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HomeMy WebLinkAbout12-1226CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO DECEMBER 26, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith - 9 Absent - 0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on December 11, 2012 were approved. FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 51 [213 - 6] [314- 7 *AYE* NO * * * * * * December 26, 2012 * * December 26, 2012 a FROM THE MAYOR December 26, 2012 GL_ #4 (Rev 7 -07) 0 01 0 I .I J Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: DECEMBER 17, 2012 in the Department of Division of to the Position of EXECUTIVE MAYOR DEPUTY MAYOR Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $97,853. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME ELLEN E. GRANT DATE ADDRESS 387 WHITE OAK LANE CITY & ZIP GRAND ISLAND, NY 14072 LAST 4 DIGITS OF SSN. XXX -XX -4355 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP L AST 4 DIGITS OF SSN. XXX - XX- BUDGET ORG. CODE 10301001 TITLE CODE NO 5502 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -079 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: RECEIVED AND F ILED NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR DECEMBER 12, 2012 SIGNATURE OF APPOINTING AUTHORITY: IN - al�:� ORIGINAL + 2 COPIES TO: CITY CLEW- ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- - EMPLOYEE(S) 0000. TO: THE COMMON COUNCIL DATE: December 20, 2012 FROM: THE EXECUTIVE DEPARTMENT SUBJECT: Appoint Donna J. Estrich Commissioner of Administration, Finance, Policy, and Urban Affairs In accordance with § 10 -2 of the City Charter, I hereby appoint Donna J. Estrich Commissioner of Administration, Finance, Policy, and Urban Affairs. Ms. Estrich has extensive city budget and policy experience. With more than eighteen years in city government, Ms. Estrich has most recently served as the City of Buffalo's Budget Director for nearly seven years and has previously served as the City's interim Commissioner of Administration and Finance. Prior to being named Budget Director in 2006, Ms. Estrich was a senior member of the City's budget team having served as Management Budget Analyst for five years. Ms. Estrich has played a major role in managing the City's finances and has been critical to my administration in improving the City's financial health as we move forward. Ms. Estrich earned her BS from Buffalo State College and is currently pursuing a Master's Degree in Public Administration. I believe Ms. Estrich, based on her significant experience and expertise will serve with distinction and I urge Your Honorable Body to approve the confirmation of Ms. Estrich at your earliest opportunity. REFERRED TO THE COMM LF Gt c L4T f ) N� _ -QA DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: �, �f 7u�lllaai� ►a \•[ �1'��'i1�li�Y_�il- ��f'7.�: ►711�i�►f111 December 26, 2012 9 FROM THE CITY PLANNING BOARD December 26, 2012 00,00 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Houk Lofts Location: 320 Grote Street Type of Action: Type 1 - Coordinated Description: Rocco Termini is proposing the renovation of the building located at 320 Grote Street Buffalo New York. The intention of this project is to build a walkable, sustainable neighborhood within a two block area of 320 Grote Street. The community is currently a census tract that has an average income at 50 percent of the median income. This project not only should benefit a somewhat struggling area, it will improve a building thatcould potentially become a neighborhood eyesore and a danger to the public. The project will contain 23 apartments, a high end hair studio and a tattoo studio (ink Inc.). There will be 20 one bedroom apartments and three two bedroom apartments with rent ranging from 900.00 - 1250.00 dollars a month. The project is located only two blocks from the Grant Amherst commercial district including a supermarket and many diverse shops and restaurants. The Elmwood #20 bus is one block away. The project is being reviewed by the NYS Office of Parks, Recreation and Historic Preservation and approval is expected. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This betermination: The facts and reasons for this decision are as follows: This project will add significantly to the recent rejuvenation of a strong, thriving community helping to move forward the neighborhood effort to create a new well balanced urban neighborhood. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202- 716 851 -5085 Dated December 18,2012 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection ECIDA NYS Office of Parks Recreation and Historic Preservation Signature Development ECEI 'VEC Al FILED I 3 FROM THE OFFICE OF STRATEGIC PLANNING 00001. I #1 (Rev. 1193) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 17, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 146 Maple, 27.50'N Virginia Lot Size: 25' x 100' Assessed Valuation: $1,400 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Vincent L. Vines, 750 Virginia Street, Buffalo, New York 14204 to purchase 146 Maple Street. Mr. Vines owns and has resided at 750 Virginia for the past twenty five (25) years. He intends to fence in 146 Maple, which is adjacent to his home and use the vacant lot for extra 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. A market analysis performed by the Division of Real Estate indicates the value of the property to be One Thousand Four Hundred ($1,400), Fifty Six Cents ($.56) per square foot. Mr. Vines has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Fifty Six Cents ($.56) per square foot 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 146 Maple to Mr. Vincent L. Vines in the amount of One Thousand Four Hundred Dollars ($1,400). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTIE . ELSON TITLE: DIRECT R O REAL ESTATE OFFIC OF RAT,EGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: CRN:ck Repsale inhouse 146maplelsales REFERRED TO THE COMMMTEE1,' ON COMMUNITY DEVE.LOPMINT. 4 0006) ##1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 13, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Safe 95 Spruce, 100' N Sycamore Lot Size: 25' x 100' Assessed Valuation: $1,300 119 Spruce, 330.25' N Sycamore Lot Size: 25' x 106' Assessed Valuation: $1,600 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Thomas H. Burton, - President of Tatanka Development Company, Inc., 403 Main Street, Suite 716, Buffalo, New York 14203 to purchase 95 and 119 Spruce. Tatanka Development Company, Inc. own properties in the surrounding area and intends to maintain and landscape 95 and 119 Spruce and use for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Seven Cents ($.47) to Seventy Three Cents ($73) per square foot. Mr. Burton of Tatanka Development, Inc. has agreed and is prepared to pay Two Thousand Nine Hundred Dollars ($2,900), Fifty Cents ($.50) per square foot for the subject properties. 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 95 and 119 Spruce Street to Tatanka Development Company, Inc. or entity to be designated by Mr. Thomas Burton in the amount of Two Thousand Nine Hundred Dollars ($2,900). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTIE R. Nr2 JO N, DIRECTOR TITLE: DIRECTOR R AL ESTATE OFFICE O ST EQIC P4ANNING SIGNATURE OF DEPARTMENT HEAD: CRN:ck - Repo rtsaleinhouse95 &119sprucelsalespri REFERRED TO THE COMIMITTt8 ON COMMUNITY DEVELOPMENT. Z City Clerk's Department . BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the Provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 6 PASSED December26,2012 Strat Plan Report of Sale 212 Vermont (Nia) Gerald A Chwalinski City Clerk f q P v U ,�, JAN q-.7 fay Q00(0 ,R #1 (Rev. 1/93) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 18, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 212 Vermont, W Corner Plymouth Lot Size: 50' x 67' Assessed Valuation: $4,700 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ashin Vilar That Ga and Mr. Pyinnyasa Ra, 356 Plymouth Avenue, Buffalo, New York 14213 to purchase 212 Vermont Street. Mr. Ga and Mr. Ra own and reside at 356 Plymouth which is adjacent to 212 Vermont . They intend to use the vacant lot 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. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Three Cents ($73) per square foot to One Dollar and Fifty Cents ($1.50) per square foot. Mr. Ga and Mr. Ra have agreed and are prepared to pay Three Thousand Five Hundred Dollars ($3,500), One Dollar and Five Cents ($1.05) per square foot for the subject property. 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 212 Vermont Street to Mr. Ashin Vilar That Ga and Mr. Pyinnyasa Ra in the amount of Three Thousand Five Hundred Dollars ($3,500). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTI Q,.N LSON TIT LE: DIREC R EAJL ESTATE OFFI O; TiY6IC ./LANNlWG SIGNATURE OF DEPARTMENT HEAD: CRN:ck RepsalehhWse 212verminYsales P Report of Sale — 212 Vermont (Nia)(Strat Plan) Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated December 18, 2012, be received and filed; That the offer from Mr. Ashin Vilar That Ga and Mr. Pyinnyasa Ra, 356 Plymouth Avenue, Buffalo, New York 14213, in the amount of Three Thousand Five Hundred Dollars ($3,500.00) for the purchase of 212 Vermont, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. A a L �I C:IUsers\lrucinski\Appbata\ Local \Microsoft\WindowslTemporary Intemet Fil es\ Content.Outlook\OX32QVW6\Report of Sale -212 Vermont.doex *AYE *NO* * FONTANA Ar * FRANCZYK * . * GOLOMBEK LOCURTO * PRWGEN * RIVERA RUSSELL SCANLON * * * * N[oj -5 213 -G 314- '7 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 7 PASSED December 26, 2012 Strat Plan- Rescind Sale & Forfeit Deposit- 817 Glenwood (Mas) Gerald A Chwalinski City Cleric a v � JAN, 6 2015 0000 ' #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 13, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Rescind Sale & Forfeit Deposit 817 Glenwood Avenue Mrs. Cassandra Lee Burns- Watson (Masten District) PRIOR COUNCIL REFERENCE: Item #5, C.C.P. April 5, 2011 In the above referenced item Your Honorable Body approved the sale of 817 Glenwood Avenue to Mrs. Cassandra Lee Burns - Watson, 815 Glenwood Avenue, Buffalo, New York 14211. Several notices have been mailed to Mrs. Burns - Watson to finalize the sale and close on the transfer of title. Final notice was sent on October 9, 2012 advising that failure to respond would result in rescinding the sale, forfeit the deposit of Two Hundred Dollars ($200) and return the property to our inventory for future sale. Mrs. Burns - Watson has not responded to any of our notices. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 817 Glenwood Avenue to Mrs. Cassandra Lee Burns - Watson, the deposit be forfeited and the property be returned to our inventory for future sale. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD CRN:ck Rescindforfeitdep 817glenwoodlsaiespri CHRISTIE R. NELSON DIRECTO REAL ESTATE OFFICE S RATEGIC PLANNING a, 1 lA Rescind Sale and Forfeit Deposit — 817 Glenwood Avenue (Masten)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Department of Strategic Planning, dated December 13, 2012, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 817 Glenwood and the deposit of Two Hundred Dollars ($200.00) down payment is forfeited by Mrs. Cassandra Lee Burns- Watson, 815 Glenwood Avenue, Buffalo, New York, and that the property be returned to inventory for sale. Passed. C:11JsemUmcinsldkAppOamlo LlMicr ftkWindetys%Tempomry Intemet Files%Cement.Oatlo kl OX32QVW6kws ind sale -817 OT— ood -doc *AYE *N0* * FONTANA * FRANCZYJC * . * GOLOMBEK LOCURTO * .. . * PRIDGEN * RIVERA RUSSELL SCANLON SNUH * * * 2/3- 6 3/4- 7' City Clerk's Department BUFFALO December 28, 201.2 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 8 PASSED December 2G, 2012 Strat Plan- Rescind Sale & Forfeit Deposit- 338 Moselle St (Fill) Gerald A Chwalinski City Clerk 0000 IN 4 #1 (Rev. 1193) One Page Communication to the Common .Council TO: THE COMMON COUNCIL DATE: December 13, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Rescind Sale & Forfeit Deposit 338 Moselle Street Mr. Augustus Donaldson (Fillmore District) PRIOR COUNCIL REFERENCE: Item #5, C.C.P. November 18, 2011 In the above referenced item Your Honorable Body approved the sale of 338 Moselle Street to Mr. Augustus Donaldson, 340 Moselle Street, Buffalo, New York 14211. Several notices have been mailed to Mr. Augustus to finalize the sale and close on the transfer of title. Final notice was sent on October 9, 2012 advising that failure to . respond would result in rescinding the sale, forfeit the deposit of One Hundred Ninety Dollars ($190) and return the property to our inventory for future sale. Mr. Donaldson has not responded to any of our notices. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 338 Moselle Street to Mr. Augustus Donaldson, the deposit be forfeited and the property be returned to our inventory for future sale. DEPARTMENT HEAD NAME: CHRISTI TITLE. DIRECT( OFFIVE SIGNATURE OF DEPARTMENT HEAD: CRN:ck RescindforfeRdep338mosel lelsa lesp ri LSON ,EAL ESTATE ATEGIC_PLANNING 1, Rescind Sale and Forfeit Deposit — 338 Moselle Street (Fill) (Strat Plan) Mr. Smith moved That the above item be, and the above communication from the Department of Strategic Planning, dated December 13, 2012, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 338 Moselle Street and the deposit of One Hundred Ninety Dollars ($190.00) down payment is forfeited by Mr. Augustus Donaldson, 340 Moselle Street, Buffalo, New York, and that the property be returned to inventory for sale. Passed. C. mcinsl iappDaTalL..callMh indmwITempo.,y Internet FiksWo .1ent- Ouk*I0X32QVW&m6nd sale -336 Momlle.da * AYE * NO FONTANA kR NCZYIC GOLOMBEK *' LOCURTO PRMGEN RIVERA -'- RUSSELL g SCANLON 2/3- 6 'V 3/4- 7 ,� City Clerk's Department BUFFALO December 28, 2012 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 9 PASSED December 2b, 2012 Strat Plan- Perm to Designate Developer- Legacy Building Co- For Residential Community "The Property" (Univ) Gerald A Chwalinski City Clerk JAN 0 7 2013' C �) C�� 0000" 9A) # 2 (Rev: 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 21, 2012 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Designate Developer Legacy Building Company LLC d /b /a Legacy Development 1 Parcel — 71 NYL & W RR - SBL 79.70 -2 -16.11 For a Residential Communi (the "Property ") University District The City of Buffalo Office of Strategic Planning, Division of Real Estate ( "Office of Real Estate ") has received an application from Legacy Building Company LLC d /b /a/ Legacy Development ( "Developer "), with a mailing address of 250 Ramsdell Avenue, Buffalo, New York, 14216 to purchase the above captioned Property which is approximately 4.71 acres in connection with Developer's proposed construction and operation of a collegiate residential community. The Developer is proposing to construct a collegiate residential community comprised of several different apartment and townhouse buildings and common facilities located on approximately 9.69 acres of primarily vacant former industrial land at a cost of approximately $40,000,000 ( "Project "). Besides the Property, the Developer already owns the remaining parcels of land necessary for the Project. The Project will be financed privately, through a bank loan for short-term construction financing and then Developer will obtain long -term financing through the private market, through an insurance company or other lender. Developer is exploring the possibility of obtaining some incentives from the ECIDA as well as tax credits through the New York State Brownfield's Program, depending on the results of soil sampling on the Property. The purchase price of the Property shall be negotiated based upon a real estate appraisal to be obtained and paid for by the Developer ( "Purchase Price "), which said appraised value is subject to review and approval by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body. The Office of Real Estate respectfully requests that Your Honorable Body designate the Developer, and /or a corporation, partnership, or other legal entity to be formed by or through Developer's or Developer's efforts, as the Developer of the Property for a period of twelve (12) months subject to but not limited to the following terms and conditions: a. