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11-0920
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO September 20, 2011 AT 2;00 P.M. Present — David A. Franczyk, President of the Council, and Councilrnembers: Fontana, Golombek, Kearns, LoCurto, Pridgen, 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 6, 2011 were approved. FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN RIVEPA RUSSELL SMITH [_- ____- _____d] [MAJ° 5] [2/3 - 6] [3 /4a 7] *AYE* NO* * * * septomber 20, 2011 * * * * * * * * * * * * * * * * * * * septomber 20, 2011 FROM THE MAYOR September 20, 2011 FROM THE MAYOR - EXECUTIVE DEPARTMENT September 20, 2011 FROM THE OFFICE OF CITIZEN SERVICES COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 1, 2011 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Report August 2011 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of August 2011, as mandated by Section 0- 20 (c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Department Head Name: Title: Signature of:Department Hi RECEIVED AND IL F City of`aauffalo Citizen Services 218 City 'Hall Calls Between 8111201'1 and 813112011 Calls Between 81172011 and 813112011 a FROM THE OFFICE OF STRATEGIC PLANNING . 00002, 1 (Rev. 9/93) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 14, 2011 FROM: DEPARTMENT: Strategic Planning DIVISION: Neighborhood Development SUBJECT: APPROVAL OF CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF STATE (NYSDOS) ENVIRONMENTAL PROTECTION FUND (IPF) LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) TO ACCEPT AND ADMINISTER $874,360 IN FUNDING FOR THE ADVANCING REDEVELOPMENT OF BUFFALO'S WATERFRONT PROJECT (NYSDOS GRANT COO6909). PRIOR COUNCIL REFERENCE: TEXT: TYPE SINGLE SPACE 1BE1LO The City of Buffalo, in collaboration with the Valley Community Association and the Buffalo Niagara Riverkeeper, will advance construction of the Buffalo River Historic District Park, a 2.5 -acre public access linear park on the Buffalo River, prepare a feasibility report for a community boating facility, and finalize the City of Buffalo Local Waterfront Revitalization Program. Primary components of this project include: $ City of Buffalo Local Waterfront Revitalization Program (LWRP) The City of Buffalo will finalize its Local Waterfront Revitalization Program, while continuing to coordinate implementation of priority projects. Buffalo River Historic Park/River Fest Park A contractor will be hired to construct a two- story, approximately 4,000 square -foot building for the Buffalo River Historic District Park (a.k.a. Buffalo River Fest Park).This "lodge building" will provide the general public with, among other things, an indoor facility for park programming activities. Buffalo Waterways Center Feasibility Study A consultant will be hired to conduct a feasibility study to determine the potential for building one or more multi -use community boating facilities in the City of Buffalo. The 50% match required for the Grant will be provided via "in -kind" project work, including Office of Strategic Planning staff time related to the LWRP finalization and implementation initiatives, construction of other elements of Buffalo River pest Park and Buffalo Riverkeeper activities related to the Buffalo Waterways Feasibility Study. The Project will not result in the expenditure of any City of Buffalo funds and will reimburse the City for activities pursuant to the finalization of LWRP initiatives. am recommending that Your Honorable Body authorize the City to contract with the NYSDOS to accept the $874,360 Advancing Redevelopment of Buffalo's Waterfront Grant. The Office of Strategic Planning is requesting that your Honorable Body hereby: Ratify and confirm the prior application materials submitted to obtain the above referenced grant funding commitments; Authorize the Mayor to execute the necessary grant funding agreements(in substantially the form attached hereto)and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; Authorize other city personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements (including but not limited to an agreement or agreements between the City of Buffalo and the Valley Community Association and Buffalo Niagara Riverkeeper, under which the City would provide grant money as appropriate). DEPARTMENT HEAD NAME: Brendan Mehaffy, Esq. TITLE: Executive Director, Office of Strategic Planning ' SIGNATURE OF ®tVtSl ®N OR DEPARTMENT HEAD �� 1 13I:�� 7 " STATE AGENCY (Name and Address): NYS Department of State One Commerce Plaza 99 Washington Avenue - Suite 1010 Albany, NY 12231 -0001 CONTRACTOR (Name and Address): City of Buffalo 65 Niagara Square Buffalo, NY 14203 FEDERAL TAX IDENTIFICATION NUMBER: 16- 6002533 MUNICIPALITY # NYS COMPTROLLER'S #: C006909 ORIG. AGENCY CODE: 19000 TYPE OF PROGRAM: Environmental Protection Fund Act - 2008 LWRP STATE SHARE FUNDING AMOUNT FOR INITIAL PERIOD $874,360 LOCAL SHARE FUNDING AMOUNT FOR INITIAL PERIOD $874,360 INITIAL CONTRACT PERIOD: FROM: May 1, 2009 TO: April 30, 2012 APPENDICES ATTACHED TO AND PART OF THIS AGREEMENT APPENDIX A: Standard clauses as required by the Attorney General for all state contracts APPENDIX A1: Agency - specific clauses Including Attachment I - Final Project Summary Report Attachment 2 - Minority and Women -owned Business Enterprises (MWBE) Program Quarterly Contractor Report Attachment 3 - Project Status Form Attachment 4 - Procurement Certification APPENDIX B: Budget APPENDIX C: Payment and Reporting Schedule APPENDIX D: Program Work Plan APPENDIX F; Notices APPENDIX G: Electronic Payments APPENDIX X: Modification Agreement Dorm (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) IN WITNESS THEREOF, the parties hereto have .executed or approved this AGREEMENT on the dates below their signatures. Contract No, C006909 CONTRACTOR City of Buffalo By: STATE AGENCY: New York State Department of Mate By: (Print Name) (Print Nam6) Title: Title: Date: Date: State A enc Certification "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." ACKNOWLEDGMENT State of New York ) County of ) ss: On this day of , in the year 20 , before me personally appeared to me known, who being by me duly sworn, did depose and say that he/she is the of , the organization described in and which executed the above instrument; and that he/she has the authority to sign on behalf of said organization; and that he /she executed the foregoing agreement for and on behalf of said organization. NOTARY PUBLIC ATTORNEY GENERAL: Approved: � Thomas P. DiNapoli State Comptroller Title: By: Date: Date: IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. Contract No. 0006909 CONTRACTOR City of Buffalo By: (Print 1Pama) Title: Date: ACKNOWLEDGMENT State of New York ) County of - ._....._ ) STATE AGENCY: New York State Department of State By: (Print Name) Title: Date: State Agency CertiEcation "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." On this day of , in the year 20 , before me personally appeared to me known, who being by me duly sworn, did depose and say that he /she is the of , the organization described in and which executed the above instrument; and that he /she has the authority to sign on behalf of said organization; and that he /she executed the foregoing agreement for and on behalf of said organization. NOTARY PUBLIC ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller Title: By: Date: Date: } i IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. Contract No. C00 6909 CONTRACTOR City of Buffalo B y : _ (Print Name) Title: Date: ACKNOWLEDGMENT State of New York ) County of ) ss: (Print Nam o) Title: Date: State _A ency Certification "in addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." On this day of , in the year 20 , before me personally appeared to the known, who being by the duly sworn, did depose and say that he /she is the of , the organization described in and which executed the above instrument; and that he /she has the authority to sign on behalf of said organization; and that he /she executed the foregoing agreement for and on behalf of said organization. NOTARY PUBLIC ATTORNEY GENERAL: Title: Date: STATE AGENCY: New York State Department of State By: Approved: Thomas P. DiNapoli State Comptroller By: _ Date: .. h ! '. AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the Face Page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW, THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: I. Conditions of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the Face Page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix for that PERIOD. C. This AGREEMENT incorporates the Face Page attached and all of the marked appendices identified on the Face Page hereof. D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used). Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT. To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in. accordance with agency guidelines as stated in Appendix Al. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Work Plan (Appendix D) in accordance with: provisions of this AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. R If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A. (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of this AGREEMENT. i 2 II. Payment and Reporting A. The CONTRACTOR., to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix Q. The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the Face Page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. III. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. B. The STATE may terminate this AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix A 1. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of this AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status. I It V. Proper Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix Al. VI. Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B, Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under this Agreement and in conformity with applicable provisions of laws and regulations, or specified in Appendix A 1. � APPENDIX A STANDARD CLAUSES FOR NO'S CONTRACTS (June 2006) The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby trade a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE In accordance with Section 41 of tile State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else boyond fiends appropriated and available for this contract. this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with S ection 239 thereof, Contractor agrees that neither it nor its subcontractors shalt by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 2. NON- ASSIGNMENT CLAUSE In accordance with Section 138 of the State Finance Law, this contract maynot be assigned.by the Contractor or its right, title or interest thercin assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. 'Die Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. COMPTROLLER'S APPROVAL In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller`s approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6,a). 4. WORKERS' COMPENSATION BENEFITS In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NOM- DISCRIMINATION REQUIREMENTS To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220 -c of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason ofrace, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If 6. WAGE AND HOURS PROVISIONS If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7, NON - COLLUSIVE BIDDING CERTIFICATION In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non- collusive bidding certification on Contractor's behalf. H. INTERNATIONAL BOYCOTT PROHIBITION In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET -OFF RIGHTS The State shall have all of its common law, equitable and statutory rights of set- off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases of set- offpursuant to an audit, the finalization June 2006 i of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "tbe Records "). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records duringnormal business hours at an office ofthe Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute ") provided that: (i) the Contractor shall timely infonn an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give thereason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance: The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York States Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12.E UAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of S 100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major A -2 repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of S 100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend finds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs ofaffirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work ") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thercot) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW This contract shall be governed by the laws of the State of New York exccpt where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. June 2006 I 17. SERVICE OF PROCESS In addition to the methods of service allowed by the State Civil Practice Law & Rules ( "CPLR "), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refiised or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS The. Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law § 165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State, In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the.prime Cant €actor wi 11 indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES In accordance with the MacEride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992 It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women - owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Econonvc Development Division for Small Business 30 South Pearl St -- 7" Floor ,Albany, New York 12245 Telephone: 518 -292 -5220 Fax: 518- 292 -5884 http://www.empire.state.tiy.us A -3 A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South.Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518 -292 -5250 Fax: 5I8- 292 -5803 http: //Nvww.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million; (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; acid (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state orpolitical subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states ofSouth Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APPAREL In accordance with State Finance Law 162 (4 -a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. June 2006 APPENDIX Al AGENCY- SPECIFIC CLAUSES I. This Agreement has been entered into pursuant to the following understandings: A. Title 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for the State share of the cost of approved local waterfront revitalization projects as defined in the Act. B. The Department of State (Department) is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. C. Based upon information, representations and certifications contained in Contractor's application for funding, including the Program Work Plan as set forth in Appendix D, the Department has made a determination of eligibility of funding for Contractor's project under such Act. D. State funds (Funding Amount set forth on the Face Page) for this Project (Appendix D Program Work Plan) are provided pursuant to a reappropriation of funds originally made by Title 11 of the Environmental Protection Fund Act. E. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. F. The 2009 "Request for Applications" required the Applicant to budget for costs associated with training for projects. G. Where Contractor is required to attend training session(s) in Appendix D, Program Work Plan, the Contractor agrees to participate in the designated training session(s). The Department will notify the Contractor when training session(s) will be held. The Contractor agrees to submit payment for the required registration fee(s) in accordance with the notification letter from the Department. H. Failure of the Contractor to transmit the registration fees or attend the training session(s) will result in the withholding of payments in the amount of the registration fee(s) and could result in this contract being terminated. In no case should the funds allocated for training be used for any other purpose without prior approval of the Department. II. General A. For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. hi addition, the terms "Agreement" and "Contract" are interchangeable, unless the context requires otherwise. B. The contract period as set forth on the Face Page is the inclusive period within which the provisions of this Agreement shall be performed. C. No liabilities incurred prior to the contract period will be eligible under this Agreement. D. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless: 1) fiends have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. E. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the Initial Contract Period of this Agreement may be extended by up to two contract periods not to exceed twelve months each. The parties shall revise or Al -2 complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. F. To modify any terms of this Agreement within an existing period, the parties shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. G. The Department shall not be liable for expenses of any kind incurred in excess of the State Funds as set forth on the Face Page, and shall not be responsible for seeking additional appropriations or other sources of funds for the Project. H. The Contractor shall perform all services to the satisfaction of the Department. The Contractor shall provide all services and meet the program objectives described in Appendix D in. accordance with: provisions of this Agreement; relevant State, federal and local laws, rules and regulations, administrative and fiscal guidelines; where applicable, operating certificates for facilities or licenses for an activity or program, and conditions of applicable permits, administrative orders and judicial orders. 1. The Contractor shall submit with its request for final payment a Final Project Summary Report in the format described in Appendix Al, Attachment. J. The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with the timetable set forth in the Mork Plan (Appendix D) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. K. The Contractor shall submit a Quarterly Contractor Report (Appendix AI, Attachment 2) pursuant to the Department's Minority and Women -owned Business Enterprises Program. In the event Contractor utilizes Minority and Women -owned Business Enterprises as discussed in Section XVI in Appendix A1, such report shall be provided to the Department at the address on the Quarterly Contractor Report. L. The Contractor shall submit a "Project Status Report" (Appendix Al, Attachment 3) on a six month basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following the end of each reporting period. III. Additional Re uirements for Construction Pro`ects A. Project design, including preparation of final plans and specifications, and supervision of construction shall be undertaken by a qualified architect and/or engineer licensed to practice in the State of New York, The Contractor shall submit final plans and specifications to the Department for its acceptance before initiating construction work or, if the Contractor intends to subcontract for construction work, before the work is advertised for bidding. No change to project plans may be made without the prior written approval of the Department. The Contractor shall also be responsible for erecting a project sign satisfactory to the Department identifying the Project. The project sign shall remain in place for the useful life of the improvements undertaken pursuant to this Agreement. Upon completion of the Project, the Contractor shall submit to the Department a proper certification from a licensed architect or engineer. B. The State shall make periodic inspections of the project both during its implementation and after its completion to assure compliance with this Agreement. The Contractor shall allow the State unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the State in all construction contracts relating to the project. C. The Contractor shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 101 - 13.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. Al- 3 D. It is the Contractor's responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for State audit and review either proof that they have Workers' Compensation coverage for any employees, or a waiver statement from the New York State Department of Labor. The Contractor must also obtain from any contractor or sub- contractor hired to provide a service pursuant to this Agreement, similar proof or waiver from the contractor or subcontractor, and must maintain such documentation on file for audit. IV. Reports, Documents and Maps The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in part under this Agreement by endorsing on said documents, reports, and reaps the following: "This (document, report, map, etc.) was prepared for the New York. State Department of State with funds provided under Title I 1 of the Environmental Protection Fund Act." V. License to use and .reproduce documents and other works: By acceptance of this Agreement, Contractor transfers to the Department a nonexclusive license to use, reproduce in any medium, and distribute any work prepared for or in connection with the Project, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement. Such warranty shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. VI'. Contractors Insurance Re uirements A. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. B. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. C. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non- contributing to any insurance or self insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty (30) days prior to the cancellation, non - renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 1 223 1 -0 00 1; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. D. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. E. Each insurance carrier must berated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. F. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. Al -4 G. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. H. Unless the Contractor is self = insured; Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (litnits may be provided through a combination of primary and umbrella/excess policies). Where Contractor is self - insured, the Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Stich liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products - completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assurned in a contract) and explosion, collapse & underground coverage. a. If such insurance contains an aggregate limit, it shall apply separately to this location. b. Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of contractors work. 2. Where the Project described in Appendix D includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. 3. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. 4. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. 5. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the Department held in their care, custody and/or control. 6. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. I. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than $1 million. VII. Pr. operty A. Pursuant to the provisions set forth in Section V, Page 3 of this Agreement, the ownership of all property described therein shall reside with the Contractor unless otherwise specified in writing by the Department at any time during the term of this Agreement and up to thirty (30) days following the issuance of the final payment. B. Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and /or rights-of-way sufficient to assure undisturbed use d - `^\1 Al -5 and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. VIII. Date /Time Warrant A. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date /time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition. - requires that specific products must perform as a package or system, this warranty shall apply to the products as a system. B. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim. processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date /time data (including, but not limited to, calculating, comparing, and sequencing) various date /tithe transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. C. This Date /Tithe Warranty shall survive beyond termination or expiration of this Contract through: a) ninety (90) days orb) the Contractor's or Product manufacturer /developer's stated date /time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. IX. Pees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. A. Except for the imposition of differential fee schedule for non - residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Pees charged to non - residents shall not exceed twice those charged to residents. B. Where there is no charge for residents but a fee is charged to non- residents, nonresident fees cannot exceed fees charged for residents at comparable State or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non- residents and the period of availability must be the saute for both residents and non - residents. D. This provision does not apply to nonresidents' fishing and hunting license fees. X. Alienation Where the project is undertaken on or involves parklands or public waterfront land, the following additional provisions apply: A. The Contractor shall not at anytime sell or convey any facility or any portion of the project acquired or developed pursuant to this Agreement or convert such facility or any portion of the project to other than public park or public waterfront purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent Al- 6 usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State. B. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. XI. Subcontracting Recittirements A. The Contractor may subcontract for all or any portion of the activities covered by this Agreement as provided for in Appendix D, subject to prior written approval by the Department of any subcontractor and the terms of any subcontract. Subcontractors shall comply with all applicable requirements of the Agreement between the Contractor and the State. XII. Compliance with Procurement Requirements A. All contracts by municipalities for service, labor, and construction involving not more than $35,000 and goods and equipment involving not more than $10,000 are subject to the requirements of General Municipal Law § 104 -b, which requires such contracts to comply with the procurement policies and procedures of the municipality involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject to any additional requirements imposed by the State as set forth in Appendix D hereof. B. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the Department of State that applicable public bidding procedures of General Municipal Law § 103 were followed for all service, labor, and construction contracts involving more than $35,000 and all goods and equipment contracts involving more than $10,000. In the case of contracts by municipalities for service, labor, and construction involving not more than $35,000 and goods and equipment contracts involving not more than $10,000, the municipal attorney, chief legal officer or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law § 104 -b were fully complied with. C. All contracts by non- municipal entities such as a community -based organization, shall have its chief legal officer or financial administrator certify to the State that alternative proposals and quotations for professional services were secured by use of written requests for proposals through a publicly advertised process to ensure the prudent and economical use of public funds for professional services of maximum quality at reasonable cost. XIII. Requirements for. Contract GIS. Products (2104) A. GENERAL MAP PRODUCT REQUIREMENTS -- The following general cartographic requirements must be adhered to by the Contractor: Map Products -- The Department requires delivery of digital map products, unless otherwise specified in the Request for Proposal (RFP), that meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. If analog map products are required by the RFP, they must meet specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL -READY MAP PRODUCT REQUIREMENTS section. 2. Deliverable Format -- All digital map and attribute table files must be provided in Mapinfo Tab file format on Recordable CD or DVD, 3.5" floppy diskette media, external Bard drive, via e-mail attachment (preferably in a WinZIP file) or downloadable from an fip site on the Internet. Alternatively, the digital products may be provided in Arclnfo /GIS export format (e00) or ArcView shape file format on the same media types upon approval of the Department. All other digital formats require prior �S- Al- 7 approval of the Department. Coordination with the Department prior to submission of digital media is required to ensure compatibility of the delivered materials. 3. Documentation -- A data dictionary must be included along with the map files describing file contents and file names, as well as metadata for each file including map projection, horizontal and vertical datums used, coordinate system, RMS accuracy and log sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal funds must be provided in a manner which meets Digital `Geospatial.Federal Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April 11, 1994, „ Coordinating Geographic Data Acquisition and Access: the National Spatial Data Infrastructure ". 4. Map Accuracy -- Unless otherwise stated in the RFP, all deliverable map products must conform to National Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well - defined map points tested must be more than 1150 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates to a required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map Accuracy Standards, then a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS, NOS, Coastal Mapping Handbook 1978, Melvin Ellis editor, U.S. Government Printing Office, Appendix 6. 5. Datums -- Unless otherwise specified in the RFP, all map products should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). B. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic construction requirements must be adhered to by the Contractor: I . Edge - matching -- All map sheets must be both visually and coordinate edge - matched with adjacent map sheets. No edge -match tolerance will be allowed. Attributes for splitable features must also be identical. 2. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. 3. Point Duplication -- No duplication of points that occur within a data string is permitted. 4. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; 'overshoots ", "undershoots ", "slivers ", or 'offshoots" are NOT permitted. 5. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. 6. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. 7. Graphic Precision -- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth (.001) of a foot. Al- 8 8. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better for digital snap registration. C. ADDITIONAL DIGITAL,- READY MAP PRODUCT REQUIREMENTS ---- The following requirements for large scale, non - digital map products must be followed to facilitate the future conversion of the maps to digital map products. All large format, non - digital map products must be provided on stable base material at a scale stipulated in the RFP. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. 1. Base Map Media -- All maps must be created on mylar or other stable base material. 2. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Department, all maps should be compiled at 1:24,000. If other snap scales are approved by the Department, where possible they will conform to standard map scales such as 1:9600; 1 :50,000; 1:75,000; or 1:100,000. 3. Map Registration -- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat /L.ong or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. 4. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the snap scale. 5. Cartographic Quality -- The quality of all map line work and symbolization must conform to items I - 6 in the trap criteria set forth in the ADDITIONAL. DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. D. CONTRACT DATABASE STANDARDS Delivery Media — All database and tabular files must be provided on digital media as specified above in Deliverable Format, 2. Software Format --- Database and tabular files can be provided in Corel Quattro, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. 3. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. XIV. Payment and Records Retention A. Payments shall be made as set forth in Appendix C. B. The Contractor shall maintain, at its principal place of business, detailed books and accounting records supported by original documentation relating to the incurring of all expenditures, as well as payments made pursuant to this Agreement. The Contractor shall make such records available for review by the Department upon request at any time. The Department shall have the right to conduct progress assessments and review books and records as necessary. The Department shall have the right to conduct an on -site review of the .Project and/or books and records of the Contractor prior to, and for a reasonable time following, issuance of the final payment. The Department shall be entitled to disallow any cost or expense, and /or terminate or suspend this Agreement, if the Contractor has misrepresented any expenditures or Project activities in its application to the Department, or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain such books and accounting records in a mariner so that reports can be produced therefrom in accordance with generally accepted accounting principles. The Al- 9 Contractor shall maintain separate fiscal books and records for all funds received through the Department pursuant to this. Agreement. C. During the term of this Agreement and for a period of six years after its termination, the Contractor shall make all such books and records available to the Department and the Office of the State Comptroller, or their designated representatives, for inspection and audit. XV, hqggLMRLoyment The Contractor hereby assures that it is, and shall be for the duration of this Agreement, in compliance with the Federal Equal Employment Opportunity Act of 1972 (Public Law 92 -261), as amended. XVI. Article 15 -A of The New York State Executive Law The Department of State administers a Minority and Women -owned Business Enterprises (MWBE) Program as mandated by Article 15 -A of the New York State Executive Law. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women -owned business enterprises. Under this law, all state agencies must, subject to certain exceptions, establish goals for minority and women -owned business participation in certain state contracts and grants. Where MWBE goals are required, even in circumstances where this goal is zero, a Quarterly Contractor Report is required to be submitted to the Minority and Women -owned Business Program of the Department on forms provided by the Department, as set forth in Appendix A1, Attachment 2. Article 15-A requires that rules and regulations be established for contracts entered into by the Department. In accordance with Article 15 -A, goals must be set for contracts entered into by the Department in excess of $25,000 for labor, services, supplies, equipment, and materials, or any combination of the foregoing, and for contracts entered into by the Department in excess of $100,000 for acquisition, construction, demolition, replacement, major repair, renovation or improvement of real property. In applying these rules and regulations, the Department must consider the availability of certified minority and women -owned businesses in the region in which the state contract will be performed, the total dollar value of the contract, the scope of work to be performed, and the project size and term. The contractor will, when required as a part of the bid or proposal, submit a Staffing Plan on the form provided by the Department. This Plan will detail the work force anticipated in the performance of the state contract, reported by ethnic background, gender, and Federal Occupational Categorics. After a bid opening and prior to the award of a state contract, the contractor will submit an Equal Em to meat Opportunity (EEO) Policy Statement to the Department within the time frame established by the Department. The law requires that, as a precondition to entering into a valid and binding state contract, the contractor will agree to the following stipulations and will include thern in the EEO Polio Statement: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status. The contractor will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative action applies in areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. The contractor will make active and conscientious efforts to employ and to utilize minority group members and women at all levels and in all segments of its work force on state contracts, and the contractor will document these efforts. Al- 10 The contractor will state in all solicitations and advertisements for employees that, in the performance of the state contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. The contractor will, at the request of the Department, request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate because of race, creed, color, national origin, sex, age, disability or marital status, and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein. • The contractor will include the provisions regarding the EEO Policy Statement and the Staffing Plan enumerated above in each and every subcontract of a state contract in such a manner that the subcontractor is bound by these requirements. • Failure to provide an EEO Policy Statement and a Staffing Plan without reasonable written justification or commitment to provide these requirements by a specified date will result in rejection of the contractor's bid or proposal. • After the award of a state contract, the contractor will submit to the Department a Workforce Emplovment Utilization Report on the form supplied by the Department, detailing the work force actually utilized on the state contract, by ethnic background, gender and Federal Occupational Categories, as specified on the farm. This Report will be submitted to the Department on a quarterly basis throughout the life of the contract. • The contractor, and any of its subcontractors, may be required to submit compliance reports relating to their operations and implementation of their affirmative action or equal employment opportunity program in effect as of the date the state contract is executed. Questions regarding this program should be directed to the Department's Minority and Women -owned Business Program by calling 474 -5741. Potential contractors can access the NYS Directory of Certified Minority and Women -owned Business Enterprises on -line through the Empire State Development website at: http: / /www.empire.state.ny.us and click on NY V BIZ. From the list on the top left of the page, click on Small and Growing Business and, from that drop -down menu, click on: Minority and Women -Owned Business. On the top of the page click on the heading "MWBE Directory." The Department makes no representation with respect to the availability or capability of any business listed in the Directory XVII. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. XVIII. Submission of all correspondence and documentation A. Unless otherwise stated in Appendix D, the Contractor agrees to provide the Department with the required products in the following formats. All products and shall include the NYS Comptroller's # as indicated on the Face Page of this Agreement and where applicable, reflect the Task # it relates to in the Appendix D. 1. Draft products: two paper copies of each product must be submitted. 2. Final products: two paper copies of each product must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe@ Acrobat® Portable Document Format - PDF'), created using 300 dpi scanning resolution, and be V 1 11 Ala 11 submitted on a labeled CD -R type CD. The CD must be labeled with the contractor name, contract #, and project title. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. B. Contractor agrees to provide the Department with original and one copy of payment request documentation as described in Appendix C. XIX. Environmental Review A. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental impact statements, findings, and determinations, relating to the Project. B. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided Department with appropriate documentation that contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. XX. Default and Termination A. The Department may terminate the Agreement in accordance with the terms and conditions in Section III of the Agreement. B. In addition to whatever other reserved rights it has to terminate the Agreement, the Department may terminate the Agreement when it is in the best interests of the State or (1) for cause, (2) for convenience, or (3) due to unavailability of funds. C. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the defect can be remedied, it may issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as determined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. D. The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, suspended or abandoned. During any postponement, suspension or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval of the Department. E. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement with the Contractor upon an equitable basis in good faith and under the general compensation principles and rates established in the Agreement by the Department. This settlement shall fix the value of the work which was performed by the Contractor to the Department's satisfaction prior to the postponement, suspension, abandonment or termination of the Agreement. F. Any funds paid to the Contractor by the Department which are not expended under the terms of the Agreement shall be repaid to the Department. XXI. Fully _Executed Agreement or Amendment 'Thereto A. If this Agreement, or amendments thereto, allocates funds totaling $50,000 or less, it shall be deemed to be fully executed when approved and signed by the Contractor and the Department. B. If this Agreement, or amendments thereto, allocates funds totaling more than $50,000, it shall be deemed to be fully executed when approved by the Office of the State Comptroller. Al e Attachment I FINAL PROJECT SUMMARY RFPORT F inal payment of the grant is dependent upon the satisfactory completion and acceptance by the Department of State, Office of Coastal, Local Government and Community Sustainability of this FINAL PROJECT SUMMARY REPORT along with the requisite documentation. In addition to the other requirements of the contract, the grant recipient is responsible to relay the importance, the significance and the value of the completed project to the community, the region and the state through the completion of the report. The following outline should be used to complete the FINAL PROJECT SUMMARY REPORT' 1. Project Title: 2, Name of Municipality: 3. Actual Project Costs: a. State funds expended (identify source, eg, EPF, Clean Water/ Clean Air Bond Act, etc.): b. Local funds expended; c. Other funds expended: 4. Project Manager: blame: Title: Mailing address: Tel, number: ( ) Fax number: ( ) E -mail address: 5. Federal Tax Identification Number: G. Project Background (briefly explain in a short paragraph why this project was necessary, what its value is and/or its importance to the community): 7. Project Work (briefly describe the work that was done to complete the project): 8, Project Descriptions (use the following guidelines to describe the project and please be concise in the description): a. For a Planning Project describe the findings or recommended strategies. b. For a Design Project describe what is to be built. c. For a Construction Project describe what was built. 9. Project Measurable Results: To be completed on forms attached. 10. Project Documentation: The Department of State, Office of Coastal, Local .Government and Community Sustainability requires a visual documentation of the Environmental Protection Fund projects. Project products should be visually documented using a 35mm camera or a digital camera. The 35mm color slides and /or di itai camera disc should be labeled and dated when submitted along with the completed FINAL PROJECT SUMMARY REPORT. Visuals should illustrate the final project product and, as appropriate, activities undertaken to complete the project. For example, some projects would call for visuals that include photographs of volunteers participating in a wetland restoration project (planting Spartina); photographs of historical signs markers, kiosks, etc. being placed; or photographs of an artist's rendering of a waterfront design, Design, planning, and construction projects call for different visual documentation. 'Therefore, the following guidelines are suggested: * For design projects, visuals of renderings and /or graphics that depict the final product. i For planning projects, visuals of any graphics, where appropriate, that illustrate the final product. For construction projects, visuals of work in progress and the finished project. In addition to the 35mm color slides /digital camera disc, a video (vhs format) of the project with a verbal description is desirable but not mandatory The video may be used in a future documentary. Al -Attachment 2 NYS Department of State * Minority and Women - owned Business Enterprises Program 99 Washington Avenue Albany NY 12231 -0001 a (518) 474-5741 Minority and Women -Owned Business Enterprises (MWBE) Program Quarterly Contractor Report INSTRUCTIONS: 1. Please prepare reports based on calendar quarters, or prepare one annual report. 2. Use a separate Report sheet for each contract or program area 3. Record the amount paid for each service /product for the time period identified below. 4. Send completed reports to the Minority and Women -owned Business Enterprises Program at the above address. REPORT. PERIOD Report should cover a calendar quarter OR the program year. FROM: TO: Enter the inclusive dates of the quarter or for the program year. CONTRACTOR NAME PROGRAM DOS CONTRACT NUMBER CONTRACTOR ADDRESS Service Area of Contract Work NAME and TITLE of CONTACT PERSON (Please Print) TELEPHONE NUMBER TYPE of DESCRIPTION of AMOUNT PAID VENDOR NAME and ADDRESS VENDOR SERVICE /PRODUCT THIS PERIOD COMMENTS 0 MBE U WBE ❑ MBE Cl WBE ❑ MBE ❑ WBE ❑ MBE ❑ WBE ❑ MBE 0 WBE ❑ MBE ❑ WBE U MBE ❑ WBE ❑ MBE U WBE ❑ MBE ❑ WBE PAGE I of A I -Attachment. 3 Project Status Form RECIPIENT PROJECT TITLE Status Report Date: Task Brief Task # Description CONTRACT # Product Date of Percent of Submitted AIT Completion Completion Task AccoMplishments to DOS ADJUSTMENTS - Please indicate proposed adjustment(s) to worts program /schedule, reason(s) for the proposed adjustment(s), and any other problems encountered during this reyorting period Person to contact if we have questions about the information provided on this fora: Name: Email Address: Title: Affiliation: Phone: Fax: Al -Attachment 4 Certification to New York State Department of State that all State and Local and Private Procurement Requirements Have Been Met (Check the paragraph that applies) I hereby certify that I am the municipal attorney, chief legal officer or financial administrator for the and that the contract /procurement with appended hereto pursuant in whole or in part to NYS Department of State Contract No. , was awarded in accordance all requirements of law and the following provisions: 1. For Municipal Entities (except NYC or Borough): Applicable public bidding procedures of General Municipal Law § 103 relating to the procurement for service, labor and/or construction involving more than $35,000 or goods and equipment involving more than $10,000. Procedures established by this municipality pursuant to the General Municipal Law § 104-b relating to the procurement for service, labor, and /or construction involving not more than $35,000 or goods and equipment involving not more than $10,000. 2. For Now York City or Borough: Applicable public bidding procedures of General Municipal Law § 103 and regulations of the Procurement Policy Board relating to the procurement for service, labor, and/or construction involving more than $35,000 or goods and equipment involving more than 510,000. Procedures established by the municipality pursuant to the General Municipal Law § 104 -b and regulations of the Procurement Policy Board relating to the procurement for service, labor, and/or construction involving not more than $35,000 or goods and equipment involving not more than $10,000. 3. For Not - for -Profit Organization or other entities not listed above: C Title: Date: All requirements of law, including the NYS Nat - for - Profit Corporation Law, the bylaws of this organization, and pursuant to a publicly advertised process to ensure the prudent and economical use of public funds to obtain maximum quality at a reasonable cost. Attached - Executed Contract between Contractor and Subcontractor Revised: January 2l, 2010 l 9 � APPENDIX B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel C. Supplies/iMaterials D. Equipment E. Contractual Services F. Other TOTAL. PROJECT COST Total State Funds Total Local Share $1 80,000.00 $250.00 $0.00 $0.00 $1,558,345.00 $125.00 $1,748,720.00 $874,360.00 $874,360.00 lUN Appendix (Budget Detail Sheet) A. SALARIES & WAGES TITLE ANNUAL AMOUNT SALARY CHARGED TO THIS PROJECT Senior Planner $45,855 - $51,604 $25,300.00 Director of Environmental Affairs $52,142 - $6.1,596 $29,400.00 Environmental Engineer $54,817 - $67,053 $10,200.00 .Con1M Enit Planner $37 I67 - $42 083 $27 400.00 General Planner $26 - $31 $25.200.00 Planner IIl $50,755 $36,500. 0 BURA Engineer $45,336 - $55,455 $26,000.00 SUBTOTAL $180,000.00 B. TRAVEL Travel to NYS Community Seminar Series training sessions....... , ............. $250.00 SUB'T'OTAL $250.00 C. SUPPLIES /MATERIALS SUBTOTAL $0.00 D. EQUIPMENT SUBTOTAL $0.00 Appendix B (Budget Detail Sheet Continued) E. CONTRACTUAL SERVICES Contractual services for construction of Buffalo River Historic District Park......... $1,405,625 .00 Contractual services to conduct Buffalo Waterways Center Feasibility Study.......... $162,720.00 SUBTOTAL $1,568,345.00 F. OTHER Registration for NYS Community Seminar Series training sessions (Registration fee $125 per person per session) ....... ............................... $125.00 SUBTOTAL $125.00 APPENDIX C PAYMENT AND REPORTING SCHEDULE 1. ,Payment Schedule A. The Department shall make interim.payments for eligible costs incurred up to an amount not to exceed 90% of the State Share Funding Amount. The final payment will be made upon satisfactory completion of the Project. B. Not more frequently than once every 30 days, a properly executed payment request, on forms as prescribed by the Department documenting total project costs incurred to date, may be submitted. 1. Payment provided above shall be made to the Contractor upon the submission by the Contractor of properly executed payment request. Such request shall contain the following: (1) `Summary Sheet Documentation Forms" as provided by the Department, for reimbursement of actual and eligible expenditures, (2) the required work products, and (3) a properly executed State Voucher. 2. Payment requests will be reviewed in accordance with the terms and conditions of this Agreement to determine total allowable project costs incurred and the number and percentage of allowable project tasks completed to date. For the purpose of determining the level of reimbursement, otherwise allowable project costs may be reduced if the percentage of task completion is deemed insufficient. 1 Total allowable project costs, adjusted pursuant to 2. above, will be prorated between State Share and Local Share costs in the same proportions as Total State Share is to Total Local Share as set forth on the Face Page. 4. Interim payments will be issued in amounts equal to the State Funds calculated in 3. above. The final payment will be issued upon receipt and approval of a payment request marked "FINAL" documenting all project costs incurred and tasks completer) and submission of the Final Project Summary Report. Such final payment request shall be submitted within 60 days following the ending date of this Agreement. IL Reporting A. Payment requests as described in I.B. above shall be certified by a duly authorized representative of the Contractor as accurately representing such accomplishments and expenses as recorded in the Contractor's accounting records, including, where goods or services are provided by third parties not party to this Agreement, a certification that any payment obligations arising from the provision of such goods or services have been paid by the Contractor and do not duplicate reimbursement or costs and services received from other sources. B. Notwithstanding the above requirements, upon written notification by the Department, the Contractor may be required to submit source documentation and additional verification of allowable expenditures, C. Payment requests shall be submitted to: New York State Department of State Office of Coastal, Local Government & Community Sustainability One Commerce Plaza -Suite 1010 Albany, New York, 1223 1 -0001 D. Claimed expenditures must be in accordance with the project budget in Appendix B. Any changes to the cost categories contained in the Budget, Appendix B, in excess of 10% will require prior approval of the Department. If the total Contract amount is in excess of $50,000, approval will also be required by the Office of the State Comptroller. No expenditures shall be allowed for items not set forth in the project budget. C� -) III. Other A. Notwithstanding the submission of timely and properly executed payment requests, the Department shall be under no obligation to make payment for expenditures incurred. without the prior Department approvals and/or amendments required under this Agreement and, further, shall have the right to withhold any such payment pending the execution of such approval and /or amendment. B. Interest income earned on funds received pursuant to this Agreement shall be used to further the purpose of this Project or shall be deducted from total eligible cost to determine the net eligible costs to be reimbursed by the Department. C. The Department shall have the right to conduct on -site progress assessments and reviews of the Project and Contractor's books and records during the life of this Agreement and for a reasonable time following issuance of the final payment. The Contractor shall furnish proper facilities, where necessary or useful, for such access and inspection. D. The Department shall be entitled to disallow any cost or expense, or terminate or suspend this Agreement, if found that the Contractor has misrepresented any expenditures or project activities in this Agreement, or in any progress reports or payment requests made pursuant hereto. E. The Contractor shall maintain separate fiscal books and records for all funds received through the Department and project activities conducted pursuant to this Agreement, and shall make all such books and records available to the Department, the Office of the State Comptroller, or their designated representatives for inspection and audit for a period of six years following termination of this Agreement. U . APPENDIX D PROGRAM[ 'WORK PLAN Contractor: City of Buffalo Contract Number: #0006909 Program Contact Person: John Fell Phone: (716) 851 -4533 Fax: (716) 851 -5710 Advancing Redevelopment of Buffalo's Waterfront 1. Project Description: The City of Buffalo (Contractor) , in collaboration with the Valley Community Association and Buffalo Niagara Riverkeeper, will advance construction of the Buffalo River Historic District Park, a 2.5 -acre public access linear park on the Buffalo River; prepare a feasibility report for a community boating facility; and, finalize the City of Buffalo Local Waterfront Revitalization Program. Primary components of this project include: Buffalo River Historic District Park/River Fest Park - A contractor will be hired to construct a two - story, approximately 4,000 square foot building for the Buffalo River Historic District Park (also known as Buffalo River Fest Park). The new "lodge budding" will provide an indoor facility for park programming activities, open to the general public. The building will be an important component in making the Buffalo River Historic District Park an attractive destination that will enhance public access to the Buffalo River and help promote economic revitalization. The project elements funded under this agreement include construction of the lodge building, obtaining permits and approvals for the building as needed, and overall project oversight. Compliance with SBQRA has been completed -- funding for this element is not part of this grant award. Construction of the lodge building will be undertaken according to the final designs and construction documents, which are to be completed under a separate agreement, and subject to the approved of the Department prior to starting construction. Other aspects of park construction, to be applied toward local match include: concrete wail repairs; boardwalk pergola; wharf framing and deck; new pilings; composite decking; railings; fencing; armor stone wall material and installation; dock access; asphalt driveway; and, parking lot construction. For those aspects, preparation of a conceptual site plan and final designs and construction documents; and, receipt of permits and approvals have been completed. This project complements an EPF LWRP grant #C006707)for phase I construction. The Buffalo River Historic District Park is a large scale effort being funded by numerous grants and agencies that, when completed, will provide a public recreation opportunity for the First Ward and Valley neighborhoods, as well as improved access to the Buffalo River. A Declaration of Restrictions has been prepared in conjunction with the project to ensure the property continues to remain accessible to the public, for recreational purposes. C ,k . D -2 Buffalo Waterways Center Feasibility Study - A consultant will be hired to conduct a feasibility study to determine the potential for building one or more multi -user community boating facilities in the City. of Buffalo. The study will determine optimal project location(s) on the Buffalo or Niagara Rivers or Lake Eric. A community boating facility would substantially improve community access to local waterways, and afford additional recreational boating opportunities. A report will be prepared that summarizes all aspects of the study. City of Buffalo focal Waterfront Revitalization Program (LWRP) - The City of Buffalo will finalize its Local Waterfront Revitalization Program while continuing to coordinate implementation of priority projects. 2. Protect Attribution and Number of Copies The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the contributions of the Department to the project. The materials must include the following acknowledgment:. "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title it of the Environmental Protection Fund." The Contractor must submit to the Department all required products, clearly labeled with the NYS Comptroller's Contract # as indicated on the Face Page of this Agreement and where applicable, the related Task # from this Work flan. The Contractor shall submit: Draft products: two paper copies of each product. Final products: two paper copies of each product. In addition, all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe@ Acrobat® Portable Document Format - PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD -R type CD. The CD must be labeled with the contractor name, contract #, and project title. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. The contributions of the Department must also be acknowledged in community press releases and other notices issued for the project, including web site postings and other forms of digital distribution. Project press releases and other notices shall be submitted to the Department for review and approval prior to release to ensure appropriate attribution. 