed ands nrn to before me I am aware of the Obligation to provide timely notice of`any change in required Ithis ay 0 L) information, and I have informed all owners, managers, or other principals of their criminal and /or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated ion in d for the with the business ty - ffalo, w York As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best oftny knowledge and belief. f Print Dame leG_�t��' Signature � r� � w_ ; ' �� Date ���� 0003. �p RM To: The Common Council: Date: September 29, 2010 From: Department Department of Economic Develooment, Permit & Insnection Services Division Office of Licenses Subject: [: Sidewalk Cafe [:67 Nest Chippewa (aka 69 W Chippewa) [: New Owner Prior Council Reference: (if any) [: Ext. Item No. xxx, C.C.P. xx/xx /xx: Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 67 West Chippewa Ave and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for Bottoms Up V LLC. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: amen Comerford, Jr. Commissioner JC:cap 41 (Rev. 0111993) 3 CI'T'Y OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEB' YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BOTTOMS UP V LLC LICENSE TYPE: SIDEWALK CAFE BUSINESS ADDRESS: 67 CHIPPEWA WEST BUSINESS PHONE: 854-3549 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: KEVIN NIGHTINGALE APPL, PHONE: 716 -5106 APPLICATION NUMBER: 559908 REFERRAL BATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) SQUARE FO OTAGE s I 4-f- DATE: E; =APPROVED _ . _ .. — .. .. ... . DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE; ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW* ** �te REMARKS: im _ 3 INSPECTOR r RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES THANK YOU. App hp2.rpt CITY O F PERMIT & INSPECTI SERVICES OFFICE OF LICENSES 65 Niagara square 301 City Hall Buffalo NY 14202 (716) 851 - 4078 / FAX (716) 851 - 4952 JAMES COWRFORD, Jr. Commissioner Applicant Name k 9 U r .-,) . /'� r 5 4 4 , ' , /I d Business Name %, - f - 46 , � o P 0 e 6 C- Date f /23//a Phone t -S I ) - ( O Y '�8 Phone 211, 1 - 133 Business Address 7 -- C � ,P P '� 3 J-U A /a ! ,., 2,6 �. `14 j- t)-CVkAy street city state zip Requirements: 1. Applicant has a Restaurant License. (Restaurant License Number IF General Liability Insurance. Certificate holder must be the City of Buffalo, City Hall, Office of Licenses Room 3AI, Buffalo NY 14202 as the policy bolder with a ten (10) day cancellation clause. 3. Dimensions of the cafe 9 X b ' q D S0 Number of tables 0 Number of chairs P 4. Describe method of installing cafe boundaries (ex. wooden deck with railings, wrought iron railings, flower - boxes with rope attached). Cafe may not be permanently affixed to the main building or, the public sidewalk. S. Provide a drawing of the proposed cafe. Show the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation of the cafe. Use the reverse side if needed. Subscribed and sworn before me this day of Commissioner of Deed in and for the City of Buffalo Applicant Signature P't 0%•"" S'sA Signature of owner of building, if different than applicant �V) Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services dated September 29, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a "Mere License" to Kevin Nightingale, applicant, located at 67 a/k/a 69 West Chippewa, d /b /a Bottoms Up V LLC to install a 18 x 5 = 90 sq. ft. sidewalk cafe, which would encroach city right-of-way at said address, subject to the condition that only persons aged 21 and older be allowed thereon and any other conditions imposed by the Commissioner. Passed. all TAB :nnv TAwp60\msword\TnM30c1 O -S a,dm �, FRtANC GOLD .... EIS HAYNE LOCUR RUSSELL a� aj m 5 2/3- 6 3/4- 7 ' FROM THE COMMISSIONER OF PARKING October 5, 20 10 #3 (Rev 1 -02) 0 6 0, Certificate t In compliance wills provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of (lie City of Buffalo, I transmit this certification of Hppointment(s) or proanotion(s). I further certify that the persou(s) nanred in Schedule "A" have been cerlifted or approved by the human Resourccs /Civil Service for the Appointment Effective: September 23, 2090 in the Department of Parking Division of Parking Enforcement to the Position of Superintendent of Parking Meters & Enforcement Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM jEnter Starting Salary): Starting Salary of: $48,659 LAST JOB TITLE Parking Meter Operations Supervisor I NAME Carl M. Barone LAST DEPARTMENT 11413001 DATE 9110 ADDRESS 127 Crestwood LAST SALARY $46,064 CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN, XXX -XX -5979 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 900094 TITLE CODE NO 6292 BUDGET ACCT. OBJ. 11413001419009 PROJ. ID PERSONNEL REQ. NO 2010 -40 SALARY RANGE OF POSITION $42,186 e $48,659 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: Mr. Barone has been performing the duties in a acting capacity. NAME OF APPOINTING AUTHORITY: Kevin J. Heifer TITLE OF APPOINTING. AUTHORITY: Commissioner of Parking DATE: 9/23110 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERIC (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) I` A` October 5, 2010 000-) No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 810 Elmwood Ave 1854 Hertel Ave 236 Delaware Ave 1111 l;uhrmann Blvd RECEIVED AND FILED October 5, 2010 Business Name Owner's Name Ricky T's Coal )wired Pizza Richard A. Thomas Jr Checkers Michele Haley Purple Monkey Tropical Pub BGJR, LLC Dugs Dive Samuel T. Curtin Sr 4 Pa j 5tandurdixed ORIGINAL APPLICATION NOTICE FORM forProvidneg a W' STATE OF NEW YORK ° E v Advaaee A.a hfntice to al l4lauldpa€(tynr CatpMazi ;f A _ �CU'tIVRDECAR�[iI�T � d � t:�' i ]DIVISION OFALVOK011C BEVERAGE CONTROL rn cmuaecrinn with rhesu&sAixsiwr rn the Surte LiyunrAuthoNry of the STAT9 LIQUOR AUTHONI I A Apnlle>iat's Oripindl illir�tl fin - Pre miss Alertbotic Beveea�e_Llceulte Annlicat3nn for the Fatablistlimentldeafifted in tkls Nptxec IPapa 1 6f21 l . 1. Date the Original copy of this Notice was Mailed to the Local Municipality or Common" Ilnanl: _ ' „ - � - GI J TIM 30 -DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERK OF THE FOLLOWING LOCAL MMCfPAUW OR COWl;3UI` ITY 130ARD 2, Nntn of the Local Municipality or Community EkmnL 3. Stireet Addrew of local Municiliality or Community Bound: 4. City, Town, or Village: { �l F��I��CF N � Zip Code: /� /Zoz 5 T'clephone Numbcr of Clerk of Local Mmolrap$hty or Community Honrd - ATTY:tRNEY REPREsmnNG =APPLICANT IN CCIIc NECTION 1Vim TnE APPI.ICAIV;t"S ORIGINAL VMRST) ON- PREWSES ALCOHOf3C- �13 LICENSE API'IdCATION FOR ME ESTAHLISHMIMT IDENIIF;t D IN TMS N(YTICE 6. Attorney'. Full Name (3 r 71 Af ID -ry's Sftet Address: c`L1 LEA j` ty s, cit I own, err village: �r�GI �� Code: /Y.,1 2- 9 m HuscssTeIeplaaneNumbe, ofAttnnaey �° �, V „1 V` THE APPLICANT WILL FILE AN ORIGINAL (FIR” APPLICAMN FOR AN ON- PI3f`t+�AISES ALCOHOLIC BEVMUGE LICENSE IN ORIlir.R TO CONDUCT - @lJUIIN TIC iDEN`I7 ED RSTAWSHM ENT TH9 TM OF BU$$WESS DESCMBED BELOW ltl. T pe(a) of Alcghal to be mild under the License( i E Il Wine and Beer 0* Liquor, Wine, and Beer Extent of ReWAUMnt (Sale of Food Tavern Restauratt (A mixed -use egL" -hmcnf that Tavern / Contrail Larose Adult venue / 11. Food Service: Primarily; Full Food Mom; L-j has both a sit -down dining area and a `stand -up" bar 1:1 Bar (Akwhnl sales primarily - me eM I%d (. --r) kitchen run by ChcQ where patrons may receive direct delivcteies of aletdA minimum focal availability xequiremeuts) i2. of Hotel- Llvc Disk Juke Patron f3$neing Cabaret, Night Club, Discotheque Capace<iiy far 600 BstaliliaT Mu2k .lackey (Sinall Seale) (Lacs. Stale: Dance Chrh) ®' or mono pertmns Club (e.g. Bed t Golf / 8n Caering Stage Tq less Other�� /`! (� apply) 'k-4. ® Fraternal Org.) Breakfast ® frar�lily Shows S p tcitaimuent (Spe y) - - - - Other Proposed OlttdggFAr'ea(ei)• or Deck - Covered3trltettrtt' - - - Grounds, - -- -- - - -- - -- 19. N ltnaito Patin iE`ri eestimdurg Gard. aGard. ( _ - ilrieC4ly) ( 14. Will the propoacd License Balder or a Manager be physically present within the establiehmeut during All Hours of Operalinn? 15. Applicatim Saw Plumber. line A r tic einYa lrSnj) Name as it will app the appucatian 16. ear is for On On- Premises Alcoholic Beverage License, is 17. The Fult'Name rrftlra Applicairt's prolmsrrlHceenWd EatabWanrent (the Trade Name III under which the gnapoaed licensed F,rcti Yahrnent va conduct buainetW is: 1 �I� ✓ � �+ / `t &a l$. nW AppllcanYt prod Licensed P.atahliahmant is located ` // within tine b uit�ina which has the fallowin ! � G.� ' m !n L'G',� ��� 19. City, To", or Village: NY Zip Cads: 2o. 79ra proposed l ie:ensed Ratahliahmant will be located a n the fo)curving &.4a) of the huiklivg of the *ham addnceret 2d. _ Whin hin the burg at the above addres% the pr oposeed Licensed E stablishm ent nt will he located w+ladu the wom(a) numbered a,% waves: 22. Hua iuvs3Thlephone NumberoftheApplicant 23. Business Fez Number of the Applicant: ° 1 24. Busftres. E -Mari Address of the Applicant: 25: IF YOU KNOW - Was th ever an alcoholic beverage license in effect for the apace where . you intend to operate Ygnr UCCUR011 eatabROIDuCIAP ]l f'.S � 10 1 t�,t �� 4•.J OWNER OF T fW- BUILDING IN WIIIC H THE PROPOSED l iC lSED ESIABIdSI_ IA�IiI W71�; =ATM Does the Applicant own the building in If'YW, qM iteuaa No. 27, 28, 29r& 30 If •N0' hears No. 27, 28, 29, 30. 26. v Bich the proposed Licensed Yes Go tlirect(y to Item No. 3I, O Then contitnue to Item No. 31, BAnblishment will be located? ( W � and complete the form. 7w' and complete the form. 27. Brzllrlirtg Ovmer'S Full Name is: 28. I3uildin$[3vnier'a Street Addr• )c i7 G 29. City, Town, or VHlave - Zip Code: �a 4 t�'; STAf�€�i�NEWYi3It Sfmuiardizztf 14PPU Ax1IQN NOTICE QMforPrasidinga Board EXECUTIVE DEPARTMENT 3d- Ilgvdvre Aiatiee to n oeI ao�tality o!nmmEttlity D IVISION OVALCOUGLICIIEVERAGE CONTROL r inrnmrer7lanwf�hthesn6missianiothe , Sfuteftgnar 2urhoriry ©ffhc i � j SPATE LIQUOR AUTHORITY t - for . ritcetice (Pfte2af2# mwei_AMx6uw.ul:ueui.,ua ra.w.p4 d, /Y ,izu,.c'.im kuuY�mL.s'uWU�y.la„�u f. buy,,y„y ,Wwa ••••�• ',xAiiwl,.lia,�'u :%rvEl 'y�o , i, " 'ni�, u,.e :.dw.a_.�,,,. _ -_ ,.,lt.e, - }Z' . IN ' ORDER TO MAKE SURE THAT PAGES Y AND 2 OF YOUR NOTICE ARE NOT SEPARATED OR MSPLACED, PLEASE RE -ENTER IMMEDIATELY BELOW TIM INFORMA'i•ION REOARVING YOUR APPLICATION SERIAL NUMBER; NAME, AND 7Y2W9 NAME, YOUR COMMIES ARE AP]PRL+.{;Ui ED 15. Application Se" Number. iS. The AmlicanYs Full Name. as it will appear in the application IrA for the On -Pr rmiwn Alcoholic Beverage License, is: � t �7 �? �1� 14. r1_L 1�� 17. The Fult Name of tho Applicarut'a proposed iiccnacd Estahldglumrtut (tbc I de Name under which the pmpourl Lioe=cd Essablimfun will conduct busiuew4 iw ! X2/ - v # C 6 Allea I . R.- :r � wi 'e..w...: - '.. rmKKnumnmRdrt .... . ,�� ' .e, n rt✓Fuv%r ii inn,e. Rr.. t,'- ,F. -a$sz d,ry x :w,t e,. .. -•• a�.�,', ID ' .. �btl „"„ �q� q��p p�� Kq.�y.�v �.. i+' .x..■.r,q- {,• -�,., y�g � > ��� , 1� , ry . ��pyq� ;ew Yp 9 �E ,trA� ng��pg pglq� - d1iS W1491f;S S ®s] AIWd'�� X48 AV.pFV 41V Q�3t !'iM.VSVidiy 16� a�j aR ���r�l_ d�4 F3aT.a iii.T.FSVt} WHERE THE APPLICANT'TNTBNDS'TO OPERATE III$ /1=11TS PROPOSED LICENSED EWA33LISHWNT .._.: ............. . :..�.._..,......._.--- •� - ---� w, ray _ _, - - - -- -.._._ 3I. IF YOU KNOW - Is a business that is Iiceneect to sell a #cul�o[rc bevels uti3rrently being conducted YE6 twt IO Tlurl't Know t in the sar pe wh licensed establishment? you intend to operate your licen establishment? Ej L 32 Are you buying any asse l(s) owned by the €rpeatar of the liecused In ainness currently being conducted in the spare whore you intend to operate your licensed establishment? {For mamplm good will, egE*"ent, fiwni 3r v-k—, dislinaw, etc,) YC9 � NO IF YOU ANSWERED OTAKTO ITEM 31 or 32, SKIP I'T'EMS NO. 33 and 34. CO DIRECTLY TO ITEMS No, 35,36, 37, 38, 38, and 39. IF YOU ANSWERED 2(#”, TO IfFMS 31 and 32, PLEASE PROVIDE THE DWORNIMON REQUESTED BY ITEMS NO. 33 and 34. IF A BUSINESS LICENSED To SELL / A � LC .n OHOLIC BZVERAGES IS I CC1T CtiRRENTLY BEING OPERAWD IN TILE SPACE. Wuum THE APPLICANT IN'1•L�NDS` VrMaTE fUS /HER /M PROPOSED LICENSED BUABLISM4ENT, PLEASE PROVIDE n[ R KATIO R ANY IM IXEN TG #.L AI,[ dC T T W X _ 'I _ a1[ "E SPAC$ IF YOU KNOSV - fur the s wlceue you intend In operate ynur eatab}isbarcut? f : hevereg px ibme conducted Yes Are 0 I llott`t Know — - Are yore buying snY asae!{8} pared by the oparrJim' crf the tip business that was most receutiY conducted 34. in the space vdiere you intend to aperatc your licrosed establishment? War example- goodwill, c:quipanea4 furniture, cookware, dishware, etm.) If the O_ riginal- Application is approwed i am the Person who will hold the License or I am a Principal ofthe Legal Entity that will bold the License. Representations in thib forms are in full conformity with representations made in documents that have been submitted . (or documents that will be submitted) to the State I.(tlaor• Authority; and relied upon by the Authority. I understand that representations made in this form will be also relied upon by the Authority, and that false representations in any document submitted to the Authority lomy result in revocation of any license that may be isattc& By my signature, I affirm. = under Penalty of Padary ._ that the representations made in this form are true. Pontallowv Title, Ill YOU ANSWE ICES' TO ITEM NO..31 or 32 or 33 or 34, N €>LFASE ANSWER rPRMS NQ. 35 and 36 and 37 and 38 anld 3 t19ItOAAR MOX ASOM TIM 0 PERM R OF TM LAC J g fl Ob i (Olt >![= Y CFfNAIiOM) IN THE SPACE WILE .TY APPLICANrIITI7sNDS TO OP TEHISjHERI a LICGNSEII ESTABLISFIIVIENT. VOLLi3WMG IAyovi"Tton 35, IF You KNOyN - The Full Name of the Operator of the Licensed buaincsa now being conducted (or that was must recently conducted) -- I Don I£L1 in the s whom yarn intend to opma� "a r hoe ua�l eStaklis�uteat j 36. 1 IF YOU KNOW - 'lire F uU Name of the Iiomseil Establishment (tbe Trade Name) � t � etc a thBi d ° . . H Y o l" rt �" d) spa upe ) licensed establishment - a i Don't Know 37. IF YOU KNOW - The alcohulle bu rouge license serial number of the Inisinsss naw luring awnductetl (or that was moat recently conducted) in the spare wbew you intend to operate your licensed establishment., I I3on t Know, 38. IF YOU KNOW - The Type olAdcwbolic BevmW Lieerzsc bcld b3 ( t} � Up£raUSY; the current or most neen teens f Lwl � ��✓L lam, lf� •� � Don't I�IOW El 39. IF YOU KNOW - lWephom Number of tine current homsed apertutnr or tide most recent licensed operator: d e I don't Yn W L If the O_ riginal- Application is approwed i am the Person who will hold the License or I am a Principal ofthe Legal Entity that will bold the License. Representations in thib forms are in full conformity with representations made in documents that have been submitted . (or documents that will be submitted) to the State I.(tlaor• Authority; and relied upon by the Authority. I understand that representations made in this form will be also relied upon by the Authority, and that false representations in any document submitted to the Authority lomy result in revocation of any license that may be isattc& By my signature, I affirm. = under Penalty of Padary ._ that the representations made in this form are true. Pontallowv Title, stondardiwd ORIGINAL APPLICATJON NOTICE FORM fori'rovidingo STATE OF NEW YORK EXECUTIVE DEPARTMENT 30-Day Adi�aBev Notice.to a Local MaWdoalitv . or 1 4 . ; . ommun1tv Board VIVMON OF ALCOMOLICBEVFRAGE CONTROL in cmvwwaun with fhesubmuim fathn Siaw VgwrAythonryoffhe STATIK LIQUOR AUTHORITY foe the Eslablishment Identified in the Notice fMwa I of 21 the Original copy of this Notim was Mailed to the Local Municipality or C ommunity Do 2 0 L THIS 30-DAY ADVANCE NOTICE IS BEING MARED TO THE CLERK OF THE FOLLOWING LOCAL MUNICtPALVIY OR COMhWNYIY BOARD 2. Name of the Local Municipality or Community Hoard: 3. Street Ad&v!4% of Local Municipality or Community Board- AW/ 4. City, Town, or Village; NY zip Code: 5. Telephone Nttm6cr of Clerk of Local Municipality or Community Board- Ile ..... .. . . ..... . . . . . . ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION'S YM THE APPLICAM ORIGINAL (FIRST) ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 6, Attor'ney's MAR Name is; 7. Afforney'a St 81 City, Town, or Village: AT 4 Code; 1 9. B.. - Telephone Number of Attorney. THE APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICA'171ON FOR AN ON-PREMISES ALCOHOJAC BEVERAGE LICENSE IN ORDER TO CONDUCT — WITHIN THE IDENTIFIED ESTABLISHMFW— TUB TYPE OF JIUSUiRSS DESCRIBED BELOW 10. I)Fpc(s) of Alcohol to be mid under the License (IV ogll; J. i 1 Qoly Wine and Beer Only Liquor, Wine, and Beer Be- Extent of Restaurant (Sale of Food Tavem ResWUrant (A mixed -use estabimbment that E] Tavern / Cocktail Lounge Adult Venue Food Service: Primarily; Pull Food Menu; has both a sit -dawn dining area and a stand-up' W Bar (Alcohot sales primarily - meets legal ry W-0 Kitchen run by Chef) where patrons may rml:vc direct deliveries of akdhol) minimum f[lod avadHblw ­q- Type of 12• 1 stabfi4bmemL H El _1 I or ca L1vc Disk Jukc Potroo Dand" Cobaret� NW Club, pacity fo 600 musk j"Joey Inc (S-all Scale) (Large Seale Dance Clu Discotheque [] b) mom pat ron's Ae ("3v Club (c,g. Golf Bed & catering stage Topless Other 11WW Fraternal Org) Breakfast racility Shows Entertainment (Speeffy): 1 AW that apply) Ij _E1 - Q E - El 1, posed rM Garde, Other Outdoor A 13, Pro None Rooftop or De Covered Structure f rea(sj� deck cture Grounds 0fy)' El El Patin El Freeataudmg El 14. Will the propos License Holder or a ?Manager be be physicallpresent within the establishment during Alt Hours of Operation? t 'V ow ES : Y NO 15. Applk-atlan Suial Number: 16. 77M Aunlicanfa Full Name, as it will appear in the application for the On-Premisea, Alcoholic Beverage License, is 17. The Fun Name of the ApplicoWs proposed licensed EBiabliament (the Tyade Name under which (lie proposed Moente-d Establishment will conduct buslneo� is.- " 0 f;' ✓ 60A� Ic' 18. 'Ole A�pllcanf. proposed Licenaed Establishment islocated - within the buildins which haa the Ulowing Stxmt Address A (m ,,.d If ve 19. City, Town, or VUIW; NY Zip Code.: 20. The proposed Lioansed Hstabhahmcnt will be Itmated on the following Rw4a) of the huming at the abaft addreow 21. Within the building at the above address, the proposed Licensed Establishment will be located within the room(s) numbered as follows: 22. Rusinctis Tekplione Number of the Applicant 23. Business Fax Number of the Applicant: 24. Business E-Mail Address of the Applicant 25. IF YOU KNOW - Was thaw em an alcoludic beverage license in effect for the space where - you intend to operate your licensed eatablishm Yes No ent? I Dwl Know OWNER OF THE BUILDING IN WHICH THE PROPOSED 1ACENSED ESTABLISHMIMT WILL RE LOCATM 3 1, tf'N(r, ANMM items Na. 27,28,29, & 30. 26, w wch the proposed Licensed Go directtv to item No. 31, No. Establiahincat will be located? (Ir OW 'I yes El Then continue bD Item 0 MPICte the form. and complete the form. and CO Does the Applipantown the building in lf'YES" gm items floe 27,28,29, 30 27. Building OVmWa PQII Name iw 28, Building Owner s Street Address (e/o. e 29. City, To—, orvillaw: Z`_ Code It Code. v STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OFALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY stvnd wised ORIGINAL, APPLICATION NOTICE ]FORP4 far Prownig a f 1ED , v Adymsce Notice roa LAml Ydnaki .. tv nr Community Board �`� / in mnmWon with fie suhmkdon ro the 31me LftprarAufhoriry of the A #' t e.I.iCT'nitt: for the In Ibis Note Aft 2� IN ORDUR TO MAKE SURE THAT PAGES 1 AND 2 OFYOUR NOTICE ARE NOT SEPARATED OR MISPLACED, PLEASE RE -ENTER IMMEDIATELY BELOW THE INFORMATION RBOARDING YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAME. YOUR COURTESIES ARE APPRECIATED 15. Application Serial Number: 16. The Aaalicane's Full Name, as it will appear in the apgIIcation for the Ore- Premises Alcoholic Ikvrsage License, is; I7. The Full Name of the Applicant a proposed licensed Establishment (the Trade Hama N conduct bus is L I ✓."' d r7,11- .whtclttllemp N ' dace t�tzdEstabLxl�rsstantwtll INFORMATION IIdI GMMDiG AM HUSINSM LICTLN W TO MLL AI COHOI,IC BWAMAQXS "AT IB Y W"G_0P=&T8D IN TM SACS WHERE THE APPLICANT INTENDS TO OPERATE MS /HBR /ITS PROPOSED LICENSER FwABLISHMENT IF YOU KNOW - Is a bushwas that is liceueced to sell alcoholic beverages currently being conducted i Ye8 0 NO ! Don't ICt1OW 0 in the space where you intend m operate your liseneted establishment? Are you buying any asset(s) owned by the operator of the heensed bushm s currently being conducted 32. in the apace where you intend to operate your licensed establishment? (For example: goad will, equipment, furniture, cookware, dishwaw, etc,) Yes ® NO IWERED n(l ,S° Tel ITEM 31 or 32, SKIP ITEMS NCI. 33 and 34. GO DIRECTLY TO ITEMS NO.35, 35, 37, 38, 38, :and 39. $Pll✓I2I;l)" TO ITEMS 31 and 32, PLEASE PROVIDE THE INFORMATION REQUESTED 11D BY ITEMS NO. 33 and 34. IF A BUSINESS LICENSED TO SELL ALCOHOLIC BEVERAGES IS NOT CURREIV iT Y H4INC} OPERATE IN THE SPACE WHERE THE APPLICANT INTENDS TO OPERATE HIS /TIER /M PROPOSED LICENSED ESTABLISHMENT, PLEASE PROVIDE I010"ATION RWARDWO ANY W8V=8U=8ft TO t3 MI, A140HOLIC WWXRAGM TUA'T WAS =9(S ' XECIMMV 01- =ATFR IN T= SPAt 3 IF YOU KNOW - Was a business that was licensed to sell alcoholic heveragcs previously Conducted i n the space where you Intend to uperate your licensed establishment? Yes N d 1 Don't Know Are you buying any asset(s) owned by the operator of the iic:eumd business that was moat recently conducted 34. in the space Ahem you intend to operate your Iicenwd establishment? (Fur example: good will, equipment, furnibne, mohwar'e, dishware, etc.) Y68 11 go IFYOU ANSWERED `YES' TO ITEM NO. 31 or 32 or 33 or 34, THEN Pt. EASE ANSWER ITEMS NO. 35 and 35 and 37 and 38 and 34. �,....e ..,. . INFOOMA'31021 Al3f VT TIC OPERATOR OF TRE 'i,tt t .. .._ . ... Y I�I3J 0 CO ' -,_ .. (OR M Y COHISS3JD) IN THE $PAC!? WHERE THE APPLICANT INTENDS TO OPERATE Ht8 /HRRJM LICENSED ESTABLISHMENT. PtrAMPROVWXTRISPOLLOWHWUMMUTION. If the Oi:4girud Applicatioa is approved, I am the Person who. will hold the License or I am a Principal of the legal Entity that will hold the License. Representations in Heise farm are in fall conforan(ty with representations made in documents that have been submitted 40. (or documents that will be submitted) to the State Liquor Authority, and relied upon by the ,Authority. I understand that representations trade in this form will be also relied upon by the Authority, and that false representations in any document: submitted to the Authority may result In revocation of any license that may be issued. By my signature, I affiran - under Puri lty of t'edury - that the representations made in this form are true. PrrnmiNwna -- - -- .. .... Title 35, IF YOU KNOW - The Poll Name of the Operator ofthe licensed business now being conducted for that was most recently conducted) in tine spmw whue you intend to opemw yvar Iiwnzad estubli"amont; I Don't KnOW rr ii - Il:' YOU KNOW - The FUJI Name of the licensed Itstablishment (the Trade Name) 3fi_ maw being operated (or that was moat recently opetatnd) �Lt I Don't Know El in the space where you intend to operate your le t licensed, estaldislaaen �/I7 e-4 IF YOU KNOW - The alcoholic beverage license serial number of the business 37% now being conducted (or that was most recently conducted) - I Don't 0 in the spare cohere you intend to operate your licensed establishment . 38. IE'YOtlI(N014'- - by The Type of Almhotic leverage License held licensed / 4l6? ryry I the current (or most recent) operator: ,��'C D on't Know E� J 39. IF YOUISAIOW- eP pmmtar `Irel hone ofthecurrenthoen da or the Itentx€l r 141 l l�otl't Know most recoeut recent o — T - - - - - -- - = - :_._-- .__._....- ..... -._. ". '.. . If the Oi:4girud Applicatioa is approved, I am the Person who. will hold the License or I am a Principal of the legal Entity that will hold the License. Representations in Heise farm are in fall conforan(ty with representations made in documents that have been submitted 40. (or documents that will be submitted) to the State Liquor Authority, and relied upon by the ,Authority. I understand that representations trade in this form will be also relied upon by the Authority, and that false representations in any document: submitted to the Authority may result In revocation of any license that may be issued. By my signature, I affiran - under Puri lty of t'edury - that the representations made in this form are true. PrrnmiNwna -- - -- .. .... Title r M.L. HALEY INC. September 27, 2010 Gerald Chwalinski Buffalo City Clerk 1308 City Hall Buffalo, New York Dear Sirs: I am purchasing a tavern in North Buffalo and applying for a liquor license with the New York State Liquor Authority. I respectfully request that the Mayo's office waive the 30 day waiting period prior to filing an application for a liquor license with the ABC. The previous establishment is. Hassett Jordan Inc. DBA Checkers 1854 Hertel Avenue Buffalo, New York 14216 Owner: Joseph Jordan 47 Covington Avenue Buffalo, New York 14216 (716) 832 -4199 The new establishment is: M. L. Haley Inc. DBA Checkers 1854 Hertel Avenue Buffalo, New York 14216 Owner. Michele Haley 11 Winston Road Buffalo, New York 14216 (716)832 -0513 I thank you in advance for your prompt attention to this matter. I can be contacted at (715)832 -0513 if you require any further information. Sincerely, i Michele L. Haley President it WINSTON AVENUE - BUFFALO, NEW YORK - 14216 PHONE: 716- 832 -0513 " : "fir. STATE OF NEw YORK Stlaulurdezcd ORIGINAL APPLICATION' NOTICE FORM, �,r PrusuGneu ➢ EXECUTIVE DEPARTMENT ay Advance Notice run Local Nlunicipal.ity or community Board, ��.. .. t DIVISION OF ALCOHOLICBEVF GE CONTR01- h; rnettranri errryrrrirciunrprltu ,SlurellgrrurAu€Annt STATE LIQUOR AOTHORITI plicant's Ori ina tt' S,0 On-Premises Alcoholic Beverave License Annlicatinn - Eux o Z1 �- `i for the Establishment Identified in this 1Vnticr P J _ _. --..cZD Date the Original copy of this Notice was Mailed tq the Local Municipality or Community Board ® b r>r15ao DAB vA O 3 07 >�IsLI ftv: n Ail Duero e is l tc 2 0 - oL10'sv a +�cAl;l�falvrcrAL1TY aR c oxttirl sRl7. 2- Name of the Lora! Municipality or Cammunity Board: - � - --- --'- -- -° L 3. Street Address of Local Municipality or Community Board. p� 1 Arisi9�ft� �t1k��® 4. City, Town, or Village: 5. NY Zip Cod • Telephone Number of Clerk of Local Municipality or Community Hoard: e - I ATTORNEY REPRESENTING THE' APPLICANT IN CONNEGT1ON W`1TH THE APPLIC -ANUS ORIGINAL iF1RSTj ON- PRCM[SES ALCOHOLIC BEVERAGE LICFNSE APPL €CATION FOR THE ESTABt I51{1v1ENt'iDEt�TIFII p [I� f1�fg NOTICE J 7. 6. Attorney's Full Name is: Attorney's Street Address: ® � F f ex 1 0-1 A $ Ci Town, or Village: — � a 4 I ( - Zip Code: 9. Business Telephone Number of Attorney: LL -- - -- -- 1 to i 4 TIIl APPL1011N1 W1Lt r €LIs AN ORIGINAL (C[RS1) APPf.ICA7ION,I f?R AN ON -RR aM1SF S ALCO$pl 1C BEV. � R , - A L, G ` E bkI 9 SSE IAIORDERTO- COND[3C7'- WS9']11N'TFtI 1Dl h °7'IF1ED ES'PA13I1S }INt NT -TIiI TYPE'd> `I3U51N1 $S.]]ESCRIBED BHibW fo. Type(s) of Alcohol to be sold under the License ( - X` on • : BCef m only F1 wine and Beer Only I L €quor, Wine, and Beer - Ex S ervi c e: (A Restaurant (Sale of Food n Tavern - Restaurant m#xed•usc establishment that Tavern / Cocktail Lounge / Adult Venue J j 1 l FOR El Primarily; Full Food Menu: L has both a sit -down dining area and a "stand -up' bar I...___J Bar (Alcohol sales rimaril Kitchen run by Chef) where patrons may receive direct deliveries of alcohol P Y -meets Legal l minimum food availability requirements} T e of 12. Establishment: Hotel I - music J kc • duke Patron Dancing Cabaret, NighE Club, Discotheque Capacity for 5D0 I !I 1 � Boy (Small Scale] F1 (Large Scale Dance Club) or more patrons I'X' all Club (e.g. Golf/ Bed & ❑ C:atcrin that apply] Fraternal Orgy 13rcakfast inmcnt g Stage r ntcri s Other Facility Shows r uptes �� (Specify(: ��imA� Proposed F 9 .�t�pjauo e Covered S€rPrecstardin Outdoor Area (s): None 11 Rooftop g �# u Garden J Off tt __ ll or Dck ucture Grounds � (Specify): � "''^ IQ. will the proposed License Holder or a Manager be physica �`'; "7tiy present within the establishment during All Hours of Operation? ('X' one : I Vf YE5 € L.,..J € NO 1 I t - 15. Application Serial Number: ! p j CA i � - - The Aooliennl ;s Full Nam 16, 4. a nts it wilt a ppcar ice [hc Lncation G R L_ �c € for the On- P €emiscs Alcoholic €'leverage Li is: i 17 The Full Name of the AppdicanL's proposed licensed Establishment (the Trade Name f °'} I # under which the proposed Licensed Establishment wilt conduct business( is: I P" P mo IC- A � Rid I 1& The Applicant's proposed Licensed Estab €€shment is located —i within the building which has the following Street Address: 19. I City, Town, or Village: C A e�� S � NY j zip Code: 20. The proposed Licensed Establishment will he located on the following noor(sl of the building at the above address: } 21. Within the building at the above address, the proposed Licensed Estahlishmcnt wi€1 be located within the room(sl numbered as follows: 22. Business Telephone Nnunher of the Applicant: 23. 13 usmess Fax Number of the Applicant: 3 24. Business R Mail Address of the Applicant L: 25 IF YOU KNOW - Was there ever an alcoholic beverage license in effect for the space where f you intend to operate your licensed establishment? Yt;3 NO ❑ € Don't KrtpSy OWNER OF THE BUILDING IN WHICH THE`PROPOSE6 - j- ENSED ESTAE3Li�I{MEN7,WIGI.BE LCJCAT�D Does the Applicant own the building in €f "YES% SKIP items No 27, 28 29, &30 _ - ( I If O' - 26. which the proposed Licensed - — Go directly to Item No. 31 N A-- NW,'tems No 27, 28 29, & 3p. Establishment will be iacatet €. 'X' one complete the form. NO n YES ® and Then continue to 1[cm No. 31, — and complete the form 27. Building Owner's Full Name is: - . ----- -_---- - - -- - .-- -- - . 28. I Building Owner's Street Add €cis. 2 City, Town, or Vitiage: - - - Zip Codc: 30. Business Telephone Number of Building Owner; raa i.zwv o f rm, d V.ionardized ORIGINAL API'LI N IC ATI N TS FORM fur l rnv,rrl,rk er STATE OF n ° E~.v YORK � EXECUTIVE DFPARTAIENT 30 -D tv Advance Notice Ina Local MunEcin30ty or Communitv Board, �� j ©lVE8t0� i OF ALCOHOLIC 9EVE RACF CONTROL +n c'urvrrecvrrnl lr•ilh the sirhnrlsrrun In7he,Krrov L+eprarAulhr+rily ofrhe STATE LIQUOR Atl rHOJt €TY AmAlcant's Oriltinal (First) On- Premises Alcoholic Beverage License An lie ti . � for the Establishment Identified in this Notice, (Peae 2 of 9) IN To MAKE SURE f1)tT ��5�s.7 �lN� o f��as�vrls�e�t PLEASE_ RE ENTER" I:•{ J1 13JA tELY'8EI OIV TE(E INZ<'0�2MA' ION (3ik b [j VCOXTIF ftPPLJG [�t4�Ef2� NF ME A`N[5`7Y2A�3) .15Ai4E, YO >COURTSIESrARE:9t'AI) CJATCn J5. � Application Serial Number: � 'a # t �' _.. 16. I The Apnlicant'S Full Name, as it will appear in the application for the On- Pretnises Alcoholic Beverage License, is: L`C lishment (the Trade w h I the Applic proposed licensed Estab will conduct business] [s: � � � i ��� ('"�� h J7 t I — under w p [ett thr proposed Licensed Establishment (� IItT 0PUATlbH IkEG'A* 1NG ANY - +i r a�ES;rHr� c s cuaxaE_ 11* 13C -OPERn II{ rir _s�A� .. SVHCRE :THF APPLICANT INTENDS TO OPERA! $'1 13 /til:R %ITS PROPtSSEt] LSCENSEtS ESTABIISI I 31 IF YOU KNOW - Is a business that is licensed to sell alcoholic beverages currently being conducted in the space where you intend to operate your licensed e8Mbllshment? Yes No ❑ I Don't Know ❑ { Are you Buying any asset(s) owned by the operator of the licensed business currently being conducted 32- irs the space where you intend to aperate your licensed establishment? ff� ! (For example. - good will, ettuipment, furniture, cooinvare. dishwarc, etc Yes LJ - No IF YQU- ANSVdCRED ASS' TO ITEM 31 or 32, SKIP ITEMS NO 33 and 34 GO D] RECTLY Tp1TEM�Np 35 Ii -Yp>} ANSW$1ZEb !NO TO °ITEMS 31 and 32 P1 ERS1 _PAt3V6 7 J7 I{�POR1viATIC?Jlf I�F�C3UEST 17 13Y 124 M8 1fDr3 arfd.34, tAAd3t�JSIJVES Lift $EDjo sFLL/SLCOHO41 - bj Y jiAkC t tI T $AACi It7Rpl21dATIDN H t2E - 3'IJE APP4J=;sANT tNTENnS T9 t3}?ERATr�F [$' fIE {'I`SPRi} -N� i } 3sf H�y F T G' d RES -+ifJ t EiARPIHG ANY BUSINESS l:TC£HBED -'i'Q- SET. G- ALCOHC3LIC H$i7ERA EB '}i.IIT �VRt? -1C3[ _i€1gC1rtY ISM- RRRA�S I ED_ 0 . .., c 33 IF YOU LKNOW - Was business that was licensed to sell alcoholic beverages previously eonducted ; S JJJ in the space where you intend to operate your licensed establishment? Yes No ❑ - J Don't Know Are you buying any asset(sl owned by the operator of the licensed business that was most recently conducted ' ? in the space where you intend to operate your licensed establishment? I 1 i (For example: good will, equipment, furniture, cookware, disbware, ctc.1 Yes LJ No r.32 of 33. or 34 TIfRN PI,ASE AftSYJER JTCJv1S <NO 35 ntt $ltd 37 and 38 and 39 J1 YCUttN$WERED YES 1O ITEM NO 310 v y f �z ? �c t l Z 7J'IFQIthY11T1OH gBQUT THE OPERATOR OF THS LTC ENS ED` BU :CURRBHTLY :BETNG,COtiD[7C1'8R (( sMO &T Fi CJEHTY�Y�C01Qi74CsTEDI iN'1`t E- DACE -... WHI;RJ:'flfE APPLICANT JNTt;Nl7S - TO OPERATE FIISIHER-/ ITS - LICE LICENSED ESTAB tSHNJJ:HT, - PL$A E ARE7V�'F7L.�HEf OLL4WIR ix .tz rCrtiix; - IF YOU KNOW - The Full Name of the Operator of the licensed business _ 35. now being conducted (or that was most recently conductcdl /� ❑ i n the space where you intend to operate your licensed estatrlishmen €: V � 1 eZF Ate J ( 'i Don't Know IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) 36. now being operated (or that was most recently uperatedi in the space where you intend to operate your licensed establishment: f Don't Know ❑ € IF YOU KNOW - The alcohohe beverage license serial number of the business _ { 37. now being conducted (or that was most recently conducted) ❑ j in the space where you intend to operate your licensed establishrncnt: 1 ,6. 30 1 Don't Know - Type Beverage License held by 38. IF YOU KNOW The of Alcoholic fi( y (— ( 1 the current for most recent) licenser! operator: I V i 1�.� i � a S L-1 u �' • 1 Don't Know l_J IF YOU KNOW Telephone Number of the current licensed operator ` T ­ ' — I 39. or the most recen€ licensed operator' 1 Don't Know ❑ tf.tlie,Origtnal FlppltC:ition.is approved, 1 am the Person l , �lta tv33€ hold ttjc l tense 4r t $tn_s Pct olpal of the31nt3ty thatwtll hdld.th License: 40 12epreseittapons in L113 3 >fnrm are tri full crtnformtty vitth rereseptattn tndettzio�stm�rt ;ssF atvg ben stlbin�Eted (or -d_ U that will be sutirntttedf ta=t)te State lq€JOr At1th ©rIt} attd r It ¢ t}Pon by the } Put ionty- 1 understand <that representatloris _m$de iia flits for_in S�tL( be ttlsa netted u n by+ I,h�e�Au416M.'A hatfals re r s�ritahrtrs isttanyA6,,umdnt submitted to the Auth©rtty may result tli i evocation of4 Fitt ease that may lie t�stted: III By my signature, t affirm underPsnj[ty of PbTjMk_ tha the repkesentattons rEtacte tit this form are trite, Printed Namr Q Tillt Signature - -- - - < -- - - - _.,1,. - _. ___ �1?.54.7004.02 1611 Sta.:tle,rh_ed ST.ATEE7F \k :AA'l -Qltli ORIGINAL APPLICATIO NOTICE FORM . 1orProiwhtrg u - -- -- - -- - - -- , ENECUTIVE DEPARTMENT 30 Dati AdL Iltce (Notice to a Ltrc•tl IYIuIIlciLai111 - at Coml[luntly Board - - m on€r rlt rh tl €a s€rbmisaron ra llc Sa L iE irrtl a>sn of rAa `t t- D1L'ISIO� Cllr ALCOHOLIC BEVERAGE CONTROL .� � AI)Ea]iCalll'S 01'11?3lEN[ E1'St} ©!1- }'t'e1tIF5fS AIel1]a0]tC BPL "f!'82e I.lCfllSP elA li[7] €Cilfip[1 STATE; LIQUOR ,ALITHORITL` - - for the L+stalaEishtucllE Identified in this Notice f ?aae 1 of 2f '; p. l C�g�l J THIS 30 DAY ADVANCE NONCE IS BEING 2 p 1. Date the Cisi Etlaleo 1 of tl €is Natic'r u'as h4ailetl to the Locat hiunici 7al[it� or Co€ulatuxtity liriald: ----- - - - - -- — '- - -- -- -' - - -- - --- -- - --- -- - - -- - MAILED TO'1'HE CLERK OF THE FOLLO LOCAJAMUMCIPALITy OR COMMll €TX BOARD mm 3. Nanle of tile Local Municipality or Cornm€uii € Bowd: 1 E ' +f p j' 3. I Street Addresx of l- c- l Nicinicipality or Coww €ulith' Roard:• ' iE 1 •l. I Citi ToNSn, or Village: € - - -- - _ -- c.� { NY zip Code; 5. I 'Telephone Number of Clerk of Local Municipality or Cowuluusly Boa d: ATTORNEY REPRr THE APPLICANT IN CONNECA ION WITH THE APPLICANT'S f ORIGINAL (FIRST) ON- PREMISES ALCOHOLIC; BCVERAOL: LICENSE APPLICATION FOR THE ESTABLISHMENT WNTWIED IN TI -Ifs NCYl'ICE 6. I Attorneys Ftttl I•Ea €ne is: f k''� / 1 € " y � a J . 7. I� r'11ipt'ney's Stteet rldtbc ss: r /! �i''� . _ , _ ••••, I I - j - f /''gyp l - .. _�j -_�fiL l C - fv`-.`I_.) . 8. ] Cith - , To€a'il, ov Vif€age: I f } 3C f' 7iip Code: 9. ] Basiness Telephone Number of Altunley: THE APPLICANT WILI, FILE AN ORIGINAL (FIRST) APPLICATION FOR AN ON- PREMISES ALCOHOLIC. BEVERAGE LICENSE IN ORDER TO CONDUCT- W[THIN THE IDENTIFIED E9VABLISHMENT -THE TYPE OF BUSINESS DESCRIBED BELOW 10, Type(s) of Alcohol to be sold undo t- [he Lire -nse (.X on : I Beer Wine and Lacer Qnty' Liquor, Wine, and Beef Onb' Extent of Restau €ant (Sale of Ftxxl I =ave171- Rrstfltrt'rurt (A mixed -use eslal,lisElwen! that Tavern J Cocktail Lounge / Adult Vcnuc f 11. Food SerYlre: Prlluatlll F ull Food Meuu; W hag both a s €t-down dining alga and a `slalut-up" bar' Bur (Alcohol sales priji€arity - meets Legal (" nlle Kitchen rill In" Chet) where pnixons may Feceive direct deliwrieS ofalcohol) Minimum focal avallablhtl' requilements) Type of l t�' l Live Disk Jake Patron Du€ eing Caba €et, Night Club, Discotheque Capacity for 600 12. Establishment: I I lioteL Music � Jockey Box 11 (Swill Scale) (Large Seafe Dance Chlb) ar Mort Imhons ( °X' all Club (e. 3t g �� G II LB J Berl & Cateriug Stagc [] Topless O €Iles' that apply.l � ([�I I'laterl€al Olg -) fircakfast Facility Shop`s Glaterinitiment h xelfY : ! €` f i € t -- - - - -- Plvlx€serl y I N Patin � C o es Covered iug El Grounds J � Ot her y 13. n Gl €tclnor'AreA {s): Nor a RaoRop os Covered Struch€re Grounnoun (Sp ds (SLleei €Y): 14. Will (lie proposed License Holttcr or a Manager he physically Present leiTWn Tile estahlislunent daring All I[ours of Opct -ation? ( `X" one : - -- [ L Al YES � � NO 15. Application Serial Nuwbet: I 1-�` - - -- --- - - -- - ---- 145. The Annticant's Full Name, as it will appear it] the application for the Oil - Pteulises Alcal €oGc L3PVCr:sgc License, is: The Full Natur of the Applicant's proposed Ecelrsed Gslablisltt €lent (tile T€ade Name under which the alli osed Lic•esrsed Establistttneut mill cotulttc 4 busillcss ) ]s. t The ApplitAnt's propasecl Licensed Establishment is located !' J I8. a =itlrin the building lding which has LI€e fnI €nl�'ing 8Ucct Address: �( 1'1; (f ,'A! w J �j '. 19. I Cit}', Town, or Village: I .I lei NY Zip Cac€e: C°42 t 3 30. Tile proposed Licensed EstabliAnuvrit will he located oil Ole folloxviug floo€js) of the building at the above add€eas: I VI 2 I Within tl €r brilding at the above axld€'ess, the piopoi;ed JAI cnsell F,stabhshn €ent will lie located %vilhill the room(s) nambetcd as follows: i 22, B€tsiness't'etepLlouc Nutnllcr of the Ap[llicatst: ;) - �e I 23, Blcsiacss Fax Nil fatter of the Applicant: (( i 2$. F - - - - Business E - Mail Address of the Applicant: -- I IF YOU KNOLL' - Was there ever all salcobulic beverage liceijs in a=ffect for the space ]where - yotl intend to operate your licensed establislnzleut? YCW15 N, ❑ I Don't Knoxv ❑ - i OWN IZ OFTHE BUILDING IN WHICH THE PROPOSED LICENSED ESTABLiSHMCNT WILL RE LOCATED 1 Does the Applicant own the building in - � €f "YES", SKIP items No. 27, 28, 29, 8, 30 E€ `No', A3x'SAL`EK items No. 27, 28,29,& 30. '26. n'hich the proposed Licensed ❑ Go directly to Item No. 31, Then contmim to Item No. 31, Bstablishtuerd will be located? ( "X" a13e YP.3 and complete the form, - ---��� a slid complete €he forty. >7 €3ui1€tiu Ocvne€'. Full Na. is: .�j°�{' ! f ¢tF��` I [ g J I �jl,S �3 vt 7 U� f �fi�,yE 7_}� > • li ^ 78. Building Owxtel's S[tcct Add ss; - .1•i1�L'� 333 i f t3� 39. City-, Town, or Villa Pr: j ] t` Zip Cade: {" 11 , °'.�_ 30. Bilsnless Telephone Number of Building Omuer: S _ _ � s .�,........ -. ��._ ..._.. - 12.n.2,0APiI, Srarelcrrdr_eef ORIGINAL APPLICATION NOTICE IsOI2ltI jorProrrclie,n rt r, -- X" , STATE OF NEW YORK - -- - - - -- 1 ' -- - --- �p E \EC'I } '1'IYE t]it.I'.1RTAiENT 3fl I}u3 Adva tatotice t ©a L ©c tl I47uuiciLlitith` or Calnitttluit3• Soltl•d Q4 DIVISION - - - r r cur ctto s , th tIr • ,uhnu« n ro th Sot L,, torAvd 1 rn of the A�I OF ALCOHOLIC BEVERAGE L, tttirant , s OrI'_ *Anal (Fn•st) Ott- Pretttlses Alrtttluht Bej i't•npe License AI) p1ict1tiolt STATE LIQUOR AUTHORITY for the Tstabtishnicut Identified - in Notice. !f'aue2ot2J IN ORDER TO MAKE SURE - UiAT PAGES I AND 2 OF YOUR NOTIM ARIA NOT SEPARATED OR MISPLACED, 1 PLEASE RG- ENTER IMMEDIATELY BELOW THE; HE; INFORMATION REGARDING YOUR APPLICATION SERIAL. NUMI3ER, NAM r-, AND TRADE NANIU, 1 YOUR COURTESIES ARE APPIRVCIA'I•ED is. ApplicahcuSrfiatNumber: Tile Aualicicnt's Trull Name. as it will .tppear bl the application )6 " k for the On- Prrttiises Alcoholic Beve €age License, is: � ;- lH �p 17 Tile full Name of the Applicant's I,rOposed liceuscd Eslablis €latent (tile Tiadv Name till" I wbieh the pnbpo�d Licenser[ Establishment cA d1 conduct bus €nesti) rs INFORMATION REGARDING ANY BUSINESS LICENSED TO SELL ALCOHOLIC BEVERAGES THAT IS CURRENTLY BRING OPERATED IN THE SPACE 'WI - 1 ERE TI Li APPLICANT INTCNDSTO OPERATE HIS/ IWRIITS PROPOSED LICENSED L-STABLISHLvl£ti 31. m IF YOU KNOW - -_ - Is a I3nsiness than is licensed to sett alcaltolie heccrages cunrutti' heing c•onduclerl ir NO El t Don't know El the space where Vol, il,ter,d to r pernle your licensed estalAuhmeltt7 Air rata huying any asset(s) owned by the Operator of the licensed htrsi,tess clrrreully being conducted 32. it, tlse space where rou intend to al ;e,:,k: }'our licensed sstablisiuitettt? ES ❑ N - (Pei exaruple: good still, rquipn,cre[. Cur3tilure, nrokAVare, rlisltu'as - c, ere.) IF YOU ANSWERED "YES "TO 1TEM 31 or 32, SKIP ITEMS NO. 33 mid 34. CIO DIREC"t'LY TO ITEMS NO. 35, 36, 37, 38, 39, raid 39. IF YOU ANSWERED "NO ITEMS 31 all([ 32, PLEASI; PROVIDE THE INFORMATION REQUEST 13D HY ITEMS NO. 33 3.1. - �__....._..T.�� IPA BUSINESS L €C:ENSED TO Slil_L ALCOHOLIC BFI VERAGES IS NCIT CURRENTLY BEING OPERATED IN THE SPACE WHERE THE APPLICANT INTENDS To OPERA'T'E I- IIS /IIER /]TS PROPOSED LICENSED EsTAuis€ PLEASE PROVIDE. INFORMATION REGARDING ANY BUSINESS LICENSED TO BELL ALCOHOLIC 13PVERAGES THAT PTAs MOST RECENTLY OPERATED IN THE SPACE , IF YOU KNOW - Was a business that was licensed to sell alcoholic bevetages p€vvviollgl.v conducted 33 ' in the space Whe,r yon i,3te,trl to operate Sour liccused cstahlislunent? Yes ❑ - No ❑ 1 Don't Know ❑ Ate' you buyi any asset(s) owned br the operator of the licensed husiuess that Alas most recently' conducted 3 -L in the share where you intend to operate vour licensed cstablishntcnt? Yes ❑ No ❑ (For example: good will, equipment, ftnt)itutr, c Iovatc, dishware, etc.) IF YOI€ ANSWERED "YES" TO rrEM NO- 31 or 32 or 33 or 34, TIIHN PLEASE ANSWER ITEMS NO. 35 alld 36 acrd 37 and 3S and 39. INFORMATION ABOUT THE OPERATOR OF THE LICENSED BUSINESS CURRENTLY BEING CONDUCTED (OR MOST RECENTLY CONDUCTED) IN THE SPACE WHERE THE APPLICANT INTENDS TO OPERAT I,' HIS /HER /ITS LICENSED ESTABLISHMENT. PLEASE PROVIDE THE FOLLOWING INFORMATION; IF YOU €iNO1V - The Full Name of the Operator of the licensed business ` 35. now bring conducted (or that was most receuth WFIducted) �• t F � � mm I Don't Know in the space whets: you intend to operate your ticeusvd establisInt,cut: _; , ` �' IF YOU €;NOW - Tlse Full Ratite of the licensed Establishment (the Trade Naurc) l 36- naw being Operated (or that was most recel'Qv o€xrated) '1 ' ❑ in th ce e spa w1le,v S'ott i to operate your lice t 1_IOtlt Know used establislrttlen €: �� { ) � € `� IF YOU KNOW - The alcoholic beverage license ser€al uumber of the has €ness 37. now being conducted (or that was mast l'ecently conducted) I Don't Know ❑ a, the. space where you intent] to olmtatte your liceuscd establishutent: IF YOU KNOW - The TYIre of Alcoholic Heveragc License ]sell[ b5' -- - _- - Ito the etuirilt (or utost tecellt) licensed operator: f 4 , )��' •.� I D(10 Know ❑ IF YOU $;NOW - 'Telephone Number of t €le curteut licensed o tetiuor N �J or tale autos€ lecett licel €sect operator: € _ _- 1 Don't Know ❑ If the Original Application is approved, I alts the Person who will hold the License or I alit a Principal of the Legal Entitv that will hold the License. Representations in this form are in full co,>formit s }- with repreentat €o ns made in documents that have been submitted tt1. (or documents that will be submitted) to the State Liquor Atlthoriti•, and relied upon by the Authority. I understand that representations made in this form will be also relied upon by the Authorit - v, and that False representations in any document submitted to the Authority mad' result in revocation of ane license that tray be, issued. qx Till= signature, I affirm -- under Penalty of Perji xq - that the representations made in this farm are true. fit ,nt 3lnsse Yiile Signature C 00r Im Appointment Common Council 1 transmit herewith appointment to the position of Legislative Aide. Mr. Fontana moved the approval of the appointment to the position of Legislative Aide. ADOPTED �i #4 (Rev 7 -07) Certificate t In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I trans €nit this certification of appointtnent(s) or protttotio €t(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hu €rran Resources/Civil Service for the Appointment Effective: 09/20/2010 in the Department of COMMON COUNCIL Division of to the Position of SOUTH DISTRICT LEGISLATIVE AIDE Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) U4GLA SSIFIED Open-Competitive, Promotional, Non - Competitive, Exempt (insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 36,106 LAST JOB TITLE ASST. LEG. AIDE 11 NAME RUSSELL WEAVER LAST DEPARTMENT COMMON COUNCIL DATE 09 12010 ADDRESS 36 TAFT PLACE LAST SALARY 31,397 CITY & ,SIP BUFFALO, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -0676 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 10112001-411001 TITLE CODE NO 2690 BUDGET ACCT. OBJ. PROD. ID PERSONNEL REQ. NO 5087 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GERALD CHWALINSKI TITLE OF APPOINTING. AUTHORITY: CITY CLERK DATE: SEPT 17, 2010 t SIGNATURE OF APPOINTING AUTHORITY' �. ORIGINAL -r 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) *A *NO* FONT. F rp GOLOMBEK _ HAYNES LOO TO SAUM aj- 5- 6 � 3/4- 7 000 S MRS Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. October 5, 2010 #4 (Rev 7 -07) In compliance with provisions of Section 24 - of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certifteation of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 09/2012010 in the Department of COMMON COUNCIL Division of FILLMORE DISTRICT to the Position of INTERN VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) LINCL A SIFWD Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE NAME COLLEEN MULV►ANEY LAST DEPARTMENT DATE ADDRESS 75 COOL.IDGE RD LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -8931 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1 01 020 01 - 41 20 02 TITLE CODE NO 1775 BUDGET ACCT. OBJ. PROD. ID PERSONNEL REQ. NO 5105 SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GERALD CHWAL.INSKI TITLE OF APPOINTING. AUTHORITY: CITY CLERK DATE: SE 17, 2010 SIGNATURE OF APPOINTING AUTHORITY: � , ,�' , ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE} OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEElS) 00039 V9 No. Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth. Opportunities and Employments Programs. RECEIVED AND FILED. i" I'< October 5, 2010 93 (Rev 1-02) Certificate i III complia €rce. with provisions of Section 24 -2 of the Cha €ler and Chapter 35 -1 of the Ordinances of the City of 11LIffi€Io, 1 1 € €nil INS cetlificatintt of aplxii €t1177€1*S) Or pronrotion(s). I further ce €lily that the peason(s) ttatlrccl in Schedule "A" have been certified or approved by the I luman ItesourcesXivil Set for the Appointment Effective: August 12, 2010 in the Department of Mayors Executive Division of Citizen Services to the Position of Intern IX Permanent, Provisional, Temporary, Seasonal (insert one) Ea te r,` Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) PLAT (Enter Starting Salary) : Starting Salary of $11.87 LAST JOB TITLE* Intern 11 NAME William C. Donovan LAST DEPARTMENT A711 DATE 6/29110 ADDRESS 239 Easton Avenue LAST SALARY $7.25 CITY &,SIP 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10319009 TITLE CODE NO BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ, NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Byron W. Brown TITLE OF APPOINTING. AUTHORITY: Mayor DATE: A4qust 12, 2010 SIGNATURE OF APPOINTING AUTHORITY: - ORIGINAL + 3 COPIES TO: ITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET W DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) 000/1. Notices of Appointments -- Seasonal/ Flat I transmit herewith certificates received by one reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. is October 5, 2010 #3 (Rev 1 -02) "IMMIA f 4 n In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule' A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: September 30, 2010 in the Department of Audit and Control Division of Comptroller to the Position of Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM ,{Enter Starting Salary) : Starting Salary of $11.87 Per Hour LAST JOB TITLE Account Clerk Typist NAME Joeylynn Wysocki LAST DEPARTMENT Audit and Control DATE 4107/2010 ADDRESS 244 James Street LAST SALARY $30,829 CITY & ZIP Buffalo, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -0459 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10441001 TITLE CODE NO 001.1 BUDGET ACCT. 0BJ. 411001 PROD. ID PERSONNEL REQ. NO 5109 SALARY RANGE OF POSITION $11.87 Per Hour PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Andrew A. SanFilippo TITLE OF APPOINTING, AUTHORITY: Comptroller DATE: "tember 29, 201 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES_ TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE. #7- BUDGET #t3- DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) C /` No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. October S, 2010 POSITION ALLOCATION MAINTENANCE FORM I Title Civilian Scho01 Crossing Guard Department/Division Police Original PR No. 2006106 Title Code No. 2010 Salary $9.90 ner hour Budget Function No. 12024001 - 411001 Reason for appointment (check one) Status Change ® Reinstatement ® Replacement ❑ Extension Type of Status Change (check one) ® From Temporary to Provisional ® From Temporary to Permanent ❑ From Provisional to Permanent ® From Contingent Permanent to Permanent ® Other (From Permanent to Temporary) Tine of Annointment: ® Permanent ® Contingent Permanent ® Provisional ® Temporary ❑ Seasonal Comments: Due to changes to the 2010111 budgt, Emplo Information: I Name Kelly Parker Address 101 Carlyle Avenue City I Buffalo Signature of Appointing Authority I I Signature of Director of Budget Signature of Adm. Director of Civil Service Classification ® Exempt ® Competitive N Non - Competitive SS# DOB State NY ] Zip Code i 14220 If. , Date Date /_ *Approval Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget *Applicant appointed on or after this date POSITION ALLOCATION MAINTENANCE FORM Title Civilian School Crossin Guar€l DepartmentlDivision Police c T : _ Original PR No. 2008-29 Tine Code No. 2010 Salary $9.90 per hour _ Budget Function No. I2024001- 411001 Reason for appointment (Check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ uxt`usion Type of Status Change (check one) ❑ From Temporary to Provisional ® From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other (From Permanent to Temporary) Tvne of ADDointment: ® Permanent ® Contingent Permanent ❑ ProvisionaI ❑ Temporary ❑ Seasonal Comments: Due to changes to the 20101.11 bud eft E- mplo vee Information; Narno Rita M. Krysztofowicz s Addres l I0 Pomona Place City Buffalo Signature of Appointing Authority Signature of Director of Budget Signature of Adm. et Civil Service Classification ❑ Exempt ® Competitive ® Non - Competitive I SS# I DOB 0 State NY 1 Zip Code 14210 Date Date ?131 *Approval Date Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget *Applicant appointed on or after this date POSITION ALLOCATION MAINTENANCE FORM 1 Title Civilian School Crossing; Guard Department/Division Police � � � � Start Date Original PR No. Title Code No. Salary 95 -109 2010 $9.90 per hour, S_ k Budget Function No. 1 Reasons for appointment (check one) ® Status Change 0 Reinstatement E] Replacement ® Extension Type of Status Change (check one) Ej From Temporary to Provisional ® From Temporary to Permanent ® From Provisional to Permanent ® From Contingent Permanent to P ermanent [l Other Tvpe of Appointment: Permanent ® Contingent Permanent ® Provisional ® Temporary ® Seasonal Comments: Classification, ® Exempt Competitive Z Non - Competitive Employee n formatlap: Name I GINA TOMASELLI- BERNANDEZ SS# Address 533 ASHLAND AVENUE DOB City I BUFFALO_ ; State NY Zip Cade f _. - �.... -•— " �. ---- �-�.. ...•-�..� �. _.... / / Signature of Appointing Authority Date Signature of Director of Budget Date I ( / Signature of Adm. Director of Civil Service Date A1W 14222 Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form e P43SMON A T.,OCA'TI ®N i .. ENCE ORM tle Civllianh ®B CF" Ld l�epattmtent�ie�ision Paliee 11 4 0 Original PR N o. 20M -29 Tide Code No. ZO t =� r � SEP 9,J 15,3B 55SKai Salary jper hour Budget Function No. 1Z 4QiD�m41�QQ1 Reason for appointment (check one Type of Status Change (check one) ® l'AManent ® Contingent Permanent ® Provisional ® T'empormy ® Seasonal ® States Change ® Reinstatement [I Replacement ® Extension From Temporary to Provisional From Temporary to Permanent ® From Provisional to p'emanent ® From Contingent Permanent to Permanent ® Other (From Permanent to Temporary) Exempt ® Competitive ® Non - Competitive Comments; Due to. came. to the 2fl�Qfl1 � t Employee Inforlmation: . . d ss 454 W yoming Avenue � City Buffalo . . .. _. _. � state N°�' . _._. ( dip Code _ Signature ofhppointmp ,�uthonty � mate Si natur of Director of Bud6t bate a Sigaatde ofAdm. Di(ecti of Civil Service pproval date Send original copy signed by Dept, Head to Budget Send or e-mail Civil Service a.copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget *Applicant appointed on or ifter this date In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the I4uman Resources /Civil Service for the Appointment Effective: f -- - - - in the Department of Public Works Division of Streets to the Position of Heavy Equipment Operator Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP Enter Starting Salary) : Starting Salary of $35,909 LAST JOB TITLE Equipment Operator NAME John Baker LAST DEPARTMENT DPW DATE 9110 ADDRESS 115 Clayton St. LAST SALARY 35,651 CITY & zip Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX -0791 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 5041 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009-002 SALARY RANGE OF POSITION $241,212 «$40,353 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepnialk TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 913110 _ SIGNATURE OF APPOINTING AUTHORITY: 4n ORIGINAL ¢ 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #ti- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10-EMPLOYEE(S) NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS October 5, 2010 Li r C Buffalo Medical Campus Bon aro Sus, Inc. FOR IMMEDIATE RELEASE: Tuesday, September 14, 2010 �. t s . YOUTH ARTWORK AND PHOTOGRAPHY ON DDSPLAY Join us for an unveiling and celebration of the community- developed shared vision of the Healthy Kids, Healthy Communities (HKHC) initiatl�e for those who live, work, and play in the city of Buffalo. The event includes announcement of the vision, brief remarks by local stakeholders, voting on the HKHC logq (designed by youth participants), and tables displaying different opportunities and programs that support youth, healthy eating and active living. Artwork and photography from the youth participants will be on display throughout the event and the reception. This event is free and open to all members of the community. HKHC is a local community partnership focused on improv opportunities for physical activity and access to affordable healthy foods for children and families through policy and environmental change in the city of Buffalo. Buffalo was one of 41 sites selected by the Robert Wood Johnson Foundation for this national program. The initial grant award of $360,000 has already leveraged in -kind resources from its partners to bring the initiative total tap to nearly $700,000. WHO; People who live, work, study, and play in the city of Buffalo, including youth and adult residents, students, public and private sector employees, public officials, and stakeholders of Buffalo WHAT: Announcement and reception of the community-developed shared vision for the Healthy Kids, Healthy Communities initiative, a program of the Robert Wood Johnson Foundation, and display of artwork and photography by youth participants WHEN: Tuesday, September 28, 2010 from 5:00 ® 7:00 p.m. WHERE: Buffalo Niagara Medical Campus, Zebro Conference Center in Roswell park's Center for Genetics & Pharmacology (on Virginia Street between Elm and Ellicott). 'here Is plenty of free bicycle and car parking. The meetings can easily be accessed by NFTA bus and rail on Route gb (Main /Michigan Street); Route 29 (Wohlers) and the Metrarall Allen /Medical Campus stop. FOR MORE I ATION: C Kari Root Bonaro or Jessie Hersher �i Buffalo's multi- disciplinary partnership includes lead organization the Buffalo Niagara Medical Campus, Inc., as well as the University at Buffalo School of Architecture and Planning, the Massachusetts Avenue Project, the Wellness Institute of Greater Buffalo, and Green Options Buffalo. This partnership previously received RWJF's ;fictive Living by Design grant and the Healthy Eating by Design grant, through which it leveraged an initial $200,000 grant into more than $14M in federal funds for streetscape and infrastructure improvements. For more information, visit www.bnmc.org. i J Jas Uiui 00,; September 28, 2010 Tv rtmumr5i� To Whom It May Concern, I am requesting to the City of Buffalo to purchase a computer that recently was replaced by MIS. The computer I would like to purchase is City ID #4881, Serial #BFXPP -116 at the price of $30.00. Thank You, Larry Goldberg Mail Clerk 851.5518 ON FINANCE. r JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1 502 City Hall BUFFALO, NY 34202 -3318 PHONE: (736) 851 -5116 September 28, 2010 Gerald Chwalinski City Clerk Room 1308 City Hall Buffalo, NY 14202 Dear Gerald, 0G " "I I :- Co uncil City of r • LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATTEL COMMITTEES COMMUNITY DEVELOPMENT LEGISLATION MBEC t WATERFRONT 1 -0yd Please file the attached Buffalo News article by James Heaney titled "Brown skimped when recruiting for key posts ". 1 would like it filed for discussion by the Common Council for the October 5, 2010 meeting. Sincerely, t Joseph Golombek Jr. North District Council Member JG/tj V REFER,RE.-D TO THE COMMITTEE LAT � S n Brown skimped when recruiting for key posts - City of Buffalo a The Buffalo News Page I of 6 i 1 Mayor Byron W. Brown, right, caught flak for hiring Police Commissioner Daniel Derenda after only posting the job on free Internet job boards. Buffalo News file photo .urown skimped when recruiting for key posts Despite a pledge, mayor failed to conduct national searches for commissioners By Published: September 26, 2010, 7:41 AM Updated: September 26, 2010, AM Mayor Byron W. Brown pledged to conduct national job searches to find replacements for the police, fire and economic development commissioners when he fired them in December. The mayor subsequently caught a lot of flak for not going beyond posting the police chiefs job on Internet job boards, and the Common Council nearly rejected Brown's nomination of Daniel Derenda in part to vent its frustration with the lack of effort. http: / /www.buffalonews.com/city/ communities /buffalo /article20l365.ece 9/25/2010 Brown skimped when recruiting for key posts - City of Buffalo - The Buffalo News Page 2 of 6 The Brown administration put even less work into its effort to recruit a fire commissioner and planning and economic development chief, a Buffalo News investigation has found. In fact, it appears the Brown administration didn't conduct job searches at all before filling the two positions, The News found. The Brown administration's response to a Freedom of Information request submitted by The News indicates the city failed to run any advertisements or take other steps to recruit candidates, aside from an internal notice posted by the city's Department of Human Resources for the fire job. What's more, the mayor's appointment calendar for the first seven months of this year, also obtained under the FOI Law, does not list any job interviews for either position. The calendars did, however, list meetings Brown scheduled with job candidates for another half -dozen positions, including crossing guard, camera monitor and fire dispatcher, as well as for a possible promotion in the Police Department for the husband of Barbara Miller -- Williams, a political ally of the mayor who serves as chairwoman of the Erie County Legislature. Her husband did not get the promotion. The byproducts of the non - searches were decisions to hire acting Fire Commissioner Garnell W. Whitfield Jr. as the permanent chief and assistant corporation counsel Brendan R. Mehaffy as executive director of the Office of Strategic Planning. Rather than hire a separate economic development commissioner, as had been originally contemplated, Mehaffy was assigned that task, as well. Whitfield, like Derenda, is a high school graduate who has not earned a college degree, although he is taking classes at Erie Community College. Mehaffy has relevant college degrees, but little policy experience in the planning field and in structuring business deals. "This is not a good way to choose top people," said South Council Member Mickey Kearns, who said the failure to conduct genuine job searches is indicative of an administration that is "treading water." "I think they're living day to day, they're not thinking long term. They're taking the http: / /wvA city/ communities /buffalo /article20l365.ece 912$12010 Brown skimped when recruiting for key posts - City of Buffalo n The Buffalo News Page 3 of 6 first available, qualified person," he said. Brown refused an interview request from The News. "The mayor is confident he has qualified people," said his spokesman, Peter Cutler. Police search panned Brown, during his nearly five years in office, has fired or forced the resignations of several commissioners and high - ranking administrators who were part of his original management team. And, to a growing degree, his administration isn't putting much of an effort into finding replacements, The News found. After winning re-- election to a second term last November in a race against Kearns, the mayor fired Police Commissioner H. McCarthy Gipson, Fire Commissioner Michael S. Lombardo and Economic Development Commissioner Brian Reilly. In an announcement made on New Year's Eve, the mayor pledged to conduct nationwide job searches to fill all three jobs. In the interim, he appointed Whitfield as acting fire chief and Derenda as acting police commissioner. While the Brown administration continues to refuse to discuss most aspects of the search for police chief, its efforts were fairly well documented in the run -up to the Council's confirmation of Derenda in July. Efforts to recruit job candidates were largely limited to posting the position on free Internet want -ad sites and in a few print publications. Administration officials refused to otherwise discuss the recruitment or vetting process, or whether anyone other than Derenda was interviewed for the position. That stonewalling fueled speculation that Brown intended to appoint Derenda from the get -go. Derenda had forged a close relationship with Deputy Mayor Steven M. Casey and was active in Brown's two campaigns for mayor. He provided volunteer security services during Brown's first run and has contributed $2,700 to his campaign since April 20o6. An apparel company his wife owns, in which Derenda is active, has sold the Brown campaign $ x4,430 in clothing and signs over the past five years, most of it in http: l/ www. buffalonews. com/ city /communities /buffalo /article20l 365.ece 9/28/2010 Brown skimped when recruiting for key posts - City of Buffalo - The Buffalo News Page 4 of 6 2009. The Council initially tabled a confirmation vote on Derenda after members raised concerns about his credentials and political independence and objections to the administration's failure to conduct the promised national job search. The Council relented and approved his appointment the following week in a 5-4 vote. Easily confirmed Whitfield, like Derenda, had not held a command position until Brown promoted him to deputy commissioner in 2006. He also has donated to Brown's campaign -- $800 over the past five years em although such contributions are the norm for those holding appointed positions within the Brown administration. The News, in its July iS FOI request, asked for a wide range of documents related to the job search, including copies of employment ads and paperwork that detailed the effort to recruit and vet candidates. The city waited nearly two months to respond and then said the only record that existed was a job posting generated by the Department of Human Resources that was presumably posted on bulletin boards in the Fire Department. That appears to be the extent of the city's recruitment effort. The News also requested a copy of Whitfield's resume, which the administration has refused to provide. Whitfield, in a brief telephone interview, said he graduated from St. Joseph's Collegiate Institute in 1974, which was confirmed by the school's guidance office. Whitfield said he is continuing his studies at ECC. A 26 -year veteran of the department, Whitfield in May was confirmed unanimously by the Council, which did not question the scope of the administration's job search. "It was a relatively uneventful confirmation," said Delaware Council Member Michael LoCurto. Whitfield, 63, earns $108,045 annually. No one recruited http: / /www.buffalonews.com/ city /communities /buffalo /article20] 365.ece 9/28/2010 Brown skimped when recruiting for key posts - City of Buffalo - The Buffalo News Page 5 of 6 Brown took a different tack with the strategic planning job, enlisting the Buffalo Niagara Partnership to assist in what Brown said would be a national job search. ' City Hall's planning and economic development efforts were plagued by problems during Brown's first term. His original team _- Timothy Wanamaker, director of strategic planning, and Richard Tobe, commissioner of economic development and inspections and permits -- didn't last long. Wanamaker, a holdover from the administration of former Mayor Anthony M. Masiello, resigned in March 2008 and Tobe stepped down three months later under pressure from Brown. In their place, Brown hired Brian Reilly, a Western New York native who had worked as a development official in Cleveland and Milwaukee. While he did not take over as director of strategic planning, Reilly assumed responsibility for economic development, and his titles included president of the Buffalo Economic Renaissance Corp., City Hall's primary economic development agency. The News reported in the spring of 2008 on BERC's use of loan and grant money and staff time to help fund and operate One Sunset, a restaurant and bar owned by former basketball star Leonard Stokes. The restaurant closed after one year, leaving behind a trail of bad debt. A subsequent audit by the city comptroller also determined that $66,00o in money and equipment were unaccounted for. A subsequent investigation by The News found that BERC had been lending less money and creating fewer jobs since Brown took office and made $1.3 million in grants to East Side businesses, including barber shops, restaurants and pizzerias that generated little economic spin -off. The News also found that BERC had altered its health insurance coverage after Reilly was hired to enable him to place his live -in girlfriend on his policy. Brown, at the partnership's urging, hired from within in the selection of Mehaffy as director of strategic planning. At the same time, a decision was made to also give him responsibility for economic development. Despite the pledge of a nationwide job search, no effort was made to recruit job candidates, said Paula Sandy, a spokeswoman for the partnership. http : / /www.buffalonews.com/ city / communities /buffalo /ailicle20l 365.ece 9/25/2010 Brown skimped when recruiting for key posts - City of Buffalo - The Buffalo News Page 6 of 6 "We did not do any outreach for that particular position," Sandy said. "Based on our experience with Brendan, our recommendation was to proceed with hiring him." The city, in responding to The News' FOI request, did not produce any documents that showed it made any effort to recruit job candidates, suggesting it relied solely on the partnership. Cutler, the mayor's spokesman, was asked if the administration had any further information to offer on the job searches for the strategic planning or fire jobs that went beyond what was provided in the city's FOI response. Cutler said he had nothing further to offer. Mehaffy, 37, earned an undergraduate degree in economics and a master's degree in urban and regional planning. He's a lawyer, with experience in real estate and zoning law. He went to work for the city as an assistant corporation counsel in March 2008. He has contributed $x,000 to Brown's campaign committee since he went to work for the city. His appointment did not require Council approval. He earns $82,257 annually. LoCurto, the Delaware Council member, lamented the administration's failure to conduct the promised national job searches for fire, police and strategic planning, calling it "problematic." "Unfortunately, we've seen this time and time again, and in some instances it has hurt the city," he said. jheaney@buffnews.com Copyright 1999 - 2010 - The Buffalo News copyright -- protected material. http: / /www.buffalonews.com/ city /communities /buffalo /ailicle20l 365.ece 9/2812010 0001) Eastside Redevelopment Task Force, Inc. � � ' A 313 Fougerou Street HA P, � Buffalo, NY 14211 ��� Darnell Jackson Sr CEO /Community Activist/organizer t Email: darns11Jacksou2l3()9mail.com Cell: (716) 570 -9165 Home: (716) 892 -2290 eastsideredeveloprnentaorg Dear Commissioner, 1 read in the Buffalo News that there is a Shared asset for justice fund set yap in 2007 which has grown upwards in the amount of 186,000 thousand dollars to help Community Organizations like ours to assist in help youths in education, gang and drug prevention, alternatives to the life of streets and violence. i also believe that there has been 2 council - members appointed and at least 2 other that can be appointed by the Mayor, as the Commissioner I believe you will have to call a meeting to discuss where and how the funds can be distributed to C.B.O.'s I 'd like to knew when are you going to call a meeting for the above purposes and what do I have to do to be qualified for some of the funds, as you are aware our organization E.R.T.F.Inc. has been very active in giving our youths alternatives to crime and life on the streets, have built an reputation with the youths and have hired over 53 Youths this summer and last summer and was very successful in doing that. Remember the City Grill shooting as just one example of how I have a real connection with the youth out there. I`m looking for an response from you in the next week or so I can try to keep our program going to help with winter jobs for some of our youths. Thank you very much for taking time to read this letter, hope to hear from you very soon. Community .Activist Darnell Jackson/Founder *1 can be reached at 716 570 ®9165 cc: Council President Council Members Mayor Bflo News R i sin_ I`T r y, ANCE. R Tbe, juttffato C11 =111011 Council M ICHAEL P K EARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 140 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 e FAX: (716) 851 -4294 E -mail: rnkeariis�0-city- bL]ffala.COIII October 1, 20 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, NY 14202 Preliminary Assessment Notices Dear Mr. Chwalinski: CHAIRMAN FINANCE I RA€NSP010 AT ION WATERFRONT DEVELOPMENT CommirrEfs BUDGET BURR CIVi1- SERVICE CLAIMS LEGISLATIVE ASSIS'IANrS MARTHA -ANN MURPHY KEux M, KRUG RUSSELL C. WEAVER Please file the attached document for deliberation by the Common Council at its October 5, 2010 meeting. Sincerely, Michael P. Kearns South District Council Member REFERRED TO THE COW-WITTEE ON F 'For the Peop . 3 f4ll� City of Buffalo Room Department of Assessment & Taxation InterdeparfinentaI Correspondence TO: Councilmember Michael J. LoCurto Councilmember Curtis Haynes, Jr. Councilmember David A. Franczy Councilmember Richard A. Fontana Councilmember Demone A. Smith: Councilmember David A. Rivera Councilmember Joseph Golombek, Jr. Councilmember Michael P. Kearns Councilmember Bonnie E. Russell FROM: Martin F. Kennedy, Commissioner f.K DATE: September 30, 2010 RE: Preliminary Assessment Notices By legislation passed late in 2009 retroactive to January 2, 2008 municipalities are authorized to mail Preliminary Assessment Notices prior to the publication on December 1 st of values on the Tentative Assessment Roll. Due to different tentative and final roll dates from other communities, the City of Buffalo first became subject to this legislation with the 2011 assessment values. These notices are different from the annual notices sent on December 1st in that the values reported in these notice are not available for public review. These letters are a personal notice to the owner of the preliminary value the assessor intends to place on their property for the tentative 2011 roll and gives them the opportunity to privately address their property and the proposed value with the assessor prior to publication of tentative values on December 1 st . On October 1, 2010 the Post Office will commence delivery of 3,713 preliminary assessment notices to the owners of record. A sample of the preliminary notice and the cover letter explaining the process are attached. Owners who disagree with the preliminary assessment on their property may submit a written to the Department of Assessment and Taxation by October 29, 2010 using the forms available in our office, on the departments webpage or from city branches of the Public Library. Information on recent valid residential and commercial sales will also be available at these locations; copies for your use are enclosed. Assessment staff will review all written challenges and property owners will be advised in writing of the decision on December 1, 2010. If after this informal review an owner is still dissatisfied with their assessed value a formal assessment challenge form may be filed with the Board of Assessment Review (OAR) by January 3, 2011. The formal challenge forms and information about the BAR process will be available starting December 1, 2010 in our office, on the department's webpage and at city branches of the Public Library. If you have any questions concerning this process please contact me at 861-5739. Attmt October 1, 2010 03 City of Buffalo, ICY Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, NY 14202 Chief ofstaff 331ies S. Pajak SeotiorLegislativeAssistant IV Kevin M, Under Senior Legislative Assistants dark I Jaskula Witham 13. Licala Ritia A. Paul Melissa sancticz- FC]nandez Richard Wall Legislative Airle Junxsi \.Jackson RE: Olmsted Parks Memo dated September 24, 2010 Peace Bridge Project MOA with Federal Highway Administration Dear Mr. Chwalinski: Please file the attached communication which was provided by the Olmsted Parks Conservancy, with the Common Council for their next regularly scheduled meeting to be conducted October 4, 2010. Thank you for your assistance in this matter. Sincerely, J ES S. PAJAK Common Council Chief of Staff REFERRE.-T) TO, THE' COMMITTEE ON 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 BOARD OF TRUSTEES Anne Harding Joyce, Chair FlureuceJohnson, Vice Chair Gary L. Mucci, Vice Chair Joseph Jerry Casttglia, Treasurer Kevin Kelly, Secretary Karen Arrison Jayne Attardo Jeffrey L_ Barbeau Joan Bozer, Eriteri111S David J. Culligan Richard C. Cummings Clarke E. Eaton, Jr. Susan J. Elkin Dorothy Ferguson & Jay Ferrar€ Philip C. Kadet Robert J. Kresse Mark V. Mistretta, Enrerilus Alan Pawlowski Corinne Rice, £nierilus Victor A. Rice Alan• Lawler Ross William R Rupp Andrea Schillaci Herbert AI. Siegel Mary Simpson Gretchen Toles, Enrerilus Edward F. Walsh, Jr. Heidi Welsby Deborah Lynn Williams James Hornung, Ez- Officio Steven Stepniak, Fr- officio Thomas Herrera- Mislder, CPC) Baffala's Olmsted System Parks Cazenovia Delaware Front Matt€n Luther King, Jr. Riverside South BUFFALO OLIVES 1 ED PARKS CONSEIZVANCY roirtrrrtin }arks c= people September 24, 2010 James Pajak Chief of Staff, Office of Common Council 1412 City Hall Buffalo, New York 14202 Dear Mr. Pajak: The Buffalo Olmsted Parks Conservancy received an MOA from the Federal Highway Administration regarding the Peace Bridge Project in June, 2010. After careful consideration, the Conservancy decided that it was against the best interests of the Parks for us to sign this MOA in the form in which it was presented. in our efforts to continue to be a constructive party to the current public involvement phase of this vital local project we asked our attorneys, Foley Hoag LLP, to prepare the enclosed letter articulating in detail why we objected to signing the MOA and what mitigations must be included in the MOA for our Board of Trustees to approve our becoming a signatory. We apologize for the very technical manner of this letter. We are making every effort to communicate precisely our position so that no delays will be occasioned by a misunderstanding that could easily be avoided by clear and concise, albeit technical, feedback to the lead agencies. Parkways Please let us know if you have any questions. Bidwell Chapin Sincerely, l #ncoln McKinley _ -- ' Porter Red jacket Richmond �) r Circirs r i Agassiz Anne Harding Joyce, Chair Colonial Ferry Buffalo Olmsted Parks Conservancy Gates McClellan McKinley soldiers Symphony Parkside 1-Ml;e ',,4 I'arkside Avemic t)uffilc), NY 14214 1)(716)835- 124t1 j (716))'35- -13(l0 % ir\ xs \'- b €itYiloolin.tccipiii,`z.oi• [ a m September 23, 2014 Daniel P. Hitt, RLA Department of Transportation State of New York Major Projects Office 50 Wolf Road Albany, NY 12232 Seaport Wand Ttade Cenler West 155 seaport Boulevard Boston, RA 62210 617 8321606 main 617 832 7666 Fax Douglas R. McGwmh dmcganh&A;y€".cDm Robert Davies Upstate'District Operations Team leader Federal Highway Administration 1200 New Jersey Avenue Washington, DC 24590 Re: Peace Bridge Project 1 Front Park; Section 4(f) Compliance Dear Mr. Hitt and Mr. Davies: On behalf of the Buffalo Olmsted Parks Conservancy (the "Conservancy "), I am writing to outline a number of concerns with the recently issued Section 106 Memorandum of Agreement ( "MOA ") on the Peace Bridge project ( "the Project "), particularly as the MOA relates to the Conservancy's concerns regarding the relationship between the MOA and the expected forthcoming Final Environmental Impact Statement ( "FEIS "), As you are aware, the Conservancy has, since the inception of the Project, commented formally and extensively on the proposed design of the Project, as well as on the adverse and unmitigated impacts that the Project — as proposed — would have on Frederick Law Olmsted's Front Park and the historic resources in the Front Park vicinity. On multiple occasions over the past three years, the Conservancy has expressed its particular concern as to the adequacy of the proposed mitigation measures for both milnimWng the impact of the ramp design scheme on Front Park, and ensuring the restoration of Front Park following the removal of Baird Drive. The Conservancy has long maintained that there are feasible and prudent alternatives to the current Ramp B scheme, and has observed that FHWA is legally required to consider such alternatives pursuant to Section 4(f) of the Department of Transportation Act (49 U.S.C. § 1653) and its associated regulations (23 C.F.R. § 774 et seq.). 1. SECTION 106 REvIEW The Conservancy appreciates the efforts of the FHWA to work with interested parties to develop a design for the Project that meets the requirements of the FHWA while adequately responding to community concerns. The Conservancy was pleased to note in F'HWA's June 17, 2010 cover letter to the MCA that "FHWA, in coordination with PBA and NYSDOT, is currently exploring design modifications and refinements to further minimize A'T'TORNEYS AT LAW BOSTON I WASHINGTON I EMERGING ENTERPRISE CENTER I FOIEYHOAG.COM ATTORNEYS AT LAW BOSTON I WASHINGTON I EMERGING ENTERPRISE CENTER I FOLEYHOAG.COM 1 1J 133786992,7 Page 2 L cI- g � �; effects on historic properties, includine votential modifications to relocate Ramp B under I 190" (emphasis supplied). The Conservancy was further encouraged to note that FHWA stated that, as to these potential modifications to Ramp B, "No decision has been made at this time" (emphasis supplied), but that "[i]n the event of future modifications to the Project scope, all design changes will be disclosed if and when such changes are made and FHWA, in coordination with the SHPO, ACHP, PBA, and NYSDOT, will determine appropriate steps in compliance with Section 106." Nevertheless, the Conservancy — although a consulting party in the Section 106 process — declined to sign the MOA, since the Conservancy found the careful and limited scope articulated by the MOA cover letter to be inconsistent with the sweeping and overly broad language of the MOA itself. FHWA's unambiguous statement that "no decision" has yet been made on potential modifications to the Ramp B scheme concedes that a final decision — either adopting or rejecting such modifications — has yet to issue from FHWA. The Conservancy thus found it troubling to discover that the June 17, 2010 MOA, far from reflecting the limited scope professed by its accompanying cover letter, is drafted as constituting the final MOA on the Project, pertaining to all historic properties within the APE ( "NOW, THEREFORE, the FHWA, AC1gP, SHPO, PBA, and NYSDOT agree that the Project shall be implemented in accordance with the following stipulations in order to take into account the effect of the project on his_ toric properties," MM at 4 (emphasis supplied)). Despite the express concession that Front Park is a "historic property] within the APE" ( at 2), however, the MOA itself conspicuously avoids any mention of any proposed actions or efforts of FHWA to mitigate the inevitable impacts of the Project on Front Park, including the physical historic restoration of Front Park itself following the removal of Baird Drive. While the Conservancy acknowledges that the FHWA's May 12, 2009 Adverse Effect Determination states that "the historic integrity of Front Park is not adversely affected under Section 106 by proposed changes to the urban residential setting," the Conservancy continues to strenuously disagree with this conclusion (See Letter of the Conservancv to Robert M. Davies and Daniel P. Mitt, June 19, 2009), and continues to expect that FHWA will engage in futther Section 106 consultation with all consulting parties to support its final decision on the ramp design (whatever that final decision may be) as well as its final decision concerning mitigation measures pertaining to the removal of Baird Drive. The Conservancy also concurs with the August ]'1, 2010 letter of the National Trust for Historic Preservation, which observes that the MOA was both promulgated without regard for the consultation requirements of Section 106, and fails to reflect any requisite effort on the part of FHWA to avoid or minimize adverse effects on historic properties and neighborhoods, or adequately identify the elements of the Project that will harm historic properties and neighborhoods. 83786192.7 Page 3 If. SECTION 4(F) REVIEW In light of the failure of the Section 106 MOA to address key issues pertaining to the impact of the Project on Front Park, the Conservancy is greatly concerned that the FHWA intends to utilize the June 17, 2010 MOA as its conclusive findings for purposes of Section 4(f) review in the forthcoming FEIS. Moreover, the MOA only heightened the Conservancy's concerns about the approach that FHWA intends to adopt in its Section 4(f) review, particularly in light of FHWA's previous stated intent to make a finding that the Project's Section 4(f) impacts on Front Park were de minimis. While an October 8, 2009 letter from FHWA Senior Attorney lien Dymond to the Conservancy subsequently suggested that such a finding was merely intended be "preliminary," this clarification came only after the Conservancy expressly objected to -the FHWA's intent in this regard. For the reasons articulated below, the Conservancy believes that as a matter of law, the Section 4(f) standards cannot be met by the MOA alone, and that the Section 4(f) impacts of the Project are certainly not "de minimis" by any reasonable measure. The Conservancy believes that significant substantive efforts on the part of FHWA are required before FHWA can issue a legally «sufficient Section 4 (f) review as part of its FEIS on the Project. A. The Legal Standard of Section 4(1) As FHWA is aware, because Front Park is both a site of historic significance and a public park, the mandates of Section 4(f) are clear: FHWA is prohibited from approving any project that requires the use of any "public park" or "historic site" unless "there is no feasible and prudent alternative to the use of such land" and "such program includes all possible planning to minimize harm, to such part. . . or historic site resulting from such use." 23 U.S.C. § 138. Should FHWA fail to address 4(f) issues adequately, FHWA leaves the FEIS open to legal challenge for failure to demonstrate the absence of a feasible and prudent alternative, and failure to demonstrate that the proposal includes all possible planning to minimize the harm and mitigate impacts. Se_ e, e.a.. Citizens to Preserve Overton Park v. Volpe 401 U.S. 442 (1971); Coalition Against a Raised Exnresswav v. Dole, 835 F. 2d 803 (11th Cir. 1988). In order to find an alternative "not prudent" under Section 4(0, FHWA must find that the alternative presents "unique problems" — in other words, that there are "truly unusual factors present," or that the "cost or community disruption" resulting from the proposed alternative would reach "extraordinary magnitudes." Citizens to Preserve Overton Park at 413. Moreover, it is clear that Section 4(f) is significantly more expansive in its substantive requirements than is Section 106, While Section 106 review is limited to adverse impacts on historic properties, Section 4(f} requires mitigation of adverse impacts on public parkland in general, regardless of the historic nature of the specific property itself. FHWA's own guidance (Section 4(f) Policy Paper (2005)) further states that it is "essential" that the Section 4(f) analysis include "the location and design alternatives that would avoid the use altogether or minimize the use and Kann to the 4(f) land, analysis of impacts of avoidance and Section 4(f) use alternatives; and all measures to minimize harm, 93786192.7 Page 5 { have been satisfactorily resolved. Any FEIS issued prior to such resolution would be premature, as a supplemental FEIS would inevitably be required once an affirmative decision regarding Ramp B is been reached. See also North Idaho Community v. U.S. Deot. of Transp., 545 F.3d 1347, 1159 (9th Cir. 2008) ( "[B)ecause the § 4(0 evaluation: cannot occur until after the § 106 identification process. has been completed, the § 106 process necessarily must be complete by the time the ROD is issued. "). C. Substantive Issues Relating to Section 4(f) and Front Park As a substantive matter, FHWA has failed to date to demonstrate that there is "no feasible and prudent alternative" to its preferred Ramp B option, or that its preferred proposals for Ramp B minimize the harm to Front Park to the extent required under Section 4(f). First, there has been no serious consideration by FHWA to this point as to alternative locations for the Project entirely, or an explication of the reasons for why the Project is required to be of the size and scope currently proposed, "[A]n agency may not define the objectives of its actions in terms so unreasonably narrow that only one alternative from among the environmentally benign ones in the agency's power would accomplish the goals of the agency's action, and the EIS would become a foreordained formality." Citizens Against Burlington, Inc. v, Busev. 938 F.2d 190, 196 (D.C. Cir. 1993). Nor is this an instance in which the alternative proposed by the Conservancy — depressing Ramp B "does not effectuate the project's purposes" and is thus, "by definition, unreasonable, and need not be evaluated in detail under 4(f)." City of Bridgeton v. Federal Aviation Administration, 212 F.3d 448,461 (8th Cir. 2000). To.the contrary, the alternative ramp scheme supported by the Conservancy and other groups is eminently reasonable: it would clearly effectuate the overall purposes of the Project to improve traffic efficiency relating to egress from the Peace Bridge, yet would simultaneously avoid creating a substantial detriment to Front Park and its users. Second, harm minimization requires FHWA to consider alternatives that result in a "less or less- drastic use of a Section 4(f) resource." Merritt Parkway Conservancy v. Mineta 424 F. Supp. 2d 396, 417 (D. Conn. 2005). See Druid Hills Civic Assn, Inc. Y. Federal Highway Admin.. 772 F.2d 700, 716 (11 th Cir. 1985) ( "Relocation of the highway through another portion of the section 4 (f) area or through other section 4(f) properties must be considered as a means of minimizing harm. "); Concerned Citizens Alliance. Inc. v. Slater 176 F.3d 685, 694 (3d Cir. 1999) (same); Policy Paper at 7 ( "Minimization of harm entails both alternative design modifications that lessen the impact on 4(f) resources and mitigation measures that compensate for residual impacts. ") (emphasis supplied), Indeed, as the courts have held, "[i]n other words, whatever farm cannot be avoided by choosing between construction alternatives should be mitigated by design choices within the chosen construction option." Merritt Parkway Conservancy, 424 F. Supp. 2d at 417 (emphasis supplied). Unless the forthcoming Section 4(f) review provides evidence that serious, substantive efforts have been made to develop such harm mitigation with respect to the impact that Ramp B will have on Front Park the Conservancy believes that the FEIS will be insufficient as a matter of law. 83788192.7 Page 6` The Conservancy would further note that the Peace Bridge Expansion Project's Technical Memo of April 10, 2009 simply does not rise to the requisite level of effort in this regard. As the FHWA's own guidance makes clear, "findings of `no feasible and prudent alternatives' and `all possible planning to minimize harm' must be well documented and supported." Policy Paper at 2. Under this standard, the Technical Memo is entirely inadequate, as it summarily concludes that depressing Ramp B is not a viable option because doing so would create temporary traffic detours during construction, involve "complexity" in its construction, and require extensive coordination with "various agencies." The Conservancy need not remind FHWA that compliance with Section 4(f) requires considerably more justification than articulating a desire to both maximize construction efficiency and minimize the need to coordinate with other relevant parties, Finally, to the extent that FHWA may believe that the option to depress Ramp B treed not be considered under Section 4(0 due to financial cost, the Conservancy observes that such an finding would be contrary to the existing law, The Supreme Court has held that FHWA may find are alternative "not prudent" under Section 4(f) only in circumstances when "truly unusual factors fare] present," including where the "cost or community disruption" resulting from the proposed alternative would reach "extraordinary magnitudes." Citizens to Preserve Overton Park, at 413. FHWA's own guidance states that "the cost of mitigation should be a reasonable public expenditure in light of the severity of the impact on the 4(f) resource," Policy Pater at 8. The Peace Bridge Expansion Project's Technical Memo of April 10, 2009 concluded that the cost of locating Ramp B over 1 -190 (FHWA's preferred option) to be $10 million, and the cost of depressing Ramp B to be $30.8 million, -a net increase of $20.8 million.. Further, Ston H -3 A.ss'n v. Dole 740 F.2d 1442 (D. Haw. 1984) clearly indicates that such a cost differential is immaterial for Section 4(f) purposes, In Stop H -3, the court found that "the increased cost of $42 million . , . is not a cost of extraordinary magnitude, especially in light of the projected total cost of H -3, $386 million." Ld. at 1452 (emphasis supplied), In other words, an alternative that increased overall project costs approximately_ 11 % was deemed reasonable within the meaning of Section 4(f). By contrast, the Peace Bridge Expansion Project has an overall estimated cost of between $750 million and $1 billion, meaning that an increase of $20.8 million in project costs would constitute at most — only a 2.7% increase overall, Such a minor increase simply cannot constitute a "cost of extraordinary magnitude" as that term has been interpreted by the courts. In light of the existing case law and Peace Bridge's own cost estimates of the Ramp B alternative, the Conservancy trusts that FHWA will not claim in its Section 4(f) review that the option of depressing Ramp B constitutes: a "cost of extraordinary magnitude" that removes this alternative from the ambit of Section 4(f). 