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total Project costs, for q� �-' 2 d December 21, 2012 RE: Designate Developer — 71 NYL & W RR Page 2 review and approval by the City of Buffalo. Said plans shall also be in accordance with the Zoning Ordinance of the City of Buffalo. b. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement ( "LDA "). c. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5th) of each month, beginning in the month following this designation. d. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. e. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ( "Designation Fee ") by Developer to the Office of Real Estate, payable within five. (5) days from the date of Common Council approval of the designation and due thereafter by the first (1st) day of every month. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory DLA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the Property. g. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement(s), by each and every Contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and/or the presence or absence of hazardous substances as such term is used in the December 21, 2012 RE: Designate Developer — 71 NYL & W RR Page 3 Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the Property. h. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation. The Developer, or an entity to be designated by the Developer, must sign a Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's (City's Department of Public Works, Parks & Streets) sole discretion. Regarding the recreational components for the "public" now existing at the Property and/or to be relocated, improved and /or expanded upon and or enhanced at the Project, the LDA shall require that the Developer, or an entity to be designated, replace and reconstruct (the same size) tennis courts currently on the Property and to make such tennis courts available to the public for use. As part of the Project, the Developer will also provide for one for one replacement parking for the public to replace the small parking lot currently on the Property. All such measures must be acceptable to the City (City's Department of Public Works, Parks & Streets) in the City's sole discretion. k. The LDA will require that the Developer, or an entity to be designated, to provide the City of Buffalo with easements rights and access arrangements satisfactory to the City (City's Division of Real Esate Department of Public Works, Parks & Streets and the Corporation Counsel) in their sole discretion. P December 21, 2012 RE: Designate Developer — 71 NYL & W RR Page 4 The LDA shall also require the Developer to provide certain mitigation measures for the benefit of the residents on William Price Parkway included but not necessary limited to those set forth in the letter from the Developer to the William Price Parkway Block Club ( "WPP ") dated August 31, 2012 and clarified in correspondence subsequent thereto, and accepted conditionally by the WPP in a letter dated September 5, 2012 to the Mayor of the City of Buffalo. m. The LDA will need to address to the City of Buffalo Corporation Counsel's Office satisfaction any factors regarding the "Cordova Road" access and other access to McCarthy Park as well as the use agreement the City of Buffalo currently has or has had with the Medaille College and how those factors are or may be impacted by the proposed Project development. n. Upon signing of the LDA there shall be a payment by the Developer to the City's Divison of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of the to be agreed upon Purchase Price. The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter. o. Individuals and/or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them. p. The designation will expire twelve (12) months from the date the Common Council approves the designation. q. The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. The designation and the LDA shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. � December 21, 2012 RE: Designate Developer - 71 NYL & W RR Page 5 I am requesting that your Honorable Body approve the designation of Legacy Building Company LLC d /b /a Legacy Development with a mailing address of 250 Ramsdell Avenue, Buffalo, New York, 14216, and /or a corporation, partnership, or other legal entity to be formed by Developer, as Developer of the above - referenced Property on the above terms and conditions; I am further requesting that Your Honorable Body authorize the Corporation Counsel's Office to prepare the necessary LDA for the conveyance of the Property to the Developer for the development of the Project on the Property; and that the LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. Christie R. Nelson Director of Real Estate Office of Strategic Planning CRN:plg Designate Legacy Building Company LLC d/b /a Legacy Development as Developer for a Residential Community in the University District (Univ)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 21, 2012, be received and filed; That the Common Council hereby designates the Legacy Building Company LLC d/b /a Legacy Development ( "Developer ") and/or a corporation, partnership, or other legal entity to be formed by or through Developer or Developer's efforts, as the developer of one (1) parcel — 71 NYL & W RR — SBL 79.70 -2 -16.11 for a residential community in the University District for a period of twelve (12) months subject to the following conditions: 1. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total Project costs, for review and approval by the City of Buffalo. Said plans shall also be in accordance with the Zoning Ordinance of the City of Buffalo. 2. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement ( "LDA "). 3. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5 of each month, beginning in the month following this designation. 4. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. 5. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ( "Designation Fee ") by Developer to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (I") day of every month. 6. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have not further rights with respect to the Property. 7. Developer is responsible for performing soil boring and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement(s), by each and every Contractor hired by Developer that will access the Property, the suitability of the Property for Developer's intended use, and/or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation.Act, as amended, 49 USC ss 1801 et- seq.; the Resource Conservation and Recovery Act, as amended 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state or local law, regulation, rule, ordinance, by -law, policy, guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whenever previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless form any and all liability must be approved as to form the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the Property. 8. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation. 9. The Developer, or an entity to be designated by the Developer, must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said documentation to be in form and substance acceptable to the City in the City's (City's Department of Public Works, Parks and Streets) sole discretion. 10. Regarding the recreational components for the "public" now existing at the Property and/or to be relocated, improved and/or expanded upon and /or enhanced at the Project, the LDA shall require that the Developer, or an entity to be designated, replace and reconstruct (the same size) tennis courts currently on the Property and to make such tennis courts available to the public for use. As part of the Project, the Developer will also provide for one replacement parking lot for the public to replace the small parking lot currently on the Property. All such measures must be acceptable to the City (City's Department of Public Works, Parks and Streets) in the City's sole discretion. 11. The LDA will require that the Developer, or an entity to be designated, to provide the City of Buffalo with easement rights and access arrangements satisfactory to the City (City's Division of Real Estate, Department of Public Works, Parks & Streets and the Corporation Counsel) in their sole discretion. 12. The LDA shall also require the Developer to provide certain mitigation measures for the benefit of the residents on William Price Parkway included by not necessarily limited to those set forth in the letter form the Developer to the William Price Parkway Block Club ( "WPP ") dated August 31, 2012, and clarified in, correspondence subsequent thereto, and accepted conditionally by the WPP in a letter dated September 5, 2012, to the Mayor of the City of Buffalo. 13. The LDA will need to address to the City of Buffalo's Corporation Counsel's Office satisfaction any factors regarding the "Cordova Road" access and other access to McCarthy Park as well as the use agreement the City of Buffalo currently has or has had with Medaille College and how those factors are or may be impacted by the proposed Project development. 14. Upon signing of the LDA, there shall be a payment by the Developer to the City's Division of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of the to be agreed upon Purchase Price. The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter. 15. Individuals and/or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them. 16. The designation will expire twelve (12) months from the date the Common Council approves the designation. 17. The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. 18. The designation and LDA shall be subject to any and all other terms and conditions that the City of Buffalo's Corporation Counsel's Office deems necessary. Approved. wp60 /JRP /Councill12 -M -12 Meeting/Designate Legacy Building Co * AYE * NO * * FONTANA * FRANCS * GOLONMEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL SCANLON * Smrm * * * Maj -5 213- 6 * *� 3/4- 7 FROM THE COMPTROLLER December 26, 2012 000() TO: THE COMMON COUNCIL FROM: THE DEPARTMENT OF AUDIT & CONTROL DATE: December 20, 2012 SUBJECT: Audit Report on Prescription Drug Expenses Attached is the Audit Report on the City's Prescription Drug Expenses, in addition to the responses from the Department of Human Resources. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: REFERRED TO THE COMMITTEE ON FINANCE. V I A� CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL REPORT ON PRESCRIPTION DRUG EXPENSES MARK J.F. SCHROEDER COMPTROLLER ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER KEVIN J. KAUFMAN, CPA CITY AUDITOR NOVEMBER 2012 P Background The City of Buffalo (the City) offers medical and prescription drug coverage to employees and retirees through Blue Cross Blue Shield of Western New York (13CBSWNY). Historically, the City has purchased fully insured medical and prescription drug coverage. The cost is based on rates for individual and family coverage which BCBSWNY files with the New York State Department of Insurance. At the outset of fiscal year 2012 the City was facing a cost increase of approximately 16 %. With the increase it was estimated that the City's medical insurance expense would be $75 million in fiscal year 2012. In an effort to reduce the cost of the medical/prescription benefits, the City investigated the option of self-funding its prescription drug coverage. The prescription drug portion of medical expense was 32% of health insurance costs during fiscal year 2011 and was anticipated to grow at a higher rate than other medical expenses. Based on recommendations from our insurance broker it was estimated that the City would save $2 million annually by changing prescription coverage to a self-insured plan. Therefore the City went to a self - insured model for the prescription component of the plan effective September 2011. The City elected to continue the medical portion as fully insured. As of June 30, 2012 the total number of covered individuals was 12,098. 2,483 employees, 2,599 retirees and 7,016 other covered individuals. The prescription drug expense in fiscal year 2012 was $1,795 per covered individual. It is estimated there will be 267,000 prescription claims annually. The average individual had 22 claims annually averaging $81 per claim. Page 1 City of Buffalo Prescription Plan Participants 7,026 d 8,000 5005 6,000 18 4,000 67 d 2,000 J2 E 0 0 z Active InActive Other (COBRA & Survivors ■ Family 4,543 2,406 13 ®Subscriber 2 2,599 54 The prescription drug expense in fiscal year 2012 was $1,795 per covered individual. It is estimated there will be 267,000 prescription claims annually. The average individual had 22 claims annually averaging $81 per claim. Page 1 Audit Objectives The audit objective is to provide a high level examination of the City's pharmacy expenses for fiscal year 2012. The report will examine the effect of changing to a self funded prescription benefit plan during fiscal year 2012 and will focus on 3 areas related to the self-funded prescription plan: 1. Cost Savings due to move to Self - insured Prescription Drug Plan 2. Contract Terms 3. Accuracy of Billing Data Cost Savin>s due to move to Sclf- insured Prescription Drug Plan Under the fully insured model the City would have experienced prescription insurance premiums of $25.2 million for fiscal year 2012. The actual expense incurred for fiscal year 2012 was $21.6 million. The move to a self-insured prescription plan produced savings of $3.6 million during fiscal year 2012. Contract Terms The self-insured prescription contract has several components: 1. BCBSWNY guarantees pricing on drugs. The guarantees are expressed as a percentage discount from the Adjusted Wholesale Price (AWP). The guaranteed discount varies depending on point of purchase i.e. retail versus mail order. The guaranteed discount also varies depending on whether the drug is a generic drug or branded single source drug. The following table shows the guarantees. Point of Brand Drugs Generic Drugs Sale Discount % Price Guarantee < % Discount % Price Guarantee < Guarantee of Adjusted Guarantee % of Adjusted Wholesale Price Wholesale Price Retail 14.5% 85.5% 71.5% 28.5% Mail 21.2% 78.8% 71.5% 28.5% 2. Prescription Contract Rebates The rebates are similar to the guarantees as they vary by point of sale and formulary drug i.e. incentive formulary (Branded) and open formulary (Generic). The following table shows the rebate rates. Page 2 The contract states "Pharmacy rebates will be credited on a quarterly basis via the claims billing up to 150 days after the close of the earned quarter ". As of November 30, 2012 three rebates have been received totaling $591,165. Rebates can take approximately 8 — 9 months from the prescription fill date to be realized. It is estimated that annual rebates will total $1.3 million. We expect to see an increase in the quarterly rebate amount going forward as the lag time for receiving rebates has expired. We will monitor this to verify rebates are accurately calculated by BCBSWNY. 