3. Compliance with Procurement Requirements The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with (Appendix AI -XII). D -3 4. Training A required component of the Title 11 Environmental Protection Fund program is Contractor participation in a training session or sessions focused on developing and implementing revitalization strategies (Appendix A l -1). The purpose of these training sessions is to build knowledge and provide support to community leaders to advance revitalization efforts and advance grant priorities. The specific training session(s) to be attended will be determined during the project kick -off meeting. S. Project Components Task 1: Project Kick -off Meeting The Contractor, the Department, the Valley Community Association, Buffalo Niagara Riverkeeper and any other appropriate entities shall hold an initial meeting to review the project scope, project requirements, roles and responsibilities of project partners, the selection process for procuring consultants, State Environmental Quality Review Act (SEQRA) compliance requirements, the number of public meetings and techniques for public involvement proposed for the project, attendance at NYS Community Seminar Series training sessions, and any other information which would assist in project completion. In addition, the composition of a project advisory committee shall be discussed during initial project scoping. The Contractor, or a designated project partner, shall prepare and distribute to all project partners a brief meeting suns mart' clearly indicating the agreements /understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to .Department approval of the proposed approach as outlined in the meeting summary, Products: Project kick -off meeting with appropriate parties. Written meeting summary outlining agreements /understandings reached. Task 2: Community Training The Contractor will participate in the Community Training Program as stated in Section 4 above. Product: Copy of transmittal letter submitting payment for registration fees. Participation in training session(s). Task 3: Project Advisory Committee The Contractor shall establish a project advisory committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders, including representatives of State and municipal agencies with jurisdiction over project activities or the project area, and non - governmental and community based organizations. As appropriate, the "Buffalo River Greenway Steering Committee" established under project #C006707 may serve in this capacity. A draft list of proposed members shall be circulated to the Department for review and approval prior to establishment of the committee. Products: Draft and final list of proposed members of project advisory committee. Project advisory committee established. D-4 Buffalo River Historic District Park Task 4: Declaration of Restrictions The Contractor shall provide the Department with a copy of the signed Declaration of Restrictions filed with Erie County. Product: Copy of recorded Declaration of Restrictions. Task 5: Submission of Documents The Contractor or its consultant. shall provide to the Department, for review and approval, the following materials associated with the lodge building: A. documents necessary for compliance with the State Environmental Quality Review Act (SEQRA); B. final designs and construction documents - certified by a licensed professional engineer, architect, or landscape architect with appropriate seal affixed to documents; construction will be based on the final designs and construction documents. Products: SEQRA documents; and final designs and construction documents, certified by a licensed professional engineer, architect or landscape architect. Task 6: Permits After the final design and construction documents have been approved by the Department, the Contractor or its consultant(s) shall prepare the necessary permit or other approval applications and obtain the required permits or approvals. A pre - application meeting with the Department and the appropriate federal, state and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing, the Contractor or its consultant(s) shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: federal agencies such as the United States Army Corps of Engineers; the Department, pursuant to the consistency provisions of the federal Coastal Zone Management Act; other New York State agencies such as the Department of Environmental Conservation; the Office of General Services pursuant to the Public Lands Law, or similar authorization from the Power Authority (in certain areas of the St. Lawrence Seaway) or Canal Authority (in the State Canal System.), in order to use or occupy certain State -owned lands or waters overlying those lands; and the Office of Parks, Recreation, and Historic Preservation or the State Historic Preservation Officer; and 1. D -5 agencies of a county, city, or special purpose district, including but not limited to: city councils; planning commissions, boards or departments; and/or building or health officials. Prior to construction the Contractor or its consultant(s) shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations, that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to the Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 7: Bid Process and Selection of Construction Subcontractor After the final design and construction documents have been approved by the Department, the Contractor or its consultant(s) shall prepare and distribute a bid invitation to select a construction subcontractor or subcontractors. Prior to distributing the bid invitation, the Contractor or its consultant(s) shall submit the bid invitation to the Department for review and comment. The Contractor or its consultant(s) shall select the construction subcontractor(s) from the bid respondents and shall prepare a draft contract or contract(s) to conduct the work with the selected construction subcontractor(s). The contract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to project milestones), and a project cost. The Contractor must certify to the Department that applicable public bidding procedures of General Municipal Law were followed for the selection of all constriction or other subcontractors. The Contractor shall submit the draft subcontract(s) to the Department for review and approval, and shall incorporate the Department's comments in the final subcontract(s). A copy of the final, executed subcontracts) shall be submitted to the Department. Products: Executed construction subcontract(s). Written certification of procurement procedures. Task 8: Installation of Project Sign The Contractor shall install a sign satisfactory to the Department identifying the Department's funding of the project. The project sign shall remain in place for the useful life of the improvements undertaken. To assist communities in fulfilling this requirement, the Department has developed an attractive low cost informational sign. A Sign Order Form is available upon request from the Department. Products: Department approved sign design, and photo - documentation that sign is installed in project area. t. •, Task 9: Construction After receipt of all necessary permits and approvals, the Contractor or its construction subcontractor(s) may begin construction work according to the final design and construction documents. The Contractor or its subcontractor(s) shall notify the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s) shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during project scoping. After 70% of the work is completed, the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. Construction will include the following: two - story, approximately 4,000 square foot lodge building; and concrete wall repairs; boardwalk pergola; wharf framing and deck; new pilings; composite decking; railings; fencing; armor stone wall material and installation; dock access; asphalt driveway; and, parking lot construction. Products: Written work progress reports. Punch list and construction completion estimates. Task 10: Site Inspections The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections and photo documentation. The Contractor or its consultant(s) shall submit to the Department written summaries of progress and identification of problems to be addressed based on periodic site inspections. Products: Periodic site visits. Written summary of progress with photo - documentation and identification of any problems that need to be addressed. Task 11: Project Completion Following satisfaction of punch list items, the Contractor or its consultant(s) shall submit a statement that work has been completed in accordance with the contract and subcontract(s), the final design and construction specifications, and all permit requirements. The completion statement must be prepared and/or certified by a licensed professional engineer, architect or landscape architect. Unless otherwise specified during project scoping, the Contractor or its consultant(s) shall also submit three sets of as -built plans, certified by a licensed professional engineer, architect or landscape architect. When the Contractor is satisfied work is complete, it shall submit a final project report to the Department, including a copy of the completion.statement and a copy of the certified as -built plans and photo - documentation in the form of digital images of the site prior to, during and upon completion of work. M D -7 The Contractor shall not pay its consultant(s) or subcontractor(s) in full, and shall not submit . a final payment request to the Department, until the Department concurs that the work is complete. Products: Statement of completion, certified as -built plans, and final project report including photo »documentation. buffalo Waterwa s Center Feaslbilit Stud Task 12: Request for Proposals The Contractor shall draft a Request for Proposals (RFP) including a complete project description with site conditions, expected final results, a schedule for completion, and criteria for selecting a preferred proposal. The Contractor shall submit the RFP to the Department for review and approval prior to release for solicitation of proposals. Products: Approved RFP released through advertisement in local papers, the New York State Contract Reporter, and other appropriate means. Task 13: Consultant Selection and Compliance with Procurement Requirements In consultation with the Department, the Contractor and an appropriate review committee shall review all proposals received as a result of the RFP. At a minimum, the following criteria are suggested for use in evaluating consultant responses: Quality and completeness of the response. Understanding of the proposed scope of work. Applicability of proposed alternatives or enhancements to information requested. Cost - effectiveness of the proposal. Qualifications and relevant experience with respect to the tasks to be performed. Reputation among previous clients. Ability to complete all project tasks within the allotted time and budget. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparationlcertification of final designs and construction documents, and for supervision of construction, a licensed professional engineer or licensed professional architect/landscape architect is required. The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. The Contractor's procurement record and consultant selection is subject to approval by the Department. Products: Consultant(s) selected and approved by the Department. Written certification of procurement procedures. t M Task 14: Subcontract Preparation and Execution The Contractor shall prepare a draft subcontract or subcontracts to conduct project work with the consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to receipt of products), and a project cost. The subcontract(s) shall specify the composition of the entire consultant team, including firm name and area of responsibility /expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks. The Contractor shall submit the draft subcontract(s) to the Department for review and approval, and shall incorporate the Department's comments in the final subcontract(s). A copy of the final, executed subcontract shall be submitted to the Department. Products: Draft and final, executed consultant subcontracts. Task 15: Second Project Meeting In consultation with the .Department, the Contractor shall hold a second project meeting with the consultant(s), and other project partners as appropriate, to review project requirements, site conditions, and roles and responsibilities; identify new information needs and next steps, and transfer any information to the consultant(s) which would assist in completion of the project. The consultant(s) shall prepare and distribute a brief meeting summary clearly indicating the agreements /understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meeting held with appropriate parties. Written meeting summary outlining agreements /understandings reached. Task 16: Needs Analyses The Contractor or its consultant(s) shall prepare a survey of potential collaborating parties to determine specific facility opportunities, constraints, minimum needs and potential funding opportunities. In addition to an electronic survey, each organization should be personally interviewed. A report shall be prepared synthesizing the results of the surveys and additional synergistic opportunities revealed through the evaluation process. Results will be presented as the basis for a consultant -facilitated meeting to discuss and determine the validity of the report. Product(s): Surveys, interviews and report. Task 17: Site Reconnaissance The Contractor or its consultant(s) shall conduct a site reconnaissance to identify the best location(s) for building one or more multi -user community boating facilities in the City of Buffalo along the Buffalo River, Niagara River, or Lake Eric. For each potential site identified, the Contractor and its consultant(s) shall conduct site- specific reconnaissance, in preparation for conceptual design. D -9 At a minimum, work shall include identification and mapping of the following: • Description of potential location sites along the Buffalo River, Niagara River, or Labe Erie • Site survey showing extent of project boundary • Ownership/grant/lease status of all lands to be incorporated into the design • Current use of property, condition, capacity • Man -made structures, buildings, or facilities on or adjacent to the site a Infrastructure and utilities (land and waterside), location, extent, conditions, capacity • Transportation/circulation systems (truck, car, bus, . pedestrian, bicycle, recreational and commercial vessels, etc.) • Adjacent land and water uses • Historic and archeological resources • Soils (including investigations into potential soil contaminants) Topography and hydrology (including construction suitability) Existing water quality ( including possible impacts of the future development) • Natural resources, natural features and conditions including upland and waterside features and conditions View corridors • Existing zoning and other relevant local laws • Analysis of site constraints, needs and opportunities The site reconnaissance may also include information on existing conditions and issues obtained from existing plans and other sources of information, including comprehensive plans. Products: Map(s) and written summary describing the above information and any other appropriate information identified during project scoping submitted to the Department for review and approval. Task 18; Analysis of Alternatives Based on the information compiled as part of the site reconnaissance, the Contractor or its consultant(s) shall identify the best location(s) for building. one or more multi -user community boating facilities in the City of Buffalo along the Buffalo River, Niagara River, or Lake Erie and the advantages and disadvantages of each location. Products: Report summarizing analysis of site location submitted to DOS for review and approval. Task 19. Preliminary Concept Designs For each appropriate site, the Contractor or its consultant(s) shall prepare a preliminary concept design to ensure that the size, scale, and related physical, spatial, and environmental aspects of proposed boating facilities will be compatible with the site, adjacent areas, natural resources, and community character. f -- D -10 To show how the elements of each site would function, the plans and drawings of each preliminary concept design set shall include at least the following items: - site ingress and egress; - location of docking area; - building location and orientation; - parking location and access; - landscaping; walkways and trails; - lighting; - directional and/or interpretive signage; - amenities, such as benches, planters, bicycle racks, and trash receptacles; and potential off -site connections. Best management practices should be employed to avoid or reduce water duality impairments from upland runoff or in -water activities and impacts, if any, to Coastal Management Program special management areas, e.g., State designated Significant Coastal Fish and Wildlife Habitat areas, or other sensitive resources. The draft schematic designs shall be submitted to the Department for review and approval. Products: Preliminary concept designs reviewed and approved by the Department. Task 20: Public Meeting The Contractor or its consultant(s), in consultation with the Department, shall conduct a public information meeting to solicit public input on desired uses of multi -user community boating facility as well as input on conceptual designs. A written summary of public input obtained at this meeting shall be prepared and provided to the Department for review and comment. Products: Public information meeting held. Minutes /Summary of meeting prepared and submitted to the Department for review and approval. Task 21: Draft Feasibility Report The Contractor or its consultant(s) shall prepare a report which examines the feasibility of constructing boating facilities at each proposed site. The feasibility report shall be based on the information compiled during the site reconnaissance and shall include a comparative assessment of potential boating facility sites, recommended actions for implementing the proposed improvements, including lead agency, project partners, potential funding sources and estimated timeline. The draft feasibility report will include the following elements: a site reconnaissance of identified sites; a a comparative assessment of potential boating facility sites; a summary of the public input; 6 draft concept designs (as described in Task 18); 6 recommendation of preferred site(s); - D -11 construction cost estimates and timeline for each site; identification of potential funding sources; and description of permits and approvals necessary for implementation. Products: Draft feasibility report submitted to the Department for review and approval. Task 22: Second Public Meeting In consultation with the Department, a second public infonnation meeting shall be conducted prior to preparation of the final concept design and final feasibility report to allow for public review and comment on the draft document. A written summary of public input obtained at this meeting shall be prepared and provided to the Department for review and comment. Public input shall be incorporated into the Final Concept Design and Final Feasibility Report to the satisfaction of the Department prior to finalization and/or publication of the document. Products: Public information meetings held. Minutes /Summary of meetings prepared and submitted to the Department. Task 23: Final Concept Design and Final Feasibility Report The Contractor or its consultant(s) shall prepare the final concept design for the preferred boating facility site(s) and the final feasibility report reflecting the input received at the public meeting and Department comments. The final concept design and final feasibility report shall be submitted to the Department for review and approval. The final products shall reflect the Department revisions requested to the satisfaction of the Department prior to finalization, publication and distribution. Products: Final conceptual plan and final feasibility report submitted to the Department for review and approval; two printed copies of the report and electronic format. City of Buffalo Local Waterfront Revitalization Pro mm LWRP Task 24: Determination of Significance and Compliance with SEQRA The Contractor shall request designation as Lead Agency for purposes of SEQRA, far preparation of the Draft LWRP. The Lead Agency shall prepare, distribute and file a Full Environmental Assessment Form for purposes of evaluating the importance /significance of the impacts associated with preparing and adopting the City of Buffalo LWRP. Upon completing the Full Environmental Assessment Form, the Lead Agency shall make a Determination of Significance in accordance with the SEQRA regulations. If the Determination of Significance results in a Positive Declaration, the Lead Agency shall prepare a Draft Generic Environmental Impact Statement for the Draft LWRP in accordance with State Environmental Quality Review Act (SEQRA) regulations and guidelines. If the findings of the Determination of Significance are such that the LWRP will not have a significant adverse environmental impact, a Negative Declaration may be prepared and filed. i D -12 If a Negative Declaration is prepared and filed, then a Draft Generic Environmental Impact Statement will not be necessary and no further actions are necessary under the SEQRA regulations. The Contractor shall determine whether a public hearing will be held on the Draft LWRP. Products: Completed Full Environmental Assessment Form and associated SEQRA determination statements (Positive Declaration or Negative Declaration). If the Determination of Significance results in a Positive Declaration, the Lead Agency shall prepare a Draft Generic Environmental Impact Statement for the Draft LWRP in accordance. with State Environmental Quality Review Act (SEQRA) regulations and guidelines. If a Draft Generic Environmental Impact Statement is prepared, a public hearing shall be held. Task 25: Draft LWRP The Contractor, in consultation with the Department, shall finalize the City of Buffalo Draft Local Waterfront Revitalization Program (LWRP). The Contractor shall submit a hard copy and electronic copy of a complete Preliminarx Draft LWRP document, with integrated harbor management plan, including a complete Draft Generic Environmental Impact Statement (if one is to be prepared), to the Department for approval, if revisions to the Preliminary Draft LWRP are needed, based on Department review, the Contractor shall make the required changes and resubmit the document to the Department for review. All comments and requested revisions must be addressed to the satisfaction of the Department prior to advancing the document to 60- Day Review. Following acceptance of the Preliminary Draft LWRP document by the Department, the local municipal legislative body shall formally accept the `final" Draft LWRP as complete and ready for public review, and authorize its submission to the Department for review by potentially affected State, Federal, and local agencies. The Contractor shall also provide two (2) hard copies and one electronic copy (formatted in Microsoft Word) of the Draft LWRP document to the Department. Upon receipt of the Draft LWRP( /Draft Generic Environmental Impact Statement, if applicable), the Department shall initiate the 60 -day review period by State, Federal, and other local agencies concurrent with the SEQRA review (if applicable). Products: (1) Pteliminary Draft LWRP acceptable to the Department; (2) a resolution of the local municipal legislative body accepting the Draft LWRP as ready for the 60 -day period of review; and (3) the required number of copies of the Draft LWRP. D -13 Task 26: Public Information Meeting Following completion of the Draft LWRP and in conjunction with 60 -Day Review, the Contractor shall conduct a public information meeting or meetings on the Draft LWRP. Products: Public meeting held. Minutes of the public information meeting(s) and identification of changes to be made to the Draft LWRP as a result of the public meeting submitted to the Department for approval. Task 27: Final LWRP Following the 60 -Day Review of the Draft LWRP (/Draft Generic Environmental Impact Statement, if applicable), the Department shall meet with the Contractor to determine appropriate responses to all of the comments received; which shall be reflected in the Final LWRP document (and Final Environmental Impact Statement, if applicable) to the satisfaction of the Department. The Contractor shall also submit a schedule of adoption to the Department of the LWRP and any local laws necessary for implementation of the LWRP, including the Consistency Review Law and changes to the Zoning Ordinance and Zoning Map for the City of Buffalo. Products: Final LWRP (and Final Environmental Impact Statement, if applicable) and schedule of adoption. Task 28: LWRP Implementation The Contractor will work with partner agencies and community and advocacy groups to coordinate the City's waterfront efforts and advance priority projects. This may include: Participate in meetings with City officials, partner agencies, community and advocacy groups and the public; Administer approved grants, including maintaining appropriate documentation and overseeing the work of sub - consultants; and Assist with the preparation of grant applications that are deemed appropriate to finance projects to implement the City of Buffalo LWRP. Products: A written report of activities that demonstrates on -going implementation of priority waterfront projects. Task 29: Semi - annual Reporting The Contractor or its consultant(s) shall submit to the Department semi - annual reports (every six months) on the form provided, including a description of the work accomplished, any problems encountered, and any assistance needed. Products: Semi - annual reports during the life of the contract.. D -14 Task 30: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s) shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms. 6, Project Management Responsibiiities The Contractor shall administer the grant, execute a contract with the Department, and ensure the completion of work in accordance with the approved Work Plan. Unless otherwise specified in the Project Description or Lander Project Components, the Contractor and/or its approved consultant(s) or subcontractor(s) shall conduct all work as described in the component tasks. The Contractor: • will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. ® will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and subconsultants. will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. • will receive approval from the Department for any and all consultant subcontracts before beginning project work. • will be responsible for submission of all products and payment requests. will be responsible for coordinating participation and soliciting comments from local government personnel, project volunteers, and the public. will keep the Department informed of all important meetings for the duration of this contract. will receive approval from the Department before purchase of any equipment. • will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed, constructed, and/or produced reflect the Department logo, feature the Secretary of State and the Governor, and acknowledge the contributions of the Department to the project. • will ensure that all products prepared as a part of this agreement shall include the NYS Comptroller's Contract # as indicated on the Face Page of this Agreement. • will ensure the project objectives are being achieved. • will ensure that comments received from the Department and the project advisory committee, or other advisory group, are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. • will participate, if requested by the Department, in a training session or sessions focused on developing and implementing revitalization strategies. The purpose of the training sessions) is to build knowledge and provide support to community leaders to advance revitalization efforts and complete priority projects. D -15 The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s) and any other subcontractor(s). • will participate in initial project scoping and attend meetings that are important to the project. • will review all draft and final products and provide comments as necessary to meet the objectives. • must approve any and all design, site plan, and preconstruction documents before construction may begin. APPENDIX F NOTICES All notices permitted or required hereunder shall be in writing; and shall be transmitted either: (a) via certified or registered United States mail, return receipt requested; (b) by facsimile transmission; (c) by personal delivery; (d) by expedited delivery service; or (e) by e -mail. Such notices shall be addressed as follows or to such different addresses as the parties may from time -to -time designate: State of New York Deaartment of State Name: Laurissa Parent Title: Secretary 1 Address: 99 Washington Avenue, Suite 1010 Albany, NY 12231 Telephone Number: 518 -486 -9540 Facsimile Number: 518-473-2464 E -Mail Address: laurissa.paren @dos.state.ny.us Cit of Buffalo Name: Title: Address: Telephone Number: Facsimile Number: E -Mail Address: Byron W. Brown Mayor 65 Niagara Square 201 City Hall Buffalo, NY 14203 716- 8514841 716 - 851.4360 bbrown @city- buffalo.com 2. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. 3. The . parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and/or for dispute resolution. APPENDIX G ELECTRONIC PAYMENTS Contractor shall provide complete and accurate billing invoices to the Agency in order to receive payment. Billing invoices submitted to the Agency must contain all information. and supporting documentation required by the Contract, the Agency and the State Comptroller. Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by.paper check is expressly authorized by the Commissioner, in the Commissioner's sale discretion, due to extenuating circumstances. Such electronic payment shall be made in.accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller's procedures to authorize electronic payments. Authorization forms are available at the State Comptroller's website at www. osc.state.ny.us /epay /index.htm by email at epunitgosc.state.ny..us or by telephone at 518- 474 -4032. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized.payment by paper check as set forth above. APPENDIX X Agency Cade: 19000 Contract Period: MODIFICATION AGREEMENT FORM Contract No.: C006909 Funding for Period: $874,360 This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Department of State, having its principal office at 99 Washington Avenue, Albany, New York, 12231 (hereinafter referred to as the STATE.), and City of Buffalo (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006909, as amended above and in attached Appendices) Terms and conditions of this amendment are subject to continued availability of funds for this contract. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACTOR SIGNATURE i (print name) Title: Date: �0 Title: Bate: NYS DEPARTMENT OF STATE (print name) State Agency Ccrtifieation "]n addition to the acceptance o€ this contract, I also certify that original copies of this signature page will he attached to all other cxact copies of this contract." ACKNOWLEDGMENT State of New York ) County of On this I day of of , in the year 20 , before me personally appeared to me known, who being by me duly sworn'. did depose and say that he /she is the ,the organization described in and which executed the above instrument; and that he/she has the authority to sign on behalf of said organization; and that he /site executed the foregoing agreement for and on behalf of said organization. Approved: Thomas P. DiNapoli State Comptroller By: Date: NOTARY PUBLIC q City of Buffalo - Agreement #CO06909 Advancing Redevelopment of Buffalo's Waterfront Please update /specify information for up to (3)People to receive contract related correspondence from DOS and indicate which person should be the primary correspondence recipient. The primary recipient must bean employee of the City of Buffalo and will receive original DOS correspondence, with attachments. The other individuals listed will receive copies ofDOS transmittal letters, without attachments. NOTE: The Mayor /Supervisor must be listed on this form, but does not need to be the primary correspondence recipient. No updates necessary 0 Please make the following updates: Honorable Byron W. Brown ❑ Primary recipient of correspondence from DDS Phone Number: Mayor ❑ Copy this person on correspondence from DDS City of Buffalo 715- 851 -4841 65 Niagara Square 201 City Fall Buffalo, NY 14203 Email Address: Fax Number: bbrown @city- buffalo.com 716 -851 -4360 ❑ Primary recipient of correspondence from DDS Phone Number: CI Copy this person on correspondence from DDS Email Address: Fax Number: ❑ Primary recipient of correspondence from DOS Phone Number: ❑ Copy this person on correspondence from DOS Email Address: Fax Number: Please list up to (3) individuals who are authorized to execute amendments andlor sign payment requests far this project: Authorized for: Name: "Title: Amendments? El Payments? El Name; Name: Title: Title: Amendments? Payments? D Amendments? F—I payments? Signature of the Mayor /Supervisor: Date: Mr. Fontana moved: That the communication from the Office of Strategic Planning, dated - September 14, 2011, be received and filed; and That the Common Council hereby: 1. Ratifies and confirms the prior application materials submitted to obtain the above - referenced grant funding commitments; 2. Authorizes the Mayor to execute the necessary grant funding agreements (in substantially the form attached to the above item) and related documentation as shall be required or useful in facilitating the City of Buff'alo's receipt and utilization of the grant funding; While expressly recognizing the Common Council's right and past practice of requiring all agreements flowing from its approval of the above agreement with the Department of State and Environmental Protection Fund, the Council, in this limited instance, fin Cher authorizes other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements, including but not limited to, an agreement or agreements between the City of Buffalo and the Valley Community Association and Buffalo Niagara Riverkeeper, under which the City would provide grant money as appropriate. Passed -2- TAB:nnv TAwp60lmswordlrmv12c9- 19a.doc *A. *NO FONTANA FItANCZYX - GOLOMMEK HEARNS .LCD 'TO PREDGEN RIYERA RUSSELL S YKM maj 213® b x �� 3/4- 7. 0000 9 (Rev, 1193) COMMUNICATION TO THE COMMON COUNCIL 1 TO: THE COMMON COUNCIL: DATE: September 14, 2011 ; I FROM: DEPARTMENT: Strategic Planning DIVISION: Neighborhood Development SUBJECT: APPROVAL. OF CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF STATE (NYSDOS) ENVIRONMENTAL PROTECTION FUND (EPF) LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) TO ACCEPT AND ADMINISTER $323,550 IN FUNDING FOR THE RIVERWALK REVITALIZATION PHASE 1 PROJECT (NYSDOS GRANT C006805). •. The City of Buffalo, in partnership with the Buffalo Niagara Riverkeeper, will administer a multi component project directed at revitalizing the Niagara River Riverwalk. The project components include:. • Riverwalk Revitalization Coordinator -Grant funding will support a Coordinator position over the term of 24 months to coordinate and manage project components and liaise with the City and the Niagara River Greenway Commission. • Riverwalk Revitalization Action Plan - Preparation of a detailed 5 -year action /strategy master plan for the revitalization. of the Riverwalk system. « Riverwalk Heritage Tours and Access Assistance Program - provide visitors to the Riverwalk area with site interpretation, tour, and access assistance. Water Access Sites Development- Coordinator will work in conjunction with Riverkeeper Landscape Architect to develop site plans, schematic designs, etc, for public access improvement projects. ® Riverwalk Heritage Interpretation Plan- Coordinator, in conjunction with other stakeholders, establishes a strategy for implementation of heritage protection and enhancement projects. Webs ite-Rive rkeepe r will develop an initial website page dedicated to this project. I am recommending that Your Honorable Body authorize the City to contract with the New York State Department of State (NYSDOS) to accept the $323,550 grant to benefit the Riverwalk Revitalization: Phase 1 Project The Office of Strategic Planning is requesting that your Honorable Body hereby: 1. Ratify and confirm the prior application materials submitted to obtain the above referenced grant funding commitments; 2. Authorize the Mayor to execute the necessary grant funding agreements (in substantially the form attached hereto) and related documentation as shall be required or useful in facilitating .the City of Buffalo's receipt and utilization of the grant funding; 3. Authorize other city personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements (including but not limited to an agreement or agreements between the City of Buffalo and the Buffalo Niagara Riverkeeper, under which the City would provide grant money as appropriate). DEPARTMENT HEAD NAME: Brendan Mehaffy, Esq. TITLE: (executive Director, Office of Strategic Planning � SIGNATURE OF DIVISION OR DEPARTMENT HEAD - t g g Tr. Ip y OFFIC y. COASTAL, y NYS DE ART tgYgAyEN7 d p ST ry AT ��g E gp���p� .�v �+ cry+ OFd` ICE OJd' COAS A AL, LOCAL GOVERNf3' WNT .t AND COMMUNITY Y SUS 14 A CHECKLIST FOR NEW ENVIRONMENTAL PROTECTION FUND A CLEAN WATERiCLEAN AIR BOND ACT AGREEMENTS 0 Review the Face Page of the Agreement to confirm that all information entered is correct (Contractor Name & Address, Federal Tax ID number, State $bare Amount, Local Share Amount). Q Verify that the contract period listed on the Face Page reflects the time period during which the project activities are to be undertaken and project costs incurred. Be advised that activities and related costs occurring outside of this time period will not be eligible for reimbursement and will not be eligible to be used as local share. Q Review the budget in Appendix H to confirm that the costs an for this project are accurately reflected. U Review the project description and work program tasks in Appendix I) to confirm tbat project is accurately reflected. G In Appendix. F, verify that the contact information of the person signing the Agreement is correct. Q Review all other sections and appendices of the Agreement and let us know if you have any questions or concerns before signing and submitting the Agreement. Q If you need to.rnake any minor corrections to the information on the. Face Page and/or Appendix F, please indicate so in your transmittal letter to DOS (please do not handwrite changes into the Agreement), - t i you would like to request revisions to the budget, work program or any other part of the Agreement, notify us by letter or email ( lease do not handwrite cban es irtta the A reement . We will review the suggested changes and if approved, we will forward revised pages or a revised Agreement. Q Once the entire Agreement has been reviewed and found to be acceptable, the person authorized to execute this Agreement should sign all three signature' pages and have there notarized. These pages must be notarized on the some day that they are signed and each page muat contain original signatures and notaries in blue ink Note that signature pages wbich contain white out cannot be accepted. U Please do not sign and notarize Appendix X (Modification Agreement) - this page should be left blank. 0 Complete the Contract Administration Update Form, making sure that the correct people are listed and verify and /or provide all contact information (name, title, address, phone, fax, email). Assemble the contract package as follows: • Your transmittal letter to DOS. The Contract Administration Update Form, • All three original signatures pages. • The entire Agreement. 0 Make a copy of the contract package for your records /project file before submitting the originals. Submit the original contract package to the following address for processing: Laurissa Parent, Secretary 1 NYS Department of State Office of Coastal, Local Government and Community Sustainability One Commerce Plaza 99 Washington Avenue - Suite 1010 Albany, NY 12231 - 01101 Once received, we will forward the Agreement to our Contracts Administration Unit who will have it executed by the Department of State, Office of the Attorney General and if necessary the Office of the State Comptroller (OSC). This process usually takes two to three months. When fully executed, a copy of the Agreement will be returned to you. STATE AGENCY (Nance and Address): NYS Department of State One Commerce Plaza 99. Washington Avenue - Suite 1010_ Albany, NY 12231 -0001 CONTRACTOR (Name and Address): City of Buffalo 65 Niagara Square. Buffalo, NY 14203 FEDERAL TAX IDENTIFICATION NUMBER: 16- 5002533 MUNICIPALITY # NYS COMPTROLLER'S #: C006805 ORIG. AGENCY CODE: 19000 TYPE OF PROGRAM[: Environmental Protection Fund Act - 2007 LWRP STATE SHARE FUNDING AMOUNT FOR INITIAL PERIOD $323,550 LOCAL SHARE FUNDING AMOUNT FOR INITIAL PERIOD $323,550 INITIAL CONTRACT PERIOD: FROM: October 1, 2008 TO: September 30, 2011 APPENDICES ATTACHED TO AND PART DP THIS Af :RTC PMR.NT APPENDIX A: Standard clauses as required by the Attorney General for all state contracts APPENDIX AI: Agency - specific clauses Including Attachment 1 - Final Project Summary Report Attachment 2 - Minority and Women -owned Business Enterprises (MWBE) Program Quarterly Contractor Report Attachment 3 - Project Status Fora' Attachment 4 - Procurement Certification APPENDIX B: Budget APPENDIX C: Payment and Reporting Schedule APPENDIX D: Program Work flan APPENDIX F: Notices APPENDIX G: Electronic Payments APPENDIX X: Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) M WITNESS THEREOF, the parties hereto have executed or approved. this AGREEMENT on the dates below their signatures. Contract No. C006805 CONTRACTOR STATE AGENCY: City of Buffalo New 'York State Department of State By: By: - {Print dame) (Print Name) -- Title: Title: Date: Bate: State Aizencv Certification "Its addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract.". ACKNOWLEDGMENT State of New York ) County of ss: - On this day of , in the year 20 , before me personally appeared to me known, who being by me duly sworn, did depose and say that he /she is the of , the organization described in and which executed the above instrument; and that he/she has the authority to sign on behalf of said organization; and that he /she executed the foregoing agreement for and on behalf of said organization, NOTARY PUBLIC ATTORNEY GENERAL: Approved: Thomas R DiNapoli State Comptroller Title: By: Date: Date: 1 IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. Contract No. 0006805 CONTRACTOR STATE AGENCY: City of Buffalo New York State Department of State By: B - (Grist Nam) (Print Ncmt) - Title: Title: . Date: Bate: — State Ajeeney Certification "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." ACKNOWLEDGMENT State of New York ) County of ss: On this day of , in the year 20 , before the personally appeared to me known, who being by me duly sworn, did: depose and say that he /she is the _ -_ of , the organization described in and which executed the above instrument; and that he /she has the authority to sign on behalf of said organization; and that he /she executed the foregoing agreement for and on behalf of said organization. NOTARY PUBLIC ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller Title: By: Date: Date: IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. ATTORNEY GENERAL: Title: Date: Approved: Thomas P. DiNapoli State Comptroller By: - Date: Contract No. C 006845 CONTRACTOR STATE AGENCY: City of Buffalo New York State Department of State By: B (flint Nerve) - (Nint Name) Tale: Title: Date: Date: State Aency Certification "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." - ACKNOWLEDGMENT - State of New York ) County of ss: - On this _ day of , in the year 20 , before me personally appeared to me known, who. being by me duly sworn, did depose and say that he /she is the of , the organization described in and which executed the above instrument; and that he /she has the authority to sign on behalf of said organization; and that he /she executed the foregoing agreement for and on behalf of said organization. NOTARY PUBLIC ATTORNEY GENERAL: Title: Date: Approved: Thomas P. DiNapoli State Comptroller By: - Date: � STATE OF NEW YORK . AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the Face Page hereof. WTTNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services;. and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW, THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: I. Conditions of A eement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. E. Funding for the first PERIOD shall not exceed the funding amount specified on the Face Page hereof Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the. appropriate appendix for that PERIOD. C. This AGREEMENT incorporates the Face Page attached and all of the marked appendices identified on the Face Page hereof. D. For each succeeding. PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used). Any. terms of this AGREEMENT not modified shall retrain in effect for each PERIOD of the AGREEMENT. To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix Al. E, The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Work flan (Appendix D) in accordance with: provisions of this AGREEMENT; relevant laws, rules and regulations, adtrgnistrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F_ If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A. (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of this AGREEMENT. ll. Pa e[it and Re ortin A. The CONTRACTOR, to be eligible for payment, shalt submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Repoi Ling Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule {Appendix Q. The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD,.a.suin not to exceed the amount noted an the Face Page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this. AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. III. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. B. The STATE may terminate this AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set.forth in Appendix AI, D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any Prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of this AGREEMENT. In no event.shall the STATE be liable for expenses and obligations arising from the prograrn(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim:, demand or application to or for any right based upon any different status. 3 V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed fo be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix Al. Vl. Safeguards for Services and Confidentialit A. Services performed pursuant.to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular. religious.beliefs. B. Funds. provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the. election or defeat of Any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall :be maintained and used only for the purposes intended under this Agreement and in conformity with applicable provisions of laws and regulations, or specified in Appendix Al. S APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS (June 2006) The patties to the attached contract, license, lease, amendment or other agreement of any kind (Hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part ofthe contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party) I. EXECI.I'I'ORY CLAUSE, In accordance with Section 41 ofthe State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON - ASSIGNMENT CLAUS7E. In accordance with Section 138 of the State Finance Law, this contract maynot be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. Ile Contractor may, however, assign its.rigi t to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. .3. COMPTROLLER'S APPROVAL in accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New 'York, Section 355 or Section 6218 of the Education Law), if this contract exceeds 550,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U. N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other titan money when the value or reasonably estimated value of such consideration exceeds $ 10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law. Section 163.6.a). 4. WORKRRS' COMPENSATION BEN- FITS In ;accordance with Section 142oft hcS tateFinanceLaw ,thiscontractshallbevoidandofno force and effect unless the Contractor sball provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workere.Compensation Law. 5. NON - DISCRIMINATION RE2UIREMENTS To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220 -c ofthe Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it its subcontractors shall, by reason ofrace, creed, color, disability, sex, or national origin; (a) discriminate in hiring against any New York State citizen who is qualified and available to perform thework; or(b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a.building service contract as defined in Section 230 of the Labor Law, then, in accordance with Seetiou 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability. (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance ofwork under this contract. Contractor is subject to fines of $50:00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of ibis contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number ofhours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Deparnnent. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the.premiumrates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON - COLLUSIVE BIDDING CERTIFICA'T'ION In accordance with Section 139 -d ofthe State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that. its bid was arrived independently and without collusion aimed at restricting, competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a nun- collusive bidding certification On Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROTIIBITION In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, ifthis . contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder, if such Contractor, or any ofthe aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void, The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination.or disposition of appeal (2NYCRR 105.4). 9. SET -OFF RIGHTS The State shall have all of its common law, equitable and statutory rights of sot- off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason. including, with limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases ofset- offpursuantto an audit, the finalization June 2006 � of such audit by the State agency, its representatives, or the State Comptroller. 10. 1R CORDS The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance. under this contract (hereinafter, collectively, "theRccords "). no Records must be kept forthe balance of the calendar year in which they were made and for six (6) additional years thereafter. "I'be State Comptroller, the Attorney General and any other Person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the, Records during normal business hours at an office oftbe Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 97 ofthePublic Officers taw (the "Statute ") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the States right to discovery in any pending or future litigation. it. tAEPl10Yi1VG INIrQRIttATION A -.— PRIVACY NOTIFICATION (a) F13DERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the scller's or lessor's identification number. The number is either the payee's Federal employer identification numberorFederal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payrnent, Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voueher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by Iaw. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, I to State Street, Albany, New York M36, .12.E UAL EM pL4YM1; N�' gPPUitTl1N1TII�S )�gltMUttO}�TI1rS AND WOMEN In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend ordoesexpend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of S100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major A -2 repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $1 00,000.00 whereby the owner of State assisted bousingproject is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marilal status, and will undertake or continue existing programs of affirmative action to ensurethat minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a ", "b ", and "c" above, in every subcontractoverS25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work ") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside Now York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict, Contractorwili comply with all dulypromolgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining bereto. 13. CONFLICTING TERMS. In the event of a conflict between the term of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. Tbis contract shall be governed by the laws of the State ofNew York except wherethe Federal supremacy clauserequires otherwise. 15. LATE I'A'YMENT Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article I I -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction oftho State of New York. June 2006 1 17. SERVICE W PROCESS. In addition to the methods of service alloyed by the State Civil Practice Law & Rules (" CPLW ), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable.. Contractor must promptly notify the State, in writing, of each and every change ofaddress to which service of process can be.made. Service by the State to"the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HA"W€}ODS The Contractor certiftcs and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law § 165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any govemnierrW agency orpolitical subdivision orpublic benefiteorporation. Qualification for an exemption under this law will be the responsibility of the contractor to establisb to meet with the approval of the State. In addition, when anyportion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicateand certify in the submittedbidproposel that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may notbe considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19, MAC13RWEFAIREMPI,OYMENT P CIPLES In accordance with the MacBride Fair Employment Principles (Chapter 807 oftbe Laws of 1992), the Contractorbereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take .lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for theparticipation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its Procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Econamic Development Division for Small Business 30 South Pearl St -- 7 1s Floor Albany, New York 12245 Telephone: 518- 292 -5220 Fax: 518- -292 -5884 http: / /www,empire.state.ny.us A -3 A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South'Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518 -292 -5250 Fax: 518- 292 -5803 http:/Avww.cmpiro.statc,ny.us The Qmuibus Procurement Act of 1992 requires that by signing this bid proposal or contact, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage. the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterpriscs, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92 -261), as amended, (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d)'Ibc Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 22. -RECIPROCITY AND SANCTIONS PROVISIONS Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state orpolitical subdivision thatpenalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procwemcnt Act 1994 and 2000 amendments (Chapter 684 and Chapter 383; respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OFAPPAREL In accordance with State Finance Law 16 t (4 =a), the State shall notpurebase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if tint a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcoutractor and a list of all manufacturing plants to be utilized by the bidder. June 2006 APPENDIX Al AGENCY - SPECIFIC CLAUSES 1. This Agreement has been entered into pursuant to the following understandings: A. "Title I I of the Environmental Protection Fund Act provides for State assistance to municipalities for the State share of the cost of approved local waterfront revitalization projects as derined in the Act, B. The Department of State (Department) is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. C, Based upon information, representations and certifications contained in Contractor's application for funding, including the Program Work flan as set forth. in Appendix D, the Department has made a determination of eligibility of funding for Contractor's project under such Act. D. State funds (Funding Amount set forth on the Face Page) for this Project (Appendix D Program Work flan) are provided pursuant to a reappropriation of funds originally trade by Title I I of the Environmental Protection Fund Act. E. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. F. The 2009 "Request for Applications" required the Applicant to budget for costs associated with training for projects. G. Where Contractor is required'to attend training session(s) in Appendix D, Program Work Plan, the Contractor agrees to participate in the designated training session (s). The Department will notify the Contractor when training session(s) will be held. The Contractor agrees to submit payment for the required registration feu(s) in accordance with the notification letter from the Department. H. Failure of the Contractor to transmit the registration fees or attend the training session(s) will result in the withholding of payments in the amount of the registration fee(s) and could result in this contract being terminated. In no case should the :funds allocated for training be used for any other purpose without prior approval of the Department. Il. General A. For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context requires otherwise. B. The contract period as set fortis on the Face Page is the inclusive period within which the provisions of this Agreement shall be performed. C. No liabilities incurred prior to the contract period will be eligible under this Agreement, D. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless:. 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. E. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the Initial Contract Period of this Agreement may be extended by up to two contract periods not to exceed twelve months each. The parties shall revise or 1 , 1 Al-- 2 complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. 'F. To modify any terms of this Agreement within an existing period, the parties shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. G. The Department shall not be liable for expenses of any kind incurred in excess of the State Funds as set forth on the Face Page, and shall not be responsible for seeking additional appropriations or other sources of funds for the Project. H. The Contractor shall perform all services to the satisfaction . of the Department. The Contractor shall provide all services and meet the program objectives described in Appendix D in accordance with: provisions of this Agreement; relevant State, federal and local laws, rules and regulations, administrative and fiscal guidelines; where applicable, operating certificates for facilities or.licenses for an activity or program, and conditions of applicable permits, administrative orders and judicial orders. 