111. CONCLUSION in Coalition Against a Raised Expressway, Inc. - v. Dole 835 F.2d 803, 811 (11th Cir. 1988), the Court elegantly articulated the importance of Section 4(f) in a factual context exceptionally similar to that of Front Park: 93788192.7 Page 7 While the elimination of the view, the increase in noise and air pollution, and the close location of the highway may not individually constitute a use; cumulatively they significantly impair the utility of the properties, We understand the government's argument that downtown Mobile is not an unsullied area; however, a freeway raised seventeen feet in the air and adjacent to these protected properties would inevitably have a further adverse impact on the sites. Unlike many other environmental statutes, Section 4(o "imposes a substantive mandate on the Administration." Citv of Alexandria v, Slater, 198 F. 3d 862, 871 (D.C. Cir. 1999), The Conservancy expects that the Section 4(f) review contained in the forthcoming FEIS will, in both procedure and substance, meet the "stringent mandates" required by law. See Davis v. Mineta 302 F,3d 1 104, 1121 (10th Cir. 2002); Save Our Heritage, Inc. v. Federal Aviation Administration. 269 F.3d 49,59 (1st Cir. 2001) ("Section 4(f) ... is even more stringent [Haan NEPA and NHPA] where it applies. ") The Conservancy looks forward to working with FHWA and NYSDOT to develop a mutually satisfactory resolution to the Section 4(f) issues concerning both Ramp B and the restoration of the parkland occupied by Baird Drive, and would welcome the Opportunity to discuss this matter further at your convenience. Sincerely, D Nas. McGarrah Cc: Thomas Herrera- Mishler, CEO, Buffalo Olmsted Parks Conservancy Anne Joyce, Chair, Buffalo Olmsted Parks Conservancy Jeffrey Kolb, Division Administrator, Federal Highway Administration Ruth Pierpont, New Fork State Office of Parks, Recreation and Historic Preservation Mary Ann Naber, Federal Preservation Officer, FHWA Reid Nelson, Advisory Council on Historic Preservation Carol Legard, Advisory Council on Historic Preservation Charlene Vaughn, Advisory Council on Historic Preservation Cleo Jones, New 'York State Department of Transportation Jay Dilorenzo, Preservation League of New York State Tania Werbizky, Preservation League of New York State Elizabeth Merritt, Deputy General Counsel, National Trust for Historic Preservation Mike Smith, National Office, National Trust for Historic Preservation Roberta Lane, Northeast Office, National Trust for Historic Preservation Congressman Brian Higgins, 27" New York District Iris Grestram, Executive Director, National Association of Olmstead Parks E'ft 1F 83786192.7 4; r. It City of Buffalo, NY September 29, 2010 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, NY 14202 f Chef {t( James S. Pajak Selrinr Legislrrth -e Assistrtttt 1V Kevin %:1. Liudu Se nioF Legislative - t ssisrrrnts Marl; J. Jaskula William 13. Liiala Julia A. Patil hluhl sa SauelWA—emander 12idla €d Wall Legislative : tide James N. Jackson RE: The Department of Public Works REQUEST FOR PROPOSALS TO PROVIDE RECYCLABLE MATERIAL COLLECTION AND /OR PROCESSING Dear Mr. Chwalinski: Common Council Member Michael Kearns has requested that the attached document which was provided by the Department of Public Works, be filed with the Common Council for their next regularly scheduled meeting. Thank you for your assistance in this matter. Sincerely, J � l ;.JAMES S. PA` AK C ommon Council Chief of Staff REPEPRED TO THE COMMITTEE ON FINANCE, 65 Niagara Square - Roorn 1413 Buffalo, New York 142 02 -3318 Phone; (716) 851 -5105 Fax: (716) 851 -4234 CITY OF BUFFALO Division of Sanitation Department of Pudic Works, Parks & Streets CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS PARIS AND STREETS FINAL REQUEST FOR PROPOSALS TO PROVIDE RECYCLABLE MATERIAL COLLECTION AND /OR PROCESSING Byron W. Brown Mayor Steven J. Stepniak Commissioner of Public Works, Parks & Streets ON September 30, 2010 CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS PARKS AND STREETS DRAFT REQUEST FOR PROPOSALS TO PROVIDE RECYCLABLE MATERIAL COLLECTION AND /OR PROCESSING Notice to Proposers The City of Buffalo (the "City ") has issued a Draft Request for Proposals (DRFP) and solicited draft proposal comments from companies ( "respondents ") for the COLLECTION AND PROCESSING of single stream recyclables from within the City of Buffalo. The final RFP is to be released approximately 70 days after the issuance of the Draft RFP. Copies of the Final RFP will located in Buffalo City Hall, room 612, or Contractors may request an electronic copy by emailing Andrew Goldstein at a2oldstein(oDcity- buffalo.com. A five -year service period is being sought, with the potential for extension of the contract(s) for an additional five year period, upon mutual consent. Proposers must identify sufficient equipment and facilities to collect haul and/or process up to 16,000 tons of material. In accordance with New York State General Municipal Law 120 -w, it is the intention of the City to enter into negotiations for an agreement with the contractor whose proposal, in the judgment of the City, best serves the City's needs considering net costs to the City, technical feasibility and reliability, financial condition, resources, risk allocation, and experience in similar recycling operations. The City reserves the right to reject all proposals. There will be no associated charge to receive the Final RFP. Upon the Contractors receipt of this RFP, please acknowledge its receipt via facsimile no later than February 1, 2010 using the Request for Proposals Acknowledgement Form located on the last page of the RFP. Complete the form in its entirety advising the City of your firms intention to submit or not submit a Proposal and the name, address, telephone number, facsimile number and e -mail address of your primary and secondary contact person. The completed and signed form should be faxed to 716- 851 -5554 Attention: Andrew Goldstein. Proposals will require responses on all general inquiries, every option and on all inquires in each option. A response of N/A or "No Bid" will be allowed. The Contractor must supply an acceptable Bid Bond of $200,000 with the firm's proposals, with the condition that if the proposal is accepted, the successful bidder will enter into a contract for the processing of recyclables, and that he will execute an agreement with the City within fifteen (15) days from the date of acceptance of the proposal, as specified in the proposal conditions. Dated: 10 /_ /09 Published: 10/ /09 September 30, 2010 3 September 30, 2010 TABLE OF CONTENTS SECTION PAGE NO. INSTRUCTIONS TO PROPOSERS 6 Definitions 6 Project Background 8 -9 Proposal Schedule 10 -11 Proposal Submittal Requirements Project Benefit Information 12 Technical Information 12 Financial Information 13 Qualifications 14 GENERAL PROPOSAL CONDITIONS 15 -19 Evaluation and Selection Process Technical Evaluation 20 Economic Evaluation 20 Company Experience and Reference Evaluation 21 Contractual Agreement /Response Evaluation 21 Negotiations 22 Non Collusion Form 23 SPECIFIC PROPOSAL CONDITIONS Processing of Recyclables 24-28 Weekly Collection of Recyclables with Blue Boxes and Totes 29 -35 Weekly Collection of Recyclables with Totes 36 -42 Bi- Weekly Collection of Recyclables with Totes 43 -49 Combined Processing and Collection of Recyclables 50 ILLUSTRATION I ---- Residential Participation Rates, October 2007 51 ATTACHMENT A — List of Commercial Streets 53 ATTACHMENT B — Sample of Address List of Occupied Parcels 55 ATTACHMENT C — List of Commercial Contracts 56 September 30, 2010 5 ATTACHMENT D — Recyclable Items List ATTACHMENT E — Specifications for 64 Gallon Totes 62 64 ATTACHMENT F — City of Buffalo, Standard General Provisions including EEO 69 Policy and Living Wage Ordinance ATTACHMENT G — Maps of Collection Districts INSTRUCTIONS TO PROPOSERS Definitions The following are definitions of common terms used in this Request for Proposals: "City" shall mean the City of Buffalo, New York 148 "Commercial Streets" are defined as, with recycling to be collected on the attached schedule, see Attachment A "Commercial Contracts" shall mean commercial properties that have receive special MS W collection and billing procedures, that may or may not require collection of recyclables in wheeled totes as per Attachment C "Contractor" shall mean a person or entity party to agreement with the City for services under this RFP "ESTS" shall mean the East Side Transfer Station "Final RFP" shall mean the a formal procurement document, issued in accordance with Section 120 -w of the New York State General Municipal Law for the purpose of soliciting proposals to obtain collection and processing services of recyclable materials "WW" shall mean Municipal Solid Waste as collected by the City's Division of Sanitation "MRF" shall mean Material Recovery Facility duly permitted by the New York State Department of Environmental Conservation (NYS DEC) "Proposal" shall mean a document submitted in response to the Final RFP "Proposer ", "Bidder ", and "respondent" shall mean a person or entity submitting a proposal `Parcel" shall mean a single address or location that may have a single, double or triple residency or a small commercial business that requires a one -stop collection of recyclables "Ton" shall mean 2,000 pounds "RFP" shall mean Request for Proposals September 30, 2010 6 "Tote" shall mean a wheeled container suitable for "semi- automatic" curbside collection of recyclables, and for the purposes of this RFP, a minimum of 64- gallon capacity "Single Stream Recycling" shall mean a system in which all paper fibers and containers such as glass, plastic and aluminum are mixed together in the same tote for collection September 30, 2010 7 Proiect Baekeround City ordinances encourage city residents to place recyclable materials in separate containers as they place their solid waste for curbside pickup on a weekly basis. To date the City's recycling efforts have not proven to be substantially successful. The City is hopeful that a new contract with a simpler approach to recycling will be established and the participation rate of City residents will increase dramatically. The City currently collects recyclable materials weekly. Paper products are collected with co- mingled container products on the same day as solid waste collections. Via the contracts that originate from this RFP, the City wishes to change to a single stream method of collection and processing. The contractor is expected to provide all totes, vehicles and equipment necessary to collect material from the totes. The contractor is expected to transport the collected material to a Material Recovery Facility (MRF) having the capacity and wherewithal to handle single stream processing. The City encourages prospective contractors to incorporate cost saving approaches, and any methods to increase recycling participation, in their proposals. A five -year service period is being sought, with the potential for extension of the contract(s) for an additional five -year period, upon mutual consent. Bidders must identify sufficient equipment and facilities for non - interrupted collection and /or processing of up to 16,000 tons of municipal recyclables. The City collects recycling from approximately 74,200 parcels on approximately 1600 curb - miles of streets. The estimated percentage of residential parcels that are single -unit is 50 %. The parcels from which recyclables will be collected are comprised of single, double, and triple residencies, and small commercial properties that rely on the City's Municipal Solid Waste (MSW) collection, The City's residential population is approximately 275,500. Collection schedule of recyclables will coincide with the City's MSW collection. The City is divided into five districts named after the day in which collection occurs, Monday through Friday. The Districts each contain approximately one -fifth of the total number of occupied parcels within the City. In addition to those Monday trough Friday districts, the City has identified 3,792 parcels located on "Commercial Streets" which will have their own schedule of collection. The City will determine the schedule after consultation with the winning bidder of this RFP. The Commercial Streets district has been significantly expanded over the previous contract. Additionally, and as attached to this RFP, there are Commercial Contracts that are serviced by the City's MSW collection that require weekly collection utilizing either wheeled totes or recycling boxes; the attached list contains the addresses and number of totes. The City has collected recyclables for more than ten (10) years on a city wide basis. A breakdown of the recyclable tonnages collected for the past five (5) years is as follows: 2005 9,279 September 30, 2010 8 2006 8,955 2007 8,471 2008 8,526 2009 8,526 projected The above figures do not represent the actual marketable tonnages since contaminants were included in the totals. September 30, 2010 9 Proposal Schedule The City is undertaking this competitive procurement in compliance with procedures specified in Section 120 -w. The schedule for this solicitation of proposals is included in the Procurement Timeline presented below. The City reserves the right to modify this schedule as necessary. It should be noted that the proposal timeline is tentative and is subject to change, and in part is dependent upon City Legislative review and approval. Pre - Proposal Conference A pre - proposal conference will be held on November &, 2009 at 10:00 am, at the City of Buffalo Department of Public Works, Parks and Streets, 502 City Hall, Buffalo, New York 14202. The purpose of the conference will be to discuss any questions interested parties may have regarding the project and draft RFP. Draft Proposal Due Date The City will receive draft proposal comments at the City of Buffalo Department of Public Works, Parks and Streets, 502 City Hall, Buffalo, New York 14202 until 2:00 p.m. December 23, 2009. Reservation of Right to Change ,Schedule The City shall ultimately determine the timing and sequence of events resulting from this RFP. The City reserves the right to delay the closing date and time for any phase if City staff believe that an extension would be in the best interest of the City. Tentative Procurement Timeline Estimated Date October 23, 2009 Action Draft RFP Notice Published and RFP available November 6, 2009 December 23, 2009 January 4, 2010 February 4, 2010 Pre - proposal Meeting, 10:00 am Draft RFP responses due Final RFP published in accordance with 120 -w. The Final RFP, all comments, and City findings regarding the comments filed with the City Clerk. Last date to submit proposals February 4, 2010 to February 19, 2010 Proposals evaluated. September 30, 2010 10 February 19, 2010 Proposal evaluation completed and selection of contractors) for contract negotiation commencement. February 26, 2010 Complete negotiations and recommend responsible Contractor with most responsive RFP for contract award. March 12, 2010 Make award to selected Contractor. July 1, 2010 Commence contract for collection and processing of recyclable materials If needed, date to be determined If award is made to a Contractor other than the lowest bidder, the City will hold a public hearing If needed, date to be determined If award is made to a contractor other than the lowest bidder, the City will adopt a resolution with the particularized findings regarding the factors upon which the City made the award, and indicating that City requirements are met by the award, and that the award is in the public interest To be determined Notice of the official City action awarding the contract published in accordance with Section 120 -w September 30, 2010 11 Proposal Submittal Requirements Each respondent shall submit information regarding the proposed approach for implementation of the project, in addition to the required information contained in the specific proposal conditions. The approach shall include the following minimum information, which shall be placed in the order listed below: Part A —Project Benefit Information Concept -- Provide a description of the concept for the project. Advantages — Provide a description of the advantages associated with the selected approach. This description should include an analysis of the economic, environmental, job creation/retention, competitiveness benefits, and cost benefits. Costs Savings Approach - Provide a description of the cost savings approaches selected for inclusion in the proposal. Alignment with City Goals and Strategic Plans — The City's goal is to recycle as much of its waste stream as economically possible, thereby reducing its cost for solid waste disposal. This must be done in an environmentally sound manner, with the least possible risk at the lowest possible cost. Provide a description of how the project will support the economic and strategic development plans which have been established by the City. Part B — Technical Information Technical Approach and Schedule — Provide a detailed description of the selected project approach. The technical approach should be built upon the concept described under Part A. Provide a project schedule indicating key dates. As part of this information respondents should supply a list of existing projects, a summary of how they are similar in nature to this project, and associated references that can be contacted and/or visited by the evaluation team during the interview and/or negotiation process. The City is looking for a contractor that will: Increase the quantity and the participation rate of residential recycling. 2. Increase quantity and the participation rate of commercial recycling of entities that are serviced by the City's MSW collection. 3. Increase the materials that are accepted in the City's recycling program. 4. Establish a system that minimizes missed collections and contamination placed by users in recycling containers. 5. Establish a system where the contractor will be able to rectify complaints received by the City regarding missed collection, poor handling of containers, and any other issues that may arise concerning the work performed by the contractor. September 30, 2010 12 Resources to be Provided by the City — Indicate the resources, if any, that the respondent would expect to be provided by the City. Resources should include City staffing along with any other assumptions. Other Technical Issues — Describe other technical issues related to the project. Indicate how a project such as this would compare with other successes. Include a description of how compliance with regulatory agencies will be achieved. Describe any environmental or pollution issues and any associated permitting requirements that would be necessary. Proposal Exceptions — Clearly specify any proposal exceptions. Proposal Forms — Complete all proposal forms required by the Specific Proposal Conditions, including the non- collusion statement. Part C — Financial Information Financial Viability/Funding Sources — Provide a description of your proposed package and identify anticipated costs and total financial investment. Justify the financial viability of the proposed approach. Certified Financial Statements — Provide five years of audited financial statements including balance sheets, cash flow and income statements. Bond and Credit Ratings/References — Provide bond and credit rating information for the respondent. Include a minimum of three bond and credit references. Demonstrated Financial. Performances — Demonstrate the ability to meet contract security requirements by supplying information on previous projects including financial guarantees, letters of credit and payment and/or performance bonds. Affirmative Action — This project will be subject to all applicable laws, directives, and regulations as promulgated by State and Local authorities in the area of Equal Employment Opportunity (EEO). The respondent is required to include in its proposal an Affirmative Action Plan, which incorporates the City's EEO policy. Living Wage — All contractors doing business with the City of Buffalo are required to pay their workforce a living wage in accordance with Section 9619 of the Buffalo Code. See Attachment F Insurance Requirements - Contractors are directed to the General Proposal Conditions for the insurance requirements of this contract. Part D — Ability to Implement the Proposed Project Likelihood of Success — Provide a description of the implementation process for the project and the likelihood for success. Indicate key milestones and potential obstacles. If respondent is submitting a proposal for the processing of recyclables, respondent shall state how increased truck traffic accessing the facility will impact the quality of life in the surrounding community and offer solutions to mitigate, seen and unforeseen, problems. September 30, 2010 13 Part D — Qualifications Organizational Structure, Management and Working History — Provide an organizational chart (with lines of responsibilities and reporting relationships) and supporting text describing the background of the organization (e.g., corporation, partnership, etc.). Include a list of all legal and contractual relationships between and among respondent team members. Provide a description of working history. Experience and Past Performance — Provide a short business history of respondent team members. Describe experience with.provisions of the services requested in this RFP. Include a description of broad capabilities, specific methodologies, innovative practices, and potential cost saving measures. Also cite experience with: Regulatory compliance of local operations Assembly and management of team members required to implement the project ® Identify a minimum of one similar project for which the respondent or one of the respondent team members have been responsible for. Include contact person with address and telephone number Key Project Staff and Ability of Professional Personnel — Provide description of roles and responsibilities of key respondent staff with supporting resumes and work history. Identify primary and secondary contacts that will be responsible for communications with the City. September 30, 2010 14 GENERA.. PROPOSAL CONDITIONS 1. period of Validity All Proposals shall be valid for a period of 90 days from the last date to submit proposals. 2. Rssonses Required All proposers must respond to all specific condition sections, Processing, Collection (all three options) and the Combined Processing and Collection. 3. RFP Point of Contact The City's point of contact for this proposal shall be Andrew Goldstein, City of Buffalo Recycling Coordinator, Room 502 City Hall, 65 Niagara Street, Buffalo, NY 14202. 4. Correspondence All communications concerning this draft RFP must be submitted in writing to the City of Buffalo via e -mail. Email to Andrew Goldstein, Recycling Coordinator, agoldstein@city- buffalo.com <mailto:aizoldstein(a)city- buffalo .cam >. Only written questions submitted via email will be accepted. No response other than written responses distributed by the Purchasing Department or Department of Public Works will be binding upon City of Buffalo. User departments may be called upon for clarification in their area of expertise at the discretion of the Purchasing Department. Questions will be answered in writing and posted on the City of Buffalo website (www.city- buffalo.com <httu: / /www.city- buffalo.com / >) and will also be distributed at the pre - proposal conference. It is the respondent's responsibility to check the City of Buffalo website for any addenda, responses to vendor questions, or other communications, which may be necessary during the solicitation period. (www.city- buffalo.com <httn: / /www.city- buffalo.com >) 5. Bid Bond A bid bond, certified check, bank draft or letter of credit must accompany a proposal under $250,000. If the total dollar amount of the proposal exceeds $250,000, then only a bid bond is acceptable, otherwise, a certified check, bank draft or letter of credit shall be for the amount of $200,000. A bid bond running to the City of Buffalo is to be executed by the bidder as principal and by a duly incorporated company authorized to guarantee performance of the contract, and to do business in the State of New York, as surety, in the penal amount of not less than $200,000.00, conditioned that if the proposal accompanying the bond shall be accepted, the principal named in such bond shall, whenever required, enter into a written contract for the performance of the contract in accordance with conditions as provided in the request for proposal and will furnish the required security for the faithful performance of the contract as specified, and the penal sum of such bid bond, in the amount of one hundred percent (100°/4) shall be and become the minimum amount of the damages suffered by the City as liquidated damages if the bidder whose bid is accepted shall fail to enter into a contract with the City and give security for performance of the contract as required, upon notice. One acceptable bid bond in the amount of $200,00 is required per Proposer and such bid bond is to be applied to any of the bidder's proposals, options, and alternative proposals. September 30, 2010 15 Security accompanying the proposal must be attached to the proposal in a conspicuous manner and not in a separate envelope. Return of Security: Bid Bonds will be returned within forty -eight (48) hours after the City and the accepted bidder have executed the contract, or if no contract has been so awarded within forty -five (45) days after the date of the formal opening of bids, upon demand of the bidder at any time thereafter. 6. Certificate of Non - Collusion An Executed copy of the attached Non- Collusion Certificate, Section 18 Appendix G, must accompany the proposal. By submission of a proposal each bidder, and each person signing on behalf of any bidder, certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (1) The prices in the proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or competitor; (2) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder and will not be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or competitor; (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit a bid for the purpose of restricting competition. 7. Clarification of Ambiguities Any Contractor believing; that there is any ambiguity, inconsistency or error in this RFP shall promptly .notify the City in writing of such apparent discrepancy. Failure to notify will constitute a waiver of claim of ambiguity, inconsistency or error. Any claim under this section must be received by the City no later than seven (7) days before the submission date. 8. City's Rights The City reserves the right to reject any or all proposals or parts of proposals, to accept part or all of proposals on the basis of considerations other than lowest cost and to create a project of lesser or greater expense and reimbursement than described in this Request for Proposal or the Vendor's reply based on the component prices submitted. 9. Interest of Members of City The contractor agrees that no member of the governing body, officer, employee or agent of the City shall have any interest, financial or otherwise, direct or indirect, in the Contract. 10. Contractor Contact Information In order to be included on the RFP holder list and to receive related correspondence, prospective respondents shall provide company name, address, telephone number, fax number and contact person. All future correspondence from the City will be sent to the supplied contact person. It is the responsibility of the respondent to verify all information presented or referenced in the RFP. September 30, 2010 16 11. Information Provided by the City Information included in or provided with this RFP is provided solely for the convenience of potential respondents. No representation of warranty of any kind is made as to the accuracy or completeness of the information included or provided with this RFP. Respondents are solely responsible for conducting such independent due diligence investigations as may be necessary for the proper preparation of proposals. The City is not responsible for the completeness or accuracy of any information distributed or made available, orally or in writing during the procurement process. 12. Cost and Expenses of Offers The City accepts no liability under any circumstances for any cost or expenses incurred by respondents in acquiring, clarifying, or responding to any condition, request, or standard contained in this RFP. 13. Cancellation or Modification of RFP and Rciection of Any and All Proposals The City reserves the right to withdraw this RFP at any time and for any reason and to issue such clarifications, modifications, and/or amendments, as it may deem appropriate. If there is any disagreement or discrepancy between this RFP and any supplemental or amendment, the most recent supplement shall govern. The City reserves the right to waive minor irregularities in proposals, provided that such action is in the best interest of the City. Any such waiver shall not modify any remaining RFP requirements or excuse the respondents from full compliance with the RFP. The City shall accept all proposals that are submitted properly but reserves the right to accept or reject in whole or in part any or all proposals submitted. The City shall reject the proposal of any respondent that is determined to be non - responsive. However, the City reserves the right to request clarification or corrections to proposals. The unreasonable failure of a respondent to promptly supply information in connection with such a request may be grounds for a determination of non - responsiveness. The City reserves, at its sole discretion, the right to determine which respondents are qualified to submit proposals. 14. Ownership and Disclosure Proposals received in response to this RFP will be retained by the City, and under New York State Law, are matters of public record and subject to public inspection except for the time reserved for review by the City. To the extent allowed by applicable laws, the City will not disclose proposal submission until completion of the evaluation process. All proposals (other than portions thereof subject to patent or copyright protection) will become property of the City to the fullest extent permissible under applicable laws upon submission. Regardless of the outcome of this procurement process, the City in accordance with applicable laws, reserves the right to use all information, documents, data, concepts, and other items contained herein, for its own purposes in any manner it elects to do so without further cost to the City. September 30, 2010 17 15. Affirmative Action Statement Contractor agrees to comply with the provisions of all applicable federal, state and City of Buffalo statutes, ordinances and regulations pertaining to civil rights and nondiscrimination including, without limitation, Buffalo City Charter, Chapter 96, incorporated herein by reference. 16. Non - Discrimination The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, sex, national origin, affection preference, disability, age, marital status or status with regard to public assistance or as a disabled veteran or veteran or the Vietnam era. Such prohibition against discrimination shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City, setting forth this nondiscrimination clause. In addition, the Vendor shall, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, ancestry, sex, national origin, affectional preference, disability, age, marital status or status with regard to public assistance or status as disabled veteran or veteran of the Vietnam era, and comply in all other aspects with the requirements the Buffalo Code of Ordinances. 17. Prime Contractor Responsibility All subcontractors will be subject to approval by the City. Prior to contract execution, the successful Contractor will be required to furnish the corporate or company name and the names of the officers and principals of all subcontractors. Notwithstanding any such approval by the City, the successful Contractor shall itself be solely responsible for the performance of all work set forth in any contract resulting from the RFP and for compliance with the price and other terms provided in the contract. The successful Contractor shall cause the appropriate provisions of its proposal and the contract to be inserted in all subcontracts. The City's consent to or approval of any subcontract or subcontractor Proposed by a Contractor shall not create or purport to create any obligation of the City to any such subcontractor, or any form of contractual relationship or relationship of privity between. the City and the subcontractor. Any Contractor who obtains such approval or consent of the City shall be required to insert a clause so providing in all subcontracts. 18. Disclaimer This RFP and the process it describes are proprietary to the City and are for the sole and exclusive benefit of the City. This RFP is not binding on the City. No other party, including any Contractor to this RFP or further Contractor to any RFP that may be issued by the City, is intended to be granted any rights hereunder. Any response to this RFP, including written documents and verbal communication, with the exception of materials marked as trade secrets or confidential, may be subject to public disclosure by the City, or any authorized agent of the City. Any September 30, 2010 18 materials submitted or ideas elicited in response to this RFP shall be the sole and absolute property of the City with the City having title thereto and unrestricted use thereof. 19. Publicity All publicity (including, but not limited to, news releases, news conferences, and commercial advertising) relating to this RFP and/or the services or products sought by this RFP and /or any contract awarded pursuant to this RFP shall require the prior written approval of the City of Buffalo. 20. Vendors Restricted No proposal shall be accepted from or contract awarded to any City employee or official, or any firm in which a City employee or official has a direct or indirect financial interest. No Entity may be the prime contractor or prime Vendor for more than one set of proposals submitted pursuant to this RFP. Entities that are legally related to each other or to a common entity may not submit separate proposals as prime Vendors or prime Vendors. Any proposal may be rejected that, in the City's sole judgment, does not comply with these conditions. Nothing contained in this RFP is intended to preclude a proposal by a system integrator that proposes to perform the substantive work proposed through sub vendors. 21. Coxovrip-ht and Patent Rights The Respondent warrants that there are no existing claims of violation and respondent has no knowledge of any potential claims of violation of copyrights or patent rights in products being proposed in this bid as of the date of bid submittal. The Respondent will indemnify the City of Buffalo in any claim or action brought against the City of Buffalo based upon a claim that the software or hardware provided by the Respondent violated any copyright or patent rights 22. MBEIWBE Plan In Respondent's proposal, Respondent must complete "Form 2A --- Bidders Affirmative Action Statement ", attached hereto, Section 16 AppendixE. The City's policy regarding MBE /WBE goals is: The advertisement inviting bids for the doing of a work or improvement or for the furnishings of materials, supplies, or equipment shall among other things state that the bidder must submit prior to the awarding of a contract, a statement indicating that the bidder will work toward a minority workforce goal of 25 %, and women workforce goal of 5 %. In addition, a statement must be submitted prior to the awarding of a contract indicating that the bidder will work toward a business utilization goal for minority business enterprise of 25% and women business enterprise of 5%. These goals shall be utilized for all purchasing, professional services and construction. 23. Staff Residency The contractor promises to make a meaningful, good - -faith effort, with the assistance of the City or other community organizations designated by the City, to hire qualified individuals who are residents of the City of Buffalo in sufficient numbers so that no less than fifty percent (50 %) of September 30, 2010 19 the contractor's work force allocated to this contract, including any subcontractor work force, measured in labor work hours, is comprised of residents of the City of Buffalo. Required Documentation A. The contractor shall keep and provide to the City, on standardized forms acceptable to the City, an accurate record showing the name, place of residence, hours employed and per diem wages and benefits of each person employed by the contractor and the contractor's subcontractors, on the specific public works project covered by this Chapter, including full -time, part -time, permanent and temporary employees. B. The contractor shall keep and provide to the City on each anniversary of the commencement of this contract, on forms acceptable to the City, an accurate record documenting the contractor's good -faith efforts to comply with the local hiring provisions of this Chapter. Said records shall include: a listing by name and address of all local recruitment sources contacted by the contractor; the date of the local recruitment contact and the identity of the person contacted; the trade and classification and number of hire referrals requested; the number of local hires made as a result of the contact; and the identity and address of the person(s) hired pursuant to the contact. The Contractor shall require all of its employees to be clean, properly attired and courteous at all times; to not use profane language; clean up any spills that may occur as part of their collection duties and do their work as efficiently and quietly as possible. 24. Damage Claims Notification & Resolution. The Contractor shall immediately notify the City of any and all damage claims including spills. Any and all damage claims shall be investigated within eight (S) working hours of notification by the City. The investigation period will begin at the time of notification by the City and will not exceed the same hour of the next business day. The Contractor shall provide the City with a full explanation of the disposition of any complaint involving a Customers claim of damage to public or private property as the result of actions of the Contractor's employees, agents, or subcontractors prior to the Customers next regularly scheduled service day. Damage claims shall be resolved no later than sixty (60) calendar days (or sooner if circumstances present a public health or safety hazard) after submission of a damage claim report to the City. If repairs are unable to be completed within this period, the Contractor shall notify the City in writing prior to the resolution date. The notification shall specify a date when repairs or Services will be completed. If the City, upon an independent investigation, finds that the Contractor has failed to complete the repairs or Services in a timely manner, the City may take any action it deems necessary to make the Customer whole and deduct the same from the Contractor's monthly payment. 25. Indemnity of the City The Contractor shall indemnify and save harmless the City, its officers, employees and volunteers from all claims, suits, actions, damages, losses and costs of every name and description to which the City may be subjected or put by reason of injury to the person or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Contractor, or the joint negligence, active or passive, of the Contractor and the City, his or their employees, agents, or sub - contractors, in the performance under this September 30, 2010 20 Contract, or in the delivery of materials and supplies. The whole, or so such money to become due under this Contract as shall be considered necessary by the City, may be retained by it until all suits or claims for damages shall have been settled or otherwise disposed of and evidence to that effect furnished to the satisfaction of the City. from any liability arising in the performance of this contract. Respondent's obligation under this section shall not extend to any liability caused by the sole negligence of the City of Buffalo, or its employees. Contractor shall defend, indemnify and hold harmless the City of Buffalo, its agents, officers, servants and /or employees for all claims or losses for personal injury involving employees of the Contractor or persons working for the Contractor or any subcontractor or supplier or any third parties injured during the performance of this Contract. 26. Required Insurance Before performing any work on the awarded contract, the successful respondent shall procure and maintain:, during the life of said contract, insurance coverage as listed below. The policies of insurance shall be primary and written on forms acceptable to the City and placed with insurance carriers approved and licensed by the Insurance Department in the State of New York. Proof of insurance must be available at the request of City of Buffalo at any point in the evaluation process or during the life of the contract. The Contractor shall procure insurance coverage as hereinafter indicated: WORKMEN'S COMPENSATION: Insurance to cover the Contractor as named insured for his liability under the law. AUTOMOBILE LIABILITY AND PROPERTY DAMAGE: Comprehensive automobile liability insurance to cover the Contractor as named insured, for his ownership, maintenance or use, including loading and unloading, of any owned, hired or non -owned automobile used under this Contract both at and away from the job site. POLICY LIMITS - The following amounts on policy limits shall be provided: Automobiles - For Processors, Transfer Stations and MRF operators: Commercial Automobile Liability insurance covering all owned, non -owned and hired automobiles with limits of at least $2,000,000 per accident. For Collection of Recyclables: Commercial Automobile Liability insurance covering all owned, non -owned and hired automobiles with limits of at least $10,000,000 per accident. Commercial General Liability insurance with limits of at least $5,000,000 general aggregate, $2,000,000 products - completed operations $2,000,000 personal and advertising injury, $2,000,000 each occurrence $2,000,000 fire damage and $2,000,000 medical expense any one person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. September 30, 2010 21 27. Subcontractor's Insurance Any subcontractor performing work under this Contract shall procure and maintain statutory insurance and other insurance as determined by the Contractor so as to properly cover the liability of both Contractor and subcontractor(s). The policy limits shall be the same as required of the Contractor and certificates of insurance shall be delivered to the Contractor. 2$. Other Insurance Provisions A. Certification of Effective Insurance The Contractor shall furnish or have on file with the Owner a certified copy of each kind of insurance policy herein required of the Contractor and shall furnish the Owner with certificates in duplicate evidencing that the required insurances are in effect for the particular contract. If this form of certificate is used, certified copies of the policies will not be required. B. Cancellation Notice Each insurance policy and certificate of insurance shall contain a provision providing that it shall not be canceled or changed by the Contractor or insurance company without thirty (30) days of written notice to the Owner of intention to cancel or change. C. State Authorization Insurance policies shall only be written by insurance companies authorized to do such business in the State of New York. 29. Reports of Accidents and other Occurrences: A. Written Report Within forty -eight (48) hours after the happening of any accident or other occurrence during work related to the scope of this contract involving personal injuries and/or property damage, the Contractor shall make a full report, in writing, of such accident or occurrence to the Commissioner of Public Works, Parks & Streets 30. Transfer of Interest The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same either by assignment or innovation without the prior written approval of the City, provided, however, that claims for money due or to income due to the contractor may be assigned to a bank, trust company or other financial institution, or to a Trustee in Bankruptcy without such approval. Notice to any such assignment or transfer shall be furnished to the City. The Contractor shall not subcontract any services under this contract without prior approval of the City or designated herein. 