3. Prescription Contract Fees There is a $2.00 per claim administrative fee. There is a $1.50 dispensing fee charged for each retail point of sale claim. Accuracy of Billing Data Bi- weekly BCBSWNY invoices the City for prescription costs. BCBSWNY provides claim detail which City accounting personnel use to compare to the invoice and calculate any variance. The error rate calculated was less than 0.01 %. It appears the detail prescription claim data supports the invoices received and paid by the City. The verification process would be better if all data reviewed was not produced by BCBSWNY. Conclusion It appears adopting a self-funded prescription program was a cost effective decision for the City. While the total cost of health care has gone up, this move has mitigated the potential cost increase. We recommend continuing the contract with BCBSWNY with continued monitoring to include a review of the rebate process and verification of invoices. Recommendations 1. Regular Monitoring: The top 25 drugs equated to 38% of the prescription cost through March 2012. A large portion of those 25 drugs are statins, which generally a more aged population utilizes. As the active and retired employee population ages, expenses are projected to increase. Page 3 Brand Drugs Mer Incentive Formulary Generic Drugs Open Formulary Retail $3.80 per claim $3.85 per claim Mail $15.65 per claim $11.80 per claim The contract states "Pharmacy rebates will be credited on a quarterly basis via the claims billing up to 150 days after the close of the earned quarter ". As of November 30, 2012 three rebates have been received totaling $591,165. Rebates can take approximately 8 — 9 months from the prescription fill date to be realized. It is estimated that annual rebates will total $1.3 million. We expect to see an increase in the quarterly rebate amount going forward as the lag time for receiving rebates has expired. We will monitor this to verify rebates are accurately calculated by BCBSWNY. 3. Prescription Contract Fees There is a $2.00 per claim administrative fee. There is a $1.50 dispensing fee charged for each retail point of sale claim. Accuracy of Billing Data Bi- weekly BCBSWNY invoices the City for prescription costs. BCBSWNY provides claim detail which City accounting personnel use to compare to the invoice and calculate any variance. The error rate calculated was less than 0.01 %. It appears the detail prescription claim data supports the invoices received and paid by the City. The verification process would be better if all data reviewed was not produced by BCBSWNY. Conclusion It appears adopting a self-funded prescription program was a cost effective decision for the City. While the total cost of health care has gone up, this move has mitigated the potential cost increase. We recommend continuing the contract with BCBSWNY with continued monitoring to include a review of the rebate process and verification of invoices. Recommendations 1. Regular Monitoring: The top 25 drugs equated to 38% of the prescription cost through March 2012. A large portion of those 25 drugs are statins, which generally a more aged population utilizes. As the active and retired employee population ages, expenses are projected to increase. Page 3 Conversely, some widely used drugs have expiring patents in the coming year. We recommend that the City investigate how expenses will be impacted given those expirations based on demographics and past utilizations. We should be receiving reports from our broker /carrier on high cost claimants (with HIPAA protections) by group and by month with relative diagnosis along with recommendations on how to move forward from a cost control perspective. 2. Doctor Shopping: There has been a lot made in the media about doctor shopping for unneeded medications, where an individual will go to several different doctors until a doctor is found that will prescribe the drugs the individual is seeking. With the City now responsible for payment of all prescription drug claims it is at risk of this happening and going undetected. We recommend that the City explore and institute a plan that would identify and deter doctor shopping for unneeded medication. 3. Medicare Prescription Drug Improvement and Modernization Act of 2003: The City has experienced a savings with the change to a self- insured prescription model. At the same time the City has taken full risk for an expense that could climb dramatically based on user demographics, rising specialty medication costs, and catastrophic user events. We recommend that the City explore options for mitigating this risk. One idea may be to look at the Medicare Prescription Drug Improvement and Modernization Act of 2003 (MMA) which created two federal subsidy programs to offset plan sponsors' prescription drug costs for Medicare - eligible retirees. The first, known as the Retiree Drug Subsidy (RDS), provides 28% reimbursement for employers whose costs fall between $320 and $6,500 per retiree in 2012. The City currently participates in this program and received approximately $1.5 million of subsidy in fiscal year 2012. The second subsidy program is the Employer Group Waiver Plan (EGWP), which is gaining popularity, as is evidenced by an increase in enrollment from 12% of employers in 2007 to 30% in 2009 1 . An EGWP helps to protect against the rising cost of specialty medications and provides for "catastrophic" coverage of costs in excess of set amounts. Savings from adoption of an Employer Group Waiver Plan may exceed the $1.5 million subsidy we are currently receiving under the RDS plan. Additionally, the utilization of an Employer Group Waiver Plan, in contrast to the Retiree Drug Subsidy RDS, can be reflected in the GASB 45 liability of Other Post - Employment Benefits, OPEB. Some analysts indicate that this liability can be reduced by up to 14 %. We recommend that the City investigate the potential costs and rewards of an Employee Group Waiver Plan (EGWP). 4. Timely Update of City of Buffalo Computer System for Personnel Changes: The City utilizes the MUNIS system to account for its payroll and benefit expenses. This system is found to not always be up to date with personnel changes such as additions or Page 4 3?D deletions of health insurance coverage. The information that is being reviewed for reasonableness when assessing the monthly prescription health insurance bill is comparing two data sources received from the vendor. We recommend that a more independent analysis would be based on comparison of the City's internal records to the data source received from the vendor. In order for that to happen, the MUNIS system needs to be up to date with all personnel changes. Source: Identifying Cost Savings in Pharmacy Benefits — Whitepaper, KTP Advisors, Issued April 12, 2012 Page 5 of BYRON W. BROWN MAYOR CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES Compensation & Beneftas Division � � t PATRICIA FOLTS COMMISSIONER ANTOINErl1 I3 PALMER D IRECTOR November 9, 2012 James Barrett Acting City Auditor Department of Audit & Control 1225 City Hall Buffalo, NY 14202 Dear Jim: Please accept my response to your final draft Audit report dated October 18, 2012 regarding Self - Funded Pharmacy Expenses. 1. RaIar Monitoring The Benefits Director, HR Commissioner and our Broker meet with B1ueCross BlueShield quarterly. Full plan performance is reviewed annually, with significant time also spent on pharmacy. We completed an RFP for a new Broker The Broker chosen is known for their analytics in reporting, and working with self - insured plans, Their contract is in the Law Department for approval as to form. Pending contract and common council approval, we hope to have them in place in early 2013. 2. Doctor Sho in : The Benefits Department will work with the new TPA once on board for assistance in better coordination to reduce potential pharmacy fraud. 3. Medicare Prescription Drug Improvement and Modernization Act of 2003 Employee Group Waiver Plan (EGWP) plan is administered when an employer offers a Sr. Advantage Medicare Plan. COB has reviewed a few Senior. Advantage Medicare Plans, but find the primary difference to be the prescription benefit. The Collective Bargaining Contracts agreements stress the benefit must be identical to what is currently in place. The Benefits Department has been working with Labor Relations to 1 1)k 65 NLAGARA SQUARE / 1014 CITY HALL /WrFALO, NY 14202 /(716) 851 -9637 /FAX: (716) 851-9826 /Email: www .humunresourccs@city- hufFalo.com offer a senior choice plan. A RFP is in the Law Department for approval as to form, regarding all health insurance, including retiree options. 4. Timely Update of City of Buffalo Com uter System for Personnel Changes: The HR Division understands your concerns regarding transitioning all benefit information to the COB MUMS databases to mitigate any inconsistencies in addition to being able to drill down and review for reasonableness when assessing the prescription health insurance bill. The Departments of Benefit, MIS and Audit have been working on this issue for almost 2 years. To date, we are advised that MUNIS may not be able to handle this task, as historical data is IDst with.changes. We remain open to technical assistance regarding this issue. Sincerely, { j Antoinette' Palmer Director of Compensation & Benefits Cc: Mark J.F. Schroeder, Comptroller Anne Forti- Sciarrino, Deputy Comptroller Patricia A. Folts, Hunan Resources Commissioner 2 BYRON W. BROWN CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES MAYOR DATE: 11/9/12 TO: James Barrett, Acting City Auditor FROM: Patricia Folts, Commissioner of Human Resourci .__ c4 PATRICIA P. FOLTS COMMISSIONER SUBJ: Annual review of pharmacy plan costs Mr. Barrett: We are in receipt of the Audit of Self - Insured Pharmacy. In addition to Director Palmer's responses to you, I offer the following thoughts on the City of Buffalo's Pharmacy costs: Over time, more people are being.medically managed through pharmacy services, rather than hands -on or more invasive means. This will require the City to become just as focused on pharmacy, as we are medical claims. Additionally, since we are self- insured for Pharmacy we have more open.access to our data, than we ever did while experience- rated. Factors Influencine Pharmacy Costs: 1. CITY OF BUFFALO's Demographics compared to Benchmark Market (large employer groups) ■ COB Average Age: 44.5 years • EE avg age: • Spouse: • Child: 15.2 ■ Benchmark: 36.7 years Age plays an important factor in the number of medications a person is prescribed. 2. 2 high cost claimants over 100k were due to pharmacy costs, and are expected to continue: i. MS medication $206,900 ii. Oral Chemo $114,563 3. Our future risk drivers that impact our medical rates, impacted by unhealthy lifestyle choices: a. Cholesterol, cardiac, obesity 9.26% of risk contribution or $4,000,000 b. Coronary Artery Conditions 5.51 % of risk contribution or $2,200,000 c. Diabetic disorders 4.84% of risk contribution or $2,000,000 d. Musculoskeletal: joint, back, rehab 7.51 % of risk contribution or $3,000,000 e. Psychological 5.27% of risk contribution or $2,100,000 Each one of these has high correlating pharmacy costs 4. Our generic dispensing rate is. too low onl 69 %.) however, it increased from 4.1% from FYI I to FYI 2, which saved us $1.3 million in projected costs! 1 (p 65 NIAGARA SQUARE / 1001 CrIY HALL / BUFFALO, NY 14202 -3310 / (710 851 -5900 / FAX- (716) 851 -5401 1 � 1 a. Every 1 increase in the GDR =1 -2% in reduced cost. This is Low hanging fruit — Labor Relations must require employees via future union contracts to fill generically or pay a higher co -pay. b. For example in FY 12, if name- brand _Lipitor had been filled generically instead, we would have saved $100,000. 5. Employees' drug co-pays are too low. COB cost share for pharmacy is 6.4 %. Benchmark is 20% 6. Our pharmacy benefit is unmanaged, meaning, we do not require generic scripts, pre - authorization, 90 day supplies to save on dispensing fees, etc. a. Our PMPM cost for pharmacy is $195.501 Benchmark is $144.08 i. Plan cost per script is $95.87 / Benchmark cost per script is $79.99 7. Our plan formulary needs more drug tiers. For example, for our top 30 medications, #12 is Viagra and # 23 is Cialis. These are lifestyle drugs, and should not be part of the regular formulary. 8. Another cost savings option is to have a Preferred Pharmacy Network as the primary network, and if they go to another drug store chain, they pay a higher co pay. In conclusion, The City of Buffalo Labor Relations function must use the negotiation process to help drive necessary change that focuses on consumerism: a. Ideally, the highest utilizers of medical services, should pay the most towards their medical costs wherever possible (High Deductible Health Plan, not yet negotiated). b. Educate the unions at the negotiation table of the importance of changing behaviors that unnecessarily drive up cost: i. Dispense generically, AND ii. Lifestyle drugs should be excluded or in a higher tier, as they are not medically necessary. c. Increase the # of drug tiers, and the co -pays. d. Healthcare reform allows employers to give discounts to employees who participate in lifestyle change programs that lower their risk factors. If Labor can negotiate employee premium contributions, those who lower their risk factors or participate in wellness initiatives would pay less. e. Look for a PPN as our preferred network with the lowest co -pays. 3 aa FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION December 26, 2012 000 .. MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: 12 -20 -2012 FROM: DEPARTMENT: Assessment and Taxation SUBJECT: Consent, pursuant to Section 122 of the New York Public Housing Finance Law, to sale of certain real property owned by Buffalo Village Associates, a redevelopment company organized pursuant to Article V of the New York Public Housing Finance Law, to Whitney Housing Development Fund Corporation. 