1. The Contractor shall submit with its request for final payment a Final project Summary Report in the format described in Appendix Al, Attachment. J. The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with the timetable set forth in the Work Plan (Appendix D) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. K. The Contractor shalt submit a Quarterly Contractor Report (Appendix A1, Attachment 2) pursuant to the Department's Minority and Women -owned Business Enterprises Program. In the event Contractor utilizes Minority and Women -owned Business Enterprises as discussed in Section: XVI in Appendix A1, such report shall be provided to the Department at the address on the Quarterly'Contractor Report. L. The Contractor shall subndt a "Project Status Report" (Appendix A 1, Attachment 3) on a six month basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following the end of each reporting period. III. Additional Requirements for Construction Pro'ects A. Project design, including preparation of final plans and specifications, and supervision of construction shall be undertaken by a qualified architect and/or engineer licensed to practice in the State of New York. The Contractor shall submit final plans and specifications to the Department for its acceptance before initiating construction work or, if the Contractor intends to subcontract for construction work:, before the work is advertised for bidding. No change to project plans may be made without the prior written approval of the Department. The Contractor shad also be responsible for erecting a project sign satisfactory to the Department identifying the Project. The project sign shall remain in place for the useful life of the improvements undertaken pursuant to this Agreement. Upon completion of the Project, the Contractor shall submit to the Department a proper certification from a licensed architect or engineer. B. The State shall snake periodic inspections of the project both during its implementation and after its. completion to assure compliance with this Agreement. The Contractor shall allow the State unrestricted Access to work during the preparation and progress of the work, and provide for such access and inspection by the State in all construction contracts relating to the project. C. The Contractor shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 101- 19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. Al- 3 D. It is the Contractor's responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for State audit and review either proof that they have Workers' Compensation coverage for any employees, or a waiver statement from the New York State Department of Labor. The Contractor must also obtain from any contractor or sub- contractor hired to provide a service pursuant to this Agreement, similar proof or waiver from the contractor or subcontractor, and must maintain such documentation on file for audit. IV. Re orts Documents and Ma s The Contractor shall, where appropriate, identify documents, reports,. and maps produced in whole or in part under this Agreement by endorsing on said documents, reports, and maps the following: „ This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title I l of the Environmental Protection Fund Act." V. License to use and reproduce documents and other works: By acceptance of this Agreement, Contractor transfers to the Department a nonexclusive license to use, reproduce in any medium, and distribute any work prepared for or in connection - with the Project, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement. Such warranty shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. Vl. Contractors Insurance Requirements A. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. B. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. C. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non- contributing to any insurance or self insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty (30) days prior to the cancellation, non - renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State,_One Commerce Plaza; 99. Washington Avenue, Albany, New York 12231 -0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. D, The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. E. Each insurance carrier must be rated at least "A" Class "V1I" in the most recently published Best's Insurance Report. If, during the terra of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. E. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any, of the required coverages during the period of time such coverages are required to be in effect. Al -4 G. Not less than thirty (3©) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements, H. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in lull force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where Contractor is self insured, the Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder, 1. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products - completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. a. If such insurance contains an aggregate limit, it shall apply separately to this location b. .Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of contractors work. 2. Where the Project described in Appendix D includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. 3. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. 4. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. 5. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the Department held in their care, custody and/or control. 6. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. 1. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than $1 million. VII. Proper A. Pursuant to the provisions set forth in Section V, Page 3 of this Agreement, the ownership of all property described therein shall reside with the Contractor unless otherwise specified in writing by the Department at any time during the term of this Agreement and up to thirty (30) days following the issuance of the final payment. B. Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including casements and /or rights -of -way sufficient to assure undisturbed use AI- 5 and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be. available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person can the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. VIII. Date/Time Warranty A. Contractor warrants that product(s) ffumished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date /time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific products must perform as a package or system, this warranty shall apply to the products as a system. B. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code' or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administiation services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date /time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there front, including but not limited to the failure or untimely performance of such services. C. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety (90) days or b) the Contractor's or Product manufacturer /developer's stated. date /time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any Nights or remedies otherwise available under this Contract for breach of warranty. 1X. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. A. Except for the imposition of a differential fee schedule for non- residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged. to nonresidents shall not exceed twice those charged to residents. B. Where there is no charge for residents but a fee is charged to non - residents, non - resident fees cannot exceed fees charged for residents at comparable State or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non - residents and the period of availability must be the same for both residents and non- residents. D. This provision does not apply to non - residents' fishing and hunting license fees. X. Alienation Where the project is undertaken on or involves parklands or public waterfront land, the following additional provisions apply: A. The Contractor shall not at anytime sell or convey any facility or any portion of the project acquired or developed pursuant to this Agreement or convert such facility or any portion of the project to other than public park or public waterfront purposes. without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent y Al- 6 usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State. B. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. Xl. Subc tracting Requirements A. The Contractor may subcontract for all or any portion of the activities covered by this Agreement as provided for in Appendix D, subject to prior written approval by the Department of any subcontractor and the terms of any subcontract. Subcontractors shall comply with all applicable requirements of the Agreement between the Contractor and the State. X11. Com liancs with Procurement Re uirements A. All contracts by municipalities for service, labor, and construction involving not more than $35,000 and goods and equipment involving not more than $10,000 are subject to the requirements of General Municipal Law § 104 -6, which requires such contracts to comply with the procurement policies and procedures of the municipality involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject to any additional requirements imposed by the State as set forth in Appendix D hereof. B. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the Department of State that applicable public bidding procedures of General Municipal Law § I03 were followed for all service, labor, and construction contracts involving more than $35,000 and all goods and equipment contracts involving more than $10,000. In the case of contracts by municipalities for service, labor, and construction involving not more than $35,000 and goods and equipment contracts involving not more than $10,000, the municipal attorney, chief legal officer or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law § 104 -b were fully complied with. C. All contracts by non - municipal entities such as a community -based organization, shall have its chief legal officer or financial administrator certify to the State that alternative proposals and quotations for professional services were secured by use of written requests for proposals through a publicly advertised process to ensure the prudent and economical use of public funds for professional services of maximum quality at reasonable cost. X111. Re uirements for Contract GIS Products (2/04) A. GENERAL MAP PRODUCT REQUIREMENTS -- The following general cartographic requirements must be adhered to by the Contractor: 1. Map Products -- The Department requires delivery of digital map products, unless otherwise specified in the Request £ ©r Proposal (Rl'P), that meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section, if analog map products are required by the RFP, they must meet Specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL. DIGITAL -READY MAP PRODUCT REQUIREMENTS section. 2. Deliverable Format -- All digital map and attribute table files must be provided in Mapinfo Tab file format on Recordable CD or DVD, 3.5" floppy diskette media, external hard drive, via e-mail attachment (preferably in a WinZIP file) or downloadable from an ftp site on the Internet. Alternatively, the digital products may be provided in Arcinfo %GIS export format (.e00) or ArcView shape file format on the same media types upon approval of the Department. All other digital formats require prior Al -7 approval of the Department. Coordination with the Department prior to submission of digital media is required to ensure compatibility of the delivered materials. 3. Documentation -- A data dictionary must be included along with the map files describing file contents and file names, as well as metadata for each file including map projection, horizontal and vertical datums used, coordinate system, RMS accuracy and Iog sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal funds must be provided in a manner which meets Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April 11, 1944, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data Infrastructure" 4. Map Accuracy -- Unless otherwise stated in the RFP, all deliverable map products must conform to National Map Accuracy Standards for horizontal and. vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well- defined map points tested must be more than 1150 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates to a required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map Accuracy Standards, then a statement of actual map accuracy should be included in the Documentation above.. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS, NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor, U.S. Government Printing Office, Appendix 6. 5. Datums -- Unless otherwise specified in the RFP, all map products should be referenced to the North American horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). B. ADDITIONAL DIGITAL CARTOGRAPHIC FIDE REQUIREMENTS —The following cartographic construction requirements must be adhered to by the Contractor: 1. Edge- matching -- All map sheets must be both visually and coordinate edge - matched with adjacent map sheets. No edge -match tolerance will be allowed. Attributes for splitable features must also be identical. 2. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. 3. Point Duplication --No duplication of points that occur within a data string is permitted. 4. Connectivity -- Where graphic elements visually meet, they most also digitally meet. All confluences of line and' polygon data must be exact; "overshoots ", "undershoots ", "slivers ", or "offshoots" are NOT permitted. 5. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, books, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. 6. Polygon Closure --For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. 7. Graphic Precision -- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth (.401) of a foot. AI- S 8. Digitizer Accuracy -_ The required RMS error for digitizer accuracy roust be 0.003 or better for digital map registration. C. ADDITIONAL. DIGITAL -READY MAP PRODUCT REQUIREMENTS — The following requirements for large scale, non - digital map products must be followed to facilitate the future conversion of the maps to digital map products. All large format, non- digital map products must be provided on stable base material at a scale stipulated in the RFP. The map products must include art index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. I . Base Map Media -- All maps must be created on mylar or other stable base material, 2. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Department, all maps should be compiled at 1:24,000. If other map scales are approved by the Department, where possible they Will conform to standard map scales such as 1:9600; 1:50,000; 1:75,000; or 1:100,000. 3. Map Registration -- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks, 4. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL. MAP PRODUCT REQUIREMENTS above and the map scale. 5. Cartographic Quality --The quality of all map line work and symbolization must conform to items I - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. D. CONTRACT DATABASE STANDARDS L Delivery Media — All database and tabular files must be provided on digital media as specified above in Deliverable Format. -2. Software Format Database and tabular files can be provided in Corel Quattro, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. 3. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. XIV. Pa went and Records Retention A, Payments shall be made as set forth'in Appendix C. B. The Contractor shall maintain, at its principal place of business, detailed books and accounting records supported by original documentation relating to the incurring of all expenditures, as well as payments made pursuant to this Agreement. The Contractor shall make such records available for review by the Department upon request at any time. The Department shall have the right to conduct progress assessments and review books and records as necessary. The Department shall have the right to conduct an on -site review of the Project and/or books and records of the Contractor prior to, and for a reasonable time following, issuance of the final payment. The Department shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if the Contractor has misrepresented any expenditures or Project activities in its application to the Department, or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain such books and accounting records in a manner so that .reports can be produced therefrom in accordance with generally accepted accounting principles. The AI-9 Contractor -shalt maintain separate fiscal books and records for all funds received through the.Department pursuant to this Agreement. C. During the term of this Agreement and for a period of six years after its termination, the Contractor shall snake all such books and records available to the Department and the Office of the State Comptroller, or their designated representatives, for inspection and audit. XV. >✓qual -_l rnplovment Opportunity The Contractor hereby assures that it is, and shall be for the duration of this Agreement, in compliance with the Federal Equal Employment Opportunity Act of 1972 (Public Law 92 -261), as amended. XVL Article 15 -A of The New York State Executive Lave The Department of State administers a Minority and Women -owned Business Enterprises (MWBE) Program as mandated by Article 15-A of the New York State Executive Law. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women -owned business enterprises. Under this law, all state agencies must, subject to certain exceptions, establish goals for minority and women -owned business participation in certain state contracts and grants. Where MWBE goals are required, even in circumstances where this goal is zero, a uartert g ntractor Re ort is required to be submitted to the Minority and Women -owned Business Program of the Department on forms provided by the Department, as set forth in Appendix Al, Attachment 2. Article 15 -A requires that rules and regulations be established for contracts entered into by the Department. In accordance with Article I5 -A, goals must be set for contracts entered into by the Department in excess of $25,000 for labor, services, supplies, equipment, and materials, or any combination of the foregoing, and for contracts entered into by the Department in excess of $100,000 for acquisition, construction, demolition, replacement, major repair, renovation or improvement of real property.. In applying these rules and regulations, the Department must consider the availability of certified minority and women -owned businesses in the region in which the state contract will be performed, the total dollar value of the contract, the scope of work to be performed, and the project size and term. The contractor will, when required as a part of the bid or proposal, submit a Staffing flan on the form provided by the Department. This Plan will detail the work force anticipated in the performance of the state contract, reported by ethnic background, gender, and Federal Occupational Categories. After a bid opening and prior to the award of a state contract, the contractor will submit an Equal Emt�toyment Opportunity EEO folic Statement to the Department within the time frame established by the Department. The law requires that, as a precondition to entering into a valid and binding state contract, the contractor will agree to the following stipulations and will include therm in the EEO Policy Statement: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status. ° The contractor will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes; affirmative action applies in areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. The contractor will make active and conscientious efforts to employ and to utilize minority group members and women at all levels and in all segments of its work force on state contracts, and the contractor will document these efforts. Al- 10 The contractor will state in all solicitations and advertisements for employees that, in the performance of the state contract, all qualified applicants will be afforded equal employment opportunities without discrimination.because of race, creed, color,. national origin, sex, age, disability or marital status. The contractor will, at the request of the Department, request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other.agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate because of race, creed, color, national origin, sex, age, disability or marital status, and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein. • The contractor will include the provisions regarding the EEO Policy Statement and the Staff � Plan enumerated above in each and every subcontract of a state contract in such a manner that the subcontractor is bound by these requirements. • Failure to provide an EEO Policy Statement and a Staffirt Plan without reasonable written justification or commitment to provide these requirements by a specified date will result in rejection of the contractor's bid or proposal_ After the award of a state contract, the contractor will submit to the Department a Workforce Employment Utilization Report, on the form supplied by the Department, detailing the work forcc actually utilized on the state contract, by ethnic background, gender and Federal Occupational Categories, as specified on the form. This R eport will be submitted to the Department on a quarterly basis throughout the life of the contract. The contractor, and any of its subcontractors, may be required to submit compliance reports relating to their operations and implementation of their affirmative_ action or equal employment opportunity program in effect as of the date the state contract is executed. Questions regarding this program should be directed to the Department's Minority and Women -owned Business Program by calling (518) 474 -5741. Potential contractors can access the NYS Directory of Certified Minority and Women -owned Business Enterprises on -line through the Empire State Development website at: http: / /www.empire.state.ny.us and click on NY P Bit. From the list on the top left of the page, click on Small and Growing Business and, from that drop -down menu, click on: Minority and Women -Owned Business. On the top of the page click on the heading "MWBE Directory." The Department makes no representation with respect to the availability or capability of any business listed in the Directory XVH. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. ... XVII1. Submission of all correspondence and documentation A. Unless otherwise stated in Appendix D, the Contractor agrees to provide the Department with the required products in the following formats. All products and.shall include the NYS Comptroller's # as indicated on the Face Page of this Agreement and where applicable, reflect- the Task # it relates to in the Appendix D. 1. Draft products: two paper copies of each product must be submitted. 2. Final products: two paper copies of each product must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in AdobeO Acrobat® Portable Document Format - PDF), created using 300 dpi scanning resolution, and be M- It submitted on a labeled CD -R type CD. The CD must be labeled with the contractor name, contract #, and project title. 3. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. B. Contractor agrees to provide the Department with original and one copy of payment request documentation as described in Appendix C. XIX. Environmental Review A. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental impact statements, findings, and determinations, relating to the Project. B: Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided Department with appropriate documentation that contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. XX. Default and Termination A. The Department may terminate the Agreement in accordance with the terms and conditions in Section III of the Agreement. B. In addition to whatever other reserved rights it has to terminate the Agreement, the Department may terminate the Agreement when it is in the best interests of the State or (l) for cause, (2) for convenience, or .(3) due to unavailability of funds. C. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the defect can be remedied, it may issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as determined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. D. The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, suspended or abandoned During any postponement, suspension or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval of the Department. 1✓. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement with the Contractor upon an equitable basis in good. faith and under the general compensation principles and rates established in the Agreement by the Department. This settlement shall fix the value of the work which was performed by the Contractor to the Department`s satisfaction prior to the postponement, suspension, abandonment or termination of -the Agreement. F. Any funds paid to the Contractor by the Department which are not expended under the terms of the Agreement shall be repaid to the Department. XXI. Fully- Executed Agreement or Amendment Thereto A. If this Agreement, or amendments thereto, allocates funds totaling $50,000 or less, it shall be deemed to be fully executed when approved and signed by the Contractor and the Department. 13. If this Agreement, or amendments thereto, allocates funds totaling more than $50,000, it shall be deemed to be fully executed when approved by the Office of the State Comptroller. Al -Attachment i FINAL PROJECT SUMMARY REPORT mai payment of the grant independent upon the satisfactory completion and acceptance by the Department of State, flffice n(Coastal, l oval fivvernment and Comman£ Susta£nAhii£ of this FMAL PROJECT SUMMARY REPORT along with the requisite documentation. In addition to the other requirements of the contract, the grant recipient is responsible to relay the importance, fhe significance and the value of the completed project to the community, the region and the state through the completion of the report. The following outline should be used to complete the FINAL PROJECT SUMMARY REPORT: 1, Project Title: 2.. Name of Municipality: 3. Actual Project Costs: - a. State funds expended (identify source, cg. EPF, Clean Water/ Clean Air Bond Act, etc.): b. Local funds expended: a. Other funds expended: 4. Project Manager: Name: Title: Mailing address: Te). number: Fax number: E -mail address: S. Federal Tax identification Number: ti. Project Background (briefly explain in a short paragraph why this project was necessary, what its value is and /or its importance to the . community): 7. Project Work (briefly describe the work that was done to complete the project): S. Project Descriptions (use the following guidelines to describe the project and please be concise in the description): a. For a Planning Project describe the findings or recommended strategies, b. For a Design Project describe what is to be built. c. For a Construction Project describe what was built, 9. Project Measurable Results: To be completed on forms attached, 10. Project Documentation; The Department of State, Office of Coastal, Local Government and Community Susrainabllity requires a visual .documentation of the Environmental Protection Fund projects. Project products should be visually documented using a 35mm camera or a digital camera. The 35mm color slides and /or di xital camera disc should be labeled and dated when submitted along with the completed FJNAL PROJECT SUMMARY REPORT. Visuals should illustrate the f"mal project product and, as appropriate, activities undertaken to complete the project. For example, some projects would call for visuals•that include photographs of volunteers participating in a wetland restoration project (planting Spartina); photographs of historical signs markers, kiosks, etc. being placed; or photographs of an artist's rendering of a waterfront design. Design, planning, and construction projects call for different visual documentation. Therefore, the following guidelines are suggested: * For design projects, visuals of renderings and/or graphics that depict the final product. * For planning projects, visuals of any graphics, where appropriate, that illustrate the final product. * For construction projects, visuals of work in progress and the finished project. In addition to the 35mm color slides /digital camera disc, a video (vhs format) of the project with a verbal description is desirable but not mandatory The video may be used in a future documentary. 3 Al - Attachment 2 NYS Department of State a Minority and Women -owned Business Enterprises program 99 Washington Avenue Albany NY 12231 -0001 i (51$) 474 - 5141 Minority and Women -owned Business Enterprises (MWIBE) Program Quarterly Contractor Report INSTRUCTIONS: 1. Please prepare reports based on calendar quarters, or prepare one annual report. 2. Use a separate Report sheet for each contract or program area 3. Record the amount paid for each service /product for the time period identified below. A. Send completed. reports to the Mitority and Women - owned. Business Enterprises Program the at above address. REPORT PERIOD Report should cover a calendar quarter OR the program year. FROM: TO: Enter the inclusive dates of the quarter or for the program year. F .' CONTRACTOR NAME PROGRAM DOS CONTRACT NUMBER CONTRACTOR ADDRESS Service Area of Contract Work NAME and TITLE of CONTACT PARSON (Please Print) TEL NUMBER TYPE of D13SCRIPTION of AMOUNT PAID VENDOR NAME and ADDRESS VENDOR. SERVICE/PRODUCT THIS .PERIOD COMMENTS [� MHIa $ 0 WBE 0 MBE ❑ WBE Cl MBE o WBE D MBE 13 WBE 0 MBE Q WBE. cl MB E 13 WBE 0 MBE 11 WBE Cl MBE 0 WBE a MBE . 13 WBE PAGE 1 of Al - Attachment 3 Project Status Form RECIPIENT CONTRACT # PROJECT TITLE Status.Report Date; Product Task Brief Task Date.of Percent of Submitted # Descriotion A/T Co letion Completion Task Accomplishments Lo DOS ADJUSTMENTS - Please indicate proposed adjustment(s) to work program /schedule, reasou(s) for the proposed adjustment(s), and any other problems encountered du.rin this report�eriod Person to contact if we have questions about the information provided on this form:. Name: Email Address: Title: Affiliation: Phone: Fax: .�r € t6 Al - Attachment 4 Certification to New 'York State Department of State that all State and Local.aiad Private Procurement Requirements Have .Been Met (Check the paragraph that applies) I hereby certify that l am the municipal attorney, chief legal officer or financial administrator for the and that the contract/procurement with appended hereto pursuant in whole or in part to NYS Department of State Contract No. , was awarded in accordance all requirements of law and the following provisions: . 1. For Municipal Entities (except NYC or Borough): Applicable public bidding procedures of General Municipal Law § 103 relating to the procurement for service, labor, and/or construction involving more than $35,000 or goods and equipment involving more than $10,000. Procedures established by this municipality pursuant to the General Municipal Law § 104 -b relating to the procurement for service, labor, and/or construction involving not more than $35,000 or goods and equipment involving not more than $10,000. 2. For New York City or Borough: Applicable public bidding procedures of General Municipal Law § 103 and regulations of the Procurement Policy Board relating to the procurement for service, labor, and/or construction involving more than $35,000 or goods and equipment involving, more. than $10,000. Procedures established by the municipality pursuant to the General Municipal Law §104 -b and regulations of the Procurement Policy Board relating to the procurement for service, labor, and/or construction involving not more than $35,000 or goods and equipment involving not more than $10,000. 3. For Not -for- Profit Organization or other entities not listed above: All requirements of law, including the NYS Not - for - Profit Corporation Law, the bylaws of this organization, and pursuant to a publicly advertised process to ensure the prudent and economical use of public funds to obtain maximum quality at a reasonable cost. By: Title: Date: Attached - Executed Contract between Contractor and Subcontractor Revised. 3awary M, 2410 t Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefils) $5,030.00 B. Travel $750.00 C. Supplies/Materials $935.00 D. Equipment $0,00 E. Contractual Services $473,550.00 F. Other' $165,835.00 TOTAL PROJECT COST $647,100.00 Total State Funds $323,550.00 'Fatal Local.Share $323,550.00 B -2 Appendix B (Budget Detail Sheet) TITLE ANNUAL AMOUNT SALARY CHARGER `1`O THIS PROJECT Senior Lan dsca a Assistant $43 000.00 $2,110.00 Su ervisar afMaintenanee $23.00 /hr $920.00 Street Worker $17.30 /hrr $692.00 Laborer H $16,35/hr $1,308.00 SUBTOTAL $5,( B. TRAVEL Travel to attend NYS Community Seminar Series training sessions. SUBTOTAL $750.00 L C. SUPPLIES/MATERJALS Materials for LaSalle Perk Restoration of Sink Holes: Gabion Stone (23 tons) ..................... . .. . ........................... . . $393.00 Top Soil (24 yards) ................. ..................................... ....: $542.00 SUBTOTAL $935.00 E DFQUIPMENT SUBTOTAL, $0.00 r M. c Appendix B (Budget Detail Street continued) E, CONTRACTUAL SERVICES Consultant planning and environmental. services to coordinate and implement elements of Riverwalk Revitalizati ©n, Phase 1: - Riverwalk'Revitalization Action & Heritage Interpretation Plan. ....... ....... . $144,550 -Water Access Sites Development ........... ............................... . . . .. $119,000 -Site Interpretation and Tours. . . ............................. $60 -Black Rock Canal Park Concept Plan - Feasibility Analysis ............................ $50,000 -Land Acquisition Study...... .... I .... . ..................... $100,000 SUBTOTAL $473,550.00 F. OTHER Training - Registration for NYS Community Seminar Series training sessions (Registration fee $125 per person per session) ....... ............................... $375.00 Equipment usage for LaSalle Park Restoration of Sink .Holes E -632 Pickup($ 25/ hr) ....................... . .........:..................... $1,000.00 E -660 Utility Truck ($25 /hr) ................ . ............................... $1,000.00 E -619 Dump truck ($43/hr) ................ ............................... 1... $1,720.00 Bobcat ($ ..........:.... ............................... ........ $1,040.00 Meeting space rental fee ($100 /mecting) .. ............ . .......................... $3,600.00 Website and Listserve hosting .... ............. . ...... $5,000.00 Contractual services procured by Erie County for Ontario Street Boat Launch / Black Rock Canal Park Improvements.... , ..... ........ .. . ....... . ... . ..... . ........ $50,000.00 Donated Professional Services Partners for a Livable Western New York: Perform site analysis of Niagara Street Corridor for potential revisions to zoning code, traffic calming measures and opportunities to connect neighborhood to the waterfront. CEO: estimated @ hrs................................................. $90(1.00 Architect: estimated @ 8 hrs .............. ............................... $600.00 Planner: estimated. @ 4 hrs ......... ... . ............... . ................. $ 300.00 Mortgage Banker: estimated @ 4 hrs ..................... . .................. $600.00 Main Street Project Manager: estimated @ 4 brs .............................. $200.00 Construction Manager: estimated @ 4 hrs... I I ... . ...... I__ ............. $300.00 Urban Resign Consultant: Provide design consultation on short -term improvements including interim access strategies /temporary greenspace and heritage interpretation. Estimated @ 30 hrs.......... ......... $3,000.00 v° 3 P. OTHER continued Landscape Architects: Assist with Broderick Park development including site reconnaissance, site improvement concepts; cost estimates for City of Buffalo Capital Planning budget, and coordination with US Army Corps of Engineers shoreline stabilization. Estimated @ 160 hrs ................. I ............... ............ ... $12,000.00 Estimated @ 124 hrs .................... . ........................ . ... $23 Buffalo Niagara RIVERKEEPER Executive Director: Provide project coordination and oversight; assist with Broderick Park, LaSalle Park site planning, and coordination with US Army Corps of Engineers, Niagara River Greenway Commission and Niagara River Remedial Action. Plan, Estimated @ 392 hrs ............... ............................... $19,600.00 Habitat Restoration Specialist: Provide habitat restoration planning assistance for Niagara River Important Bird Area, shoreline and upland habitat improvements throughout corridor habitat analysis. Estimated @ 120 hrs ......... ...... ........... , ... , ............ $9,000.00 Buffalo Niagara RNERKEEPER Environmental Program Director: Prepare habitat and greenway analysis; develop habitat coordination project and applications for relicensing and federal Great Lakes Habitat restoration funding. Estimated @ 120 hrs ................... ............................... $5,160.00 Buffalo Niagara RIVERREEPER Communications Director: - website development: estimated @ 100 hrs .............................. .................. .......... $2,875.00 maintenance: estimated @ 48 hrs ........ ............................... $1,380.00 Associate Professor of Communication and Design: oversee and provide guidance to students on designing three branding concepts to unify the Niagara Street corridor. Estimated @ 75 hrs....... ; ............................. ............ $5,625.00 Volunteer Services SUNY University at Buffalo Architecture and Planning Student Interns; Provide community outreach, planning research and early concept.development services. Estimated @ 450 Ins .......... . .... ...... ; ............. , ......... $6,750.00 Five students work on designing three branding concepts to unify the Niagara Street corridor. - Estimated @ 750 his ............... ............................... . $11,250.00 SUBTOTAL $166,835.00 APPENDIX C PAYMENT AND REPORTING SCHEDULE I. Payment Schedule A. The Department shall make interim payments for eligible costs incurred up to an amount not to exceed 90% of the State Share Funding Amount. The final payment will be made upon satisfactory completion of the Project. B. Not more frequently than once every 30 days, a properly executed payment request, on forms as prescribed by the Department documenting total project costs incurred to date, may be submitted. 1. Payment provided above shalt be made to the Contractor upon the submission by the Contractor of properly executed payment request. Such request shall contain the following: (1) "Summary Sheet Documentation Forms" as provided by the Department, for reimbursement of actual and eligible expenditures, (2) the required work.products, and (3) a properly executed State. Voucher. 2. Payment requests will be reviewed in accordance with the terms and conditions of this Agreement to determine total allowable project .costs incurred and the number and percentage of allowable project . tasks completed to date. For the purpose of determining the level of reimbursement, otherwise allowable project costs may be reduced if the percentage of task completion is deemed insufficient. 3. Total allowable project costs, adjusted pursuant to 2. above, will be prorated between State Share and Local Share costs in the same proportions as Total State Share is to Total Local Share as set forth on the Face Page, 4. Interim payments will be issued in amounts equal to the State Funds calculated in 3. above. 5. The final payment will be issued upon receipt and approval of a payment request marked "FINAL" documenting all project costs incurred and tasks completed and submission of the Final Project Summary Report. Such final payment request shall be submitted within 60 days following the ending date of this Agreement. II. Re . artint; A. Payment requests as. described in I.B. above shall be certified by a duly authorized representative of the Contractor as accurately representing such accomplishments and .expenses as recorded in the Contractor's accounting records, including, where goods or services are provided by third parties not party to this Agreement, a certification that any payment obligations arising from the provision of such goods or services have been paid by the Contractor and do not duplicate reimbursement or costs and services received from other sources. B. Notwithstanding the above requirements, upon written notification by the Department, the Contractor may be required to submit source documentation and additional verification of allowable expenditures. C. Payment requests shall be submitted to: New York State Department of State Office of Coastal, Local Government & Community Sustainability One Commerce Plaza -Suite 1010 Albany, New York, 12231 -0001 D. Claimed expenditures must be in accordance with the project budget in Appendix B.. Any changes to the cost categories contained in the Budget, Appendix B, in excess of 10% will require prior approval of the Department. If the total Contract amount is in excess of $50,000, approval will also be required by the Office of the State Comptroller. No expenditures shall be allowed for items not set forth in the project budget. C- 2 father A. Notwithstanding the submission of timely and properly executed payment requests, the Department shall be under no obligation to mAe payment for expenditures incurred without the prior Department approvals and/or amendments required under this. Agreement and, further, shall have the right to withhold any such payment pending the execution of such approval and/or amendment; B. Interest income earned on finds received pursuant to this Agreement shall be used to further the purpose of this Project or shall be deducted from total eligible cost to determine -the net eligible costs to be reimbursed by the Department. t C. The Department shall have the right to conduct on -site progress assessments and reviews of the Project and Contractor's books and records during the life of this Agreement and for a reasonable time issuance of the final. payment. The Contractor shall furnish proper facilities, where necessary or useful, for such access and inspection. D. The Department shall be entitled to disallow any cost orrexpense, or terminate or suspend this Agreement, if found that the Contractor has misrepresented any expenditures or project activities in this Agreement, or in any progress reports or payment requests made pursuant hereto. E. The Contractor shall maintain separate fiscal books and records for all funds received through the Department and project activities conducted pursuant to this Agreement, and shalt make all such books and records available to. the Department, the Office of the State Comptroller, or their designated representatives for inspection and audit for a period of six years following termination of this Agreement. APPENDIX D PROGRAM WORK PLAN Contractor: City of Buffalo Contract Number: C006805 Program Contact Person: Julie Barrett O'Neill, Executive Director, Buffalo Niagara RIVERKEEPER Phone: ('116) 852.7483 Fax: (716) 885 -0765 Riverwalk Revitalization; Phase I 1. Project Description: The City of Buffalo (Contractor), in partnership with the Buffalo Niagara RIVERKEEPER, will undertake a multi - component project directed at revitalizing the Niagara River Riverwalk. The project will include`. ► Riverwalk Revitalization.Coordinator - Grant funding will support a Riverwalk Revitalization Coordinator position over the term of 24 months to coordinate and manage project components and liaise with the Contractor and Niagara River Greenway Commission. The Riverwalk Revitalization Coordinator will also supervise two members /students of the Western New York AmeriCorps and/or Student Conservation Association (SCA) to be accepted/hired for Riverwalk site interpretation, tour and access assistance. Riverwalk Revitalization Action Plan - Preparation of a detailed 5 -year action /strategy roaster plan for the revitalization of the Riverwalk system, The Riverwalk Action Plan will identify gaps, service deficiencies and revitalization opportunities in the Riverwalk system. The Plan will capitalize on many local planning opportunities, including but -not limited to: - Niagara River Greenway Plan, and the Niagara River National heritage Area; Improvements to Tow Path Park; - Completion of the Scajaquada Pathway; - Scajaquada Creek restoration efforts; Ontario Street launch site revitalization; - Revitalization efforts of historic brick structures along Niagara Street; - Stabilization and success of the Elmwood Village neighborhood; H. I-I' Richardson restoration efforts; -Access potential created by removal of NYS Thruway Breckenridge toll plaza; - Design and funding for the creation of access at the Sunset Promenade site; - Completion of the Frank Lloyd Wright Rowing Boathouse°, - Expansion plans for Buffalo State College along Scajaquada Creek; - Pending anniversary of the War of 1812, and the foundation of a Legacy Council organizing group; - Efforts to create a Niagara International Peace Park, in conjunction with the anniversary; - Seaway Trail Visitors Center in Erie County; � D-2 - Brownfield rermediation proposed for the Tonawanda Brownfield Opportunity Area; Niagara River Great Lakes Area ofConcem restoration. efforts; Buffalo Sewer Authority Clear Water Act compliance CSa reduction efforts; and New York Power Authority,Habitat Improvement and ecological investments. Riverwalk Heritage Tours and Access Assistance Program - Two members /students of the . Western New York ArneriCorps and/or Student Conservation Association (SCA) will be . - accepted/hired each year (duration of 24 months, over four years; Gmths{ yr) to provide visitors to the Riverwa area with site interpretation, tour and access assistance. Black Rock Canal Park Concept Plan e Feasibility Sturdy - With. assistance provided by Erie County, analyze the feasibility of the Black Rock Canal Park Concept Plan. The concept plan for the park was previously prepared by the Black Rock Riverside Good Neighbors Planning Alliance. The feasibility study may include: - Identification of Stakeholders; - Community outreach process and plan; - Site reconnaissance — landside /waterside and structural /non - structural; Evaluation of the Black Rock Canal Park Concept Plan relative to environmental, institutional, transportation access, financial, and structural feasibility; - Develop alternative schematic designs where feasible; - Phasing plan for park implementation, including a funding element; and - Compliance with State Environmental Quality Review as appropriate. Land Acquisition - Determine the feasibility and desirability of not- for - profit acquisition of one 18 -acre and a second 38 -acre waterfront brownf"Zeld area within the Riverwalk system for public water access and ecological restoration purposes. The study will explore environmental and historic resources at caeh site, develop conceptual master plans, negotiate acquisition costs, estimate site development costs, and determine feasibility of ongoing site operation. A pre- acquisition plan for - lands that are not in public ownership, but for which a right-of-way acquisition is essential for the implementation of proposed Riverwalk projects, will also be prepared. Nonprofit acquisition of the sites would facilitate the opening of the sites for public waterfront access and recreation, environmental restoration, heritage interpretation and the sustainable redevelopment of adjacent sites. . Water Access Sites Development - The Riverwalk Revitalization Coordinator will work in conjunction with the. Buffalo Niagara RIVERKEEPER Landscape Architect to develop conceptual site plans, schematic designs, pre - acquisition plans, project consistency applications to the Niagara River Greenway (NRG) Commission, and SEQRA Environmental Assessment Forms for public access improvement projects along the Riverwalk at: Bird Island PierlBroderick Park (NRG consistency, preparation of designs, permitting and SEQRA compliance will not be done under this agreement; will be done under 09EP1{LWRP, Agreement #C007110); LaSalle Park; the former NYS Thruway Toll Plaza; War of 1812 Naval Yard site; and Rich Marina. C� �_ D -3 Preparation of final designs for these sites. will not be done under this agreement. RIverwalk Heritage Interpretations Plan - The Riverwalk Revitalization Steering Committee, under the guidance of the Riverwalk Revitalization Coordinator and in conjunction with neighborhood stakeholders and heritage experts e.g., the Landmark Society of the Niagara Frontier, the Buffalo & Brie County Historical Society, the Buffalo Olmsted Parks Conservancy will develop a Riverwalk heritage Interpretation Plan. The Heritage Interpretation Plan will establish a strategy for implementation of heritage protection and enhancement projects, including but not limited to the following elements: Inventory of historic, cultural,.educational, scenic, and recreational resources of the Riverwalk corridor; Review of local and regional plans and any other relevant existing information; Identification of heritage - related projects; and Identification of partners and stakeholders willing to participate in the establishment of a foundation for future heritage - related activities. p Website - Working with the Riverwalk Revitalization Steering Committee, the Buffalo Niagara RN'BRKEEPER's Director of Communicatigons will develop an initial website page dedicated to this project. The website will be updated to reflect the current status of planning and improvements in the Riverwalk Revitalization planning area, as well as posting information relevant to interested parties such as special events, public meetings, or upcoming planning efforts. LaSalle Park Improvements - The Contractor will repair weakened areas at the southwest end of LaSalle Park, including removal of weak pavement and substructure or sink holes and replacement with new substructure, topsoil, and seeding. These improvements will immediately enhance public access to the park and improve safety. Local thatch for the project will be provided for through a combination of cash, donated professional and Volunteer services, and funding from the New York Power Authority Relicensing Settlement Agreements (i.e., land acquisition study). 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed; constructed, and/or produced acknowledge the contributions of the Department to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) .was prepared for the New York State .Department of State with funds provided under Title 1 Y of the Environmental Protection Fund. " The Contractor must submit to the Department all required products, clearly labeled with the NYS Comptroller's Contract # as indicated on the Face Page of this Agreement and !where applicable, the related Task # from this Work Plan, The Contractor shall submit: Draft products: two paper copies of each product. Final products: two paper copies of each product. In addition, all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe@ Acrobat® Portable Document Format - PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD -22 type CD. The CD must be labeled with the contractor name, contract #, and project title, 3 D -4 Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. The .contributions of the Department must also be acknowledged in community press releases issued for the project. Project press releases shall be submitted to the Department for review and approval prior to release to ensure appropriate attribution, 3. Compliance with Procurement Requirements The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with (Appendix A l -XXI). 4.' Training A required component of the Title 11 Environmental Protection Fund program is Contractor participation in a training session or sessions focused on developing and implementing revitalization strategies (Appendix Al -1). The purpose of these training sessions is to build knowledge and provide support to community leaders to advance revitalization efforts and advance grant priorities. The specific training session(s) to be attended will be determined during the initial project scoping meeting. 5. Project Components Task 1: Prepare job description, advertise and hire Riverwalk Revitalization Coordinator In consultation with the Department, the Contractor and the Buffalo Niagara RIVERKEEPER will prepare a job description for the position of Riverwalk Revitalization Coordinator. Also in consultation with the Department, a Riverwalk Revitalization Coordinator will be hired to coordinate and manage Riverwalk project components and liaise with the Contractor, Buffalo Niagara. RIVERKEEPER and Niagara River Greenway Commission. Additionally, the Riverwalk Revitalization Coordinator will supervise two members /students of the Western New York AmeriCorps and/or Student Conservation Association (SCA) to be accepted/hired for Riverwalk site interpretation, tour and access assistance. The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. The Riverwalk Revitalization Coordinator selected is subject to approval by the Department. Products: Job description, advertisement, and hiring of Riverwalk Revitalization Coordinator. Procurement certification. Task 2: Project Scoping Meeting The Contractor, Buffalo Niagara RiVERREEPER, the Department, and Riverwalk Revitalisation Coordinator shall hold an initial meeting to review the Riverwalk Revitalization Coordinator's role, responsibilities, and priority tasks and to transfer any information to the Riverwalk Revitalization Coordinator which would.assist in management and completion of the project. Agenda items shall include: project scope and responsibilities of participants, i.e., City of Buffalo, Buffalo Niagara RN the Department, Riverwalk Revitalization Coordinator; project requirements; State Environmental Quality Review Act (SEQRA) compliance requirements; attendance at NYS Community Seminar Series training sessions; and any other information which would assist in project completion. A concise list of responsibilities, including a 24 month work plan and management structure, will be prepared during the Project Scoping Meeting. The Riverwalk Revitalization Coordinator shall prepare and distribute a brief meeting summary to clearly indicate the agreements /understandings reached at the meeting, Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Product: Project Scoping Meeting with appropriate parties. A list of job responsibilities including a 24 month work plan and management structure prepared. Meeting summary with note of agreements /understandings reached distributed to meeting participants. Task 3: Community Training. The Contractor will participate in the Community Training Program as stated in Section 4 above. Product: Copy of transmittal letter submitting payment for registration fees. Participation in training session(s). Task 4: Project Advisory Conunittee The Riverwalk Revitalization Coordinator shall establish a Riverwalk Revitalization Steering Committee to oversee all 'aspects of the project(s). A draft list of proposed members shall be circulated to the Department for review and approval prior to establishment of the committee. The Riverwalk.Revitalization Steering Committee will work with the Riverwalk Revitalization Coordinator to plan, coordinate and manage the projects included in this work program. Products: Draft and final list of proposed: members of the project advisory committee. Project advisory committee established. D-6 Task 5: Environmental Quality Review The Riverwalk Revitalization Coordinator shall assist in the preparation of all documents necessary to comply with the-State Environmental Quality Review Act through the determination of significance for Riverwalk Revitalization: Phase I projects, as necessary. Product: Completed State Environmental Quality Review Act documents for projects as necessary. Website I)eveln ment and l�ainfenance Task 6: Development of Riverwalk Revitalization Website Working with the Riverwalk Revitalization Steering Committee, Buffalo Niagara RIVERKEEPER will develop an initial website page dedicated to this project. The web page will be a stand -alone page dedicated to the Riverwalk Revitalization project as well as specific :projects and places within the planning area, but will.also be linked with the RIVERKEEPER website, in addition to providing a link to the Department of State's website at: http: / /www.nyswaterfronts.com. The Contractor must ensure that all materials printed, fabricated, and /or produced acknowledge the contributions of the Department of State to the project. Products: A registered domain name and fully functional Website dedicated to the project and the particular project sites identified within it. Task 7: On-going Maintenance of Website On a weekly or monthly basis, the website will be updated to reflect the current status of planning and improvements in the.Riverwalk Revitalization planning area, as well as posting information relevant to interested parties sueb as special events, public meetings, or upcoming planning efforts. Product: Regularly updated Website. Task 8: Riverwalk Revitalization Listsery Utilizing Buffalo Niagara RIVERK1sEPER's listserve, a special mailing list will be created by to keep participants and interested parties involved and informed in the Riverwalk Revitalization planning as well as in related events/activities. This listsery will send out regular updates on all planning efforts as well as notices and/or reminders on an as- needed basis. Product: Riverwalk Revitalization Listserv. D -7 :arid Acquisition Task 9: Feasibility Study Determine the feasibility and desirability of land acquisition by a not - for - profit, i.e,, Buffalo - Niagara R1VERKEEPER. The study will specifically look at potential acquisition of one 18 -acre and a second 38 -acre waterfront brownfield area within the Riverwalk system for public water access and ecological restoration purposes. The study will explore environmental and historic /archeological resources at each site, develop conceptual master plans, negotiate acquisition costs., estimate site development costs and determine the feasibility of ongoing site operation. Product: Written report of the feasibility of not- for -profit acquisition of an 18 -acre and 38 -acre brownfield properties. Task 10: Pre- acquisition Plan The Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall prepare a Riverwalk area pre - acquisition plan for lands that are not in public ownership but for which a right-of-way acquisition is essential for the implementation of proposed Riverwalk projects. Products: Pre - acquisition plan submitted to the Department for review and approval LaSalle bark Ira ravermeuts Task 11: LaSalle Park Restoration of Sink Holes — Construction & Project Completion After receipt of all necessary permits, if applicable, the Contractor or its-consultant(s) may begin. construction. Construction will include repair. of weakened areas at the southwest end of LaSalle Park including removal of weak pavement and substructure or sink holes and replacement with new substructure, topsoil, and seeding. The Contractor or its consultant(s) shall submit a statement. that the work has been completed and photo - documentation in the form of digital images of the site prior to and upon completion of work. .Products: Repair of sink holes completed, Statement of completion and photo- documentation. Riverwalk Revitalization Action Plan Task 12: Study Area Boundary The Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall establish the boundary of the Niagara River Riverwalk Revitalization Area - for which a 5 -year action/strategy chaster plan will be prepared. t t D -8 The Riverwalk Revitalization Area boundary reap must show important natural, recreational, cultural and historic resources /attractions within and adjacent to the Riverwalk area, and commercial centers which could be linked to the Riverwalk by streets, trails, viewsheds, and other relevant factors, Products: Boundary map of the Niagara .River Riverwalk Revitalization Area. Task 13: Existing Plans and Projects The Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall identify, review, and analyze existing local and regional planning documents and ongoing projects, The review shall include, at a minimum, applicable elements of: the City of Buffalo Draft LWRP; Niagara River Greenway flan; designation of the Niagara Palls National Heritage Area; Seaway Trail National Scenic Byway; Niagara River Area of Concern (AOC) Remedial Action Plan; Niagara Power Project Relicensiug- Agreements and Habitat Improvements; Erie County Parks System Master Plan; Town of Tonawanda Brownfield Opportunity Area application; Black Rock Canal Park concept plan; U5 Department of Homeland Security regulations; and the War of 1812 anniversary plans. This, review process will also include consultation with community leaders, and with Riverwalk neighboring communities, as applicable. Representatives of the Contractor, the Riverwalk Revitalization Steering Committee; and the Riverwalk Revitalization Coordinator will meet with the leaders of Riverwalk neighborhoods, as appropriate, to identify common issues and discuss the feasibility of joint Riverwalk planning efforts. The Riverwalk Revitalization Coordinator shall develop a written findings report, organized by subareas, describing and assessing existing planning documents and the issues and opportunities identified during the meetings with the representatives of the Riverwalk neighborhoods, Product: Written findings report with identification of preliminary issues and opportunities submitted to the Department for review. Task 14: Riverwalk Land and Water Use Profile The Contractor, or the Riverwalk Revitalization Steering Corzu3nittee and the Riverwalk Revitalization Coordinator, shall inventory natural and man -made resources and conditions within the Riverwalk area, and develop a land and water use profile. The Riverwalk land and water use profile shall identify issues, opportunities, and goals necessary to develop the Riverwalk area into a .complex, accessible, and well connected trail network, to enhance the quality and capacity of existing tourism- related facilities and services, and to enable better coordination of activities and more effective use of the natural, cultural and historic resources. Topics may include, but are not limited to, the following: Demographic target/potential users (population trends, leisure time, cultural diversity, etc.) Existing land use Existing water use D` D -9 Existing zoning and ether relevant local development controls ° ,and ownership patterns, including underwater lands Relevant governmental and non- governmental entities Infrastructure (water supply, sewage disposal, electric supply, solid waste disposal) including extent, condition, capacity, and ownership Existing public access and connections with the urban environment ® Existing recreational sites and resources (range of existing things to do (activities), in all seasons: walking, swimming, fishing, boating, hiking, bird - watching, biking, inline skating, nordic skiing) Tourist-oriented public services and facilities (including boat launches and public restrooms) Tourist- attractions along the corridor and wayfsnding signs Public safety and existing psychological barriers Transportation and transit routes (mass transit, roadways, parkways, ferries, marinas, multiple use trails) • . Cultural and Historic resources (possible resources could include: buildings, neighborhoods, historic sites, archeological sites, historic streetscape and districts, street furniture, historic pavings and other amenities, walls, fences, gates and related features, industrial sites, civil engineering monuments, heritage -trees and cultural landscapes, National Register sites and districts, locally designated resources) ° Scenic resources and view corridors (special landscapes) • Topography, hydrology, soils and streambank conditions Water duality Natural resources (e.g., wetlands, steep slopes, mature trees) • Flooding and erosion Significant fish and wildlife habitats Environmental issues (e.g., hazardous waste sites, solid waste) Navigation and dredging issues • Analysis of site constraints, needs and opportunities Products: Riverwalk profile with accompanying maps submitted to the Department for review and approval. Task 15: Schematic Riverwalk Revitalization flan The Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall prepare a Schematic Riverwalk Revitalization flan based on the goals outlined in the Riverwalk Land and Water Use Profile. The Schematie Riverwalk Plan shall describe the existing and proposed components of the trail network, and the existing and proposed recreation facilities for the Riverwalk area. The final action plan will be prepared based on the approved schematic. Products: Proposed Schematic Riverwalk flan, narrative and maps, submitted to the Department for review and approval. D-10 Task 16: Proposed Projects The Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk Devitalization Coordinator, shall.. identify and detail the proposed range of projects necessary to advance the revitalization of the Riverwalk area. The summary of proposed projects shall include, at a rW irnum: Riverwalk Heritage Tours and Access Assistance Program (Task 22); Black Rock Canal Park Concept Plan - Feasibility Study (Tasks 23 -31); Water Access Sites Development: LaSalle Park; Removal ofNYS Thruway Breckenridge Toll Plaza; War of 1$12 Naval Yard site; and Rich Marina (Tasks 32 -35); and Riverwalk Heritage Interpretation Plan ('Tasks 36 -37). The proposed project summary shall be submitted to the Department for review and approval. Products: Written summary of proposed projects. Task 17: Public Survey The Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall prepare and distribute a public survey(s) to solicit public input on: • existing and proposed recreation services and facilities (i.e., :access, quality, capacity, variety, economic impact, health impact, perception, etc.); and • ways to connect the natural, cultural and historic heritage of the area with the Riverwalk trail network, and ways to educate the public /tourists about the area's heritage. Products: Survey, and survey findings submitted to the Department for review. Task 18: implementation Strategy The Contractor, or the Riverwalk Revitalization Steering Committec and the Riverwalk . Revitalization Coordinator, shall prepare a five year implementation strategy for the proposed water access projects (Task 1.6), including potential funding sources, project phasing (as appropriate), and recommended means of .management. Actions will be categorized and described in priority order. The description shall include the approximate date when the action should occur, estimated cost, responsible entity, and potential funding sources. Products: A written implementation strategy and schedule of actions submitted to the Department for review and approval. Task 19: Draft Riverwalk Revitalization Action Plan The Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall prepare a Draft Riverwalk Revitalization Action Plan based on the Riverwalk profile, schematic plan, list of proposed projects, pre - acquisition plan, public survey findings and implementation strategy. D -11 The draft plan may include reaps, tables, data, and written discussions, the boundary area, land and water use profile, goals, proposed projects and implementation strategy; and any other information identified in the contract work plan and during project scoping. Department comments will be addressed in subsequent revisions of the products and finalization of the design. Products: Draft Riverwalk Revitalization Action submitted to the Department for review and approval. Task 20: Public Meeting In consultation with the Department, a public information meeting shall be conducted to present and obtain feedback on the Draft Riverwalk Revitalization Action flan. A written summary of public input obtained at this meeting shall be prepared and provided to the Department, Products: Public information meeting held. Summary of meeting prepared and submitted to the Department. Task 21: Final Riverwalk Revitalization Action Plan The Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall prepare the Final Niagara River Riverwalk Revitalization Action Plan, incorporating comments received from the project stakeholders and public during the review process, The Contractor, and/or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall also submit to the Department a schedule of adoption of the Niagara River Riverwalk Revitalization Action Plan. The final Action Plan shall reflect any Department revisions requested to the satisfaction of the Department prior to finalization, publication and distribution, Products: Final. Riverwalk Revitalization Action Plan, including all maps, tables, data, written discussions, electronic information, and other information, Riverwalk Heritage Tours and Access Assista nee Program Task 22: Riverwalk Interpretation Tours and Access Assistance Program The Contractor, or the Riverwalk Revitalization Steering Committee and the'Riverwalk Revitalization Coordinator, in partnership with the Western New York AmeriCorps and /or Student Conservation Association (SCA), shall design a program that will provide assistance to the visitors of the Riverwalk. Through this program, two meimers /students of the Western New York Ame.riCorps and/or Student Conservation Association will volunteer each year (four years) to provide interpretation tours and access assistance to the visitors of the Riverwalk area. Products: Program developed. Submitted to the Department for. review and approval, D -12 Black Rock Canal Park Concept t'lan ®)Feasiblllt Stud Task 23: Request for Proposals The Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk ..Revitalization Coordinator, shall draft a Request for Proposals (RFP) including a complete project. description with site conditions, expected final results, a schedule for completion, and criteria for selecting a preferred proposal. The Contractor shall submit the RFP to the Department for review and approval prior to release for solicitation of proposals. Products: Approved RFP released through advisement in local papers, the New York State Contract Reporter, and other appropriate means. "Task 24: Consultant Selection and Compliance with Procurement Requirements In consultation with the Department, the Contractor, or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall review all proposals received as a result of the RFP. At a minimum, the following criteria are suggested for use in evaluating consultant responses: Quality and completeness of the response. Understanding of the proposed scope of work. Applicability of proposed alternatives or enhancements to information requested. Cost- effectiveness of the proposal. Qualifications and relevant experience with respect to the tasks to be. performed. Reputation among previous clients. Ability to complete all project tasks within the allotted time and budget. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation /certification of final designs and construction documents, and for supervision of construction, a licensed professional engineer or licensed professional architect/landscape architect .is required. The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. The Contractor's procurement record and consultant selection is subject to approval by the Department. Products: Consultants) selected and approved by the Department. Written certification of procurement procedures. � D43 Task 25: Subcontract Preparation and Execution The Contractor, or the-Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall prepare a draft subcontract or subcontracts to conduct project work with the consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (pa should be tied to receipt of products) and a project cost. The subcontraet(s) shall specify the composition of the entire consultant learn, including.firm name and area of responsibility /expertise, and those professionals from the consultant teams or consulting firm that will be directly involved in specific project tasks. The Contractor shall submit the draft subcontract(s) to the Department for review and approval, and shall incorporate the Department's comments in the final subcontract(s). A copy of the final, executed subcontract shall be submitted to the Department. Products: Draft and final, executed consultant subcontracts. Task 25: Project Seeping Meeting In consultation with the Department, the Contractor or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall hold a project scoping meeting with the consultant(s), and other project partners as appropriate, to review'project requirements, site conditions, and roles and responsibilities; identify new information needs and next steps; and transfer any information to the consultant(s) which would assist in completion of this project component. To avoid work duplication, all the participants to this meeting shall acknowledge that the information contained in the Riverwalk Revitalization Action Plan will be used as a resource for this project component. The consultant(s.) shall prepare and distribute a brief meeting summary clearly indicating the agreemennts /understandings reached at the meeting. Work on subsequent tasks shall -not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Scoping meeting with appropriate parties. Written meeting summary outlining . agreements /understandings reached. Task 27: Site Reconnaissance and Design Criteria A. The Contractor or its consultant(s), in consultation with the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall conduct site- specific reconnaissance. At a minimum, the site reconnaissance shall include identificatiori and mapping of the following; ° Site survey showing extent of project boundary Ownership /grant/lease status of all lands to be incorporated into the design Current use of property condition, capacity Manmade structures, buildings, or facilities on or adjacent to the site D -14 ® Infrastructure and utilities (land and waterside), location, extent, conditions, capacity a Transportation/circulation. systems (truck, car, bus, pedestrian, bicycle, recreational and commercial vessels etc.) Adjacent land and water uses Historic and archeological resources Soils (including investigations into potential soil contaminants) • Topography and hydrology (including construction suitability) • Existing water quality (including possible impacts of the future development) Natural resources, natural features and conditions including upland and waterside features and conditions • View corridors • Existing zoning and other relevant local laves • Analysis of site constraints, needs and opportunities The site reconnaissance shall also include information on public safety and security obtained from the Erie County Sheriff Office and the US Department of Homeland Security. B. The consultant(s), in consultation with the Riverwalk Revitalization Steering Comnittee, the Riverwalk Revitalization Coordinator, and the Black Rock Riverside Good Neighbors Planning Alliance, shall develop a set of criteria for park design. The criteria shall be derived from the site reconnaissance findings, the review of existing planning documents, and the existing Black Rock Canal Park Concept Plan and graphics. Products: Site Reconnaissance Report - including maps and a written summary - describing the above information, and any other appropriate information identified during project scoping, submitted to the Department for review and approval. Task 28: Alternative Schematic Oesigns The Contractor or its consultant, in consultation with the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall prepare alternative schematic designs for the Black Rock Canal Park, to ensure that the size, scale, and related physical, spatial, and environmental aspects of proposed improvements will be compatible with the site, adjacent areas, natural resources, community character and neighboring emerging projects.. The alternative schematic designs may include the following: Design standards and guidelines for the following types of items: architectural style and detail; • building mass including height, length, setbacks, and coverage; site coverage by buildings, walkways, landscaping, and parking areas; drainage recommendations, rain gardens, vegetative buffers width and type of pedestrian walkways, sidewalks, and waterfront esplanades; D-15 • bulkheads and railings; signs; street trees, benches, lighting, planters, bicycle racks, trash receptacles and other landscape amenities; • outside connections, roadway types and widths; open space requirements; and view corridors. ® Graphics, i.e., conceptual site plans, elevation drawings, section drawings, perspective drawings, convey to municipal leaders and the public how the developed site and immediate area may loop after, the development is completed; s Best management practices to be employed to avoid or reduce water quality impairments from upland runoff or in -water activities. Impacts, if any, to State designated Significant Coastal Nish and Wildlife Habitat areas, Coastal Management Program special management areas, or other sensitive resources, and how those impacts should be avoided or mitigated. Unless otherwise specified during project scoping, the Contractor or its consultant shall prepare a minimum of two alternative schematic designs for review by the Riverwalk Revitalization Steering Committee and the Department. Products: Alternative schematic designs. Task 29: Draft Feasibility Study Report The Contractor or its consultant, in consultation with the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall prepare a report which examines the feasibility of the Black Rock Canal Park Concept Plan - based on the information compiled as part of the site reconnaissnce and schematic designs, and shall include recommended actions for implementing the proposed improvements, including project phases, project partners, potential funding sources and funding plan, and an estimated timeline for implementation.. Products: Draft Feasibility Study. Report submitted to the Department for review and approval. Task 34: Public Meeting In consultation with the Department, a public information meeting shall. be conducted to present the Draft Feasibility Study Report and solicit public input on the schematic designs and assist in selecting a preferred alternative. A written summary of public input obtained at this meeting shall be prepared and provided to the Department for review and comment. Products: Public information meeting held. Minutes /Summary of meeting prepared and submitted to the Department, D -16 Task 31: Final Feasibility Study The Contractor or its consultant, in consultation with the Riverwalk Revitalization Steering Committee, the Riverwalk Revitalization Coordinator and the Department, shall prepare the final feasibility study report reflecting the public input and.the Department's comments. Products: Final feasibility study report submitted to the Department for review and approval. Water Access Sites Development Task 32. Project Scoping Meeting In consultation with the Department, the Contractor or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall hold a.project Scoping meeting with project partners as appropriate, to review project requirements and roles and responsibilities; identify new information needs andnext steps; and transfer any information to the Buffalo Niagara R1VERlCEEPER which would assist in completion of this project component. To avoid work duplication, all the.participants to this meeting shall acknowledge that the information contained in the Riverwalk Revitalization Action Plan will be used as a resource for this project. Topics to be discussed at the scoping meeting may include the following: ° project scope study area boundary ° project goals and objectives ° existing relevant information (maps, reports, etc.) responsibilities of the participants (especially the Riverwalk Revitalization Coordinator and the Buffalo Niagara RIVERKEEPER) time frames -and deadlines ° expected products A list of project responsibilities including a 24 -month work plan and management structure will be prepared during this Project Scoping Meeting. The Riverwalk Revitalization Coordinator shalt prepare and distribute a brief meeting summary to clearly indicate the agreements /understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Project Scoping Meeting with appropriate parties. A list of job responsibilities including a 24 -month work plan aid management structure prepared. Meeting summary, with note of agreements /understandings reached; and distributed to meeting participants. D-17 Task 33: Site Reconnaissance and Schematic Designs Site reconnaissance and schematic designs will be produced for each of the following sites: LaSalle Park • Former NYS Thruway Breckenridge Toll Plaza War of 1812 Naval Yard site a Rich Marina A. Site Reconnaissance The Contractor or the:Riverwalk Revitalization Coordinator and the Buffalo Niagara RIVERK.EEPER shall conduct site - specific reconnaissance, in preparation for design. Work shall include, at a minimum, identification and mapping of the following: • Site survey showing extent of project boundary ° Ownership /grant/lease status of all lands to be incorporated into the design Manmade structures, buildings, or facilities on or adjacent to the site • Above and below ground infrastructure • Transportation/circulation systems (truck, car, bus, ferry, train, pedestrian, bicycle, etc.) that serve or are located near the site • Adjacent.land and water uses Historic and archeological resources • Soil and, as appropriate, core sampling to determine site stability Topography and hydrology • Natural resources, including location of mature trees View corridors • Zoning and other applicable designations ° Analysis of site constraints, needs and opportunities Products: Map(s) and written summary describing the above information and any other appropriate information identified during project seeping. B. Alterative Schematic Designs The Contractor or the Riverivalk Revitalization Coordinator and the Buffalo Niagara RNERKEEkR shall prepare alternative schematic designs of the facility or facilities, considering and including a summary of the following; • Best management practices to be employed to avoid or reduce water quality impairments from upland runoff or in -Water activities, and Impacts, if any, to State designated Significant Coastal Fish and Wildlife Habitat areas, other Coastal Management Program special management areas, or other sensitive resources, and how those impacts should be avoided or mitigated. D-18 . Unless otherwise specified during project scoping, the Contractor or its consultant(s) shall prepare a minimum of three alternative schematic designs for review by the.project advisory committee and the Department, Products: Alternative schematic designs. Schematic design alternative selected. Task 34: Public Meeting _ In consultation with the Department, a public information meeting shall be conducted to solicit public input on the schematic designs to assist in selecting a preferred alternative. A written summary of public input obtained at this meeting shall be prepared and provided to the Department. During this meeting, the public input will be solicited. for the alternative schematic designs of each site; i.e., LaSalle Park, Thruway Toll Plaza, War of 1812 Naval Yard site, and Rich Maritsa, Products: Public information meeting held. Minutes /Summary of meeting prepared and submitted to the Department. Task 35: Construction Requirement Analysis Based on schematic designs for each site, the Contractor or the'Riverwalk Revitalization Coordinator and the Buffalo Niagara RIVERKEEPER shall prepare an analysis of all federal, state and local requirements _ including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre - permitting meeting with -the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Preparation of final designs will not be done under this agreement. Products: Written construction requirement analysis. Riverwalk ]Hleritaue Inte,roretation Plan Task 36: Project Sc ©ping Meeting In consultation with the Department, the Contractor or the Riverwalk Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, shall hold a project scoping meeting with project partners as appropriate, to review project requirements and roles and responsibilities, identify new information needs and next steps; and transfer any information to the Buffalo Niagara RIV ERKEEPER which would assist in completion of this project component. To avoid work duplication, all meeting participants shall acknowledge that the information contained in the Riverwalk Revitalization Action flan will be used as a resource for this project. D -19 The Riverwalk Revitalization Coordinator shall prepare and distribute a brief meeting summary clearly indicating the agreements /understandings reached at the meeting. Work on subsequent tasks shall not proceed prior. to Department approval of the proposed approach as outlined in the meeting summary. Products: Scoping meeting with appropriate parties. Written meeting summary outlining agreements /understandings reached. Task 37: Riverwalk Heritage Interpretation Flan The Contractor, or the Riverwalk.Revitalization Steering Committee and the Riverwalk Revitalization Coordinator, collaborating with appropriate heritage -based interest groups, shall prepare a Riverwalk Heritage Interpretation flan, including identification of the following elements: .historic, cultural, educational, scenic, recreational, and other resources of the Riverwalk corridor that constitute its heritage; local/regional plans for the area - and any other existing information - that the heritage planning process could build upon; heritage- related project proposals; and heritage partners and stakeholders - interested in building a foundation for future heritage- related activities along the Riverwalk. Products: Riverwalk Heritage Interpretation Plan submitted to the Department for review and approval. Task 38: Semi - annual Reporting The Contractor or its consultant(s) shall submit to the Department semi - annual reports (every six months) on the 'form provided, including a description of the work accomplished, any problems encountered, and any assistance needed. Products: Semi- annual reports during the life of the contract. Task 39: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s) shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms. D-20 6. Project Management Responsibilities The Contractor shall administer the grant, execute a contract with the Department, and ensure the completion of work in accordance with the approved Work flan. Unless otherwise specified, in the Project Description or under Project Components, the Contractor and/or its approved consultant(s) or subcontractor(s) shall conduct all work as described in the component tasks. The Contractor: ° will be responsible for conducting all project work in conformance with the Work Plan included in the executed'contract with the Department. will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and subconsultants. will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law, • will receive approval from the Department for any and all .consultant subcontracts before beginning project work. • will be responsible for submission of all products and payment requests. will be responsible for coordinating participation and soliciting comments from local government personnel, project volunteers, and the public. will keep the Department informed of all important meetings for the duration of this contract, will receive approval from the Department before purchase of any equipment. will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed, constructed, and/or produced reflect the Department logo, feature the Secretary of State and the Governor, and acknowledge the contributions of the Department to the project. • will ensure that all products prepared as a part of this agreement shall include the NYS Comptroller's Contract # as indicated on the Face Page of this Agreement. ° will ensure the project objectives are being achieved. will ensure that comments received from the Department and the project advisory committee, or other advisory group, are satisfactorily responded to and reflected in subsequent work. will recognize that payments made to consultants or subcontractors covering work carried out or. products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. will participate, if requested .by the Department, in a training session or sessions focused on developing and implementing revitalization strategies. The purpose of the training session(s) is to build knowledge and provide support to community leaders to advance revitalization efforts and complete priority projects. The Department: will review and approve or disapprove of subcontracts between the Contractor and consultant(s) and any other subcontractor(s). • will participate in initial project scoping and attend meetings that are important to the project. will review all draft and final products and provide - comments as necessary to meet the objectives, • must approve any and all design, site plan, and preconstruction documents before construction may begin. APPENDIX lF NOTICES 1. All notices permitted or required hereunder shall be in writing and shall be transmitted either: (a) via certified or registered United States mail, return receipt requested; (b) by facsimile transmission; (c) by personal delivery; . (d) by expedited delivery service; or (e) by e -mail. Such notices shall be addressed as follows or to such different addresses as the parties may from time -to -time designate: State of New York Department of State Name: Laurissa Parent Title: Secretary I Address: 99 Washington Avenue, Suite 1010 Albany, NY 12231 Telephone Number: 518- 486 -9540 Facsimile Number: 518- 473 -2464 B -Mail Address: laurissa.parcnt @dos.state.ny.us Ciry of Buffalo► Name: Byron W. Brown Title: Mayor Address: 65 Niagara Square 201 City Hall Buffalo, NY 14203 Telephone Number: 716- 851-4841 Facsimile Number: 716 - 851-4360 E -Mail Address: bbrown @city- buffalo.com 2. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of time date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. 3. The parties may, from time to tithe, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may designated in writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and /or for dispute. resolution. ELECTRONIC PAYMENTS Contractor shall provide complete and accurate billing invoices to the Agency in order to receive payment. Billing invoices submitted .to the Agency must contain all. infoTmation and supporting documentation required by the Contract, the Agency and the State Comptroller. Payment for invoices submitted -by the. Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State. Comptroller's procedures to authorize electronic payments. Authorization foams are available at the State Comptroller's website at www.osc.state.ny.us/e a /index,htm, by email ate unit . osc.state n .us, or by telephone at 5184744032. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not complywith. State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. .. � \ �9 APPENDIX X MODIFICATI€lNAGREEMENT FORM Agency Code: 29000 Contract No.: 0006805 Contract Period: Funding for Period: $323,550 This is an AGREEMENT between THE STATE OF NEW YORK by and through the New York State Department of State, having its principal office at 99 Washington Avenue, Albany, New York, 12231 (hereinafter referred to as the STATE), and City of Buffalo (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006805, as amended above and in attached Appendices) Terms and conditions of this amendment arc subject to continued availability of funds for this contract. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures, CONTRACTOR SIGNATURE LN (print name) (print name) Title: Title: Date: Date: Slalc A o¢c CoEtification: " °fn addition to the Acceptance of this conirAcl, 10130 certify that original copica of this signature page will he ati"hod to all other exact copies of this contract. - ACKNOWLEDGMENT State of New York ) County of On this day of in the year 20 , before me personally appeared to me known, who being by me duly sworn, did depose and say that he /she is the. of , the organization described in and which executed the above instrument; and that he /she has the authority to sign on behalf of said organization; and that he /she executed the foregoing agreement for and on behalf of said organization. Approved: Thomas P. DiNapoli State Comptroller By: NYS DEPARTMENT OF STATE NOTARY PUBLIC Date: City of Buffalo - Agreement #COO. 6805 Riverwalk Revitalization Phase I CONTRACT ADMINISTRATION UPDATE FORM Please update /specify information for up to (3) people to receive.contract related correspondence from DOS and indicate which person should be the primary correspondence recipient, The primary recipient must bean. employee of the City of Buffalo and will receive originai DOS correspondence, with attachments. The other individuals listed will receive copies ofDOS transmittal letters, without attachments. NOTE. The MayorJSupervisor must be listed on this form, but does not need to be the primary correspondence recipient, o No updates necessary r3 Please snake the following updates: ` Honorable Syron W. Brown 11 Primary recipient of correspondence from DOS Pitons Number: Mayor El Copy this person on correspondence from DOS City of Buffalo 716 - 851 -4841 65 Niagara Square Name: Title: Amendments? Payments? El 101 City Hail Buffalo, NY 14243 Name: Title: Amendments? Payments? Email Address: Fax Number- bbrown@city-buff.glo.com 716 -851 -4360 Please list up to (3) individuals who are authorized to execute amendments and /or sign payment requests for this project: 0 Primary recipient of correspondence from DOS 13 Copy this person on correspondence from DOS Phone Number: .Email Address: Fax Number: Please list up to (3) individuals who are authorized to execute amendments and /or sign payment requests for this project: © Primary recipient of correspondence from DOS * Copy this person on correspondence from DOS Phone Number: Email Address: Fax Number: Please list up to (3) individuals who are authorized to execute amendments and /or sign payment requests for this project: Authorized for: Name:. Title: Amendments? Payments? Name: Title: Amendments? Payments? El Name: Title: Amendments? Payments? Signature of the Mayor /Supervisor: a Date: t r'� Mr. Fontana moved: That the communication from the Office of Strategic Planning, dated September 14, 2011, be received and fled; and That the Common Council hereby: 1. Ratifies and confirms the prior application materials submitted to obtain the above - referenced grant funding commitments; 2. Authorizes the Mayor to execute the necessary grant funding agreements (in substantially the form attached to the above item) and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; 3. .While expressly recognizing the Common Council's right and past practice of requiring all agreements flowing from its approval of the above agreement with the Department of State and Environmental Protection Fund, the Council, in this limited instance, further authorizes other City personnel to tale all other steps and to enter into and execute such agreements and such further related project documentation and arrangements, including but not limited to, an agreement or agreements between the City of Buffalo and Buffalo Niagara Riverkeeper, under which the City would provide grant money as appropriate. Passed 51 TAB:rmv TA%vp60\mswordlcmvl3 c9- I9a.doc 4\ *AYE*NO* maj 5 W- 6 3/4- 7, FGNTANA FRANCZYK GOLOMMEK KEARW LOCURTO PRIODGEN RfVERA RUSSELL s maj 5 W- 6 3/4- 7, 0000 � #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 1.3, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 104 Baynes, 25'S Auburn Lot Size: 25'x 120', wap 25'x 13' in SW Corner Assessed Valuation: $3,600.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Eugene C. Cassaro and Mrs. Donna E. Cassaro, 387 Auburn Avenue, Buffalo, New York 14213 to purchase 104 Baynes Street. Mr. and Mrs. Cassaro own and reside at 387 Auburn Avenue which is adjacent and Intend to use 104 Baynes for green space. 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 purchasers. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from One Dollar ($1.00) to One Dollar and Fifty Cents ($1.50), per square foot. Mr. and Mrs. Cassaro have agreed and are prepared to pay Three Thousand Seven Hundred Dollars ($3,700.00), One Dollar and Twenty Five Cents ($1.25) per square foot. They have also agreed to pay for the cost of the transfer tax and recording fees. I arm recommending that Your Honorable Body approve the sale of 104 Baynes to Mr. and Mrs. Eugene Cassaro in the amount of Three Thousand Seven Hundred Dollars ($3,700.00). 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 Repsale t Mayneslre JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING 1 4 Mr. Fontana moved: That the communication from the Office of Strategic Planning's Director of Real Estate, dated September 13, 2011, be received and fled.; and That the offer from Mr. Eugene C. and Mrs. Donna E. Cassaro of 387 Auburn Avenue, Buffalo, NY 14203 for the purchase of 104 Baynes to be used as additional green space for .$3,700.00 is hereby approved, provided that the purchaser also pays for the cost of the transfer tax and recording fees. That the Office of Strategic Planning is directed to prepare the necessary documents for the transfer of title and that the Mayor is authorized to execute the same. Passed H TA]3,n v TAwp60 juswordVmv14c9- 19a.doc maj - 5 28 - 6 3/4- 7. AVE NO FONTANA FRANCZYK * GOLD E. * KEARNS LOCURTO PRIDGEN RIVERA RUSSELL SAUM 2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 12, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale Northerly Portion of 260 Herman, 308'S Genesee Lot Size: 12 Y2 '132' Assessed Valuation: $700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Lavern Horton, 258 Herman, Buffalo, New York 14211 to purchase the northerly portion of 260 Herman, 12 Y:z' x 132'. Mrs. Horton owns and resides at 258 Herman, which is adjacent to 260 Herman. She intends to use the northerly portion of 260 Herman for green space. The sale of the northerly portion of 26 0 rescinded per Item # 8, C.C.P. July 26, 2011 close on the transfer of title. Since then, Mrs. northerly portion. Herman, 12' /a' x 132' was recently due to Mr. and Mrs. Holme's failure to Horton has requested to purchase this 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. Mr. Richard Bronstein, real estate appraiser, of R. W. Bronstein Corporation estimated the Fair Market Value to be One Thousand One Hundred Dollars ($1,'100,00), $33 per square foot. One half of the parcel would be Five Hundred Fifty Dollars ($650.00). The Division of Real Estate concurs with the appraisers' estimate of value. Mrs. Lavern Horton has agreed and is prepared to pay Five Hundred Fifty Dollars ($660.00), Thirty Three Cents ($,33) per square foot for the northerly portion of 260 Herman. She has also agreed to pay for the cost of the transfer tax and recording fees. r1 Page 2 Report of Sale ® Northerly portion of 200 Herman I am recommending that Your Honorable Body approve the sale of the northerly portion of 250 Herman to Mrs. Lavern Horton in the amount of Five Hundred Fifty Dollars ($550.00). 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: JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE. TRAT GIGP.UAN ING SIGNATURE OF DEPARTMENT HEAD: JPH :ck Repsale260hermannortherlyportion /re i Mr. Fontana moved: That the communication from the Office of Strategic Planning's Director of Real Estate, dated September 12, 2011, be received and filed; and . That the offer from Mrs. Lavern Dorton of 258 Herman Street, Buffalo, NY 14211 for the purchase of the northerly portion of 260 Herman, 12 and %2' by 132' to be used as additional green space for $550.00 is hereby approved, provided that the purchaser also pays for the cost of the transfer tax and recording fees. That the Office of Strategic Planning is directed to prepare the necessary documents for the transfer of title and that the Mayor is authorized to execute the same. Passed e5m TAB:rmv TAwp60lmswordVmr; N5c9 -! 9a.doc * AYE * NO * FONTANA * aj - 213- 6 .� 3/4- 7. 0 a - i l #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 12, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 65 Oakmont, 125.94' W Suffolk Lot Size: 42'x 125' Assessed Valuation: Land $5,100.00 Total $57,200.00 (University District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Henry Schweickert, 88 Hazelwood Avenue, Buffalo, New York 14215 to purchase 65 Oakmont Street, Mr. Schweickert intends to renovate and bring the property into code compliance and use as a place of residence. The estimated cost of renovations is Four Thousand Five Hundred Seventy Dollars ($4,570.00). Mr. Schweickert has provided plans to rehabilitate the house and proof of financial ability to complete the purchase and the repairs. The property consists of 1,840 square feet, two family frame house in poor condition situated on a lot 42' x 125'. The property was acquired by the City through In Rem #41, October 2007. There have been no other serious offers for the property, since being acquired by the City. 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 Four Dollars and Fifty Cents ($4.50) to Nine Dollars and Fifty Two Cents ($9.52), per square foot of living area. Mr. Schweickert has agreed and is prepared to pay Eight Thousand Five Hundred Dollars ($8,500.00), Four Dollars and Sixty Cents ($4.60) per square foot of living area for the subject property. He 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 65 Oakmont to Mr. Henry Schweickert in the amount of Eight Thousand Five Hundred Dollars ($8,500.00). 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: JPH:ck Repsafehouse65oakmon#Ire JOHN P. HANNON, JR. ®IRECTO OF REAL ESTATE OFFjPE OF TRAT GI, �LAOING Mr. Fontana moved: That the communication from the Office of Strategic Planning's Director of Real Estate, dated September 12, 2011, be received and filed; and That the offer from Mr; Henry Schweickert of 88 Hazelwood Avenue, Buffalo, NY 14215 for the purchase of 65 Oakmont Street, to be renovated and used as a place of residence for $8,500.00 is hereby approved, provided that the purchaser also pays for the cost of the transfer tax and recording fees. That the Office of Strategic Planning is directed to prepare the necessary documents for the transfer of title and that the Mayor is authorized to execute the same. Passed _6.. TAB:ry TAwp60\mswordlm v\6c9- 19a.doc �s AYE NO FONT ANA GO KEARN LOCURTO PRED RMRA RUS * � � 0 0 ._ 4 n� #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 13, 2611 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 247 Orange, 360'N High Lot Size: 25'x 1.00' Assessed Valuation: $1,400.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from FCA Development LLC, Mrs. Dewette Aughtry, 63 Washington Street, PI 3, East Orange, New Jersey 07017 to purchase 247 Orange Street. FCA Development LLC owns a two family house at 245 Orange and several properties in the immediate area. She intends to use 2 47 Orange for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Fifty Cents ($.50) to Sixty Five Cents ($.65), per square foot. Mrs. Aughtry on behalf of FCA Development LLC has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.00), Sixty Five Cents ($.65) per square foot. They have 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 247 Orange to FCA Development LLC in the amount of One Thousand Six Hundred Dollars ($1,600.00). 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 OFFICE OF STRATEGIC PLANNING f SIGNATURE OF DEPARTMENT HEAD: JPH :ck J Repsafe247orange /re Mr. Fontana moved: That the communication from the Office of Strategic Planning's Director of Real Estate, dated September .13, 2011, be received and filed; and That the offer from FCA Development LLC, Mrs. Dewette Aughty of 63 Washington Street, Floor 3, East Orange, New Jersey 07017 for the purchase of 247 Orange Street for $1,600.00 to be used for green space is hereby approved, provided that the purchaser also pays for the cost of the transfer tax and recording fees. That the Office of Strategic Planning is directed to prepare the necessary documents for the transfer of title and that the .Mayor is authorized to execute the same. Passed WA TAB:rmv T:1wp601mswordVmv17c9- I9a.doe . �� 0000 "It #2 (Rev. 1/93) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 13, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 341 Wyoming, 446.93'N Delavan Lot Size: 40'x 130' Assessed Valuation. Land $4,100.00 Total $27,200.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Andre Jackson, 25 Preston Road, Cheektowaga, New York 14215 to purchase 341 Wyoming Avenue. Mr. Jackson intends to renovate and bring the property into code compliance and use as an income property. The estimated cost of renovations is Thirteen Thousand Eight Hundred Fifty Dollars ($13,850.00). Mr. Jackson has provided plans to rehabilitate the house and proof of financial ability to complete the purchase and the repairs. The property consists of 1,629 square feet, two family frame house in poor condition situated on a lot 40' x 130'. The property was acquired by the City through In Rem #41, October 2007. There have been no other serious offers for the property, since being acquired by the City. 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 Four Dollars and Fifty Cents ($4.50) to Thirty Dollars ($30.00), per square foot of living area. Mr. Jackson has agreed and is prepared to pay Seven Thousand Five Hundred Dollars ($7,500.00), Four Dollars and Sixty Cents ($4.50) per square foot of living area for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. Mr. Keith Barnes of Barnes Real Estate Group, 29 Frankfort Avenge, Buffalo, New York 14211 initiated the sale to Mr. Jackson and will be paid a commission of Seven Hundred Fifty Dollars ($750.00). P 1 Page 2 Report of Sale 341 Wyoming I am recommending that Your Honorable. Body approve the sale of 341 Wyoming Avenue to Mr. Andre Jackson in the amount of Seven Thousand Five Hundred Dollars ($7,5000 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 TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck RepsalehouseW wyominglre JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING FROM THE PRESIDENT OF THE COUNCIL September 20, 2011 00009 -.a; I E FILLMORE DISTRICT COUNCIL ME 13ER 15 September 2011 Buffalo City Clerk Gerald Chwalinski 1308 City Hall Buffalo NY 14202 65 NIAGARA SQUARE , 1315 CITY HALL BUFFALO, NY 14202 -3318 (716)851. -4138 FAX: (716) 851 -4869 E_mz il: df Tanczykocity- buffa.loxom City of Buffalo Website: ww w.city -b uffalo.co€n Re: Postal Service Considering Closure of Buffalo Mailing Facility - Buffato News Article Dear Mr. Chwalinski: Please file the attached article regarding the U.S. Postal Service announcement that it is considering closing the Buffalo mail processing facility on William Street for discussion at the next meeting of the Common Council to be held on September 20, 2011. Your assistance is greatly appreciated. Sincerely, 4 6 avid A.Franczyk Council President Enclosure Postal Service considering closure of Buffalo mail processing facility m City .of Buffalo The Buffalo News Postal considering of 0 Buffalo mail By Jerry Zremski Published: September 15, PM Updated: September 15, 2011, 12:43 PM WASHINGTON ---w The U.S. Postal Service announced today it is considering closing its Buffalo mail processing Facility on William Street, a move that could endanger upwards of 700 jobs. The Buffalo operation is one of 252 nationwide that the Postal Service may close as it grapples with billion - dollar losses stemming from the decline in snail use in the Internet age. The proposed consolidation plan would save the Postal Service $3 billion while resulting in the elimination of upwards of 35,000 jobs nationwide. The Postal Service will conduct a study of each facility and decide in about three months exactly which mail processing centers to close, officials said. But the preliminary plan would close the William Street facility while keeping the Rochester mail processing center open. That's because of the Rochester facility's more central location, said Postmaster General Patrick R. Donahoe. ittp : / /www.buffalonews.com/city/ communities /buffalo /article557590.ece 9/15/2011 The Buffalo operation on Williams Street is one ©f 252 nationwide the Postal Service may close as it grapples with billion - dollar losses stemming from the decline in mail use in the Internet age. Harry Scull Jr. / Nevus file. photo Postal Service considering closure of Buffalo mail processing facility a City of Buffalo e The Buffalo News "A lot of tines what you're looking at is reach," Donahoe said. "And if you think about the F geography around Buffalo versus Rochester, you get better reach out of Rochester." l Donahoe stressed that the proposed closure of the Buffalo facility had nothing to do with the its quality or the quality of its employees. "Employees of both Rochester and Buffalo, they do a great job," he said. The Postal Service will also consider each facility's'capacity, project volume and costs as it makes its decisions on which facilities to close, said Megan J. Brennan, the Postal Service's chief operating officer and executive vice president. Officials at the William Street facility had no further details about the proposed closing "We really don't know," said Karen Mazurkiewicz, the Postal Service's Buffalo -area spokesperson. "We don't know if it would be an entire layoff or a partial layoff or an unfeasible option." The Postal Service will hold public meetings in each of the communities that is host to one of the facilities that may close, Brennan said. "The local community and the mailers in the Buffalo area will have the opportunity to provide comment and feedback to us," Brennan said., The Postal Service is also proposing closing mail processing centers in Amsterdam, Binghamton, Glens Falls, Newburgh and Plattsburgh, along with a facility in Rockland County, two in New York City and three on Long Island. It's all part of a broader plan to cut costs by $2o billion. Under that plan, the standard delivery time for First Class Mail would increase from one -to -three days to two-to-three days, and Saturday mail delivery would be ended. The Postal Service is also seeking broad concessions from its unionized employees. Given that the Postal Service lost $8.5 billion last year and is projected to lose even more this year, such moves are necessary, Postal Service officials said. The volume of mail has been shrinking for years, thanks in part to the fact that bo percent of Americans now pay their bills online, up from 5 percent in 2000, Donahoe said. "We are forced to face a new reality today," Donahoe added. Lzremski@butEnews.com REFERRED TO THE COMM117EE . ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION September 20, 2011 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: September 14, 2011 FROM: DEPARTMENT: Assessment & Taxation DIVISION: SUBJECT: [: [: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: TYPE SINGLE SPACE BELOW Tax Cancellation 2011 -12 Adjustments on the General City Tax for 201112 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions, assessment errors and changes in assessments due to Small Claims and Certiorari proceedings. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $288,741.79. TYPE DEPARTMENT HEAD NAME: Martin F. Kennedy TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: }3 I O� CITY TO PAY SMALL CLAIMS CITY TO PAY CERTIORARI CITY TO PAY 520'S CITY TO PAY $ 168,966.11 $ 1,059.10 $ 117,780.14 $ 936.44 GRAND TOTAL $ 288,741.79 2011-2012 Correction of Errors City to Pay r I t:pd I t U Uy UUVCI I Lit ICI I L VI iAbbtC'bbl I IC' I I L 112ACIL I U I I 101 City Hall Page 1 of 6 Buffato NY 14202 . ....... .. . .. . ........... 9 NH 89.23-3-18 1046 AMHER STST 05785900 $148.34 $148.34 $296.68 Co-op exemptions not entered by March 1st. Still waiting for income list from NYS ORPTS 12 H 101.49-2-40 19 ANTWERP 08897100 $172.32 $172.32 $344,64 Demolition completed July 2, 2010. Assessment change not done. ORPTS determined owners were over income 6 H 89.70-4-9 14 ARGYLE 03757500 $180.40 $180.40 $360.80 and exemption was removed. Owners submitted evidence for STAR eligibility 2-18 - 2011 11 H 101,65-2-1 187 BRINKMAN 08921800 $207.33 $207.33 $414.66 Building demolished in 2010 per permit #151863 8 NH 111.55.-1-15 90 BROADWAY 01607060 $7,961.90 $7,961.90 $16,923.80 PROPERTY WAS 520"D BUT 2010-2011 WAS PAID UNDER pilot AGREEMENT AlO 6 NH 100.47-1-14 83 BRYANT 03782900 $636-11 $636.11 $1,272.22 Co-op exemptions not entered by March 1st. Still waiting for income list from NYS ORPTS 14 H 133.75-2-36 106 CARLYLE 11378600 $180.42 $180.42 $360.84 Name appeared on ORPTS ;ist as deceased. . Basic STAR removed in error Building was demolished prior to taxable 10 H 90,74-3-28.1 124 COURTLAND 07725550 $234.87 $234.87 $469.74 status date. (Dec. 1, 2008) and was 520'd with improvement included. Property is part of a PILOT agreement but was 3 NH 100.70-6-3 610 DELAWARE 01418800 $5,933.95 $5,933.95 $11,867.90 not coded with ECIDA exemption. Also property is being moved to Roll Section 8 6 NH 100,47-1-15 925 DELAWARE 03813000 $954.17 $954.17 $1,908.34 Co-op exemptions not entered by March 1st. Still waiting for incorne list from NYS ORPTS r I t:pd I t U Uy UUVCI I Lit ICI I L VI iAbbtC'bbl I IC' I I L 112ACIL I U I I 101 City Hall Page 1 of 6 Buffato NY 14202 . ....... .. . .. . ........... 2011 -2012 Correction Of Errors City to Pay 1 10 H 90.53 -3 -6 81 DREXEL 07016700 $133.73 $133.73 $267.46 Form was comp €eted for senior exemption. Application never inputted. Assessor failed to turn in total assessed value 1 14 H 133.35 -3.-14 65 DDERSTE @Id 10905400 $107.70 $107.70 $215.40 change for 2011 year as a result of 2010 SCAR settlement 1 1 NH 1111.63-1-1.23211 EAGLE EAST 00109320 $2,000.13 $2,000.13 $4,000.26 Assessed value was increased in 2001 and the exemption was never adjusted. 1 6 NH 100.30 -3 -20 737 FERRY WEST 03844500 $773.54 $773.54 $1,547.08 by by March 1st. exemptions me Nst fro FI`fS ORPTS Stilt ikl w waiting for income list fro 1 7 H 88.51 -3-42 631 GRANT 04505500 $52.96 $52.96 $105.92 Improvement was demolished pram to taxable 211/ status date of 1211!2010 ORPTS determined owners were over income 1 9 H 89.32 -4 -10 78 GREENFIELD 05940400 $180.40 $180.40 $360.80 a and exemption was r Owners STAR elili gibility 4 -6- submitted evidence for STA 2011 Improvement was demolished prior to taxable 1 11 H 101.40 -3-42 33 KILHOFFER 08678600 $1.80 $1.80 $3.60 status date of 121112010. Assessment not reduced ORPTS determined owners were over the 1 10 H 79.47 -2 -20 9 LARCliMONT 07200400 $180.40 $180.40 $35030 income and exemption was removed. Owners submitted evidence of eliligibikity for the STAR savings on 2- 18-2011 1 3 F8 89.27 -2 -11 32 LINDEN AVE 06447700 $177.84 $177.84 $355.68 Basic STAR on tax roll but owner applied for Enhanced STAR I 1 6 H 140.47 -2 -16 287 LIIVWOOD AVE 03918400 $180.41 $180.41 $360.82 Report from ORPTS showed they were over income. Submitted proof that they are eligible. Prepared by Department of Assessment I axatlon 101 City Hatt Page 2 of 6 Buffato NY 14202 ... ......... ......... 2011 -2012 Correction of Errors City to Pay 1 10 t9 9fl.38 -3 -30 105 MARIGOL13 107283600 l $20.63 $20.63 $41.28 Building was demolished November 18, 2009 prior to taxable status date. 1 9 H 89.30 -2 -31 265 MIDDLESEX 06062400 $180.41 $180.41 $360.82 Basic STAR was removed in error. Revised list from ORPTS had them as income ineligible Dame appeared on ORPTS ;ist as deceased. 1 14 H 133.65 -1 -6 56 MORGAIN 11722000 $327.92 $327.92 $655.84 Basic STAR and ve'terens exemption removed in error 1 9 H 78.83 -3 -11 88 MORRIS AVE 06525300 $180.40 $180.40 $360.80 Basic STAR was removed in error. Revised list from ORPTS had them as income ineligible 1 9 H 89.28-1 -1 123 MORRIS AVE 06527400 $180.41 $180.41 $360.82 Basic STAR was removed in error. Revised list from ORPTS had them as income ineligible 1 10 H 90.22 -3 -30 145 MORRIS EAST 07046900 $45.70 $4570 $91.40 Combat veteran exemption omitted in error 1 9 H 78.73 -5 -33 1 NORTH PARK 06538100 $448.77 $448.77 $897.54 Rollover was used as income in error Tax return included distribution transfer 1 14 H 133.71 -2 -18 289 OKELL 11743500 $306.39 $306.39 $612.78 amount which was calculated as income. Letter was sent by accointant verifying funds were transferred and not withdrawn, Assessor failed to turn in total assessed value 1 14 H 123.67 -2 -9 31 POLISH PL 11107100 $90.87 $90.87 $181.74 change for 2011 year as a result of 2010 SCAR settlement Assessor failed to turn in total assessed value 1 14 H 133.58 -4 -3 203 POTTERS 11766800 $215.41 $215.41 $430.82 change for 2011 year as a result of 2010 SCAR settlement Prepared by Department of Assessment Taxation 101 City Halt Page 3 of 6 Buffalo NY 14202 201 1 -2012 Correction of Errors City to Pay 1 8 H 100.34 -3 -3 172 REB3ECCA 05684748 $169.64 $169.64 $339.28 '1sability exemption given in error instead of PARK senior exemption 1 10 H 90.38 -2 -26.1 91 RICHLAWN 07405750 $294.84 $294.84 $589.68 RPTL 520 paperwork did not include exemption info. Erroneously billed 1 10 H 90.38 -2 -27.1 97 RiCHLAWN 07405865 $159.47 $159.47 $318.94 Property is part of a PILOT agreement but was 1 1 NH 111.71 -5 -28 279 SENECA 00091050 $98.11 $98.11 $196.22 not coded with ECMA exemption. Also property is being moved to Roll Section 8 Assessor failed to turn in total assessed value 1 14 H 123.59 -3 -2 131 SEWARD 11187500 $64.62 $64.62 $129.24 change for 2011 year as a result of 2010 SCAR settlement SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -60 -20 2 12000100 $75.46 $75.46 $150.92 after 2011 final roll was generated; value not FRANCHISE generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -11 -1 10 12000600 $21,778.50 $21,778.50 $43,557.00 after 2011 final roll was generated; value not FRANCHISE generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -65 -1 15 12000900 $7,077.47 $7,077.47 $14,154.94 after 2011 final roll was generated; value not FRANCHISE generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 55.5.00 -12 -1 20 12001200 $28,927.21 $28,927.21 $57,854.42 after 2011 final roil was generated; value not FRANCHISE generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -12 -3 32 12001220 $207.02 $207.02 $414.04 after 2011 final roll was generated; value not FRANCHISE generalized for billing Page 4 of 6 Prepared by Department of Assessment Taxation 101 City Flan Buffalo NY 14202 2011 -2012 Correction of Errors City to Pay Page 5 of 6 . .... Prepared by Department of Assessment Taxation 101 City Hail Buffalo ICY 14202 SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -1.2 -4 34 FRANCHISE 12001230 $256.58 $256.58 $513.15 after 2011 final roll was generated; value not generalized for billing SPECIAL Final. equalization rate reeceived from NYS 5 89 NH 555.00 -12 -6 38 12001250 $42.47 $42.47 $84.94 after 2011 final roll was generated; value not FRANCHISE generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -12 -7 39 FRANCHISE 12001255 $108.31 $108.31 $216.62 after 2011 final roll was generated; value not generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555:00 -1 40 FRANCHISE 12002500 $180.97 $180.97 $361:94 after 2011 final roll was generated; value not generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -91 -2 50 12003000 $0.46 $0.46 $0.92 after 2011 final roll was generated; value not FRANCHISE generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -91 -3 60 12003050 $17.31 $17.31 $34.62 after 2011 final roll was generated; value not FRANCHISE generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -91-4 70 12003060 $235.54 $235.54 $471.08 after 2011 final roll was generated; value not FRANCHISE generalized for billing SPECIAL. Final equalization rate reeceived from NYS 5 89 NH 555.00 -91 -5 80 12003070 $8.88 $8.88 $17.76 after 2011 final roll was generated; value not FRANCHISE generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555.00 -9 -9 93 12003084 $5.30 $5.30 $10.60 after 2011 final roll was generated; value not FRANCHISE generalized for billing SPECIAL Final equalization rate reeceived from NYS 5 89 NH 555M -91 -10 94 12003085 $37.16 $37.16 $74.32 after 2011 final roil was generated; value not FRANCHISE generalized for billing Page 5 of 6 . .... Prepared by Department of Assessment Taxation 101 City Hail Buffalo ICY 14202 201 1 -2012 Correction Of Errors City to Pay Page 6 of 6 Prepared by Department of Assessment Taxation 101 City Hatt Buffalo NY 14202 SPECIAL. Final equalization rate reeceived from 9NYS 5 89 NH 555.00 -91 -12 96 FRANCHISE 12003087 $10.78 $10.78 $21.55 after 2011 final roll was generated; value not generalized for billing SPECIAL. Final equalization rate reeceived from NYS 5 89 NH 555.00 -91 -13 97 FRANCHISE 12003089 $854.72 $854.72 $1,709.44 after 2011 final roll was generated; value not generalized for billing SPECIAL Final equalization rate reeceived from iNYS 5 89 NH 555.00 -91 -14 98 FRANCHISE 12003088 $17.88 $17.88 $35.76 after 2011 final roll was generated; value not generalized for billing SPECIAL. Final equalization rate reeceived from €NYS 5 89 NH 555.00 -91 -15 99 FRANCHISE 12003093 $2.40 $2.40 $0.00 after 2011 final roll was generated; value not genera €ized for billing ORPTS determined owners were over income 1 9 H 78.75 -4 -19 261 WOODBRIDGE 06859000 $180.40 $180.40 $360.80 and exemption was removed. Owners submitted evidence for STAR eligibility 2-18 - 2011 1 9 H 78.74 -4 -29 425 WOODBRIDGE 06861600 $180.41 $180.41 $360.82 ORPTS listed as over income. They qualify for the STAR 1 10 H 90.63 -6 -29 449 WYOMING 08390900 $169.64 $169.64 $339.28 Basic STAR on tax roll but owner applied for Enhanced STAR 1 2 NH 99.84 -3 -23 270 HUDSON 01059500 $666.49 $666.49 $1,332.98 Over income per ORPTS. Proved income, reinstate Star e erroneously appeared on ORPTS 1 3 H 111.56 -2 -18 150 BENNETT ST 111705000 $0.00 $523.56 $523.56 sed taxpayer list. Exemptions were Fi d in error. (2lND HALF adjusted so 1st -- ........................ lf does not have to be refunded) Page 6 of 6 Prepared by Department of Assessment Taxation 101 City Hatt Buffalo NY 14202 SMALL CLAIMS ASSESSMENT REDUCTIONS CITY TO PAY 9 44 NEW AMSTERDAM 06077300 $ 80.78 $ 80.78 ASSESSMENT REDUCED FROM 4275,000 TO $266,000 3 122 PARK 01615300 $ 448.77 $ 448.77 ASSESSMENT REDUCED FROM $200,000 TO $150,000 $ 529.55 $ 529.55 Prepared by Department of Assessment and Taxation Page 1 of 101 City Hatt Buffato NY 14202 CERTIORARI COURT ORDERED ASSESSMENT REDUCTIONS CITY TO PAY 3 234 DELAWARE 01414850 $ 1,066.53 $ 1,066,53 ASSESSMENT REDUCED FROM $1,177,400 TO $1,110,000 8 2 SAYRE 05661810 $ 8,769.58 $ 8,769.58 ASSESSMENT REDUCED FROM $980,000 TO $425,800 8 382 MILITARY 05661830 $ 49,053.96 $ 49,053.96 ASSESSMENT REDUCTED FROM $9,100,000 TO $6,000,000 $ 58,89.0.07 $ 58,890:07 Page 1 of I Prepared by Department of Assessment Taxation 101 City Hall Buffalo ICY 14202 2011/12 9025 RPTL SECTION 520 ADJUSTMENTS (TAX AND SEWER) :ENTITLED TO BASIC STAR E 5 $ 154.48 3 BE 03127000 359,91 359 91 $ ' $ 154,48 :EXEMPTION FOR 2011112 . ... ... ... ... ... $ . .. .. ..... .. ... .... . .... ..... i . .... . . 