31. Compliance Requirements All Vendors hired by the City of Buffalo are required to abide by the regulations of the Americans with Disabilities Act of 1990 (ADA) which prohibits discrimination against individuals with disabilities. The contractor will not discriminate against September 30, 2010 22 any employee or applicant for employment because of their disability and will tape affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following; hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, discharge, compensation and fringe benefits, classification, referral and training. The ADA also requires Vendors associated with the City of Buffalo to provide qualified applicants and employees with disabilities with reasonable accommodation that does not impose undue hardship. Vendors also agree to post in a conspicuous place, accessible to employees and applicants, notices of their policy on non - discrimination. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract, this contract may be canceled, terminated, or suspended, in whole or part, and the contractor may be declared ineligible by the Buffalo City Council from any further participation in City contracts in addition to other remedies as provided by law. 32. General Comaliance The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this contract. 33. Independent Contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. Any and all employees.of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub - Vendors of the Contractor only and not of the City, and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of New York or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of contractor. 34. Performance Bond The successful respondent will be required to enter into a contract and furnish a bond guaranteeing the faithful performance of the contract in the penal amount of the contract price, such bond to be executed by the contractor as principal, and by a duly incorporated company authorized to guarantee the performance of the contract and to do business in the State of New York as surety. Said bond to be approved by the Corporation Counsel as to form and by the Comptroller of the City of Buffalo as to sufficiency of the bond. The contractor shall within ten (10) days from the date of notice of award of bid provide the City with a performance bond, irrevocable line of credit, or a cash deposit. The amount of the performance bond shall be based on the total yearly amount of the contract, arrived at by the additions of the totals for all groups or units listed thereon. EXCEPTIONS. Wherever the total of items awarded to any bidder is less than $500,000 yearly, the amount of the performance bond shall be $500,000. September 30, 2010 23 35. Force Maieure Neither party shall be liable for any delay in or inability to perform its obligations hereunder if immediate notice is given thereof and if the delay or inability is due to any event beyond the reasonable control of such party as but not limited to, acts of God, fire, flood, storm, explosion, riot, war, strike, or other labor troubles, government orders or regulations or any other circumstance of a life or different nature. If, during the course of the contract, rules or regulations are enacted by the City of Buffalo or the State of New York that significantly change the amount or nature of recyclables collected under this contract, the City and the Contractor may negotiate changes in cost of the services provided to the City. 36. Standard of Performance In the event that the contractor shall at any time during the term of this agreement, fail or refuse to accept materials to be collected and /or processed pursuant to this agreement for reasons other than force majeure, the contractor shall be liable to the City as set below under "Liquidated Damages ". Provided, however, if the contractor is unable for any cause to resume performance, at the end of thirty (30) calendar days, all liability of the City under this agreement to the contractor shall cease and the City shall be free to negotiate with other contractors for the collection and /or processing of recyclable material. Liquidated Damages: For Processors: If the Contractor is unable to accept collected recyclables as stipulated in the contract, or for reasons other than force majeure, the contractor shall be liable to the City for twice the documented cost per ton that the City or its agent, needed to collect, haul, dispose or recycle the material ready to be processed. For Collection: Excessive missed collections, spillages and misplacing emptied totes may be considered a default condition. Accordingly, the Contractor agrees to the conditions set forth and will pay liquidated damages in accordance with the following: The Contractor shall have eight (8) working hours to pick up the Missed Collection; clean spillage attributed to the recycling collection service, resituating incorrectly placed emptied totes, or replace or repair containers where the contractor's handling of the container was in such a manner as to cause damage to the containers; and ® Starting with the eleventh (I I th) missed remedy in any thirty (30) day period, if the Contractor fails to meet the eight (8) working hour remedy period, liquidated damages in the amount of eighty -one dollars ($81.00) per occurrence. The liquidated damages set forth above are not intended to compensate the City for any damages other than inconvenience and loss of use or delay of the Services. The existence or recovery of such liquidated damages shall not preclude the City from recovering other damages which the City can document as being attributable to the above referenced failures, including but not limited to the cost of internal Staff hours or amounts paid to third parties as a result of such problem or delay. 37. Subcontracting September 30, 2010 24 The Contractor awarded a Contract shall be the prime Service Provider and shall be solely responsible for all contractual performance. In the event of a subcontracting relationship, the Contractor shall remain the prime Contractor and will assume all responsibility for the performance of the Services that are supplied by the subcontractor. Additionally, the City must be named as a third party beneficiary in all subcontracts. The City must approve any subcontractor and subcontractor's work -plan in writing, and all subcontractors must be identified by the Contractor in their Proposal to the City. Before a contract can be entered into the Contractor must demonstrate that all Subcontractors must meet all regulatory, bond and insurance requirements associated with their portion of the project; and, that each subcontractor has consented, in writing, to its name being submitted for this contract. 38. Termination If either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract, the other party shall have the right to terminate this Contract, if the default has not been cured after a ten (10) days written notice has been provided. If the termination shall be for breach of this Contract by Contractor, the City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this agreement shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the Contractor. The City may, in such event, withhold payments due to the Contractor for the purpose of set -off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. 39. Cancellation of Orders and Subcontracts In the event this Agreement is terminated by the City for any reason prior to the end of the term, the Company shall upon termination immediately discontinue all service in connection with this Agreement and promptly cancel all existing orders and subcontracts, which are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Company shall submit a statement to the City showing in detail the services performed under this Agreement to the date of termination and the City shall make final payment on such Services as the City deems appropriate. 40. Reaulatory Com pliance The contractor will be responsible for operating a recycling facility, owned or leased by the contractor, permitted, and in full compliance with all regulations of the NYSDEC, OSHA and any other applicable regulatory and municipal agency and/or a collection program in full compliance with all regulations of NYSDOT, OSHA and any other applicable regulatory agency. The contractor shall at all times be responsible for proper permitting and all cost associated with acquiring and maintaining necessary permits. September 30, 2010 25 41. Auditing Requirements The City or their designee shall be entitled, upon request, to certain documents of, and cooperation from, the Contractor as more fully set forth below, but limited to such matters in performance of the scope of work outlined in agreed contract: 42. Accounting Standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this contract. 43. Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findings. Records for non - expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. 44. Inspection of Records All Contractor records with respect to any matters covered by this agreement shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 1. The City shall have reasonable access at all times to the Contractor's site and buildings or structures thereon. 2. The City shall have reasonable rights, at all times, of ingress and egress over any and all roadways on the premises and buildings or structures thereon. 3. The City shall be entitled to reasonable disclosure and discovery of matters of any kind and nature arising from the Contract and concerning, dealing or involving the Contractor's site. 4. The City shall have full complete, sole, and independent access to perform at all times and without notice, unlimited on -site inspections at the Contractor's site and buildings and structures thereon, and agrees to hold the Contractor harmless from any liability arising there from. The inspection shall not interfere with the operations of the Contractor, nor any personnel or employee of the Contractor and shall conform to applicable regulations of the New York State Department of Environmental Conservation. 5. The City shall have full complete, sole and independent to maintain at any time and for any period of time a reasonable number of auditors or inspectors at the Contractor's site. The Contractor must agree to provide appropriate working space (i.e., desk or table) where the period of time exceeds one eight -hour working day. 6. The City shall have reasonable right to examine, inspect, or review all accounts books, correspondence, documents, papers, records or other items of similar nature pertaining directly to the Contractors performance of the contract. The Contractor must agree to September 30, 2010 26 provide copies as requested by the City. A reasonable amount of such copies shall be free of cost or charge. 7. The City shall have the full and complete right to inspect and examine any vehicle accessing any and all roadways at the Contractor's site so long as any such contact does not interfere with the ongoing operations of the Contractor. The Contractor must agree to instruct its personnel or employees to cooperate with the City. 8. Upon request, the Contractor shall utilize its best efforts to provide the City with copies of any and all correspondences, letters, notes, memos or other items of similar nature generated by any department or division of the City pertaining directly to the Contractors performance under this contract. 9. The City shall be provided copies of any and all filings made by the Contractor with Federal or State environmental regulatory agencies including the New York State Department of Environmental Conservation in connection with the conduct of business at the Contractor's site. 10. The City shall have reasonable right to request and receive at any time of the Contractor additional information relating to the Contractor's site. The Contractor agrees to completely and fully comply at all times with any and all of the City's reasonable requests. In addition, the Contractor shall provide information from its computer database in order to assist the City in its internal reviews and analysis. 11. In accordance with applicable laws, the City agrees to treat as confidential any document marked by the Contractor as confidential or proprietary in nature. The City will not release any such material without first obtaining consent from the Contractor. 45. Taxes A. The Contractor shall pay any and all Federal, State, County, or City taxes which may be applicable herein. B. Sales and Compensating Use Tax The Owner is exempt from payment of sales and compensating use taxes imposed by the State of New York or by any County, School District, or City within the State on all supplies and materials furnished by the Contractor for incorporation into the work pursuant to the provisions of this contract. The purchase by the Contractor of the supplies and materials sold hereunder will be a purchase or procurement for an exempt project pursuant to Section I I5(a) (15) of the New York State Tax Law and, therefore, not subject to any sales or compensating use taxes. No such taxes shall be included in the bids. 46. Applicable Law The laws of the State of New York shall govern all interpretations of this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Erie, State of New September 30, 2010 27 York, regardless of the place of business, residence or incorporation of the Contractor. 47. Conflict and Priority In the event that a conflict is found between provisions in this Contract, the Contractor's Proposal or the City's Request for Proposals, the provisions in the following rank order shall take precedence: 1) Contract; 2) Proposal; and 3) Request for Proposals. 48.Ownershin of Materials All finished or unfinished documents, data, studies, surveys, maps, photographs, reports or other materials resulting from this Contract shall become the property of the City upon final approval of the final report or upon request by the City at any time before then. The City may use, extend, or enlarge any document produced under this Contract without the consent, permission of, or further compensation to the Contractor. September 30, 2010 28 Evaluation and Selection Process The objective of this RFP process is to select one or more respondents with which to negotiate final contracts whose proposal is judged through the evaluation process outlined in this section, to be in the best interest of the City. To that end, all proposals will be subject to three major areas of evaluation: 1) evaluation and verification of the respondent's qualifications, experiences and references; 2) evaluation of technical information; and 3) analysis of financial and economic information. The City will, at its option, select the proposals most advantageous and suitable to the needs of the City. Each proposal will be evaluated for completeness and responsiveness. At the City's discretion during the evaluation process, it may either reject any proposal deemed incomplete or nonconforming with instructions or request further information or clarification from respondents. Proposals from respondents which the City deems not qualified will not be evaluated. Each proposal will be evaluated to ascertain the contractor's experience and financial soundness. Proposals of non - qualifying respondents will not be considered for further evaluation. Each proposal will also be evaluated to ascertain that the minimum financial and technical requirements are met. 1. Technical Evaluation The fundamental purpose of the technical evaluation is to verify that the technical approach and schedule are in the best interest of the City. In addition, innovative practices that increase the reliability and energy efficiency of the program will also be considered. The information provided by the respondent will be evaluated to determine if minimum performance standards have been met. Furthermore, the information will be evaluated to determine if it is responsible or if inconsistencies exist. The information will also be evaluated as to the respondent's ability to perform the work. Only proposals which meet the minimum: performance standards will undergo economic evaluation. 2. Economic Evaluation The purpose of the economic evaluation is to provide an equitable basis of cost comparison between proposals. All cost information to be used will be as stated in the proposal. The data will initially be reviewed to verify that the estimates are consistent with the type of equipment, maintenance, and personnel offered in the proposal and examined in the technical evaluation. Economic evaluations will be performed on an annual total net cost to the City basis. Clear identification of all cost and elements of costs that would or could become charges to the City or the respondent over the lifetime of the proposed contract must be provided. In addition, all elements of revenue that would or could accrue to the City or the respondent over the course of the proposed contract must be clearly identified. While the overall cost to the City will constitute a major criterion for the evaluation of the proposals, the City reserves the right to assess the entire proposal for each of the evaluation categories described in this section. In addition, the City will look for evidence in the proposal that the respondent has sufficient resources to negotiate quickly and is committed to the schedule. September 30, 2010 29 The respondent must demonstrate sufficient financial resources to meet all contract requirements. The proposal will also be evaluated relative to the respondent's creditworthiness, annual report, financial statements, and bonding ability. 3. Company Experience and Reference Evaluation In general, project experience, management capability, operations experience, and experience conducting business with the public sector will be evaluated. Following are descriptions of each evaluation criteria: a. Proicet Experience: The project experience of the respondent will be evaluated according to the following: • Previous experience in local recycling operations management and operation of a MRF and /or Previous experience in local recycling or solid waste collection operations management. • Willingness and ability to respond to changes and concerns expressed by the City representatives. • Provided references • Commitment and ability to meet schedules and long -term contract obligations. • History of environmental compliance. b. Management Ca ate bility Respondents will be evaluated based on experience and ability to provide all services. Management capability will be evaluated according to the following: • Project management. • Worker health and safety policies and practices. • Experience working with municipal officials. ® Experience of personnel assigned to project management, experience with management of collection of solid waste or recycling, recycling operations, and /or experience with operation and maintenance of MRF. c. Operations Experience: Respondent's experience with recycling operations and operations of MRF and/or previous experience in recycling or solid waste collection operations will be evaluated. Respondent's customer service record will be evaluated d. Experience with Public Sector Entities: Respondent's experience with the public sector including their track record with municipal contracts and providing public sector access to information will be evaluated. History of experience with audits will be considered. 4. Contractual/Agreement Response Evaluation Each proposal will be evaluated relative to the respondent's level of the acceptance of the contractual provisions presented or discussed in this RFP. The level of risk to be assumed by the respondent and the likely timeframe within which an acceptable agreement can be negotiated will be considered. 5. Negotiations As pail of the evaluation process, the Evaluation Committee may engage in discussions with any Contractor. Discussions might be held with individual Contractors to determine in greater detail the Contractors qualifications, to explore with the Contractor the scope and nature of the required September 30, 2010 30 contractual Services, to learn the Contractors proposed method of performance and the relative utility of alternative methods, and to facilitate arriving at a Contract that will be satisfactory to the City. The City may at its discretion require one or more Contractors to make presentations to the Evaluation Committee or appear before the City and /or its representatives for an interview. During such interview, the Contractor may be required to orally and otherwise present its Proposal and to respond in detail to any questions posed. Additional meetings may be held to clarify issues or to address comments, as the City deems appropriate. Contractors will be notified in advance of the time and format of such meetings. Following evaluations of all proposals, it is the intent that one or more companies will be selected for negotiations. The negotiations may be conducted simultaneously on a competitive basis. The City may conduct proposal clarification, strengthening discussions, and negotiations with one or more proposal submittals. The City reserves the right to terminate negotiations with one or more respondents at any time, to conduct negotiations to clarify, strengthen, and modify Proposals only with the respondents whose proposals have not been previously set aside, and to resume discussions and negotiations with respondents whose proposals were previously set aside. Since the City may choose to award a Contract without engaging in discussions or negotiations, the Proposals submitted shall define the Contractor's best offer for performing the Services described in this RFP. 6. Contract Award by City Council The name of the apparent successful Contractor will be submitted to the City Common Council for final approval of award. if approved by City Common Council, The Contract will be sent to the Buffalo Fiscal Stability Board for approval, upon their approval, the City will provide Contract documents to the Contractor. September 30, 2010 31 Statement of Ikon- Collusion Pursuant to Chapter 675 Laves of 1966 By submission of the proposal, each contractor and each person signing of behalf of any contractor certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief- 1 The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other contractor or with any competitor; 2 Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the contractor and will not knowingly be disclosed by the contractor prior to the opening, directly or indirectly, to any other contractor or to any competitor, and; 3 No attempt has been made or will be made by the contractor to include any other person, .partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Signature of Officer Title of Officer Date September 30, 2010 32 SPECIFIC PROPOSAL. CONDITIONS Pr. ocessing Qption Conditions and Re.atnirements for the Processing of Reevelable Materials It is the intention of the City of Buffalo to procure the services for the processing the recyclables as collected curbside and as described in this RFP. The recyclables collected will not be sorted at the hauling truck prior to delivery; therefore the City will select only a MRF that is permitted to process single - stream delivered recyclables. This Option describes the responsibilities of the contractor accepting and processing the City's recyclables. 1. The Contractor shall furnish all facilities, equipment, disposal sites, management, and other services; provide and perform all necessary labor in a good substantial, efficient, workmanlike and businesslike manner, and perform, execute and complete and do all work and acts necessary for the acceptance and marketing of recyclables as set forth in the RFP. 2. The term of the contract shall be for five years beginning July 1, 2010 (or another mutually agreed upon date) through June 30, 2015 (or five years from the mutually agreed upon: contract initiation date); with optional renewal at the specified price for an additional five year term, at the mutual discretion of both the City and the successful bidder. 3. The scale or recyclables receiving -site do not have to be the site where recyclables are being processed. Transfer of recyclable materials to another MRF is acceptable as long as both the transfer site and the destination MRF are fully presented as part of the Contractor's RFP response and are permitted by the New York State DEC and the local laws of the municipalities in which the sites operate. 4. Scales and Weighing Records The contractor shall have at the site working state - certified electronic scales. A receiving ticket must be established for each load delivered. These tickets are to be printed in duplicate at the weight scale. Each ticket must contain, at a minimum, time, date, truck number, gross weight delivered, tare weight after dumped, net weight. One copy of the ticket is to be delivered to the City on a monthly basis. For each month, the Contractor shall also provide a daily tonnage report summarizing the month's collection, and the report must be delivered to the City no later than the 5th day of the month following the month in which the tonnage was delivered. The MRF or transfer station must accommodate receiving of recyclables at a rate such that trucks delivering City recyclables are able to enter, weigh -in, tip materials and depart the site with a reasonable turn - around time, but not to exceed 30 minutes. The Contractor shall furnish the City all certifications verifying that the scale(s) meet accuracy required by applicable law. September 30, 2010 33 5. The location of the material recovery facility (MRF) or transfer station shall be within ten (10) miles for the city line. 6. Bidders are to equip and operate a MRF having the capacity to handle single stream recyclables collected curbside and delivered to the MRF. 7. It shall be the contractor's responsibility to market the recyclables in a timely manner. A monthly report, indicating estimated breakdown of the various commodities for the received materials shall be submitted to the City within fifteen (15) days after the close of each month. The Contractor will annually perform an audit and report of one - week's worth of recyclables collected in the City of Buffalo. 8. All materials deemed recyclable delivered to the MRF must be recycled. Under no circumstance can any of the recyclables be landfilled or incinerated. A violation of this principle will subject the Contractor to possible default of the contract and subject the Contractor to a fine of $1,000 per day for each day of violation. Disposal of any contaminants, which may be included in the recyclables, shall be the responsibility of the Contractor. The Contractor may temporarily waive the recycling and may dispose of any given type of accepted material only by receiving written permission from the Commissioner of Public Works, and such permission shall only be granted in thirty -day periods. The Contractor would be responsible for the all associated costs of disposal for said collected materials at no additional cost to the City. 9. The Contractor shall receive and process all recyclables as delivered. The Contractor shall then assume full responsibility for the efficient and environmentally sound processing and marketing of the recyclables. The recyclable material will include, but not be limited to, newspaper, corrugated cardboard, boxboard, junk mail, office paper, old telephone books, magazines, glass bottles (green brown and clear), metal cans, and plastic bottles with resin codes 41 through V. As additional materials become feasible for curbside recycling, the City will work with the Contractor to add these items to the program. The complete lisi is included as Attachment D. The proposer is required to list any exceptions or additions to the list of acceptable recyclables as part of the proposal. Proposals with more acceptable items will be view more favorably by the City. 10, The MRF must be open to receive collected recyclables continuously from Monday through .Friday except for Christmas and New Years Day. On the weeks where Christmas and/or New Years falls on a weekday, the MRF shall be open to receive recyclables on the following Saturday. The Contractor must provide a scale and recycling receiving site with the following minimum hours: Monday through Friday, 7:00am --- 5:00pm Saturdays, on only the Holiday schedule describe above, 7:00am- 5:00pm 11. Work performed by the City September 30, 2010 34 Deliver all residential and small commercial single stream recyclables under its control to the Contractor's MRF or Transfer Station. The City shall employ at least one -full time Recycling Coordinator for the duration of the Contract. The Coordinator's duties are primarily to direct projects and outreach programs that increase amount and quality of recyclables collected in the City's curbside recycling program.. Make best effort to reduce contamination Actively support and encourage additional volume of recyclables being delivered Make reasonable effort to eliminate scavenging of materials 12. Each proposal shall include the following specific information in addition to the information required in the general proposal conditions: 1. Location, and description of the MRF layout and any planned building improvements that may interfere with the efficiency of the tipping operation. 2. List of current recycling programs and activities being processed at the MRF. 3. List of any recycling education materials or programs that may be made available to the City to assist the City in its efforts to increase the amount of material collected for recycling. 4. Identify any additional materials which may be collected and processed through the MRF. 5. Copy of the current NYSDEC permit, including any conditions, for the operation of the MRF. 13. Proposal Form It is the intent of the City to share profits incurred by the Contractor in the Contractor's efforts of processing and marketing of the City's recyclables. The contractor is to submit the attached proposal form stating the revenue to be paid to the City for the processing and marketing of recyclables as described in this section. If in the opinion of the contractor there is a more equitable formula to share revenue, the City will entertain an alternate proposal described in an attachment to the proposal form. There will be no cost per ton charge for the processing of delivered material. Any Proposal may include several options, plans or alternative form of revenue sharing under the same application. Such options should be made clear as to plans, timetables, performance benefits, and cost or benefits to the City. 14. Recycling Education Fund The City and the Contractor shall agree on the method(s) used to promote the Buffalo recycling program. The City will provide quarterly updates to the Contractor of its recycling educational programming and related expenses incurred. The contractor is to September 30, 2010 35 note the fund contribution on the attached proposal form. At a minimum, the Contractor shall provide quarterly allocations of $18,750 ($75,000 annually) paid to the City of Buffalo for the purpose of procuring educational programming for the duration of the contract. 15. Payment The contractor shall return materials processing and marketing revenue to the city on a monthly basis. The contractor shall provide quarterly allocations of the recycling education enforcement fund to the city; the first allocation shall be due three months after the start of the contract. 15. The City and the hauler responsible for the collection of recyclablcs will take steps to minimize contamination of recoverable materials. The contractor has the right to reject loads with greater than 15% by weight contaminated with waste. If the contamination can be easily removed and the load adjusted to meet the 15% contamination rule, the Contractor shall make all reasonable attempts to do so. The City reserves the right to invoice the Contractor for the costs of disposal at the ESTS of rejected Ioads, if the Contractor cannot document that a reasonable effort was made to remove contamination and that the load was contaminated by over 15% with waste. September 30, 2010 36 Reauired Reeveling Proposal Form Far. Processing Option The proposer shall provide for the processing and marketing of recyclable material delivered to a permitted facility. All information on this form must be completed for the proposal to be considered complete. This will be the preferred facility for bidder. Name, location and type (MRF, Transfer Station) of permitted facility: Revenue, $ ; per ton of delivered material, paid to the City of Buffalo. (If in the opinion of the contractor there is a more equitable formula to share revenue, the City will entertain an alternate proposal described in an attachment to the proposal form. The City will consider indexed formulas. However, there will be no `cost per ton charge' for the processing of delivered material for the term of the contract.) Recycling Education Fund, $ , per quarter, minimum of $18,750, paid to the City of Buffalo. Location, and description of the MRF layout and any planned building improvements that may interfere with the efficiency of the tipping operation. List of current recycling programs and activities being processed at the MRF. List of any recycling education materials or programs that may be made available to the City to assist the City in its efforts to increase the amount of material collected for recycling. Identify any additional materials which may be collected and processed through the MRF. Copy of the current NYSDEC permit, including any conditions, for the operation of the MRF Copies of any Municipal, County or State permits or registrations required for the operation of facilities or vehicles. Proposals of alternative revenue sharing plans Detailed descriptions of indexing revenue Detailed description of Exceptions to any requirements September 30, 2010 37 September 30, 2010 38 SPECIFIC PROPOSAL CONDITIONS Collection Option Conditions and Reauirements for the Weeklv Collection of Reevelable Materials with Boxes and Totes The respondent shall submit proposals for the collection and hauling of recyclables from City provided 14 or 18- gallon recycling boxes, as is City's present practice; with the exception that the Contractor supply and service minimum 64- gallon totes to all parcels, residential and commercial, on the list of "Commercial Streets" attached to this REP, as Attachment A and only to such parcels on those streets that are serviced by the City's MSW collection. All respondents are required to submit a proposal that reflects the general proposal conditions and the following specific proposal conditions and requirements. 1. Term a. The term of the contract shall be for five years beginning July 1, 2010 (or another mutually agreed upon date) through June 30, 2015 (or five years from the mutually agreed upon contract initiation date); with optional renewal at the specified price for an additional five year terra, at the mutual discretion of both the City and the successful proposer. 1 Collection a. The Contractor shall be responsible for the uninterrupted collection of recyclables at curbside at any and all residential and commercial (as defined in Chapter 216 of the City Code) users currently being serviced by the City's MSW collection. b. Recyclables shall be collected as "Single Stream" and delivered as "Single Stream" to a designated MRF. The Contractor shall be responsible for the collection of recyclables left in appropriate containers and that are placed no more than five feet from the curb. The Contractor shall be also be responsible to collect corrugated cardboard that is flattened and left no more than five -feet from the curb. c. All emptied recycling containers shall be placed between the sidewalk and the curb, and not on the sidewalk, road, or driveway, and in a manner that does not impede pedestrian or vehicular traffic. Containers shall be handled at all times as to prevent damage to the container and to reduce noise of handling and collection. Throwing or tossing of recycling containers shall not be allowed. The City will require residents that recyclables shall be placed in the provided containers and that the containers are to be used for recycling only. Cardboard, free from any plastic packaging, must be flattened and may be placed next to recycling containers. d. The City shall supply the Contractor with the locations of all of its occupied parcels (74,200) that pay the City's User Fee for MSW service. The list will be in an Excel format, with fields including house number, street name, and number of units per September 30, 2010 39 parcel. Between 30% and 35% of the City's residents presently participate in the recycling program, (see Illustration 1). c. The City will entertain any proposal where costs will be determined by the number of totes collected, however the quantity must be verifiable. For example, RFID tags imbedded into all totes, and RFID readers on all trucks would be worthy of review. f. The Contractor shall be responsible for the uninterrupted weekly collection of recyclables placed in Totes or boxes, at the curbside, at all parcels on the designated Commercial Streets (see Attachment A). There are approximately 3,792 parcels that shall be serviced on these addresses and streets as listed on Attachment A, and that these parcels shall be serviced using and be provided with 4,258 65-gallon wheeled totes. The Contractor will supply the City with 4,500 totes; as any remaining totes will delivered to the City Garage. g. Collection shall take place Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. unless prior approval of the Commissioner of Public Works Parks and Streets is obtained. Collection of recyclables on Commercial Streets (Attachment A) may commence at 6:30 am. Commercial weekly collection shall be maintained throughout the entire five years of this contract. Weekly collection and routing shall follow the five- district plan plus the Commercial Streets as presented in Attachment G. Each district's recyclables must be collected on the day specified. The Contractor is advised that collection of solid waste by City crews will be occurring in the same districts and on the same days as recycling collection. The Contractor is advised to provide routing that eliminates conflicts with City operations as much as possible. h. The Contractor may cease collection of recyclables only if an emergency -only travel ban has been issued for the City of Buffalo or under direction of the Commissioner of Public Works when the conditions are deemed hazardous for Contractor's personnel or residents of City. L The City collects solid waste from its residents on a weekly basis throughout the year, with the exception of Christmas and New Years Days. On those two holidays, and if the Holiday falls during the weekday, collection of recycling shall be postponed by one day, with Friday's collection being picked up on the next Saturday. The successful bidder must follow the same schedule as the City's MS W collection. j. Contractor shall report semi - annually to the City the number of residential and commercial daily stops in a given week. k. The Contractor shall expect to service new parcels throughout the contract period as they begin to participate in the recycling program; similarly, there will be parcels that go vacant. The City, to its best ability, shall notify the Contractor monthly of all such changes to which parcels need, or do not need, recycling collection. 3. Recyclables & Contamination a) Recycling material to be picked up includes newspaper, magazines, catalogs, junk mail, phone books, office and computer paper, metal food and beverage containers, September 30, 2010 40 aluminum pie tins, small neck or screw top milk, water, juice, and soap bottles and jugs, brown corrugated cardboard, cereal boxboard, and shoe boxes, clear, brown, and green glass food and beverage containers, gable top milk and juice cartons, including those with spouts, and drink boxes. Other materials may be added as allowed by the designated MRF. b) Excluded from the definition of recycling materials are the following which the Contractor shall have no obligation to accept or process (herein the "excluded wastes "). any radioactive, volatile, highly flammable, explosive, toxic, biomedical, or hazardous material or any other waste or material not meeting the requirements of this contract. The term "hazardous material" shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency of jurisdiction. However, it is reasonable to expect that there is a chance of accidental mixing of such waste with the normal refuse stream. The contractor must be prepared to deal with such situations. The City must be contacted when the Contractor finds such material. The Contractor should be prepared to display good faith effort to remove contaminated recycling materials and materials that are not listed as recyclable. c) If the Contractor identifies items placed in recycle containers that are not acceptable as recyclable, it shall be responsibility of the Contractor to remove said items from the containers, collect the remaining recyclables, and return the offending items back into the recycling box. The Contractor shall leave a notice in or on the container describing acceptable items that may be set -out for recycling. d) In the event the materials were not left out in the correct manner (see Chapter 216 of the City Code for procedures) for collection, the Contractor shall notify the City in a daily submittal list identified as "Notice of Uncollected Materials ". This daily notice shall consist of a listing of address, type of materials uncollected and the basis for collection refusal. e) Contractor shall be held responsible for contaminated loads at the designated MRF. Any load brought to the designated MRF that has greater than a 15% by weight contamination by Waste may be rejected by the operators of that MRF. If no arrangements can be made between the Contractor and the MRF operator to make the load acceptable, the contractor will dispose of the load at the Eastside Transfer Station (ESTS) at no additional cost to the City. At no time will the City be responsible for any costs associated with hauling contaminated loads to the ESTS or costs associated with removing contaminated waste from collected recyclables. 4. Commercial Contracts 1. The Contractor shall also be responsible for the uninterrupted collection of recyclables at the curbside of commercial parcels that have special "Commercial Contracts" for City MSW collection and that are not located on "Commercial Streets ". Such commercial accounts often require any number of containers for recycling and require collection of recyclables once per week. As a pail of this RFP, the contractor will submit prices for the collection of recyclables at "Commercial Contracts" on a per stop basis. The Contractor will bill for each location regardless of whether or not a tote or totes were set September 30, 2010 41 out to the curb. There will be a limit of five totes at any one parcel. The prices will be used as the City adds or removes Commercial Contracts during the course of the contract. 2. The Contractor will invoice the City each month of the Contract for such Commercial Contracts as was serviced during the preceding month and according to the number of parcels serviced. The amount will reflect the submitted price on the Contractor's accepted Proposal. The invoice will include the addresses each location and list any parcel that has no set -out totes (the no set -out list is not for billing purposes, but will be used by the City for outreach). Attachment C contains the list of all commercial contracts and their approximate number of totes used as of September 2009. 3. The City will be responsible to deliver contractor- provided wheeled totes to the initial lists of "Commercial Contracts" as specified on Attachment C and to any Commercial Contracts that are added during the course of the contract. 4. As each Commercial Contract may require unique services, the City and the Contractor may come to a mutual agreement as to price for an individual parcel that differs from the submitted price. Commercial Street Totes - By December 31, 2010, the Contractor shall provide forty -five hundred (4,500) 64- gallon totes (specifications are in Attachment E) to 3,792 properties on the designated list of commercial streets (Attachment A) serviced by the City's MSW collection with any remaining totes delivered to the City Garage. The contractor shall be responsible for maintenance and cost of replacement the totes if they are damaged during collection. The City will be responsible for the cost of replacing or repairing any tote that is damaged by the resident or by acts not the fault of the Contractor nor covered by the warranty of the totes as described in Attachment E. The schedule for the collection of the recyclables placed in the totes will be the same as the City's MSW collection. The schedule will be agreed to by the Contractor and the City before the commencement of collection. The City will place a limit of five (5) wheeled totes at any one parcel. It is intent of the City to make collection efficient for both parties and to the users located on these Commercial Streets. The City shall be required during the course of the contract, to supply totes to parcels on Commercial Streets for the terra of the contract. The initial purchase and distribution of the totes will be the responsibility of the Contractor. At the end of the five -year contract, the totes will become the property of City. 5. Vehicles a) The Contractor shall furnish all vehicles, equipment, and labor necessary for a weekly curbside collection of the furnished totes. The Contractor is responsible for maintaining all vehicles and equipment, and that such equipment must be kept clean, sanitary and free from obnoxious odors. All vehicles used in the performance of this contract shall meet all regulatory requirements for the hauling of the collected material. The vehicles shall be closed, not leak any wastes, and employees shall be required to clean up any spills that may occur as part of their collection duties. It is the Contractors responsibility to insure that collection vehicles shall be able to reach all locations where materials are to be collected and where the recyclables will be processed (the designated MRF). September 30, 2010 42 b) The trucks used for the collection of recyclables shall be kept clean at all times and must be clearly marked as "Recycling" trucks and identified differently from vehicles utilized by the City to collect regular garbage. 