1 9 'I t1 Wrej me ME" TEXT: (TYPE SINGLE SPACE BELOW) The Department of Assessment and Taxation requests that the Common Council adopt the attached resolution, pursuant to Section 122 of the New York State Private Housing Finance Law, consenting to the sale of nine parcels, including land and buildings, now owned by Buffalo Village Associates. The parcels are commonly known as: 111 Prospect Avenue; 222 Carolina Street; 59 Whitney Place; 209 Carolina Street; 186 Carolina Street; 76 Johnson Park; 66 Whitney Place; 35 Whitney Place; and 269 Georgia Street. Buffalo Village Associates is a limited partnership that was organized pursuant to Article V of the New York Private Housing Finance Law for the purpose of building Federal subsidized housing for low and moderate income families. It is controlled by AIMCO, a for -profit real estate investment trust headquartered in Denver, Colorado. Buffalo Village Associates purchased these properties prior to April 5, 1974 for the purpose of building Federal subsidized housing pursuant to the National Housing Act of 1968. On February 24, 1975 the City of Buffalo entered a forty year tax abatement agreement with Buffalo Village Associates under authority granted by the New York State Public Housing Finance Law. The tax abatement agreement is effective for the period April 5, 1974 through April 5, 2014. The properties have continuously operated as federally subsidized housing for low and moderate income families pursuant to a Section 8 Housing Assistance Payments Contract. Buffalo Village Associates has agreed to sell these properties to the Whitney Preservation Housing Development Fund Corporation. The Corporation is a nonprofit corporation organized under New York Private Housing Finance Law Article XI. The corporation's officers and directors are officers and directors of National Foundation for Affordable Housing Solutions, Inc., a not - for - profit 501(c)(3) headquartered in Rockville, Maryland. New York Private Housing Finance Law § 122 subd. I requires that "Until the termination of the tax exemption, whether by expiration or by any other cause, a redevelopment company, heretofore or hereafter organized, shall not have power to sell the real property k constituting the project or any portion or portions thereof without the consent of the local legislative body" Because the tax exemption remains in force, the consent of the City of Buffalo is required before Buffalo Village Associates may sell these properties. The purchaser, by letter of its President to the Council President and the Council Member for Fillmore District, acknowledges that the current tax agreement with the City will terminate upon the sale of these properties to purchaser. Purchaser may, at a future date, seek a tax exemption agreement with the City of Buffalo, that agreement to be negotiated with the City pursuant to the Private Housing Finance Law. Until such time the properties shall become fully taxable upon sale to the purchaser. Also attached with this communication is a copy of the letter dated December 17, 2012 by Eliot P. Reid, President of Whitney Preservation Housing Development Fund Corporation, together with its attachments, and the proposed resolution that I recommend your Honorable Body adopt. TYPE DEPARTMENT HEAD NAME: MARTIN F. KENNEDY TYPE TITLE: Commissioner, Department of Assessment and Taxation SIGNATURE OF DEPARTMENT HEAD: �, f< RECEIVED AND FILE D Whitney Preservation Housing Development Fund Corporation c/o National Foundation for Affordable Housing Solutions, Inc. 11200 Rockville Pike, Suite 250, Rockville, MD 20852 December 17, 2012 DELIVERED VIA NAND DELIVERY Richard A. Fontana — Council President 1315 City Hall Buffalo, NY 14202 David A. Franczyk — Fillmore District Council Member 1100 City Hall Buffalo, NY 14202 Re: Common Council Consent for Sale of Propert y Dear Messrs. Fontana and Franczyk: DEC 17 2012 Whitney Preservation Housing Development Fund Corporation (the "Buyer") is in the process of closing on the acquisition of nine scattered site residential rental properties more particularly described on Exhibit A attached hereto and located on lower west side of Buffalo in the Fillmore District (collectively, the "Property "). The seller of the Property is Buffalo Village Associates Limited Partnership (the "Seller"), which is a Redevelopment Company formed under Article V of the New York Private Housing Finance Law ( "PHFL "). The Buyer is controlled by officers of National Foundation for Affordable Housing Solutions, Inc., a tax exempt corporation ( "Sponsor ") with a charitable purpose of provision of decent affordable housing for persons of low - income. The Sponsor primarily achieves its charitable purposes by facilitating the acquisition and rehabilitation of Section 8 housing and preserving it as safe, sanitary and decent affordable housing for persons of low- income for the foreseeable future. As such, the goal of Buyer is to purchase the Property and over the next two or three years, assemble a financing package to facilitate the substantial rehabilitation of the Property. More information on the Buyer, Sponsor and its plans for the Property can be found on attached Exhibit B. Section 122 of the PHFL requires that a Redevelopment Company obtain consent of the local legislative body when conveying property of a Redevelopment Company that enjoys a real property tax exemption. See attached Exhibit C for a copy of Section 122 of the PHFL. The Property is subject to a Tax Exemption Agreement (the "Tax Agreement"). Buyer is seeking consent of the City of Buffalo Common Council for the sale of the Property. Buyer acknowledges that the Tax Agreement will terminate in connection with the sale of the Property. Pursuant to the Contract of Sale for the Property between Buyer and Seller, the Buyer is charged with obtaining all local approvals necessary for the conveyance of the Property which is why this communication is from the Buyer, Given that the proposed acquisition must close by the end of the year 2012, we are requesting that this matter be placed on the agenda for the Buffalo Common Council December 26, 2012 meeting. If there is anything that.is needed, please contact me or our local attorney, Tim Favar6, Esq. (716 -856 -1700 ext. 314) and we will be sure to give it prompt attention. Thank you for all your help and our apologies for the short time frame we have given. Sincerely, Eliot P. Reid President, Whitney Preservation Housing Development Fund Corporation (301) 998 -0402 . ereid @nfahs.com cc. Alan Gerstman, Law Department Cavette Chambers, Law Department Martin Kennedy, Tax Department 2 0 EXHI BIT A Property Description Title No. NCS- 524281 -CO PREMISES PAGE FOR INFORMATION ONLY PARCEL A PARCEL B PARCEL C 111 Prospect Avenue 209 Carolina Street 66 Whitney Place Buffalo, New York Buffalo, New York Buffalo, New York Section: 110.36 Block: 5 Lot: 6 Section: 110.36 Block: 5 Lot: 7 Section: 110.36 Block: 5 Lot: 8 PARCEL D PARCEL E PARCEL F 222 Carolina Street 186 Carolina Street 35 Whitney Place Buffalo, New York Buffalo, New York Buffalo, New York Section: 110.36 Block: 6 Lot: 20 Section: 110.44 Block: 1 Lot: 28 Section: 111.29 Block: 9 Lot: 4 PARCEL G PARCEL H PARCEL I 59 Whitney Place 76 Johnson Park 269 Georgia Street Buffalo, New York Buffalo, New York Buffalo, New York Section: 111.29 Block: 9 Lot: 9 Section: 111.37 Block: 2 Lot: 4 Section: 111.37 Block: 6 Lot: 3 EXHIBIT B Description of Buyer and Sponsor and Plans for the Property National Foundation for Affordable Housing Solutions, Inc. 11200 Rockville Pike A�p The Foundation Notronal Foundation for ft rda&e I kushlQ Satntla% Rockville, MD 20852 Phone 301- 998 -0430 Fax 301 -998 -0418 www.nfahs.org MEMORANDUM TO: BUFFALO COMMON COUNCIL FROM: ELIOT REID, PRESIDENT & CEO, NATIONAL FOUNDATION FOR AFFORDABLE HOUSING SOLUTIONS, INC. SUBJECT: REQUEST FOR APPROVAL OF TRANSFER OF ARTICLE V PROPERTY - WHITNEY REHAB APARTMENTS DATE: DECEMBER 17, 2012 CC: TIM FAVARO, ESQ. The purpose of this memorandum is to briefly describe the proposed acquisition and preservation of Whitney Rehab Apartments, sponsored by National Foundation For Affordable Housing Solutions, Inc. (the "Foundation "), and to request the City of Buffalo's approval of the transfer of Whitney Rehab Apartments in connection therewith. The Property Whitney Rehab Apartments is a 135 -unit multifamily affordable rental housing property comprised of multiple buildings located at 126 Prospect Avenue, 190, 205, 209, 211 & 222 Carolina Street, 35, 59, 66 & 82 Whitney Place, 273 Georgia Street and 76 Johnson Park in the City of Buffalo, New York (the "Property "). The Property's residents benefit from a project - based Section 8 Housing Assistance Payments Contract ( "HAP Contract") which provides rent subsidy for 134 of the 135 residential rental units (one unit is leased to a maintenance superintendent). In addition to the Section 8 program, the Property is subject to further use restrictions administered by the United States Department of Housing and Urban Development ( "HUD ") through various programs, including the Section 236 program and the Mark- To- Market Mortgage Restructuring program. As a result, . the Property operates as deeply- restricted affordable rental housing for persons and families of low and very low income. The buildings which comprise the Property were originally constructed in the 1890s. In 1975, the buildings were retrofitted and converted to use as low- income housing through the HUD 236 program. In 2001, HUD reduced the rent subsidy paid through the HAP Contract and restructured the Property's FHA - insured mortgage debt. As a result, the Property is currently encumbered with three mortgages - an FHA - insured 223(a)(7) first mortgage loan, and two HUD -held mortgage loans which are payable from 75% of the project's net cash flow. Since the original conversion to rental housing in 1975, the property has not benefitted from substantial improvements beyond replacement of exterior fire escape stairways. After 37 years of service, the Property and its residents deserve a comprehensive rehabilitation and The National Foundation for Affordable Housing Solutions, Inc. is a 501(o)(3) nonprofit organization. December 17, 2012 } The Foundation Nafn "faaadalb.. fix""da* Fb-*,9 $* M^ modernization in order to meet and exceed today's standards for quality affordable rental housing. The Current Owner The current owner of the Property is Buffalo Village Associates Limited Partnership, a New York limited partnership organized pursuant to Article V of the New York Private Housing Finance Law ( "PHFU). The general partner (and much of the limited partner) interest in the current owner is owned and controlled by AIMCO, a public company headquartered in Denver, Colorado. After several decades of involvement in the ownership, operation and management of affordable rental housing, AIMCO has been actively disposing of its affordable housing assets around the country. After purchasing several affordable housing properties from AIMCO in the past twelve months, the Foundation entered into a purchase and sale agreement with the current owner to acquire the Property. AIMCO's standard terms and conditions of sale, which includes requiring the purchaser to obtain any federal, state and local approvals necessary to effectuate the purchaser and sale of the Property, were included in the purchase and sale agreement. As a result, the Foundation, rather than the current owner /seller, is making this request for approval of transfer of the Project as required under PHFI_ Article V. The Foundation The Foundation is a nationally- recognized nonprofit corporation and 501(c)(3) exempt organization committed to being a part of the solution to America's affordable housing crisis. Founded in 1990, the Foundation's primary goal is to preserve the existing stock of government - assisted affordable rental housing. Headquartered in Rockville, Maryland, the Foundation currently owns and operates thirty -seven affordable rental housing properties totaling 3,939 units in eleven states and the District of Columbia. The Foundation is committed to delivering the highest quality housing to underprivileged persons and families in order to stabilize communities and facilitate neighborhood economic development. We focus not only on improving the physical condition of the housing stock in our portfolio, but also delivering much - needed social services to our residents in order to improve access to health care, job training, improved nutrition, financial counseling and educational services for children and adults. Over the past 24 - months, the Foundation has sought to acquire existing government - assisted affordable rental housing on an "as -is basis" in order to better reposition these properties for substantial renovation, modernization and long -term preservation. The Foundation's proposed acquisition of the Property represents our first opportunity to apply its resources in furtherance of our mission in the State of New York. The Foundation's Preservation Plan In order to acquire and ultimately renovate and preserve the Property as affordable rental housing, the Foundation has sponsored the formation of Whitney Preservation Housing Development Fund Corporation, a New York nonprofit corporation organized pursuant to PHFL Article XI (the "Purchaser"). The officers and directors of the Purchaser are also officers and December 17, 2012 The Foundation NarWmffamdoGbnkvAAbMn6kNoushg Sa4nkrsslnc directors of the Foundation, which ensures the continuity of vision and responsibility for the Property's future between ownership and sponsorship of this preservation transaction. The Purchaser will own and operate the Property on a nonprofit basis while the Foundation works to secure the financial resources necessary to substantially renovate the Property. We anticipate that the resource procurement process will take approximately 24 months to complete, whereupon the Foundation and the Purchaser will effectuate a substantial renovation of the property, which is expected to include replacement of major mechanical systems, new kitchens, bathrooms, flooring and windows, roof repairlreplacement, along with funding for delivery of social services to enrich the lives of project residents. The renovation work will be designed and scheduled in such a way as to minimize the disturbance to our residents' daily lives. A On behalf of the Foundation, we appreciate your consideration of this request for approval to transfer the Property to Whitney Preservation Housing Development Fund Corporation. Should you have any questions, please don't hesitate to contact me at (301) 998 -0402. EXHIBIT B Tax Exemption Agreement 4 S'y 6() � � y M Tq VORU QMr- �td� 7 9175 =13 Awl made this -day ofebr s t•� �� b9tweten tho City of - trfala$ a sonieipal Corporatioa organU44 and existing pursuant to the lava of the State of Uer Xbrk, with offices for the trand actiaua of businaaa at City gayl Aiagurat square,' l alo New Xawk ( hereinafter referred to as the "City") and Suffao 711lace dssoci.atess a' lvuted partnership,, duly organised and existing pursuant to that prorrieiabe of. Arum.# v of the private Housing . Finance Ltv of the state of Nei Mork, ameaded, - -adAtainlat ua offi.es for trs tmeactian of, ftalnebs at 3 Ult7.taey Place, Buffalo,, Kett York {hereinafter referred to as the a "nodoveloment n sfs�tEhBp the Ae<3esre3.apmaent CmgaW his been folrtcl by the supervising ;g ncy (hereinafter re$%-Sd to " that "r.6 -anc ") 9 * to 'be quaUiod and 93.*=C1a3y resPonsiblo for the purpose of ottnIM real property and_conatmWting l,Msing thereon - in actcrdanae vita the pro9153oa8 of ectioa 236 of the !national UOU51 U Act of 2968 as amandedo far the purpose of contributing to the general welfars, the naaurity the health and the living standards of persons snd farsili©o of lour to moderate income residing in, the Cit rl and [,ME:st in further=co of the Pedevelopmont Company's obJec- tive, tt:e Federal Souslag AsTxtUdat_ation' vriica Irill 12 the cort -aGG :rja zteitng for the p+oject has given its *provral for the .iodevelow eat Cvz;tnylw participation a its :Lnte 3t roductian irogrs^i and FUDE.MAN tr REMY= Attorneys at Law • 110 Uilawae - bi ila. New Yark 14202 • (71 6) 11 53.11165 6 t u E1.8y the PtSdttx►al 1io itts..Athsiafstra.tiou In order tc matint$iui the projec%ls fda zibi,llty In aaaordenat with the -voquirewftts, of the said Section 238 has MwMW aw 16devslopmaut Cotapaw to seek out and to obtaiu tax relief frog the City upon its ir4ra7. property and proposed improve twnts; and wmusS the tax relief being stn &t rosy be gra+zeted 'by' a tax *XeMtion whiff will produce an annual paywt at fox ,an tctjt6s, of w,i o.00 upon the property' ad 3mi+ T0Mt$ 002WtitutiM th's said Y%vPartT for a period of 46 yeers " fit to Section 12$ of Article V Of the Private Housing Finmes Lau' of the State or Nov York as s>:= edl and, w=149 at a sesaian of the COMMA Council of the City held on the 28th deyof N"ember 19720 said Co=n Couucii pataaed a rosolutlon authorising said tax relief. Now T3DMott80 in consideration of the promises and the =tuai dovwmts azld apgswnta ba v natter uet forth, it is agreed by the'perties hereto ats follows t 1. That the real pxoParetY of t1%Q rodevelopment Compar rt as move particularly described on SebadUle Al ettacbed berets and caAa a part hgo ;r y together with the improvements :theremt Tire hereby eximptea, frvm the payment of all taxes other th= taies for 10001 improve t3 to - the extent that -19=e weed S32 0 400.00 per yehr. 2. That tlxa exeaptton Hragtel3anBffit:r abtall take affect as of th* ' , jth day of mil, 157 the data of "SUbstantial COmPlOt1= of the subjopt project as detnniued by the Departtmt of 11m.Lng And Urban I7eve3oproent7 by letter detod IV 240 19740 a copy of •Ad h is attached hereto and glade a part hereofi as Exhibit "S ". F.UDXMAN k RENAWO Ana "s 41 hw • t2U D#kwam . Eulhlo, Nw Yvrk 14202 • (716)053-110 6Y EXHIBIT C Section 122 of the Private Housing Finance Law § 122. Transfer of title or foreclosure of project, 1. Until the termination of the tax exemption, whether by expiration or by any other cause, a redevelopment company, heretofore or hereafter organized, shall not have power to sell the real property constituting the project or any portion or portions thereof without the consent of the local legislative body. 5 CITY CLERK'S OFFICE CITY HALF- July 5 73 BUPFAL 19 To Whmn it ma cmo= 3 Werrlr8 Qr!ftWg, That at It SMUM of the COM=ft Council of the City of Buffalo, held In the City Hall, on the 28th day of Rovehrtber 19 72 , a -- iution was Passed , of which the fallowing is a true copy: W M. inam N- na & P. ZWh muer YA aura fl7Y� DOME1.b �~ 7f6 aawMee�adl�ad: b7 ta,. (kmrmeaa as CMM A. VzP%g hda, Ada 1aYad: FS>®Aai SQ)fALp 'aStX.A4� AMD+ iTA'!O (imtid►a• talwaad tq a/ 1!w Of LM r model, br thm pmWpoe d eoawmateme 7. an 41IN V" ' mw 5--W, tow ha.hth aad dn 4y am".