11.1 . ..... I ...... 124 SATTLER 1 09202600 BENZINGER 09756000 $ 259.13 $ 259,13: $ 162.72: $ 162.72 124 PIERCE ST 11105200 598.43'� 598.43 $ 151,02 $ 151.02 ..... . ... . . . ........ .. . .... . $ 468.22 $ 468.22 Prepared by Department of Assessment and Taxation 101 City Hall Page 1 of I Buffalo NY 14202 .. .... .. ..... .... ........ ... ........... . .............. Mr. Fontana moved: That the communication from the Commissioner of Assessment and Taxation, dated September 14, 2011, be received and filed; and That the adjustments on the General City Tax for 2011.12 that were made on the properties attached to the above Communication, to provide for changes due to omitted or incorrect exemptions, assessment errors and changes in assessments due to Small Claims and Certiorari proceedings are accepted and ratified, and That a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $288,741.79. Passed in T: \kvp60\ins�A'o €d\rmv19r,9- 19a.doc A * NO FOB *, x FRANCZYK LO L+ ]KEARNS LO CURTO PRIDGEN RMERA x` RUSSELL 9mrm j 6 5 213 -b 314- 7 FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS September 20, 2011 01 POSITION ALLOCATION MAINTENANCE FORk - Title ��. O eratioas Communieatiot�s Coordinator Department/Division 11�TS 1� Start Date q/ 3EP 6 osgs? Original PR No. 2008-12 Title Code loo. Salary 39025 -45267 Budget Function No. 100871001 E Reason for appointment (check one) ® Status Change ❑ Reinstatement ® Replacement ® Extension Type of Status Change (check one) TIpe of`APRO tment ® Permanent El Contingent Permanent ® Provisional ® Temporary ® Seasonal Comments Exam results Em lr� ee .�nfprmation: ® From Temporary to Provisional ® From Temporary to Permanent From Provisional to Permanent From Contingent Permanent to Permanent ® Other Classification ® Exempt ® Competitive Non-Competitive REFERRED TOTHE. COMMITTEE ON CIVIL, SERV 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 Name ason Amos SS# I Address 560 E ert Rd. DO Ci Buffalo State Zi FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS September 20, 2011 H2 (Rev. 1193) TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION SINGLE .PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: September 12, 2011 Public Works, Parks and Streets Engineering SUBJECT: [: Seneca Street Bridge [: Emergency Repair Contract f: Change Order PRIOR COUNCIL REFERENCE. (IF ANY) Ex. (Item No. xxx, C.C.P, xx/xx/xx [: Item No. 21, C.C.P. 04/05/11 j: Item No. 11, C.C.P. 05/31/11 This is to advise your Honorable Body that the bridge joint repairs to the Seneca Street Bridge have been complete. Due to additional concrete work, the unit quantity for the concrete removal and replacement items was increased and thereby increased the contract amount. Please be advised of the following. Union Concrete & Construction Corp. Original Contact Bid: $39,800.00 Change Order #1: 7 499.60 New Contact Amount: $47,299.60 My Department has reviewed this change order with our engineering consultant and feel it is fair and equitable. I hereby am requesting that your Honorable Body allow this change order and the cost thereof to be charged to Capital Project Accounts 31310606, 32310106, an account(s) to be named at a later date. PJM:SJS:DJP:DAB TYPE DEPARTMENT DEAD NAME: TYPE TITLE: Peter J. Merlo, P.E. City Engineer Department of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: 1 Mr. Fontana moved: That the communication from the Commissioner of Public Works, Parks and Streets, dated September 12, 2011, be received and fled; and That the Commissioner is authorized to enter into Change Order Number 1 in the amount of $7,999.60 with Union Concrete and Construction Corp. for the Seneca Street Bridge Emergency Repair Contract, which was originally for $39,800.00. That the total contract amount shall be adjusted to $47,299.60 with the cost thereof to be charged to Capital Project Accounts 31310606, 32310106 and accounts to be named at a later date. Passed _11_ TAB:rmv TAwp501answordVmvtl l c9- I9a.doc , ( ' t y ap 6 5 2 �e ® 6 3 4 7. x 01. Q3 92 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO; THE COMMON COUNCIL DATE: September 13, 2011 PROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: t; Delaware Park Lake Pump Rehabilitation j: and Shoreline Improvement Project PRIOR COUNCIL REFERENCE: (IF ANY) Ex, ( Item No. xxx, C.C:P. xx/xx/xx [: Item No. 17, C.C.P. 9121110 Article 14 of the New York State Environmental Conservation Law established the Ocean and Great Lakes Conservation.Act for the development of ecosystem -based management for New York's coastal resources. The Ocean and Great Lakes Conservation Act establishes the New York Ocean and Great Lakes Conservation Council. The 200812009 Environmental Protection Fund includes appropriations for funding for Ocean and Great Lakes ecosystem conservation projects that are consistent with the Ocean and Great Lake Conservation Act. The Ocean and Great Lakes Conservation Council adopted a plan for the 2008 / 2009 Environmental Protection Fund which specifically calls for a water duality improvement demonstration project in the Niagara River Watershed. The Ocean and Great Lakes Conservation Council has determined that Hoyt Lake, located within and owned by the City of Buffalo, presents the most critical water quality impairment needs to be addressed with the funds allocated for the Niagara River Watershed Demonstration Project. The Department of Public Works, Parks and Streets is hereby requesting your Honorable Body's Pennission.to authorized the Mayor of the City of Buffalo to enter into the attached Contract (C008063) and any future amendments for this project and in addition accept project funding from the New York State Department of Environmental Conservation for this work. PJM:SJS.DJP CC: Andrew Rabb Attachment TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer Department of Public Works, Parks & Streets NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SERVICE CONTRACT i� CONTRACT 0008063 THIS CONTRACT entered into between the Nevv York State Department of Environmental Conservation (hereinafter referred to as the Department); having offices at 625 Broadway, Albany, New York 12233 and the City of Buffalo (hereinafter referred to as the City), with offices at 65 Niagara Square, Buffalo, New York 14202. WITNESSETH: WHEREAS, the Article 14 of the New York State Enviromueatal Conservation Law established the Ocean and Great Lakes Conservation Act, for the development of ecosystem -based management for New York State's coastal resources; and WHEREAS, the Oceans and Great Lakes Conservation Act establishes the New York Ocean and Great Lakes Conservation Council (EC Council); and WHEREAS, the 2008/2009 Environmental Protection Fund (EPF) appropriation includes funding for Oceans and Great Lakes ecosystem conservation projects that are.consistent with the Ocean and Great Lakes Conservation Act, and WHEREAS, the EC Council adopted a plan for the 2008/2009 EPF appropriation which specifically calls for a water duality improvement demonstration project in the Niagara River Watershed; and WHEREAS, the EC Council has determined that Hoyt Lake, located within and owned by the City, presents the most critical water quality impairment needs that can be addressed with the funds allocated for the Niagara River Watershed Demonstration Project (Project); and WHEREAS, the Department and the City desire to enter into a Contract in order to carry out the Project in a collaborative rhanner; and WHEREAS, the performance of these services is essential to the Department, and WHEREAS, after fully examining all of its internal capabilities and thoroughly investigating possible alternative approaches, the Department and the City have determined that. establishing a Contract in order to perform the project will be mutually beneficial: NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: ARTICLE 1: SERVICES (a) The Department agrees to retain and hereby does retain the City to perform, and the City agrees to furnish and perform, the services described in Scope of Services, attached hereto as Schedule 1 Such services are hereinafter referred to as "Services" or "Work". (b) All Services shall be performed in a prompt manner in accordance with accepted professional practices. (c) All Services performed by the City must conform to the Scope of Services, attached hereto as Schedule 1, and shall be subject to acceptance of the Department. Evidence of the Department's acceptance shall be a required document in all payment requests. The City shall revise and correct, without additional compensation therefore, any required work of this Contract until the same shall be accepted by the Department. (d) All accepted original and other drawings, ag well as all notes computations, if applicable, and reports prepared by the City, or other products of the services performed under this Contract, which are required deliverables under this Contract, shall become the property of the Department. (e) The City may publish papers or other material pertaining to the work performed or to be performed under the Contract after first providing the Department a copy of the proposed publication for review and comment.. The Department will provide its comments within 3Q days and the City agrees to consider these comments. The Department has the right to require the City to withhold from publication any data that impacts on enforcement issues until resolution of enforcement action. The City will give the Department credit for the support provided to the City in any publication or other copy resulting from this work. (f) Title to, and the right to determine the disposition'of any copyrights, or copyrightable material, first produced or created in the performance of this work shall remain with the Department; provided that the Department shall grant to the City an irrevocable, royalty -free, non - exclusive right to reproduce, translate, and use all such copyrighted material for its own purposes. (g) Any invention or discovery made or conceived in the performance of this Contract shall be the property of the Department. The City shall be entitled to a non-exclusive royalty -free license under any patent. (h) The Services to be rendered by the City shall include all necessary conferences with the Department and its representatives. (i) It is understood between the parties that this Contract is intended to secure the services of the City because of its ability and reputation. (j) The Department shall furnish or make available to the City all available data in its possession pertinent to the work. The City shall perform all necessary field and office work to supplement such data. ARTICLE 2: PAYMENT (a) The Department shall pay to the City and the City shall accept from the Department as full compensation for the performance of services defined herein an amount not to exceed $271,798, as described in the Budget, Schedule 2 which is attached hereto. (b) If the term of this Contract encompasses more than one State Fiscal Year, the City shall incur no costs hereunder in subsequent fiscal years without the express written authority of the Department. (c) As soon as practicable after the close of each calendar month the City shall submit requests for payment, together with supporting documentation, to the Department for services rendered. These 2 invoices will be processed in accordance with established procedures of the Department and the New York State -Office of the State Comptroller (OSC). Requests for payment must be submitted within 45 days of the end of each State Fiscal Year which is March 3 L .Failure to comply with this request or notify the Department in writing prior to March 31 that it is unable to request payment shall operate as a waiver by the City for reimbursement by the Department. (d) The City shall provide complete. and accurate billing invoices to the Department in order to receive payment. Billing invoices submitted to the Department must contain all information and supporting documentation required by the Contract, the Department, and OSC. Payment for invoices submitted by the City shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion,.due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The City shall comply with OSC's procedures to authorize electronic payments. Authorization forms are available at the State Comptroller's website at voAw.ose.state..nv.us/ej2U/index.htai , by email at e unit Z ,osc. state. ny.us or by telephone at 518- 474 -4032. The City acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with the State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. ARTICLE 3: TERM (a) The term of this Contract shall be from January 1, 2011 — December 31, 2012, The Contract shall be effective upon approval by the Office of the State Comptroller. During the term of this Contract, the Department may substitute tasks or add tasks to the Contract, provided that the substituted or additional tasks are within the original scope of services, and provided that the costs of such tasks will not cause the "not to exceed amount" in Article 2 to be exceeded and that the substituted or added tasks to the Contract are mutually agreed upon between the Department and City. (b) This Contract may be amended and extended for a maximum of three addtional one -year periods, upon the mutual written consent of both parties and the approval of the Office of the State Comptroller. The rate of compensation for any amendments shall be negotiated (based on rates established in the Contract) and any increases shall not exceed changes in the Consumer Price Index for All Urban Consumers (CPI -U), as adjusted in October of 2012, 2013 and 2014 respectively. AR'T'ICLE 4: NOTICES Wherever it is provided in this Contract that notice shall be given or other communications sent to the Department or the City, such notices or- communications shall be delivered or sent by First Class Mail to: Department: Donald Zelazny Great Lake_ s Programs Coordinator NYSDEC 270 Michigan Avenue Buffalo, New York 14203 (716) 851 -7220 City: Donald J. Poleto Senior Engineer City of Buffalo City Hall, Room 502 Buffalo, New York 14202 (716) 851-5359 ARTICLE 5: PRINCIPAL EMPLOYEES 0 (a) The principal employees of the City who are to perform the work under this Contract shall be subject to the approval of the Department. In case of the death, disability, or end of employment of one or more but not all the persons so approved, the Department shall have the right to approve successor personnel to perform the work under this Contract. If the Department does not approve such personnel, then this Contract will terminate. (b) In case of the death, disability or end of employment of all the persons so approved without approved replacements, all data and records pertaining to the project shall'be delivered within sixty (60) days to the Department or its duly authorized representative. In case of the failure of the City's successors or personal'representatives to make such delivery on demand, then-and in that event the representatives of the City shall be liable to the Department for any damage it may sustain by reason thereof. Upon the delivery of all such data to the Department, the Department will pay to the representatives of the City all amounts due to the City, including retained percentages to the date of the death of the last survivor; ARTICLE 6: LIABILITY The City shall be responsible for all damage to life and property due to activities of the City, its subcontractor, agents, or employees, in connection with its Services under this Contract, and this obligation is in no way limited by the enumeration of insurance overages hereunder. 'Further, it is expressly understood that the City shall indemnify and save harmless the Department, its officers, employees, agents, and assigns in accordance with the provisions of Appendix B Clause 11. Nothing in this Article or in this Contract skull create or give to third parties any claim or right of action against the City or the State of New York beyond such as may legally exist irrespective of this Article or this Contract. ARTICLE 7: COMPLIANCE WITH LAWS The City agrees to comply with the provisions of the Labor Law and all State and Federal . laws, local statutes, ordinances, and regulations that are applicable to the performance of this Contract. ARTICLE S: TITLE TO EQUIPMENT Any equipment purchased with funds provided by the Department under this Contract shall be the property of the Department, unless specifically provided for otherwise. M 4 R.TICLE 9e OWNERSHIP OF DOCUMENTS Project documents and data shall at all times be the property of the Department. In the event that this Contract is terminated for any reason, the documents and data pertaining to the work on the project shall be delivered to the Department within ten (10) calendar days after to receipt of notice or if such termination by the City at such times as is reasonable thereafter. ARTICLE 10: CITY'S RESPONSIBILITY All services to be performed under this Contract shall be, performed with the City's own employees, unless the Department agrees in writing that the City may.subcontract such services. The City's use of subcontractors does not diminish the City's obligations to complete the work in accordance with the Contract. The City shall control, coordinate, and be responsible for the work of its subcontractors. The City is responsible for informing subcontractors of all relevant terms, conditions and requirements of the Contract. The Department considers the City, as prime, to be the sole point of contact, and solely responsible for performance under this Contract. ARTICLE II: DEFAULT AND TERMINATION (a) The Department shall have the right to postpone, suspend, abandon; or terminate this Contract, and such actions shall in no event be deemed a breach of Contract. In any of these events, the Department shall make settlement with the City upon an equitable basis as determined by the Department, which shall fix the value of the work which was performed by the City prior to the postponement, suspension, abandonment, or termination of the Contract. (1) If the termination is for the convenience of the .Department and is not brought about as a result of unsatisfactory performance on the part of the City, the Department shall consider the following in determining the value of the work performed: (i) The ratio of the amount of work performed by the City prior to the termination of the Contract to the total amount of work contemplated by this Contract. (ii) The amount of the expense to which the City was put in performing the work prior to the termination, in proportion to the amount of expense to which the City would have been put had it been allowed to complete the total work contemplated by the Contract. In determining the value of the work performed by the City prior to the termination, no consideration will be given to profit which the City might have made on the uncompleted portion of the work. (2) If the termination is brought about as a result of unsatisfactory performance on the part of the City, the value of the work performed by the City prior to the termination shall be fixed solely on the ratio of the amount of such work to the total amount of work contemplated by this Contract. (b) This Contract may be canceled or terminated by the Department, and all moneys due or to become due hereunder may be forfeited if the City shall employ thereon either directly or indirectly, in 5 any capacity, any person who at the time of such employment is also an employee of the State. No notice is required for this clause to take effect. =` (c) If the Department determines that the City has breached a material term of this Contract, it shall issue a written notice, providing the City with 10 days to correct the defect, if the City fails to correct the defect within this time period, or fails to make a good faith effort to do so as determined by the Department, the Department may terminate this Contract for cause. ARTICLE 12: ENTIRE CONTRACT This Contract consists of the following documents in the following order of precedence, I. Appendix A 2. Appendix B 3. The Contract (including Schedules I and 2) ARTICLE 13: NO THIRD PART' RIGHTS Nothing in this Contract shall create or give to third parties any claim or right of action against the City or the State of Now York beyond such as may legally exist irrespective of this Contract. ARTICLE 14: AFFIRMATIVE ACTION REQUIREMENTS The City must make goad faith efforts to subcontract 8.8% of the contract amount to Minority Owned Business Enterprises (MBE's) and 8.8% to Women Owned Business Enterprises (VBE's). The City must make good faith efforts to employ 10% minority group members and 10% women for a portion of the workforce hours required to perform the work under this contract. Appendix B further defines the MI 13E and EEC} provisions required by Executive Law, Article 15A. ARTICLE 15: STANDARD CONTRACT CLAUSES The City will be required to comply with all of the mandatory New York State and Department contracting provisions contained in the following two attached documents; Appendix. A m Standard Clauses for All New York State Contracts; Appendix B - Standard Clauses for All NYSDEC Contracts. ARTICLE 16: FREEDOM OF INFORMATION LAW REQUIREMENTS The City must provide to the Department all information, records, and other written material it produces, possesses, or relies upon if such material is the object of a legitimate request to the Department pursuant to the Freedom of Information Law. ARTICLE 17: INSURANCE CONSIDERATIONS (a) The City agrees to procure and maintain at its own expense and without expense to the Department until final acceptance by the Department of the services covered by this Contract, insurance of the kinds and amounts hereinafter provided by insurance companies licensed to do business in the State of New York, covering all operations under this Contract. r (b) Upon execution of this Contract, the City shall furnish to the Department.a certificate or certificates, in form satisfactory to the Department, showing that it has complied with this Article, which certificate or certificates shall provide that the policies shall not be changed or canceled until thirty (30) days written notice has been given to the Department. The certificate should list the Department and the Mate of New York as additional insureds, except with respect to worker's compensation and disability, coverage. The kinds and amounts of insurance required are as follows; (i) Policy covering the obligations of the City in accordance with the provisions of the Worker's Compensation Law, Employers Liability, and Disability Benefits, Thal Contract shall be void and of no effect unless the City procures the Workers Compensation policy and maintains it until acceptance of the work. The only forms which are accepted as proof of Workers' Compensation and Disability Insurance are as follows: FORM # FORM TITLE C -105.2 Certificate of Workers' Compensation Insurance CE -200 Certificate of Attestation of Exemption -- (no employees) U -26.3 State Insurance Fund Version of the C -105.2 form SI -12 Certificate of Workers' Compensation Self- Insurance DB -120.1 Certificate of Disability Benefit Insurance DB-155 Certificate of Disability Benefit Self-Insurance GSI- 105.2 Certificate of Participation in Worker's Comp Grou p Self-Insurance An ACORD form is NOT an acceptable proof of Workers' Compensation coverage. ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE -200, SI -12 & DB-155 MUST NAME: The New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, as the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder). Additional information can be obtained at the Worker's Compensation website: http:_ /'www.web. state.ny.usfcontent/ main /EniDloyers /Emi)loyera.iW (ii) Commercial General Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such insurance shall cover liability arising from premises operations, independent contractors, products - completed operations, and broad form property damage, personal and advertising injury, cross liability assumed in a contract (including tort liability of another assumed in a contract). (iii) Comprehensive Business Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. (iv) Professional Liability coverage in the amount of $1,000,000 with tail coverage for two (2) years. 7 (v) The City shall require that any subcontractors hired, carry insurance with the same? limits and provisions as provided herein. (c) The City may, in lieu of procuring and maintaining the aforesaid insurance, elect to obtain such coverage through a program of self insurance, which coverage and program shall be in accordance with generally accepted standards for similarly situated entities. ARTICLE 18: CONSULTANT DISCLOSURE REQUIREMENTS Chapter 10 of the Laws of 2006 amended State Finance Law §S and §163 by instituting new reporting requirements in contracts for consultant services. As a result of this amendment to the law, State contractors are required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked, and the amount paid to the contractor by the State as compensation for work performed by these employees. Chapter 10 of the Laws of 2006 expands the definition of contracts for consulting services to include any contract entered into by a State agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental,:health, and mental health services, accounting, auditing, paralegal, legal, or similar services. In order to comply with these requirements, the City is required to complete the State Consultant Services Contractor's Planned Employment from Contract Start Date through the End of the Contract Term ( "Form A "). The completed form must include information for all note- municipal employees and subcontractors providing service under the Contract. Additionally, the City is required to submit annual employment reports to the Department, Office of the State Comptroller, and Department of Civil Service for services performed pursuant to this contract by all non - municipal employees and subcontractors. This .reporting will be accomplished through the State Consultant Services Contractor's Annual Employment Report ( "Form B "). Form B must be submitted each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1 - March 31). Information regarding Consultant Disclosure Legislation can be obtained on the website of the Office of the State Comptroller at htt :l /www.osc.state.n .us /a , eacies/ bull/ - 226.htmn ARTICLE 19: DIESEL, EMISSIONS REDUCTION ACT OF 2006 In 2007 New York State passed legislation establishing the Diesel Emissions Reduction Act 2006 (DERA). This Act amended the Environmental Conservation Law (ECL) by adding Section 19- 0323 which requires the use of best available retrofit technology (BART) and ultra low sulfur diesel fuel (ULSD) for heavy duty vehicles owned or operated by, including on behalf of, state agencies and state or regional public.authorities. The Department has promulgated regulations (6 NYCRR Part 248) to provide guidance on provisions of the law. The regulations may be found on the Department's website at http : / /�vww. dee. ny. yov /regulations /56126.htm1 The City will be required to certify that they are in compliance with the provisions of ECL Section 19 -0323 by attesting to the following: The City certifies and warrants that all heavy duty vehicles, as defined in New York State Environmental Conservation Law (ECL) section 1.9 -0323, to be used under this Contract, will comply with the specifications and provisions of ECL Section 19 -0323 and the regulations promulgated thereto, which requires the use of Best Available Retrofit Technology (BART) and Ultra Low Sulfur Diesel (ULSD), unless specifically waived by the Department. Qualifications for a waiver under this law will be the responsibility of the City. ARTICLE 20: SEVERA131LITY If any part of this Contract is determined to be invalid, illegal or unenforceable, such determination shall not affect the validity, legality or enforceability of any other part of this Contract, and the remaining parts of this Contract shall be enforced as if the invalid, illegal or unenforceable part were not contained therein. ARTICLE 21: FORCE MAJEURE Neither party shall be liable for any failure or delay in the performance of its respective obligations hereunder if and to the extent that such delay or failure is due_ to a cause or circumstance beyond the reasonable control of such party, including, without limitation, acts of God or the public enemy, expropriation or confiscation of lands or facilities, compliance with any law, order or request of any Federal, State, municipal or local governmental authority, acts of war, rebellion or sabotage or damage resulting there from, fires, floods, storms, explosions, accidents, riots, strikes or the delay or failure to perform by any subcontractor by reason of any cause or circumstances beyond the reasonable control of such subcontractor. 0 This page is intentionally blank. 10 IN WITNESS WHEREOF, this Contract has been duly executed by the parties hereto on the day and year appearing following their respective ,signatures. SIGNATURE PAGE Contract Number: C008063 Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." Contractor Certification: "The Contractor certifies.and warrants that all heavy duty vehicles, as defined in New York State Environmental Conservation Law (ECL) section 19 -0323, to be used under this Contract, will comply with the specifications and provisions of ECL Section 19 =0323 and the regulations promulgated thereto, which requires the use of Best Available Retrofit Technology (BART) and Ultra Low Sulfur Diesel. (ULSD), unless specifically waived by the Department. Qualifications for a waiver under this law will be the responsibility of the Contractor." CONTRACTOR SIGNATURE AGENCY SIGNATURE DATED: .DATED: A'T'TORNEY GENERAL APPROVED: Thomas P. Dinapoli State Comptroller I. DATED: DATED: This page is intentionally blank. This page is intentionally blank.: Acknowled ment Form State of )ss.. County of On the day of in the year, before me, the undersigned notary public, personally appeared , personally known to me or proved to me 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 This page is intentionally blank. SCHEDULE I Scope of Work DIDONATO 684 Main Street ENGINEERING BOW*, NY IQ03 P716656 -1900 sS SI6 N J F 716 656 -1987 www.didonataxc OVERALL PROJECT MANAGE,'fENT Overall project 'm anagement will be performed by the City of Buffalo Department of Public Works. Mr. Donald J. Poleto, City of Buffalo Senior Engineer, will be running the project. His office will be responsible for general project oversight, letting the contract, contracting the consultant engineer and construction services, maintaining performance oversight and maintaining legal and fiscal compliance as described in the contract between the City of Buffalo and the DEC. Mr. Poleto will be the primary contact for both project management and contract administration/fiscal issues. Mr. Donald J. Poleto City of Buffalo, Senior Engineer City Hall, Room 502 Buffalo, 'blew York 14202 f i 0T The City of Buffalo undertook the Delaware Park Improvement Project in the early 1960's to improve the water quality and appearance of Hoyt Lake located behind the Albright Knox Arts Gallery in Delaware Park Lake. Under this project, Scajaquada Creek was realigned around the lake and a system of 3 pumps was installed to provide fresh water and prevent stagnation of Hoyt Lake. PHASE 9 — HOYT LAKE FRESH WATER AUGMENTATION SYSTEM Background On November 3,.2005, Personnel from Di®onato Associates, Frey Well Drilling and the City of Buffalo Department of Public Works met at the site to inspect the wells. In addition to the site visit, the 1996, TVGA condition study on the existing well system was reviewed. A summary of the findings from both the site visit and the condition report are given below: Well Rio. 9 There is a large sunken area surrounding the well and chamber, which is indicative of leaking from the discharge pipe or junction. The flooding that occurs surrounding the well when the pumps are turned on reinforces this. There was visible evidence of separation of the well casing listed in the 1996 report. The pitless adapter, spool section and casing pipe were in poor condition as noted in the 1996 report and were in need of replacement. City of Buffalo personnel noted heavy corrosion and rust through of the casing after digging a pit around the well to inspect the casing pipe, Well No. 2 Well no. 2 is the northernmost well and is located the farthest from Hoyt Lake. Discussions with City of Buffalo Department of Public Works Employees indicated that this well has been disconnected from the control panel and has not been used for at least 10 years. Well No. 3 Well no. 3 was found to be in similar condition to well no. 1. General The control panel and surrounding enclosure were found to be in excellent condition and well maintained. The sump pumps in the well chambers have burned out, allowing the chambers to flood. All three of the wells are currently shut down and a 1 -1f2" line from the City of Buffalo Municipal Water system is being utilized to replenish the lakd. According to TVGA's condition report, the flow from the 1-112" line is not enough to replenish the lake water. The current condition of the wells appears to remain unchanged at this time, Well 2 has been permanently disconnected from the control panel and wells 1 and 3 flood the surrounding ground when the pumps are activated. In addition, the diffuser piping has become clogged with debris and no longer discharges'fresh water into the pond. Proposed Work: Eased on the current conditions at the wells and the information from the 1996 Condition report, the following work shall be performed to reestablish the wells and provide sufficient flows for the proper maintenance of Hoyt Fake: • Abandon and 'cap all three (3) wells as per NYSDEC regulations • Drilling of new 60'wells near the original wells 1 and 3. Install new pitless adapter and discharge line, connecting to the existing discharge lines. All new casing pipes and appurtenances shall be constructed of corrosion resistant material (PVC, stainless steel, etc.) or provide a corrosion protection system. • Remove existing inoperable pressure gauges and level transducers at chambers 1 and 3. Install new pressure gauges and transducer level monitors at both locations. • Remove existing air injection system and existing PVC,piping from the existing sampling point to the edge of the bank. Seal and abandon the existing diffuser piping at the edge of the bank. • Install new 6" PVC pipe and a new water valve at the existing sampling point to an outlet above the lake water elevation and install rock channel protection to prevent erosion of the bank. • The existing control panel and pumps would be reused for the new wells. PHASE 2 — SCAJAQUADA CREEK ""TRASH RACK ACCESS DRIVE In order to divert Scajaquada Creek around Hoyt Lake, an access drive was installed along the berm separating the two bodies of water to access the trash racks at the entrance to the bypass culverts as part of the Delaware Dark Lake improvements. Over the years, both the lake and the creek have become silted in reducing the effective berm height between the creek and the lake. This reduction in berm height increases the risk and severity of overtopping of the berm and road. Over the years, this overtopping has displaced the original concrete block protection along the lakeside of the berm and allowed for erosion of the bank for approximately 250 feet. Due to the loss of bank, the roadway has become undermined by up to 6" along the edge of the bank to 1 %" near the centerline for approximately 150 feet. The loss of fill under the roadway has caused a large crack to form 5' from the lake.edge of the pavement with a vertical displacement from 1" to 6" high. Original plans show a sheet pile cut -off wall along the centerline of the bridge which has prevented the southern half of the road from loss of embankment material but has caused a %" crack that runs the entire length of the berm. There is a 30' section of the pavement at the west end of the crack that is displaced downward up to 1 Proposed Work: To rehabilitate the roadway and increase the life of the existing berm, the following work is proposed: ® Remove the 5' section of asphalt and concrete base that have broken away along the north side of the access drive, Grout the remaining voids. . Place sheet piling along the entire north side of the access drive (approximately 300 linear feet) to provide permanent protection to the rehabilitated roadway and prevent future loss of fill. Reconstruct the northern portion of the drive to match the existing cross section. Mill and overlay the existing .asphalt to provide , a smooth and safe . path for City maintenance vehicle acid park patrons: ® Installation of new embankment material and bank protection along the north side .of the access drive to reestablish the bank sloe. PHASE 3 - PROJECT DELIVERABLES Other than the physical construction of the project, the deliverables will include a progress report . following each of Phases 1 and 2 that will include an observation or assessment of the operational performance of the freshwater augmentation system and access road improvement after construction is complete. Lessons learned. and recommendations for future work will be included should funding become available or to support related EBM projects. PROJECT SCHEDULE The project schedule is contingent on availability of funding. The following is a breakdown of the schedule with day 1 being the day funds are available: 1 escri tion - Time to Com lete Place advertisement forbids Acceptance of Bid City /Control Board Approval Issuance of Notice to Proceed Phase 1 and 2 Construction Phase 3 (Project Completion) Up to 1 week depending on deadline submission to the Buffalo News 2 Weeks after Advertisement 4 Meeks 4 to 6 Weeks 8.5 Weeks (60 Days) 4 Meeks SCHEDULE2 Budget Niagara River ®- Hoyt Lake Ecosystem -Based Management Demonstration Project Cats o Amount Personal Service $0 Non - personal Service .Supplies & Materials Costs associated with cleaning of trash racks and maintaining fresh water augmentation. system during the term of the contract Travel Equipment Contracts Construction and engineering services (see attached itemized schedule of costs) Total $10,000 $0 EH $ 261,Z98 $271,798 NO. v. ik uft, ." Uti t o 203.02 Unclassified Excavation and Disposal CY $30.00. 50 $1,500 2039.15 Turbid! Curtain LF $15.00 3003 $4,500 304.15 Subbase Course, Optional T CY $50.00 15 $7504 403.198902 Hot Mix Asphalt Type 7 Top Course TON $80.00 1008 $8,000 407.0101 Tack Coat GAL $10.00 75 $750 490.30 Miscellaneous Cold Milling of Bituminous Concrete SY $5.00 1150 $5,750 503.1010 PCC Foundation for Pavement, Class C CY $7508.00 15 $11,2:54 552.11 Permanent Steel Sheetin2 SF $10.00 2500 $25,000 520.04 Stone Fillip Medium CY $50.00 20 $1,0800 620.05 Stone Filling (Heavy) CY $75.00 400 $30,000 663.0404 Plastic Water Pi e, 4" LF $60.00 220 $13,200 663.0406 Plastic Water pipe, 6!' LF $70.004 110 $7,700 663.1106. Butterfly Valve & Valve Box EA $2,000.00 1 $2,000 SPEC Seal and Abandon Existing Water Supply Well EA $4,0300.00 3 $12,000 SPEC Install New 12 "° diarnter wells WI Pitless adapter 77 EA $25,0(30.4}0 2 $50,000 SPEC Replace existing Pressure Gauge and level Transducers LS $5,000.00 1 $5,000 SPEC Underseafin2BJacking of Roadway Slab LS $10,000.00 1 $10,000 En ineerin lConstruction Document Preparation LS $17,250,00 1 $17,250 Construction Administration LS $3,800.00 1 $3,800 Construction Inspection Esti rnated aat 280 Manhours $65/hr LS 1 $18,200.00 1 $18,200 Construction Contingency $34.9148 Standard Clauses for New York State Contracts Appendix A ■ STANDARD CLAUSES.FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract ") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): I. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services: is required when such .contracts exceed $85,000 (State Finance Law Section 163.6.a). 4. WORKERS' COMPENSATION BENEFITS In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 2. NON - ASSIGNMENT CLAUSE In accordance with Section 138 of the State finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior' written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or 5. NON - DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Exccutive Law (also known as. the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220ae of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability; (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of ,tune 2011 Standard Cruses for New "York State Conti-acts Appendix A this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND _HOURS PROVISIONS If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors, may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department, Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3 -a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. ., E Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4).. 9. SET -OFF RIGHTS The State shall have all of its Comm law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set -off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 7. NON - COLLUSIVE BIDDING CERTIFICATION In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to� the State a non- collusive bidding certification on Contractor's behalf. S. INTERNATIONAL BOYCOTT PROHIBITION In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participa- ting, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce 1.0. RECORDS The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records "). The Records roust be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute ") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely 2 June 2011 Standard Clauses for New York State Contracts Appendix A 4 affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER , and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, . and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other .purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to. be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing. project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make - and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union -or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein, and 12. EQUAL EMPLOYMENT_ OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a . (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in .the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without Tune 2011 Standard Clauses for New York State Contracts Appendix A discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a ", "b ", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work ") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to:. (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto, q service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE. OF TROPICAL HARDWOODS The Contractor certifies and warrants that all wood products to be used under this contract avyard will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State, 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11 -A of the . State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS In addition to the methods of service allowed by the State Civil Practice Law & Rules ( "CPLR "), Contractor hereby consents to In addition, when any portion of this contract involving the of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in, §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992),_ the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 4 .Tune 2011 Standard Clauses for New York State Contracts Appendix A 0 20. OMNIBUS PROCUREMENT ACT OF 1992 It is the policy of New York State to maximize oppor- tunities for the participation New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: notification in such manner as is consistent with existing collective bargaining contracts or agreements. - The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset .credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7 th Floor Albany, New York 12245 Telephone: 518-292-5220 Fax: 518 -292 -5884 http : / /www.empire.state.ny.us A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518- 292 -5254 Fax: 518- 29M803 http: / /www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (F.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such 21. RECIPROCITY AND SANC'T'IONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 584 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURIT' BREACH AND NOTIFICATION ACT. Contractor shall'comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899 -aa; State Technology Law Section 208), 23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. -If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4 -g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. 5 .Tune 2011 Standard Clauses for New York State Contracts Appendix A 24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract as defined by .State Finance Law Sections 139-j and 139 -k, by signing dais. agreement the contractor certifies and affirms that all disclosures made in accordance with State finance Law Sections 139 -j -and 139 -k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICA`T`ION OF REGISTRATION TO COLLECT SAFES AND C0MPEN ATI�G USE TAB BY CERTAIN STATE CONTRACTOR AFFILIATES AND.SUBCONTRACTORS. To he: extent this agreement is a contract as defined by Tax Law. Section 5 -a; if the contractor fails to make the certifications required by Tax. Law Section 5 -a or if during the term of the contract, the Department of Taxation and finance or the covered agency, as defined by Tax Law 5 -a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract. may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 6 June 2011 APPENDIX B Standard Clauses for All New York State Department of Environmental Conservation Contracts The parties to the attached contract, license, lease, grant, amendment or other agreement of any kind (hereinafter "the contract" or "this contract ") agree to be bound by the following clauses which are hereby made a part of the contract. The word "Contractor herein refers to any party to the contract, other than the New York State Department of Environmental Conservation (hereinafter "Department "). I. Postponement, suspension, abandonment or termination by the Department: The Department shall have the right to postpone, suspend, abandon or terminate this contract, and such actions shall in no event be deemed a breach of contract. In the event of any termination, postponement, delay, suspension or abandonment, the Contractor shall immediately stop work, take steps to incur no additional obligations, and to limit further expenditures.. Within 15 days of receipt of notice, the Contractor shall deliver to the Department all data, reports, plans, or other documentation related to the performance of this contract, including but not limited to source codes and -specifications, guarantees, warranties, as -built plans and shop drawings. In any of these events, the Department shall make settlement with the Contractor upon an equitable basis as determined by the Department which shall fix the value of the work which was performed by the Contractor prior to the postponement, suspension, abandonment or termination of this contract. This clause shall not apply to this contract if the contract contains other provisions applicable to postponement, suspension or termination of the contract. Il. Indemnification and Holdharmless The Contractor agrees that it will indemnify and save harmless the Department and the State of New fork from and against all losses from claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against it by reason of any omission or tortious act of the Contractor, its agents, employees, suppliers or subcontractors in the performance of this contract. The Department and the State of New York may retain such monies from the amount due Contractor as may be necessary to satisfy any claim for damages, costs and the like, which is asserted against the Department and /or the State of New York, belief, the Contractor warrants that there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as herein defined, or that the Contractor has disclosed all such relevant information to the Department. (1) An organizational conflict of interest exists when the nature of the work to be performed under this contract may, without some restriction on future activities, impair or appear to impair the Contractor's objectivity in performing the work for the Department. (2) The Contractor agrees that if an actual, or potential organizational conflict of interest is discovered at any time after award, whether . before or during performance, the Contractor will immediately make a full disclosure in writing to the Department, This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Department, to avoid, mitigate, or minimize the actual or potential conflict. (3) To the extent that the work under this contract requires access to personal, proprietary or confidential business or financial data of persons or other companies, and as long as such data remains proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure and agrees not to use it to compete with such companies. (b) Personal Conflic of Interest The following provisions with regard to management or professional level employee personnel performing under this contract shall apply until the earlier of the termination date of the affected employce(s) or the duration of the contract. (1) A personal conflict of interest is defined as a relationship of an employee, subcontractor employee, or consultant with an entity that may impair or appear to impair the objectivity of 'the employee, subcontractor employee, or consultant in performing the contract work. The Contractor agrees to notify the Department immediately of any actual, or potential personal conflict of interest with regard to any such person working on or having access to information regarding this contract, as soon as Contractor becomes aware of such conflict. The Department will notify the Contractor of the appropriate action to be taken. III. Conflict of Interest (a) Qrganizational Conflict of fnterest. To the best of the Contractor's knowledge and (2) The Contractor agrees to advise ail management App. B 4/17/00 Page 1 or professional level employees involved in the work of this contract, that they must report any personal conflicts of interest to the Contractor. The Contractor most then advise the Department which will advise the Contractor of the appropriate action to be taken, (3) Unless waived by the Department, the Contractor shall certify annually that, to the best of the Contractor's knowledge and belief, all actual, apparent or potential conflicts of interest, both personal and organizational, as defined herein, have been reported to the Department. Such certification must be signed by a senior executive of the Contractor and submitted in accordance with instructions provided by the Department, Along with the annual certification, the Contractor .shall also submit an update of any changes in any conflict of interest plan submitted with its proposal for this contract. The initial certification shall cover the one-year period from the date of contract award, and all subsequent certifications shall cover successive annual periods thereafter. The certification is to be submitted no later than 45 days after the close of the previous certification period covered. (4) In performing this contract, the Contractor recognizes that its employees may have access to data, either provided by the Department or first generated during contract performance, of a sensitive nature which should not be released without Department approval. If this situation occurs, the Contractor agrees to obtain confidentiality agreements from all affected employees working on requirements under this contract including subcontractors and consultants. Such agreements shall contain provisions which stipulate that each employee agrees not to disclose, either in whole or in part, to any entity external to the Department, Department of Health or the New York State Department. of Law, any information or data provided by the Department or first generated by the Contractor under this contract, any site - specific cost information, or any enforcement . strategy without first obtaining the written permission of the Department. If a Contractor, through an employee or otherwise, is subpoenaed to testify or produce documents, which could result in such disclosure, the Contractor must provide immediate advance notification to the Department so that the Department can authorize such disclosure or have the opportunity to take action to prevent such disclosure. Such agreements shall be effective for the life of the contract and for a period of five (5) years after completion of the contract. (c) ReLndies - The Department may terminate this contract in whole or in part, if it deems such termination necessary to avoid an organizational or personal conflict of interest, or an unauthorized disclosure of information. If the Contractor fails to make required disclosures or misrepresents relevant information to the Department, the Department may terminate the contract, or pursue such other remedies as may be permitted by the terms of' Clause I of this Appendix or other applicable provisions of this contract regarding termination. (d) The Contractor will be ineligible to make a proposal �or bid on a contract for which the Contractor has developed the statement of work or the solicitation package (e) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder (except for subcontracts or consultant agreements for well drilling, fence erecting, plumbing, utility hookups, security guard services, or electrical services) provisions . which shall conform substantially to the language of this clause, including this paragraph (c), unless otherwise authorized by the Department. _ If this is a contract for work related to action at an inactive hazardous waste site, the following paragraph shall apply to those Contractors whose work requires the application of professional judgment: It does not apply to construction contracts. (f) Due to the scope and nature of this contract, the Contractor shall observe the following restrictions on future hazardous waste site contracting for the duration of the contract, (1) The Contractor, during the life of the work assignment and for a period of three (3) years after the completion of the work assignment, agrees not to enter into a contract with or to represent any party with respect to any work relating to remedial activities or work pertaining to a site where the Contractor previously performed work for the Department under this contract without the prior written approval of the Department. (2) The Contractor agrees in advance that if any bids/proposals are submitted for any work for a third party that would require written approval of the Department prior to entering into a contract because of the restrictions of this clause, then the. bids/proposals are submitted at the Contractor's own risk, and no claim shall be made against the Department to recover bid/proposal costs as a direct cost whether the request for authorization to enter into the contract is denied or approved. . IV, Requests for Payment All requests for payment by the Contractor must be submitted on forms supplied and approved by the Department. Each payment request must contain such items of information and supporting documentation as are required by the Department, and shall be all - inclusive for the period of time covered by the .app. B 4/17/00 Page 2 payment request. V. Compliance with Federal requirements To the extent that federal funds are provided to the Contractor or used in paying the Contractor under this contracti the Contractor agrees that . it will comply with all applicable federal lazes and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized. The Contractor further agrees to insert in any subcontract hereunder, provisions which shall conform substantially to the language of this clause. V1. independent Contractor The Contractor shall have the status of an independent contractor. Accordingly, the Contractor agrees that it will conduct itself in a manner consistent with such status, and that it will neither hold itself out as nor claim to be, an officer or employee of the Department by reason of this contract. It further agrees that it will not make any claim, demand or application to the Department for any right or privilege applicable to an officer or employee of the Department, including but not limited to worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit. VII. Article 15-A Requirements The terms contained in this clause shall have the definitions as given in, and shall be construed according to the intent of Article 15 -A of the Executive Law, 5 NYCRR Part 140, et. - seq., Article 52 of the Environmental Conservation Law and 6 NYCRR Part 615, et. seq., as applicable, and any goals established by this clause are subject to the intent of such laws and regulations. (a) If the maximum contract price herein equals or exceeds $25,000, and this contract is for labor, services, supplies, equipment, or materials; or (b) If the maximum contract price herein equals or exceeds $100,000 and this contract is for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon, then (c) The affirmative action provisions and equal employment opportunity provisions contained in this paragraph and paragraphs (d) and (e) of this clause shall be applicable within the limitations established by Executive Law § § 312 and 313 and . the applicable regulations. (1) The Contractor is required to make good faith efforts to subcontract at least 8 . 