6. Delivery a) The Contractor shall be responsible for hauling and delivery of the collected recycling materials to their MRF, or another site designated by the City should the City decide to split the award of contracts for collections and processing. b) The MRF or transfer station to which the recyclables will be hauled and delivered, will be within ten miles of the City line. Any selected MRF or transfer Station shall be a New York State Department of Environmental Conservation (NYSDEC) approved materials recovery facility or Transfer station, and be open at least from 7 :00 am until 5:00 pm Monday through Friday and on Saturdays that follow Christmas and New Years, when such holidays fall on a weekday. 7. Outreach & Complaints a) It is the desire and intention of the City to increase recycling participation by its residents. Proposers are invited to detail any ideas and programs they may wish to use in assisting the City in this endeavor, however, it is the intention of the City to develop such a plan after the contract is awarded, and in consultation with the successful bidder. b) The Contractor shall be responsible for responding to customer complaints forwarded by the City. Customer complaints will be first answered and administered by the City. The City will then forward prioritized complaints to the Contractor either by e-mail or by FAX If materials left out for collection were missed, the Contractor shall be responsible to make a reasonable and good faith effort to return to collect those items the day notified or by noon the following business day. c) The Contractor shall have a minimum of two phone lines, one fax number, and one e- mail dedicated to this contract for City correspondence and the forwarding of collection problems. The City requires twenty -four hour access to a supervisor and/or manager. 8. The City shall be responsible for all billing, accounting, and financial collection of its User Fee. In the event that a customer does not pay the required fees, collection efforts will be undertaken by, and at the option of the City to recover any monies due. The Contractor shall be paid for services completed even though the City may have not collected the billed User Fee. At no time shall the Contractor cease collection services for lack of payment by residents, unless directed to do so by the City. 9. Payments - At the end of each month the Contractor shall submit an invoice to the City. The City shall pay the Contractor for services rendered in monthly installments. Each installment shall equal 1/12th of the total annual price for curbside recycling services in the City under this Agreement plus additional services documented by the contractor such as September 30, 2010 43 added Commercial Contracts and recycling containers delivered. The City shall pay all uncontested portions of such invoice, minus any deductions due to Contractor's negligence, within sixty (60) business days of the receipt of the invoice. 10. The Contractor must have at least two years experience in the collection of solid waste and /or recycling materials from both residential and commercial sectors. Refer to the Qualifications section in the general proposal conditions. 11. Continued use of Recycling Boxes - The City of Buffalo will continue to provide curbside plastic boxes (14 -18 gallons) to residents and property owners serviced by the City's MS W collection but not to properties on the Iist of commercial streets, for no charge, on an as needed basis. 13. Proposal Form. The contractor is to submit the attached proposal form stating the cost to be paid to the contractor for the collection and hauling of recyclables as described in this section. If in the opinion of the contractor there is a more efficient formula to base the payment on, the City will entertain an alternate proposal described in an attachment to the proposal form. In addition, the City is sensitive to the fact that the costs of collection will vary from year to year. Summarily, the City will consider the contractor's use of index formulas to adjust costs on an annual basis. Any Inflation Index and /or Fuel Cost Adjustment shall be 75% of the agreed upon a generally accepted listed or published cost basis, and be rounded to the nearest tenth of a percentage point. Costs related to fuel must be reasonable for the work being performed, will be considered in the evaluation of Proposals, and is subject to audit at the City's discretion for the life of the Contract and for a period of two (2) years after Services have ceased. September 30, 2010 44 Proposal Form Collection Option I for the Weekly Collection of Recvelable Materials with Boxes and Totes The proposer shall provide for the collection of recyclable material delivered to a permitted facility. All information on this form must be completed for the proposal to be considered complete. The Contractor shall invoice the City for the weekly collection of recyclables of the boxes and totes at the following rates: Annual Cost for collection of city-wide curbside blue box recycling plus collection of totes on Commercial Streets: $ Annualized Cost to the City for delivery, maintenance per warranty, and procurement of 4,500 totes over the five -year contract: $ After five years, the totes will become the property of the City, and therefore if a five -year extension is given to the Contractor, this cost will no longer be charged to the City. Monthly cost per stop for weekly collection of curbside 64 gallon tote recycling for Commercial Contracts: $ /stop, The Following information need only be submitted once for proposers that wish to provide Collection Services to the City of Buffalo and will be applicable to all Collection Captions. List of current municipal recycling programs and activities being conducted in the County of Erie List of any recycling education materials, oops tags, or programs that may be made available to the City to assist the City in its efforts to increase the amount and quality of material collected for recycling. Copies of any Municipal, County or State permits or registrations required for the operation of facilities or vehicles. Proposals of alternative collection programs Detailed descriptions of indexing for fuel or cost-of-living expenses Detailed description of Exceptions to any requirements September 30, 2010 45 SPECIFIC PROPOSAL CONDITIONS Coilection Q ion 2 Conditions and Reauirements for the Weekly Collection of Recyclable Materials with Totes The respondent shall submit proposals for collection and hauling of recyclables with the requirement that the contractor shall supply minimum 64 gallon totes to every parcel in the City that is serviced under terms described in this RFP, and collect recyclables placed in the totes on a schedule so described. All respondents are required to submit a proposal that reflects the general proposal conditions and the following specific proposal conditions and requirements for both options: 1. Term a. The term of the contract shall be for five years beginning July 1, 2010 (or another mutually agreed upon date) through June 30, 2015 (or five years from the mutually agreed upon contract initiation date); with optional renewal at the specified price for an additional five year term, at the mutual discretion of both the City and the successful proposer. 2. Collection a. The Contractor shall be responsible for the uninterrupted collection of recyclables at curbside at any and all residential and commercial (as defined in Chapter 216 of the City Code) users currently being serviced by the City's MSW collection. K Recyclables shall be collected as "Single Stream" and delivered as "Single ,Stream" to a designated MRF. The Contractor shall be responsible for the collection of recyclables left in appropriate containers and that are placed no more than five feet from the curb. The Contractor shall be also be responsible to collect corrugated cardboard that is flattened and left no more than five -feet from the curb. c. All emptied recycling containers shall be placed between the sidewalk and the curb, and not on the sidewalk, road, or driveway, and in a manner that does not impede pedestrian or vehicular traffic. Containers shall be handled at all times as to prevent damage to the container and to reduce noise of handling and collection. Throwing or tossing of recycling containers shall not be allowed. The City will require residents that recyclables shall be placed in the provided containers and that the containers are to be used for recycling only. Cardboard, free from any plastic packaging, must be flattened and may be placed next to recycling containers. d. The City shall supply the Contractor with the locations of all of its occupied parcels (74,200) that pay the City's User Fee for MSW set - vice. The list will be in an Excel format, with fields including house number, street name, and number of units per parcel. The City will place a Iimit of five (5) wheeled totes at any one parcel. September 30, 2010 46 e. The City will entertain any proposal where costs will be determined by the number of totes collected, however the quantity must be verifiable. For example, RFID tags imbedded into all totes, and RFID readers on all trucks would be worthy of review. f. Collection shall take place Monday through Friday, between the hours of 7 :00 a.m. and 4:00 p.m. unless prior approval of the Commissioner of Public Works Parks and Streets is obtained. Collection of recyclables on Commercial Streets (Attachment A) may commence at 6 :30 am. Commercial weekly collection shall be maintained throughout the entire five years of this contract. Weekly collection and routing shall follow the five- district plan plus the Commercial Streets as presented as Figure 1. Each district's recyclables must be collected on the day specified. The Contractor is advised that collection of solid waste by City crews will be occurring in the same districts and on the same days as recycling collection. The Contractor is advised to provide routing that eliminates conflicts with City operations as much as possible. g. The Contractor may cease collection of recyclables only if an emergency -only travel ban has been issued for the City of Buffalo or under direction of the Commissioner of Public Works when the conditions are deemed hazardous for Contractor's personnel or residents of City. h. The City collects solid waste from its residents on a weekly basis throughout the year, with the exception of Christmas and New Years Days. On those two holidays, and if the Holiday falls during the weekday, collection of recycling shall be postponed by one day, with Friday's collection being picked up on the next Saturday. The successful bidder must follow the same schedule as the City's MSW collection. i. Contractor shall report semi - annually to the City number of residential and commercial stops. j. The Contractor shall expect to service new parcels throughout the contract period as they begin to participate in the recycling program; similarly, there will be parcels that go vacant. The City, to its best ability, shall notify the Contractor monthly of all such changes to which parcels need, or do not need, recycling collection. 3, Recyclables & Contamination Recycling material to be picked up includes newspaper, magazines, catalogs, junk mail, phone books, office and computer paper, metal food and beverage containers, aluminum pie tins, small neck or screw top milk, water, juice, and soap bottles and jugs, brown corrugated cardboard, cereal boxboard, and shoe boxes, clear, brown, and green glass food and beverage containers, gable top milk and juice cartons, including those with spouts, and drink boxes. Other materials may be added as allowed by the designated MRF. September 30, 2010 47 b. Excluded from the definition of recycling materials are the following which the Contractor shall have no obligation to accept or process (herein the "excluded wastes "). any radioactive, volatile, highly flammable, explosive, toxic, biomedical, or hazardous material or any other waste or material not meeting the requirements of this contract. The term "hazardous material" shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency of jurisdiction. However, it is reasonable to expect that there is a chance of accidental mixing of such waste with the normal refuse stream. The contractor must be prepared to deal with such situations. The City must be contacted when the Contractor finds such material. The Contractor should be prepared to display good faith effort to remove contaminated recycling materials and materials that are not listed as recyclable. If the Contractor identifies items placed in recycle containers that are not acceptable as recyclable, it shall be responsibility of the Contractor to remove said items from the containers, collect the remaining recyclables, and return the offending items back into the recycling box. The Contractor shall leave a notice in or on the container describing acceptable items that may be set -out for recycling. d. In the event the materials were not left out in the correct manner (see Chapter 216 of the City Code for procedures) for collection, the Contractor shall notify the City in a daily submittal list identified as "Notice of Uncollected Materials ". This daily notice shall consist of a listing of address, type of materials uncollected and the basis for collection refusal. e. Contractor may be held responsible for contaminated loads at the designated MRF. Any load brought to the designated MRF that has greater than a 15% by weight contamination by Waste may be rejected by the operators of that MRF. If no arrangements can be made between the contractor and the MRF operator to make the load acceptable, the contractor will dispose of the load at the Eastside Transfer Station (ESTS) at no additional cost to the City. At no time will the City be responsible for any costs associated with hauling contaminated loads to the ESTS or costs associated with removing contaminated waste from collected recyclables. 4. Vehicles a. The Contractor shall furnish all vehicles, equipment, and labor necessary for a weekly curbside collection of the furnished totes. The Contractor is responsible for maintaining all vehicles and equipment, and that such equipment be kept clean, sanitary and free from obnoxious odors. All vehicles used in the performance of this contract shall meet all regulatory requirements for the hauling of the collected material. The vehicles shall be closed, not leak any wastes, and employees shall be required to clean up any spills that may occur as part of their collection duties. It is the Contractors responsibility to insure that collection September 30, 2010 48 vehicles shall be able to reach all locations where materials are to be collected and where the recyclables shall be processed (the designated MRF). b. The Trucks used for the collection of recyclables shall be kept clean at all times and must be clearly marked as "Recycling" trucks and identified differently from vehicles utilized by the City to collect regular garbage. 5. Delivery a. The Contractor shall be responsible for hauling and delivery of the collected recycling materials to their MRF, or another site designated by the City should the City decide to split the award of contracts for collections and processing. b. The MRF or transfer station to which the recyclables will be hauled and delivered, will be within ten mites of the City line. Any selected MRF or transfer Station shall be a New York State Department of Environmental Conservation (NYSDEC) approved materials recovery facility or Transfer station, and be open at least from 7:00 am until 5:00 pm Monday through Friday and on Saturdays that follow Christmas and New Years, when such holidays fall on a weekday. 6. Outreach & Complaints a. It is the desire and intention of the City to increase recycling participation by its residents. Proposers are invited to detail any ideas and programs they may wish to use in assisting the City in this endeavor, however, it is the intention of the City to develop such a plan after the contract is awarded, and in consultation with the successful bidder. b. The Contractor shall be responsible for responding to customer complaints forwarded by the City. Customer complaints shall be first answered and administered by the City. The City shall then forward prioritized complaints to the Contractor either by email or by FAX. If materials left out for collection were missed, the Contractor shall be responsible to make a reasonable and good faith effort to return to collect those items the day notified or by noon the following business day. c. The Contractor shall have a minimum of two phone lines, one fax number, and one email dedicated to this contract for City correspondence and the forwarding of collection problems. The City requires twenty -four hour access to a supervisor and/or managerial personnel. 7. The City shall be responsible for all billing, accounting, and financial collection of its User Fee. In the event that a customer does not pay the required fees, collection efforts shall be undertaken by, and at the option of the City to recover any monies due. The Contractor shall be paid for services completed even though the City may have not collected the billed User Fee. At no time shall the Contractor cease collection services for lack of payment by residents, unless directed to do so by the City. September 30, 2010 49 8. Payments: At the end of each month the Contractor shall submit an invoice to the City. The City shall pay the Contractor for services rendered in monthly installments. Each installment shall equal 1 /12th of the total annual price for curbside recycling services in the City under this Agreement plus additional services documented by the contractor such as added Commercial Contracts and recycling containers delivered. The City shall pay all uncontested portions of such invoice, minus any deductions due to Contractor's negligence, within sixty (60) business days of the receipt of the invoice. 9. The Contractor must have at least two years experience in the collection of solid waste and/or recycling materials from both residential and commercial sectors. Refer to the Qualifications section in the general proposal conditions. 10. Phase -ire of City -wide Totes a) The contractor shall furnish and deliver wheeled 64- gallon totes (specifications are in Attachment E) to all properties serviced by the City's MSW collection, or as directed by the Commissioner of Public Works, Parks and Streets. It is the intent of City that the Contractor shall be required to supply one tote to each occupied residential and one totes to each occupied commercial property, except where so noted. (over 95% of all parcels will require only one tote to be delivered. The City will place a limit of five (5) wheeled totes at any one parcel.) Included in the delivery of each tote, the contractor shall attach an informational brochure to the tote; the City shall supply the printed brochure. The distribution of totes shall occur, phased in, over a one -year period. Totes shall be clearly marked with "City of Buffalo" insignia and /or with a phrase "Buffalo Recycles ", or other such signage as approved by the Commissioner of Public Works. b) The owner or resident of a property can request from the Commissioner of Public Works that they be allowed to use recycling box instead of a tote; in such cases the commissioner can direct the Contractor to pick -up recyclables placed in City - provided recycling boxes at that address. c) The Contractor shall be responsible for keeping the totes in reasonable repair during the term of the contract. The City will be responsible for the cost of replacing or repairing any tote that is damaged by the resident or by acts not the fault of the Contractor nor covered by the warranty of the totes as described in Attachment E. If a broken tote needs to be replaced or repaired under the terms of the warranty, the City shall direct the contractor to do so, at no additional cost to the City. d) The Contractor shall deliver to the City Garage an additional three hundred (300) totes as needed by the City. It shall be the responsibility of the city to deliver additional totes to parcels for new or existing customers, or to replace lost or stolen totes for existing customers. Additional totes may be requested by the City at any time during the contract term at no additional cost to the Contractor. e.) Within forty -five (45) days after the Contract approval, the Contractor shall supply to the City of Buffalo Commissioner of Public Works, Parks & Streets, for the Commissioner's approval, a plan detailing the process of tote distribution, including but not limited to, the manufacturer and specifications of the totes, number of trucks and crews, company information for subcontractors utilized for the tote manufacture and distribution, September 30, 2010 50 distribution routes or districts, timeline, and logistics of attaching promotional literature. All totes must meet attached specification. All totes must be distributed before one --year after the start of the service period, with at least 50% being distributed six months after the start of the service period. As this process will be subcontracted, please note conditions on subcontracts in the General Proposal Conditions. The following timeline is a euideline9 earlier completion of the distribution of totes would, be beneficial to the City.: - The Contractor shall deliver wheeled 64- gallon totes to all qualified addresses within the following timeline: e) The Contractor shall deliver wheeled 64-gallon totes to all qualified addresses within the following timeline: By October 1, 2010 (Approximately 15,780) All properties that are serviced in the Thursday pick-up district and qualified properties on the established commercial streets as listed in Attachment A and all properties that have Commercial Contracts with the City of Buffalo as listed in Attachment C. ii. By December 31, 2010 (Approximately 28,560) All qualified properties that are serviced in the Monday and Tuesday pick- up district. iii. By July 1, 2011 (Approximately 28,560) All qualified properties that are serviced in the Wednesday and Friday pick -up districts. Subcontractors must meet all regulatory, bond and insurance requirements associated with their portion of the project. 12. At the time of this contract's termination, the totes supplied by the Contractor, with the exception of purchased totes, under this contract shall become the property of the City and the City shall reimburse the Contractor for the remaining value of the totes using the following formula: Each year a tote has been in use, the City shall own 20% of its value. Any tote supplied under this contract shall be solely owned by the City after 5 years in service. Also, the City at any time during the term of the contract can take ownership of all such totes for the prorated value detailed above. If the City were to elect to do so, the contractor would either reduce the monthly invoices by the amount of equity still un- owned by the City, divided by the months remaining in the term of the contract, or the contractor would remit a check payable to the City. The contractor shall report to the City every six months, the number and date of totes placed in service. The cost of totes and delivery shall be provided as part of the bid, September 30, 2010 51 except for the cost of the additional totes as specified in the Specific proposal Conditions I l d). 11 Proposal Form The contractor is to submit the attached proposal form stating cost to be paid to the contractor for the collection and hauling of recyclables as described in this section. If in the opinion of the contractor there is a more efficient formula to base the payment on, the City will entertain an alternate proposal described in an attachment to the proposal form. In addition, the City is sensitive to the fact that the costs of collection will vary from year to year. Surnmrily, the City will consider the contractor's use of index formulas to adjust costs on an annual basis. Any Inflation Index and/or Fuel Cost Adjustment shall be 75% of the agreed upon a generally accepted listed or published cost basis, and be rounded to the nearest tenth of a percentage point. Costs related to fuel must be reasonable for the work being performed, will be considered in the evaluation of proposals, and is subject to audit at the City's discretion for the life of the Contract and for a period of two (2) years after Services have ceased. September 30, 2010 52 Proposal Form Collection !jOn 2 for the Weekly Collection of Reevclable Materials with Totes The proposer shall provide for the collection of recyclable material delivered to a permitted facility. All information on this form must be completed for the proposal to be considered complete, The Contractor shall invoice the City for the weekly collection of recyclables of the totes) at the following rates: Annual Cost for first year (boxes and phased -in totes as per delivery schedule) of collection of curbside 64 gallon tote recycling: $ Annual Cost for years 2, 3, 4 and 5 of collection of curbside 64 gallon tote recycling: Annualized Cost to the City for delivery, procurement and service maintenance per warranty, of 75,900 totes over the five -year contract: Annualized cost per tote: $ x 75,9000 = $ total annual cost After five years, the totes will become the property of the City, and therefore if a five -year extension is given to the Contractor, this cost will no longer be charged to the City. Cost to the city for each tote, minimum order of 1000, delivered to the City Garage after the first year: $ Additional cost per tote with an imbedded LF RFID tag Further, an additional annual cost to the City may be charged to the City, for equipping the fleet utilized for collection of recyclables in the City of Buffalo, with RFID readers, such that the Contractor will be providing the City with daily /weekly set -out rates and addresses of participating parcels: Additional annual cost per tote, for a five year period, to equip trucks with RFID readers and provide the City with weekly set -out rates, and other detailed reports: $ September 30, 2010 53 SPECIFIC PROPOSAL CONDITIONS Collection Option 3 Conditions and Re€tuireme nts for the Bi- weekly Collection of Recyclable Materials with Totes The respondent shall submit proposals for the collection and hauling of recyclables with the requirement that the Contractor shall supply minimum 64 gallon totes to every parcel in the City that is serviced under terms described in this RFP, and collect recyclables placed in the totes on a schedule so described. All respondents are required to submit a proposal that reflects the general proposal conditions and the following specific proposal conditions and requirements for both options: 1. Term a. The term of the contract shall be for five years beginning July 1, 2010 (or another mutually agreed upon date) through June 30, 2015 (or five years from the mutually agreed upon contract initiation date); with optional renewal at the specified price for an additional five year term, at the mutual discretion of both the City and the successful proposer. 2. Collection a. The Contractor shall be responsible for the uninterrupted collection of recyclables at curbside at any and all residential and commercial (as defined in Chapter 216 of the City Code) users currently being serviced by the City's MS W collection. b. Recyclables shall be collected as "Single Stream" and delivered as "Single Stream" to a designated MRF. The Contractor shall be responsible for the collection of recyclables left in appropriate containers and that are placed no more than five feet from the curb. The Contractor shall be also be responsible to collect corrugated cardboard that is flattened and left no more than five -feet from the curb. c. All emptied recycling containers shall be placed between the sidewalk and the curb, and not on the sidewalk, road, or driveway, and in a manner that does not impede pedestrian or vehicular traffic. Containers shall be handled at all times as to prevent damage to the container and to reduce noise of handling and collection. Throwing or tossing of recycling containers shall not be allowed. The City will require residents that recyclablcs shall be placed in the provided containers and that the containers are to be used for recycling only. Cardboard, free from any plastic packaging, must be flattened and may be placed next to recycling containers. d. The City shall supply the Contractor with the locations of all of its occupied parcels (74,200) that pay the City's User Fee for MSW service. The list will be in an Excel format, with fields including house number, street name, and number of September 30, 2010 54 units per parcel. The amount paid to the Contractor will be subject to annual audit of the user fee and number of stops recorded by the contractor. e. The City will entertain any proposal where costs will be determined by the number of totes collected, however the quantity must be verifiable. For example, RFID tags imbedded into all totes, and RF1D readers on all trucks would be worthy of review. f. Collection shall take place Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. unless prior approval of the Commissioner of Public Works Parks and Streets is obtained. Collection of recyclables on Commercial Streets (Attachment A) may commence at 6:30 am. Commercial weekly collection shall be maintained throughout the entire five years of this contract. Bi- weekly collection and routing must follow the five- district plan plus the Commercial Streets as presented as Figure 1. The Contractor shall propose the split of the routes based on their experience. The Contractor shall work with the City to ensure success of a bi- weekly collection. program. Each district's recyclables must be collected on the day specified. The Contractor is advised that collection of solid waste by City crews will be occurring in the same districts and on the same days as recycling collection. The Contractor is advised to provide routing that eliminates conflicts with City operations as much as possible. g. The Contractor may cease collection of recyclables only if an emergency -only travel ban has been issued for the City of Buffalo or under direction of the Commissioner of Public Works when the conditions are deemed hazardous for Contractor's personnel or residents of City. h. The City collects solid waste from its residents on a weekly basis throughout the year, with the exception of Christmas and New Years Days. On those two holidays, and if the Holiday falls during the weekday, collection of recycling shall be postponed by one day, with Friday's collection being picked up on the next Saturday. The successful bidder must follow the same schedule as the City's MS W collection. i. Contractor shall report semi- annually to the City number of residential and commercial stops. The Contractor shall expect to service new parcels throughout the contract period as they begin to participate in the recycling program; similarly, there will be parcels that go vacant. The City, to its best ability, shall notify the Contractor monthly of all such changes to which parcels need, or do not need, recycling collection. 3. Recyclables & Contamination Recycling material to be picked up includes newspaper, magazines, catalogs, junk mail, phone books, office and computer paper, metal food and beverage containers, aluminum pie tins, small neck or screw top milk, water, juice, and soap bottles and jugs, brown corrugated cardboard, cereal boxboard, and shoe September 30, 2010 55 boxes, clear, brown, and green glass food and beverage containers, gable top milk and juice cartons, including those with spouts, and drink boxes. Other materials may be added as allowed by the designated MRF. b. Excluded from the definition of recycling materials are the following which the Contractor shall have no obligation to accept or process (herein the "excluded wastes "): any radioactive, volatile, highly flammable, explosive, toxic, biomedical, or hazardous material or any other waste or material not meeting the requirements of this contract. The term "hazardous material" shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency of jurisdiction. However, it is reasonable to expect that there is a chance of accidental mixing of such waste with the normal refuse stream. The contractor must be prepared to deal with such situations. The City must be contacted when the Contractor finds such material. The Contractor should be prepared to display good faith effort to remove contaminated recycling materials and materials that are not listed as recyclable. c. If the Contractor identifies items placed in recycle containers that are not acceptable as recyclable, it shall be responsibility of the Contractor to remove said items from the containers, collect the remaining recyclables, and return the offending items back into the recycling box. The Contractor shall leave a notice in or on the container describing acceptable items that may be set -out for recycling. d. In the event the materials were not left out in the correct manner (see Chapter 216 of the City Code for procedures) for collection, the Contractor shall notify the City in a daily submittal list identified as "Notice of Uncollected Materials ". This daily notice shall consist of a listing of address, type of materials uncollected and the basis for collection refusal. e. Contractor may be held responsible for contaminated loads at the designated MRF. Any load brought to the designated MRF that has greater than a 15% by weight contamination by Waste may be rejected by the operators of that MRF. If no arrangements can be made between the contractor and the MRF operator to make the load acceptable, the contractor will dispose of the load at the Eastside Transfer Station (ESTS) at no additional cost to the City. At no time will the City be responsible for any costs associated with hauling contaminated loads to the ESTS or costs associated with removing contaminated waste from collected recyclables. 4. Vehicles a. The Contractor shall furnish all vehicles, equipment, and labor necessary for a weekly curbside collection of the furnished totes. The Contractor is responsible for maintaining all vehicles and equipment, and that such equipment be kept clean, sanitary and free from obnoxious odors. All vehicles used in the performance of this contract shall meet all regulatory requirements for the hauling of the collected material. The vehicles shall be closed, not leak any wastes, and September 30, 2010 56 employees shall be required to clean up any spills that may occur as part of their collection duties. It is the Contractors responsibility to insure that collection vehicles shall be able to reach all locations where materials are to be collected and where the recyclables shall be processed (the designated MRF). b. The Trucks used for the collection of recyclables shall be kept clean at all times and must be clearly marked as "Recycling" trucks and identified differently from vehicles utilized by the City to collect regular garbage. 5. Delivery a. The Contractor shall be responsible for hauling and delivery of the collected recycling materials to their MRF, or another site designated by the City should the City decide to split the award of contracts for collections and processing. b. The MRF or transfer station to which the recyclables will be hauled and delivered, will be within ten miles of the City line. Any selected MRF or transfer Station shall be a New York State Department of Environmental Conservation (NYSDEC) approved materials recovery facility or Transfer station, and be open at least from 7:00 am until 5:00 pm Monday through Friday and on Saturdays that follow Christmas and New Years, when such holidays fall on a weekday. 6. Outreach & Complaints a. It is the desire and intention of the City to increase recycling participation by its residents. Proposers are invited to detail any ideas and programs they may wish to use in assisting the City in this endeavor, however, it is the intention of the City to develop such a plan after the contract is awarded, and in consultation with the successful bidder. b. The Contractor shall be responsible for responding to customer complaints forwarded by the City. Customer complaints shall be first answered and administered by the City. The City shall then forward prioritized complaints to the Contractor either by email or by FAX. If materials left out for collection were missed, the Contractor shall be responsible to make a reasonable and good faith effort to return to collect those items the day notified or by noon the following business day. The Contractor shall have a minimum of two phone lines, one fax number, and one e -mail dedicated to this contract for City correspondence and the forwarding of collection problems. The City requires twenty -four hour access to a supervisor and/or managerial personnel. 7. The City shall be responsible for all billing, accounting, and financial collection of its User Fee. In the event that a customer does not pay the required fees, collection efforts shall be undertaken by, and at the option of the City to recover any monies due. The Contractor shall be paid for services completed even though the City may have not collected the billed User September 30, 2010 57 Fee. At no time shall the Contractor cease collection services for lack of payment by residents, unless directed to do so by the City. 8. Payments: At the end of each month the Contractor shall submit an invoice to the City. The City shall pay the Contractor for services rendered in monthly installments. Each installment shall equal 1 /12th of the total annual price for curbside recycling services in the City under this Agreement plus additional services documented by the contractor such as added Commercial Contracts and recycling containers delivered. The City shall pay all uncontested portions of such invoice, minus any deductions due to Contractor's negligence, within sixty (60) business days of the receipt of the invoice. 9. The Contractor must have at least two years experience in the collection of solid waste and /or recycling materials from both residential and commercial sectors. Refer to the Qualifications section in the general proposal conditions. 10. Phase -in of City -wide Totes a) The contractor shall furnish and deliver wheeled 64- gallon totes (specifications are in Attachment E) to all properties serviced by the City's MSW collection, or as directed by the Commissioner of Public Works, Parks and Streets. It is the intent of City that the Contractor shall be required to supply one tote to each occupied residential and one totes to each occupied commercial property, except where so noted. (Over 95% of all parcels will require only one tote to be delivered. The City will place a limit of five (5) wheeled totes at any one parcel.) Included in the delivery of each tote, the contractor shall attach an informational brochure to the tote; the City shall supply the printed brochure. The distribution of totes shall occur, phased in, over a one -year period. Totes shall be clearly marked with "City of Buffalo" insignia and /or with a phrase "Buffalo Recycles ", or other such signage as approved by the Commissioner of Public Works. b) The owner or resident of a property can request from the Commissioner of Public Works that they be allowed to use recycling box instead of a tote; in such cases the commissioner can direct the Contractor to pickup recyclables placed in City- provided recycling boxes at that address. c) The Contractor shall be responsible for keeping the totes in reasonable repair during the term of the contract. The City will be responsible for the cost of replacing or repairing any tote that is damaged by the resident or by acts not the fault of the Contractor nor covered by the warranty of the totes as described in Attachment E. If a broken tote needs to be replaced or repaired under the terms of the warranty, the City shall direct the contractor to do so, at no additional cost to the City. d) The Contractor shall deliver to the City Garage an additional three hundred (300) totes as needed by the City. It shall be the responsibility of the city to deliver additional totes to parcels for new or existing customers, or to replace lost or stolen totes for existing customers. Additional totes may be requested by the City at any time during the contract term at no additional cost to the Contractor. f.) Within forty -five (45) days after the Contract approval, the Contractor shall supply to the City of Buffalo Commissioner of Public Works, Parks & Streets, for the September 30, 2010 58 Commissioner's approval, a plan detailing the process of tote distribution, including but not limited to, the manufacturer and specifications of the totes, number of trucks and crews, company information for subcontractors utilized for the tote manufacture and distribution, distribution routes or districts, timeline, and logistics of attaching promotional literature. All totes must meet attached specification. All totes roust be distributed before one -year after the start of the service period, with at least 50% being distributed six months after the start of the service period. As this process will be subcontracted, please note conditions on subcontracts in the General Proposal Conditions. The followinia timeline is a guideline, earlier completion of the distribution of totes would be beneficial to the Citv.: The Contractor shall deliver wheeled 64- gallon totes to all qualified addresses within the following timeline: g) The Contractor shall deliver wheeled 64 -gallon totes to all qualified addresses within the following timeline: i. By October 1, 2010 (Approximately 18,780) All properties that are serviced in the Thursday pick -up district and qualified properties on the established commercial streets as listed in Attachment A and all properties that have Commercial Contracts with the City of Buffalo as listed in Attachment C. ii, By December 31, 2010 (Approximately 28,560) All qualified properties that are serviced in the Monday and Tuesday pick- up district. iii. By July 1, 2011 (Approximately 2$,560) All qualified properties that are serviced in the Wednesday and Friday pick -up districts. Subcontractors must meet all regulatory, bond and insurance requirements associated with their portion of °the project. h.) All routes will be documented on detailed route maps that show the area to be collected. These routes shall be approved by the City prior to the initiation of any Service or tote delivery. Contractor shall split each City -wide service day into alternating (week 1 and week 2) collection schedules to be approved by the City. The City shall submit to the Contractor a list of all Units within the Contract Area categorized by Service day subject to change at the City's discretion. The Contractor shall submit to the City no later than sixty (60) days prior to implementation of Service a detailed map identifying service day boundary lines (by street) in the Contract Area. September 30, 2010 59 The Contractor shall submit detailed preliminary start -up route maps to the City no later than sixty (60) days prior to implementation of Service and finalized route maps no later than ninety(90) after the start of Service. Any subsequent changes in routing must be approved by the City twenty (20) workdays prior to implementation. All such changed routes must be documented in the same detail as the original maps supplied by the Contractor. In no event shall a change in a route or schedule result in a change of the scheduled day of service without the prior written approval of the City. 12. At the time of this contract's termination, the totes supplied by the Contractor, with the exception of purchased totes, under this contract shall become the property of the City and the City shall reimburse the Contractor for the remaining value of the totes using the following formula: Each year a tote has been in use, the City shall own 20% of its value. Any tote supplied under this contract shall be solely owned by the City after 5 years in service. Also, the City at any time during the term of the contract can take ownership of all such totes for the pro -rated value detailed above. If the City were to elect to do so, the contractor would either reduce the monthly invoices by the amount of equity still un- owned by the City, divided by the months remaining in the term of the contract, or the contractor would remit a check payable to the City. The contractor shall report to the City every six months, the number and date of totes placed in service. The cost of totes and delivery shall be provided as part of the bid, except for the cost of the additional totes as specified in the Specific Proposal Conditions 11 d). 