• HOW 9aoAhhmhvnh; 1la rr AfAptd�B: area es vmft a acrd lam:aar at Sew to 17 Sha llleltrCp OiVadh of pta CtW oa� me 1nR1;Aa in rttttb..m" 19 ME at t rW�Hau.ioA�is4tntici��i h aedarC4„w m" .� Maaat J'a! a +.wc .rnapHretl 1xK # atahod at ao �e.ea k Mi�7nv.a, 1 p trm hwoo to aeler. *W the I tct, ft- m '.�atf fYa i & That on myy r of NW CA, nR fnJtay . ! Is �y M bd x 29 iMaallps psaatam hr iii C'®� �dL to dtceeale as acre" ' 00=4 W= the Maaeedraomr4 M"M to R19mhat,L tb&1%d+rd g.1� Adm:a. bulom In aaar t• 704k11" fh► 4 --R a*= ma too Clbar tyaa aerr� ara4r rah !rr m u111Nra0 to Modme 1<e!� twra 1i aNaledaaaa a!m 1b. at me Wid Emtkm aa4ahrLL lha{pa Mm �� to am11Y1 pgmmii 30! YI tam" eW pL• . OWN ammmb4 t6 the idd hmelm 4► U. °4 {v !r '= �k 00 P" b abtda 4ae low hi rid PRa lram 115 raai giaParW aad 1Rr'Ca01ed h7Yafaram /trwAM E �Ia Ya ��� � mm n �a d i X-5 Eq I" a1W Yfa6rt awr11g1waa� � of 0 lam eaMaaaetes 1}C� � adw h t�'la aaaad apo� �y -a � MANYYa CR {Ifr Yie . lltyavr�Ila1M / �1. y.aP• attY 4a a =14 pEUaaaeS id 1sw44 Sm a� An 4 a4 au fob 1d,, u.' V. "boo 11W W a rt aet4aa lr mud. V d Of VMM ,iotW.tt htlAwme �w d th* PA" Cd I >te1► Tyra, 4 1wOdadi amd. E 90100 ft o! W add ptN&*L - 3 {� ike tata0 , 7>C _ • a� mt j. I r m ttra4 to W aanmot ArA the•brm. rid CCawm4 d O.Um 11a d no so A4. aR aawlaed. I1W a M arabt • :allc4wMta CIl p 7Mfa. t I further certify that the above resolution was signed approved by the Mayor on Dec. 8, 1972 and returned to the City Clerk on Dec. 8, 1972. 0011 J)b /A BY: MR. FRANCZYK Re: Consent to Sale of Real Property — Private Housing Finance Law § 122 — Whitney Neighborhood Redevelopment Project -- Buffalo Village Housing Associates WHEREAS, Buffalo Village Associates is a limited partnership duly organized and existing pursuant to the provisions of Article V of the Private Housing Finance Law of the State of New York, as amended, that owns real property in the City of Buffalo commonly known as 11 Wrospect Avenue; 222 Carolina Street; 59 Whitney Place; 209 Carolina Street; 186 Carolina Street; 76 Johnson Park; 66 Whitney Place; 35 Whitney Place; and 269 Georgia Street (hereinafter referred to as the Whitney Neighborhood Redevelopment Project); and WHEREAS, on February 24, 1975, the City of Buffalo and Buffalo Village Associates entered a tax exemption agreement, pursuant to the Private Housing Finance Law, exempting the Whitney Neighborhood Redevelopment Project from certain real property taxes; and WHEREAS, said tax exemption agreement remains in effect for a period of forty years commencing April 5, 1974; and WHEREAS, such tax exemption agreement remains in effect; and WHEREAS, Buffalo Village Associates seeks to sell the Whitney Neighborhood Redevelopment Project to Whitney Preservation Housing Development Fund Corporation; and WHEREAS, Whitney Preservation Housing Development Fund Corporation is a non- profit corporation organized pursuant to Article XI of the Private Housing Finance Law; and 'a� WHEREAS, section 122 of the Private Housing Finance Law.requires that until the termination of the tax exemption, whether by expiration or by any other cause, a redevelopment company shall not have the power to sell the real property constituting the project or any portion or portions thereof without the consent of the local legislative body; and WHEREAS, the properties constituting the Whitney Neighborhood have not received any significant improvements since the original rehabilitations were accomplished in 1975; and WHEREAS, Whitney Preservation Housing Development Fund Corporation has represented to the City its intention to rehabilitate the properties constituting the Whitney Neighborhood redevelopment Project; and WHEREAS, the existing tax exemption will terminate upon the sale to Whitney Preservation Housing Development Fund Corporation; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Buffalo consents to the sale, by Buffalo Village Associates, of real property in the City of Buffalo commonly known as 111 Prospect Avenue; 222 Carolina Street; 59 Whitney Place; 209 Carolina Street; 186 Carolina Street; 76 Johnson Park; 66 Whitney Place; 35 Whitney Place; and 269 Georgia Street (such properties also being known as the Whitney Neighborhood Redevelopment Project), to the Whitney Preservation Housing Development Fund Corporation; and, be it further RESOLVED, that this consent is granted pursuant to New York Private Housing Finance Law section 122. 8 1 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS December 26, 2012 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 12 PASSED December 26, 2012 Change in Contract- Museum of Science Mechanical Reconstruction Gerald A Chwalinski City Clerk , ca � JAN 077 2013 � MAYOR � t 3 000' M ,j�, h , l #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Museum of Science [: Mechanical Reconstruction [: Job #1233 [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for the Museum of Science, Mechanical Reconstruction, Quackenbush Co., Inc., C #93001020. 1. Remove and reinstall heat pumps #147, 148, 160, 161, Add $ 7,324.05 162, 163 to allow condensate piping to drain. 2. Furnish and install new electrical disconnect for unit Add $ 308.42 #156A. 3. Furnish and install new electrical cords for condensate Add $ 681.70 pumps associated with units AC -3, 4, and 12. Furnish and install new duplex outlet for AC -12 to include relay to shut down system in case, of pump failure. The foregoing change results in a net increase in the contract of Eight Thousand Three Hundred Fourteen and 171100 Dollars ($8,314.17). Summary: Original Contract Amount $293,000.00 Amount of This Change Order ( #1) Add $ 8,314.17 Revised Contract Amount $301,314.17 I certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is available in 35326106 445100 - Buildings. SJS /PJM /JF /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of P Works, Parks & Streets Signature of Department Head: 6A Change in Contract — Museum of Science Mechanical Restoration (Masten)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire dated December 18, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $8,314.17 (Original Contract Amount $293,000.00 + Change Order #1 $8,314.17 for a Revised Contract Amount of $301,314.17) for the Museum of Science, mechanical restoration to Quackenbush Co., Inc., C #93001020. Funds for this work are available in Account #35326106 445100 - Buildings. C-\ UsersVmcinskiUppDatal LocaaMicrosoftlWindows\Temporary Intemet FileslContent,Outlook10X32QV W61Change in Contract- Museum of Science.doc fa * A * NO FONTANA FRANCZI'T * GOLOM IM LOCUR.TO PRIDGEN * RIYERA. RUSSELL SCANLON * Nlaj_5 213 -5 * *(� 314- 7 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 13 PASSED December 26, 2012 Change in Contract- Renewal #4 Yard Waste Removal- Lardon Const Corp Gerald A Chwalinski City Clerk V i 1 11 1 1 JAN 0 7 2'013' Y a. r%j QD 000. "I 91 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 17, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract #93000894 [: Renewal #4 Yard Waste Removal [: Lardon Construction Corp. PRIOR COUNCIL REFERENCE: (IF ANY) [;;] I hereby submit to Your Honorable Body the following change order for the above named project. Lardon Construction is the company hired to remove yard waste, namely leaves, for the City of Buffalo. This increase is necessary for the continuation of leaf removal throughout the remainder of this year. The proposed change order represents an amount not to exceed $20,000 over the original contract amount. I respectfully certify that this increase to this contract is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve this change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase to contract #93000894. The funds are available in Refuse Disposal account 52002606- 442100. Original Contract: Increase in Contract: Total Contract to Date SJS/HJ/kem $80,000.00 not to exceed S20,000.00 $100,000.00 cc: Peter J. Merlo, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak Commissioner -..- L50 U Change in Contract — Renewal #4 Yard Waste Removal (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire dated December 17, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $20,000.00 (Original Contract Amount $80,000.00 + Change Order #1 $20,000.00 for a Revised Contract Amount of $100,000.00) for the removal of yard waste, namely leaves, for the City of Buffalo to Lardon Construction, C #93000894. Funds for this work are available in Account #52002606 - 442100. C:\ UsersWucinskMppDataV .ocallMicrosoftlWindows\Temporary Internet FJesl Content.outlook1OX32QVW61Change in Contract- Renewal 4 yard waste removal.doc *ME *NO FONTANA * * FRANCZYlc * . * - * GOLOMBEK LOCURTO PRIDGEN * RIVM RUSSELL SCANLON maj -5 213 -6� *� 314- 7 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 14 PASSED December 26, 2012 Ohio St Lift Bridge Michigan Ave Lift Bridge- Emergency- Kingsley Park Gerald A Chwalinski City Clerk A P P- R 0 JAN 0 7 2013 `' MAYOR ry Q0fl�4 #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx/xx/xx Engineering [: Ohio Street Lift Bridge [: Michigan Avenue Lift Bridge [: Emergency Structural Repairs G On October 23, 2012 our Department was issued a Red Structural Flag on the Ohio Street Lift Bridge by the New York State Department of Transportation. This flag report indicated several stringer 1 floor beam connections under the lift span of the bridge exhibited section loss of the steel beyond the safe threshold of the structure. On November 27, 2012 our Department was issued a Red Structural Flag on the Michigan Avenue Lift Bridge by the New York State Department of Transportation. This flag report indicated a crack on a gusset plate on the north tower of the bridge. Do to the scope, magnitude and time criteria of the necessary repairs I have hereby declared an emergency situation and asked our structural consultant to begin working on a repair detail. Three Contractors were asked to submit emergency repair bids for these two locations: Contractor Total Bid Hohl Industrial Services $90,960.00 770 Riverview Boulevard Tonawanda, New York 14150 BVR Construction $110,750.00 8 King Road ChurchviIle, New York UCC Construction Inc. No Bid 105 Center Road West Seneca, New York 14224 I hereby certify that the lowest responsible bidder for the above project is Hohl Industrial Services Inc. and respectfully recommend that your Honorable Body order the work. I am requesting the cost thereof to be charged to Capital Project Accounts 33310306, 34311006, 35314206, an account(s) to be named at a later date in an amount of $100, 056.00 ($90,960.00 Base Bid plus a 10% unit price increase of $9,096.00). The Engineer's estimate for this work is $90,000.00. The above is certified to be a true and accurate statement of the bids received. Individual bid submissions are available in our office for inspection and copies are available upon request. PJM: SJS: DEB: DJP TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: DATE: December 19, 2012 Public Works, Parks and Streets Peter J. Merlo, P.E. City Engineer Department of Public Works, Parks & Streets Report of Emergency Bid — Ohio Street Lift Bridge and Michigan Avenue Lift Bridge (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 19, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the repair of several stringer /floor beam connections under the lift span of the bridge that is beyond the safe threshold of the structure to Hohl Industrial Services, and for the repair of the Michigan Avenue lift bridge for the repair of a crack on a gusset plate on the north tower of the bridge in the amount of One Hundred Thousand Fifty -Six Dollars ($100,56.00) ($90,960.00 Base Bid plus 10% unit price increase of $9,096.00). Funding for this project is available in Capital Accounts 33310306, 34311006, 35314206, and an account(s) to be named at a later date Passed. C: IUsersMrucinskilAppData\ LocallMicrosoft\Windows\Temporary Intemet FileslContent .Outlook \OX32QVW61Report of Emergency Bid -Ohio St lift bridge.docx * AYE * NO FONTANA FRANCZYK GOLOIIBFK LOCURTO PRiDGEN RIVER& RUSSELL SCANLON Abj -5 213 -6 3/4- 7 r City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 15 PASSED December 26, 2012 Permission to Engage Services Consulting Engineer- Kingsley Park Gerald A Chwalinski City Clerk kfj yE' -9 9 Y{1 E N 0.7 2313 r,., C--"P �� . 0001 5 9 (-9 #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 19, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Permission to engage services of Consulting Engineer [: for the annual site inspection, groundwater [: monitoring, and reporting services for [: Kingsley Park, Erie County Site No.: 915124 PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Benchmark Environmental Engineering & Science, PLLC to perform annual site inspection, groundwater monitoring, and reporting services for the period of 2012 through 2016 at the Kingsley Park Site in the City of Buffalo, NY as required by NYS Order of Consent (Index # B9- 0326 -90). These services will also includes the preparation of a Periodic Review Report in 2016, which is now a requirement of NYSDEC DER -10 (November 2009) for all post - remedial Superfund sites. The monitoring and reporting services each year beginning in 2012 through 2016 will include: • One annual sampling event of 2 groundwater monitoring wells (MW -1 and MW -2) and collection of groundwater elevation data at 7 additional. wells (MW -3 through MW -9) • Inspection and documentation of the structural integrity of the site monitoring wells and the soil cover system. • Groundwater samples • Analysis of field parameters • Preparation of a letter report summarizing the annual groundwater monitoring event of each year. • NYSDEC EQuIS Deliverables • Preparation of the NYSDEC Annual PRR & Site Inspection Form The costs for consulting services are estimated not to exceed $12,700.00 to provide the above - described services, including all labor, equipment, analytical and other expenses, is $2,540 per year (or $12,700 over the five year contract). Benchmark Environmental Engineering & Science, PLLC has been the consultant approved in the past years for monitoring work that required a greater level of effort to set up the initial Period review Reports (PRR) templates. 