8 % of the dollar value of this contract to Minority Owned Business Enterprises (MBEs) and at least 8.8 % of such value to Women Owned Business Enterprises (WBEs). (2) The Contractor is required to make good faith efforts to employ or contractually require any Subcontractor with whom it contracts to make .good faith efforts to employ minority group members for at least 10 % of, and women for at least 10 % of,. the workforce hours required to perform the work under this contract. (3) The Contractor is required to make good faith efforts to solicit the meaningful participation by enterprises identified in the NYS Directory of Certified Businesses provided by: Empire State Development Corp. Div. Minority &'Women's Business Development 30 South Pearl Street Albany, New York 12245 Phone: (5 18) 292-5250 Fax: (518) 292 -5803 and Empire State Development Corp. 633 Third Avenue New York, NY 10017 Phone: (212) 8032414 Fax: (212) 803 -3223 internet: www.empire.state.ny.uslesd.htm (d) The Contractor agrees to include the provisions set forth in paragraphs (a), (b) and (c) above and paragraphs (a), (b), and (c) of clause 12 of Appendix A in every subcontract in such a manner that the provisions will be binding upon each Subcontractor as to work under such subcontract. For the purpose of this paragraph, a "subcontract" shall mean an agreement providing for a total expenditure in excess of $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon in which a portion of the Contractor's obligation under a State contract is undertaken or assumed. (e) The Contractor is required to make good faith efforts to utilize the MI3EIWBEs identified in the utilization plan to the extent indicated in such plan, and otherwise to implement it according to.its terms. The Contractor is requested to report on such implementation periodically as provided by the contract, or annually, whichever is more frequent. VI11. Compliance with applicable laws (a) Prior to the commencement of any work under this contract, the Contractor is required to meet all legal requirements necessary in the performance of the App. 13 4/17/00 Page '3 contract. This includes but is not limited to compliance with all applicable federal, state and local laws and regulations promulgated thereunder. It is the Contractor's responsibility to obtain any necessary, permits, or other authorizations. By signing this contract, the Contractor affirmatively represents that it has complied with said laws, unless it advises the Department otherwise, in writing. The Department signs this contract in reliance upon this representation. (b) During the term of this contract, and any extensions thereof, the Contractor must remain in compliance with said laws. A failure to notify the Department of noncompliance of which the Contractor was or should have been aware, may be considered a material breach of this contract. ix. Dispute Resolution The parties agree to the following steps, or as many as are necessary to resolve disputes between the Department and the Contractor. (a) The Contractor specifically agrees to submit, in the first instance, any dispute relating to this contract to the designated individual, who shall render a written decision and furnish a copy thereof to the Contractor. (1) The Contractor must request such decision in writing no more than fifteen days after it knew or should have known of the facts which are the basis of the dispute. (2) The decision of the designated individual shall be the final agency determination, unless the Contractor files a written appeal of that decision with the designated appeal individual ( "DAI ") within twenty days of receipt of that decision. (b) Upon receipt of the written appeal, the DAI , will review the record and decision. hollowing divisional procedures in effect at that time, the DAI will take one of the following actions, with written notice to the Contractor. (1) Remand the matter to the program staff for further negotiation or information if it is determined that the matter is not ripe for review; or (2). Determine that there is no need for further action, and that the determination of the designated individual is confirmed, or (3) Make a determination on the record as it exists. (c) The decision of the DAI shall be the final agency decision unless the Contractor files a written appeal of that decision with the Chair of the Contract Review Committee ( "CRC ") within twenty days of receipt of that decision. The designated individual to hear disputes is: Susan Moore,, Environmental Program Specialist 3 (Name and Title) NYSDEC, 625 Broadway, Albany, NY 12233 -1080 (Address) (5I8) 402 -9401 (Telephone) The designated appeal individual to review decisions - is: Don Zelazny, Great Lakes Programs Coordinator (Name and Title) NYSDEC,.270 Michigan Ave., Buffalo, NY 14203 (Address) (716) 851 -7220 (Telephone) The Chair of the Contract Review Committee is: Department of Environmental Conservation Nancy W. Lussier, Chair Contract Review Committee 625 Broadway, W' Floor. Albany, NY 12233 -5010' Telephone: (518) 402 -9228 (d) Upon receipt of the written appeal, the Chair of the CRC, in consultation with the members of the CRC and the Office of General Counsel, will take one of the following actions, or a combination thereof, with written notice to the Contractor. (1) Remand the matter to program staff for additional fact linding,negotiation, or other appropriate action; or (2) Adopt the decision of the DAI; or (3) Consider the matter for review by the CRC in accordance with its procedures. (e) Following a decision to proceed pursuant to (d) 3, above, the Chair of the CRC shall convene a proceeding in accordance with the CRC's established contract dispute resolution guidelines. The proceeding will provide the Contractor with an opportunity to be heard, (f) Following a decision pursuant to (d) 2 or (d) 3, the CRC shall make a written recommendation to the Assistant Commissioner for Administration who shall render the final agency determination. (g) At any time during the dispute resolution process, and upon mutual agreement of the parties, the Office of App. B 4/17/00 Wage 4 Hearings and Mediation Services (OHMS) may be requested to provide mediation services or other appropriate means to assist in resolving the dispute. Any findings or recommendations made by the OHMS will not be binding on either party. (h) Final agency determinations shall be subject to review only pursuant to Article 78 of the Civil Practice Law and Rules. (i) Pending final determination of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Contract in accordance with the decision of the designated individual. Nothing in this Contract shall be construed as making final the decision of any administrative officer upon a question of law. 0) (1) Notwithstanding the foregoing, at the option of the Contractor, the following shall be subject to review by the CRC: Disputes arising under Article 15 -A of the Executive Law (Minority and Women Owned Business participation), the Department's determination with respect to the adequacy of the Contractor's Utilization Plan, or the Contractor's showing of good-faith efforts to comply therewith. A request for a review before the CRC should be made, in writing, within twenty days of receipt of the Department's determination. (2) The CRC will promptly convene a review in accordance with Article 15 -A of the Executive Law and the regulations promulgated thereunder. X. Labor Law Provisions (a) When applicable, the Contractor shall post, in a location designated by the Department, a copy of the New York State Department of Labor schedules of prevailing wages and supplements for this project, a copy of all re- determinations of such schedules for the project, the Workers` Compensation Law Section 51 notice, all other notices required by law to be posted at the site, the Department of Labor notice that this project is a public work project on which each worker is entitled to receive the prevailing wages and supplements for their occupation, and all other notices which the Department directs the Contractor to post. The Contractor shall provide a surface for such notices which is satisfactory to the Department, The Contractor shall maintain such notices in a legible manner and shall replace any notice or schedule which is damaged, defaced, illegible or removed for any reason. Contractor shall post such notices before commencing any work on the site and shall maintain such notices until all work on the site is complete. (b) When appropriate, contractor shall distribute to each worker for this Contract a notice, in a form provided by the Department, that this project is a public work . project on which each worker is entitled to receive the prevailing wage and supplements for the occupation at which he or she is working. Worker includes employees of Contractor and all Subcontractors and all employees of suppliers entering the site. Such notice shall be distributed to each worker before they start performing any work of this contract. At the time of distribution, Contractor shall have. each worker sign a statement, in a form provided by the Department, certifying that the worker has received the notice required by this section, which signed statement shall be maintained with the payroll records required by the following paragraph (c). (c) Contractor shall maintain on the site the original certified payrolls or certified transcripts thereof which Contractor and all of its Subcontractors are required to maintain pursuant to the New York Labor Law Section 220. Contractorshall maintain with the payrolls or transcripts thereof, the statements signed-by each workerpursuant to paragraph (b). (d) Within thirty days of issuance of the first payroll, and every thirty days thereafter, the Contractor and every subcontractor must submit a transcript of the original payroll to the Department, which transcript must be subscribed and affirmed as true under penalty of perjury. Xl, Offset In accordance with State Law, the Department has the authority to administratively offset any monies due it from the Contractor, from payments due to the Contractor under this contract. The Department may also (a) assess interest or late payment charges, and collection fees, if applicable; (b) charge a fee for any dishonored check; (c) refuse to renew certain licenses and permits. XII. 'fax Exemption Pursuant to Tax Law Section 11.16, the State is exempt from sales and use taxes. A standard state voucher is sufficient evidence thereof For federal excise taxes, New York's registration Number 14740026K covers tax -free transactions under the Internal Revenue Code. X111. Litigation Support In the event that the Department becomes involved in litigation related to the subject matter of this contract, the Contractor agrees to provide background support and other litigation support, including but not limited to depositions, appearances, and testimony. Compensation will be negotiated and based on rates established in the contract, or as may otherwise be provided in the contract. App. B 4/17/00 Page 5 XN. Equipment Any equipment purchased with funds provided under this contract, shall remain the property of the Department, unless otherwise provided in the contract. The Contractor shall be liable for all costs for maintaining the property in good, usable condition. It shall be returned to the Department upon completion of the contract, in such condition, unless the Department elects to sell the equipment to the Contractor, upon mutually agreeable terms, Xv. Inventions or Discoveries Any invention or discovery first made in performance of this Contract shall be.the property of the Department, unless otherwise provided in the contract. The Contractor agrees to provide the Department with any and all materials related to this property. At the Department's option, the Contractor may be granted a non- exclusive license. XVI. Patent and Copyright Protection If any patented or copyrighted material is involved in or results from the performance of this Contract, this Article shall apply. (a) The Contractor shall, at its expense, defend any suit instituted against the Department and indemnify the Department against any award of damages and costs made against the Department by a final judgment of a court of last resort based on the claim that any of the products, services or consumable supplies furnished by the Contractor under this Contract infringes any patent, copyright or other proprietary right; provided the Department gives the Contractor: (1) prompt written notice of any action, claim or threat of infringement suit, or other suit, and (2) the opportunity to take over, settle or defend such action at the Contractor's sole expense, and (3) all available information, assistance and authority necessary to the action, at the Contractor's sole expense. The Contractor shall control the defense of any such suit, including appeals, and all negotiations to effect settlement, but shall keep the Department fully informed concerning the progress of the litigation. (b) If the use of any item(s) or parts thereof is held to infringe a patent or copyright and its use is enjoined, or Contractor believes it will. be enjoined, the Contractor shall have the right, at its election and expense to take action in the following order of precedence: (I) procure for the Department the right to continue using the same item or parts thereof, (2) modify the same so that it becomes non - infringing and of at least the same quality and performance; (3) replace the itetn(s) or parts thereof with I noninfringing items of at least the same quality and performance; (4) if.none of the above remedies are available, . discontinue its use and eliminate any future charges or royalties pertaining thereto. The Contractor will buy back the infringing product(s) at the State's book value, or in the event of a lease, the parties shall terminate the lease. If discontinuation or elimination results in the Contractor not being able to perform the Contract, the Contract shall be terminated. (c) In the event that an action at law or in equity is commenced against the Department arising out of a claim that the Department's use of any item or material pursuant to or resulting from this Contract infringes any patent, copyright or proprietary right, and such action is forwarded by the Department to the Contractor for defense and indemnification pursuant to this Article, the Department shall copy all pleadings and documents forwarded to the Contractor together with the forwarding correspondence and a copy of this Contract to the Office of the Attorney General of the State of New York. If upon receipt of such request for defense, or at any time thereafter, the Contractor is of the opinion that the allegations in such action, in whole or in part, are not covered by the indemnification set forth in this Article, the Contractor shall immediately notify the Department and the Office of the Attorney General of the State of New York in writing and shall specify to what extent the Contractor believes it is and is not obligated to defend and indemnify under the terms and conditions of this Contract. The Contractor shall in such event protect the interests of the Department and State of New York and secure a continuance to permit the State of New York to appear and defend its interests in cooperation with Contractor as is appropriate, including any jurisdictional defenses which the Department and State shall have. (d) The Contractor shall, however, have no liability to the Department under this Article if any infringement is based upon or arises out of. (1) compliance with designs, plans, or specifications furnished by or on behalf of the Department as to the items; (2) alterations of the items by the Department; (3) failure of the Department to use updated items provided by the Contractor for avoiding infringement; (4) use of items in combination with apparatus or devices not delivered by the Contractor; (5) use of items in a manner for which the same were neither designed nor contemplated; or (6) a patent or copyright in which the Department or .app, 13 4/17/00 Page 6 any affiliate or subsidiary of the Department has any direct or indirect interest by license or otherwise. (e) The foregoing states the Contractor's entire liability for, or resulting from, patent or copyright infringement or claim thereof. XVII. Force Majeure . The term Force Majeure shall include acts of God, work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war rebellion, sabotage or the like. If a failure of or delay in performance by either party results from the occurrence of a Force Majeure event, the delay shall be excused and the time for performance extended by a period equivalent to the time lost because of the Force majeure event, if and to the extent that: (a) The delay or failure was beyond the control of the party affected'and not due to its fault or negligence; and (b) The delay or failure was not extended because of the affected party's failure to use all reasonable diligence to overcome the obstacle or to resume performance immediately after such obstacle was overcome; and (c) The affected party provides notice within (S) days of the onset of the event, that it is invoking the protection of this provision. XVIII. Freedom of Information Requests The Contractor agrees to provide the Department with any records which trust be released in order to comply with a request pursuant to the Freedom of Information Law. The Department will provide the contractor with an opportunity to identify material which may be protected from release and to support its position. XIX. Precedence In the event of a conflict between the terms of this Appendix B and the terms of the Contract (including any and all attachments thereto and amendments thereof, but not including Appendix A), the terms of this Appendix B shall control. In the event of a conflict between the terms of this Appendix B, and the terms of Appendix A, the terms of Appendix A shall control. App. B 4/17/00 Page 7 Mr. Fontana moved: That the communication from the Commissioner of Public Works, Parks and Streets, dated September 13, 2011, be received and filed; and That the Mayor is hereby authorized to enter into the above referenced Contract (CO08063) and any fixture amendments for the Delaware Park Lake Pump Rehabilitation and Shoreline Improvement Project and to accept project funding from the New York State Department of Environmental Conservation for this work. Passed _12_ TAB:rmv TAwp601mswordirmvl12c9- 19a.doe *AYE *N * * FRANCZYK * GOLD E. KEARNS LOCURTO PRIUDGEN - RMERA RUSSELL s * aj -5 2/3- 6 3/4- 7. #1 (Rev. 1193) 0 0 0 _ SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COt]NCIL DATE: September 14, 2011 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks and Recreation SUBJECT: [; Permission to Accept 1998 GMC Suburban Van [: donated by Police Athletic League of Buffalo, Inc. [: to Division of Parks and Recreation PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. , C.C.P. ) Permission is hereby requested from Your Honorable Body to accept a 1998 GMC Suburban Van, Vin# IGKEL19WB507630, donated by the Police Athletic league of Buffalo, Inc. for use in the Division of Parks and Recreation. The van is being donated in as is condition; no money, goods, or services were rendered by the Police Athletic League or the City of Buffalo in exchange for this donation. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: ARR /cmg Steven J. Stepniak 1 Mr. Fontana moved: That the communication from the Commissioner of Public Works, Parks and Streets, dated September 14, 2011, be received and filed; and That the Commissioner is authorized to accept a 1998 GMC Suburban Van, VIN 1GKEL19WB507630 from the Police Athletic League of Buffalo, Inc., for use in the Division of Parks and Recreation upon the condition that there be no increase in the number of vehicles designated as authorized for take -home use. Passed -13a TAB:rmv TAwp60\inswor&mv\I3c9- 19a.doc a�L s`s FONTANA FPANCZYK . GLO E S �C 'IC KEARNS L TV SG St PRED GEN RIVERA i� RUSSELL SWMI ik � 7k se 213 °6� 314- 7 s 1 (kev. 3193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO. THE COMMON COUNCIL 0 1. 5 DATE. September 14, 2019 j . FROM: DEPARTMENT: Public Works, Parks & Streets D a • SUBJECT: Permission to Accept Playground Equipment j: Massachusetts Ave Park [: Prase 1 [: Job #1135 [: Niagara District PRIOR COUNCIL REFERENCE: (If Any) [: EX. (ITEM NO. CCP ) TEXT: Permission is hereby requested from Your Honorable Body to accept swings and playground equipment in front of 370 Massachusetts Ave., Buffalo, NY 14213 from the Boys & Girls Clubs of Buffalo for $1.00 (from the Buildings petty cash account). The equipment is being sold to the City of Buffalo in an as -is condition with condition that the City will remove and then fill, grade and seed the Boys & Girls Club property to its original state. This equipment will be refurbished and reinstalled as part of the Massachusetts Avenue Park, Phase 1. SJS /PJM /JSidlg cc: Andrew Rabb, Deputy Commissioner of Parks Department Head Name: Steven J. Ste nick Title: Commissione o t . o rks, Parks & St reets =, - -- e Signature of Department Head: flu Mr. Fontana moved: That the communication from the Commissioner of Public Works, Parks and Streets, dated September 14, 2011, be received and filed, and That the Commissioner is authorized to accept swings and playground equipment in front of 370 Massachusetts Ave., Buffalo, NY 14213 from the Boys & Girls Clubs of Buffalo for $1.00 (from the Buildings petty cash account), to be refurbished and reinstalled as part of the Massachusetts Avenue Park, Phase 1 project. Passed -14- TAB:rrnv T:hvp6olmswordV v%14c9- 19a.doe * AYE *NO* 2l ®b 3 {4 - 7 . #2 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: September 14, 2011 Public Works, Parks and Streets Engineering SUBJECT: [: Permission to Enter Agreement [: Delaware Park PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx C.C.P. xx /xx/xx) [: Permission is hereby requested from Your Honorable Body to authorize the Mayor and /or this Department to enter into the attached agreement and any addendums with the Army Corps of Engineers for Technical, Planning and Engineering Assistance in the development of a feasibility study to restore aquatic habitat to the Scajaquada Creek Watershed including Delaware Park Lake. This agreement would enable this Department to administer this project and receive all designated Federal Funding as authorized in the agreement. PJM:SJS:DJP CC: Andrew Rabb Parks TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer 6 � -- N SIGNATURE OF DEPARTMENT HEAD: � r ,J i PARTNERSHIP A�ENGI�NEERING ASSISTANCE i ] DE AR MY _`., THE CITY OF BUFFALO FOR THE NIAGARA RIVER AREA OF CONCERN (AOC) THIS AGREEMENT is entered into this day, of , 20_____ by and between the Department of the Army (hereinafter called the "Government ") represented by the District Engineer executing this Agreement, and the City of Buffalo (hereinafter called the "Sponsor "), represented by the Mayor of the City of Buffalo, executing the Agreement. WITNESSETH, that: WHEREAS, Section 401 of the Water Resources Development Act of 1990 (Public Law 101 -640), as amended authorizes the Secretary of the Army to provide technical, planning and engineering assistance to States and local governments in the development and implementation of Remedial Action Plans (RAP) for Areas of Concern (AOC) in the Great Lakes identified under the Great Lakes Water Quality Agreement of 1978 and requires the non - Federal interests to contribute, in cash (contributed funds) or by providing in -kind contributions or services, thirty -five (35) percent of the cost of such assistance; and WHEREAS, "Niagara River" has been identified as an Area of Concern under the Great Lakes Water Quality Agreement of 1978, which includes Scajaquada Creek as a tributary and the City of Buffalo; and WHEREAS, the Sponsor has identified the need for technical, planning, and engineering assistance as described in the Scope of Work (Appendix A) attached to this Agreement. The services would assist in developing and /or implementing the Remedial Action Plan for the Niagara River Area of Concern. (AOC); and WHEREAS, the Sponsor has the authority and capability to furnish the cash contribution and/or in -kind contributions or services hereinafter set forth and is willing to participate in the cost sharing and financing of the services to be provided in accordance with the terms of this Agreement; and WHEREAS, the Sponsor is willing to deposit funds, in cash and perform certain work, hereinafter known as "in -kind services," as defined in Article 15. of this agreement and is willing to contribute these in -kind services, as described in Appendix C. The total cash contribution and in -kind services described in Appendix B is equal to thirty -five (35) percent of the preliminary cost estimate, as credit toward its share of the cost of the Government's technical, planning and engineering assistance; and WHEREAS, the Government is authorized to accept and expend funds received from the Sponsor to assist in the development and implementation of the Remedial Action Plan for the Niagara River Area of Concern. Page 1 of 5 t NOW THEREFORE, the parties agree as follow: ARTICLE I - DEFINITIONS For the purpose of this Agreement: 1. The term "technical, planning and engineering assistance costs " shall mean all disbursements by the Government pursuant to this Agreement, from Federal appropriations or from funds made available to the Government by the Sponsor and all negotiated costs of work performed by the Sponsor pursuant to this Agreement. Technical, Manning and engineering assistance costs shall include, but not be limited to: labor charges; direct costs; overhead expenses; supervision and administration costs; the costs of participation in Project Management and Coordination in accordance with this Agreement; the costs of contracts with third parties, including termination or suspension charges; and any termination or suspension costs (ordinarily defined as those costs necessary to terminate ongoing contracts or obligations and to properly safeguard the work already accomplished) associated with this Agreement. 2. The term "phase" shall mean the time period for conducting an agreed amount of work based on available Federal funding. 3. The term "Scope of Work "(SOW) means a description of the work to be performed, as shown in Appendix A. The SOW will be attached to this Agreement and not be considered binding on either party and is subject to change by the Government, in consultation with the Sponsor. 4. The term "fiscal year" shall mean one fiscal year of the Government. The Government fiscal year begins on October I and ends on September 30. 5. The term "In -Kind Service" shall mean a service, to be provided by the Sponsor, which is compatible, as determined by the Government, with the technical assistance being provided under this agreement. The in -kind services described in Appendix C of this document are fixed fee items. The dollar value of the services, as shown in Appendix B is based on the non - Federal Sponsor's proposal that has been reviewed and approved by the Government. G. The term "negotiated costs" shall mean the costs of in -kind services to be provided by the Sponsor in accordance with the SOW. 7. The term "Preliminary Cost Estimate and Cost apportionment" shall mean a preliminary estimate of costs and the estimated Federal and non - Federal share of costs and/or in -kind services for the technical, planning, and engineering assistance established by the Government for which cash payments .are to be made to the Government, and/or in -kind services are to be provided as a credit toward cash payment. The preliminary cost estimate and cost apportionment may change subject to negotiations. All such cash payments from the sponsor shall be made by Electronic Funds Transfer (EFT) for the full amount of the phase in accordance with procedures established by the Government. ARTICLE 11- OBLIGATIONS OF PARTIES 1. The Government, using Sponsor contributed and/or in -kind services and Congressionally Page 2of5 f appropriated funds, shall provide the required technical, planning, and engineering assistance, substantially in compliance with the SOW for each phase as attached in Appendix A and in conformity with applicable state and federal laws and regulations and mutually acceptable standard of engineering practice. The Sponsor, using non- Federal funds, shall provide in -kind services substantially in compliance with the SOW attached as Appendix A and in conformity with applicable state and Federal laws and regulations and mutually acceptable standard of engineering practice. 2. The Government shall contribute sixty -five (65) percent of the total cost of providing the technical, planning and engineering assistance as specified in the Preliminary Cost Estimate and Cost apportionment for the comprehensive assistance as shown in Appendix B. The Sponsor shall contribute thirty -five (35) percent of the total cost, in cash and/or in -kind services as specified in Preliminary Cost Estimate and Cost apportionment for the comprehensive assistance as shown in Appendix B, of the technical, planning and engineering assistance set forth in the SOW. Total cost of the assistance is currently estimated at $101,214.29 as specified in Appendix B. 3. For each new Phase of assistance, a new Appendix A, B, and C will be amended to this agreement to clarify the SOW, Preliminary Cost Estimate, and Cost apportionment. The SOW, Cost Estimate, and Cost apportionment will be an agreement between the Government and the Sponsor for each Phase. 4. For each new Phase of assistance, the Government shall contribute sixty -five (65) percent of the total cost of providing the technical, planning and engineering assistance as specified in the Preliminary Cost Estimate and Cost apportionment as shown in Appendix B. The Sponsor shall contribute thirty -five (3 5) percent of the total cost, in cash and/or in -kind services as specified in Preliminary Cost Estimate and Cost apportionment as shown in Appendix B; of the technical, planning and engineering assistance set forth in the SOW. Total cost of the assistance is shown in Appendix B. 5. No Federal funds may be used to meet the local Sponsor's cost share of technical, planning and engineering assistance costs under this Agreement unless such Federal funds have been appropriated for such purpose and allocated for such technical, planning and engineering assistance. 6. The award and administration of any contract with a third party for services in furtherance of this Agreement, which obligates Federal appropriations, shall be exclusively within the control of the Government. 7. Before a party to this Agreement may bring suit in any court concerning any issues relating to this Agreement, such party must first seek in good faith to resolve the issue through negotiation or other form of nonbinding alternative dispute resolution mutually acceptable to the parties, The respective parties will bear their own costs. S. At any time by mutual consent of the parties, this Agreement and /or SOW may be amended in writing and include signatures by the appropriate authorities of the respective parties. 9. This Agreement shall terminate at the completion of those technical, planning and engineering assistance activities identified in the SOW; or, this Agreement may be terminated before M O , completion upon agreement of the respective parties. 10. If the panties agree to terminate before completion, the Government shall prepare a final accounting of the costs for technical, planning, and engineering assistance provided,. which display: (1) costs incurred by the Federal Government; (2) cash contributions and/or in -kind contribution or services by the Sponsor; and (3) disbursement by the Government of all funds. Subject to the availability of funds, within ninety (90) days after the final accounting, the Government shall reimburse the Sponsor for non - Federal cash contributions that exceed the Sponsor's rewired share of the total costs. Within ninety (90) days after the final accounting, the Sponsor shall provide the Government any cash contributions required to meet the Sponsor's required share of the total costs of the technical, planning, and engineering assistance provided, as provided in Article 11, paragraph 2. 11. In the event that any (one or more) of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed. 12. This Agreement shall commence on the date the last signatory signs this Agreement (the "Commencement Date "). The parties having read and understood the foregoing terms of the Agreement do by their respective signature dated below, hereby agree to the terms hereof. DEPARTMENT OF THE ARMY: BY: Stephen H. Bales Lieutenant Colonel, U.S. Army District Engineer Buffalo District CITY OF BUFFALO: BY. The Honorable Byron W. Brown Mayor City of Buffalo Date: Date: MMM CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be .paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report. Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. BY: The Honorable Byron W. Brown Mayor City of Buffalo Date: Page 5of5 APPENDIX A SCOPE OF WORD FOR TECHNICAL, PLANNING AND ENGINEERING ASSISTANCE FOR THE NIAGARA RIVER AREA OF CONCERN (AOC) TITLE Technical, Planning and Engineering Assistance for the Niagara River Area of Concern, and for the City of Buffalo. CWISIP2: COST SHARING 65% - FED, 35% - NONFED DATE OF REQUEST JUSTIFICATION 15 December 2011 PROJECT SPONSOR City of Buffalo PURPOSE This exhibit describes the scope of technical, planning, and engineering services to be performed under the authority of Section 401 of the Water Resources Development Act of 1990 (Public Law 101 -540), as amended. These services would be performed for the purpose of assisting in the implementation of the Remedial Action Plan (RAP) for the Niagara River Area of Concern (AOC). This exhibit includes a description of the services to be provided by the Buffalo District, U.S. Array Corps of Engineers (USACE). SCOPE OF WORK The USAGE technical support identified below in this Exhibit will assist the Remedial Advisory Committee of the Niagara River in the development of one feasible alternative to restore aquatic habitat within Hoyt Lake and a reach of Scajaquada Creek that flows through Delaware Park and Forest Lawn Cemetery in the City of Buffalo. Scajaquada Creek is a major tributary to the Niagara River AOC, The Buffalo District, Corps of Engineers will perform the USACE support activities described by Item 001 and Item 002 below. The sponsor will be providing in -kind services associated with this Scope of Work. Item 001 Development of Scope of Work: USACE will develop a detailed Scope of Work for the project using internal resources. USACE will coordinate closely with the City of Buffalo to ensure that the Scope of Work meets customer and stakeholder expectations. Item 002. Alternative Formulation: USACE will inventory current conditions and identify measures to enhance habitat at Hoyt Lake and Scajaquada Creek within Delaware Park and Forest Lawn Cemetery. Several measures will be analyzed and combined to form a single alternative which maximizes ecological benefits. All work will be performed in accordance with the Scope of Work developed as Item 001. The final product will be a conceptual design for the selected alternative. Item: 003. Hoyt Lake and Scajaquada Creek Restoration: City of Buffalo and the Buffalo Olmstead Parks Conservancy will be undertaking measures to improve water quality, maximize habitat value, and restore historic shoreline conditions to Hoyt Lake and Scajaquada Creek, within Delaware Park and Forest Lawn Cemetery located in Buffalo, New York. Significant actions include sediment characterization and removal, habitat enhancement, and measures to improve water quality. The City of .Buffalo and Olmstead Darks Conservancy will contribute to all phases of the project through coordination and project administration. SCHEDULE: The conceptual design package is currently scheduled for March 2013. 21 APPENDIX R PRELIMINARY COST ESTIMATE AND COST APPORTIONMENT 1. Cost Estimate: The cost estimate, established by the Government and provided below, is for Corps of Engineers` assistance under the Great Lakes RAP Program for the Niagara River AOC and City of Buffalo, the non - Federal Sponsor. PRELIMINARY COST ESTIMATE Item No. WorkAetivity Federal Share Non- Federal Shane Total Cost {$) 001 & 002 Planning and Resign for Habitat Restoration. 65,789.29 - 65,789.29 003 Amount of In -kind services - 35,425.00 35,425.00 SUB - TOTALS 65,789.29 35,425.00 101,214.29 TOTALS $65,789.29 $35,425.00 $101,214.29 2. In -Kind Services: The total value of the Sponsor's proposed in -kind services in conjunction with this assistance are described in Appendix C. The estimated non - Federal cash contribution and the estimated non - Federal In-Kind services are sufficient to meet the cost -share requirement of $35,425. 3. Cost Apportionment: The Federal cost responsibility and non - Federal responsibility, as described in Exhibit A, are summarized below: City of Buffalo (Non - Federal share: in -kind services) .........................$ 35,425.00 U.S. Army Corps of Engineers (Federal share). .................. . ...............$ 65,789.29 Total Federal Share + Non- Federal Share = $ 101,214.29 APPEND IN�KINWW City of Buffalo financial match contribution (35% non-federal share) = $35,425.00 In -Kind Services Portion of 35 %: In -Kind Services need. $35,425.00 Potential Project Tasks — accepted by USACE 1. Delaware Park Lake Pump Rehabilitation and Shoreline Restoration $35,425. Total 1n -Kind Contribution $35,425.00 The non - Federal Sponsor (City of Buffalo) and their partners will provide thirty -five percent (35 %) of the project costs through in -kind services. The City of Buffalo is taking measures to improve water quality and restore the shoreline of Hoyt Lake. Measures include replacing three existing freshwater wells and reconstructing the Scajaquada Creek Trash Rack Access Road. Creditable work -in -kind includes engineering/construction document preparation, construction administration, and construction inspection of the Delaware Park Lake Pump Rehabilitation and Shoreline Restoration project. a Mr. Fontana moved: That the communication from the Commissioner of Public 'Works, Parks and Streets, dated September 14, 2011, be received and filed; and That the Mayor and/or the Commissioner is hereby authorized to enter into the above AgreeTnent regarding Delaware Park and any addendums with the Army Corp. of Engineers for Technical, Planning, and Engineering Assistance in the development and feasibility study to restore aquatic habitat to the Scajaquada Creek 'Watershed, including Delaware Park Lake. The Department is further authorized to administer this project and receive all designated Federal Funding as authorized in the agreements. Passed -15_ TAB:rmv T:hvp60Wsword\rmv\J 56- I4a,doc to \ s * AYE *NO* j- W- 6 3/4- 7 FONTANA FRANCZYK GOLOMBEK ' KEARNS LO TO PRIDGEN RUSSELL j- W- 6 3/4- 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 13, 2011 0001" FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Sanitation SUBJECT: [: Recycling Cart Lease- to-Own Purchase PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: Permission is hereby requested from your Honorable Body to authorize a lease agreement between the City of Buffalo and JP Morgan Chase Bank for recycling carts at a cost of $2,800,000.00. There will be an estimated monthly cost of $60,000.00 for a four year lease term. At the end of this term, the City of Buffalo will inherit full ownership of the carts. Benefits to this program will be increased recycling rates and a more effective bi- weekly collection method. This agreement is necessary to complete the new City of Buffalo recycling program. Based on data from various communities who have implemented a similar program, it is not w'1rsual for recycling rates to dramatically increase. Furthermore, the City will now accept plastics #1 -7. This will require the larger container for the additional items. We anticipate recycling rates to increase from 8% to 16% a year, with a total savings of approximately $600,000 annually. This will also help offset costs related to the lease program. Your cooperation in this matter is greatly appreciated. Funds for this transaction will be available in the following account, 52002607- 474100. Copy of lease program attached. SJ S /PJM /RPN /PS cc: Contract Compliance Office Department Head Name: Steven Stepniak Title: Commissioner Signature of Department Head: y �� 3 �P A � x ur i . yawn NEWSPAPER' Anything that comes with MAGAZINES & g ITEMS NOT RECYCLABLE CATALOGS your regular ular views �a I' Ia Place I rec ycling box I °ose• Napkins, tissue paper, paper towels p p p ' � a p Magazines delivered to our 9 _ home or purchased at a DO NOT USE STRING OR PLASTIC BAGS. wax paper, wrapping paper, ANY F SOILED PAPER. newsstand, All Catalogs, phone books, and junk mail, CORRUGATED CARDBOARD Recycle all brown Remove all tape, staples ITEMS NOT RECYCLABLE corrugated cardboard, and strapping, Waxed corrugated, cardboard lined Brown paper bags. Break down all boxes in 3 with foam, any fridge/freezer box. 491 Box board (shoe boxes, feet x 3 feet sections: board, and pop/beer I�oxboard, qP gift boxes, cereal boxes). _. � GLASS Wash containers. ITEMS NOT RECYCLABLE BOTTLES All clear, green and brown Remove lids and caps. Ceramic battles and other cei'arnic food and beverage containers. Labels DO NOT have to be removed, Put all containers & FETAL items, flower pots, crystal, lighfbulbs, mirror &window glass, lids and caps in recycling heat resistant ovenware, box. hypodermic syringes, eyeglasses. METAL CANS All metal food &beverage Wash Containers. ITEMS NOT RECYCLABLE propane cylinders; silverware, �� ) "_ . ` containers (cans). Remove lids &caps, metal /cardboard containers (frozen "", Metal lids, closure caps, REM Labels �� NOT have to be removed, juice or motor oil), small appliances, aluminum pie tins, metal cookware, tin foil, or 1 0 Pots, pans & utensils. hypodermic needles. DO NOT INCLUDE ANY TYPE OF BATTERY. PLASTIC ITEMS NOT RECYCLABLE Plastics Wash containers Anfl - freeze or motor oil containers, Plastic f000dd, soap & NO styrofoam. furniture, plates, tableware, medicine , NO deli - containers. bottles, plexiglass, fast food containers, 1 t beverage containers , NO microwave containers. smack bags, and Tupperwa �I (because of residue). MIRK CARTONS able to bever a g es.. JUICE CARTONS p g Rinse and empty ITEMS NOT RECYCLABLE DRINK BOXES Paper coffee cups (take out). - Containers Including those Place in recycling bin with Straws from drink boxes. with plastic spouts. other containers. Frozen food containers. .` Remove lids. Waxed paper or drink pouches. { . Styrofoam cup s. g Printed on recycled stock V MOVING? REMEMBER THE BIN STAYS WITH THE HOUSE. FO R CALL- 716- 1 Mr. Fontana moved: That the communication from the Commissioner of Public Works, .Parks and Streets, dated September 13, 2011, be received and filed; and That the Mayor anal /or the Commissioner is hereby authorized to enter into a Lease Agreement between the City of Buffalo and .1P Morgan Chase Bank for recycling carts at a. cost of $2,800,000.00, with an estimated monthly cost of $60,000.00 for a four year lease term. Funds for this transaction will be available in the following account, 52002607. 474100. Passed -16- TAB:rmv TA%Yp60 nisNvord\miv\J60- [4a.doc g 1 (Rev 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL. DATE: July 27, 2011 0 0 0 1. i { Of FROM: DEPARTMENT: Public Works Parks & Streets IIE • N: Buil SUBJECT: [: Report of Bids [: City Court Basement Detention Area - Plumbing Job #1043 Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 21; CCP 07/26/11 (EX.: Item No. . CCP ) TEXT: I advertised for on July 11, 2011, and received the following formal sealed bids for City Court, Basement Detention Area, Plumbing Work, which were publicly opened and read on July 22, 2011. Jim Ando Plumbing, Inc. $341,730.00 100 Mildred, Cheektowaga, NY Numarco, Inc. $392,000.00 1021 Maple, Elma, NY MKS Plumbing $396,000.00 19 Ransier, West Seneca, IVY In Item No. 21, CCP 07/26111, the plumbing work for this job was reported as Not to Exceed $450,000.00. I hereby certify that the foregoing is a true and correct statement of all bids received and that Jim Ando Plumbing, Inc., with a bid of Three Hundred Forty One Thousand Seven Hundred Eighty and 001100 Dollars ($341,760.00) is the lowest responsible bidder in accordance with the plans and specifications. recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 34323006 445100 - Buildings. SJSIPJMIJS /dIg cc: Contract Compliance Office J. Jacobs, Buildings _m Department Head Name: Peter J. Merl ®, P.E. Title: C't En ineer — �- Signature of Department Head: r. Mr. Fontana moved: That the communication from. the Commissioner of Public Works, Parrs and Streets, dated July 27, 2011, be received and filed; and That the Commissioner is hereby authorized to order a contract on the basis of the lowest responsible bid to Jim Ando Plumbing, Inc., 100 Mildred, Cheektowaga, NY in the amount of $341,780.00, in accordance with the plans and specifications for the City Court, Basement Detention Area Plumbing Work. Funding for this project is available in 34323006 445100 — Buildings. Passed -17_ TAB:rrnv T:iwp501msword\rmv117c9- 19a_doc e, #" ) 1, * A4 * NO RIVERA R USSELL � � � #3 (Rev 1 -02) 0 0 0 . C Certificate Appointment .. In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) narned in Schedule °A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Public Works, Pare & Streets Division of Engineering to the Position of Associate Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) FOURTH STEP (Enter Starting Salary) : Starting Salary of $66,207 LAST JOB TITLE. Senior Engineer NAME John Bidell LAST DEPARTMENT DPW DATE 8111 ADDRESS 64 Huntley Fed. LAST SALARY 64,301 CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -4743 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13110001 TITLE CODE NO 4050 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2010 -62 SALARY RANGE OF POSITION $60,262 - $70, 926 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 8/18/11 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: sQITY CLERK: (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #6- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET /Y #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) POSITION ALLOCATION MAINTENANCE FORM Title Cheef irVater Pollution Ins attar Department/Division Public Works Parks & Streets Division of Water Mart Date Original PR No. 2014 @65 Title Code No. 4821 Salary . $43,489(Step 4} Budget Function. No. 53003721 - 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 �r � ❑ Other " Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy V&en approved copy is returned, send a copy to Audit along with file maintenance form, City`Clerk and Budget Tune of Apoint�nnent Classification ® Permanent ❑ Exempt ® Contingent Permanent Competitive ❑ Provisional ❑ Non - Competitive ❑ Temporary ❑ Seasonal Date REFERRED To TH Comments ON CIVIC, SERVI Em to ee Inforrttation: Name Brian Lackie SSA 1440 Address 714 Abbott Rd. DOB Ci Buffalo State Now York 7in Code 14220 Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy V&en approved copy is returned, send a copy to Audit along with file maintenance form, City`Clerk and Budget r of ointin Authori Date 1 Si ature of Director of Budget Date :i Si ature of Adm. Director of Civil Service Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy V&en approved copy is returned, send a copy to Audit along with file maintenance form, City`Clerk and Budget V 0002.1. 43 ( -Rev 1 -02) q: Cert ificate i In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or protnotion(s). I fi3rther certit that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Deputy Director of Building Operations Permanent, Previsional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 59,009 LAST JOB TITLE NAME Uzochukwu E. Ihenko LAST DEPARTMENT DATE ADDRESS 347 Minnesota Ave. LAST SALARY CITY & ZIP Buffalo, NY 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 - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13291001 TITLE CODE NO 1550 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2011-21 SALARY RANGE OF POSITION $59,009 - $69,321 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 8/25111 SIGNATURE OF APPOINTING AUTHORITY: ' ORIGINAL + 3 COPIES � .. CI ERK {ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #B- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S1 02- !I POSITION ALLOCATION MAINTENANCE FORM Title Street Worker Department/Division Public Works Parks & Streets Division of Streets Start Date Original PR No. 2010 -15 Title Code No. 5010 j Salary 05971 e Budget Function No, 52002601 - 411001 / Reason for appointment (check one) ® Status Change ® Reinstatement ® Replacement Type of Status Change (check one) T ype of A ointment: ® Permanent ® From Temporary to Provisional ® From Temporary to Permanent ® From Provisional to Permanent 0 From Contingent Permanent to Permanent ® Other Classification Exempt {� Competitive Non - Competitive ® Contingent Permanent ® Provisional Address Temporary ® Seasonal Comments E m to ee Information: Name William Betancourt SS# 7941 Address 71 Knox Ave, DOB city Buffalo __ T _ St _ a _ t _ e __ T New York Zip Code 14216 W Y . r ointing Authori Date Si store of Director of Bud et Date Si ature of Adm. Director of Civil Service 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 W2 POSITION ALLOCATION MAINTENANCE FORIVI Title Truck Diriver T . T Department/Division Public Works, Parks & Streets..Divisio:n of Streets Start Date 91 131 tj Original PR No. 2010101 013'1111502 66SOU Title Cole No. 6021 Salary IZZ ° gip i ? Budget Function No, 15030001411001 Reason for appointment (check one) Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) ❑ From Temporary to Prravisional From Temporary to Permanent ❑ From Provisional to Permanent ® From Contingent Permanent to Permanent ❑ other I lype_ofAppointment Classifi cation ® Permanent ❑ Exempt ❑ Contingent Permanent N Competitive ❑ Provisional ❑ Non - Competitive ❑ Temporary b ❑ Seasonal REFERRED THE COMMITTEE Comments: ON CIVIL SERVICE. Employee_ Information: Name I 7udd SS# 9105 Address 108 Eden St. DOB Ci Buffalo State NeNV' ork Zi Code 14220 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 forma, City Clerk and Budget f nting Authorily Date Si_ gnafura of'Director of Bud et Date Signature cif Ad. Director of Civil Service ate 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 forma, City Clerk and Budget 21 POSITION ALLOCATION MAINTENANCE FORM Larne James M. Wozniak SS# 7962 Title 'frock Driver DOB Date Department/Division �"ublic Works, Parks & Strreet&Division of Streets Start Date � SEP13 # $ 15=4 9 1SINC Original Pit No. 2010 -121 Title Code No. 6021 Salary 3'7 44 Budget Function No. 52002601-411001 .Reason for appointment (check one) Status Change ❑ Reinstatement ® Replacement ❑ Extension Type of Status Change (cheek one) ® From► Temporary to Provisional From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other e of AwDointment Classification 0 Permanent ❑ Exempt ❑ Contingent Permanent Competitive ❑ Provisional Ikon- Competitive ❑ Temporary REFERS -D THE ITT ON L1 Seasonal - co�nr�e�ts IAL BERM Employee Information: 1►_PA Larne James M. Wozniak SS# 7962 Address 27 Lombard St, DOB Date Ci Buffalo State Nevtr York Zip Code 1 4206 1►_PA Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When apprpved copy is returned, send a copy to Audit along with file maintenance forrn, City Clerk and Budget ,A;99&rsR9Poj ntin Authori Date gal Signature of Director of Budget Date v Sign of Adm. Director of Civil Service Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When apprpved copy is returned, send a copy to Audit along with file maintenance forrn, City Clerk and Budget 0 FROM THE COMMISSIONER OF FIRE September 20, 2011 ,,: 000,E SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL T6 THE COMMON COUNCIL: DATE: 8/31111 FROM: DEPARTMENT: 2100 Fire SUBJECT: [:Purchase of Fire Apparatus PRIOR COUNCIL. REFERENCE: (IF ANY) Ex. item No. xxx, C.C.P._xxlxxlxxl The Buffalo Firs; Department has secured $987,655.00 in 2011 capital funding to purchase one (1) aerial ladder /true. The specifications were submitted to purchase and a RFP will be issued shortly. We are requesting approval to purchase this apparatus. SIGNATURE� DEPARTMENT HEAD TITLE: Garnell W. Whitfield, Comm loner of Fire calk Mr. Fontana moved: That the communication from the Commissioner of Fire, dated August 31, 2011, be received and filed; and That the Commissioner of Fire is hereby authorized to purchase one (1) aerial ladder /truck utilizing capital funding in the amount of $987,655.00. Passed _24m TAB:rmv T :Xwp60tinsword\rmv\24c9- 19a_doc * AYE *NO* maj 213- b* 3/4- 7 PROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES September 20, 2011 0002( SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 15, 2011 FROM: DEPARTMENT: Of+4 9d>F ; Hi✓ e ITr'G''fj�Z" P c Y-7 -\> SUBJECT: [: "Ord a €vend -ch 316 Peddling and Soliciting- Mobile Food Well." ( #90 C.C.P. Jul. 26, 201 1) I� PRIOR COUNCIL REFERENCE: (1F ANY) [: Itern No. Ex. f item No. xxx C.C.P. xx /xx /xx This correspondence is in response to the Connnon Council's request for comments and /or recomtnendations concerning item # 90; C.C.P. July 26, 2011 regarding the "Ordinanee Amendment- Chapter 316 Peddling and Soliciting - Mobile Food Vehicles ". The Department Permits & Inspection Services has the fallowing corn€nentslrecommendations with regards to the aforemerntioned communication filed by the Common Council: The Department of Economic Development, Permit & Inspection Services strongly recommends the following changes to the proposed ordinance arnendnnent for Mobile Food Vehicles: ® The Mobile Food Truck ordinance SHOULD NOT INCLUDE nor allow for vending within the "Special Downtown District, Chapter 316 -50". The Special Downtown District has designated and approved vending locations, specific miles and regulations and specific vending fees. Additionally, Buffalo Place Inc. who is contracted by the City to manage vending within the Special Downtown District also has recommended that this district be excluded frorn the proposed ordinance amendment. "Mobile Food Truck" legislation should have Common Council "pre- approved" designated vending sites similar to Common Council approved Taxicab Stands locations whereby licensed Mobile Food Vehicles would be allowed to vend from only those designated Mobile Food Vehicle locations approved. Mobile Food Vehicle Signage could he posted at each approved vending site and enforcement of this ordinance by Buffalo Police and this department would be clear and precise. Mobile Food Vehicle Licensees could be provided with a list of approved vending sites when they obtain a license. This legislation should grant permission for Mobile Food Vehicles to operate only in the Streets of tine City of Buffalo. There is separate and distinct City of Buffalo Zoning Ordinances that governs vending from private property. 9 This legislation should address days and hours of operation that the licensees can vend. This legislation should include a "Fines and Penalties" Section far operating without the required license. This Department recornmends a Class Fine F ($150.00). _g Finally, the Department of Permit and Inspection Services Nvill assist this Honorable Body in anyway necessary to implement this •oposed ordinance a €nendment. N i SIGNATURE DEPARTMEN" EAD TITLE: Commissioner of Per nit & Inspection Services 1 REFERRED THE COMMITTEE O N LECIASLAT v FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS September 20, 2011 0002 YE SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: SEPTEMBER 13, 2011 FROM: DEPARTMENT: ADMINISTRATION, FINANCE, POLICY, URBAN AFFAIRS /PURCHASE SUBJECT: [:VEHICLE TO BE SOLD, TRADED, SCRAPED AND PURCHASE I� [: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ,(Item No. xxx, C.C.P. xxlxx/xx THE DIVISION OF PURCHASE IS REQUESTING PERMISSION TO DISPOSE OF THE LISTED BELOW VEHICLES BY MEANS OF AUCTION, SCRAP, AND /OR TRADE. WE ARE ALSO REQUESTING PERMISSION TO PURCHASE ONE (1) NEW VEHICLE FOR THE DIVISION OF INVENTORY AND STORES AUTOMOTIVE PARTS ROOM AS PER OUR CURRENT CAPITAL. OUTLAY BUDGET. THIS VEHICLE IS USED TO DELIVER AND PICKUP PARTS FOR ALL AUTOMOTIVE GARAGE, WE WILL PURCHASE A SMALL PICKUP OR SUV, WHICH EVER IS MOST COST EFFECTIVE UPON YOUR APPROVAL. THIS VEHICLE IS REPLACING IS -2001 WHICH 1S LISTED BELOW. P034 2000 FORD PO46 2000 FORD P -054 2000 FORD P095 2000 FORD P -101 2001 OLDS P120 2001 FORD P -138 2001 OLDS P150 2001 FORD P171 2001 FORD P185 2001 FORD P198 2001 FORD P202 2002 DODGE P203 2002 OLDS P -320 2003 FORD P381 1983 CHEVY P/U P -392 2003 DODGE P393 2003 MERCURY P433 2004 FORD CV P435 2004 FORD CV P445 2004 CHEV SUB P616 2006 FORD CV P618 2006 FORD CV P619 2006 FORD CV P620 2006 FORD CV P635 2006 FORD CV P640 2006 FORD CV P641 2006 FORD CV P644 P646 2006 2006 FORD CV FORD CV P745 2007 FORD CV PAGE 1 OF 2 P750 1997 PONT TRANSO P775 2007 FORD CV P861 1988 GMC P/U P -901 1999 JEEP P902 1989 CHEVY CUBE VAN P903 1999 CHEV SUB E P904 1999 CHEV CAV P926 2009 FORD CV P955 1999 FORD TAURUS P982P 1998 CHEVY TOW TRK P999 1999 BMW 7401L BMHA1 1993 KAWASAKI -603 MOTORCYCLE BMHA.2 1993 KAWASAKI -615 MOTORCYCLE E -570 1989 FORD DUMP E -603 1994 CHEV DUMP E -578 1990 FORD PICKUP E -597 1993 CHEV SUBN E -575 1990 FORD SUBN E -573 -T 1990 FORD GMC PU E -556 1986 GMC DUMP -AGED E -550 1985 GMC DUMP -AGED E -547 1984 GMC UTILITY BDY SC -023 1995 FORD SUBN -R SC -025 1997 DODGE SUBN SC -026 1996 FORD SUBN IS -2001 2001 FORD VAN F -156 1994 CHEVY VAN- T F -168 1999 FORD CROWN VIC F -193 1993 FORD VAN F -202 2002 MERCURY SABLE F -306 1987 PIERCE PUMPER F -309 1987 PIERCE PUMPER F -310 1994 PIERCE PUMPER F -311 1994 PIERCE PUMPER F -312 1994 PIERCE PUMPER F -313 1994 PIERCE- PUMPER PW -37 1998 CHEV DUMP 5 -27 1996 VOLVO DUMPS 5 -28 1996 VOLVO DUMP 5 -29 1996 VOLVO? DUMPS 5 -134 1998 PETERBUILT PACKER 5 -135 1998 PETERBUILT PACKER 5 -133 1998 PETERBUILT° PACKER 5 -247 -B 1994 DODGE VAN RUSTED 5 -244 1993 CHEVY 5 -10 PICKUP 5 -266 . 1983 GMC C STAKE TRUCK GEM ELECTRIC CARTS VARIOUS GEM- 01,03,04,06,08,PWG- 05,06,07, 08, 74,62 TO CLOSLY FOR BATTERIES UNCLAIMED ITEMS FROM BURGLURY TASK FORCE VARIOUS METALS, METAL RIMSIT"IRES, METAL BUCKET, SIGNATURE ®EPARTMENT HEAD TITLE ASSET # YEAR MAKE P034 2000 FORD CV- FRAME ROTTED, 110470 MILES, AGE PO46 2000 FORD TAURUS- AGE, 136000 MILES P -054 2000 FORD TAURUS- FLOOR ROTTED, AGE P095 2000 FORD CV- COLLISON DAMAGE, AGE P -101 2001 OLDS MILEAGE,AGE P120 2001 FORD CV- AGE, 125000 MILES P -138 2001 OLDS MILEAGE, AGE P150 2001 FORD CV - AGE, NO BRAKES NO A/C, 118000 MILES P171 2001 FORD TAURUS- AGE, 100000 MILES P185 2001 FORD TAURUS - AGE, 117000 MILES P198 2001 FORD CV- OLD K -9 CAR (SMELLS), AGE P202 2002 DODGE CARAVAN - RUSTED, TRANSMISSION P203 2002 OLDS AGE MILEAGE P -320 2003 FORD TAURUS ,BODY RUST MILEAGE P381 1983 CHEVY P /U- AGE, CONDITION P -392 2003 DODGE MILEAGE, TRANSMISSION P393 2003 MERCURY - MILEAGE, BODY P433 2004 FORD CV- COLLISION, AGE P435 2004 FORD CV-AGE P445 2004 CHEV SUB, MILEAGE TRANS P616 2006 FORD CV- AGE, 104000 MILES P618 2006 FORD CV- COLLISION, STRIPPED P619 2006 FORD CV- AGE, 120000 MILES, BAD INTAKE P620 2006 FORD CV- AGE, 108000 MILES P635 2006 FORD CV- AGE, 100000 MILES P640 2006 FORD CV- AGE, ELECTRICAL PROB P641 2006 FORD CV- AGE, 108000 MILES P644 2006 FORD CV - AGE, 100000 MILES, ELECTRICAL PROB P646 2006 FORD CV- AGE, BAD MOTOR P746 2007 FORD CV- MAJOR COLLISION DAMAGE P750 1997 PONT TRANSO AGE MILEAGE P775 2007 FORD CV- MAJOR COLLISION DAMAGE P861 1988 GMC P /U- AGE, 182000 MILES P-901 1999 JEEP AGE, ENGINE P902 1989 CHEVY CUBE VAN- AGE, CONDITION (RUST) P903 1999 CHEV SUB AGE MILEAGE P904 1999 CHEV CAV P926 2009 FORD CV- MAJOR COLLISION DAMAGE P956 1999 FORD TAURUS- AGE, FLOOR ROTTED, 115000 MILES P982P 1998 CHEVY TOW TRK- TRANSFERRED TO DART ST P999 1999 BMW 740IL- AGE, 120000 MILES, NEEDS TUNE UP BMHA1 1993 KAWASAKI -603 MOTORCYCLE - AGE BMHA 2 1993 KAWASAKI -615 MOTORCYCLE - AGE GEMS ELECTRIC CARTS GEM- 01,03,04,06,08,PWG- 05,06,07, 08, 74,62 TO CLOSLY FOR BATTERIES UNCLAIMED ITEMS FROM BURGLURY TASK FORCE VARIOUS METALS, METAL RIMS, METAL BUCKET, E -570 1989 FORD DUMP E -603 1994 CHEV DUMP - RUSTED NEEDS ENGINE E -578 1990 FORD PICKUP - RUSTED NEEDS TRANSMISSION WORK E -597 1993 CHEV SUBN- RUSTED FRONT END DAMAGE E -575 1990 FORD SUBN - RUSTED NEEDS ENGINE WORK -573 -T 1990 FOND GMC PU- RUSTED NEEDS TRANSMISSION WORK E -556 1986 GMC DUMP -AGED NEEDS BATTERIES E -550 1985 GMC DUMP -AGED NEEDS BATTERIES E -547 1984 GMC UTILITY BDY- AGED NEED BATTERIES SC -023 1995 FORD SUBWWONT PASS INPECTION TO COSTLY TO REPAIR SC -025 1997 DODGE SUBN -AGE COST OF REPAIR EXCEEDS VALUE SC -026 1996 FORD SUBN -RUST NOT SAFE IS -2001 2001 FORD VAN -REAR END RUSTED TRANSMISSION F -156 1994 CHEVY VAN - ENGINE SHOT BODY ROT F -168 1999 FORD CROWN VIC ENGINE SHOT FRAME ROTTED F -193 1993 FORD VAN BODY ROT, FRAME ROTTED F -202 2002 MERCURY SABLE ENGINE SHOT F -306 1987 PIERCE PUMPER FRAME AND BODY ROT HIGH MILEAGE F -309 1987 PIERCE PUMPER FRAME AND BODY ROT HIGH MILEAGE F -310 1994 PIERCE PUMPER ELECTRICAL PROBLEMS HIGH MILEAGE F-311 1994 PIERCE PUMPER RUSTED FRAME NIGH MILEAGE F -312 1994 PIERCE PUMPER MECHANICAL PROBLEMS RUSTED FRAME, HIGH MILEAGE F -313 1994 PIERCE- RUSTED FRAM, HIGH MILEAGE PW -37 1998 CHEV DUMP RUSTED /AGE S -27 1996 VOLVO DUMPS- RUSTED NEED REPAIRS S -28 1996 VOLVO DUMP - RUSTED NEED REPAIRS S -29 1996 VOLVO DUMPS - RUSTED NEED REPAIRS S -134 1998 PETERBUILT PACKER - RUSTED NEED REPAIR S -135 1998 PETERBUILT PACKER- RUSTED NEED REPAIR S -133 1998 PETERBUILT PACKER -RUTED NEED REPAIR S -247 -B 1994 DODGE VAN RUSTED, BODY DAMAGE, DOESN'T RUN S -244 1993 CEHVY S -10 PICKUP RUSTED DOESN'T RUN S -266 1983 GMC C STAKE TRUCK RUSTED, AGED Mr. Fontana moved; That the communication from the Director of Purchase, dated September 13, 2011, be received and filed; and That the Director is hereby authorized to dispose of the above vehicles by means of auction, scrap, and/or trade. The Director is further authorized to purchase one new vehicle for the Division of Inventory and Stores Automotive Parts Room as per the current capital outlay budget to replace Vehicle IS -2001. Passed -26_ TA%vp60Vnsword\rmvU60- 19& doe AYE NO maj �- 5 2B - 6 3/4- 7. EO'ANA FRANCZYK GOLD E HEARNS LOCURTO PREDGEN RIVERA RUSSELL �% FROM THE CITY CLERK September 20, 2011 Liquor License Applications 00028 Attached hereto are con ununications fiom persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. f Address Business Name Owner's Name 95 Perry St Lagerhaus 95 884 Main 5t Roxy's 555 Linwood Thirsty Buffalo Bar & Grill 226 Condon Ave The Cro RECEIVED AND PILED 95 Perry Restaurant, LLC TuJu Girl, Inc Chris Debernarois The Cro Club i STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION Ol: A€.COHOL,IC BEWRAGE CONTROL STATE LIQUOR AUTHORITY Stmidardibed lY{)�'IC� ® _fl for Pmvidipg a 34 -Dan Aduatice rilntiee to a Ltttat Murt'sei alih ar Cum unity �i Ilrti to crnnalian 3rwr d+esubmisston la the State Yquor.1 whorio ofa (ellec 6 one New A lic� Renewal Application El Altct°afit�z� .A: li��ion 4aran rem' #eohdl'eBauera E 1. Date the original copy of this Notice was mailed to the Local Municipalkyor Community Board: ® 2 0 THIS 30 -DAY ADvAlslce NoTice IS BEING PROVIDED TO THE CLERK OFTHE FOLLOWING LOCAL muNICIPAIATY OR COMMUNITY BOARD 2. Name or the Local Municipality or Community Board: T OF tgffi�NGALL Ll LA L �i FOR NEW APPLICANTS, PROVIDE DSSC£s.IM IgIs W INFORMATION RIiOWiY TO DATE VOR ALTERATION APPLICAN", ATTACH COAWX=E DESCRI[MOA AND DIAGRAM OV PROPOSED ALTERATION(s) FOR CURRIINT LICENSEES, SET FORTa APPROVED IMTHOD OF OPERATION ONLY DO NOT ELSE TIMS-FOl RN TO CEi#lIYOZ Y0 A3 TBOTf OF € PERATION 3. Typetsl of alcohol sold or to be sold under the license Beer Only 1 E Wine and Beer Only I Liquor, [Vine, and Beer (� ne: a Restaurant (Sale of food primarily, Full food menu; Tavern / Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarily- pe.stablisbment: lUtchen run by chef) meets Ic�I minimum food availability requirements) S' Live Disk .Luke Patron Dan ng Cabaret, Night Club, Discotheque Capacity for 600 Hotel tge Scale Dance Club) El or more patrons 1 - 1 19 btus€c Jockey � Box 11 (Small Scale) 11 � 00P l • 47M 00W40M Club (e.g. Golf % Bed B Catering Karaoke Stage Topless Recreational Facility Facility Bar shows Entertainment (Sports Facility /vesseg die[ apply) Fraternal Qrg.i Breakfast 6' Licensed Naat Rooftop, Patio Freestanding Garden I Sidewalk D Other El 11 outdoor area: Deck Covered. Structure Grounds Cafe (Specifyi: T. Wilt the. license holder or a manager be physically present within the establishment during all hours of operation? YES 0 NO 8. License serial number: A P PL ( 9. Espi[ation Date: 10. The apple €cant's or license holder s full name, �iN r l �C appears or will appear on the lice r T"'a vi e� 1 1. The trade name, If any, under which the establishment conducts or will conduct bualness 12. The esta$1 €shmentis lacatrd within the building which has the=follmving sweet address: #� '5— n� 13. City, Town, or Village: - NY Zip Code: 14. The establishment is located on the following Iloor(st of the building at the above address ; — o 0 I — is. Within the building at the above address, the establishment is located within the rooms) numbered as follows: M. Business telephone number of applicant /licensee: - IT. Business fac number of applicant /licensee: 1" '? - T�f:lf. i8. Business c- mall address ofappllcant /licensee: Does the applicant or license holder If IYES', 810P items No. 20 - 23. If `NW, ANSkVCR items No. 20 -23, I9. o the building in which the wn Complete the 3 entries and complete the 3 entries �£%� ® D ® establishment is located? ('W' ne at Item No. 24. at Item No. 24. OWNER OF THE BUILDING IN WHICH THE LICENSEb IrSTP.I3Lmlv;ENT is LOCATED 20. Building owner's full name is �r 1 "°� ( 4 4 C 21. Building owne�st—met ddress: ° f � + .