13. Proposal Form The contractor is to submit the attached proposal form stating cost to be paid to the contractor for the collection and hauling of recyclables as described in this section. If in the opinion of the contractor there is a more efficient formula to base the payment on, the City will entertain an alternate proposal described in an attachment to the proposal form. In addition, the City is sensitive to the fact that the costs of collection will vary from year to year. Summarily, the City will consider the contractor's use of index formulas to adjust costs on an annual basis. Any Inflation Index and /or Fuel Cost Adjustment shall be 75% of the agreed upon a generally accepted listed or published cost basis, and be rounded to the nearest tenth of a percentage point. Costs related to fuel must be reasonable for the work being performed, will be considered in the evaluation of Proposals, and is subject to audit at the City's discretion for the life of the Contract and for a period of two (2) years after Services have ceased. September 30, 2010 60 Proposal Form Collection Option 3 for the Ri- weekly Collection of Recyclable Materials with Totes The proposer shall provide for the collection of recyclable material delivered to a permitted facility. All information on this form must be completed for the proposal to be considered complete. The Contractor shall invoice the City for the biweekly collection of recyclables of the tote(s) at the following rates: Annual Cost for first year (boxes and phased -in totes as per delivery schedule) of collection of curbside 64 gallon tote recycling: $ Annual Cost for years 2, 3, 4 and 5 of collection of curbside 644 gallon tote recycling: $ Annualized Cost to the City for delivery, procurement and service maintenance per warranty, of 75,900 totes over the five -year contract: Annualized cost per tote: $ x 75,9000 = $ total annual cost After five years, the totes will become the property of the City, and therefore if a five -year extension is given to the Contractor, this cost will no longer be charged to the City. Cost to the city for each tote, minimum order of 1000, delivered to the City Garage after the first year: $ Additional cost per tote for application of an RFID tag $ September 30, 2010 61 SPECIFIC PROPOSAL CONDITIONS Collection & Proeessin2 Option Conditions and Requirements for the Combined Services of Processing of Reevelable Materials and the Collection of Reevelable Materials All proposers are required to submit a proposal that reflects the general proposal conditions and the specific proposal conditions and requirements from the Processing of Recyclable Materials section and the specific proposal conditions and requirements from one of the three Collection of Recyclable Materials sections. The City personnel believe that there are synergies that should be afforded by one contractor performing the combined collection, hauling and processing of recyclables. Also, the City personnel believe that the synergies will be afforded to the collection and hauling of recyclables as the processing of recyclables will be performed by the same contractor. 2. if the winning proposer of the Processing of Recyclable Materials section is not the Preferred Processor of the winning proposer of the Collection of Recyclable Materials sections, the City will have the option to enter into negotiations and offer the winning bidder of the Collection of Recyclables Contract the opportunity to utilize their Preferred Processor of recycled materials. In order for the City to accept this option, the winning collection contractor must at a minimum: a. Clearly have indicated on their proposal the preferred name and location of a New York State DEC permitted MRF or Recycling Transfer Station b. The operators of the preferred site must have submitted a complete proposal to this RFP, including all required bonds, insurance certificates, and permits for operation. c. Meet or exceed the financial and operational terms of the Proposal for Recyclable Processing the City has determined as the best response. September 30, 2010 62 ILLUSTRATION 1 Residential Participation Rates, October, 2007 Septembu 30, 2010 63 Fee, City of Buffalo F CV1.0. - rra,-,s --Mj ReRecyclingParficipabon Rate 2007 j September 30, 2010 64 ATTACHMENT A List of Commercial Streets September 30, 2010 65 List of Commercial Streets 2166-3435 Bailey 212 -2066 Clinton 498 -1905 Hertel 222 -3404 Main 28 -1094 Elmwood & 200 -399 South Elmwood 7 -1065 Grant 108 -1395 Delaware 18 -1180 Abbott 15-256 Allen 136 -2461 Seneca 36 -1640 Broadway 64 -1835 Niagara 23 -2381 Fillmore 92 -1556 East Delevan 110 -2360 South Park 13 -670 Ontario 24 -475 Linwood 12 -417 Summer 62 -750 Virginia 295 -791 Washington 174 -561 Franklin Downtown Oak, Elm, & Genesee Total number of Parcels: 3,792 Total Number of Required Totes: 4,258 September 30, 2010 66 ATTACHMENT B Sample of Address List of Occupied Parcels September 30, 2010 67 Gall ;qd "Jot .- '01 078200 391 4 R2 1 220 - TWO FAMILY DWELLING 1 0 0. 1` 1 :01074300 ! 3941ERSEY C2 411- APARTMENT 3 or 0. 3' 1. 01078300 395JERSEY 112 220 - TWO FAMILY DWELLING 1. 0 0: 1 2 :01074400 39 &JERSEY - - R2 220 - TWO FAMILY DWELLING - 2° 0 0:: 2: ;01078400 399JERSEY R2 220 -TWO FAMILY DWELLING 1 0 U 1 1 01075500 i 4011JERSEY 7R2 .220 - TWO FAMILY DWELLING 2 0 0, 2 1 01074600 404JERSEY R1 210 - ONE FAMILY : 0 2 0 2! 1 .01078700 ' 409JERSEY TRI 210 - ONE FAMILY DWELLING 0. 1 0 IL 01074700 414 °R2 .220 -TWO FAMILY DWELLING 0. 0 1 1' 1 01074500: 420°JERSEY C2 411- APARTMENT 5 0. 0 5? 2 :01078900 425JERSEY -R2 .220 -TWO FAMILY DWELLING 0 0 1 1 , 1 86008100 . 103JEWETT AVE R2 220 -TWO FAMILY DWELLING 1 0 0i 1 1 X06006200 106JEWETTAVE °:R2 220 -TWO FAMILY DWELLING 2 0 0 2 1. `06006300 108': EWETT AVE R2 220 - TWO FAMILY DWELLING 2' 0 0 2 1= ;06006400 ' 112 JEWETT AVE �R2 220 -TWO FAMILY DWELLING 2 0. 0 2 1 .06006500 116 :JEWETTAVE R2 220 -TWO FAMILY DWELLING 2. 07 0 2' 07156800 146 AVE C2 411- APARTMENT 4 0; 0 4; 2 07156900 . 148JEWETT AVE R2 220 -TWO FAMILY DWELLING 1: q 0 1 1; Total Parcels: 74,200 Including Commercial Streets Excluding Commercial Contracts "Recycling Totes" column is only for a reference for Possible city-wide tote distribution. The City does not keep a record of how many blue recycling boxes are utilized weekly. September 30, 2010 68 ATTACHMENT C List of Commercial Contracts September 30, 2010 69 206BIDWELL BUFFALO SEM 2 . 85:AMHERST EAST CHESED CORP. CC :411 -APARTMENT 3 Q -..0: 5 177AMHERST EAST CHESED CORP. CC;411 - APARTMENT 3 0 0 1 JERICHO ROAD 184 BARTON ; MINISTRIES, INC. CC ;62{3 RELIGIOUS 0 d 0 2 :158 CHENANGO ST HOUSING :DEVELOPMENT FUND 158 CHENANGO ICO INC F CC -411 -APARTMENT 5 OF 0 2 51 WEST CHIPPEWA, X482 - DOWNTOWN ROW TYPE 42CHIPPEWA WEST :INC. CC (DETACHED) 0 0 1 2 CHIPPEWA 67CHIPPEWA WEST DEVELOPMENT INC CC 425 - BARS 41 0 U 2 482 - DOWNTOWN ROW TYPE _ 6$81CLINTON BEYER BRUCE L CC :.(DETACHED} 0;' 0 Q 1 17 COURT STREET 17COURT ASSOC. LLC GC 464 - OFFICE BUILDING 5' oi OF 2 43 COURT STREET 43 :COURT REALTY CO CC 1464 - OFFICE BUILDING OF 0 0'; 2 125EDWARD AGOSTON MICHAEL P :CC ;411 - APARTMENT 0 0 10° 3 - - KHOURY SAMIR, 482 -DOWNTOWN ROW TYPE 206 ELK KHOURYMONA CC (DETACHED) 7 O, Oi 3 ;PILGRIM VILLAGE 903 ELLICOTT 'ASSOCIATES CC :411 - APARTMENT © 0' 1 1 PATRONAGGIO 481 - DOWNTOWN ROW TYPE 294 FERRY WEST ;RUSSELL & PATRICIA CC ;(WICOMMON WALL) 0 0 0: 1 8001FERRY WEST rKOCHANSKI ROBERT CC 411 -APARTMENT 13 0, 0 5 800'FERRY WEST ODDO ELEANOR CC ;411 e APARTMENT 9; OE o NEWBURGH 482 - DOWNTOWN ROW TYPE 938'`GENESEE COALITION INC GC ; (DETACHED) 1' Q Q 1 257 GENESEE WEST 257 W. GENESEE, LLC 'CC `464 - OFFICE BUILDING i 0 or 0 1 FINOCCHI CARMEN J :482 - DOWNTOWN ROW TYPE 362 KENMORE JR. CC ;(DETACHED) 5 0 0 SISTERS OF ST MARY 245LAFAYETTE AVE OF NAMUR INC CC 620 - RELIGIOUS 21 0; 0 1 771.LAFAYETTE AVE `SETTERS RUTH W CC :411 _APARTMENT 0 QI Q'; 1 MAIN SENECA 14LAFAYETTE SQ CORPORATION CC ;464 - OFFICE BUILDING 40 LAKEFRONT GULL LANDING CC _ 5 2001LAKEFRONT ADMIRALS WALK 6 $ September 30, 2010 70 217 -` HEFFERN ROBERT J & 1229 Jefferson Ave Ladder 07 209 Forest Ave Fire Engine 19 703 Tonawanda St 311LAKEFRONT :KATHLEEN B CC210 - ONE FAMILY DWELLING 1 0 4 8 St. @ Chen PFAFF PHILIP & T.J. Dulski Community Fire Engine 381 Ladder 98 Colvin Ave 13 / Records Retention Father Carmichael T.MAYFAIR KRISTEN CC 210 - ONE FAMILY DWELLING 0 0 0` 1 Schiller Park Community ;PILGRIM VILLAGE Center 1 00 MICHIGAN :ASSOCIATES GG All -APARTMENT 2 94 0 4 26 MISSISSIPPI 26 MISSISSIPPI STREET LLC CC'A64 - OFFICE BUILDING 0 0 0 2 KISSLING INTERESTS 165 °NORTH ST ILLC THE CC :411 - APARTMENT _ _ ... - 0 0 0,. 4. CITY OF BUFFALO - KLEINHANS MUSIC i 614 - AUDITORIUM, EXHIBITION OR 360 PENNSYLVANIA :HALL CC EXPOSITION HALL 0 0 0' 2 233 RICHMOND BIELECKI ROBERT :CC All -APARTMENT Or 0: 01 3 :LOVE WEICHMANN LTD, ;PROFIT HOUSING CO 12 292VIRGIL DELSON INC CC ;411 - APARTMENT 5 0 0 8 :SUNSET BAY PARK, 65. INC. :CC All - APARTMENT 0; 0 0' 1 CITY OWNED PROPERTY 65 Niagara Sq City Hall 195 Court Street Fire Headquarters 341 Seneca St Police Garage 1342 Jefferson Ave Merriweather Library 280 Porter Avenue Niagara Branch Library Fire Engine 16 & 21 l 1229 Jefferson Ave Ladder 07 209 Forest Ave Fire Engine 19 703 Tonawanda St Fire Engine 26 1170 E Lovejoy St Fire Engine 28 700 Seneca St Fire Engine 321 Ladder 5 500 Rhode Island Fire Engine 371 Ladder St. @ Chen 04 T.J. Dulski Community Fire Engine 381 Ladder 98 Colvin Ave 13 / Records Retention Father Carmichael Police District C 1 Ferry - 695 E Ferry St Fillmore Station 341 Seneca St Police Garage 1342 Jefferson Ave Merriweather Library 280 Porter Avenue Niagara Branch Library September 30, 2010 71 George K. Aurther 2056 Genesee St Community Center 382 Massachusetts Massachusettes Ave Community Center North Buffalo Community 203 Sanders Rd Center Northwest Community 155 Lawn Ave Center T.J. Dulski Community 129 Lewis St Center Father Carmichael 83 Leddy St Community Center West Side Comm 161 Vermont St Services Schiller Park Community 2095 Genesee St Center September 30, 2010 71 35Cmzenovia St Tosh Collins Community i 2 Hennepin Park Hennepin St Community Center ' 2. 114 Hickory St JFK Community Center � 2 i | Fulton &Louisiana Lanigan Community ' S Center 1/ DolavanK8ose|ks | | 88O Moselle 8t Community Center 1i PraUAWiUert Community 106 Pratt Street Center | 1 104 Maryland Father Belle Community Street Center | � Fruit Belt Neighborhood i | 326H' hOtnoa� ~ FA� | 1' Hickory Street i . 46Q Hickory Street Community Center i 1 25O5 Niagara & Riverside Community / Vulcan Center / 995 Kensington Ken-Bailey Comm Ctr | 1 Asmpasa'N1attera Rees Street Community Center 2 389Pmdenawsk/ Po|uniaHaU4xien Drive Old First Ward ! 70 Vincennes Community Center � C,R.U.C1Al.(ynrmar 378 Urban P8#62) 1O Quincy Street Lincoln Senior Center Humboldt Parkway Museum ofScience | u Jefferson Avenue Wiley Sports Pavilion / 1! 1405 Elmwood Ave Buffalo Historical Society 2 1 Symphony Circle K]eimhana Music Hall 2 846 KAe|n St Ghaa'a Buffalo Theatre i 8| ! ! 1340 Jefferson Ave AppoUoTheatre 1| 3O Marine Drive Naval Park Museum ! 1� 241 Gibson Broadway Market 3�i /\UinnnPouVRacnaat|on i ! � 40 Rees Street BNB . Cmzenove Indoor Ice � CozenoviaEt Rink 2: Abbott Road Cazenovia Pool l Porter Ave Centennial Swim|nQPool l/ 258 Louisiana St Conway Fiu|U�8|m|�a, � | Std Tonawanda Street Cnawler Shelter House | Lincoln Parkway Delaware Park Casino ' 2 Houghton Park Field 38 Spann St House/Pool 1. Kensington Ave Kensington Pool | 1! 15G Tacoma Ave Lafayette Ice Rink i 2! Quincy St Lincoln Park Field House ! / 1! September 30,2010 /2 1171 E Lovejoy EK Lovejoy Natatorium | ' ! f Best Street ""= K4mmb�nPno|B�U�Hnuee 1' | McCarthy Park Shelter Dunlop Avenue House 2/ yNLK Garages and | ! ' Humboldt Pkwy Greenhouse 2| | | 84Parkside Ave ParkmideLodoe - � � / River Road Riverside Ice Rink/Pool / 1 4O7 Beard Ave Shoshone Pool 2 Ohio Street T|Mt Farm Visitor Center 2 Genwaee'yNose||e8L 1532 Genesee St. Clinic 1 938 Genesee 8t. @ King Cultural Ch.(King Rich Urban Life Center) 2 38ON Oak 8t Small Animal Shelter T Erie Basin Marina- Hatch � ' 328 Erie Street Restaurant ( i | 2! VVab»r Pumping Station ! ' Porter Ave (Col VVmn1) i 1! TOTALTDTE8 120 TOTALPARC2LS 103 September 3 0, 201 73 ATTACHMENT D Recyclable Items List September 30, 2010 74 Collected Recyclables List newspapers magazines paperback books catalogs junk mail phone books paper egg cartons office and computer paper shredded paper metal food and beverage containers aluminum pie tins plastic small neck or screw top milk jugs plastic water, juice, and soap bottles and jugs #1 and #2 plastic food and beverage containers #3 through #7 corrugated cardboard cereal boxboard, and shoe boxes clear, brown., and green glass food and beverage containers gable top milk and juice cartons including those witb spouts, and drink boxes September 30, 2010 75 ATTACHMENT E Specifications for 64 Gallon Totes September 30, 2010 76 Proposal to supply our requirements for wheeled refuse /recycling containers in approximately 65- gallon size which consist of injection or rotational molded, high/medium- density polyethylene body and lid, durable plastic, two wheel assemblies, a solid steel axle, and a lift bar. Containers must be able to be dumped by both semi - automated and fully automated truck systems_ Each: bidder is required to submit a full specification for the containers offered a statement of availability of spare parts and a description of the terms of the ten -year warranty required. Bidder must supply with bid complete technical data on the particular container being bid on. Bidder must provide a detailed user's list of exactly the same make and model of the cart which the City may use for references regarding the quality of products and service records of the manufacturer. The product being bid must have been in regular service for a minimum of three years and have been in regular service in at least five communities that required 1 5,000 or more carts. All variations and/or exceptions must be documented, referencing applicable paragraphs and explained in detail on a separate page titled "Exceptions ". If the City determines by any means that exceptions exist which were not identified on such list, then that bid may be disqualified as being nonresponsive. If no exceptions are taken, it will be assumed that the bid meets all specifications as stated. Evaluation will be based on a unit price per tote including delivery to street addresses provided by the City, overall responsiveness to bid specifications. If during the term of the contract entered into as a result of this bid, the cost of material(s) is /are increased through no act on the part of the contractor, other than to comply with any prevailing rise in the Market Price(s) of material(s) used, it shall be the Contractor's responsibility to notify the City in writing of the cost increase(s). Prices shall be increased only to the point of absorbing additional costs of material paid for by the Contractor. Adjustments to the bid price are only allowed in six month intervals from the date of bid acceptance. At any time during the term of the contract, the City may request that the Contractor provide written documentation from the manufacturer /supplier of the materials to substantiate price increases relative to the prevailing Market Price. The City reserves the right to reject any price increase and to cancel any and all items under the contract for which price increases are considered unacceptable. September 30, 2010 77 GENERAL Each wheeled rollout container shall consist of a body, lid, wheels, axle, metal lift bar and necessary accessories 1. The wheeled refuse container shall be designed to contain solid waste materials including garbage, rubbish, refuse and yard waste. The wheeled refuse container shall be provided with an adequate handle and wheels so that it can be pushed or pulled with little effort. 2. The body and lid of the container shall be high or medium density polyethylene (H/MDPE). The container shall be manufactured with up to 10% post consumer recycled polyethylene. All materials shall be hot melt compounded and that is the only acceptable procedure. Dry blending is unacceptable. The cart is to be produced with fully recyclable H/MDPE resin which will allow the container to be recycled after use. 3. Minimum wall thickness of the body shall be 0.160 - 0.175 inch. The thickness of the containers critical wear points (cart bottom, handle, lift bar, etc.) must be no less than 0. t85 inch. There shall be a wear ridge or drag rail molded around the perimeter of the container bottom to prevent abrasion wear - through. This wear ridge shall consist of a molded on solid resin material. Add on pads are not acceptable. 5. An integrally molded reinforced upper "pouch" and a rotating non - plastic front catch bar shall be the only acceptable method of attachment to the refuse vehicle cart dumper system. Bolted metal frames are not acceptable. The bar must be 1.0" o.d, and must be minimum 15 gauge wall thickness. 6. Container body interior and exterior surfaces should be smooth. The external and interior surface should be free shrink holes, cracks, blow holes, and webs. The interior should be free of crevices and recesses where refuse could become trapped, thus preventing complete emptying of the contents. The top rim of the container body should be reinforced with a rib that extends around the entire perimeter. The rim should have a structural grid for extra support, which will add stability to the container and provides a flat surface for the lid. This reinforced rim shall have a raised inner perimeter to serve as a barrier to escaping odors, intrusion of pests, and to prevent moisture from entering the cart. The handles should be integrally molded into the container body at the top of the rim. 7. All plastic parts are specifically prepared to be colorfast so that the plastic material does not alter appreciable in normal use. The container is to be protected against ultraviolet rays with a UV stabilizer additive. Additives shall be hot compounded into the resin. The color of the cart body and lid for all cart sizes shall be determined at a later date based on manufacturer's standard colors such as black, gray, green, and blue. 8. Axle to have a minimum 518" diameter and shall be around 23" long and is to be manufactured from alloy steel that has been coated with zinc plating to prevent rust and to be mounted on the cart body through axle fittings that are integrally molded as part of the body providing permanently lubricated bearing surfaces. The axle mounts and lower attachment point must be sealed to prevent leakage. September 30, 2010 78 9. Wheels to be made of injection molded high - density polyethylene. The tread to be made of PVC plastic, enabling a quieter roll. Wheels to be able to snap on to cart by means of self- locking hub with internal wheel- retention details that snap into a corresponding groove on the axle. Cotter pins are unacceptable. The wheels are to be slightly recessed into the container body. The overall diameter of the wheel is to be around 8'710'712" respectively for 35/65/95 gallon containers with a width of around 1 %" to 2 2/3 ". Each wheel must be load rated for 200 pounds. 10. The containers shall be stable and self balancing when in the upright position either loaded or empty. Containers shall remain upright when empty with the lid open in winds blowing at a minimum 35 miles per hour. 11. Lid should be one piece construction molded polyethylene, minimum thickness to be 0.140 inch. The lid must be domed to facilitate water runoff. Lid should be attached to cart body with four or more hinge pin points along the rear edge of the cart body. Metal hinges are not acceptable. The lid shall be able to rotate 270 degrees. The lid when closed shall be able to rest on the top rim with a minimum 1 /z" overlap of the container body to allow for a secure tight fit around the entire perimeter between the lid and cart body, to prevent rain, insects, and vermin from entering the container. Odors shall be contained when lid is closed. A molded in rain lip on the top rim of the container base prevents rain from entering. The lid and container when empty shall be able to withstand high winds without tipping over or causing lid to open. The lid must incorporate an integrally molded 1.0 inch diameter handle so that the lid may be raised by hand without coming into contact with the bottom edge of the lid. The handle must extend across the full width of the front of the cart. 12. The container shall be easy to wheel whether full or empty and shall be designed with a foot operated tilt feature designed into the middle axle area to facilitate ease in tipping. 13. Each container shall have a nine digit serial number, 1 1 /2 ", hot stamped in white on the front face of its body to facilitate distribution and control. The customer's name and or logo will be able to be hot stamped on container's lid or body. All carts to have safety and use instructions molded on lid along with load ratings and two large visible arrows and the words "ARROWS TOWARD STREET ". 14. Warranty 14.1 The bidder shall warranty their container, container lid, wheels, axle, all necessary hardware and other component parts for a minimum of ten (10) years from the date of acceptance and shall provide a no- charge replacement of any container or component parts which fail because of: Improper or inadequate materials Defective workmanship Inadequate rigidity or structural stiffness Insufficient resistance to weathering Any other cause or failure to perform as originally designed Not suitable for the intended use as described herein 14.2 Failure of the container body shall require a full replacement of the container at no cost to the buyer. Container repairs will not be acceptable. Under this provision, the bidder assumes all costs related to parts replacement including applicable freight, labor and equipment. September 30, 2010 79 14.3 Bidder must submit a bid document which clearly states the exact warranty of the bidder. The bidder's warranty is understood to include, whether stated in the bidder's warranty or not, the following coverage: Failure of the lid to prevent rain or snow from entering the container body Damage to the container body, lid or any component part due to the opening or closing of the lid Failure of the upper lift bar area or lower catch bar from damage during interface with lifting devices Damage or cracking of the container body through normal operating conditions Failure of the container body or lid to maintain its original shape Failure of the container wheels to provide continuous easy mobility as originally designed. Wheels must remain in place and not wear through Failure of any metal components to remain free of excessive rust and corrosion Failure of any portion of the bottom of the container body to remain impervious to wear through despite repeated contact with rough and abrasive surfaces 15. The vendor shall guarantee the continuous availability of parts over the ten (10) year warranty period and submit with their bid a last of alternative suppliers with a plan of action to fulfill this guarantee should the successful bidder become insolvent during the ten year warranty period. Vendor shall state their local vendor for warranty service, parts and labor. 16. Must meet the standards set forfih in ANSI Z245.30 -1999 and ANSI Z245.60- 1999. Standards were designed to simulate the type of situations the container would encounter during actual use. Product must be ISO 9001 registered. 17. Assembly and delivery of carts is to be included in base bid. Bid prices to include distribution costs per unit. Distribution shall include delivery of one piece of informational literature provided by municipality. 18. The bid should include a cost for standard RFID tag to be installed on each tote. This cost of the RFID shall be in addition to the proposed cost of the totes, and be submitted on a separate line. 19. The bidder shall indicate the number of years the company has continuously produced /manufactured carts for automated and semi - automated refuse and recycling collection. Bidder must have a minimum of five years experience. Bidder must provide contact information of at least three municipalities currently utilizing 15,000 or more of the cart units proposed in response to this bid request. SPECIFICATIONS FOR 65 GALLON CART Approximate dimensions should be: Cart Body Height: around 38.75" Overall Height: around 41.5" Overall Width: around 24" Overall Depth: around 27" Empty weight: 30 pounds Capacity: 220 pounds Resin weight: around 27 pounds (excluding wheel, axle, hardware) September 30, 2010 80 ATTACHMENT F City of Buffalo, Standard General Provisions including EEO Policy and Living Wage Ordinance September 30, 2010 81 PAPERS, CITY RECORD, BUFFALO NEWS (Submit proof to the Commissioner of Public Works, Parks & Streets, City Clerk, Purchasing, Contract Compliance Office) LEGAL NOTICE TO BE PUBLISHED September 30, 2010 82 SECURITY BID BOND, CERTIFIED CHECK., OR BANK DRAFT AMOUNT $ Accompanying this proposal is a SURETY COMPANY BID BOND, CERTIFIED CHECK, OR BANK DRAFT in the penal sum of $200,000.00, in conformity with Section 82 of Chapter III of the Ordinances of the City of Buffalo. If proposal exceeds $250,000.00, then only a BID BOND will be accepted. I further declare that no officer or employees of the City of Buffalo are directly or indirectly interested in this proposal, nor in the labor, or the materials to which it relates, nor in any portion of the profits, thereof, that said proposal is made and contract will be made without collusion with any other person or persons presenting any proposal for the said labor and materials, and that said proposal is in all respects fair and just. This bid is submitted with the knowledge and understanding that the Bidder herein hereby expressly consents to be bound by the "Specifications" and "Instructions to Bidders" which have been issued herein and which form a part of this proposal. /Ii1 Acknowledge Receipt of Addenda: Date Received #1 #2 #3 #4 #5 ) September 30, 2010 83 PROPOSAL FORM (Cont'd) By submission of this bid each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at 'independently without collusion, consultation, communication, or agree- ment, for the purpose of restricting compctition, as to any matter relating to such prices with any other bidder or with any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor, and (3) No attempt has been made, or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. f 3 [ W Y I t i": i; (SEAL) ADDRESS TELEPHONE Sworn to before me this day of Notary Public, Erie County, New York Commissioner of Deeds in and for the City of Buffalo, New York September 30, 2010 84 P93 PROPOSAL FORM (Coat' d) To facilitate correct drawing and execution of contracts, Bidders shall supply full information concerning legal status as follows: NAME Corporation, Co- Partnership, Individual, Trade Name (Strike out classification not applicable.) ADDRESS OF PRINCIPAL OFFICE: Street City State Zip Code BUFFALO BRANCH OFFICE ADDRESS: Street City State CONTRACTOR MUST SUBMIT CERTIFICATION OF INCORPORATION IN NEW YORK STATE OR MUST SHOW PROOF OF AUTHORIZATION TO DO BUSINESS IN NEW YORK STATE. If Foreign Corporation, state if authorized to do business in the State of New York: Yes No If Corporation, Titles, Names and Address of Principal Officers and Stockholders: TITLE NAME ADDRESS PRINCIPAL OFFICERS PRINCIPAL NAME ADDRESS STOCKHOLDERS If Co-- Partnership, Names of Partners and Addresses are: If doing business under Trade Name, Assumed Name or Firm Stele: Name of Owner Certificate Filed (Place) P -4 (Date) September 30, 2010 85 a.t �_- City of Buffalo Living Wage Commission� APPLICATION FOR CONTRACT WITH THE CITY OF BUFFALO Living Wage Language for City Contracts Living Wage Ordinance Contractor shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code § 96 -19), if applicable. The Ordinance applies to contracts in which the City pays or receives over $50,000 and the employer has at least ten employees. It does not apply to contracts for professional services. Compliance includes: . Paying all covered employees a living wage. Covered employees are all employees, full or part -time employed in, on, or for the project or matter subject to the contract, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, period of employment and wage rate of all employees covered by the Ordinance. Posting two copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. Informing employees making less than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from Contractor. Violating the Ordinance will enable any aggrieved employee to file an action against the contractor for damages and/or a grievance with the City's Living Wage Commission. The City has the discretion to terminate the contract and pursue any other legal remedies if Contractor fails to comply with the Ordinance. The City's Living Wage Ordinance applies to contracts for services in which the City pays — or receives — more than $50,000 per year, and the contractor employs more than ten people. If you are bidding, responding to an RFP, or otherwise planning to make a contract with the City, you must complete this form, a copy of which will be forwarded to the City's Living Wage Commission. Your subcontractors need not file a separate Application, but they must pay a living wage. If you win the contract, you and your subcontractors will file quarterly reports with the Living Wage Commission. You must certify that you will pay at least the hourly wages mandated by the Ordinance. As of January 1, 2010 the hourly rates are $10.70 if the employee receives health benefits from the employer, and $12.01 if the employee does not receive health insurance. There will be an automatic east -of- living adjustment each January 1. There are two exceptions to the Ordinance. Professional contracts such as legal, architectural, or engineering services are not covered by the Ordinance. Also, persons employed in construction work covered by prevailing wage laws are exempt from the Ordinance. The City department responsible for the contract should forward the completed Application for Contract of the employer chosen for the contract to: Living Wage Commission, c/o Cornell University ILR, 237 Main St., Suite 1200, Buffalo, NY, 14203 September 30, 2010 86 L Company Information 2. Please describe the specific project or service_ for which the contract is sought. 3. If you answer "Yes" to any of these, you need tot complete parts S, 6, and 7 ■ i F M 87 5. Please describe the employees who will work on this contract. Attach additional sheets as needed. 7 Please provide a signature by an official of your company ivith tl €e legal authority to snake binding commitments. 1 certify that if awarded a City contract 1 will fully comply with the Living Wage Ordinance. Signature: Print: Title: Date: September 30, 2010 88 DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS DIVISION OF BUILDINGS Approved by Corporation Counsel, March, 1996: KNOW ALL MEN BY THESE PRESENTS, that we, , as principal, and a duly incorporated company authorized to guarantee the performance of contracts and to do business in the State of New York, as surety, ARE HELD AND FIRMLY BOUND INTO THE CITY OF BUFFALO in the sun of DOLLARS lawful money of the United States of America, to be paid to the said City of Buffalo, its certain attorney, or assigns, for which payments, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. Sealed with our Seals. Dated the day of , WHEREAS, the said principal obligator has herewith presented a proposal in writing to the said City of Buffalo, to IN ACCORDANCE WITH PLANS AND SPECIFICATIONS PREPARED UNDER THE DIRECTION OF THE DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS OF SAID CITY: PI3_ I September 30, 2010 89 NOW, THEREFORE, the condition of this obligation is such that if the said princi- pal obligor, in case said proposal is accepted by the City, shall and will whenever required enter into a written contract with the City for the performance of the work or improvement mentioned in said proposal in accordance with the terms and conditions as provided in the plans and specifications, and upon execution of such contract, shall and will furnish a bond for the faithful performance of the same, then this obligation to be void, otherwise of full force and effect; provided and it is expressly agreed that the penal sum of the bond in the amount of ten percent therefore shall be and become the minimum amount of damages suffered by the City as liquidated damages if said principal obligor shall fail to enter into such contract and give the security for the performance of the same, as herein required. STATE OF NEW YORK ) COUNTY OF ERIE ) SS CITY OF BUFFALO ) On the day of , before me came to me personally known to be the individual described in and who executed the foregoing bond, and he acknowledged to me that he executed the same. Notary Public, Erie County, New York Commissioner of Deeds - September 30, 2010 90 STATE OF NEW YORK } COUNTY OF ERIE j SS CITY OF BUFFALO ) On the day of did depose and say that he resided in the before me personally came to me known, who being by me duly sworn, that he is of the corporation described in and which executed the above instrument, that he knows the seal of such corporation; that the seal affixed to said instrument with such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public, Erie County, New York Commissioner of Deeds STATE OF NEW YORK j COUNTY OF ERIE j SS CITY OF BUFFALO ) On this day of , before me personally appeared to me known and known to me to be one of the members of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. Notary Public, Erie County, New York Commissioner of Public Works, Parks & Streets Each member of a partnership must sign. If the foregoing bond is acknowledged without the State of New York, a certifi- cate as to the genuineness of the signature of the Officer taking the acknow- ledgement must be attached. PB -3 September 30, 2010 91 AFFIRMATION ACTION POLICY STATEMENT CITY OF BUFFALO "It is the policy of the City of Buffalo to organize and administer its operations and affairs to provide the greatest possible benefit to all residents of the City of Buffalo, and to insure that equal opportunity to participate is provided to minority group members, women, minority - owned business enterprises and women -owned business enterprises and that the work force and recipients of the benefits of business opportunities generated by the City will reflect the diversity of the City of Buffalo to the greatest extent possible. A factor to be considered in the awarding of all incentives and contracts, including without limitation, purchases, land dispositions, awards and grants, and in determining whether a party is a "responsible bidder" will be such party's demonstrated willingness and ability to reflect the diversity of the City of Buffalo. In all of its hiring, promotions, purchasing and contracting. The City is committed to providing appropriate assistance in that development and implementation of such policies, upon request, to parties wishing to do business with the City of Buffalo. All bidders are hereby notified of revisions to the City of Buffalo Charter, Chapter 96, Bonds and Contracts which states that bidders must submit a signed statement with their bid ( Form 2A --- Page EEO 2) stating that they will work towards a minority workforce goal of 25 %, and women workforce goal of 5 %. Also, Form 2B — Page EEO 3 must be completed by successful bidders indicating businesses to be utilized towards the goal for minority business enterprise of 25% and women business enterprise of 5% in compliance with Chapter 96 (Bonds and Contracts) of the City Charter. Following award of this contract the successful bidder must complete Form 2B — City of Buffalo MBE /WBE Utilization Report to demonstrate good faith efforts taken by the contractor to ensure a diverse workforce and minority business participation in this project. The Contractor will be asked to provide the following information: 1. The name and addresses of each MBE /WBE the contractor will utilize, indicating whether the contractor merely intends to use each firm or the contractor has actually executed a contract, 2. The purpose for which each MBE /WBE has been or will be utilized. 3. The dollar amount to be expended for MBE /WBE. 4. The total dollar amount to be expended for MBE /WBE by each prime contractor. 5. If the bidder is an MBE /WBE. EEO —1 September 30, 2010 92 ►... A • .. , .� r Al r _ k 1. - The (Company Name) hereby states that we will make good faith efforts to ensure a diverse workforce and minority business participation in for this project in accordance with the City of Buffalo Charter, Chapter 96, Bonds and Contracts. (Signature of authorized representative of kidder) - Dated: RIDS FAILING TO INCLUDE OR COMPLETE ANY OF THE ABOVE ITEMS WILL BE CONSIDERED NON - RESPONSIVE AND WILL NOT BE ACCEPTED. EEO - 2 September 30, 2010 93 NO S � § \ o � ƒ � \ d/ � \ � 04-4 _ 0 U qq Ln / o oU 2 C) 6� .. 2�q � 0 q � � § � 2 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: A. "Covered area" means the geographical area described in the solicitation from which this Contract resulted. B. "Director" means director, office of Federal contract compliance programs, United States Department of Labor, or any person to whom the director delegates authority. C. "Employer Identification Number" means the Federal Social Security number used on the employer's quarterly Federal Tax Return, U. S. Treasury Department Form: 941. D. "Minority" includes: Black (all persons having origins in any of the Black African racial groups not of Hispanic origin). 2. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race). 3. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian: Subconti- nent, or the Pacific Islands). 4. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification. 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female partici- pation and which is set forth in the solicitations from which this Contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a home -town plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have Unions participating in the plan. Contractors must be able to demonstrate their participation in the compliance with the provision of any such hometown plan. Each Contractor or subcontractor EEO -4 participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. (In the absence of a hometown plan, all contractors are considered to be Part 11 Contractors). 4. The Contractor shall implement the specific Affirmative Action Standards provided in Paragraph 7A through 7P of these specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of federal contract compliance programs office or from federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women, shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure Equal Employment Opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: EEO -5 A. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, September 30, 2010 96 where possible, will assign two or more women to each construc- tion project. The Contractor shall specifically ensure that all fore- men, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. B. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. C. Maintain a current file of names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and has not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. D. Provide immediate written notification to the director when the union or unions with which the Contractor has a collective bargain- ing agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. E. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7B above. EEO -6 F. Disseminate the Contractor's EEO Policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obliga- tions; by including it in any policy manual and collective bargaining September 30, 2010 97 agreement; by publicizing it in the company newspaper, anneal report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. G. Review, at least annually, the company's E E O Policy and Affirmative Action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site, A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition: of the subject matter. H. Disseminate the Contractor's EEO Policy externally by including it in any advertising in the news media, specifically including minority and female news media and providing written notification to and discussing the Contractor's EEO Policy with other contractors and subcontractors with them the Contractor does or anticipates doing business. f. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and train- ing organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notifi- cation to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. J. Encourage present minority and female employees to recruit other minority persons and women, and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. K. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. EEO -7 L. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. M. Ensure that seniority practices, job classifications, work assign- September 30, 2010 99 ments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO Policy and the Contractor's obligations under these specifications are being carried out. N. Ensure that all facilities and company activities are non - segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. O. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7A through 7P). The efforts of a contractor association, joint contractor - union, contractor - community or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7A through 7P of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employer's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is underutilized). EEO-8 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 1 1246, September 30, 2010 99 12. The Contractor shall cagy out such sanctions and penalties for violation of these specifications and of the equal opportunity clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affin- native action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. if the Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these specifications, the director shall proceed in accordance with 41 CFR 60 -4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO Policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable fortn; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). EEO -9 16. City's Responsibilities for Insuring Compliance With Buffalo Plan; Affirmative Action to Ensure Equal Employment Opportunity. A. The City shall be responsible for: 1. Monitoring Contractor compliance with Contract requirements. September 30, 2010 100 a. Reviewing all reports submitted by the Contractor concerning employment practices and on-the-job training programs on the site for minority group and women workers. b. Conducting on -site inspections. c. Ascertaining the workforce conditions existing in connection with the project and determining what positive actions are being taken by the Contractor to solve said problems. 2. Forwarding a review of its findings and, if pertinent, its recom- mcndations to the mediator. Rights of City in Event of Non- Compliance A. In the event the Contractor fails to comply with the provisions of the Contract relating to the Buffalo playa, the City may 1. Summon the Contractor for a hearing. 2. Withhold payment of any amounts clue. 3. Cancel the Contract without incurring any penalty or damage on account of such cancellations. 4. Bar award of future City contracts until the Contractor can demonstrate that it is in an award posture with respect to the Buffalo Plan. S. That in the event of a substantial breach of this covenant, the City, by action of its Department Head or other public official charged with the execution of the work, shall have the option, in the event of non- compliance with this provision within five days thereafter on the part of the Contractor after notice to comply, to terminate the job without any further liability. EEO -10 Utilization of Minority Business Enterprise -- It is the policy of the City of Buffalo that equal opportunity to participate in the City's procurements be provided to minority business enterprises. In order to ensure that a fair proportion of the purchases and contracts for supplies and services for the City are placed with minority business enterprises, the Contractor agrees to take affirmative action to the fullest extent consistent with sound procurement principles, applicable law(s); to identify qualified minority business firms, solicit bids and quotations from, and in making awards and purchases, give equitable consideration to minority business enterprises, shall include, but is not limited to: September 30, 2010 101 A. Arranging solicitations, time for the preparation of bids and offers, quantities, specifications and delivery and payment schedules so as to eliminate artificial barriers to participation and insure equal opportunity to participants in the bidding process. B. Affording all potential bidders within the Buffalo metropolitan area realistic notice of each contract, opportunity to bid for, and encour- agement to do so. Subcontractors - The successful bidder shall submit a list of proposed sub - contractors to the Office of Contract Compliance for approval and obtain consent thereto prior to the execution of the form of agreement. Level of Minority Utilization - The City of Buffalo may determine the level of minority and female participation in both the skilled trades and supervisory work force based on the projected manpower requirements for the timely completion of said Contract. Affirmative Action Plan Required - All bidders and contractors shall have an approved affirmative action plan on file with the Division of Urban Affairs of the City prior to receiving an award. The sole exceptions shall be personal service contracts with private individuals and suppliers who shall be certified by and suppliers who shall be certified by the Division of Urban Affairs as the sole source for a commodity or service required by the City of Buffalo and its agencies. EEO -1 I THIS "SECTION THREE" TO APPLY WHEN MADE APPLICABLE BY FEDERAL REGULATIONS A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal Financial Assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C., 1701u. Section 3 required that to the greatest extent feasible opportunities for training and employment be given lower income residents of September 30, 2010 102 the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. B. The parties to this Contract will comply with the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24CFR - - -, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organiza- tion or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment and training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regula- tions issued by the Secretary of Housing and Urban Development, 24CFR - - -. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR - -- and will not let any subcontractor unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24CFR - -- and all applicable rules and orders of the Department issued there- under prior to the execution of the Contract shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns to these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanction as specified by 24 CFR - -- 135. EEO -12 DATE: PROJECT NO.: STATEMENT OF COMPLIANCE WITH SECTION 3, HOUSING AND URBAN DEVELOPMENT ACT OF 1968 A. The project assisted under this contract /agreement is subject to the require- ments of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u. Section 3 required that to the greatest extent September 30, 2010 103 feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this contract /agreement, the applicant/ recipient shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (pub- lished in 39 Federal Register 29220, October 12, 1973), and all applicable rules and order of the Secretary issued thereunder prior to the execution of this contract/agreement. The requirements of said regulation include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulations, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20(b) of the regulations in all contracts for work in connection with the project. The applicant/recipient certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of the application for this agreement/contract, shall be a condition of the Federal Financial Assistance provided to the project, binding upon the applicant/recipient, its successors and assignees. Failure to fulfill these requirements shall subject the appli- cant /recipient, its contractors and subcontractors, its successors, and assignees to the sanctions specified by this agreement/contract, and to such sanction as are specified by 24 CFR Section 135.135. Applicant/Company Name: Address: Authorized Signature Phone No.: Typed /Printed EEO -13 EQUAL OPPORTUNITY CLAUSE 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. September 30, 2010 104 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3, The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or under - standing, a notice to be provided by the Department's contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Execu- tive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's non - compliance with such, the non - discrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further governinent contracts in accordance with procedures authorized in Executive Order 11246 of September 25, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 25, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. EEO -14 7. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 25, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance; PROVIDED, HOWEVER, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department the Contractor may request the United States to enter into such litigation to protect the interests of the United States. September 30, 2010 105 EEO -15 THIS AGREEMENT MADE this day of , between THE CITY OF BUFFALO, a municipal corporation in the County of Erie and State of New York, herein called the "City" by its September 30, 2010 106 Commissioner of , hereinafter called the - "Commissioner ", party of the first, and Pursuant to the following proceedings of the Common Council of the City: (a) Project Name: (b) Notice inviting proposals, published on (c) Proposals opened on at (d) Bid reported in Item No. , C.C.P. of (e) Work ordered by Resolution No. , G.C.P. of (f) Notice of Award mailed to bidders on (g) Funds for this contract provided in Comptroller's Record Contract No. Amount Charge to: Encumbered Date: A- I STATE OF NEW YORK ) COUNTY OF ERIE ) ss CITY OF BUFFALO ) On this day of before me, the subscriber personally appeared to me known, who, being by me duly sworn, did dispose and say that he is the Commissioner of Public Works, Parks & Streets September 30, 2010 107 of THE CITY OF BUFFALO, the Corporation described in and which executed the foregoing instrument; that he is the head of the Department charged with the execution of the matter herein provided for, and that he signed and acknowledged the said instrument pursuant to Section 22 -1 of the Charter of the City of Buffalo. STATE OF ) COUNTY OF ) ss CITY OF ) On this day of , before me, the subscriber, personally appeared to me known, who, being by me duly sworn, did depose and say that he resides at , that he is the of , the Corporation described in and which executed the foregoing instrument; that he knows the Board of Directors of such Corporation, and that he signed his name thereto by like order. STATE OF ) COUNTY OF ) ss CITY OF ) M;� On this day of , before me, the subscriber, personally appeared to me and known to me to be the same person described in and who executed the foregoing instrument, and , he duly acknowledged to me that he executed same. September 30, 2010 108 STATE OF ) COUNTY OF ) ss CITY OF ) On this day of , before me, the subscriber, personally appeared to me personally known and known to me to be members of the firm of described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same as and for the act and deed of said firm. A -9 BOND TO ACCOMPANY CONTRACT KNOW all men by these present, that we , as principal, and , a corporation authorized to guarantee the per- formance of and to do business in the City of Buffalo, County Erie and State of New York, as surety, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF BUFFALO September 30, 2010 109 in the penal sum of lawful money of the United Mates of America, to be paid to the said City of Buffalo, its certain attorney, or assigns, for which payment, well and truly to be made, said principal and said surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, signed sealed with our seals and dated the day of , WHEREAS, the above bounden, has entered or is about to enter into contract with the City of Buffalo to furnish all plant, labor, services, materials, supplies, tools, equipment, transportation and other facilities and things necessary or proper for or incidental to B -1 NOW, THEREFORE, the condition of this obligation is such that if the above bounded shall well and truly and in good and sufficient manner faithfully and completely perform the said contract, in accordance with the terms and stipulation therein contained, and shall in every respect strictly comply with and be bound by the said contract and the plans and specifications (if any) therein referred to; and shall sell and truly perform all the labor and furnish all the material necessary to fully complete the work or improvement therein contemplated; and shall well and truly September 30, 2010 110 pay for all material used and services rendered in the execution of such contract, then this obligation shall be void, otherwise to remain in full force and effect; provided, however, and it is expressly understood and agreed that any person, co- partnership, association, or corporation furnishing material or rendering services in or about the execution of such contract may maintain an action to recover for the same against the obligors in this bond as though such person, co- partnership, association or corporation were named therein, provided such action is brought within one year after the time the cause of action accrued. The right of a person rendering services or furnishing materials to maintain an action on such bond shall be subject, however, to the prior rights of the City of Buffalo against the obligors in said bond. Bond to Accompany Contract STATE OF NEW YORK } COUNTY OF ERIE } ss CITY OF BUFFALO } IM On the day of , before me came , principal to me personally known to be the individual described in and who executed the foregoing bond, and acknowledged to me that he /she executed the same. September 30, 2010 111 Commissioner of Deeds, Buffalo, N Y STATE OF NEW YORK ) COUNTY OF ERIE ) ss CITY OF BUFFALO ) On the day of , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides in , that he is the of the the corporation described in and which executed the above instrument; that he knew the seal of such corporation; that the seal was affixed by order of the Board of Directors of said corporation, and that he sign his name thereto by like order. Commissioner of Deeds, Buffalo, N Y B -3 Bond to Accompany Contract STATE OF NEW YORK } COUNTY OF ERIE ) ss CITY OF BUFFALO ) On this day of in the year before me personally came to me known, who being by me duly sworn, did depose and say that he resided in that he is the of the the corporation described in and which executed the above instrument; that he September 30, 2010 112 knew the seal of such corporation; that the seal affixed to said instrument was such corporate seal, and that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. And he did further depose and say that he was acquainted with and he knew him to be the said described to the foregoing instrument is in the genuine handwriting of the said and was so subscribed by the like order of the said Board of Directors in the presence of him, the said deponent. Commissioner of Deeds, Buffalo, N Y Each member of a partnership must sign. If the foregoing bond is acknowledged without the County of Erie, a certificate as to the genuineness of the signature of the officer taking the acknowledgment must be attached. PW September 30, 2010 113 ATTACHMENT F District Maps September 30, 2010 114 September 30, 2010 115 INF-w Isom! 2 September 30, 2010 116 September 30, 2010 117 City of Buffalo, NY September 29, 2010 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, NY 44202 j Clticf'tjStr�f r� James S. P:tiak Senior L,eglslsuive Assislont Ll' Kevin M. Under Senior LfOstrltive Assi.stams Ma& J. Jaskula Willimm 13. Licais Juhn A. Paul Melissa Sanchez-[- emandef Richard Wall Legislative Ai {Le James 1\. Jackson RE: Supporting Grant Documentation for the Buffalo Weed and Seed Lower East Side Year 4 funding (See CCP #3 dated September 21, 2090) Dear Mr. Chwalinski: Common Council Member Richard Fontana has requested that the attached document which was provided by the Division of Citizens Services separately from the document referenced above, be filed with the Common Council for their next regularly scheduled meeting. Thank you for your assistance in this matter. Sincerely, ;JAMES S. PA r, K &ommon Council Chief of Staff RIEE AND FIL 65 Niagara Square - Room 1413 Buffalo, Now York 14202 -3318 Prone: (716) 851 -5105 Fax: (716) 851 -4234 1 � 1� Department of Justice { F Office of Justice Programs Community Capacity Development Office Washington, D.C. 30331 Memorandum To: Official Grant File From: Dennis E. Greenhouse, Director, CCDO Subject: Categorical Exclusion for City of Buffalo The subject project involves the following: During this project period, law enforcement efforts will reduce street violent crimes, drug dealing, and aggravated assaults, Community policing goals will enhance police visibility and presence in order to reduce quality -of -life crimes. Prevention, intervention, and treatment goals include a comprehensive approach for improving educational and skill enhancement, Healthy Life Choices /Character Development training, and substance abuse prevention, intervention, and treatment within the community. Neighborhood restoration goals will restore the community through increased home maintenance, housing rehabilitation, and homeownership. None of the following activities will -be conducted either under the OJP federal action or related third party action: 1. New construction. Z. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) location within a 100 year floodplain. 3. A renovation which will change the basic use of a facility or significantly change its size. 4_ Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets O.IP's criteria for a categorical exclusion as contained in paragraph 4.(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally' the proposed action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion, SITE SUMMARY 1. SITE NAME. CITY, COUNTY, AND STATE. Buffalo Weed and Seed Lower East Side, Buffalo, Erie County, New York Target Area Weed and Seed Lower East Side Site City of Buffalo Erie County Approximate Size Population 2 square miles 18,423 17.3 Square Miles 292,648 1044.7 Square Miles 950,265 SITE INITIATI®IV.4ND ®�I�ICI�IL ItEC'4GNI7I ®1V The Lower Eastside Buffalo Weed and Seed site was granted official designation on June 1, 2006. It represents several years of community planning, organizing and capacity building. The Lower Eastside site has been successfully implementing their five year strategy. The City of Buffalo, in Erie County, was designated as a Weed and Seed site on September 30, 1996. This designation represents the accumulation of a four -year community task force to implement a Buffalo crime prevention strategy. Previously, in 1992, the U.S. Attorney had implemented in the City of Buffalo a Mobile Weed and Seed program in Buffalo. This program was initiated in response to Buffalo East Side residents' concerns in regard to abusive absentee landlords and suspected drug dealing and criminal activities. The City of Buffalo in 1996 ranked first in the nation in use of assault weapons in the commission of a crime. Buffalo's East Side was perceived as an area with a high degree of drug use, violence, and prostitution. In August 2001, eleven Good Neighbors Planning Alliances (GNPA) were fonned throughout the City of Buffalo in an effort to establish a neighborhood based planning process that actively involved citizens in the creation of community action plans. The GNPA is a community empowerment process that provides residents with an official voice in determining the future direction of their neighborhoods. GNPA consists of volunteer representatives from various community organizations, church groups, and residents and stakeholders. Over the past three years, the East Buffalo GNPA has consistently sought out support for and ORGANIZATIONAL STRUCTURE This Lower East Steering Committee has facilitated and guided the Lower East Side prograrn strategy. New steering committee membcrs for the proposed target area will continue to be added to the Steering Committee. Planning meetings have been conducted and bi- monthly Steering Committee meetings are held and Sub -committees for law enforcement, community policing, prevention, intervention, and treatment, and neighborhood restoration were formed. Sub- committee meetings will be held on- an alternative bi- monthly schedule. Sub - committee chairs or designated representatives will offer subcommittee reports to the full Steering Committee. In addition the Buffalo Weed and Seed Steering Committee established policies and procedures governing the budgeting of grant funds. When the committee receives approval of Weed and Seed grant funds, an announcement of the availability of such funds will be made within 30 days to all pertinent agencies and in the local media. Mini grant announcements will be in form of a Request for Proposal designed to meet our goals and objectives. The corntnuitity is notified - of Banding availability and - they are invited attend - community meetings and contact the Weed and Seed office for additional information on how to complete RFP applications. LOWER EAST SIDE BUFFALO ORGANIZATION CHART d educational and skill enhancement, Healthy Life Choices/ Character Development training and substance abuse prevention, intervention and treatment within one's own community. Goal: Promote an environment that fosters collaborative program efforts NEIGH.BORHOOD RESTORATION Strategy: Restore neighborhood vitality through increased home maintenance, housing rehabilitation and home ownership. Goal: Redevelop Lower East Side housing stock and increase housing options 4. SPECIAL 1MTIAITVES / OTHER FEDERALLY- FUNDED PROGRAMS Reentry is the process of prisoners reentering society of ter a period of incarceration in a prison, jail, or detention facility - not just "letting thern go" but preparing offenders for their release. Effective reentry means the offender is better off at the time of release than at the time of admission. Any time spent in community supervision should contribute to a future crime- free lifestyle. (Power and Associates). The Western New York Prisoner Reentry Coalition /Lower Eastside Collaboration will address -- the - need, of - returning offendersi - the -- - - - target area, by providing immediate services such as linkages to housing, employment and employment training, substance abuse services, halfway house referrals and 12 step and faith -based initiative intervention. In addition, thus special emphasis funding will allow us to fill the gap that has been created with the grant award to the City of Buffalo, from the NYS- Department of Criminal Justice Services- which allows them to hire two full time staff, but does not allow them to purchase needed basic services as described above. The collaboration will work with law enforcement to help them work with probation /faith -based leaders /Erie County Social Services to develop a program for rehabilitated ex offends/ Implement ex- offender Mentoring Program. The Buffalo Police Department's executive staff is part of a task force under the City's Department of Community Services that has applied for funding for an ex- offender initiative. In addition, the County of Erie, of which Buffalo falls under, has a re -entry program that is being run out of Mid -Erie Counseling and Treatment Center, and the Police Department has sent representatives to meetings held to develop and implement a strategy focusing on transition from prison to community. The Police Commissioner meets regularly with an established group of ministers from all faiths as part of his Minister's Advisory Group. Part of the designated Weed /Seed Officer's responsibility will be to ensure that the communication as to what is happening with this group will be brought to members of Lower East Side Steering Committee. d I Y Since its inception the Buffalo Weed and Seed program has been charged with the dual purpose of weeding and seeding good neighborhoods. By the very nature of these objectives, it is difficult to measure outcomes of a weed and seed strategy. To effectively measure program outcomes requires an approach that develops a set of project benchmarks for year 1 of the Lower East Side strategy that will serve as the basis to monitor and track project outcomes overtime. This requires working with the Steering Committee, the East Buffalo GNPA, the BPD crime analysts, and the University at Buffalo School of Architecture to develop neighborhood specific benchmarks to track program progress over time. The evaluation plan involved the following steps: (The evaluation was completed 20019) o Development of a management information system that systematically documents attendance and outcomes of program activities, problems within target area, and program accomplishmcnts ® Utilize local university/college interns to input and create monthly tracking reports to Steering Committee Continuously documenting neighborhood crime trends in the Lower East and preparation of yearly summary report of crime analysis trends to Steering Committee Provide steering committee updates on progress toward meeting program objectives Convene yearly steering coznnmittee focus strategy meeting to review and audit whether the Lower East Side strategy is meeting its objectives and goals Work with local university interns and East Buffalo GNPA to conduct pre- test community survey to measure attitudes and perceptions on neighborhood safety and quality life issues in summer year I and post -test follow up surveys in summery year 5 to measure changes in perceptions and attitudes toward neighborhood public safety and quality of life and whether awareness of Lower East Side Weed and Seed strategy increased. The East Side Site coordinator will work with University at Buffalo to establish measurable benchmarks for the Lower East Side. Steps to establish benclunarks will include: • Selecting a control neighborhood with similar characteristics to serve as a benchmark for comparing change • Utilizing profiles of E -911 and crime incident data prior to program implementation to track reductions (or lack. of) • Utilize demographic profiles to track impacts on prevention./intervention and neighborhood restoration strategies Department of Justice z Office of Justice Programs Community Capacity Development Office t. RECIPIENT NAME AND ADDRESS (Including Zip Code) City ofBvfl'alo 65 Niagara Square Room 20€ Buffalo, NY 14202 IA, GRANTEE IRSlVENDOR NO. 166002533 3. PROJECT TITLE Lower East side Weed and Seed Initiative Grant PAGE 1 OF 4 4. AWARDNUMBER: 2010- WS- QX -N)63 5, PROJECT PER€OD: FROM 00112010 TO 06/30j2011 BUDGET PERIOD. FROM 07101120 €0 TO 06/30/1411 6. AWARD RATE 07/3012010 17.ACTION S. SUPPLEMENT NUMBER Initial 00 9. PREVIOUS AWARD AMOUNT so 10. AMOUNT OF THIS AWARD S TS7,000 11, TOTAL AWARD S 157,000 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT Tir€s project is supported umder42 U.S.C. sections 103 -105 B. METHOD OFPAYMBNT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16, TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPEDNAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Laurie Robinson Byron Brown Mayor Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL 19- SIGNATURE OF AUTHORIZED IPIENT OFFICIAL I9A. DATE AGENCY USE ONLY 20, ACCOUNTING CLASSIFICATION CODES 2L JW3AGM59 FISCAL FUND BUD. DIV. YEAR CODE ACT. OTC. REG, SUB. POMS AMOUNT X Q WS 26 00 00 157000 OJP FORM 400012 (REV, 5 -87) PREVIOUS EDITIONS ARE OBSOLI M- 1 OJP FORM 400012 (REV. 4-85) Department of Justice Office of Justice Programs Community Capacity W ° Development Office i PROJECI°tJt1OER 2010- WS- QX -0G63 AWARD CONTINUATION SHEET Grano AWARD DATE 67l30n010 SPECIAL CONDITIONS PAGE 2 OF 4 The recipient agrees to comply with the fmancial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide, 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Cetti Pied Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of ONM Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as furthcr described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation orpolicy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantec, subcontiiiclor, of other person lies ditliecl) SiiGriiitteil a fiilse clanm for gra3r funds under die False = Claims= Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the 010 by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e -mail: oig.botline@usdoj.gov Wine: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ OIG website at www.usdaj.gov /oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of c Organizations for Reform Now (ACORN) or its subsidiaries, without the empress prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. 8. Grantee acknowledges that this award has a limited obligation and payment period and is not eligible to be supplemented with funds from other fiscal years. Therefore, timely implementation of this project is required. OAP FORM 400012 (REV. 4-88) �p,j l Ti RA L WO W_ �dL Department of Justice 5 office of Justice Programs Community Capacity Development Office PROJECrMUMBER 20J[M -QX -0063 AWARD CONTIilT[WATION SHEET Grant AWARD DATE 07/3012010 SPECIAL CONDITIONS PAGE 3 OF 4 9. The grantee/fiscal agent and Steering Committee recognizes that it must come into compliance with all new statutory requirements for Weed and Seed programs. See 42 U.S.C. Section 104. This includes, but is not limited to, amending its existing Operating Policies and Procedures, consistent with guidance that will be provided by CCDO, to include the U.S. Attorney (for the District encompassing the community) and the Drug Enforcement Administration's special agent in charge (for the jurisdiction encompassing the community) as voting members of the Steering Committee. 10. While specific program strategies may vary from site to site, the planning, development and execution for the following elements shall be common to all Weed and Seed sites. These common elements are: (1) to organize and regularly convene a Weed and Seed steering committee; (2) to maintain focus on the four components in the target neighborhood; (3) to screen applicants working with children while selecting and mobilizing resources to address neighborhood problems, and (4) to regularly revisit goals, objectives, and the implementation strategies and schedules. Failure to substantially comply with these elements is cause to discontinue grant funding. 11. The grantee agrees to require that organizations which receive grant funds certify, as part of the contract, that they have appropriate hiring policies and screening procedures for employees who will be working with youth and other residents as part of the Weed and Seed strategy. 12. Grantee agrees that if it chooses to award mini grants (sub - grants), those mini grant awards will be made for criminal justice purposes. Grantee also agrees to ensure that these procedures comply with the OJP Financial Guide. - Forpurposmofthiscondition, "criminaljustice propose- V thoseactivitics-contemplated_in the_deftnition of "criminal justice" found in the Omnibus Crime Control and Safe Streets Act 42 U.S.0 : 3791(a)(l). "Criminal justice" is defined as " activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdietion,and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related ageacias assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency." 13. Grantee agrees to submit a copy of any revisions to the previously submitted and approved Weed and Seed Steering Committee Policies and Procedures. These revisions should be submitted to CCDO within 90 days of the adoption of the revision. 14. The grantee agrees to submit a Government Performance Results Act (GPR4) Report for cacti calendar year in which the grant remains open. These GPRA reports are due when specified by CCDO, reporting the results from the preceding calendar year. 15. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for .Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub - grantee must-be voluntary. The Equal Treatment Regulation also snakes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. 16. The recipient agrees expeditiously to obtain active registration with the Central Contraetor Registration (CCR) database, and to notify the program office in writing of its registration. Following satisfaction of this requirement, a Grant Adjustment Notice will be, issued to remove this special condition. OP FORM 4000/2 (REV. 4.88) A r Tv Departmant of Justice Office of Justice Programs Community Capacity Development Office AWARD CONTINUATION SHEET Grant PAGE 4 OF 4 { PRO]Ea NUMBER 2010 -WS-QX -0063 AWMW DATE 0713012010 SPECIAL CONDMONS 17. Prior to the expenditure o €confidential funds, the recipient and any subrecipicnts agree to sign a cartif cation indicating that he or she has read, understands, and agrees to abide by all of the, conditions pertaining to confldeatfal fund expenditures as set forth in the OR Financial Guide. - 01? FORM 4000!2 (MV. 4-88) 0 0 0 1E 2378 s own l '?A UE BUFFAI0 -NY 14220 -2670 [ 82 FAX E7161 823- 8454 August 6, 2010 Wte W sOtxREtN*CO AC T ALiS.COM. Steven Stepniak . rc ry Commissioner of Public Works L-a LA ° Room 502 City Hall 65 Niagara Square Buffalo, NY 14202 Dear Steven: G A Back in April 2009 Sorrento Lactalis, Inc. requested that Leland Avenue be converted to one -way direction to help alleviate parking congestion during the utility construction phase of the South Park Revitalization Project. However, this conversion has created many hazardous safety issues for both traffic and pedestrians. We have had several "near -miss" events with busses, sanitation trucks, and emergency response vehicles trying to navigate down a very narrow street with parking on both sides. Compounded by these events with the inability to effectively snow plow can limit emergency response to the facility. Therefore, Sorrento Lactalis, Inc. is requesting to convert Leland Avenue back to a two — way street. Sorrento owns all properties on both sides of the street. Please consider the request and forward through the next council meeting. I'll send a copy to council member Michael Kerns to keep him informed. We appreciate your time, if more information is required; please contact me at 8236262. Thank you. pu�& Cc.- Michael Kearns 2376 SOUTH PARK AVE. 4912 MAST F RANKLIN RD, 33 LUDWFG B UFFALO P.O. 80X 1280 LITT FERRY NY 14220 N AMPA NJ 07643 [7161 823 -6262 10 63687 [201 7 440 6383 i = - [2083 467 4424 29 September 2010 Gerald Chwalinski City Clerk City of Buffalo Rm. 1308 City Hall Buffalo, IVY, 14202 Dear Mr. Chwalinski, F. em rf hereby submit to the Common Council attached my "Request for a docking permit, along the seawall of Canal Side, extension of current floating docks ", which was originally submitted to the ECHDC on 11 June 2011. Upon my submission please disregard the confidential clause of the original proposal, I would like to come and discuss the proposal at the next Waterfront Development Committee Meeting. T Pe rre Wallinder Sail Buffalo 485 Michigan Avenue Buffalo, NY 14203 716- 432 -6589 REFERRED TO THE SPECIAL COMMITTEE N WATERFIRUNT DEVELOPMENTAND DIVISION OF PUBIET WORKS The following Proposal is made for HCHDC. and is CONFIDENTIAL £` Request for Docking Permit, along the Seawall == of Canal Side, extension of current floating docks. June 11,2010 Sailing ,Sehool Sail Buffalo Sailing School is a family owned and operated company, with an established record in education and community involvement. We are an affiliate of American Sailing Association, and we have a Boat Share -Club open for all. We are believers that Learning Centers creates Participants. This proposal alms at creating an increased stability to our Programs with the addition of a structure floating on the water, size 66x20, located nearby our fleet of boats. it's impossible to have a predictable schedule without guaranteed access to a foul weather shelter. All of our Programs are open to the Public. A key Partner is WNY Maritime School, with their 400 Cadets. Other schools and organizations have also expressed an interest in being involved. Why floating? Because it can be moved to different locations, if need to be. it does not impede on any land issues (wetland -brown field- awned- leased- etc) it can be tied up and docked just Hite any regular boat. it's basically a barge, without an engine, its USCG approved, and have several functions; Classroom, Meeting Place for Boat -Share Club members, HQ for Junior Sailing, dome of "Sail Buffalo's Veggie Bar;"' While aware of Buffalo's affinity for re- enacting old and historic themes, we also feel that it's critically important to embrace current green and environmentally friendly technologies. For this reason, our vessel shall have Solar Panels, Wind Generator, and a Specialty Fabric covering the top -deck, 485 Michigan Ave, Buffalo NY 14203 tww.sail -b f ral .rom Ph: 716 -432 d� _S-W which captures sun energy. All of these installations will make the vessel energy neutral I Short Facts: Flours of Ooeration: Size: Wastewater: EnerRvv neutral beneficiaries: Programs:_ Management: Access: The following proposal is made for ECHDC and is CONFIDENTIAL Request for Docking Permit, along the Seawall of Canal Side, extension of current floating docks. Jane 11, 2010 Monday -° Friday 9 -4 Children & Disabled, 5 -8 Boat Share & ASA Lessons Friday afternoon - Saturday - Sunday: Boat Share and ASA Lessons 66x20, may hold up to 40 people on -board via pump out All programs are open to the public, See attached, please pay attention to our "Free Sailing- lessons For Buffalo Kids" on Saturdays Sail buffalo Sailing School, Capt Pierre Wallinder & Team Via gangway onto dock, and then onto barge /classroom Winter: On shore on 'Buffalo First Marina' (Power Authority) Sail buffalo is planning for year around programs, and may create Off Season Programs on multiple locations, with reciprocity. Insurance: Starkweather & Shepley Community Boating Program. Number of students se rved: Actual 2010: Youth 350 -400 Adults: 20 Projected 2011* (subject to 'Floating Classroom'): Youth 500; Adults: 30, Taxi: 500 Charter: 100, School programs: 500 incer le y Cat Pierre Wallinder Sail Buffalo Sailing School D 485 Michigan Ave, Buffalo NY 14243 wtyw.salkb off lo.cor Ph: 716 -432 X911 Sal Ing Sc64 The following Proposal is made for EChpC and is CONFIDENTIAL Request for Ducking Permit, along the Seawall � of Canal Side, extension of current floating docks. June 11, 2010 Existing and Proposed Strategic Partners: American Sailing Association WNY Maritime Charter School WNY AmeriCorps Buffalo Public Schools Children's hospital WNY DDS® 485 Michigan Ave, Buffalo NY 14203 www.sail- € ff loco -- - - - - - -- -- - - -- - -- �Ph: 716 -432 j;:5' *V The following Proposal is trade for ECHDC and is CONFIDENTIAL Request for Docking Permit, along the Seawall � of Canal Side, extension of current floating docks. =_ June 11, 2010 g` Sailing S "WIM Capt Pierre Wallinder, Instructor ASA, Yacht - Master, Diver PADI, Sailing Coach WNYMCS Capt Gibeon Bradbury, 200 Ton USCG, Instructor ASA & US Sailing, Natl Committee US Sailing Nicholas Wallinder, Youth Instructor, Certified ASA BKB Allie Wallinder, Youth Instructor, 1"t place Class 420 Junior Olympics 2008 RYC Merritt Hanson, instructor, Certified ASA BKB Gustav Goldberg, Fleet Captain & Youth Instructor In addition, we have 18 Boat -Share Members, who each has pledged Community involvement, which is a requirement for being a Member, next year we plan on adding 20 more Members with Skipper privileges FUNDING SOURCES: 1 /Family Wallinder: Boats & Equipment, Keel boats 2 /WNY Maritime Charter School: Boats & Equipment 3 /moat Share Members Yearly Fees 4 /Participants in Programs Program Fees 5 /For the actual `Floating Classroom' Funding, $150,000 will be requested to some sources TBD, after securement of Docking Permit. This will be a process jointly with a Public Community Partner. A Manufacturer has been identified; a written Proposal is in our possession. 6/ We may seek funding for a complete Dinghy Program, after we have completed 1 sessions of Keel Boat Program with the added Classroom. A Complete Dinghy Program needs smaller boats, on trailers. Trailers need ramps. 485 Michigan Ave, Buffalo NY 14203 wojw.sall -buff a I .coin - Ph: 7 6 -432 0�:� 14) The following Proposal is made for ECHDC and is CONFIDENTIAL Request for Docking Permit, along the Seawall of Canal Side, extension of current floating docks. June 11, 2019 8 A �4& Baiting Schaal 485 Michigan Ave, Buffalo NY 14203 wvvws sail- m f ioxam - -- - - - -- - ----- - - - - -- -- Ph: 715.432 05 W i The following Proposal is made for FCHDC and is CONFIDENTIAL 0 - Request for pocking Permit, along the Seawall of Canal Side, extension of current floating docks, - June 11, 2010 aiEing.ki1"l S&uuence and Timeline. Location: Summer Minter 1/ Keel boat docking, 3 -5 boats Canalside 2009 2/ The Floating Classroom Canalside Seawall 2011 3/ Keelboat docking, 2 boats, 26 -30 Ft Buffalo first Marina 2011 4/ Water -Taxi 1 boat Canalside 2011 S/ Dinghys 6 -10 boats A/ NFTA Boat Harbor 2011 B/ "Cargill" Outer Harbor RCR Erie Basin Marina Buffalo First Marina Buffalo First Marina "Cargill" Outer Harbor ? ?? 2012 Comments: The former "Cargill" Iceboom storage has the ideal conditions in terms of location and existing ramp for a Dinahv Sailing Pro r� am, Canalside location is ideal for school- children participating in our Keel boat Pro rims access via public transportation/ tram. If slip- fingers are added onto the existing floating walk way- we would love to have 5 spaces next to the Floating Classroom, 485 Michigan Ave, Buffalo NY 14203 w€ w.salI- buffal ,rom -- - - -- -- _ Ph: 716 -432 < O'� E co © ® 0 0 0 > r%J 0 M CJ ro 00 10 z 76 Ln o" C: U9 ui E CP 23 - W e / . G m A—) V Ln 0 C c -:03 2 U 0 >- C: 4� E fu s m W 0 1 2 / B 8 2 0 m E 2 Ln E '�z m / :Pj D m -q >,i� -- - -- R / E m 0 63 — / co , / / / 91 0 aR t.. (D .-a^ a eg V 25 ro � vn a • C ru M 2 fu.2 o 0 W °�, 4.0 4� . ® E X Bo o s o' ru cn ai C C C C7 R3 Ci C G u: o u m q � yq (� •iM o E -_ 3 LO C: o 6 0 0- 0 ru ri} Cfl ® � SJ •� � q � W ^� CD � ♦� •I � � . fit' u L C: aC ru fo C 93 o t -0 M ,„ 6 fu U7 C dd _� ru C W , 4 cn q V V I VI r &_ CIL ¢� d tl3 ::) rr y ru id V I E L rn rJ3 y > U] ru Fy � (� � }1 US t/3 t]� it: � C C C C7 R3 Ci C G u: o u m q � yq (� •iM o E W� IM -_ 3 LO C: o 6 0 0- ® ri} Cfl ® � SJ •� � � ((�'' VF . fit' L C: aC ru fo C O� -0 M ,„ , fu U7 C dd _� ru El C W , Q) V] O &_ CIL En = M d tl3 y ru id w. < V 0 =) V ru L rn W� IM -_ 3 C: o ® ri} Cfl Q) ' ' r r ii 4 C: C: o ® ri} Cfl Q) ' ' r r ii 4 C: !Yl C -0 Lo ® u.. -,z ro m rp � s b. W t] C W , QI C3 V] O &_ CIL En = M d tl3 y ru id w. .0 ® ?_ U y > U] ru Fy � (� � }1 US „ J V) Ui d J d1 0 rt3 r7} 0001 September 30, 2410 Ms. Theresa Williams P.O: Box 435 Buffalo, New York 14240 -0435 Mayor of the City of Buffalo Buffalo Urban Renewal Agency Attn: Byron W. Brown, Chairman Certified Mail #:7009 3410 0000 00871215 924 City Hall, 65 Niagara Square Buffalo, New Fork 14202 -3376 0 114 Wyoming Ave. Dear, Chairman, Byron W. Brown: //V 10 YO Nf k) In response to the letter dated, $eptember 14 201 D issued by Scott C Billrna n, General Counsel City of Buffalo Urban Renewal Agency., I find the enclosure, letter dated .Tune 30, 2003, addressed to Carla A. Kosmerl has never been addressed. The response was a letter dated October 27, 2009. Therefore please note the fallowing Facts, 1) The letter dated, September 14, 20.14 is a fabrication, The statement cited in this letter is not true_ 2.) Mrs, Burneva Williams refused to engage into a fraudulent agreement, submitted by General Counsel, Scott Biliman, letter dated October 27, 2009. 3.) In addition, the letter dated October 27, 2009 did not address the electrical work cited in the Contract & Bid Agreement. 4.) The electrical contracted by Mr. John Greer was never done due to an inflated price by, Mr. James Naples who is a roofing contractor 5.) The roof has never been inspected prior to covering. 6.) The permit was pulled air, the work was done. A violation of State & Residential code, Please review print on the permit. 7.) General Counsel, failed to comprehend contract law. All three(3) contracts, Contract & Bid Agreement, Notice to Proceed, Note & Mortgage Agreement are dependant of each other and binding. S.) General Counsel, failed to read, all letters, submitted regarding 11'4 Wyoming Ave. 9.) General Counsel needs to get his facts straight, and stop practicing asinine burea ue- rarcy. 10.) A 1 inch binder dated, September 26,2008 was prepared, for simplification for your stafl'(Carla Kosmerl) to understand, and still no results addressing Mrs. Williams concerns. f 1` civ Please review the issue again, note that Mrs. Burneva Williams is not interested in obtain contracts outside the original contracts which was necessary for the federal grant. I hope that this can be resolve soon. I regret that Congresswoman, Louise Slaughter's Office, U.S. Senator Charles E. Schumer's Office & The: U. S. Attorney's Office has been contacted along with other's expressing the disappointment in your handling ofBURA'S contractor(James Naples) and aiding in federal skimming in this matter. The individuals involved in this matter has been enormous, starting with, Mr. Richard Tobe(absent) Mr. Brian Reilly(absent) Mr. James Commerford(present) Mr, Timothy Wanarnaker(absent) Ms. Carla. Kosmerl(absent) Ms. Donna Brown(absent) Mr. James E. Wimbley(absent) and at the present, General Counsel, Mr. Scott BUM= who has relayed to the Board & members of the Board, fabrication of Mrs_ Burnvea Williams concerns_ I look forward to hearing from you within 5 business days and if, necessary your General Counsel, Scott Blllman addressing the facts as they are and not the fabrication of lies. In conclusion all reasonable offers within the three(3) original contract's will be considered. Please note, asininity is not an option. Submitted, 011 lams 7 7 THE COMMMEE A - - - 4s . Y, "` DES . Tag Town, m7 ClaryVille Road P.O. Box 60 Aj r o Claryville, New YorK 22428 Telephone 885-985 -2432 � � I C_ � E-mail Ta9Town @yahoo.com September 20, 2010 Dear Sir or Madam.: My name is .lane Ahrens Witthohn and I am the owner of Tag Town. I have lived my entire life in New York State and have had my own pet business for more than thirty years. In addition to grooming, breeding and pet sitting I have also been a New York State wildlife rehabilitator, rescuer and shelter manager. As you are aware, New York State Agriculture and Markets will no longer be issuing dog license tags, nor keeping the records for municipalities, as of January 1, 2011. I would like to offer my services to assist your Town in the transition to a new dog licensing system that meets your needs. Not only am I able to supply you with Nigh quality affordable tags that are custom imprinted, but I can also assist you in keeping computerized records to help you in the annual renewal process. My company can also offer your residents further customization of their dog tags, i.e. to include the dogs name, owners name and /or home contact information. If possible, I would like the opportunity to speak with you and customize a plan that suits your current and future needs, no matter how simple or complex they may be. If you are interested in the above services, please call or e-mail me so that I may help you in assessing your dog license and tracking needs. Very truly yours, Fr- ` ",�,I"' COMMITTEE . i UN 'NANCE AND THE a I.TY CLERK 1 e s�1 PETITIONS October 5, 2010 M. Judd, Agent, Use 220 Katherine - Alterations & Renovations to Convert Building to Offices and New Parking Area (Fill) (pub hrg 10/ 12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD :y GERALD A. CI-IWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics it " 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUF'F'ALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: s �4' ec"l"" 1 to be held in the Council Chlber, 13th Floor, City Hall On: O JA-er AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. e4/� 4 .._ ar Owner) Print Name TAPRV. Xv b D Phone # , � -1 ( . ]Date � FOR PLANNIN BOARD MEETING, C -y of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Pax(716)851 -5472 Report Date 09/22/2010 09:03 AM Submitted By DAVID GRUNDY Page 1 i A/P # 156846 I Appllatlolt lnforation ..ZweS Date / Time Processed 08/03/2010 09:23 Issued Final Assoc Informa Type of Work Dept of Commerce Priority Square Footage 0.00 By GRUND Temp COO COO Expires # Plans # Pages -Xi Auto Reviews Bill Group Name Date I Time B y Valuati 3 3 Declared Valuation 0.00 16 Calculated Valuation 0.00 I Actual Valuation 0.00 Descripti of Work COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -67 A(4), FOR A NEW USE IN THE BUFFALO COASTAL, SPECIAL REVIEW DISTRICT. PUBLIC HEARING REQUIRED. CHANGE OF USE - ALTERATIONS AND RENOVATIONS TO A 2 AND 1 STORY CONCRETE INDUSTRIAL BUILDING TO CONVERT USE TO OFFICES AND NEW PARKING AREA. —PLANS FILED, 9120/10 *" PLEASE CALL MARK JOHNSON AT 773 -7767 WHEN PLANS APPROVED, OR CALL ARCHITECT KARL HENRY AT 874 -1969 IF ANY QUESTIONS ABOUT BUILDING, OR ARCHITECT JOY KUEBLER AT 695 -1987 IF ANY QUESTIONS ABOUT SITE WORK. i Parent A1P # 3 Project # Project/Phase Name Phase # SizelArea Size Description Pr#ge€tyFSltetrsfOAT tpi = Address 220 KATHERINE BUFFALO NY 14210- Location owner#Te3�t Contact ID AC89511 Name Mailing Address 1828 LIBERTY BUILDING City BUFFALO ZIPIPC 14202 Da Phone Fax Occupant N From TO Contact ID AC333545 Name Mailing Address 131 INDUSTRIAL DR City GRAND ISLAND ZIPIPC 14072 Day Phone Fax Occupant N From To HARCO OFBUFFALOJNC RIVER SLIP LLC Organization StatelProvince NY Country USA Foreign Evening Phone Mobile # owner Y From 05/28/2000 To 05/06/2007 Organization Statelprovince NY Country USA 0 Foreign Evening Phone Mobile # Owner Y From 0212012009 To APPLICATION FEE(PLANS) GC PLAN REVIEW - BUSINESS GC PMT, INSP, C OF O FEE - BUSINESS GC PMT,INSP,C OF O - INITIAL FEE There are no Inspections for this Report P 08/03/2010 08:38 50.00 P 08/03/2010 08:38 124.24 U 124.24 U 200.00 Total Unpaid 324.24 'Dotal Paid 174.24 517074 BCODEREV 0 N 08/03/2010 09:23 City of Buffalo E 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851-6472 Report Data 09/22/2010 09:03 AM R�vievv:�6st€tis�s - - ,4ct A V V $tahts i 524967 CC APP 0 _ E t 517125 CITY WIDE 0 E f 517075 FPLAN 0 517076 PPLAN ABROWN u 517078 HPLAN ABROWN 8 517077 ELECTRICAL 0 �tivily_�ey #gi�rBtfii[S i? Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review Building Code Review i Citywide Site Plan Submission Check Sewer Code Review Plumbing Code Review Electrical Code Review HVAC (Mechanical) Code Review Elevator Code Review LX Fire Code Review N N N N Submitted By DAVID GRUNDY 08103/2010 09:23 08/03/2010 09:23 08/03/2010 09:23 08/03/2010 09:23 08/05/2010 00:00 08/14/2010 00:00 08/20/2010 00:00 Revisions Required ❑ Revisions Required for Simple Plans D Revisions Req'd for 1- and 2- Family ) Revisions Req'd for Mull. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. Pi Revisions Req'd. for Citywide Site Revisions Required for Sewer Plans E) Revisions Required for Plumbing Revisions Required for Electrical ❑ Revisions Required for HVAC /Meth. ❑ Revisions Required for Elevators E) Revisions Required for Fire Bureau GC B uildin g - a 08114/2010 00:00 08/20/2010 00:00 1 Page 3 C4 of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax(716)851 -5472 Report Date 09/2212010 09:03 AM No Employee Entries No Log Entries Submitted By DAVID GRUNDY Page 4 000 � P. Tantillo, Owner, Use 1066 Elmwood- Convert Take -Out Rest. & Apt to Sit -Down Restaurant (North ){pub brg 10/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWAL.INSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA. RICO Deputy City Clerk Vital statistics 4' 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to.the time and place for the public bearing regarding: 1L)4(. eln"Ju0j, coq-"° S ► �b���.5 to be held in the Council Chamber, 13th Floor, City Hall On: 0ajv-�&4 j a '-� AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will i orm said owner, petitioner or his/her agent of the above. Sign d Agee or Owner) Print NamAkt 1 1 1 0 Phone Date $� 1: ��' E I` L ' , i ' ! i City of Buffalo GC Building Applicati ©n P5 Niag are Square ':. Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report (Date 09/27/2010 11 AM Submitted By FLD Page 1 Ap In formation -stages D' al ° % Tile)° By lYlf., Processed 09127i2010 11:15 DIGEF T E."np COO Issued COO j Final Expires . -_- --- __.--_._ -------- ......._.._.__.---------- -------------- _.._____.___.____..__.__ ..._...............- ....- ____ -_ Type of Work # Plans 0 i Declared Valuation 0.00 Dort 4 Pct; ES 0 l:a.,d .#I #la.tolt 0.00 Priority ?: Auto ttuvievvs Bill Group Acluai Valua :ion 0.U0 Square Footage 0.00 Name Desrnqtion of Work ' * *ALANS /RESTRICTED USE PERMIT (COMMON COUNCIL APPROVAL/PUBLIC HEARINGIFEE) REQUIRED 591 -55 * ** TO CONVERT A TAKE -OUT RESTAURANT AND APARTMENT IN THE REAR TO A SIT -DOWN RESTAURANT IN THE ELMWOOD AVE. SPECIAL ZONING DISTRICT. € Parent NP # Project # ProjectlPhase Name Phase # SizelArea Size Desc ription _ _- `7'Co�yl�rt��tt�rsrt�r� Address 1066 ELMWOOD BUFFALO NY 14222- Location Contact ID AC321516 Name Mailing Address 43 COURT ST STE 910 City BUFFALO Z1P /PC 14202 Day Phone Fax Occupant N From To Contact 11] AC123OB88 Mailing Address 575 BIRD AVE City BUFFALO ZIP /PC 14222 Day Phone (716)$52 -6981 x Fax Occupant N From ELMWOOD -BIRD ASSOCIATES LLC Organization StatelProvince NY Country USA Evening Phone Mobile # Owner Y From 09/02/2004 To Name DAVID KOMPSON To Contact 10 AC33419 Name KOMPSON,ANNE Mailing Address 1054 ELMWOOD AVE City BUFFALO ZIP /PC 14222 Day Phone Fax Occupant N From TO No Addresses are linked to this Application Organization ELMWOOD -BIRD ASSOC. LLC StatelProvince NY Country USA Evening Phone Mobile # Owner Y From 1 0/2 812 007 To Organization StatelProvince NY Country USA Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 ❑ Foreign ❑ Foreign ❑ Foreign No Addresses are linked to this Application City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (746)851 -5472 Report Date 091271201011:17 AM Submitted By FLD Page 2 J € Ot35oI0 ©flOvulHfli;c7 ` I A!P Linked Parcels No Parcels are {inked to this Application Applicpnts/Contacts No Applicant Contacts Contractors Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERlTENANT Phone Fax Address (SEE UNDER APPLICANT) Comments OWNERIAPPLUICANT; PHIL TANTILLO 852 - 6981 �- 000000 SBU AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 000000 HIM AC12792 OWNER OF PROPERTY ji Check Fees Fees Failed APPLICATION FEE ($50.00) Unpaid GC PLAN REVIEW - ASSEMBLY ($75.00) Unpaid GC PMT, INSP, C OF 0 FEE - ASSEMBLY ($54.12) Unpaid GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 525824 BCODEREV BUILDING CODE REVIEW Incomplete 525826 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 525829 ELECTRICAL PLAN REVIEW REQ'D Incomplete 525825 ELMWOOD ELMWOOD VILLAGE DISTRICT Incomplete 525827 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 525828 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Failed MD MULTI - DWELLING PROPERTY Unapproved Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 GC PMT. INSP, C OF O FEE - ASSEMBLY U 54.12 GC PMT,INSP,C OF 0 - INITIAL FEE U 200.00 APPLICATION FEE U 50,00 GC PLAN REVIEW - ASSEMBLY U 75.00 Total Unpaid 379.12 Total Paid 0.00 There are no Inspections for this Report City ofuffaro CC wilding Application 65 Niagara Square Buffalo, NY 14202 L' (.716 )851 -4949 Fax (716)851 -5472 1 Report Bate 09/27/2010 11:17 AM Submitted By FLD {gage 3 - :i Act Type S - I 525827 FPLAN 0 N 0912712010 11:16 525828 PPLAN 0 N 091271201011:15 ❑ Public Works approval Retail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Modified By DIGEF Modified Date/7 - ime 09127/2010 11:14 Bflo Arts Commission ❑ Arts Comm. Approval City Survey (con't) ❑ Subdivisions Permit Office E) Asbestos Survey Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin Office /Apts R4 ❑ First Insurances Check ❑ Public Works approval L) Curb Cuts E) Beauty Parlor R2 ❑Notarized Permission! for portable sign one year ❑ Encroachment E) Canopy /Marquee ROW tease showing Use ❑ RodentlVermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ 8ewerlVltater Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑Street Cuts ❑ Portable Sign in ROW 0 Simple Plan Approval Restricted Use Permit ❑ ZoninglUse Check ❑ Tree over 4" at 4' City Planning Other ❑ Thruway Sign approval E) Citywide Site Plan D Subdivisions Environmental Review Preservation Board ❑ zoning variance ❑ Urban Renewal ❑ S.E,Q.R,A . ❑Preservation District ❑ N.E. P.A. ❑ Contiguous Check City Survey ❑ Address Permit Gaw Office Waterbepartment ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By DIGEF Modified DatelTime 09127/20101114 Comments No Comments City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 09/27/201011:17 AM PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office [ j fine- and Tito - Family Plan Review I ❑ Multiple Dwellings Plan Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review r Plumbing Code Review ® Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ® Fire Code Review No Records for This Search Criteria GC Building Application, Submitted By FLD Page 4 Revisions Required ❑ Revisions Required for Simple Plans _# Revisions Req'd for 1- and Family Revisions Req'd for Mult. Dwellings ❑ Revisions, Req'd. for Cilywide Site ❑ Revisions Required for Sevrer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau 0 No. of Residential Units Lost ❑ Residential ❑ Work Without Permit (FINE) Debris: 0 No. of Residential Units Added ❑ Commercial ❑ Work Done by Owner ❑ Truss Construction ❑ Zoning Board of Appeals ELEVATORS You must fi!l out the custom form an activity detatl if there is Et:LVA7"DR work to be completed. Building Construction: There are no Items in this list MD DIGEF 08!27!201011:15 N City of Buffalo GC Building Application 65 Niagara Square 1 BLIffalo, NY 14202 (716)861-4949 Fax (716)851-5472 Report Date 09/27/2010 11:17 AM Submitted By FLD Page 5 ID No Employee Entries Log A.Ctio!) Desctiptioty No Log Entries Clear) Note - Altering this document isinviolotionof the law excepting provided in Section 7 2 09, Port of the New State Education Lo , w .. 80' Wide AVE. ELMWOOU Westerly line of Elmwood Ave. 28.0 27.0 -77 z I Wolfs Butt/ High Eaves 14 Stucco 0.12 N. Sign 0.40E. 1.10 ti store Front No. 1068 No. 1066 Brick & CL Brick eo Tile Building Brick Building Building Store Store Front City Of Front 0 Buff a to, Erie Co.,N Y. OD Wolfs Butt on I ine 2.6 Frame 0 kA • '3 qO Dwelling OD (Eaves Vinyl Sided Clear) Parallel ca Parallel 0 Frame 153 Part of Dwelling J Form Lot 48 Shingle Evs. Covered 1150 (Eaves T. I I - R. 8 Clear) Ln aP ry 0 z .4 d 4.94.1 Shed o-846. hi S. 7- 0 concrete trre Fence g, 10.36 Block Garage Coping 0.17 o. 6z 2 8.0 Parallel with Frame EIMWOod Ave. Dwelling Eaves Clear) R. Panaro, Agent, Use 1200 Hertel Ave- Center Space for a Sit Down Restaurant (Del)(pub hrg 10/19) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD { ;ar �_3 GERALD A. CWWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics (t� 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to. the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Fluor, City Hall On: AT 2:00 PM I am also informed that this is the only n ' e that the petitioner and or owner will receive, and that if I am not the owner or pe ` loner, will inf id owner, petitioner or his /her agent of the above. Si a �igent or Owner) Prin A one # 74 - 3) e�-�Z WA .1v "W91110130 PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL P 851-50 F OR PL ANNING BOA" IV ' City ofBuffalo USE Building fioV? oowiuoum.Snuem ' Buffalo, wY1eoo / ��Nnn�eppox(7�v}w1�w'x »;�. ' - (rJ Report Date 10/041201011:47&M Submitted By FLD Page i | AIP 150334 DAR ' _-~----___-_--~.---__'__-~-_-_-----_ i mvrex � Date Time BY Date Time By � Processed 1010412010 11:44 oIGep Temp COO Issued COO ' Final 8nmma / ~4onnmatpelmommemm Valuation � | Type orWork #pmnn n Declared Valuation 000 ' Dept of Commerce #paVoo o Calculated Valuation ouo Priority Auto Reviews Bill Group Actual Valuation uoo Square Footage 000 Name . 7RTiEL �� ��nw�oowr|L.puauvus^n|nG.pss'nsSTmoTeounepsmw�nEQmneox11* u m^^^Tons-esn�aSnxmOw�mwpomw|wGuns|wTVs xve. SPECIAL ZONING DISTRICT. USE THE CENTER TEN ENT SPACE OF A 2 STORY MASONRY STRIP MALL FOR A SIT DOWN RESTAURANT. � poren/mn# ' Project # PxojecmPhexoxamv pououw | pwnce/ Location wo Addresses are linked moi&Application mo Addresses are linked w this Application mvpwnw are linked m this Application w" Parcels are linked mthis Application wv Applicant Contacts pmnory , Capacity Type effei�tive Expire Contact ID ovvwep xum^v owwsmrcwxwT px"n° fax Address (SEE UNDER APPLICANT) Comments No Comments n0000un pLo xc122*29 owwsn City of luffato 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 10/04/201011:47 AM Work done by owner j Residential D Commercial ❑ Multiple Dwelling Existing Use New Use Dwelling Units Lost 0 Dwelling Units Added 0 i Debris There are no Items in this list No Log Entries Submitted By FLD D Zoning Board D Work with out Permit (FINE) FLAT FEES USE Building Application `i - /A I U Page 3 J J I`- f IIcvZ,IN K M OOPr7 Accept KFC Donation (Item No. 48, C.C.P., Sept. 7, 2010) That the Commissioner of Fire be, and he hereby is granted permission to accept $2,500.00 in funding from KFC to purchase fire extinguishers. Passed y� Recommended by the Committee on Finances hairman TAl3:rmv TAwp6n�mwardVmA48c9-7c.doc ; c *AXE NO FOB A GOLD ..E KEARNS f LOCURTO /* RU S maj ® 5 213- 6� 3/4- 7 � I Illmllm lllvl� � mi 000 #58 M. Knoll, Petition to Use 2080 Niagara -- Erect Gas Station (Item No. 47, C.C.P., Sept. 21, 20 10) That after the public hearing before the Committee on Legislation on September 28, 2010, the petition of M. Knoll, agent, for permission to use 2080 Niagara Street to erect a 615 S.F. gas station and 3724 S.F. canopy on lots (2080, 2084, 2092 and 2094 Niagara) be, and hereby is approved with the condition that a 7' board on board fence along the side bordering the neighbor; sign to be 6'H x 8'W and to extend the landscaping across the front of Niagara Street. Passed. Recommended by the Committee on Legislation IMO tAwp60\mswordk:miv\47c9 -2 E c.doc F Ra *AYM *NO* * 'OA * * GOLOMIlik * * S * LAC .........._ IMPVE * USE * * * aj « 5 2/3- 314- 7 000 5 9 I Popiela, Petition to Use 62 S. Elmwood — Erect Pole Sign with LED Section (Item No. 48, C.C.P., Sept. 21, 2010) That the petition of I Popiela, agent, for permission to erect a pole sign at 62 South Elmwood for an L.E.D. sign with moving images be, and hereby is approved with the condition that the height is not to exceed 14' with accessory use ONLY no paid advertising. Passed Recommended by the Committee on Legislation TAB:rmv tA%vp601niswordl:mM48c9 -21 c.doc 9 * Alff R NO d" CFA * FrPtALNCZW G OL OMBEK LO TO RUSSIELL ti 2/3- 6 314 - 7 0�0cl 0 i t D. Byrd, Jr. and J. Giles, Petition to Use 178 Walden for a Human Service Facility (Item No. 49, C.C.P., Sept. 21, 20 10) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the Coo c 1 �. / approve the petition o B , 3r, Human Service Facility. Pas d. ikng Board of Appeals 1 Malden for a Recommended by the Committee on Legislation Chairman t: %vp60\mwor&rmV\49c9- 21c,doc ell `` 00 Restaurant Dance License (Item No. 33, C.C.F., Sept. 21, 2410) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Arthur Kwitchoff d/b /a Town Ballroom located at 681 Main Street, Y gad Passed. -'p q o ver" !Y Recommended by the Committee on Legislation. , Cifairman TAB:rmv t.\wp60Vmword\ rnv\33c9- 21c.doc AW NO R' {J F LLAANCTM GOLOMEK HAYNES ]KEARNS LO TO RIVERA RU SSE M si Mai ® 5 213- 6 314- 7 00062 Ordinance Amendment - Chapter 337 — Preservation Standards r' (Item No. 78, C.C.P., Sept. 21, 2010) That the Ordinance Amendment as contained in Item No. 78, C.C.P., September 21, 2010, be and the same hereby is approved. Passed Recommended by the Committee on Legislation���.� . Chairman TAB:rmv T:1wOOVn!;4vorEMnv178c921 c.dac * A'H * NO * FONTANA FRA,NCZYK GOLOMBEK LOS TO p maj - 5 2/3- 6 314- 7 00ChS3 Lodging House License _ 541 Walden (Item No. 41, C.C.P., May 11, 2010) (Item No. 74, C.C.P., Sept. 21, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That a cant to Chapter 2 4 a he City Ce,h Commis ner of Economic Developme t, P it nd spec on Sery es be�`and lie hezeb authZo 'zed to grant a Lodging House Lie se tail adeen Guevara unte located at 541 Waldeen Recommended by the Committee on Legislation Chairman TAB:rmv tANvp6ftiswordl:nnv174c9 -21 c.doc �,�x. �� �� ! #_1 ( -..� ".:!�' i (_ . _t :. � � �'J.l. � ; °f.% 1.1. � �. is _` i . € �� . �`: �k +: �_ t: �!.s -:." .�11t �.._. 0 0 C4 0 0- 4 p L. Kostek- Concerns -Heart of the City Neighborhood's Project "Cynthia Gardens /Barker Commons" ( #61, 7120) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation n o 0006 Pres Bd- Preservation Code Amendment (43,9/7) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �# V J 0- i .J Ord Amendment -Ch 337 Preservation Standards (497,7/20) That the above item be the same and hereby is Received and Piled. ADOPTED Recommended by the Committee on Legislation %MA I T. Makowski -Req Independent Audit — Marine Drive Apartments ( #56, 6/22) That the above item is hereby referred to the Committee on Finance. ADOPTED Recommended by the Committee on Legislation 3 " 000 6 3 J. Brem-Concerns Closing of Nursing Homes ( #59, 6 /8) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation LI 0OC409 j: s J. Golombek- Problems at Shaffer Village (##36, 5/12) That the above item be the same and hereby is Received and Filed. ADOPTED /-A Recommended by the Committee on Legislation { RESOLUTIONS October 5, 2010 a00 By: Mr. Golombek Re: Amending The Police Commissioner Job Requirements Whereas: The City Charter sets minimum standards for the commissioner of police; and Whereas: According to the City Charter: "The commissioner of police shall have either (a) a degree from an accredited college or university and at least five years' experience in law enforcement; or (b) an equivalent of training and experience sufficient to indicate ability to perform the duties of this position. "; and Whereas: Applicants for an entry -level police officer job are held to a higher standard, which requires completion of at least 60 credit hours of college course work (equivalent to an associate degree) or six years of continuous military service; and Whereas: The towns of Amherst, Cheektowaga and Tonawanda, all require that their police chief have a college degree; and Whereas: The City of Buffalo's minimum requirements for the commissioner of police needs to be updated; and Now Therefore Be It Resolved: That the Buffalo Common Council does hereby support amending the City Charter to require that the Commissioner of police have at least a bachelor's degree as part of the minimum job requirements. Be It Further Resolved: That the Law Department is hereby directed to prepare the legislation necessary to amend the City Charter in regard to the commissioner of police minimum job requirements. Joseph Golombek, Jr. ADOPT FINAL RESOLVE, REFER REMAINDER TO THE COMMIMTEE ON LEGISLATION (/1 t� 007" By: Mr. Golornbek RE: Grant Permission to Hang a Banner on Elmwood Avenue Whereas: Mass Appeal is a fashion show that highlights Elmwood Village merchants and takes place at the Lafayette Avenue Presbyterian Church; and Whereas: The 3` annual fashion event will be held on November 5, 2010; and Whereas: Mass Appeal is the Elmwood Village Association's and Buffalo's version of New York City Fashion Week; and Whereas: This year's theme is "Wearable Art." Wearable Art, as seen in episodes of the Bravo show "Project Runway," incorporates everyday objects into clothing and accessories; and Whereas: To encourage residents to participate in Mass Appeal and to promote the event, the Elmwood Village Association would like to hang a banner across Elmwood Avenue (pole #815) at Lancaster Avenue; and Whereas: The Elmwood Village Association would Iike to hang the banner from October 8, 2010 until November 8, 2010; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to the Elmwood Village Association to hang a banner on Elmwood Avenue at Lancaster Avenue (pole ##815), promoting Mass Appeal from October 8, 2010 until November 8, 2010; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. Jos6bb Mlombek, Jr. J� �J 00Ci72 By: N1r. Golombek SUBJECT: Limiting Amount of Fulltime Employees in Individual Council Offices Whereas: Recognizing the loss of population within the City of Buffalo, the voters approved a downsizing of the Common Council in 2003; and Whereas: Since the downsizing, there has been an unwritten agreement that each individual office would only employee three falltime employees: one councilmernber and two fulitime assistants; and Whereas: There is a possibility that an individual office can circumvent this agreement by hiring more then the three allocated individuals; and Whereas: Any practice of hiring more than the agreed upon amount of employees leads to removal of money that can be better spent within the neighborhoods of each council district; and Whereas: Each additional new hire costs the citizens of Buffalo more than just salary, as they are required to pay health and retirement benefits upon their appointment; and Whereas: There has never been a report stating the actual costs associated with an additional employee hired by a council office. Now, Therefore, Be It Resolved: That this Honorable Body asks the City of Buffalo Comptroller's Office to conduct a review of all costs associated with each additional hire in an individual Common Council office and send a report of its findings to the Common Council, and Be It Further Resolved: That each individual Common Council office will refrain from firing more than the three fulltime employees for which they are currently budgeted until the Comptroller's Office reports back to the Common Council with their findings. Y 0. 1 Joseph Golombek Jr. mt (� I r ALA 000'3 RESOLUTION By: Dr. Curtis Haynes, Jr. Subject: Sale of former Public School 36 WHEREAS: This Honorable Body, by Resolution dated March 16, 2010, approved the sale of former School #36 to Elmwood Village Charter School for $540,000.00 based on the Report and Recommendation of the Appraisal Review Board dated March 9, 2010; and WHEREAS: On July 7, 2010, the Honorable Patrick H. NeMoyer, J.S.C. issued a Decision and Order setting aside the Report received by this Honorable Body and its action thereon, based upon, among other things, an alleged failure by the Appraisal Review Board to consider all of the appraisals before it, having arbitrarily set the value of the property at $540,000 and the existence of an unconditional offer to purchase the property submitted by Samuel J. Savarino for use of the property by West Buffalo Charter School for $800,000; and WHEREAS: The $500,000 unconditional purchase offer from Samuel J. Savarino for use by West Buffalo Charter School has not been withdrawn; and WHEREAS: Elmwood Village Charter School has been in operation for 4 yrs, during which time the school has continually proven to be a good neighbor and tremendous asset to the community. They have an established track record of student academic success and currently have a waiting list for new students. Elmwood Village Charter School has been seeking to purchase the former Public School Number 36 for $540,000 for the expansion of its Charter and has been working with the Days Park Block Club Association to ensure community support for their plans; and WHEREAS: Elmwood Village Charter School has stated that the acquisition of the building is critical to its expansion; WHEREAS: West Buffalo Charter School is a newly approved Charter School that has partnered with Buffalo Hearing and Speech, D'Youville College, and the Buffalo Philharmonic Orchestra among others. They have the potential to serve hundreds of underserved Buffalo School children, however as a new school, they have not yet had the opportunity to establish an academic track record or prove whether or not they will be a good neighbor in the community; and WHEREAS: West Buffalo Charter School has asserted that former Public School Number 36 is the only building available of appropriate size and accommodation that would allow them to operate and that they will lose their Charter if they are unable to identify the building as their location before December 1, 2010; and WHEREAS: Both Elmwood Village Charter School and West Buffalo Charter School, as potential purchasers, are proposing to use the property for Charter School purposes which would be a benefit to the community and the taxpayers; and WHEREAS: When the same use is proposed by two different purchasers, this Honorable Body is compelled to get the highest and best price for the sale of City property; and WHEREAS: There is no longer any question that both potential purchasers plan to use the building as a school, which was not clear until the prior sale by appraisal process had already commenced; and ./ WHEREAS: A solution is required for the sale of the property that protects the taxpayers by ensuring the highest and best price for the sale, while also ensuring that the property will be used as a school that will benefit the community over the long term; and WHEREAS: The process for the sale of the property needs to be fair and transparent to both charter schools in a way that insures that the building is sold and occupied as a school as soon as possible; and WHEREAS: The Court's July 7, 2010 Decision and Order rendered this Body's March 16, 2010 Resolution to sell the property for $540,000 null and void, therefore now enabling this Body to determine the appropriate City Charter prescribed method of sale; and WHEREAS: No appraisal of the property shall be made or deemed necessary in the case of the public auction prescribed herein, as any prior applications for appraisals are deemed null and void by virtue of the Court's July 7, 2010 Decision and Order and the Council is hereby not requiring any additional appraisals being had thereon. NOW THEREFORE BE IT RESOLVED, That this Honorable Body hereby provides that the property owned by the City commonly known as 40 Days Park and former Buffalo Public School #36 be offered for sale by the Commissioner of Permit and Inspection Services at public auction pursuant to §27 -6 of the City Charter and Code; and BE IT FURTHER RESOLVED, That notice of the time and place of the auction, together with a short description of the property shall be published at least once a week for two consecutive weeks in The Buffalo News prior to the auction date; and BE IT FURTHER RESOLVED, That the starting bid for such property be set at the $800,000 level for which a purchase offer has been made and that the property be sold in an "as is" condition in fee simple subject to the conditions that. 1. it be used as a school for the next fifteen years with the City of Buffalo retaining a reverter (or reversionary interest) in said property should it discontinue being used as an active school for a period of more than six consecutive months during said fifteen year time period measured from the time of closing, and 2. The purchaser of the property must at closing release the City (and the City School District) from all environmental liability and must indemnify the City (and the City School District) from all environmental liability related to the property; and BE IT FURTHER RESOLVED, That the auction to be conducted in no way binds the City to sell or convey the property to any party, as said conveyance can only be further initiated by a two- thirds vote of the Council pursuant to §27 -4 of the City Charter and would be subject to the additional requisite approvals contemplated by the provisions of said City Charter as well as by approval of the Buffalo Fiscal Stability Authority; and BE IT FURTHER RESOLVED, that the Commissioner of Permits and Inspections shall transmit a report to the Council of all bids received at such auction immediately thereafter for the Council's consideration of the same. Dr. Curtis Hayne ,, Jr. THE COMMITTEE Ellicott District Council Member DEVELOPMENT. 2 000 "? ' L AAJ On Tuesday, October S, 2010, the following resolution was unanimously adopted by the City of Buffalo Common Council, sponsored by South District Council Member Michael P. Kearns: Whereas: Ireland is an island nation and its people are an ancient and distinct culture. Throughout its history it has been comprised of 32 counties, but it was artificially divided into 26 county (The Irish Republic) and 6 county (Northern Ireland) units in the 1920's. This artificial, forced division of the Irish Nation was designed to be a transitory answer to issues in the 1920's and history has demonstrated that the Irish people have the right and responsibility to govern themselves; and Whereas: The Irish Republic is a member of the European Economic Union and a unified, independent Irish economy is the most effective way to grow that economy and the most fair and impartial path to extend the benefits of such growth to all of Ireland . Human and civil rights derive from the consent of the governed and are best guaranteed by the people's freely instituted, duly elected and independent government: and Whereas: A unified, independent Irish Police Service and Justice System are most likely to be effective, fair and impartial, and a unified independent Irish Society is most likely to provide for the social and practical needs of its people; and Whereas: The historic Good Friday Agreement, which was negotiated with American support, ratified by the English and Irish governments, and voted upon by the entire island of Ireland, includes provisions for achieving a United Ireland through purely democratic and peaceful means and for the development of North/South Institutions in cross- border cooperation: and Whereas: This Buffalo, New York Common Council and the United States have greatly benefited from the contributions of the sons and daughters of Ireland, and peace and prosperity for all of Ireland can be promoted through the Democratic reunification of Ireland as the ultimate roadmap for the Irish nation and people. Now, Therefore, Be It Resolved: That the Common Council of Buffalo, New York, hereby calls upon the English and Irish Governments to take the immediate steps necessary to bring to fruition the promises of the All Ireland institutions called for and envisioned by the Good Friday Agreement; and Be It Further Resolved: That this Common Council of Buffalo, New York, further requests that the Irish Government formally study the implications of a United Ireland and outline the fundamental steps for restoring the Irish Nation and publicly report their findings and plans; and Be It Farther Resolved: That this Common Council of Buffalo, New York, further suggests that the Irish Government move without delay to further the peaceful healing of the Irish Nation by granting duly elected northern MP's "Speaking Rights" in the Irish parliament and expand the voting rights for the Irish President to the citizens of the six counties of the North of Ireland; and Be It Finally Resolved: That the Compton Council of Buffalo, New York hereby directs the City Clerk to transmit certified copies of this resolution to the Ambassador for the Republic of Ireland, the Ambassador for the United Kingdom and to the Thomas W. Carroll, Erie County Division One, Ancient Order of Hibernians, as evidence of the sentiments and recognition of this body. Michael P. Kearns - South District Council Member 14 0 I C ; " v: Mr. Kea P FRS P ension �. That pursuant to §20 -12 of the Charter and the Certificate of the Mayer and the Comptroller submitted to the Common Council, the sum of $355,000 be and the same is hereby transferred and reappropriated from the Police and Fire Pension to the Department of Human Resources, as set forth below: From: Police and Fire Retirement System 17303002423002 PFRS Pension To- $ 55,000 Human Resources 12554006432004 Engineering and Technical $270,000 12554006454000 Advertising $ 85,000 REFERRED ®®® `SHE COMMITTEE ON F I NANCE, �kt. Eutrich,Donn To. Estrich,Donna Subject: EW: Contracts From: Licata,Olivia Sent: Tuesday, September 14, 2010 1 :26 PM To: Estrich,Donna Cc: Penksa,Janet, Thomas,Karla Subject: Contracts Hi Gonna: As was previously discussed, we are moving forward with the contracts for the following and request that money be allocated for processing:. Entrance -level Polir Officer Exam 1/0 Solutions Exam Contract $75,000 Travers Collins Recruitment /Advertising Con tract $85,000 Law Enforcement Psychological Assoc. /Dr. ,lay Supnick $150,O00 Detective Sergeant 1/0 Solutions Exam Contract $45,000 Thanks, Olivia 1 S 007 1t: Mr. Kearns IM rMO aR Inventory & Stores Tire ol[ That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $60,000 be and the same is hereby transferred from Inventory & Stores and said sum is hereby reappropriated as set forth below: From: Administration & Finance ---- Inventory & Mores 11781005 — 465002 Sp Tire Tube Public Works - Streets 15050005 - 465002 Sp Tire Tube To: $60,000 $60,000 _A BYRON W. BROWN STEVEN J. STEPNIAK j MAYOR COMMISSIONER a i PE'T'ER J. MERLO, P.E. July 26, 2010 Donna Estrich, Director of the Budget Department of Administration & Finance 203 City Hall Buffalo, New York 14202 Donna: V1/ith the adoption of the 20102011 City Budget on July 1, 2010, five (5) Tire Mechanics and one (1) Motor Equipment Mechanic Supervisor I were transferred to this department and those employees became members of the Division of Streets. I therefore request that $60,000 be transferred from the Department of Administration, Finance, Policy & Urban Affairs, Division of Purchase to this department for the - expenses that we expect to incur for managing and running the Broadway Garage Tire Roam. t have attached a copy of the Duties and Responsibilities of the Tire Room Supervisor as created by your department. If you have any questions, please contact me directly at 5636. Very truly yours, S t '.. Steven J. Step mk l Commissioner SJS /CAM cc: Henry Jackson Thomas Laudico Janet E. P'enksa Kathleen Fitzpatrick Attachment 55 NIAGARA SQUARE/ 502 CrrY H&LL /BUFFALO, NY 14202-3373 / (716) 851 -5636 / FAX; (716) 851 -4201 /Em": satopiu"@city -bu ff(Lfo.com — -- — 0 t- - E, 11 *AY *NO FO NTA NA F`R/jLNC ` GOLD E K # HAYNES LOS TO * �° I?M RA RUSSELL S Mai-- 2/3- 6 314- 7 006, VI) RESOLUTION Sponsor: Mr. LoCurto Re: Senior Legislative Assistant Appointment Whereas: I am appointing Brian C. Bray, who resides at 665 Parkside Avenue, Buffalo, New York as a Senior Legislative Assistant to the Common Council; and Whereas: Mr. Bray has previously worked for the Common Council as a Senior Legislative Assistant, for the Erie County Legislature as a Senior Administrative Clerk, and for the Erie County Water Authority; and Whereas: M•. Bray is a graduate of the University at Buffalo and received his B.A. in Political Science in 2002. Now, Therefore, Be It Resolved: That the Common Council appoints Mr. Brian C. Bray to the position of Senior Legislative Assistant to the Common Council of the City of Buffalo. Michael J. LoCurto Delaware District Council Member *A'M*NO* FON'ANA Irp GOLD IMBEK HAYNES KEARNS LOCURTO RUSSELL sNffm maj - 5 2/3- 6 314- 7 BY: Ms. RUSSELL 000173 BUDGET AND PERSONNEL AMENDMENT 14 — PARKING 1075 -- PARKING VIOLATIONS 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 14 — Parking, 1075 -- Parking Violations is hereby amended with the addition: 1 Assistant Administrator of Parking $ 51,7$$ s $ 61,315 IT IS HEREBY 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 KEVIN J. HELFER „COMMISSIONER OF PARKING AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. F p �� KEVIN J. HELFER COMMISSIONER OF PARKING REFERRED TO THE COMMITTEE ON F g. APPROVED A AK 6 Corporation Counsel 09/27/2010 l Attachment SOA p /A- DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND 111, " , 024 - 1 E . . == a CI'T'Y OF BUFFALO DEPARTMENT OF PARKING BYIMIN W. I31tC)WN' Ni IA Ok MEMORANDUM TO: Donna Estrich, Budget Director FROM: Kevin Helfer, Commissioner DATE September, 27, 2010 SUBJECT: Reinstatement of Assistant Administrator of Parking position KEVIN J. HELFER COAIMISSIONE'R I am requesting that you prepare the necessary paperwork to reinstate the title of Assistant Administrator of Parking in the 2010 -2019 budget. The title that would be replaced would be Senior Administrative Assistant which I would keep vacant. Our Department has ample money to cover this increase ($7,565) due to the fact that we have numerous vacancies. Year to date, we are $50,000 under budget in personnel costs. If you need anything, please don't hesitate to contact me. 65 \IAGARA SQUARF; / 111 CITY F1ALL / BUFFALO, NY 14202 -3399 / (716) 851 -5183 / FAX: (716) 851 -4757 / www.city°- buffalo.com BY: Ms. RUSSELL, 0 0 0 7 9 BUDGET AND PERSONNEL AMENDMENT 20 — POLICE 1105 — PUBLIC SAFETY The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 20 _ Police, 1105 - Public Safety which currently reads: 91 Detective $ 66,230 Is hereby amended to read: 100 Detective $ 66,230 IT IS HEREBY 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 fled 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 DANIEL DERENDA, POLICE COMMISSIONER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. 'd ,,"b f DANIEL DERENDA POLICE COMMISSIONER PASSED . „ DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE APPROVED A �?ORM C p rationCounsel 09/10/2010 Attachment SOA i� DEPARTMENT OF POLICE BYOON W. BROWN MAYOR September 13, 2010 Donna Estrich, Budget Director 65 Niagara Square City Hall, Budget Room 203 Buffalo, NY 14202 DANIEL DBRINDA COMMISSIONPR The Buffalo Police Department hereby requests the following budget amendment to the 2010/2011 fiscal year adopted budget: Add 3 Detective positions / Title Code # 2132 / Org 12005001 411001 / Salary Range: $66,230 - Utilize current year to date and projected attrition in Buffalo Police Department general fund budget due to current PBA vacancies, Org 12005001 411001 from $640,950 to $789,967, representing a total increase of $149,017.00 to cover the three positions. This calculation is based on filling all three positions by October 1, 2010. This amendment is necessary to fill the Detective positions required for the newly created Violent Crime Impact Team. If you have any questions, please call Inspector Joseph Strano at ext 4879 or Capt. Mark Makowski at ext 5843. Sincerely, Daniel Derenda Commissioner of Police Cc: Inspector Joseph Strano, BPD Admin. & Communications Captain Mark Makowski, BPD Admin. & Communications Lieutenant Joseph Panus, BPD Admin. & Finance i� 74 FRANKLIN S'TREE'T / BUFFALO, NY 14202 -4099 / (716) 851 -4444 / www.bpdny.oxg AYE NO Fb F RANC ZY K ds GO LOMB EK KEARNS RMRA RUSSELL SNWM maj-5 2/3- 6 314- 7 000 No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Garn -4 i Y ;. Whitfield, Jr. By Councilmember Council Members Smith, Franczyk, Golombek, LoCurto, Fontana Kearns, Haynes, Rivera, Russell Felicitation for Janiya A. R. Ashton By Councilmember Demone A. Smith Felicitation for Daphaney Rose Jacquitte By Councilmember Demone A. Smith Felicitation for Liz Lees By Councilmember pr. Curtis Haynes, Jr. Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED October 5, 20 14 iE On Tuesday, September 21, 2010, the following resolution was adopted, sponsored by Masten District Council Member Dernone A. Smith: Whereas: Garnell W. Whitfield, Jr., Commissioner of the City of .Buffalo Department of Fire, began his career with the Buffalo Fire Department on September 10, 1984. As a new firefighter he served the first eight months of his career at Engine 37 located at Rhode Island and Chenango Streets on the City's west side. In May of 1985 he was transferred to Engine 31 located at Bailey Avenue and Doat Street, where he served for 12 and a half years; and Whereas: In 1997, Commissioner Garnell Whitfield, Jr: felt the need to make a change and bid to Engine 33, formally located on Kehr Street. On November 11, 1998, after finishing number one on the promotional exam he was promoted to the rank of Chief Fire Administrator, and. Whereas, On November 15, 2004, former Mayor Anthony M, Masiello appointed Commissioner Garnell Whiolield, Jr. to the position of Deputy Commissioner of Personnel and Administration, Upon: his election as Mayor in.September 2006, the Honorable .Byron W. Brown saw f t to retain Commissioner Whitfield as a part of .Iris_ new administration and appointed him Deputy Commissioner ..of Emergency _Medical Services; and. Whereas: On January 1, 2010, Mayor Brown appointed Commissioner Garnell Whi *ld; Jr. as- Interim Commissioner of Fire. In May 2010 he was unanimously confirmed by the City of Bgffdla: Common Council a . nd permanently appointed as the Commissioner of the City of Buffala Department of `ire; and Whereas; A lifelong member of Durham Memorial AME Zion Church, Commissioner Garnell Wliileld, Jr. has served with distinction throughout his career. He is an advocate for members of the Department of Fire, a loyal citizen, and committed servant to the City of Buffalo. Now, Therefore, Be It Resolved: That it is an honor and privilege for the City of Buffalo, felicitations to Fire Department COMMISSIONER GARNEL for his 26 years of committed service to the City of Buffalo, Demone A. Smith, Masten District N.Y. Common Council to extend-our sincere W. WHiTFIELO, JR., and acknowledges him David A. Franczyk, Eillmore District Richard A. Fontana, Lovejoy District sep Golombek, Jr,, North District Michael P. .Kearns, South District Curtis es, Jr., Ellicott District David A. Rivera, Niagara District Bonnie E. Russell, University District f� F , Y On Tuesday, September 21, 2014, the following resolution was adopted, sponsored by Masten District Council Member Demone A. Smith: Whereas: Janiya A. R. Ashton is seven years old and was born in Buffalo, New York. Her family and friends find d in remembering a time after the age of 10 months when she did not communicate tivith words and in complete sentences; and Whereas: Janiya Ashton's first public appearance was in 2005 at the age of two as News Channel 4 filmed her as she spearheaded a fundraiser for Hurricane Katrina victims. At age 2 Janiya was key evidence in an Early Childhood defense presentation project showing proof that it is never too early for a young child to receive. a curriculum -based education; and Whereas: Janiya.Ashton participated as one of the motivational speakers for the 2005 Western New York Cops, Inc. Fallen..OjfIcers Candle Light Ceremony. In February of 2005, Janiya was given a Certificate for Honorable &Praise Worthy for the- 2006 Harriet Tubman Oratorical Contest from Durham Memorial AME Zion Church. Al this contest she memorized and recited the Pledge of Allegiance; and Whereas: Janiya Ashton . was invited by Dr. James Williams, the Superintendent of Buffalo City Schools, to recite the I'ledge.ofAllegiance at the City of Buffalo Board of Education meeting On Mar. h:J, 2006 she represented. Office of Children and Family Services (" OCFY) Commissioner John A. ibhl son at Buffalo Public School Righgate - .eights proving that at any age information and. hard work produces measurable educational benefits. On March 22, 2006, the Buffalo Board of Education awarded Janiya a Certificate.afAchievement; and Whereas. On Saturday, September 25, 2010, Janiya Ashton will be a keynote speaker at the Red Attire Gala Heart Healthy Luncheon, a fundraising benefit for the Central City Cafe soup kitchen.: Central City Cafe is one of the largest soup kitchens in the City of Buffalo and has been in weekly operation since 1990. Now, Therefore, Be It Resolved: That it is an honor.- and privilege for the City of Buffalo, N. Y. Common Council to extend our sincere felicitations to J ANIYA A. R. ASHTON, 'and congratulates her far her accomplishments and achievements. F Demone A. Smith Gerald Chwalinski Masten District Council Member City Clerk On Tuesday, September 21, 2010, the following resolution was adopted, sponsored by Masten District Council Member Demone A. Smith: Whereas: Daphaney Rose Jacquitte began competing in pageantry at the age of seven. As a child, she was often teased and her mother believed that the experience could boost her self - esteem. She was entered into the 1996 Miss New York American Princess pageant and although she did not win the crown, she won a learned lesson in individuality. Her first pageantry experience gave her confidence to become more involved in her school and her community; and Whereas: In high school, Daphaney Jacquitte played the lead role of Ms. Jones in "How to Succeed in Business Without Really Trying" and was lead organizer of SING, a theater competition for high school students. In college she highlighted her choreography each year in the annual Student Choreographer's Showcase. Daphaney was also.a peer advisor; where she counseled both transfer students and students of lower academic standing; and Whereas: Daphaney Jacquitte is the first beauty pageant winner from her hometown. She has held the title of Miss New York Teen 2007 and Miss Black Queens USA 2010. On December 6, 2009, she captured the state title of Miss Black New York USA 2010 at the DiCapo Opera Theater in Manhattan ? . NY. Her winning talent, an interpretive dance to Maya Angelou's "Phenomenal Wornan ", is near .to her heart because it spears of the trials she faced as a young woman growing up; and Whereas: As the new Miss Black New York, Daphaney Jacquitte has participated in .a number of events including,: teaching fitness classes, hosting a "Take 25" event for the National Missing Children's campaign, and assisting rapper 50 Cent at his "Forever Young community event. Through her platform, "Self Esteem Awareness", she implements the value of self - esteem and confidence in young girls by teaching etiquette classes in her neighborhood after school program "Tiara Days "; and Whereas. On Saturday, September 25, 2010, Dtaphaney Jacquitte will be a keynote speaker at the Red Attire Gala Heart Healthy Luncheon, a fundraising benefit for the Central City Cafe soup kitchen. Central City Cafe is . one of the largest soup kitchens in the City of Buffalo and has been in weekly operation since 1990: . Now, Therefore, Be It Resolved: That it is an honor and privilege for the City of Buffalo, N. Y. Common Council to extend our sincere welcome to .IDAPH NEY ROSE JACQUITTE, and congratulates her for her accomplishments and commitment to her plafform of self - esteem awareness. Demone A. Smith Masten District Council Member 14AJ4 a - a-Km" Gerald Chwalinski City Clerk f `, At the regular meeting of the Common Council of the City of Buffalo, held Tuesday, October 5 2010 the following proclamation was unanimously adopted, sponsored by Council Member Curtis Haynes, Jr.: Whereas: Liz Loes obtained her Master of Library Science in May of 1998, and Bachelor of Arts in February 1985, with a Major in English Literature and Minor in l=ine Arts; and Whereas: In April of 2008, Liz Loes began utilizing her landscaping, installing and maintenance skills to repair the walkways and lawns of Buffalo's West Side streets, beginning with Virginia St. and Prospect Ave., having started community gardens in the aforementioned. streets; and Whereas: Liz Loes began.the initiative to coordinate volunteer efforts to begin a drive to collect donations of flowers, shrubs; vegetables, space on neighborhood properties, lawn-mowing services and community labor; and Whereas: Liz i oes organized a newsletter for the Virginia /Prospect community as well as initiated for the community to participate in Buffalo Garden Walk 2010; and Whereas:. Liz.Loes also donates her time and services as a.gardener to Commonity.mu sic School at 415 Elmwood Ave. from July 2009 to the present, and to NYS DOT, Buffalo Olmstead Parks- C6n- servancy for Virginia andNiagara Streets, and developing park at Exit 2. on Niagara St. of NYS thruway from . September 2007 to the present; and Now, Therefore Be It Proclaimed: That the Common Council of the City of Buffalo joins the Four Corners of Virginia and_ Prospect in recognizing Liz Loes strong, artistic leadership in the community to beautify Buffalo's West Side; and Be It Further Proclaimed: That the Buffalo Common Council hereby designates October 5 1h 2010 to henceforth be known as "Liz Lees Day" in the City of Buffalo, New York. Dr. Curtis Haynes, Jr. Ellicott District Council Member I - �WR V ,a City Clerk 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 Tuesday, October 12, 2010 at 9:45 o'clock A.M. Tuesday, October 12, 2010 at 10:00 o'clock A.M. Tuesday, October 12, 2010 at 1:00 o'clock P.M. Tuesday, October 12, 2010 at 2:00 o'clock P.M. Special Committees Special Committee on Finance Wednesday, October 6, 2010 at 1:30 o'clock P.M. (Public Disclaimer): All meetings are subiect to chance 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. 000 S2 No. Adjournment On a motion by Mr. Fontana, Seconded by •� s, the Council adjourned at GERALD CHWALINSKI CITY CLERK October 5, 2010 Board of Police and Fire Pension Proceedings #8 Office of the Mayor -201 City Hall September 15, 2010 Present: Hon David A. Franczyk Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of August 2010 amounting to $3,740.00 and September 2010 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of August 2010 amounting to $2,815.00 and September 2010 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 Noes -0. No. 3 On motion by Mr. Ball the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.