1'� Now that the template have been prepared, Benchmarks cost to complete the Period Review Reports with scope of work described above has been reduced nearly fifty percent from thier 2011 budget. As you can see, Benchmarks proposed budget for this multi -year contract constitutes a substantial savings to the City. The funds are available in Capital account 31310906-445100 Buildings and an account to be named at a later date. PJM: fg cc: Comptroller J. Jacobs, Buildings TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets U - 1 SIGNATURE OF DEPARTMENT HEAD: Permission to Hire Consultant — Kingsley Park (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 19, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award hire a consultant to perform annual site inspection, ground water monitoring, and reporting services for the period of 2012 through 2016 at the Kingsley Park Site in the City of Buffalo, as required by NYS Order of Consent (Index. # B9- 0326-90) to Benchmark Environmental Engineering and Science, PLLC. The cost for consulting services is estimated not to exceed $12,700.00 over the five year contract. Funds are available in Capital Account 31310906- 445100 — Buildings, and an account to be named at a later date. Passed. C:kUsemVimci lahAppoala�LamINl crosoftlWlndowslTempomxy Inlemel PilesSComent_ Ouflwk5OX32QVW6 5Permissloa to Hire C.n dtant Kingsley Pa k,docx *AYE *NO* * FONTANA * * F1tANCZU * . GOLOMMEK LOCURTO * PROGEN * RIVERAL * RUSSELL # SCANLON * SAIrm * * * Mstj - 5 213- G * *� 3/4- 7 City Clerk's Department BUFFALO December 28, 2012 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR; Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 16 PASSED December 26, 2012 Permission to Increase Consultant Contract- TVGA- Distribution Improvements Gerald A Chwalinski City Clerk t .S L? w� Q001r #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: December 7, 2012 Public Works, Parks and Streets 1'0 SUBJECT: [Permission to Increase Consultant Contract [TVGA Consultants [Distribution Improvements - Various Locations [North — Phase 2 [Contract # 93000178. [Niagara District Water PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No., C.C.P.) I hereby submit to your Honorable Body the following change for this contract. TVGA Consultants is the engineering consultant for Water Distribution Improvements Various Locations North — Phase 2. A total of 29,500 is required for Engineering Services to construct a new 8 -inch water main in Michigan Avenue between Carlton Street and High Street. .This increase is necessary for services related to additional survey, design, record, construction administration (CA) and construction inspection (CI) phases of anew 8 -inch water main on Michigan Ave. between Carlton Street and High Street. A new 8 -inch water main is required to replace the deficient 6 -inch main (circa 1882) in this growing medical corridor and to support the new buildings water demand beginning construction in the spring of 2013. The total additional fee's requested and identified herein totals $ 29,500.00 and includes $ 15,000 for construction inspection (CI) to be invoiced at the current contract rate of 75.00 /hr. . Current Contract Amount: $ 371,110.00 This Requested Increase: $ 29,500.00 Total Contract Amount: $ 400,610.00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $29,500.00. The funds will be available in Division of Water accounts to be named at a later date. PJM: kjh DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: l Permission to Increase Consultant Contract — TVGA Consultants (Nia )(DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated December 7, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order 41 in the amount of $29,500.00 (Current Contract Amount $371,110.00 + Changer Order #1 $29,500.00 for a total revised contract amount of $400,610.00) for engineering services to constructs a new 8 -inch water main in Michigan Avenue between Carlton Street and High Street to TVGA Consultants. Funds for the project will be available in Division of Water accounts to be named at a later date, Passed. C: 1Asermvcinski\ AppDatelLocal \Miorosoft%WindowslTemporary I.ntemei Fifes \Content .Outlook \OX32QVW6\Permission to increase contract TVGA.doc * AYE *NO FONTANA FRANCZYK * . GOLOMBEK . LOCURTO * * * - * PRIDGEN RIVERA RUSSELL SCANLON * SAI T'H * * * M -5 q � 3,4- 7 City Clerk's Department BUFFALO December 28, 2012 HON. BYOWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 17 PASSED December 26, 2012 Permission to Increase Contact- Union Concrete and Construction Corp Ellicott & Goodrich Garage (Fill) Gerald A Chwalinski City Clerk J'AN '0 7 `2013 w� C7-) W�7 00 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 19, 2012 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Increase Contract [Union Concrete and Construction Corp. [Ellicott & Goodrich Garage (EGG) [Fillmorc District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No., C.C.P.) I hereby submit to your Honorable Body the following change for the contractor for repairs at EGG parking ramp project. This increase is necessary for the following summary of the additional works by contractor on the proj ect: - Remove and replace concrete masonry wall above stairwell door - Replace existing electrical junction box - Replace existing rusted steel lintels above stairwell door buck Previously approved Contract Amount: $ 27,362.50 This Cost increase: $ 4,812.50 Total: $ 32,175.00 - A b I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $ 4,812.50 Funds for this project are available in Account # 51008207 - 470010. PJM: sag DEPARTMENT HEAD NAME: TITLE: Peter J. Merlo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD: Permission to Increase Consultant Contract — Union Concrete and Construction Corp. — Ellicott & Goodrich Garage (Fill)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated December 19, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order 41 in the amount of $4,812.50 (Current Contract Amount $27,362.50 + Changer Order #1 $4,812.50 for a total revised contract amount of $32,175.00) for construction repairs at Ellicott & Goodrich Garage parking ramp to remove and replace concrete masonry wall above the stairwell door, replace existing electrical junction box, and to replace existing rusted steel lintels about the stairwell door buck to Union Concrete and Construction Corp. Funds for the project will be available in Account # 51008207 - 470010. Passed. C:\ Usersllrucinskil AppPata lLocatUcrosoHlWindows\Temporary Internet Files \Content.Outlook\OX32QVW6\Pemn scion to increase contract Union Concrete.doc smrm * * * Maj - 5 2/3- 5 * Q 314- 7 * * . * AYE * NU * * FONTANA * GOLOM BEK * LOCURT4 * ' * PRIDGEN # Pjrvm RUSSELL # SCANLON smrm * * * Maj - 5 2/3- 5 * Q 314- 7 * * . City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19. of the Charter, I present herewith the attached resolution item. No. 18 PASSED December 26, 2012 Report of Bids Bridge Joint Replacement & Resurfacing (Various) Gerald A Chwalinski City Clerk l i CD �:1 . L. *A 000.8 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: Dec. 19, 2012 FROM: DEPARTMENT: Public Works, Parks ,& Streets DIVISION: Engineering SUBJECT: [: Report of Bids (: Bridge Joint Replacement and Resurfacing [: Various Locations [: PIN 45759.65 PRIOR COUNCIL REFERENCE: (IF ANY) [: . _ This is to advise Your Honorable Body that I have advertised and received bids on October 31, 2012 The lowest three bids received were: Contractor Base Bid Total Bid Price Oakgrove Construction, Inc. $319,970.00 $335,968.50 6900 Seneca Street P.O.Box 103 Elma, NY 14059 Union Concrete and Construction Corp. $324,423.00 $340,644.15 P.O. Box 410 West Seneca, NY 14224 Yarussi Construction, Inc. $367,392.00 $385,761.60 5650 Simmons Ave. Niagara balls, NY 14304 I hereby certify that the lowest responsible bidder for the above project is Oakgrove Construction, Inc. and I respectifully recommend that Your Honorable Body authorize a contract award to Oakgrove Construction, Inc. in the amount of $335,968.50. (Base Bid of $319,970.00 + [5% unit price increases] $15,998.50 equals [Total Award] $335,968.50). The engineer's estimate for this work is $450,770.00. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #32030006 - 445100 and an account to be named at a later date. SJS /JDB/DJP: dab TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer 'Z G VtA Mpo"ATO � GETii<iM ccrin%mn wpnNESDAY OCTOBER 31, 2012 AT11.00 AM, I HEREBYCERTIFYTHAT, TO THE BESTOF MY KNOWLEDGE AND 13EiiEF, THIS CONTRACT WAS SID IN ACCORDANCE WITH STANDARD COMPETITIVE BIUOING PROCEDURES AND FEE IEQUIRENENTSANDTHISTABUI.ATION INCLUDES ALL BIDS RECEIVED ATA PUBM BID OPENING HE' LD ATTHE Cr YOF BUFFALO, CITY HALLON OCTOBER 3i, 2012 FORA CONTRA( IN 5758.65, BRIDGEJOINT REPLACEMENTAND RESURFACING IN THE CLTYOF BUFFALO, VARIOUS LOCATIONS,AND THATTHE MATHEMATICAL EXTENSION OF UNIT PRICES TO ITEM !nMPI ITFn TOTAIS Ir ACCURATE ANDAS SUBMITTED BY EACH BIDDER AS SHOWN EXCEPTAS NOTED. NOTEDE]ICEPTIDNS FROM BID DOCUMENT$ OAKGROVE CONSTRUCTION, INC. NONE NOTED UNION CONCRETE AND CONSTRUCTION CORP. NONE NOTED YARUSSI CONSTRUCTION NONE NOTED HUNTING VALLEY CONSTRUCTION, INC. NONE NDTED NICHOLS, LONG & MOORE NONE NOTED NOVA SITE COMPANY, LLC NONE NOTED `J Report of Bid — Bridge Joint Replacements and Resurfacing — Various Locations (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated December 19, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for bridge joint replacement and resurfacing with Oakgrove Construction, Inc. in the amount of $335,968.50 (Base Bid of $319,970.00 + [15% unit price increase] $15,998.50 for a Total Award of $335,968.50). This project is a 95% reimbursed Federal. Aid Highway Project and funds for this project are available in Capital Account #32030006 - 445100, and an account to be named at a later date. Passed. C:1 UsersU rucinskil AppData\ Loca)WicrosoftlWindowslTemporary Intemet Fiies\Content.Outlook\OX32QVW6 \Report of Bids-bridge joint replacernent.doex * AYE * NW * FONTANA FRANCZYfc * GOLOMDEK LOCURT4 * PRIDGEN * RIVERA * RUSSELL SCANLON SARM Mli - 5 2/3- 6 3/4- 7 * ,� City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 19 PASSED December 26, 2012 Report of Bids Bflo & EC Historical Society Electrical Renovations(N Gerald A Chwalinski City Clerk A P IM Fl t�� � JAN '0: 7 2013 QZ A2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL `TO: THE COMMON COUNCIL DATE: December 18, 2012 0001.1 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Buffalo & Erie County Historical Society [: Electrical Renovations [: Job #1283 [: North District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on November 20, 2012, and received the following formal sealed bids for the Buffalo & Erie County Historical Society, Electrical Renovations, which were publicly opened and read on December 18, 2012. Base Bid Alt. #1 Alt. #2 Alt #3 Alt #5 Alt #6 Frey Electric Construction $673,000.00 $79,000.00 $37,000.00 $10,000.00 $56,000.00 $37,000.00 900 Pearce Tonawanda, NY CIR Electrical $675,000.00 $85,900.00 $53,400.00 $18,900.00 $77,100.00 $61,700.00 4001ngham Buffalo, NY Goodwin Electric $807,000.00 $82,103.00 $27,600.00 $12,731.00 $60,495.00 $63,912.00 209 S Youngs Williamsville, NY Alternate #1: Remove and replace existing fire alarm system. Alternate #2: Provide site lighting. Alternate #3: Provide receptacles on second floor. Alternate #5: Provide extension of existing surveillance camera system. Alternate #6: Remove and replace existing telephone system in the B &ECHS building and Reinstein Building. Provide PA system connected to replacement telephone system. hereby certify that the foregoing is a true and correct statement of all bids received and that Frey Electric Construction. Co., Inc., with a Base Bid of $673,000.00, add Alternate #1 for $79,000.00, add Alternate #2 for $37,000.00, add Alternate #3 for $10,000.00, add Alternate #5 for $56,000.00, add Alternate #6 for $37,000.00, for a total bid price of Eight Hundred Ninety Two Thousand and 001100 Dollars ($892,000.00) is the lowest responsible bidder in accordance with the plans and specifications. V qI I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 32320306 445100 ($398,785.56) and 35323106 445100 ($493,214.44) - Buildings. SJS /PJM /DDC /dlg cc: Comptroller's Office Contract Compliance Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: q / Y Report of Bid — Buffalo and Erie County Historical Society Electrical Renovations (North)(DPW) Mr. Smith moved. That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated December 18, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Buffalo and Erie County Historical Society, electrical renovations, with Frey Electric Construction Co., Inc., in the amount of $892,000.00 (Base Bid of $673,000.00 + Alt. #I for $79,000.00 + Alt. #2 for $37,000.00 + Alt. #3 for $10,000.00 + Alt. 45 for $56,000.00 + Alt. #6 for $37,000.00 for a Total Award of $892,000.00). Funds for this project are available in Account #32320306 445100 ($398,756.56) and 35323106 445100.($493,214.44) — Buildings. Passed. C: lUsersll rucinskilAppDatal Loca [\MicrosofllWindows\Tamporary Internet Files\Content.Outlook\OX32QVW6 \Report of Bids- 14istofical society.doex AYE * NO FONTANA FRANCZYK * . GOLOM EK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON Mpj - 5 213 - 6 3/4- 7 ,� City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 20 PASSED December 26, 2012 Report of Bids- City Court 4 Floor- Reconstruction Phase IV Gerald A Chwalinski City Clerk A P P 11 E JAN 0,,7 2013 �- #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 14, 2012 Q 0 Q FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Build SUBJECT: [: Report of Bids [: City Court -4" Floor [: Reconstruction -Phase IV j: Job #1265B PRIOR COUNCIL REFERENCE: (IF ANY) (EX.: Item No. CCP ) TEXT: I requested on November 30, 2012 and received the following bids for City Court, 0 Floor, Reconstruction - Phase IV, on December 11, 2012, Miller Enterprises $49,900.00 12 Newfield, Buffalo, NY All.gaier Construction $54,780.00 4790 Thompson, Clarence, NY Nichter Associates $69,000.00 3435 Harlem, Cheektowaga, NY C. Nichter No Bid 30 Wildwood, Lancaster, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid of Forty Nine Thousand Nine Hundred and 001100 Dollars ($49,900.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35323106 445100 - Buildings. M SJSIPJMIPMIdIg cc: J. Jacobs, Buildings Comptroller Department Head Name: Peter J. Merlo. P.E. Title: City Engineer Q Signature of Department Head: 1 1 Report of Bid — City Court — 4 th Floor Reconstruction -- Phase IV (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated December 14, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner, of the Department of Public Works, Parks and Streets to enter into an agreement for City Court, 4 th Floor Reconstruction — Phase IV with Miller Enterprises in the amount of $49,900.00. Funds are available in Account 9 35323 106 445100 -- Buildings. Passed. C: 1User5llweinski\ AppDataToca [\Microsoft\Windows\Temporary Intemet Files\ Content.oUtlook\ox32QVW6\Report of Bids -City Court Phase W.docx *A E *YO* FONTANA L * FItANCZYK * - GOLOIV�EIf LOCURTO * PRIDGEN * RIVERA, RUSSELL SCANLON * SA= * * * Mlij - 5 213- 6 3/4- 7 r o City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 21 PASSED December 26, 2012 Request Permission to Accept Funds for Grants Awarded to 3flo RiverKeeper Gerald A Chwalinski City Clerk , -n ") � � C �fr� JAN 0 7 2 013 n.