� 22. City. Town, or �� Zip Cade: 23. Business telephone number of building owner. I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are In conformity with representations alfide in submitted documents relied upon by the Authority when granting the license, € understand that repressntatlar s made in this ra€m will also be relied upon, and that Use representations mgky result: in disapproval of the application or revocation of the license. 24. By rtty signature, I WIM-- under Penalty a£Pesjary -that the representations made' s fa true. hinted N=z ( \`�/� Tale i�.�. a&a. . .Sruurlualfyetl NU_— 1'tC� (3tjt11 jarl'ravlding 2 STATE OF NEW YORK 3 vance Yati a rn u I.oc�leiVtunirinality or C gym . a - EXECUTIVEI)EPARTMENT illC 0+ ecrfa "Ph the xubolii 6mr.rihe,S iel� rrur Fr,ilriii JA VISION OF ALCOHOL ICDEVERACECONT12QL Y Yrja�Cl CffOttB New A' Ilcat1fln [�'Rcie:vil A " licatifln o STATE I:[QUOR AU i tfORfTY _ t 9 � �� Alteration A licatic>rt G ��� I Fg�s1.n On•Premisesrllcoholfc lirvvraam t+ 1 Date the original copy of this Notice was mailed to the Local Municipality or Community Board ? o - - - '" - •'•. °, , . : ...:c �.�' „ y ��I:CiQ LRCflI hlUNICIT�h�Oi; CO ?. "1lJFV $ � � q 2. Name Of the Local Municipalit or Community B t•IC}t oard t �+ y � .� w all cI t- �L_.ft� L • .. • . -lF, - • -ibx.3 -v rnurc�bt�.il AL t'E F2AT isY(�t_ r ". q,. xi 3 TYPOS] of afctihol sold of to lx sold under the license 13cer Only ( I Wine and [Seer Only L Beer ------------- --- - -.�._ extent of 4. food service: Restaurant iSalc of food primarily; Full Food merni Tavern y Cocktail Lounge ] Aittjll Venue / fl lr Kitchen run by chef) l sales primarily _ meets legal minimum food .w:;.t;ibilit }• r =,i, rer:c ,•s) 5. Type tt establishmen �f � if [ [ ( ive Disk F Jukc t: f I Hotel I rG{"' lull Pa[ran Dancing ❑ (:,sl;irct. N CIu1r. 11t„-r >�:. ��Jt l_. 1 Music Jockey Hox �($ma]E Scale ) Il.;er:,� $r�i1i' d Capacity for lt;:ncc ( •X• all Club ic.g. calif 1 Bed Nc Catering � Karaoke that apply) Fraternal Or Stage ❑ f,iplcs> g•) Break €alai Facility Bar or more patrons Recr 1'.it €Clot: [S::IL's:l ty / Facility _] (Sports Facility /Vessel) 6. Licen3cd atio outdoor arem: None Rooftop Freestanding Garden f �. tinli•K E.i: El or Dee Covered Structure :Other -E (:rasrnrly t _ (Specify)' 7. __ Will the license holder Or a manager be physically present within the establishment d r -- gall hours of aprranc n ( QDe}: YES � NO 6 . License serial number: - __ - y p ---+- - 4. Expiration Date: - ld: The Rppiicant's Or license holdor's full name, as it appears or will appear on the license: J C I € The trade name, if any, under which the establishment —f conducts or will conduct business: � � L i 12 The establishment is located within the building -- - which has the fnilowing street address: ZEE i 13. City, Town, or Village; T_ - iA NY 14. The establishment is located on the following ffooris) of the building at the above address: 15• Wifthin the building at the above address, the establishment is located within the f numbered as folt —s• .� 16 Business telephone Fulfil r of appi can t/ li nsee: '••7 - _ / _ 3 i 17. Business fai rnumbcr of applicant /licensee: - -• IS- Business email address Of applicant /licensee: - Dots the applicant or license holder IF'YES', SKIP items Na- 2Q -23. !9. own the building in which the Complete the 3 entries / :R items No. 28.23. establishment is located? at Item No. 2C ILs°X7 -tc the 3 entries m-1 24 - �r �+� k3 i,r s N �` i i PHF:BC31 INC1 EAI TFIULfCL •. SIytT ESTAl3[ €S1tMENT IS LO ri r: r] 20 Building owner's full name is: ((�� �s 21 Building owner's street address: ILL 22. City, Town, or. Village: c"± P " t t� 23) Business telephane numhcrof building owner —3 i } F L - art )`ek- :rffilj�sl ix`'1' ']S. ar 'l �� E am a ic[3rt arfho�d the l ce{ se ar �rri a pnRi ip�ai of the cgaE entity {hat -hq(ds or is apylYing fn `tlse 1, eEr, •- I t) :.:...:... ra' mseFitaupns mad In subtitit c U., of l r4)licd u n b >h" Autfiarit' wh n cart f� Y. S the- hcensc l are m ¢np t7nit ,>yith ' 4 Y 9 g -Ing i u ,. F resr�:.•. a t h Ful40 raprese taranns a resul in dr; &i of ttie n Ir t - tri is th will eJ snthc S , ,.. u ,.r 24. - by.my signature 1_al6 �ilnr�or^ Peftei..oirerJt try.:" tha(i.he n.a:fe in rl.;v form N L4 hl Gi 'Z C 1L )0C�l Tull, �f. ( -11 STATE OF NEW YORK Standerdrxed AI�TIT)i ©N APPI ICA Tt(lN NQ3ICE T+QIiM for Providing a .- , t. h. + E l xR C1ITIVE tJEPARTMENT 3D Advance. _Nae to n Local ItMunlsinallty or. C ©mmunttF3ot2rtl DIVISION OF ALCOHOLIC BEVERAGE CONTROL in cannecdon iffth the submwion to the Stale Rquor/lnihority ofthe _ £ n STATE LIQUOR AUTHORITY Apotieation for Perinission to Make AltertYlr©us for the Fstablh nent Identified in this Notice 1. 1 Date the Original copy ofthis Notice was Mailed €o the Local Municipality or Community Board: y 0 THIS 30 -DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERK OF THE FOLLOWING . LOCAL MUNICIPALITY CIPALITY OR COMMUNITY BOARD: 2 Name ofthe Local Municipality or Community Board; 3, Street Address o£Looal Municipality or Commutti Huard: 4. City, Town or illage: NY Zip Coda: #�� 5 Telephone Number of Clerk ofLacal Municipality or Community Board: ] L APPLICANT INF€;JRMATION . 6. Applicant's Full Name as it Appears on the License Certificate: License Serial No. c t W 64t t - �. Street Address of Premises A ' W V ve— ity, T r VillagerZip Co (�)j � V '._ l � County Lw _ Telephone No. y' C .K� V a ,q'i Type(a) of Alcohol Currently Sold under the License: ❑ g. C X' one) Beer Only Wine and Beer Only i nor, Witte and Beer PROPOSED CHANGES /ALTERATIONS . . Lchech One 1&ubslantial Alteration Any eolargemeu€ or contraction ofa licensed premises. Any physical changes to the exterior, that bwolves the creation or relocation of any window or door, and any interior changes afphysleal structure. Any change in slZe or location of bar, or dining and kitchen 9. fac'slities. or ® Mittor Alteration One costing and valued at less than ten thousand dollars, which does not affect the material character or physical structure tbatoxisted at the time of licensing, tD. Where will the Alteration be confined to? �°[ (` j €erior erior teriorandExterior if in €eriar, wilt the Occupan, change? Yes No If Exterior, do you plan on uti Ang outdoor areas? If Yes, which outdoor area? Cbeck One 1t. Yes arNo El Rooftop ® Patio Deck ® Freestanding Covered Structure GaMentGrounds Other or Is a Building Pormit reiluired for this type of Alteration? Yes o No If so, has permit been applied far. Yes o No 12. Will any entrance o ofpremises as altered be within 200' ofthe entrance to a school, church or synagogue or other place Yes Witt there be a ch f address upon completion of Alterations? YesN 13. ofworship? .19 Ara there any known limitations by the County or Municipality for this type of Alteration? Yes No Is so, what are they? 14. ATTORNEY OR REPRESENTAME REPRESENTING THE.APPI ICANI' IN CONNECTION WIPII THE APPLICANT'S. APPLICA'T'ION FOR THE ESTABLISHMENT IDENTIFIED IN TMS NOTICE 15. Attorney's Full Name is: try . K) oc 16. Attorney's Street Address: City, Town or Village: Business T le-phono Number. c, t 1°o T—u t" �t A n ^..i�*.6 � P� 1 (rr� I am the Person who holds the: lieme or i ern a Printipxl of theLegal Entity that will hold.the License. Representations in#his form are in fWl confoitnity with representations made in d€ cements that have been submitted {or dotuments that Witl submitted) to the State Liquor Authority and relied upon by the Authority. I understand that representations matte in this form will also be relied upon by the Authority and that false representations in any document Submitted to the Authority may 4 . result in i of any license that maybe issued. B m si ature t affirm -under Penalty of Peru -that the represe made in this forni are trite. Printed Name ,C Title Signature pop- t,q THIS 30- 1)AY:ADYANCE NOTICE f$ T3ElNG T'KOVII?ED TO T HE CliEftlC OF TEIE FOL1t)W1NG 1 E3A1 MUNIG.tPl1LlTY (3I2 COIAt�lilN1TY BOARD i ~ tsA $r c#I4t8 ' (3[lTp1 A a 9N r ]7RF y ' STATE OF NEW YORK DO Mlyr g > � EXECUTIVE DEPARTMENT Type(s) of alcohol sold or to be sold under the license DIVISION OIFALCONOL1C BEVERAGE CONTROL STATE LIQUOR AUTHORI'T'Y slartdardraed NQ MV0RM forProvidiuga 3{i:M Advaece Noff- to a I tical ltTutlit l lily or Comwllttit� f3o� in comleetiwt With the aubmMall rathe &are Liqua"atlnfety afa (C)teCA sqn–je ` J New Application Renewal A lication © ° J - -` ` y Alieratian An�licatia>n for an n-Pmugus Alcoholic H"e a License I. Date the original copy of this Notice was mailed to the Local.Municipality or Community Board: 2 4 THIS 30- 1)AY:ADYANCE NOTICE f$ T3ElNG T'KOVII?ED TO T HE CliEftlC OF TEIE FOL1t)W1NG 1 E3A1 MUNIG.tPl1LlTY (3I2 COIAt�lilN1TY BOARD 2, Name of the focal Cv1un cipality or t omruuulty 13oar�t: Qll�� tsA $r c#I4t8 ' (3[lTp1 A a 9N r ]7RF F OR AL ltA7iON Ake# TCANIV ATTACIR Co b l Iox "AND;T3IAt A) tali F RQP43B 1 AT 1F A YIflI{(8) PXM I T( Falb) , €a. 3MM ari 0 ; 3 ATIOli ony DO Mlyr g > � 3 Type(s) of alcohol sold or to be sold under the license Beer Only Wine and Beer Only Liquor, Wine, and Beer I e: Extent of food .Restaurant (Sate of food primarily; Full food menu; Tavern / Cocktail Lounge J Adult Venue / Bar [Alcohol sales primarily – 4. service: Kitchen run by chef) meets legal minimum food availability requirements) ( 1 $ 6nC Type of Live Disk Make Patron Dancing ® Cabaret, Night Club, Discotheque ❑ Capacity for 600 Hotel Scale Dance Club) or more patrons establishment: Music Jockey Box (Small Scale) (Large C� l that To CIuU e.g. Golf Bed 8 Caterin ]Caraoke Recreational Facility ( / g iris Restaurant (Sports Facility/Vessel) Breakfast Facility Bar apply) t I Fraternal Or) Ent. � 6 ' Licensed Patio Freestanding Garden / Sidewalk Other None Rooftop Cafe ❑ outdoor area or Heck Covered Structure Grounds [Specify]: 7. Witt the license holder or a manager be physically present within the establishment during all hours of operation? [ 'IV ono: YES ® NO 8. Ys4 tks em Yea i� Ya✓ License serial number: 9. Expiration Date: 10 ' The applicant's or license holders full namc, as it a t "" appeals arwill appear on the license: T 1. The trade name, if any, under which the establishment conducts or will conduct business: 12 ' The establishment is located within the building A which has the foltowing street address: y 13. City, Town, or Village: p Zip Code: : 14. The establishment is located on the following floor(s) of the building at the above address: $ is. Within the building at the above address, the establishment is located within the room(s) numbered as follows: x- 15. Business telephone number of applicant /ileenseeEEE 1 7. Business fax number of applicant /licensee EE- 18. Business e-mail address of applicant / licensee: n Does the applicant or license holder if `YES', SKIP items No. 20-23. if 'NO, ANSWER items No. 20 -23, 19. own the building in which the ® Complete the 3 entries and complete the 3 entries NO Item No. 24. establishment is located? ('3Pgry2l at item No. 24. 411V at OWNER OF T}[E:T3UILDING 1N 1' RICH THg LICENSED F5 ABLISHMENT IS LOC . 201 Building owner's fail name is: _ 3 - 21. Building owner's street address: s 22. City, Town, or Village: Zip Code' 23. Business telephone number of building owner: t appilcant or hold the license or am a principal of the legal entity;that hoids e ;llcettsa.:Ttepresentaaans in thfs form are.in onnfortnity with I aht tha or is apptying forth t epresentatlons made in submitted documents reIIed upon -hy the Authority Whet granting the license. l understari t that repr ntalions made in this form will also relied.t pon, and that false'represeutations rnay;sesult tn.i[lsapprovaI .qr the application orrevocation_of the bicxpse. 24. By: my slgrtature,l aIl't7tn – under ]Penity af.R"axJury' °that the represenFatigns made [n t 's forir are true.. a Ri.i.d N iigg a l V vo Y 4 i � No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Horne Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND PILED 91-Y September 20, 2011 #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE _September 7, 2011 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on September 7, 2011, in Room 1035 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman John E. Kennedy, Jr., Assistant Secretary Absent: Eleanor C. Wilson- DiVincenzo, Secretary DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: 000 No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. September 20, 2011 #3 (Rev 1 -02) fit 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 promotion(s). 1 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: in the Department of Division of to the Position of Tq(9 I � Public Works, Parks & Streets Laborer If Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (,Enter Starting Salary) : Starting Salary of: $ 11.87 hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Timothy Barrett DATE ADDRESS 126 Hollywood Ave. CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX - -4347 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. X XX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1 TITLE CODE NO 9924 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 9111111 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL ¢ 3 COPIES TO:. 'CITY CLERK .. ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #S- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEn #3"(Rev 1-02) � Certif In compliance with provisions of Section 24.2 of the Chapter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hunan Resources /Civil Service for the Appointment Effec&7 q j j in the Department of Public Works, Parks & Streets Division of to the Position of Streets [IM1 Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert arse) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT jEnter Starting Salary) : Starting Salary of $ 1 1.87 hr. LAST JOB TITLE L4S1" LEPARTMENT LAST SALARY NAME Mantis Loder DATE ADDRESS 12 Oxford Ave. CITY & ZIP Buffalo, NY 14209 LAST 4 DIGITS OF SSN. XXX - - 5179 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SS X XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030009 BUDGET ACCT. OBJ. 412002 PROD. ID SALARY RANGE OF POSITION - $11.97 REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO 9624 PERSONNEL REQ. NO 2011 - 009 PER YEAR DAY HOUR HOUR NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 8130/11 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY RK . ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #S- DIVISION #90- #13 (Rev 1 -02) Certificate a In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or proanotion(s). I further certify that the person(s) naaned in Schedule "A" have been certified or approved by the Hunan Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Streets Laborer tl Permanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of 11.67 hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jamie Smith DATE. ADDRESS 6 Richlawn Ave. CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -0552 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 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ, 412002 PRO.J. ID PERSONNEL REQ. NO 2011 -003 SALARY RANGE OF POSITION $11.67 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 9111111 . SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: 4ffY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #S- DEPARTMENT #9- DIVISION #10 _I MP[ OYEZ (S) 00031 {y 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. L September 20, 2011 #3 (Rev 1-02) Certi ficate Appoint �� 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 prornotion(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 1 , Appointment Effective: 1 in the Department of Public Works, Parka & Streets Division of Water to the position of Account Clerk Typist Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM Enter Starting Salary) : Starting Salary of $ 31,754 LAST JOB TITLE NAME Rachel Keller LAST DEPARTMENT DATE ADDRESS 34 Norwalk Ave. LAST SALARY CITY & ZIP Buffalo, NY 14296 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 63003611 TITLE CODE NO 0401 BUDGET ACCT, OBJ.. 411001 PROD. ID PERSONNEL REQ. NO 2010-154 SALARY RANGE OF POSITION $31,754 a $35,127 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissions �..0 • p DATE: 8126191 "x SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL, + 3 COPIES f O: QH_Y E LE : ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: 95- COMPTROLLER - HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NONOFFICIAL COMMUNICATIONS September 20, 2011 MONTHLY WATER BOARD REPORT August, 2011 Buffalo Water Board Chairperson: 01uwole McFoy Vice Chairperson: Donna Estrich Member: Gerald E. Kelly Member: William L. Sunderlin City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak City Engineer Peter Merlo RECEIVED AND FILED 000 E Memorandum To: I 4puty Cit-Y Cl ins l - From: Program Packaging and Development Services (PPDS) Provider Date: September 13, 2011 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 12, 2011: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated August 8, 2011 1 Fully Executed Phase N Application and Certificate for Payment No. 37 — July 2011 4. Fully Executed Phase V Application and Certificate for Payment No. 20 — July 2011 5. Phase IV Application and Certificate for Payment No, 38 _ August 2011 6. Phase V Application and Certificate for Payment No. 21— August 2011 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bcvlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase IV Project — July 2011 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV— July 2011 REFERRED TO THE SPECIAL COMMITTEE ON EDLJ ATION ic �w ] 0�2V C,L s 1 C' F .� 0 0 0 34 = ( City of • J OSEPH GOLOMBEK, JR. N ORTH DISTRICT C OUNCIL MEMBER 65 NIAGARA SQUARE, 3502 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851-51 September 8, 2011 Gerald Chwalinski Rm. 1308 City Hall Buffalo, NY 14207 Dear Gerald, �1 Irv. LEGrsl_AT AssAssisTA TIMOTHY VON DER EMPTEN SANDRA SATTEL COMMI TTEES COMMUNITY DEVELOPMENT LEGISLATION MBEC WATERFRONT I ask that you file the attached letters about issues with National Fuel my office has received from Mr. David Jaworski and Ms. Cynthia Bogar, for discussion at the Common Council meeting to be held on September 20, 2011. I thank you for your time and assistance in this matter. If you have any further questions, please feel flee to contact me at 851 -5 116. Sincerely, Joseph Golombek Jr. North District Council Member JG /tjv REFER RED, TO THE COM ON L E i�)-AT10N 09- 07 -'11 13;05 FROM -- `' -159 P0002/0002 F-M238 ' Augpst 24, 2011 !tae Golombek: Buffalo Common Council: Regarding National Fuel Gas. My name is Cynthia Rogar. I reside at 17 Hunt Ave. This past winter national Fuel put outside meters on my street. The work crew had been told several times by myself and my daughter in -law Rose that I have health issues and am disabled. They assured us both on several occasions that I would be given advance notice when they would begin work at my home. This would be so that Rose could be at my hone to let them into the basement as well as to let them in my neighbor's home as he was at work. My neighbor resides at 13 Aunt Ave. right next door_ !Nell as it turned out they did not give me advance notice when they started the work. I had to make phone calls to get my daughter in "law to change her plans so she could be there to take of the situation. Once again we were assured by National Fuel that we would be given a one day advance notice of when they would shut the gas off to complete Work on the rest of the street. I made sure the work crew knew I was disabled. Once again I did not receive any notice. They turned off the gas for several hours and I was alone in my home with no Heat in late December. My house was very very cold. They did not come to my door until they needed access to gee in to turn everything back on. My daughter in -law was unavailable. I had to call my neighbor at work so he could arrange for someone to come and get a key to let them In his house. They had to climb over the back gate in my yard to get access to my basement. did Call National Fuel to file a complaint about them not giving us advance notice that we were assured we would get. This made the whole process more difficult than it had to be. I hope National Fuel has a better plan in place so that other people with disabilities will not have to deal with this lack of consideration. Thank You for all you are doing about this matter. Cynthia Bogar 17 Hunt Ave. Buffalo N-Y. 14207 09 -07 -' i1 13:06 FROM- T -159 P0001/0002 F --288 Buffalo Common Council: Joe Golembek: In December of 2010 National Fuel began the process of installing new outside gas meters on Hunt Ave. When this process was complete in January of 2011 my front lawn was dug up and left with piles of mud and clay. Also the area between the sidewalk and the street was left with a 5 foot long by 3 feet wide by S feet deep gale. This Bole was covered with plywood that extended into the street and onto the sidewalk. People of normal intelligence do not have to be told what a potentially hazardous and dangerous situation this can be during a Buffalo winter. National Fuel on the tither hand did. It was not until the end of May 2011 after I filed a complaint with the New York State Public Service Commission that National Fuel had the plywood removed and the hole filled. My front lawn was still dug up and covered with piles of clay and mud as well as the area where the hole had been - No restoration had begun. I had to file another complaint with the Public Service Commission in June to get National Fuel to begin the restoration process. Their efforts to say the least fell well short of restoration. I was still left with a lawn that was covered with mud and clay. I had to file another complaint with the Public Service Commission in duly of 2011 in order to get some sort of satisfaction from National Fuel, National Fuel assured me restoration would be completed. it has not yet been completed as August 29 2011. I was also made aware of a situation by my neighbors on Hunt Ave, where restoration at their Domes had not taken place that the only way to get results from Nation Fuel was to complain on an individual basis. Also I was told by National Fu el.re- presentative s from their {duality Assurance department that there are only two people in the entire department, if this is indeed true I am very confused A multi Billion dollar Corporation with only two people in a Quality Assurance Department. That pretty much says It all. I would like National Fuel to answer the following.questions. Was it National Fuel's intent to create and leave a potentially dangerous and hazardous situation on Hunt Ave? Why has it taken multiple complaints to the Public Service Commission to get a response from rational Fuel for work they should Have completed without question or complaint? David Jaworski 13 Hunt Ave. Buffalo N.Y. 14207 Q 0 03 T1 1je d .s MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE. 1401 CITY HALL 13l FFALO, NY 14202-3318 PHONE: (7 16) 851 -5169 o FAX: (71 6) 85 1-4294 E -mail: m,�aamsCcityuifllo,cna7i TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: September 15, 2011 Future of E.M. Cotter, Buffalo's Fireboat CHAIRMAN. FINANCE TRANSPORTATION' WATERFRONT DEVELOP341£'T COMMITTEES BUDGET BURR CIVIL. SERVICE CLAPAS LEGISLATIVE ASSISTANTS MARTHA rML)RPHY KELLY M. KRUG MATFFIEW FISFIER I would life to file the attached information for the next Common Council meeting to be held on Setember 20, 2011. Thank you 'Tor the People' Mur it Aarti From: michael higgins [michaeljhiggs @live.com] Bert: Friday, September 09, 2011 1:16 PM To: Stepniak,Steve; Councilmember Kearns; Councilmember Franczyk Subject: FW: The Future of The E.M. Cotter, Buffalo`s Fireboat From.f; To: _� _ _ Subject: The Future of The E.M. Cotter, Buffalo's Fireboat Date: Fri, 9 Sep 201111 -0400 To: Buffalo Mews Editorial Hoard Re: Future of The E.M. Cotter, Buffalo's Fireboat Three years before Orville and Wilbur Wright made their historic flight at Kitty Hawk, Buffalo's fireboat, The Cotter, began her 100 -plus years of fire protection service to the City of Buffalo, It's people, and properties along our, shoreline. In 1996, The Cotter was designated a National Historic Landmark, making all Buffalonians proud. I was privileged to serve as its Captain for 10 years, retiring from the Buffalo Fire Department in 2007. Obviously my heart still holds the Cotter. Her namesake, Edward M. Cotter was a Buffalo firefighter and leader of our firefighters union. Presently I captain a ship in Florida. When I recently returned to Buffalo for the Buffalo River Fest, I was saddened to learn that the Cotter wasn't there as advertised for tours, more so that the Cotter is going to try ice- breaking this winter without the necessary repairs to do so. I'm told that last year the city had to shell out over $30,000 for one day of ice breaking to a private firm and in these days of tight budgets the City is going to fall back on the Cotter to break ice. That sounds good on paper but the Cotter in it's present condition is not up to that task and will surely meet her demise. Simply stated, without the diagnosed repairs, the hull of this ship cannot withstand the battering forces of ice- breaking. I know of no one who counters that statement. Back In 2004, a group of concerned citizens established The Friends of The Cotter Foundation through the Community Foundation For Greater Buffalo. With countless hours of volunteer work, fund raising began. The Cotter traveled the Great lakes with stops in Toronto Ont., Port Colburn Ont., Rochester IVY., Erie Pa., Cleveland Oh., Sandusky Oh., Put -in- say Oh., Toledo Oh., Algonac Mi., and Bay City Mi. The Oshei Foundation contributed a snatching grant'of $100,000, which The Friends of The Cotter raised. The Cotter was quoted a price of $250,000 by a shipyard on the Great bakes for the repairs that absolutely must be completed to make the Cotter sea worthy as an ice - breaker. The present capitial budget calls for $125,000 from the Fire Department and $125,000 from the Public Works for the repairs, couple that with the cost of fuel for heating,ice breaking and the salary of the Captain and Engineer your up around $500,000. The solution is simple. The City can readily turn the Cotter over to the Foundation and have the Foundation be responsible for the repairs, maintenance, and operational costs. The City could contract the ice- breaking out, for roughly $150,000, saving the City $350,000 And..... We The People can see the oldest Fireboat in the World sail out of her berth southwest to Lake Eire, returning north through the breakwall, proudly firing her monitors as she has for the past century, knowing the City's greatest ambassador will continue serving Buffalo for many years to come. Captain Michael .I. Higgins R EFERRED TO THECOMM 5027 Bridgeport Dr. Safety Harbor F1. 34695 ON FINANCE 716 - 432 -9830 0003(1 T be offish C ammon Council MICHAEL P, KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1 401 CITY HALL ALL RUHALO, NY 14202 -3318 PHONIF:,716) 851.5169 * FAX: ( 851 -4294 E= -rail: €nkeiir:is?1city- to €ifalo.co€7i R TO: Gerald Chwalinski FROM: Councilmember Kearns CHAIRMAN - - FINANCE TRANSPORTA IO€ WATERFRONT DEVEi.OPN1E tT COMMITTEES BUDGET BURA CIVIL SERVICE CLAWS LEGISLATIVE ASSISTANTS MARTHA -ANN t�11URPHY KELLY K KRU NIATTFIEw FISHER DATE: September 7, 2011 Schiller Park Community Services Financial Support for Youth Programs I would like to file the attached information for the next Common Council meeting to be held on Setember 20, 2011. Thank you g �' or the P eople' Schiller Park Community Services, ®_ George K. Arthur Community Center 2056 Genesee Street, Buffalo, NY 14211 Phone 716 - 896 -1825 a Fax 716- 892 -2080 Councilman Michael Kearns City of Buffalo Room 1401 City Hall 65 Niagara Square Buffalo, New York 14202 Dear Councilman Kearns: Schiller Park Senior Citizen Center 2057 Genesee Street, Buffalo, NY 14211 Phone 716 - 895 -2727 6 Fax 716 - 894 -5904 September 1, 2011 The Buffalo Community Center Collaborative (BCCC) respectfully requests a meeting between its agencies' Executive Directors and the members of the Common Council for the purpose of holding an open forum on increasing the City's support for Youth Programs across the City. We want to meet far in advance of the 2012 City of Buffalo budget process, so that we can jointly strategize the financial support of Youth Programs at community centers across the City. We have strategic ideas for drawing new monies to Buffalo in partnership with the City government. We seek an exploratory discussion process jointly with both the Common Council members and appropriate leadership members from Mayor Brown's administration. The Buffalo Community Center Collaborative (BCCC) is made up of eleven not -for -profit Community Centers. The Collaborative's eleven members include: The Bob Lanier Center, CEM - Concerned Ecumenical Ministry, CRUCIAL Human Services, UHCD d /b /a Gloria J. Parks Community Center, North Buffalo Community Center, Northwest Buffalo Community Center, Old First Ward Community Association, Schiller Park Community Services, Seneca- Babcock Community Center, Valley Community Association, and West Side Community Services. BCCC agencies are located throughout the City of Buffalo and serve neighborhoods in all four quadrants of the City. BCCC agencies provide a diverse set of services, which include, but are not limited to the following; senior citizen services and programs, activities and programming for youth, housing services, neighborhood beautification programs, and more. The mission of the Buffalo Community Center Collaborative is an association of Human Service agencies representing the City of Buffalo, which is committed to developing initiatives, programs, financial support, and advocacy, as a collaborative to improve services and opportunities for communities throughout the City of Buffalo. We request a lunchtime meeting in City Hall in early October 201.1 at the convenience of the Common Council and Mayor Brown's staff. Thank you in advance for your time and consideration. Sincerely, REFERREDTO THIE COMMITTEE ON UN E . Cc: ` Michael Tritto, Jr. ; Secretary Buffalo Community Center Coll l5orative. Executive Director Schiller Park Community Se i rvicesy Inc Mayor Byron Brown Deputy Commissioner Otis Barker Councilman Richard Fontana, Budget Committee Chair OUR MISSION To work in collaboration with others to help children and seniors improve their lives, while strengthening the community. 00037 Tbe wuffalo I MICHAEL Pe KEARNS SOUTH DISTRICT COUNCIL MEMBER 85 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 1=1202 -3318 PHONE: (7 16) 851 -5169 4� FAX: (716) 851.5294 E -mail: inky arE7s•�?clty- I)tiffalo.cori7 ►-. Im TO; Gerald Chwalinski FROM: Councilmember Kearns DATE: September 16, 2011 Illegal and unethical activities at Time Warner Cable CHAIRMAN FNANCE TRA NSPORTATION WATERFRONT DEVELOPPY1E:NT COMMITTEES BUDGET BURA CIVIL SERVICE CLAIPAS LEGISLATIVE ASSISTANTS MARTHA-AN SN MURPHY KELLY M. KRUG MATTHEW FISHER I would like to file the attached information for the next Common Council meeting to be held on September 20, 2011. Thank you REFER TO THE COMMITTEE ON LEGISLAT ' For the People' 124-11 Dear Sir, I am writing to point out to you the illegal and unethical activities of Time Warner Cable. My mother currently pays $50 a month for basic cable and internet service. She called today to upgrade from basic to standard, looking to get a few more additional news channels and was told that her bill would now be $112 a month to go to Standard and suggested she take the promotional rate on the digital cable of $96 a month as it is cheaper and includes more channels. Standard cable used to cost around $40 a month she had it before downgrading to basic, now they are pricing it at a premium to force everyone over to their digital promotion price which when it expires who knows how much it will be? There needs to be two cable companies in Buffalo. Time Warner Cable is acting unethically and preying on the elderly with their schemes and deceptive pricing strategies. They have also stopped itemizing their bills, so that you no longer see what you are paying for your phone and what you pay for internet, you see the price you pay for your combined service package. You cant just upgrade your TV, you have to upgrade your package now, and everything is priced by package and its all just a bunch of double talk to confuse the gullible and elderly and squeeze them for every dime they can get out of them. PLEASE do something to stop Time Warner Cable and their deceptive practices. Thanks, E Q 0 0 3 8 TO 9suffato CAMTHOU counrit r MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 1 1202 -331$ PFIONE: (716) 851 -5169 + FAX: (716) 351 -4294 E -mail: mkearnsrgkih bUffAO.coi[I CHAIRMAN FINANCE TRANSPORTATION WATERFRONT DEVELOPMENT COMMITTEES BUDGET BURR CIVIL SERVICE CLAh\45 LEGISLATIVE ASSISTANTS MARTFIA -ANN MURPHY KELLY M. KRUG MATTHEW FISHER i. TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: September 16, 2011 Letter from Simon Manka re(Hazardous Condition at 486 Potters Rd. I would like to file the attached information for the next Common Council meeting to be held on September 20, 2011. Thank you REFERRED TO THE COMMITTEE ON LEGISLATION. ANA - TRG - .L V - 'For the gee" r-y )�� II Aco 486 Potters Roast Buffalo, New York 14220 -2539 Telephone (716) 822 -8969 Facsimile (716) 825 -7362 March 24, 2010 .. COU RSE s �. MY PR O PER TY A DD RE SS: 481 P OTTE R S ROAD BUFFALO, NEW YORK i City of Buffalo Public Works Attn.: Commissioner Steven Stepniak City Hall Buffalo, New York 14202 Dear Mr. Stepniak: Please be advised that I own the property immediately adjacent to the 7 hole at Cazenovia Golf Course. During the golf season I have many golf balls come flying onto my property which causes damage to my building and creates a great risk of injury to anyone who may be in the yard. To add to this problem the fence is in great disrepair and over the winter someone stole a large portion of fencing covering the upper most part of the fence, presumably for the scrap. This theft further exacerbates an already intolerable condition. Furthermore it looks terrible. Please contact me at your earliest convenience so that we may discuss a solution to this problem. Thank you. , .. Simon F. Manka Attorney At Law Sincerely, Simon F. Manka c: M. Kearns Councilmember �6 'Ci I P Simon F Manka A ttorney At Law 486 Potters Road Buffalo, New York 4220 -2539 Telephone (716) 822 -8969 Facsimile (716) 825 -7362 August 29, 2011 RE: CAZENOVIA GOLF COURSE MY PROPERTY ADDRESS: 486 POTTERS ROAD BUFFALO, NEW YORK 14220-2539 City of Buffalo Public Works Attn.: Commissioner Steven Stepniak City Hall Buffalo, New York 14202 Dear Mr. Stepniak: Enclosed is a letter I had sent to you quite some time ago and 1 also called your office several times, with no response. Subsequently, I spoke to you in your office personally where you informed me you would get your "fence guy on it ". Well be advised your "fence guy" did not call and did not "get on it". Please be advised that this is a hazardous situation which needs to be corrected. At this time my patience has run out. The amount of effort it would take to repair the 300' of fencing is minimal and I am hereby DEMANDING that this section be repaired. I continue to have property damage and near misses to people from errant golf balls. This letter will serve as notice to you and the city law department that an ULTRA HAZARDOUS CONDITION exists and if someone is struck with an errant gold ball (there were THREE close calls this summer) on my property the city will be held strictly liable for creating and maintaining a hazardous condition. Furthermore, l am considering legal action to compel the city to re- design that portion of the golf course to remove the hazard. Please contact me at your earliest convenience so that we may discuss a solution to this problem. Thank you. S incerely, Simon F. Manka c: M. Kearns Councilmember City of Buffalo Department of Law Mayor's Office 00091), Rank L. 1_oTenipio, Jr. Pal €jcK I Brown Mary L. Slisz Ha rry G, Modcas, Jr. Terri L. Lo`leopio Frank LoTempin, ]]I' Rafael O. Gomez. Michacl fl. Kooshoian * AlWAeS,x :edR P- 61mSic�ir, HAND DELIVER Y Buffalo City Hall 13 Floor 65 Niagara Square Buffalo, New York 14202 wwwlotempioandbrown.com September 15, 2011 mkooshoian lotem ioandbrown.com Attention: Buffalo Common Council Re: July 26, 2011 Resolution "90. -53B Golomb Ord Amend -Ch 316 peddling and Soliciting- Mobile Food Vech LEG." Submitted for consideration at tl>Ee I.e islation Cornrnittee Mee on Se tember 20 ZOII l Dear Council Members, I respectfully submit this on behalf of local entrepreneurs comprised of business and restaurant owners in the City of Buffalo regarding the proposed amendment to Chapter 316 of the Buffalo City Code (hereinafter the "Code ") and to highlight areas in which this amendment conflicts with other current sections of the Code. Whale it appears that the Council recognizes issues with enforcement of the proposed legislation because the City has just two inspectors, no one has mentioned the obvious conflicts the law creates with current zoning laws and the legislative intent behind these zoning laws. For One Franklin Court P 181 Franklin Street ® Buffalo, New York 1.4202 --2448 Voice: 716.855.3161 6 Fax; 716.855.343' (tot service of process) l� f �t G� City of Buffalo Common Council September 15, 2011 Page -2- example, the Code creates a number of Business Districts within the City of Buffalo, and then defines what activities are and are not allowed in these districts. Under section 511-56 of the Code, the Elmwood Avenue Business District is created and consists of the area of Elmwood Avenue between Forest Avenue and Virginia Street. The reason for the creation of this district was stated as follows: "Legislative Intent. The Common Council finds that the stability and continued viability of this area as sound residential, commercial and cultural area of the City is threatened by the overdevelopment and expansion of bars, taverns, restaurants, takeout food shops and other commercial enterprises which threaten the continuation of the essentially unique and continuing viability of this area. The common Council further finds that the encroachment and expansion of enterprises of [t]his nature have given rise to traffic congestion, hazards to the life and safety of pedestrians and motor vehicle passengers and operators, extensive illegal parking, excessive noise, vandalism and trespass and damage to public and private property. Further, this condition has created annoyance and interference with the rights of residents of the neighborhood to their right to peaceful enjoyment of their property and an invasion of their rights to privacy. By creating this special zoning district, the Common Council of the City of Buffalo intends to create a compatible balance between the legitimate commercial interests and the lawful interests of the residents of this area." Section 511 -56, B. The Code defines permitted and restricted uses in this district for which Council permission is required. Restricted uses are provided in Section 511 -56, D, of the Code and among them are the establishment or extension of "Eating and drinking places," and "takeout service, prepared food." The restricted use may be approved "if in compliance with all the regulations of this chapter, but only upon the issuance by the Common Council of a restricted use permit..." provided for by Section 511-55 of the Code. To apply for a restricted use permit one must file an application, pay a fee, and the application must go through the planning board, the Common Council, public notice in the newspaper, and a public hearing. s. City of Buffalo Common Council September 15, 2011 Page -3- Even with a restricted use permit, the user must still follow the general standards for businesses provided for in Section 511 -56, F, of the Code, Specifically, 511 -56, F(3) states: "Each business establishment must comply with the following standards: (a) It shall be conducted within a completely enclosed building, except for a parking lot or vending machine. (b) All products produced, kept, handled or offered for sale shall be sold only at retail on the premises." Under Section 511 -59 of the Code, the "Hertel Avenue District" is created and includes the area of Hertel Avenue between. Main Street and Delaware Avenue. The following reasons were given for the creation of the district: "C. Legislative Intent. (1) The Common Council finds that the stability and continued vitality of Hertel Avenue between the west line of Delaware Avenue and the east line of Main Street as a sound residential, commercial and cultural area of the City is threatened by the overdevelopment and expansion of bars, taverns, restaurants and takeout food shops in a manner and at a scale and rate that cannot be adequately regulated within existing legal and regulatory control. (2) The Common Council further finds that development of the aforesaid type has given rise to traffic congestion, hazards to the life and safety of pedestrians and motor vehicle passengers and operators, extensive illegal parking, excessive noise (especially at night), vandalism, trespass and damage to both public and private property, annoyance and interference with the rights of residents of the neighborhood and visual pollution, such that neighborhoods might well deteriorate beyond the point of remedial action. (3) The Common Council further finds that the current prosperity and viability of Hertel Avenue neighborhoods are the result of a balance between the commercial establishments on Hertel Avenue and the adjacent residential neighborhoods and that any further expansion of bars, taverns, restaurants and/or fast food operations will threaten and jeopardize this balance." Section 511 -59, C. City of Buffalo Common Council September 15, 2411 Page a4a The zoning section of the Code also creates an "Allen Street District," a "Porter -Busti District, "a "Seneca Street District," a "Kensington bailey Business District," a "South Park Special Zoning district," an "Abbott/McKinley Special Zoning District," a "Clinton Street Special Zoning District," and a "Lovejoy Street Special Zoning district." All of these special districts were created for the same reasons and with the same legislative intent. The restrictions on food businesses are similar in each of these districts, The proposed legislation, however, makes no mention of zoning laws, the legislation contradicts the basis for the creation of these districts, and the legislation undermines the purpose of these districts. There are a number of issues which have not been thoroughly vetted in the proposed legislation, such as: 1) How can the Council allow a commercial vehicle to park in two metered spaces within a special business district in which the Council has recognized issues with illegal parking that are already serious enough to mention in the Code? 2) Why is a property owner on Elmwood Avenue not allowed to sell items on her /his sidewalk but another business owner will be allowed to? 3) Why does a takeout food establishment on Hertel Avenue or Porter Avenue threaten the local residents' rights to privacy or peaceful enjoyment of property, but food sales from a moving vehicle on the same streets do not threaten the rights of local residents? 4) How can the Council find that the expansion of every other type of food sales somehow threatens the balance or vitality in these specific neighborhoods, but food sold from a moving vehicle does not? i. t City of Buffalo Common Council September 15, 2011 Page -5a This matter warrants a committee or advisory board to ensure the creation of fair legislation regarding mobile vending for all interested parties and the citizens of the City of Buffalo. Although mobile food vendors should be a part of the City of Buffalo's economy and Food scene, there must be an appropriate review of all issues before legislation is passed. Thank you for your time and attention to this matter. Very truly yours, LO TEMPIO & BROWN, P.O. J ( t By: Michael H. Kooshoian Counsel for Entrepreneurs for a Better Buffalo City of Buffalo, N September 14, 2011 Gerald Chwalinski, City Clerk 1302 City Half Buffalo, NY 14202 - T r ` RE: Request to Pile the Attached Correspondence from Carl Paladino with the Common Council Dear Mr. Chwalinski: Please file the attached information submitted to our staff by email by Carl Paladino for deliberation by the Council at its meeting of September 20, 2011. Thank you for your assistance in this matter. Sincerely, y� ES S. PAJAK C rnmon Council Chief of Staff 65 Niagara Square - Room 1413 Buffalo, New York 14262 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 Ciri<fnfSYrr,/f � Jamcs S. Pajak � Serer Legishaiv •' Assistant IV Kevig M Udder .Senior Leg ishtf;ve.: l ssis1n1r1S Mark J. J.rskula W liam B. r irasi Julia A. Paul '14.eliss:i Sludiu i"ernandez Rit travel Wall Legislative Aide Jawcs . ,acbon I IPa From: Carl Paladino jCPaladino @eliicottdevelopment.comj Sent: Thursday, September 08, 2011 6:27 PM To: Pajak,James Subject: RE: Council Filing Mr. Pajak, please accept this E -Mail as my request that the items forwarded be filed for the next Common Council meeting From: Pajak,James mailto:P,U67 ch.ci.buffalo.n .us Sent: Thursday, September 08, 20112:45 PM To: Carl Paladino Subject: RE: Council Filing Receipt confirmed. Can you also send to me a request to file these items with the Common Council for their ne.xt meeting. Thanks. James S. Pajak Common Council - Chief of Staff City of Buffalo 1412 City Hall Buffalo, NY 14202 Ph: 716 -851 -4047 Fx: 716 -851 -4234 From Carl Paladino [ mailto: CPaladino @ellicottdeve[opment.com1 Sent: Thursday, September 08, 20112:36 PM To: Pajak,James . Cc: Carl Paladino Subject: FW: Mr. Pajak, please confirm your receipt of this E -Mail for filing with the Common Council From: Carl Paladino Sent: Friday, September 02, 20113:16 PM Subject: FW: From: Carl Paladino Sent: Friday, September 02, 20112:52 PM To: Carl Paladino Subject: FW: Subject: <<memo schmand.pdf>> <<statler subsidy.pdf>> MEMO To: Michael Sclunand -- Buffalo Place Copy to: Buffalo Place Board. NFTA Board of Commissioners City of Buffalo Conimon Cowicil Patrick Sole, License Director From: Carl Paladino Date: August 29, 2011 Re: Various Matters Buffalo Building Re-Use Project, Vender Permits I. I object to Buffalo Place becoming involved with the Brown adininistration or the Buffalo Niagara Partnership in doing, without compensation, them' street work to conic up with recommendations to re- purpose underutilized buildings in Downtown Buffalo. Neither the Brown administration nor Andrew Rudnick have a clue about how to develop downtown and they tare passing the buck and burden of a ridiculous exercise off to Buffalo Place. It is in the best interest of the property owners in Buffalo Place to the City or the Partnership interfere in the marketplace. Why wasn't this task submitted to the Board for approval? A resolution should be put before the Board at our next meeting, 2, The City of Buffalo has no business issuing permits to vendors or trucks to sell food on the Mall. Our food service tenants are struggling to pay rent and property owners are struggling to pay taxes to a City that Is trying to put our tenants out of business. What is wrong with these people? A r€;solution should be put before the Board at our next meeting, 3, The Mohawk Park area on the "Transit Mall is a disgrace. Buffalo Place should photo document all such hazards oil the Mall and put the City Public Works and Corporation Counsel on notice that it is obligated to maintain the paving tiles and concrete which are heaving and pose a safety hazard, ill any event, Buffalo Place has been negligent is cleaning and maintaining the Mohawk Park area. 4 The NFTA has failed to properly i maintain the catanery poles and transit stations. They are a disgrace and need paint and repair and Buffalo Place should consider a resolution at the next meeting that the NFTA attend to its responsibilities. 5. See attached regarding Croce and the unfair subsidy from the Dorinitory Authority. This inatter should be discussed at the next meeting. t MEMO To: Everybody From: Carl Paladino Date: September 1, 2011 Re:. Statler Hotel and Selective Subsidies .Byron Brown announced that he is supporting a $SMIL grant from the State of New York Dormitory Authority to the Statler property owned by Mark Croce. This effort is jest more of the continuing saga that inhibits downtown Buffalo development. Private, non - parasitic developers cannot. compete with properties that benefit front selective subsidies from our local or State governments. Subsidy programs uniforniy and equitably available to all do not adversely affect a level playing field. I All have a fair opportunity to seek their. For definitional purposes, the selective subsidy is a grant that is not available to everyone in the marketplace, Selective subsidies not only violate the Now York State Constitution but also demean all other efforts to bring private investment and development into downtmvil Buffalo. Suck grants give the recipient an unfair competitive edge. By giving Croce money to improve the Statler, he will have a competitive edge in setting rental rates and will be stealing tenants from, other taxpaying properties in downtown Buffalo. The idiocy in City Hall has been going on for years. For Brown to say that Croce will create jobs is ignorant. The jobs lie creates will be taken from other businesses. Wlicthm it be "pay to play" or some other form of political payback, a State grant to the Statler will create an unlevel playing field and destroy the incentive in the private sector to invest in our downtown area. The Avant and the Hyatt experiences clearly illustrate the problem, The Board of Buffalo Place must go oil record demanding that Brown witlidraw his support for any selective subsidies for the Statler and fiirther that the State of New York refrain from giving any selective subsidies to the Statler or any other project in Buffalo. Michael Di0corge, on behalf of the City, states that "tile Statler went through its bankruptcy process and any developer could have stepped forward during the bankruptcy bidding process. Mark. Croce did step forward acrd invested sonic of his own money in tine project ". What DiGeorge is not admitting is that Croce had a promise from Brown and possibly the State that lie was going to get $SMIL of free money to Delp his development. That part was well known and publie *at the time that he purchased. DiGeorge argues that if the Statler were to be demolished, it would cost close to $15MIL. The better option was for the City or the State to take the building and mothball it until the marketplace was ready and there prat it out on an RFP so that everyone would be oai a level playing field and only private money would be invested in the development of the project, Government has no business interfering in the private marketplace and putting taxpaying properties at a disadvantage. Uniland wrongly supports the project to justify the millions of dollars that it received from the government. The Avant came on line in a depressed marketplace and stole tenants from private sector taxpayers. No one twisted the arms of Uniland to pay the goverainient millions for a building hall of asbestos. The State had no business bailing them out of their bad investment Nvhich contributed to the depressed state of the downtown market today. With reference to the Dormitory Authority moncy, one would think that the Ut,'.s priority would be to address the 10,000 vacant'buildings which deprive the City of private sector investment and contribute to the crime and decay of our City neighborhoods, If they have $15MIL to spend on housing, that money should be spent on cost efficient programs to take down as marry of the vacant dilapidated straactarres as possible instead of being applied to subsidize a parasitic developer who has paid to play. The game of selective subsidies from government for downtown development has been played for many years and has been a complete failure. To continue the political "pay to play" game is wrong for the taxpayers today and it will be wrong in the fixture. Our City administration should grove up and get some people into the development area who know what they are doing and who will not in the future contribute to the City's decay and lack of private incentives to invest in our do *iitown market. REFERRED TO THE COMMITTEE FINANCE. ON 00041. TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen Date: September 15, 2011 Fp(. Domestic Violence I would life to file the attached information for the next Common Council meeting to be held on September 20, 2011. Thank You, a G. Pridgen► Ellicott District Council Member ,�-) C? S The Erie County Coalition Against Domestic Violence (ECCAFV) was founded in 1978 and is a member - driven organization which engages in social change activism to dismantle the root causes of domestic violence at the individual, organizational, and institutional level. Our goal is to end domestic violence. Accomplishments and Highlights of the 2010 -2012 Coalition Year: ® Organizing a number of trainings on domestic violence related issues through our Education and Training Institute; including 2 "Domestic Violence Essentials" trainings and 2 advanced trainings; resulting in153 people trained this year! The ECCAFV Education and Training Institute has trained over 1000 people since its inception in April, 20061 * organizing events for Domestic Violence Awareness Mouth such as our "SPOT -Light on Surviving" event at Spot Coffee, and "Going Violet to End Violence" which brought awareness of domestic violence issues to workplaces. Completing a successful trip to attend Legislative Awareness Day in Albany, NY. * Finalizing the ECCAFV Position Paper on Culture and Domestic Violence. ® Participating in a large scale community wide media response during the Muzzammil Hassan murder trial. On behalf of the ECCAFV, we invite you to join us in recognizing October as National Domestic Violence Awareness Month, and in celebrating the strength, spirit, and efforts of survivors of domestic violence and their advocates. During the month of October, the Coalition will be presenting a series of workshops, trainings, and events throughout the region in order to increase awareness about domestic violence. As you are aware, domestic violence is an important issue both locally and across the nation, and continues to affect the lives of many of your constituents. Nearly one in four women in the US reports experiencing violence by a current or former spouse or boyfriend at some point in her life. Almost half the women murdered in New York State are killed by their intimate partner We are seeking to plan local initiatives for the statewide campaign "Shine the Light on Domestic Violence, sponsored by the New York State Office for the Prevention of Domestic Violence (OPDV) - WWw.opdv. state. ny us . The "Shine the Light on Domestic Violence" campaign was inspired by domestic violence service providers who have been using purple to promote awareness of domestic violence for years. This will be the third year its a row the ECCAFV is participating in this campaign and we are hoping to expand our efforts. In years past, we have asked workplaces to "Co Violet to End Violence" one day in October, Fringing awareness to the issue and educating employees about how v domestic violence affects the workplace. East year we had over 50 individuals and organizations participate locally. This low or no -cost campaign has grown from several dozen participants in 2008 to more than 270 businesses, nonprofits, and individuals across NY State in 2010. From skyscrapers to bridges, storefronts to shopping centers, purple lights illuminated the nights of October. People wore purple clothing while police cars and buses displayed purple magnetic ribbons. This year, in addition to asking workplaces to "Co Violet" we were hoping to turn a stretch of Delaware Avenue purple to draw more attention to the issue. Our vision is purple ribbons around the lampposts as well as lawn signs in front of participating agencies and businesses, lining Delaware Avenue from Bryant St. to Niagara Square during one week in October (the 19' If possible, we would also like to light up Niagara Square with purple lights on October 19, 2011 to commemorate the statewide "Shine the Fight on Domestic Violence date designated by OPDV. Contact Information: Brooke Densing, MSW Erie County Coalition Against Family Violence Member Support Chair Email: Brooke. MacKenzie@uVbec.or Phone: (715) 3620744 0004 September 14, 2011 t C TO: THE COMMON COUNCIL FROM: THE DESK OF J"EANETTE RUPERTI DEPARTMENT OF AUDIT AND CONTROLL DIVISION OF ACCOUNTING Gentlemen: I am interested in purchasing a central processing unit #BF'X -ZZ138 from the Management Information Systems department. I was quoted a price of $35.00. Please notify me regarding the specifics on this purchase. I could be reached at 851 -5281. Thank you very much for your time. Sincerely, eanette Ruperti I �' Mr. Fontana moved: That the item from Ms. Jeanette Ruperti, dated September 14, 2011, be received and filed; and The Management Information Systems Department is hereby authorized to sell central processing unit #BFX -ZZi 38 for $35.00 to Ms. Ruperti. Passed M &M TAB:rmv T:1wp60lmswordVmv\39c9- 19a.doc GOLONNEK KEARNS 213- 6 * I 3/4- 7 z PETITIONS September 20, 2011 t �A 0 0 M. Green, Agent, Use 1416 Hertel for a Restaurant (Del)(hrg 9127 ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD r ; i'�1i OFF G ERALD A. CHWA1 INSFC{ City Clerk Registrar of Vital Statistics WI.L DER C LIVENC11A, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Deputy registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308. CITY HALL BUFFALO, NEW YORK 14202 PHONE; (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that 1 have been informed as to the time and place For the public hearing regarding: f To be held in the Council Chamber, 13 Floor, City Hall On: 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. Signed CA�geni)Owner) Print Name 4 y ' f _ Phone # d d f PLEASE ALSO CO LACT.BILL GRILLO PRINCIPAL PLANNER 851 - 5 086 1° ' PLANNING IBO J City of Buffalo GC Building App licati on 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 09/12/2011 10:59 AM Submitted By Mike Castro P age 1 ArP # 171924 ✓ - -� f+`�"'`�- �✓ / _ Cam- . -.'"I _'/L -.. F -/_ i"%.""^t .if%.� �1C�E�Mk°�Fl �� "k...� .._ , Date 1 Time By Date I Time By Processed 09/1212011 10:51 CASTM Temp COO Issued COO Final Expi Inferrr►atinn 'type of Work # Plans 3 Dectared Valuation 25000.00 Dept of Commerce # Pages 1 Calculated Valuation 0.00 Priority Auto Reviews Sill Group j Actual Valuation 0.00 E Square Footage 1280.00 Name l °' ° Plans required" °Common Council Approval Required — Convert a Beauty Salon to a restaurant in:the Hertel Ave. Special District. Hearing & Feee Required E contact Milte esi -aoas � Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description r � r� Address 1416 HERTEL BUFFALO NY 1421.6- Location Contact ID AC209031 Name 1416 -1448 HERTEL REALTY CORP Mailing Address 484 DELAWARE AVE Organization City BUFFALO State/Province NY ZIPJPC 14202 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner .Y From 12112/2005 To Contact ID A01215837 Name HERTEL REALTY Mailing Address 484 DELAWARE AVE organization City BUFFALO StatelProvince NY ZIPIPC 14202 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 02122/2005 To 05/06/2007 Contact ID AC18393 Name MOLLE,DOMINIC T & W Mailing Address 155 NICHOLSON AVE Organization City BUFFALO State/Province NY ZIP/PC 14216 Country USA ❑ Foreign' Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05128/2000 To 05/06/2007 City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Pax(716)851 -5472 Report Date 09/12/2011 10:59 AM Submitted By Milo Castro Page 2 No Addresses are finked to this Application y -`. 4 ,.:.r� ✓ y� i �;s,� �- ..s° �-i- �z� -..a r"�Z E� � �='�. � �... � - 5 � } �i =fix` "�� .� h= � � 3� �;- f� � - ,,, �,.� ��vG � �: �. y,�-✓ 3�s�"��� �.5 �, � ," ✓. c No Addresses are linked to this Application t�= �✓"�.,'` ✓t y � `'.. - . :'�,'I`�: .ice ..�,�:r „'x,X.; f���t���� �. - -- ..J -� - ::j���,�r.✓� :": -�� � ._....- -�._'" � r' =-�,- r. E - .xs�r �� -s!�., r �.,.,�..? _ � - �.�. F y - s : . ' -. � � ,� = r,- :'�- y?�- _- �= �.<r ;: 0786500004021000 q s r r & g AN No Parcels are linked to this Application No Applicant Con #acts PriIW3a;y Y Capacity Type Effective Expire Contact ID TBB Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - No Comments J. 999999 HIM AC126720 TO BE BID � _.-��__ P � � _ �..r r ,✓"� � rev. � °:2 �- c- _ � i .� r , �- Check Fees Fees Failed APPLICATION FEE(PLANS) ($50.00) Unpaid GC PLAN REVIEW - ASSEMBLY ($76.80) Unpaid GC PMT, INSP, C OF 0 FEE - ASSEMBLY ($76.80) Unpaid GC PMT,INSP,C OF 0 - INITIAL FEE ($200.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 561 837 ASB ASBESTOS SURVEY COMPLETED? Incomplete 561838 BCODEREV BUILDING CODE REVIEW Incomplete 561839 CC APP COMMON COUNCIL APPROVAL. REQ'D Incomplete 561840 ELECTRICAL PLAN REVIEW REQ'D Incomplete 561836 ELEVATORS - CONVEYANCES BEING REMOVED? Waived 561841 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 561842 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Successful MD MULTI - DWELLING PROPERTY Approved, OK Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 APPLICATION FEE(PLANS) A 50.00 FINE FEE U 0.00 GC PLAN REVIEW - ASSEMBLY U 76.80 GC PMT, INSP, C'OF 0 FEE - ASSEMBLY U 76.80 GC PMT,INSP,C OF 0 - INITIAL FEE U 200.00 Total Unpaid 403.60 Total maid 0.00 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -494 Fax (716)851-5472 C Building Application 1 / eA� d . Report Date 09/12/2091 10 :59 AM Subtnitted lay Mike Castro - 3 ., � - T, .;� �, - r .,, - f .. s , � Vi x ? � � ,, �" ✓-'✓ -rv- ✓ � - .-"-x - �' „-1. -r' ;. =�- ��� �' !✓N^� �°�,�""'�''. -.may ._i �� --��, F ` � -"'����rr --'`N �"ri' - ��� - � "` � __ -__`� -' `' "7- .�-�- ✓ -. -� -� . �/ i There are no Inspections for this Report t `�,- �� � G -/ ,:� . =✓�'✓' r r ���1✓ �: �,� -. � x�'i� � `���- � ,ri^"""=�'' ,��. r, �� • � � �- �'?�rr � f y '.s ,G - - ,�" G-' ��- - - - ci! .n :.._ ✓ .�, rte' � � �.r z - .- ! 561836 ELEVATORS 0 Y 09112!201110 :51 561837 ASR 0 N 091121201110:53 561838 BCODEREV 0 N 091121209110:54 561839 CC APP 0 N 09/12/2011 10 :54 561840 ELECTRICAL 0 N 091121201110:55 561841 FPLAN 0 N 49/12120111 ©:55 561842 PPLAN 0 N 091121201.110:58 No Activity Review Details L MD OK CASTM 091121201110:52 CASTM 091121201110:51 E N ! r There is no planning condition for this project. ='--�i c �; - �/" a ' '� i '.� r.Y, -.G" - -- � P.� �i z i � �{ - r � : � r5 y✓ � ii � - S r No Records for This Search Criteria City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 1716)851-4949. Fax (716)861-5472 Report Date 09/12/2011 10:59 AM Submitted By Mike Castro Page 4 g ge M NINE NOWN N O - _ 0 No. of Residential Units Lost 0 Residential Q Work Without Permit (FINE) Debris. 0 No. of Residential Units Added N Commercial . D Work Done by Oyiner ❑ Truss Construrtion Zoning Board of Appeals ELEVATORS You must fill out tho.custorn form on activity detail If there is ELEVATOR work to be completed. Building Construction: OR- A 1280.00 Y ,zgz, K 112 M� - -------- 05 IT g—, t Won NOR There are no Items in this list ARM 0 No Employee Entries R 6,g NY- *0 K 0� OR No Log Entries 000.1, K. Kubiak, Owner, Use 234 Delaware for an Outdoor Cafe (Ell)(hrg.9 /27 ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD t OFFICE F THE CITY CLERK GERALD A. CHWAL.INSKI City Clerk Registrar of Vital Statistics WILIER OLIV NCIA, JR. Deputy City Clerk DI ANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital .Sta 65 NIAGARA SQUARE ROOM 1308 CITY !-FALL 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: g'!c a To be held in the Council Chamber, 13 Floor, City Hall On: q — 11 at 2:00 PM I a 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. Signed (Agent/ er) Print NNarae j `!° r� I � ' o Phone#—I—/3- - / Date Tr 0-o— (I ( 00-� mor) Pik �� Le�iS 1�i,-� -fb ✓1 City of Buffalo OUTDORCAFE Building Application 65 Niqgara Square Buffalo, NY 14202` (776 )851.4949 Fax (716)851-6472 Report.Date 09/14/2011 11:42 AM Submitted By Mike Castro Page 1 AIP. #. 172024 - .y('',-.a_�� rf..- - y' - k� f .c- a �;�.:,'� -' �/,�'. - s " - i- .. >- „✓�`/. � �. ms ter_ rte- -- Date I Time By Plate l Time . BY. Processed 09/14/2011 11:25 CASTM Temp COO Issued COO . Fin Expires AasoclatedInformation Valuation. Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Croup FLAT Actual Valuation 0.00 Square Footage 0.00 Name Description.of Work A Common Council Approval Required — Fee & Hearing required. Piace an outdoor cafe at a nightclub "Big Bad Wolf, Inc.” in the Downtown Opportunity Special District on city R.O:W. Parent AfP # Project# ProjectiPhase Name Phase # SizelArea Size Description_ {� (� 'f i� � - �. > r✓ � � ✓ �- !' i - r r '< r � - � -i ✓ !: - � ✓� Y om, �^ Address .234 DELAWARE BUFFALO NY 14202 - Location aq a-1 Contact ID AC310839 Name DELAWARE COURT Mailing Address 250 DELAWARE AVE Organization City BUFFALO State /Provinco NY ZIPIPC 14202 Country USA ❑ Foreign Day Phone (716 )856 -3323 x Evening Phone Fax Mobile # Occupant N From To Owner Y From To Contact ID AC77563 Name DENZ,DONALD F & OTHS Mailing Address DELAWARE COURT Organization City 1251 WEST BLOOD RD State /Province EAST AURORA NY ZIPIPC 14052 -9408 Country ❑ Foreign Day Phone (716) - x Evening Phone Fax Mobile # Occupant N From To Owner Y From 05128/2000 To 05!0612007 Contact ID AC918382 Name PROPERTIES,LLC DENZ,DONALD F; FIEBELKORN Mailing Address Organization City 1261 WEST BLOOD RD State/Province EAST AURORA, NY ZIPIPC 14052 -9408 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/26/2001 To 05/06/2007 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (718 )851 -4949 Fax(718)851 -5472 Report Date 09114/201 11:42 AM Submitted By Mike Castro ' MUTDORCAFE Building 'i.r - Page 2 No Addresses are linked to this Application No Addresses are linked to this Application 1113700003005100 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERfTE~NANT Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments s t r ��� s- tt _ F 17t REM 000000 SOU AC12792 OWNER OF PROPERTY 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SAC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 00001 PLU AC355714 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Check T=ees APPLICATION FEE ($25.00) PERMIT FEE ($50.00) Check Inspections Check Reviews 582032 CC APP COMMON COUNCIL APPROVAL REQ`0 562033 ENGINEER ENCROACHMENT OVER CITY ROW? Check Conditions Check Alert Conditions Check Licenses Check Children Status Check Open Cases Case # 109600 PERMIT FEE APPLICATION FEE T=ees Failed Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Incomplete Conditions Successful Alert Conditions Successful Not Checked Children Successful 1 U U Total Unpaid 75,00 50.00 25.00 Total Paid 0.00 City. of Suffal OUTDORCAF wilding Application 65 Niagara Square Buffalo, NY 14202 (716 )851-4949 Fax (716)851-5472 ' Report Date 09/14/2011 11:42 AM submitted.By Mike Castro Page 3 ram r :. „2 c N; ..�-:� v ,- :`�.•� - ' b :r'":s ✓� ON N OR `fir a �a I ! There are no Inspections for this Report 562032 CC APP 0 N 09114/2011 11:33 562033 ENGINEER 0 N 091141201111:34 �'Y Y' y/ y��a( }"/' 'a ;- s�yr�}„ � 4 _ .. � ✓�f'I'�!'�r' i-/ - ` F 1 „['� - � - l j f 1 . s _ - F �A ;w'� - l � / ,f /' No Activity Review Details 6 ' �y .T���- ° � . �,,� - - !�.- -c � ^ i.. �„�- v� r� - �`_ fi! � � - �✓ �,.� � �r y -.«��: '�^�:r' .:..s =�rr� --'� - z : �„c f �;._ ,� _.-.. 5 � � � -`i.�? � y � � y .. � - .• ``' � �_ pyf,y' - r °� " ''' z 'z- :.- �, l -^ ' � � -a w.�r�� �-,.s ��. c � [.? �i�'1 [ }� �yy '°a'y{� �Yb13 � � � . {��d ' ?"Z �� � .��fY�X�� '�^`. -_���� �'� -- '✓,y-- +1���° l sr ✓�'+?� l' S �':'" - e �� �.�FY3�S• � r� i���,. ��� ��-. ��'' � c ✓` +G :M. l � 1 �� J •'y" - You ! y - rr No Conditions o yy r r l k v 1 ii fir- f?7 _ "- _. There is no planning condition for this project. V NN -£ -�-:, �. r +nb�s- E- -e v s c ' G, a , .E No Records for This Search Criteria IN, r"r� T, ✓,�. ? - .,:,v Business D.B.A. the big bad wolf Length 16 Width 9,8 Location of Patio: N Front ❑ Left Side ❑ Right Side Rear Total Area 158.0 sq. {f, If There Is A Raised Deck Deck Height above grade ft. Does the Patio have its own exiting? (Required) Yes [j 1 step - No handrails required, no guardrails required. Is this required exiting adequate for the patio area M Yes D2 steps or more - Handrails required each side of stairs; Does the patio involve or affect required exiting from the buildingm Yes no guardrails required.until deck is 30" or more in height. Wdth of public sidewalks/walkways remaining for pedestrian passagl ft. ❑ Dock 30" or more in height - T of patio boundaries: Handrails and guardrails required. ribbon style {temporary} Tread width (= Exit Width) in. Number of Tables: © Number of Chairs: 0 a f :� t' � �� ��'- � �.. � ,?�..✓ - r,t_� F" y � t � s '' -'�� � -r �,^.'' -. - L . !"fir r _.. - � _ .,✓�"" .� ��� �� � �„ `yy � �'� �.�'".`r �- � �';' .,r, � - �'".w � ., �����'J s5 - � .3��, y � �-c f V.'- � - �` ✓ w 's'"'�7` _ �, r' �:�.. �� There are no Items in this list O�M NO i No Employee. Entries City of Buffalo - OUTDORCAFE Building Applicati ®n 65 Niagara Square Buffalo, NY 14202 (716 )851 -4949 Fax (718)861 -5472 Report Date 091114/2011 11:42 AM Submitted.By Mike Castro [?age 4 I',$- �zz, .1 REY 1_.1344 N, 282 ct u,tnx BRICK Z o � S�[r ° OF BUILDING `s. C3 O rs � x•17 iJTtwl o o ? u - (Ao TiLE cop.lr Go,IoV4o6 S�f)U -"i U) o cum � r L1C. t A F2N( � - UJ cn 0 ' 6.5 5 1J 7 z O 7 gip. '91 Col?P31c_ E� 0.I6 v1�1DE [r3 r STONE BASE i I [L $L.C?G LINE C7 tl' E- I `t3.I S WE51' �Q � ` O,03 CAST 144 rJ ];• _I �� � -� I �. [7 q �0. rn � Q .55 EAST L!lo rr_o RAILING I � 5 owE 6ALCONET SHED (yl Ln >1� a� Is�tn w �w� �a � °' .ro Q� LtS A f x � t �Z I u l in m F r dS j f I lil [ Lo I I J LL BLOCK � r (o � Lu F tout r x `` a w I RI _ . 12 ° FRAME IQQ L 17.3- CHIMMEY 1 Li ING BUSL€I sr_r��. Ri( - I i a. 17 'EST - 1 -1 < ( 1 STAI, �j] �m z r Ox cis ' ELL f wtu 7- r'c :,iL 4 A, C Ld [n �a• u� –x— x j �j . �€E r- -AVE5 i.4- QSUi1"r"i -i Ulc1 MAU in o X04 i E5 ovar7 015PL '�Zly ! WIN€ OI G(7NCRi T1 WA L K tr \�" -• f Y L J tDa GO soU `u f . 'VGNCH a (3Ar_CQNET rJ 0l 7.75 5c)13T I -1 LY S T � PART OF OUTER LOT 26 CITY OF BUFFALO CAIE COUNT; NEW YORK RAY L. SODNENUERGER LANG SUn`JGYOR NX.S. LIC. no. wosl BUFFALO, N.Y. r. SCALE t ll ^.ZOl cl-E AUG. 15, 2.002 SHEET 23140 - 02" -428 Ii �pv I O { I I . w Lo OD m ®_ to I I I � I I I pq W c3 0 y un 0 O O m � I m I 51�N fNCRTE nN 6ASE .2R' 6A,a�"T l Guy _ Uy UTILITY t �. P ©LL- �Q rJ � ti F:Y l CONCRETE BASE SIGN POST ' RF.LT CF TITLE : g IS Si WE& To MN'! STATi Cr P..CfS EAST LINE OF LAND CONVEYED TO FREDERICK F. FEHR -� ° PAE ALL1 L WITH DELAWAF WES L.1476 P.30 z `g x SOUTH LINE OF LANG CONVEYED 1p FREDERICK F. FE HR L.1�F7i P.30 l rArA SOUTH LINE, OF LAND CON n PARALLEL WITH JOHNSON PARK � I 3 IA 4 220:0 DE Ct 0 #-• Q n \h 13RICK BUILDING <an Wry T U. Ulq •:: w to W< p 9� w 127:0 DEED tv1EAS • fi `in o °? E.25 I I° [ 7 C� � Q. �Q [ V CCS Uj C °m J. 0. T aFC 1 J VALVE~ mw 4 FC O v f� i I O { I I . w Lo OD m ®_ to I I I � I I I pq W c3 0 y un 0 O O m � I m I 51�N fNCRTE nN 6ASE .2R' 6A,a�"T l Guy _ Uy UTILITY t �. P ©LL- �Q rJ � ti F:Y l CONCRETE BASE SIGN POST � G f 4r - UTELETY P-LE LES#-IT rOST a q CATHOop_ PpoTEc'rlO N 'RE TtPIcR �vCNT P1 PES' SIGN Pc]S"C� 4. 346 DEED 346:69 MEAS. SURVEY V /nS PREPARC6 VIITIIDIIT -THE 6EN-'Fli OF A HILL ' RF.LT CF TITLE : g IS Si WE& To MN'! STATi Cr P..CfS "R[AY A£ RE VFnLEp oi' f•!: CX:hJ11nT1 JfF Cf :A!A£, WES \� z 11$s¢8$ [&•Y x LEGEND: 4 't P5Md -Te }.S EMOESEI3: -. � � -I.w n1a.U{:9 xnYitert, ox ,�a mz�.4 < >,; MONITORING WELL MW o VENT V o I 3 IA 4 _........ _ 43aa 4 (. IU €" Ya,12 014}f s Ncaa YceY ;sr¢ £dU[alio�� lt•�. Wry T U. Ulq •:: w to W< sTr P fu � Q. �Q V VALVE', MV4 J. 0. aFC J VALVE~ mw 4 FC O v f� i 6 o l O a hS4Y _ H(-ACKTOP ,y�(J . U l l TELEPI -)"NC ' -� --TRND �.. 8U.00 '3 C(at� LIC,WT 6.60 NORTH � G f 4r - UTELETY P-LE LES#-IT rOST a q CATHOop_ PpoTEc'rlO N 'RE TtPIcR �vCNT P1 PES' SIGN Pc]S"C� 4. 346 DEED 346:69 MEAS. SURVEY V /nS PREPARC6 VIITIIDIIT -THE 6EN-'Fli OF A HILL ' RF.LT CF TITLE : g IS Si WE& To MN'! STATi Cr P..CfS "R[AY A£ RE VFnLEp oi' f•!: CX:hJ11nT1 JfF Cf :A!A£, WES ,¢�>3 p I P P $�.si 11$s¢8$ [&•Y x LEGEND: 4 't P5Md -Te }.S EMOESEI3: -. � � -I.w n1a.U{:9 xnYitert, ox ,�a mz�.4 < >,; MONITORING WELL MW o VENT V o YOik$Id1611_t¢rtkatl Lend 5u:.etela Seal Flo.4a610J ' Ira l3w,t.4.'piin3:s NeU,i_eJ In SecliUr. F'cL §. FI LLER CAP O ' Ya,12 014}f s Ncaa YceY ;sr¢ £dU[alio�� lt•�. ���r .. � � q � \ �J � � � . � . :f « « «�? \:. .. « «.: .# #:r,f t � ? » »f >.w :�xc+±�« +2i Q00r1�11 Appoint Account Clerk Typist(Perm)(3` Step)(Kotsis)(PW) CCP# 32, 9/6 Mrs. Russell moved That Communication 32 of September 6, 2011, be received and Piled and that the Permanent appointment of Debra Kotsis, 779 Auburn Avenue, Buffalo, NY 14222 at the Third Step of $33,415.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service * AYE * NO * FONTANA WZ * * GOLD E * KEARNS LOCURTO * PRIDGEN * RIVERA * RUSSELL 000 Appoint Engineering Inspector(Perm)(Step 13)(Pecoraro)(PW) CCP## 33, 916 Mrs. Russell moved That Communication 33 of September 6, 2011, be received and Filed and that the Permanent appointment of Phillip Pecoraro, 67 Brinton St, Buffalo, NY 14214 at the Third Step of $44,335.00 is hereby approved. PASSED AYES e 9 NOES - 0 Recommended by the Committee on Civil Service * AY *NG* FO ANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN � RIVERA RUSSELL x r , Appoint Assistant Director of Housing & Property Inspec(Prov)(O' Step)(Petrucci)(EDPI) CCP# 44, 916 Mrs. Russell moved That Communication 44 of September 6, 2011, be received and Filed and that the Provisional appointment of Louis Petrucci, 89 Red Jacket Pkwy, Buffalo, NY 14220 at the fourth Step of $64,431.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service " L ' ww-u 2� t � �,. 0_�1 Appoint Buyer,(Prov) (Inter)(Fazio)(A &F) CCP# 45, 9/6 Mrs. Russell moved That Communication 45 of September 6, 2011, be received and Filed and that the Provisional appointment of Marilyn Fazio, 23 McClellan, Buffalo, NY 14220 at the Intermediate Salary of $50,076.00 is hereby approved. PASSED AYES - 9 NOES - 0 1 Recommended by the Committee on Civil Serrvice�. 0- GOILO E . HEARNS maj-�5 2/3- 6 3/4- 7 00049 10 Notices of Appointments- Temp /Prov /Peiin(Cty Clk) Cop# 56, 9/6 Mrs. Russell moved That the above item be the same and hereby is Received and Filed. ADOPTED wr-td ... . ......... U l I --w Recommended by the Committee on Civil Service r e 00 Request to Award Contract -Step 2 Brownfield Opp. Area Proj. To Urban Strategies, Inc. (Strat Plan) (Item No. 12, C.C.P., Sep. 6, 2011) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Common Council hereby authorizes the Mayor to enter into a contract to undertake the Step 2 Brownfield Opportunity Area Project with Urban. Strategies, Inc. as described in the above - referenced communication and further authorizes all appropriate City personnel to tape such actions and to enter into such agreements and arrangements as are necessary in order to undertake, facilitate, and implement the objectives of the Brownfield Opportunity area Program. Passed. Recommended by the Committee on Finances Chai TAB:rmv TAwp6MmswordVmv\6c9- 20c.duc t * AYE * NO * * FONT"ANA * 00011. White's Livery Housing Deve Fund Co & W Side Neighborhood Housing Sery PILOT(Strat Plan) (Item No. 14, C.C.P., Sep, 6, 2011) That the above items be, and the same hereby is, returned to the Common Council with a recommendation for approval_ Mr. Kearns moved: That the Common Council hereby approves the PILOT Agreement attached to the above - referenced item between the City of Buffalo, the County of Erie, and White's Livery Housing Development Fund Company, Inc. ( "HDFC ") and West Side - Neighborhood Housing Services, Inc. ( "WSNHS ") upon the terms and conditions contained therein. Passed. Recommended by the Committee on Financ Chairrn TAB:rmv TAwp60un5wordlnnv17c9,20c.doc * AYE * NV' FONTANA FPANCZYK GO �7 KEARNS 7� L OCTO PRED GEN RIVERA dE ik RUSSELL 7�t SMIM .k /3 ®G q 3/4- 7 000 - t Single Source Provider(Pkg) (Item No. 46, C.C.P., Sep. 6, 2011) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Department of Parking is hereby authorized to contract with Cale as the single source provider of its Web office, which handles all computer networking of the Pay - and - Display Parking Meter Systems. The Web Office was previously included in the purchase contract for the machines, which has since expired. Passed. -V � Recommended by the Committee on Finance Chairman TAB.rmv T:I4 p4vp601niswordVmv18c9- 20c.doc * AYE NO FO's Z GOLD E KEARN& LOCURTO PRID GEN RIVERA RUSSELL � � � 0005) "'A W. Felley -Req CC to Sponsor Resolution to Combine VA. %NY'Healtheare System. and COB Vital Statistics Registrations(#63,916) Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPTED I qf��� Recommended by the Committee on Finance ) i 1 kj k 0001 Budget & Personnel Amendment Common Council (Item No. 115, C.C.P.; Sep. d, 2011) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval. Mr. Kearns moved. That the above - referenced Budget and Personnel Amendment is hereby approved as presented to the Common. Council. Passed. f Recommended by the Committee on Finance Chairman TAB:rmv T:kwp601msword'Tmv\l Oc9- 20c.doc �D 1 * AYE * NO FNTANA FRANCZYK GO KEARN LOCURTO PRIUD RIVERA R USSELL aj 5 20 - 6 .� 3/4- 7 - 0005 A. Rabb - Response Open City Pools at the Mart of Summer Ccp# 20, 07/12 Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPTED 3 Recommended by the Committee on Finance 0005$ Open City Pools at the Stan of Summer Ccp# 86, 06/28 Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Finance �, ) a \ qe' I (Joseph Golombek Jr., Chairman) 015 1 "' M. Concailsi, Agent, Use 561 Delaware to Expand an Existing Restaurant(Fill)(hrg 9/13) (Item No. 87, C.C.P., Sop. 6, 2011) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval. Mr. Golombek moved: That the application of M. Concialdi, as agent, to use 561 Delaware to expand an existing restaurant in the Allen Street Zoning District is hereby approved as presented to the Common Council. Passed. Recommended by the Committee on Legislation Chairman TAB:rmv T:1wp601mswordVmvll3 c9- 20c.doe �b * AYE * NO "I FONT. * FRANCZYK * GOLD MBEK * REARNS LOCURTO PRIDGEN RIVERA RUSSELL 00 05 11 1 M. Goldman, Agent, Use 491 Amherst St for an Outdoor Patio (North)(hrg 9/13) (Item No. 87, C.C.P., Sep, 6, 2011) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval Mr. Golombek moved: That the application of M. Goldman, as agent, to use 491 Amherst St. for an outdoor patio is hereby approved as presented to the Common Council. Passed. Recommended by the Committee on Legislation haian TAB:rmv TAwp60Wswordlrmvl! 40- 20c.doc 14 LO TO aj 2/3- 6 3/4- 7 0 0 0 e5 `) J. Moberly, Owner, Use 53.0 Rhode Island for an Outdoor Patio(Nia) ( (Item No. 89, C.C.P., Sep. 6 2011) That the above item be, and the same Hereby is, returned to the Common Council without a recommendation. Mr. Golombek moved: That the application of J. Moberly, as owner, to use 530 Rhode Island for an Outdoor Patio on Sidewalk in Front of Bar is hereby approved as presented to the Common Council, Passed. Recommended by the Committee on Legislation Chairman TAB:rmv TANYp601unswordVmv1150 -200. doe AY NO M'ONTAN'A * FRANCZYK * x GOLD BE ]KEARNS LOCURTO PRIDGEN RIVERA USSEE a 2/3- 6 3/4- 7 00060 W. Thygesen; Agent, Use 396 Kenmore Erect Double Sided Sign(Univ) (no hrg) (Item No. 91, C.C.P , Sep. 6, 2011) That the above item be, and the same hereby is, returned to the Common Council with a: recommendation for approval. Mr. Golornbek moved: That the application of W. Thygesen; as agent, to erect a double -sided sign at 396 Kenmore Avenue is hereby approved as presented to the Common Council. Passed. Recommended by the Committee on Legislation Chairman Vj TAB:rrrmv TAwp601mswordWmvlm 60 -20c. doe r �w� d * F'O-ikNA * FFANCZYK * GOLD EIS ]KEARNS * LOCURTO * * RIVERA * x * RUSSELL * swffm * * * * aj - S 2/3- 6 3/4- 7 M LL Intro #4-Open/Transparency Ordinance (Item No. 3, C.C.P., July 28, 2011) That the above item be, and the salve hereby is, returned to the Common Council with a recommendation for approval. Mr. Golombek moved: That Local Law Introductory Number 4, is hereby approved as filed for the July 28, 2011 meeting of the Common Council. Passed. Recommended by the Committee on Legislation TAB:rmv TAwp6 mswordlrmv11%9- 20c:dac -� Chairman p * A.YE * NO * FONTANA * � FRANCZ GOLOE EARNS * LOCURTO * PRIDGEN .,,. 0 0 0 6 10 Police Commission Quaftetly.Report ( #4,7!28) Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 0 0 V 610 f� Food. Store (New) 1055 Genesee(Ell).(EDPI) (Item No. 39, C.C.P., Sept. 5, 2011) That the above item be, and the same hereby is, returned to the Common. Council with a recommendation for approval on conditions. Mr. Golombek moved: That pursuant to Chapter 194 , the Commissioner of Permits and Inspections Services is authorized to issue a Food Store License to DELGENCORP of NEW YORK INC., d/b /a DOLLAR GENERAL #12975/ Manager Melissa Fenwick, i Passed. Recommended by the Committee on Legislation Chairman TAB:nnv T :Iwp60\inswordNnnv\l9c9- 20c.doc k C� ,� v J' *AYE*NO* FONTANA FRAN x GOLD E KEARNS LOCURTO RIVERA R USSELL . Mai-5 213- 6 3/4- 7 0006 �n Restaurant Dance License(Renewal) 120 Church St(E11)(EDPI)_ (Item No. 41, C.C.P., Sept. 6, 2011) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval on conditions. Mr. Golombek moved: That pursuant to Chapter 194 , the Commissioner of Permits and Inspections Services is authorized to issue a Class N Dance License to Rudy Rainer at the Adam's Marls Hotel, Passed. Recommended by the Committee on Legislation Chairman TAB:rmv T:1wp60\msword\rmv\20c9 -20c. doc r, 3 * AYE * NO j€'ONT A � r� CZ * — GOL EAR * �Y x H EARNS - LOCURTO PRIDGEN k 9r RIVERA k s� RUSSELL ss s maj - 5 2/3— 6 �k nY 314- 7 006lt) Chicken License -190 Hoyt(Cty Clk) (Item No. 50, Sept. 6, 201 1) That the above item be, and the same hereby is, returned to the Common Council without a recommendation. Mr. Golombek moved: That pursuant to Section 341 -11.4 A of the City Code, the City Clerk is authorized to issue a Chicken license to Aaron S.C. Swanson for the property located at 190 Hoyt Street for the maintenance of a chicken coop for a maximum of five chicken hens. Passed. Recommended by the Committee on Legislation TAB:rmv TANvp60\mswordVniv\216- 20c.doc � �� Chairman �I AYE *NOS FO TANA. Z GOLOE KEARNS LOCURTO PREDGEN RIVERA RUSSELL S. aj -S 213® 6 314- 7 0 v � Restaurant Dance License (Renewal) 946 Main Street St(Ell)(EDPI) (Item No. 28, July 26, X011) (Item. No. 108, C.C.P,, Sept. 6, 2011) That the above item be, and the same hereby is, returned to the Comm. on Council without a recommendation. Mr. Golombek moved: Thatpursu t to S ort 341-1 A "he ' Co the Ci Clerk is authorized $b issue Chic en lie se t Aaron S. son for the rry sated at., 190 Hoyt Street for aintenance of a chicken coop for a maximum of five n hens. P Recommended by the Committee on Legislation %airman TAB:rmv TAwpMmswordVm v12I 6- 20c.dor �J'-' Mr. Golombek moved: "hat the above item be recommitted to the Committee on Legislation FAMO /' M 00 V Waiver of User Fee Bill Late Charges Ccp# 91, 07126 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPTED (::� VIIA - -fl U Recommended by the Committee on Legislation )-:Ib 00068 $,�1 Notification Serials 10617- 10618(PW)( #9, 7/12) Cep# 71, 07/26 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �l� 0006 J. Morales, Agent, Use 2342 Seneca St. for a HSF(South)(no.pub hrg) Ccp# 56, 47112 Mr. Golombek moved That the above 'item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation L r� � 00 P11 9 J. Mareiniak, Agent, Use 333 Amherst St for A Gas Station(North)(no hrg) (Item No. 68, July 26, 2011) That the above item be, and the same hereby is, returned to the Common Council without a recommendation. Mr. Golombek moved: That the application of J. Marciniak, Agent, to use 333 Amherst for a Gas Station is hereby approved as presented. Passed r Recommended by the Committee on Legislation Chairman TAB:rrnv TAwp60\mswoAmivk26r9 -20c, duc r3 t i � i �. �� I ..'. f ■ �. � S� � S'� 5� 74 � ' � � S y �' "�' �i R 0007 J. Macia- Correspondence to Police Dept Requesting Info be Furnished to Reorg Commission Ccp# 42, 06/14 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �y 09� r , J. Mareiniak, Agent, Use 256 Allen -Erect 2 Story Addition to the Rear of a Story Bar/Restaurant(Fill)(hrg 6/21) ((Item No. 52, C.C.P., Juice 14, 2011) That the above item be, and the same hereby is, returned to the Common Council Without a recommendation. Mr. Golombek moved: That the application of J. Marciniak, as agent, to use 256 .Allen to erect a 2 -story addition to the rear of a 2-story Bar/Restaurant is hereby approved as presented to the Common Council. Passed.. Recommended by the Committee on Legislation Q\a9k Vi Chairman TAB:rmv T:Iwp6Otmsword\rmv128c9- 20c.doe �.k Fr i 7 1 Food Store License (Now) 516 Abbott(South)(EDPI) (Item No. 19, C.C.P., May 31, 2011) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval. Mr. Golombek moved: That pursuant to Chapter 194 of the City of Buffalo Ordinances, the application of South Buffalo Food Corporation, Esam Ahmed Al Areqi, for 516 Abbott is hereby approved as presented to the Common Council. Passed. Recommended by the Committee on Legislation Chairman TAB:rmv TAwp60Idnswordlrmv124c9- 20c.doc P'� 0 *AYE *ISO* FOWANA FRANCZYK * * K GOLD EIS KEARNS * * LO TO * PRED GEN RIVERA * RUSSELL * aj 2f3 -6� 314- 7 I 0 0 07 1 . Used Car Dealer -426 Abbott(South)(EDPI) (Item No. 30, C.C.P., July 12, 2011) That the above item be, and the same hereby is, returned to the Common Council without a recommendation for approval. Mr. Golombek moved: That the above item is hereby recommitted to the Committee on Legislation for fiu-ther consideration. Pawed. 4�- Recommended by the Committee on Legislation C hairman TAB:rmv T:1wp60Wsword\nnv13Oc9- 20c.doc 00075 Response #33, ccp 2/8111 -Blood .Infectious Disease Risk to COB Citizens(Pol) Cep# . 16, 2/22 Mr. Golombek moved That the above item be the same and hereby is Received and piled. ADOPTED Recommended by the Committee on Legislation g Q11(:1 M. Kearns -P. Kullerkupp-Blood Infectious Disease Risk to Citizens of COB Ccp# 33, 218 Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPTED e Recommended by the Committee on Legislation '�'b )-- 0007" Support of Roswell Park Cancer Institute's Smoke -Free Campus Cep# 96, 1218 Mr. Golombek moved That the above item be the same and hereby is Received and >~i led. ADOPTED Recommended by the Committee on Legislation t �2�`� �.,� � .. o ,f _ City Clerk's Department BUFFALO September 20, 2011 III W 11 1111 I 'M l o o m Irr, -r� Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No, 78 PASSED September 20, 2011 Appoint Commissioner of Human Resources - Patricia P. Folts (Mayor) Gerald A Chwalinski City Clerk c S P 2 0 2011 0� Appoint Commissioner of Human Resources- Patricia P. Folts(Mayor). (Item No. 4, C.C.P., September 6,2011) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval. Mr. Fontana moved: That the Appointment of Patricia P. Folts as the Commissioner of Human Resources is hereby confirmed. Passed. Recommended by the Committee of the 'Whole t Chairman TAB:rmv T p60\nisword\r v\34c9- 20c.doc flu 3t� Maj `s 2/3- 6 314- 7 AYE * N® ONT'ANA FRAN GOLOAME KEARNS LOTTO - PREDGEN 61� RIVERA R USSELL Maj `s 2/3- 6 314- 7 0007 .9 Comptroller's Budget Response 2011 -2012 Ccp## 12, 5/17 Mr. Fontana moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee of The Whole 0 0 IS " ib Schedule of Meetings and Budget Hearings for the 2011 -241 Budget Cep## 18,4/19. Mr. Fontana moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee of The Whole 0008 L Peszynski- League of Women Voters Redrawing Boundaries of CC District Cep# 36, 218 Mr. Fontana moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee of The Whole 00082 M. Kearns - Concerns City Hall E -mails Cep# 75,.3/30 Mr. Fontana moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee of The Whole yc�0 000 8 3 r , Reappoint Commissioners Pursuant to 5 -4 City Charter (Comm Svs, A &F,M)(Perri - Johnson Only)( #77,1!5) Ccp# 41, 212 Mr. Fontana moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee of The Whole RESOLUTIONS September 20, 2011 00084 o Q By: Mr. Franczyk and Mr. Pridgen RE: Grant Permission for Visit Buffalo Niagara to Hang Banners -- Niagara Square Whereas: Visit Buffalo Niagara sells and markets our assets and attractions to visitors outside of the Buffalo Niagara region as a convention, tourism and leisure destination for the economic benefit of the community; and Whereas: The National Trust for Historic Preservation conference, along with 8,000 out of town guests, will be coming to Buffalo in October; and Whereas: In order to inform the public and celebrate the conference, Visit Buffalo Niagara is requesting permission to hang 28 banners on the light poles in and around Niagara Square; and Whereas: Visit Buffalo Niagara would like to hang the banners from October 1, 2011 until October 31, 2011; and Whereas: Visit Buffalo Niagara has been in contact with the City of Buffalo's Department of Public Works and understands all the requirements necessary for proper installation of said banners; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to Visit Buffalo Niagara to hang 28 banners on light poles in and around Niagara Square from October 1, 2011 until October 31, 2011; and Now, Therefore, Be It Further Resolved: That said banners 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. ( avid A. Franczyk Darius G. Pridgen ADOPTED 00085 RE: SEIZE LARGE STEREO SYSTEMS IN MOTOR VEHICLES WHEREAS: Large boom -car stereo systems blaring extremely loud booming music have plagued Buffalo neighborhood for years; and, WHEREAS: The exceedingly loud noise emanating from these stereo systems greatly disturb people at all hours of the day and night; and, WHEREAS: The projectors of this form of audio "rolling thunder" seem to have gone beyond a simple enjoyment of music in a responsible manner, but appear to revel in an aggressive farm of anti - social and illegal behavior by publically blaring noise at such an extreme level; and, WHEREAS: The base centered booming of this noise is a threat to public health inflicting adverse medical consequences on those exposed to this audio pollution, including hearing loss, loss of sleep, high blood pressure, anxiety, stress, depression and other baneful consequences, and, WHEREAS: Those selfishly booming this noise also are less likely to hear emergency vehicles, putting themselves and others at risk of traffic accidents and injury; and, WHEREAS: In most cases, the sounds blaring from these vehicles are not even heart{ as music, but are offensive window rattling electronic base rumbling emanations, afflicting every city neighborhood and the downtown business district; and, WHEREAS: The use of the boom stereo systems are illegal and are in violation of local Law 293.4 regarding Specific acts constituting unreasonable noise, which reads, "The use of any sound- reproduction devise outside a structure either on private property or on a.public right-of-way or public space at any time with the residential area or within the commercial area which by causing noise, annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities" .. . Further, "the use and operation of any sound - reproduction device in a vehicle which would constitute a threat to pedestrians or vehicle operators ... (which) would deprive the public of the right to the safe, comfortable, convenient and peaceful enjoyment of a public street, park or place for public purpose and would constitute a threat to the safety and welfare of the public;" and, WHEREAS: The sound systems are not factory installed but are installed by vehicle owners, with large stereo speakers placed in trunks and the backs of cars, trucks and SUVs; and, WHEREAS: The Common Council has increased fines for noise violations, including the boom cars, but the problem remains unabated; That the Law Department be directed to draft an ordinance amendment that enables the Police Department to seize, remove and impound stereo systems in vehicles which are used in violation of Section 293-4 of the City Charter. e� `- = f ADOPTED \2)" By: Mr. Golombek Re: Discharge Legislation. Committee Item #106 C.C.P. Sept. 6, 2011 "R. Harper, Agent, Use 396 Kenmore to Erect Double Sided Billboard Sign (Univ) (Hrg 7/28)(##57, 7/26)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #106 C.C.P. Sept. 6, 2011 "R. Harper, Agent, Use 396 Kenmore to Erect Double Sided Billboard Sign (Univ) (Hrg 7/28)( 457, 7126)" and said item is now before the Common Council for its consideration. P 19 Joseph Golombek, Jr. ADOPT DISCHARGE, APPROVED KEGS LOCURTO PREDGEN , RIVERA RUSSELL M 5 213 ®6 3/4- 7 0 Sy: Mr. Golombek Re; Discharge Legislation Committee Item #107 C.C.P. Sept. 6, 2011 "Food Store (New) 471 East Ferry (NMasten )(EDP1) (#27, Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #107 C.C.P. Sept. 6, 2011 "Food Store (New) 471 East Ferry (Masten) (EDPI) ( #27, 7126)" and said item is now before the Common Council for its consideration. op I � 1 Joseph Golombek, Jr. ADOPT DISCHARGE, APPROVED w�) r: .AYIE NO sk TOIA gg gg yy,, GOLOME x * �r BSc gF RNS dr sk LOCUR 4 s� PRIDGEN �r RWERA s� RUSSELL 4r a� x yk Mai,. 5 - 1 6 /a a� 3f4 ° .l 00088 RESOLUTION Sponsor: Common Council Member Michael P. Kearns Subject: The Consolidation of Vital Statistics Reporting Districts #1498 (VA WNY Healthcare System) and 41401 (Registrar of Vital Statistics, Buffalo, New York) WHEREAS: In accord with New York State Public Health. Law Section 4120, the City of Buffalo is a primary registration district for maintaining vital statistic records and certificates and is designated as Reporting District #1401; and WHEREAS: Currently, the Veterans Administration of Western New York Healthcare System (VA WNY Healthcare System) is maintaining vital statistic records and certificates for deceased individuals as Reporting District #1498; and WHEREAS: The records custodians of Reporting Districts #1401 and #1498, recognizing the geed to be compliant with New York State's Public Health Laws, desire to comply therewith by consolidating Reporting District #1498 into Reporting District #1401; and WHEREAS: The consolidation of Reporting District (#1498 (the VA WNY and Reporting District #1401 (the Registrar of Vital Statistics, Buffalo, NY) and the corresponding transfer of vital statistic records and certificates currently located at the Buffalo VA Healthcare facility, to City Hall, Buffalo, NY, is in the best interests of all concerned in that the consolidation will facilitate the safe keeping of such records in one centrally located and easily accessible location, thereby avoiding the current need to determine which of the multiple custodians I locations can provide a needed vital statistic record or certificate; and WHEREAS: In conjunction with the approvals contained herein, and with that of the Erie County Legislature, the New York State Commissioner of Health may issue a consent order to consolidate Vital Statistic Reporting District #1498 into District #1401. NOW THEREFORE BE IT RESOLVED: In accordance with Section 4120 of the Public Health Law, the City of Buffalo Common Council does hereby approve the request of the Registrar of the VA WNY Healthcare System, as custodian for Reporting Districts ##1498, and the Registrar of Vital Statistics, Buffalo, New York, as custodian of vital_ statistic records Reporting District #1401, to consolidate the vital statistic records maintained by the Registrar of the VA WNY Healthcare System as custodian for Reporting Districts #1498 with the vital statistic records maintained by the Registrar of the City of Buffalo, NY, by the merger of Reporting District 1498 into Reporting District #1401 as evidenced by Enclosure 1; 4 A AND BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to furnish certified copies of this resolution to the New York State Commissioner of Health, to the Interim Medical Center Director of the VA Healthcare Facility as custodian of Vital Statistic Reporting District 1495, to the Corporation Counsel of the City of Buffalo, NY, and to the Eric County Legislature together with a request to prepare and approve a similar resolution pursuant to NYS Public Health Law Section 4120 part 2a, to enable the consolidation of record keeping functions as described herein. AND BE IT FINALLY RESOLVED: That the City Cleric file with this Honorable Body, a copy of the final approval of the NYS Commissioner of Health, to consolidate vital statistic reporting district 0498 into - 91401 by the hhhcrger thereof: MICHAEL P. LEARNS Common Council Member - South District Chairman, Common Council Finance Committee - CONSOLIDATION OF VITAL STATISTICS REPORTING DISTRICTS The. Registrar far the Vital Statistics Registratilon bistrict 1401 and the Medical Center Director for the Vita Statistics Registration : District x.4M hereby agree to the consolidation of their respective reporting districts. All vital records iii strict 1408 shall fie transferred to District 1401. The purpose of this consolidation is to facilitate vital records registration and to better serve the public. The Registrar of Vital. Records for the City of,Buf , to (Registration District 14[71) Gerald A. Chwalinski, agrees to accept and maintain in accordance. with the policies and procedures of the New York State Department of Vital Records, all the vital records that are on file at the CIA Western New York Healthcare System, {Registration District 149.8) = Jason. .C. Petti, l.nterim Medical Center Directorfor-the VA Western New York Healthcare System, shall effectuate the transfer of the certificates at.the VA Western New York Healthcare System to the City of Ruffalo, upon authorization of the State Health Conlrnissivner and the approval of the Erie County Legislature. Lzril Date Gerald A. Chwalinski Registrar — District 1401 Date mmm RESOLUTION Sponsor: Michael P. Kearns Re: Name New Field at Mulroy Park "Pierce Field at Mulroy 'ark" Whereas: Established in 2008, Buffalo Legacy Corporation, a charitable, community -based organization, has been working on designing a modern, multi- purpose athletic field in South Buffalo; and Whereas: The current configuration of public recreational space in South Buffalo fails to meet the needs of the neighborhoods population; and Whereas: Buffalo Legacy Corporation recently received a $200,000 grant from the Buffalo Bills as part of the National Football League Grassroots Program; and Whereas: The grant will be used to install a new synthetic turf field at Mulroy Park, which will be one element of a multipurpose recreation and community facility featuring football, soccer, health and wellness programs and other activities; and Whereas: Buffalo Legacy Corporation has developed plans for the facility which will be an integral . part of the rebirth of the South Park Tifft Street area of South Buffalo; and Whereas: Aaron Pierce and the Pierce family have been instrumental in raising the matching funds necessary to make the new field a reality; and Whereas: The state- of-the art artificial turf athletic A -Turf field, a multipurpose, all - weather synthetic playing surface, will be available for use year round under most weather conditions is scheduled to be open in 2012; and Now, Therefore be it Resolved That: To recognize the extraordinary commitment and leadership of Aaron Pierce and the Pierce family in making the project a reality, this Honorable Body does hereby approve the naming of the new athletic field at Mulroy Park as "Pierce Field at Mulroy Park "; and Be it Further Resolved That: That the City Clerk be directed to file a notice of intention which directs a public hearing on the proposed naming in accordance with Chapter 286 of the City Code; and Be it Finally Resolved That: The Common Council hereby approves the naming of the new athletic field at Mulroy Park as "Pierce Field at Mulroy Park ". �s Michael P. Kearns ADOPT RESOLVER, REFER REMAINDER TO THE COMMTTTE ON LEGISLATION a� e Ouffato C o-mmon Council MICHAEL Ps KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY FULL BUFFALO, NY 14202 -3318 PHONE: (1 851-5169 i� FAX: (716) 851 - 429 =1 E-mail: rrkeen5�cily- 1�uffalo.eorn MAN TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: September 15, 2011 CHAIRMAN FINANCE TRr \its ORTATiO N WATt:RFRONT DEVELOPMENT COMMITTEES BUDGET BURR CIVIL SERVICE CLAIMS LEGISLATIVE- ASSISTANTS MARTHA -ANN~ MURPHY KELLY M. KRUG MATTHEW FISHER RE: Resolution to Name New Field at Mulroy Park "Pierce Field at Mulroy Park" I would like to file the attached information for the next Common Council meeting to be held on Setember 20, 2011. Thank you - "Tor the People `/ 000190 RESOLUTION Sponsor:. Michael P.. Kearns Co- Sponsors: Michael J. LoCurto; Darius G. Pridgen; David A. Franczyk; Richard A. Fontana; Demone A. Smith; David A. Rivera; Joseph Golombek, Jr. Subject: Requesting that. the NYS Legislature Amend L,abor.Law section 904. to Exempt Contractors of the City of Buffalo.from payment of Asbestos Project Notification Fees for demolitions WHEREAS: Although Buffalo is the midst of a vacant property crisis and spends millions of dollars each year to fund demolition work, the City continues to struggle to keep pace with this problem due to the large number- of buildings that need to be taken down and the high cost of demolition work; and WHEREAS: Pursuant to section 904(2) of the NYS Labor Law, any contractor engaged in an asbestos project involving more than 260 linear feet or 1.60 square feet of asbestos or asbestos materials is required to notify both the US Environmental Protection Agency, Region 11, Air and Hazardous Material Division and the Commissioner of the NYS Dept. of Labor in writing 10 days prior to the commencement of the project or, if emergency conditions make it impossible to provide 10 days of prior notice, as soon as practical after identification of the project; and WHEREAS: This asbestos project notification must include infonnation regarding the qualifications of the contractor working on the project, a description of the building or area where the project will occur, the amount and type of asbestos material, the scheduled starting and completion dates for the project, and the procedure and equipment to be used to complete the project; and WHEREAS: When submitting this asbestos project notification to the Commissioner of the NYS Dept. of Labor, asbestos contractors are also required to pay an asbestos project notification fee to New York State, which is calculated based upon the size of the project. For projects sized in linear feet, the fee is $200 for a project that is between 260 to 429 linear feet, $400 for 430 to 824 linear feet, $1,000 for 825 to 1649 linear feet and $2,000 for projects larger than 1650 linear feet, For projects sized in square feet, the fee is $200 for a project that is between 160 and 259 square feet, $400 for 260 to 499 square feet, $1,000 for projects between 500 and 999 linear feet, and $2,000 for projects larger than 1;000 square feet; and WHEREAS: It is not uncommon for asbestos notification fees on a given project to total $4,000 when both asbestos measured in linear feet and asbestos measure in square feet are taken into account; and WHEREAS: Although the asbestos project notification fee is paid by the contractor directly, these costs are passed along to the City of Buffalo and its taxpayers; and WHEREAS: The City or its asbestos contractors are responsible for performing and testing all removal work, and so it is unclear what costs the State is incurring which necessitate the collection of these asbestos project notification fees from the City of Buffalo; and WHEREAS: When conducting demolitions in the City of Buffalo, the structures in question are often large, have been subdivided and f or have garages or related accessory structures. This may lead to work at a one site being deemed to be multiple asbestos projects rather than one, each of which requires submission of a separate asbestos project notification and separate fee to the State; and WHEREAS: According to Buffalo Department of Permits & Inspections statistics, roughly 50% of the 1,420 demolitions that the City of Buffalo has funded since July of 2008 involved payment of the maximum asbestos project notification fee charged by the State; and �Or' �v �� WHEREAS: If the New York State Legislature were to waive asbestos contract notification fees for those contractors who are hired by the City of Buffalo to perform demolition work, the City could much more effectively use the scarce funding at its disposal to combat its vacant property crisis and greatly increase the number of properties that it is able to demolish each year; and NOW, THEREFORE, BE IT RESOLVED: That the Common Council respectfully requests that the New York State Legislature amend NYS Labor Law section 904 to exempt contractors of the City of Buffalo from payment of asbestos project notification fees for demolitions; and BE IT FINALLY RESOLVED, That the City Clerk is directed to send certified copies of this resolution to Jaynes Comerford, Commissioner of permit & Inspections Services; Steven J. Stepniak, Commissioner of Public Works; David Rodriguez, Acting Corporation Counsel; Colleen C. Gardner, NYS Commissioner of the NYS Dept. of Labor; and the City of Buffalo's representatives in the New York State Senate and Assembly. Michael P. Kearns Michael J. oCurto South District Council Member Delaware District Council Member avid . anczyk Richard A. Fontana pill re D strict Council Member Lovejoy District Council Member David A. Rivera Jos ph Golombek, Jr. Niagara District Council Member North District Council Member . Pridgen ittrict Council Member Demone A. Sinith Masten District Council Member i LJbb b1V ,DULY Ab 2011, � bl( SIX. . s 1#1 A5 C3A /P# 67105 125102 ADDRESS A raEMO> mON - T TA 49 HAWLEY '� . � 0 a /L. 21 166779 1 82315 741- 1AWLDY 3 168051 150$18 173 FERRY WEST � 52 Y R I9 1 3 .' NONE 164333 i 03 FOREST- GAR NONE 00 5 165684 162262 269 HAMPSHIRE 6 167210 121767 151 MASSACHUSETTS I i 7 167265 155877 L '225 REAR ON U S�S � , J � � �, � O 8 167377 12625E 82 PARKDALE 1 L5 (� 9. 167273 164322 399 PLYMOUTH j �Jt� f G► c `� 10 167275 157283 401 PROSPECT � � 0 1 1 1672761 157757 919 PF OSPECT 12 NONE 121703 541 UTICAWEST !TONE 14EE 5 6 1 1 7 3 Page 9 of 2 00091.. RESOLUTION Sponsors: Michael P. Kearns Subject: Waive Band Shell Rental Fee for the Cazenovia Resource Center's September 11, 2001 Memorial Event WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, Pursuant to Chapter 175 of the Code, the established fee for rental of a Band Shell is $400 per day; and WHEREAS, The Cazenovia Resource Center is seeking the use of a Band Shell at Cazenovia Park near the Casino on Sunday, September 11, 2011 between the hours of 6:30 pm and 8:30 pm for use in a ceremony of remembrance and reflection for the 10' anniversary of the September 11 2001 terrorist attacks; and WHEREAS, This event is being organized by the Cazenovia Resource Center along with members of local block clubs and the South District Common Council Office and will feature a candlelight vigil and a brass band playing patriotic music; and WHEREAS, The Cazenovia Resource Center is a South Buffalo based non - profit organization that has limited financial resources and has contacted the Common Council to request that the fee for use of this Band Shell be waived; and WHEREAS, Waiving the $400 fee for use of the band shell by the Cazenovia Resource Center will enable the group to stage a fitting tribute in South Buffalo for the victims of the September 11, 2001 terrorist attacks; and NOW, THEREFORE, BE IT RESOLVER, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, Department of Public. Works, Department of Law and. all other involved City Departments waive all fees associated with the Cazenovia Resource Center's use of a Band Shell for a remembrance ceremony for the tenth anniversary of the September 11, 2001 terrorist attacks to be held at Cazenovia Park near the Casino on Sunday, September 11, 2011 between the hours of 6:30 prn and 8:30 pm; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, Law and the Cazenovia Resource Center, 155 Cazenovia St, Buffalo NY 14220. Michael P. ]Kearns PASSED South District Council Member F . � f *AYE *NO* 0 .0099 „ By: Michael J. LQCurto RE: Adopt Rachel Vincent Way as the name of the new street that is being constructed in the Colvin Estates subdivision WHEREAS, Pursuant to Section 28643 of the City of Buffalo Charter any Common Council Member by resoIution duly filed may request the Common Council to consider the naming of a public street, park, or public building; and WHEREAS, The Colvin Estates subdivision project is currently under construction and the Colvin Estates will be located off of Colvin Avenue between Taunton Place and St. Lawrence, in the Delaware district; and WHEREAS, Rachel Gordon passed away in March of 2006; she was a Registered Nurse for 57 years. Rachel became one of the first Hospice volunteer nurses in Buffalo when Hospice was first founded in the mid - 1970's. She received .many awards and accolades for her selfless and tireless work caring for the sick and dying, including Hospice's Longtime Volunteer Award in 1993; and WHEREAS, Vincent LaDuca passed away in October of 2007. He was born in Buffalo, but left to join the Navy at the age of 18 and bravely served in the South Pacific until the end of the war. Vincent proceeded to become a teacher in the Buffalo Public Schools and taught at Seneca Vocational for over 40 years. He was beloved and respected by his colleagues and students, and received the Teacher of The Year Award several times. When he passed away he was honored with a full military funeral; and WHEREAS, Rachel and Vincent are two citizens that have given so much of themselves to help others and to better their communities; both are deserving of the honor of having a street in Buffalo named after there. MOW, THEREFORE BE IT RESOLVED, That the Common Council hereby adopts Rachel Vincent Way as the name for the first new primary street that will be located in the Colvin Estates subdivision; and NOW, THEREFORE, BE IT FINALLY RESOLVED, That the City Clerk is hereby directed to send certified copies of this resolution to Steve Stepniak, Commissioner of Public Works, Parks & Streets; Peter Merlo City Engineer and David Rodriguez, Acting Corporation Counsel. a Michael J. Lo urto Delaware District Councilmember i I �, /?I-, * AYE *NO* FONTANA FRANCZYK * GOLOMMEK * LO 'T PRIUDGEN RWERA RUSSELL W- 6 314- 7 00093 RESOLUTION Sponsor: Darius G. Pridgen Re: REQUESTING INFORMATION AND CLOSER COLLABORATION BETWEEN NYSDOT, THE CITY AND COMMUNITY REGARDING EFFORTS TO COVER RTE. 33 WHEREAS: On September 1, 2009, the Common Council adopted a Resolution sponsored by Council Member Smith (Res. 112, "Cover Rt. 33 & Re- Imagine the Humboldt Pkwy ") supporting collaborative efforts between the Greater Buffalo Niagara Regional Transportation Council (GBNRTC), New York State Department of Transportation (NYSDOT) and other community and stakeholder groups to advance the proposed project of covering Route 33 in the City of Buffalo; and WHEREAS: Covering the "bathtub" section of Rte. 33 would allow for the reunification of a once thriving area of our City that was artificially divide by a highway, and would likely spur new investment and positive transformation to the East Side of our City; and WHEREAS: The Ellicott District Common Council Office has received numerous inquiries from constituents and stakeholders, including the Reclaiming our Community Coalition (ROCC), regarding the likelihood of Route 33 being covered as well as the status of funding for this project which would benefit our community; and WHEREAS: Many of this inquires have specifically focused upon the status of millions of dollars that were supposedly allocated by NYSDOT to conduct a study of the feasibility of covering a portion of Rte. 33; and WHEREAS: Residents and stakeholders are frustrated by the lack of transparency exhibited by NYSDOT on the proposed project to cover Rte. 33 and have expressed growing concern that monies which were set aside for this project are not being used to provide the fullest benefit to their community; and WHEREAS: As much of the area surrounding Rte. 33 is composed of minorities and low income residents, there is also concern within the community that local people will be left out of decision making and economic opportunities involved with the project if it should continue to advance as hoped; and WHEREAS: Greater communication between the State, City and community in regards to this proposed project would only benefit this project and the community. Now, THEREFORE, BE IT REsoLvED - . That the Common Council respectfully requests that NYSDOT apprise the Common Council of the current progress made towards studying and /or planning related to the potential covering of Rte 33, as well as the current status of monies allocated and spent thus far for this project; and Now, BE IT FINALLY RESOLVE: That the City Clerk forward certified copies of this adopted resolution to the Mayor, appropriate NYSDOT officials, the GBNRTC, and the ROCC. Darius G. Pridgen Ellicott District Council Member 0009 f Sponsor: Darius G. Piridgen Subject: Permission to hang banners along Delaware Ave from Bryant to Niagara Square Whereas: The Erie County Coalition Against Family Violence was founding in 1978 and is .a member- driven organization which engages in social change activism to dismantle the root causes of domestic 'violence at the individual, organizational, and institutional level; and Whereas: Nearly one in four women in the U.S. reports experiencing violence by a current or former spouse or boyfriend at some point in her life, and almost half the women murdered in New York State are killed by their intimate partner; and Whereas: The Erie County Coalition Against Family Violence is will be hosting, as part of National Domestic Violence Awareness Month, a series of workshops, trainings, and events throughout the region in order to increase awareness about domestic violence; and Whereas: The Erie County Coalition Against Family Violence would like to promote National Domestic Violence Awareness Month within the City of Buffalo; and Whereas: Violet is the color chosen for the statewide "Shine the Light on Domestic Violence" campaign, as workplaces are asked to "Go Violet to End Violence "; and Whereas: The Erie County Coalition Against Family Violence will be placing lawn signs and tying purple ribbons around lampposts of participating businesses from October 19"'thru October 23rd; and Whereas: Last year, The Erie County Coalition Against Family Violence had over fifty individuals and organizations participate locally; and L��� 1 Now Therefore Be at Resolved That. The Common Council of the City of Buffalo grants permission to The Erie County Coalition Against Family Violence to hang said banners to commemorate the coalition's third year of participation in the statewide "Shine the Light on Domestic Violence" campaign; and Be It Further Resolved. That The Erie County Coalition Against Family Violence will meet all the requirements of pertinent City Departments and ensure that no existing laws are violated. S ,c,. /aosl� DARIUS G. PRIDGEN Ellicott District Council Member rY, U UU5 B.X: Ms. RUSSELL BUDGET AND PERSONNEL AMEND MENT 04 AUDIT & CONTROL 1042 AUDIT The Common Council of the City Of Buffalo does ordain as follows: That park of Section 9 of Chapter 35 of the Code of the City of Buffalo, relating to 04 -- Audit & Control, 9042 - Audit, which currently reads: 2 Associate Auditor 7 Senior Auditor Is hereby amended to read: 3 Associate Auditor 6 Senior Auditor $ 45,358 - $ 52,585 $ 44,790 - $ 50,398 $ 45,358 - $ 52,585 $ 44,790 d $ 50,398 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. 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 cerfified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position DARRBY FISHKIN, DEPUTY COMPTROLLER 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. PASSED DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE A PROVED AS TO FORM A C�1 , 15 Corporation Counsel 08/25/2019 �. Estrich,Donna Proem: McPherson, Darryl Sent: Monday, August 22, 2011 1:44 PM To: Estrich,Donha Cc. Banks,Judy S. Subject: Budget Amendment Donna., could you prepare a budgetipersonnel amendment to change one Senior Auditor (step 5) $50,398 to an Associate Auditor (step 4) $50,719? 1 will be promoting someone from the promotional Civil Service list. There should be funds available in my salary account due to vacancies. if you have any questions, please feel free to call me. Thanks. d *. AYE * NO FONTANA LO T ICY: Ms. RUSSELL 00.090 BUDGET AND PERSONNEL AMENDMENT 03— MAYOR 1509 — STRATEGIC PLANNING 1512 — ENVIRONMENTAL AFFAIRS 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 03 W- Mayor 1505 — Strategic Planning and 1512 - Environmental Affairs, which currently reads: 1609 — STRATEGIC PLANNING Assistant Environmental Program Coordinator $ 44,027 - $ 50,744 Is hereby amended to read: 1509 — STRATEGIC PLANNING 0 Assistant Environmental Program Coordinator $ 44,027 - $ 50,744 1512 — ENVIRONMENTAL AFFAIRS Director of Environmental Affairs $ 54,142 - $ 61,659 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. 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 BRENDAN R. MEHAFFY, EXECUTIVE DIRECTOR OF STRATEGIC PLANNING 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. PASSED [ APPROVED AS TO FORM I Corporation Counsel 09113/2011 BRENDAN R. MEHAFFY EXECUTIVE DIRECTOR OF STRATEGIC PLANNING DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE Fa`ak James From: Estrich,Donna Sent: Monday, September 19, 2011 12:17 PM to: Pajak,James Subject: FW: Request Salary Ordinance Amendment From: Mehaffy,Srendan Sere: Monday, September 12, 20114:00 PM To: Fstrich,Donna Cc: Bobinchek,Dana; Penksa,Janet; Boulware,Lanette Subject. Request Salary Ordinance Amendment Donna: With the retirement of Greg Bernas, it has been determined that OSP would benefit more from having the title of Director of Environmental Affairs in the budget than Greg's former title, Assistant Environmental Program Coordinator, 03 -1509, $44,027 - $50,744. Therefore, I am requesting that this title be removed from the budget of the Office of Strategic Planning and that Director of Environmental Affairs 03 -1512, $54,142 - $62,596 be added. my budget Will absorb the $3,398 difference in salary as the titles of Director of Development ($75,000) and Economic Development Coordinator ($50,000) have not yet been filled. Let me know what we can do. Thanks, Brendan Brendan R. Mehaffy, Esq. Executive Director Office of strrategie Planning City of Buffalo 920 City Hall Buffalo, New York .14202 (716) 851- GROW (4769) (716) 851 -5016 le *AYE FONTANA FRANC s� GOLO LOCURTO PREDGEN RIVERA RUSSELL j 5 /3- 6� 3/4- 7 . 00097 BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2412, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo a Angela R. Myles TOTAL 1 m. ��F n OF Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Christopher Walker Emily Neish HUNIUMM m 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 Tuesday, September 27, 2011 at 9:45 o'clock A.M. Committee on Finance Tuesday, September 27, 2011 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, September 27, 2011 at 1:00 o'clock P.M. Committee on Legislation Tuesday, September 27, 2011 at 2:00 o'clock P.M. Special Committees Committee on Legislation Thursday September 29, 2011 at 10:00 AM in Room 1417 City Hall to discuss Mobile Food Vending {Public Disclaimer All meetin s are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time viven for notification it will be provided. In addition there ma be meetin s set u whereb the Cit 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. 0 0 No. Adjournment On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at GERALD A. CHWALINSKI CITY CLERK September 20, 2011