� 00021, le\ #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE CONaMON COUNCIL TO: THE COMMON COUNCIL DATE: December 19, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Request Permission [: To Accept Funds for [: Grants Awarded to the [: Buffalo Niagara RiverKeeper for [: Broderick Park Master Plan & Improvement Projects PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) Permission is hereby requested from Your Honorable Body to accept donation of design and construction services for the following grants awarded to and to be administered by the Buffalo Niagara Riverkeeper to be implemented in Broderick Park Master Plan & Improvement Projects as described: Grant Name Amount Location NYS Dept of State $550,000.00 Broderick Park C007112 NYS Dept of State $250,000.00 Broderick Park C007110 Your consideration toward this request is greatly appreciated. SJS:PJM:fg cc: Comptroller J. Jacobs, Buildings TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: V Request to Accept Grant Funds — Buffalo Niagara Riverkeeper for Broderick Park Master Plan and Improvements (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 19, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept a donation of design and construction services in the total amount of Eight Hundred Thousand Dollars ($800,000.00) (Grant from NYS Department of State, C007112 in the amount of $550,000.00 + Grant from NYS Department of State, C007110 in the amount of $250,000.00 for a total grant amount of $800,000.00) awarded to and to be administered by the Buffalo Niagara Riverkeeper to be implemented in Broderick Park Master Plan and Improvement Projects. C:\ Usersl lrucinskil AppData Tocal\microsoftlWindows\Temporary Internet Files\Content,0ut1oaWX32QV W61Request to Accept Grant Funds - Broderick Park.doex 7 * AYE * NO FONTANA IWCZYK GOLOMBEK LOCURTO PRIDGEN RIVER! RUSSELL r� SCANLON SMITE 2 /3 - 6 3/4- 7 ,� City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 22 PASSED December 26, 2012 Request Approval of Contract for Weekly Recycling Collection Gerald A Chwalinski City Clerk A P P FR - Eo J N 0 7 2063 s.� s F - J f'0 Q�, #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 000 TO: THE COMMON COUNCIL DATE: December 17, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Sanitation SUBJECT: [: Recycling [: Weekly Recycling Contract PRIOR COUNCIL REFERENCE: (IF ANY) [: I hereby respectfully request from Your Honorable Body permission to approve the weekly recycling collection with the City of Buffalo's existing contract at a monthly cost of $166,367.00 + CPI, and Standard Fuel Adjustment. This is a 2.8% increase over the original amount in the RFP and is based on adding 1,700 commercial stops, schools, BMHA and numerous Special Events to the curb side collection which was not accounted for in the original RFP request. Also, we are going from a Bi- weekly to a weekly pick up as per the RFP. Based on our statiscal information compiled over the 2012 calendar year we are recommending to stay with the weekly collection through the term of the contract which will expire on December 31, 2016. SJS:dak DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of P ic, l�rks, Pis & SIGNATURE OF DEPARTMENT HEAD: Cc: Peter Merlo, P.E., City Engineer Raymour Nosworthy, Special Assistant y� ok� Approval of Contract — Weekly Recycling Contract Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 17, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to amend the existing contract to provide for weekly recycling collection through the term of the contract ending December 31, 2016, at a revised base monthly cost of $166,367.00. Passed. C:1 Usersl lnicinskilAppDataEocallMicrosoft \Windows\Temporary Internet FileslContent .Ontlook1OX32QVW61Approval of Contract- recycling.docx * .AYE * Na * FONTANA * FRAANCZYK * GQLOMBEK LOCURT4 * PR DGEN * RUSSELL * SCANLON * * SWIM * * * maj - 5 213 -6 * q *Q 3/4- 7 * ` #4 (Rev 7 -67) ® 0 0 2 "1 q3 Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Water Account Clerk Typist Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 35,127 LAST JOB TITLE Account Clerk Typist (Temporary) NAME Stella Adams LAST DEPARTMENT DPW DATE 12112 ADDRESS 93 Montclair Ave. LAST SALARY $35,127 CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX- 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 53003501 TITLE CODE NO 0401 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -76 SALARY RANGE OF POSITION $31,754 - $35,127 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE:: 12117112' SIGNATURE OF APPOINTING AQTH ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE „APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) � FROM THE COMMISSIONER OF POLICE December 26, 2012 400`-1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 12, 2012 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: Drug Asset Forfeiture Annual Certification Report and Audit for Fiscal Year Ending June 30, 2012 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) TEXT: (TYPE SINGLE SPACE BELOW) Enclosed please find the completed audit report and certification report for the fiscal year ended June 30, 2012. This report is being filed with your Honorable Body as an informational item. If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 8514624. REFERRED TO THE Cod ITTE.E ON FINANCE DD/jws TYPE DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE TITLE: COMMISSIONER OF POLICE SIGNATURE OF DEPARTMENT a� 0 City Clerk's. Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the proyisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 25 PASSED December 2d, 2012 Permission to Accept Various Grants- 2012 Bullet Proof Vest Reimbursement Gerald A Chwalinski City Cleric c C� �00 5 F #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE _November 26, 2012 FROM: DEPARTMENT: Buffalo Police Department DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example (Item No.xx C.C.P. xx/xxlxx TEXT: (TYPE SINGLE SPACE BELOW} As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an Interfund cash loan for all non - personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As a matter of process, strictly informational, we will also notify Buffalo's Fiscal Stability Authority. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the December 26, 2012 meeting. 2012 BULLET PROOF VEST REIMBURSEMENT - Through its Department of Police, the City is entitled to receive up to 50% reimbursement of $15,597.16, for the authorized purchase of bullet proof vests that comply with the requirements of the Office of Justice Programs' National Institute of Justice. Reimbursement is handled online and the City will receive a direct payment once proper reimbursement steps are electronically initiated. We are asking for permission for the Mayor to accept this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non - personnel expenditures as the need arises. a� ##2- Page 2 (Rev. 1193) page # 2 TEXT CONTINUATION: TYPE SINGLE SPACE BELO R � We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on the processing grants under our own governmental procedures. We need your immediate approval due to the various timetables and the upcoming Christmas holidays, as we must process some paperwork and set -up some accounts prior to the end of the year, and we cannot proceed until we secure your approval. If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: �" Buffalo Police Department — Permission to Accept Various Grants and Approval for Interfund Cash Loans (Item No. 25 C.C.P., December 26, 2012) Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby authorizes the Mayor to enter a grant agreement with and to accept and expend funds from the United States Department of Justice Bureau of Justice Assistance, for 50% reimbursement of purchases of bullet -proof vests program period April 1, 2012 through August 31, 2014. The grant will reimburse up to $15,897.16 of a maximum City expenditure of $37,794.32. The Council further authorizes the Comptroller to provide interfund cash loans for all non - personnel expenses incurred before reimbursements are secured from the funding source. Passed. L6 * AYE *NO * * FONTANA * GOLOMEK * LOCURTO * ' * PRIDGEN * RVERA * RUSSELL SCANLON * SMITH * * * 2l3 -6 *� *V 3/4- 7 City Clerk's Department BUFFALO December2P, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 26 PASSED December 26, 2012 Permission to Accept Various Grants- Governor's Traffic Safety (Yr 17) Gerald A Chwalinski City Clerk 000 P0 #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL �a TO: THE COMMON COUNCIL: DATE: November 26, 2012 FROM: DEPARTMENT: Buffalo Police Dep artment DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example alem No.xx C.C.P. xx /xxb TEXT: (TYPE SINGLE SPACE BELOVf� As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non - personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As a matter of process, strictly informational, we will also notify Buffalo's Fiscal Stability Authority. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate Your approval at the December 26, 2012 meeting. GOVERNOR'S TRAFFIC SAFETY EAR 17 - The City Buffalo was recently notified that this year, we have received grant funding under the Governor's Traffic Safety Grant Program through our participation with the County of Erie's Governor's Traffic Safety Regional Planning Committee. This year's award for overtime reimbursement is $11,978, which while heavily cut over the last five (5) years, was increased this year by 3.7% over the City's allocation last year. Through this project, a heavy emphasis is being placed on general safety by addressing speed enforcement, cell phone /texting, and aggressive driving behaviors that have been determined regionally by this committee as a major problem (whereby the City of Buffalo is represented, as are the surrounding suburbs). Again, there is no City Match attached to this grant. We are asking for permission for the Mayor to accept this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non - personnel expenditures as the need arises. #2- Page 2 (Rev. 1193) page # 2 �p TEXT CONTINUATION: (TYPE SINGLE SPACE BELOID We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on the processing grants under our own governmental procedures. We need your immediate approval due to the various timetables and the upcoming Christmas holidays, as we must process some paperwork and set -up some accounts prior to the end of the year, and we cannot proceed until we secure your approval. If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: Buffalo Police Department — Permission to Accept Various Grants and Approval for Interfund Cash Loans (Item No. 2,6 C.C.P., December 26, 2012) d� Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby approves acceptance by the Mayor of $11,978, representing overtime reimbursement, from the Governor's Traffic Safety Grant Program administered through the County of Erie Governor's Traffic Safety Regional Planning Committee, and further authorizes the Comptroller to provide an interfund cash loan for all non- personnel expenses incurred are secured from the funding source. In * AYE * NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN RINERA * RUSSELL SCANLON * SMITH * * * Mstj - 5 213- 6 3/4- 7 City Clerk's Department BUFFALO December. ;, 2012 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 27 PASSED December 26, 2012 Permission to Accept Various Grants- NYS Motor Vehicle Theft/ Insur. ,Fraud Prevention Grant Gerald A Chwalinski City Clerk 000 A; #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCII, TO: THE COMMON COUNCIL: DATE November 26, 2012 FROM: DEPARTMENT: Buffalo Police De artment DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example (Item Nom C.C.P. xx /xxlxx) TEXT: (TYPE SINGLE SPACE BELOW) As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non-personnel expenses until such reimbursements are secured by the funding source (County, State, "Fels "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As a matter of process, strictly informational, we will also notify Buffalo's Fiscal Stability Authority. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate Your approval at the December 26, 2012 meeting. NYS MOTOR VEHICLE THEFT/INSURANCE FRAUD PREVENTION GRANT We are asking for authorization for the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period 01 -01 -13 through 12- 31 -13. The funding range that will be allocated for this year's renewal will be between is $110,000 and 117,000 and the expenditures under this grant project will cover reimbursement for a Detective's position as it relates to the incidence of automobile thefts and correlated crimes (including overtime, if applicable), training expenses, and possibly some equipment dependent on the contract the State is in the process of issuing. We are requesting an interfund cash loan for all non - personnel expenditures (training/equipment expenditures pertinent to this initiative) until such reimbursement is secured from the State. The Ioan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City Match involved with this grant. �� #2- Page 2 (Rev. 1193) page # 2 TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW) POLICE REIMBURSEMENTS - Also, for your information, the Buffalo Police Department will be securing reimbursement from the DEA for overtime worked by 2 dedicated Detectives assigned there, along with another assigned to the Upstate Diversionary Task Force (approximately $68,809) working on major drug cases, along with reimbursement from the FBI for any overtime worked by the Detectives assigned to the Joint Terrorism Task Force, the Safe Streets Task Force, and the Cyber Task Force, which to date, will not exceed an additional $68,809. In addition, this year, we will continue to have Detectives assigned to the US Marshal's Violent Felony Warrant ,Squad and will be reimbursed up to a maximum of $32,000 for overtime expenditures; along with reimbursements coming from our Department's participation at US Customs (approximately $20,000); Regional Crime Forensics Lab (maximum of $17,202); High Intensity Drug Traffic Areas (maximum of $17,202); New York State Police "Spider" Operations and Immigration /Border Patrol Operations through Department of Homeland Security (amount varies annually); joint Organized Crime Drug Enforcement Task Force Operations with both the DEA and possibly the FBI (once again, the amount varies annually); and Police Lifesaver Patrols (approximately $10,000). We are asking for permission for the Mayor to accept all of this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non- personnel expenditures as the need arises. We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on the processing grants under our own governmental procedures. We need your immediate approval due to the various timetables and the upcoming Christmas holidays, as we must process some paperwork and set -up some accounts prior to the end of the year, and we cannot proceed until we secure your approval. If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police � SIGNATURE OF DEPARTMENT HEAD: — f Buffalo Police Department — Permission to Accept Various Grants and Approval for Interfund Cash Loans {ltem No. M C.C.P., December 26, 2012) a� Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby authorizes the Mayor to enter grant agreements and to accept funds pursuant to the following grant programs: New York State Department of Criminal Justice Services Motor Vehicle Theft and Insurance Fraud Prevention program, January 1, 2013 . through December 31, 2013; United States Drug Enforcement Agency, for Upstate Diversionary Task Force, High Intensity Drug Traffic Areas and Joint Organized Crime Drug Enforcement Task Force overtime reimbursements; Federal Bureau of Investigation, for Joint Terrorism Task Force, Safe Streets Task Force, Cyber Task Force and Regional Crime Forensics Laboratory overtime reimbursements; United States Marshall's Service, for Violent Felony Warrant Squad overtime reimbursements; United States Customs Service (Department of Immigration and Customs Enforcement) joint activities cost reimbursements; New York State Police, for "Spider "Operations, and Immigration and Border.Patrol operations through the United States Department of Homeland Security; snd Police Lifesaver Patrol overtime reimbursements; and The Council further authorizes the Comptroller to provide interfund cash loans for all non - personnel expenses incurred before reimbursements are secured from the funding sources. K a-7 V��& * AYE * NO * * FONTANA * * FRANCZYK * . * GOLOMBEK * LOCURTO * ' * PRIDGEN * RIVERA * RUSSELL SCANLON SPOM * * * Mltj - 5 2l3 - 6 * (� 3/4- 7 City Clerk's Department BUFFALO Decembert 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 28 PASSED December 26, 2012 Permission to Accept Various Grants Operation Impact IX Gerald A Chwalinski City Clerk A, P a � P 1 0 2; JAN 0 7 2013 MAVC,P {, 000 r #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 26, 2012 FROM: DEPARTMENT: Buffalo Police Department DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example (Item No.xx C.C.P. xxlxx /xx TEXT: E SINGLE SPACE BELO As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through vrious sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non-personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As a matter of process, strictly informational, we will also notify Buffalo's Fiscal Stability Authority. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the December 26, 2012 meeting. OPERATION IMPACT IX - The Buffalo Police Department is respectfully asking for authorization for the City to accept funds, totaling $534,300, from the NYS Division of Criminal Justice Services as part of Operation Impact Year 9 covering the grant period of 711112 through 6130113. Operation Impact is part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and drugs through integrated anti -crime teams. BuffaIo's strategy includes coordination with federal (ATF, FBI, DEA, US Marshal) state (NYS Police) and local law enforcement (Buffalo Police, Erie Co. Sheriff Dept, Central Police Services, NFTA, Housing) as well as Probation, Parole, the US Attorney's Office, and the District Attorney's Office. This year, awards remained especially competitive throughout NY State because of a reduction in State funding overall, and also due the State's request for a local concentration on specific crime focus areas and for Buffalo they are: shootings, burglaries, robberies and domestic violence. The State will reimburse the City of Buffalo directly for the $534,300; there is no match associated with this grant. The funding award will be utilized for reimbursing a Violent Felony Task Force 6 , Detective's Salary /Fringes; a Report Technician's Salary and Fringes; the Salary and Fringes of a P #2-Page 2 (Rev. 1193) page # 2 TEXT CONTINUATION: (TYPE SINGLE SPACE BELOV11) Crime Analyst; Overtime for Tactical/Strategic/Planning Operations and Directed Patrol in City neighborhoods; Domestic Violence Initiative with Crisis Services, overtime for serving orders of protection and sex offender registration, in addition to Overtime for our Community Police Officers to conduct monthly meetings in each District as well as for the use of our Canine Dogs with Probation to conduct home visits to probationers. Funds were allocated toward community service projects (St Brigid /Columba, Police Explorers, OMEGA Youth Mentoring) to work with young people fostering positive activities that deal with the myriad of problems they face with an. emphasis on self love, self - knowledge, self-development and responsible citizenship; also, training and staff development funding and for utility services for the air cards within patrol vehicles for tracs system. We are asking for permission for the Mayor to accept this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non - personnel expenditures as the need arises. We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on the processing grants under our own governmental procedures. We need your immediate approval due to the various timetables and the upcoming Christmas holidays, as we must process some paperwork and set -up some accounts prior to the end of the year, and we cannot proceed until we secure your approval. If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: _ ` Buffalo Police Department -- Permission to Accept Various Grants and Approval for Interfund Cash Loans (Item No. 27 C.C.P., December 26, 2012) a� Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby authorizes the Mayor to enter grant agreements with and to accept and expend funds from the New York State Division. of Criminal Justices Services, for the Operation Impact Year Nine grant program year July 1, 2012 through June 30, 2013, in the sum of $534,300; and further authorizes the Comptroller to provide interfund cash loans for all non - personnel expenses incurred before reimbursements are secured from the funding source. a�` . fat A l *AYE *NO* FONTANA * FRANCZYK * GOLOMSEK * LOCURTO * PRIDGEN * . RIVERA RUSSELL SCANLON * * * * * ar3- G a D 3/4- 7 City Clerk's Department BUFFALO December,34, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 29 PASSED December 26, 2012 Permission to Accept Various Grants - Operation Protect Kids (Cigarette Grant) Gerald A Chwalinski City Clerk A PP V-1 Eiz D I f-0 C. -- JAN 0 7 2013 C-) _._ r; ii _F, 3 IT MAYOR I ° � r:r 000 2 #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO TAE COMMON COUNCIL 1 TO: THE COMMON COUNCIL: DATE: November 26, 2012 FROM: DEPARTMENT: Buffalo Police, Department DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example (Item No.xx C.C.P. xxlxxl! x TEXT: (TYPE SINGLE SPACE BELOW) As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non - personnel expenses until such reimbursements are secured by the funding source (County, State, "Fels "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As a matter of process, strictly informational, we will also notify Buffalo's Fiscal Stability Authority. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the December 26, 2012 meeting. OPERATION PROTECT KIDS (CIGARETTE GRANT) This year, the County has changed the grant to coincide with the State's fiscal year, which will end on March 31, 2013. We will be renewing this grant as awarded to the County of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant. Under this renewal agreement, the County will reimburse the City of Buffalo a minimum of $45.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks have been conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco products to children. Another focus of this project has been to educate local business owners with licenses to sell tobacco products as to the law, and how this law must be enforced. Merchants who have been found violating this law and allowed the operative to purchase tobacco products, are to be subjected to penalties imposed by the Health Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. E #2- Page 2 (Rev. 1193) page # 2 k11 TEXT CONTINUATION: (TYPE SINGLE_ SPACE BELOW) We are asking for permission for the Mayor to accept this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non - personnel expenditures as the need arises. We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on the processing grants under our own governmental procedures. We need your immediate approval due to the various timetables and the upcoming Christmas holidays, as we must process some paperwork and set -up some accounts prior to the end of the year, and we cannot proceed until we secure your approval. If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: Buffalo Police Department — Permission to Accept Various Grants and Approval for Interfund Cash Loans (Item No. 2* C.C.P., December 26, 2012) Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby authorizes the Mayor to enter agreements with and to accept funds from the County of Erie under the County's grant from the New York State Department of Health for the Youth Tobacco Enforcement and Prevention Grant; and further authorizes the Comptroller to provide interfund cash loans for all non - personnel expenses incurred before reimbursements are secured from the funding source. C2 2 * AYE * NO ;k FONTANA * FRANCZYK * . * GOLOMBEK * LOCURTO * ' * PRIDGEN * RTVERA * RUSSELL SCANLON SNIITg * * * Mstj - 5 213 -6 *G *n 314 -7 * `* City Clerk's Department BUFFALO December 1 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 30 PASSED December 26, 201.2 Permission to Accept Various Grants- Operation Stonegarden 2011, 2012 Gerald A Chwalinski City Clerk t JAN 0- 22013 rVI N) MAYO LIQ ®00 0 #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 26, 2012 FROM: DEPARTMENT: Buffalo Police Department DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example (Item No.xx C.C.P. xxlxx /xx TEXT: ('TYPE SINGLE SPACE BELOW) As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non - personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As a matter of process, strictly informational, we will also notify Buffalo's Fiscal Stability Authority. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would . appreciate your approval at the December 26,. 2012 meetinL. OPERATION STONEGARDEN 2011 2012 — We are requesting authorization to participate with the Bureau of Customs and Border Patrol, under the auspices of the County of Erie Sheriff's Department, to enhance border enforcement capabilities through marine and roving patrol operations. We have been advised that Buffalo Police, through a Memorandum of Understanding with the County of Erie, will receive reimbursement for $6,400 in overtime hours and also, $6,500 in equipment for our Underwater Recovery Waterside Team as our 2011 funding allotment. In addition, we have been advised that Buffalo Police's funding share under the 2012 grant is $19,139, which is split: $9,360 for overtime and $9,779 in equipment, again, for our Underwater Recovery Waterside Team. If necessary (as we are waiting to see if the County Attorney's Office will allow Erie County "to front" the equipment funds), we are asking for an inter -fund cash loan in the amount of the $16,279 for the marine equipment, since it is a non - personnel expenditure until such time that reimbursement is secured from the County of Erie through the Department of "Homeland Security. The inter -fund loan would then be repaid from the reimbursement that is sent to the City from the County under this grant initiative.(,; ' #,2- Page 2 (Rev. 1193) \�A page # 2 TEXT CONTINUATION: (TYPE SINGLE SPACE BELOVO We are asking for permission for the Mayor to accept this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non - personnel expenditures as the need arises. We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on the processing grants under our own governmental procedures. We need your immediate approval due to the various timetables and the upcoming Christmas holidays, as we must process some paperwork and set -up some accounts prior to the end of the year, and we cannot proceed until we secure your approval. If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: Buffalo Police Department - Permission to Accept Various Grants and Approval for Interfund Cash Loans (Item No. 2�9 C.C.P., December 26, 2012) , 30 Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby authorizes the Mayor to enter agreements with and to accept funds from the County of Eric, through its Sheriff's Department, of: $6,400 for overtime hour reimbursement and $6,500 equipment reimbursement; and $9,360 for overtime hour reimbursement and $9,779 equipment reimbursement under a 2012 Underwater Recovery Waterside Team agreement; and further authorizes the Comptroller to provide interfund cash loans not to exceed $16,279 for non - personnel expenses incurred before receipt of reimbursements from the funding source. 30 l �' AYE NO FONTANA * FRANCZYK * . * GOLOMMEK * LOCURTO * PRIDGEN RI'VERA RUSSELL SCANLON SMTTH * * * Maj - S o 2 _ 6 ,� q 3/4 . l �' City Clerk's Department BUFFALO December j b 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 31 PASSED December 26, 2012 Permission to Accept Various Grants- State Homeland Security Prog. Funding Gerald A Chwalinski City Clerk D D , r JAN 0 7 2013 003 -- #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 26, 2012 FROM: DEPARTMENT: Buffalo Police Department DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example (Item No.xx C.C.P. xx /xx /xx TEXT: (TYPE SINGLE SPACE BELOV� \k \10 As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non ersonnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each Ioan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As a matter of process, strictly informational, we will also notify Buffalo's Fiscal Stability Authority. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the December 26, 2012 me_ cting STATE HOMELAND SECURITY PROGRAM FUNDING (SHSP) REPLACES URBAN AREA SECURITY INITIATIVE AS FOR 2012 As you know, the City of Buffalo, County of Erie, and Niagara County remain off the list of cities who receive 2012 Urban Area Security Initiative (UASI) funding by the US Department of Homeland Security, along with the upstate municipalities of Rochester, Syracuse and Albany (only UASI funded region in NY was New York City. Like Buffalo, many other Tier II cities were cut last year, nationwide, and still remain off the UASI list for funds). • As such, the Federal Department of Homeland Security continues to award State Homeland Security Program Funds (SHSP) to New York State's Department of Homeland Security and Emergency Services, who then in turn, passes them along to the various counties in New York State. Because of what has happened to upstate with the UASI funding and also, because under UASI we operate as a region, the State has decided that out of the 2012 SHSP funding they are warding to Erie and Niagara Counties this year, Buffalo will receive a consensual share of $300,000. This funding will be utilized for the expansion of the City's crisis management #2- Page 2 (Rev. 1193) page # 2 TEXT CONTINUATION: (TYPE SINGLE SPACE BELO)D initiative which includes the development of quick action plans for first responders (data based development in various key buildings that includes information about staging areas, resources on site, contact names, etc) and also allows for the development of data related to infrastructure diagramming of critical infrastructure (entrances, exists, stairwells, etc.) for event response plans. This funding will also expand response plans through the City's active shooter scenarios (Buffalo Public Schools, Buffalo State), a project that has already begun. This ability to develop event response plans using critical infrastructure and key resource data enables Buffalo Police and Fire to make informed response decisions as they come upon a catastrophic manmade or natural disaster in key structures around the City. We are asking your Honorable Body for permission for the City to accept this award, and also, authorization for an interfund cash loan covering all non - personnel expenditures should the need arise. The loan would then be repaid as the reimbursement is sent from the State under this special initiative. The homeland security grant processes have been very long and bureaucratic with the State and the "Fels" and the processing of this grant information has been difficult due to the complexity of the different entities involved. Also, another factor is the City now has three (3) UASI grants running simultaneously, and now (2) SHSP initiatives. The SHSP initiatives are totally different grants, involving other mandates and courses of action due to consequences that have resulted from Federal government cuts that have affected the State and surrounding municipalities. For your information, we have also been told by our Federal Homeland Security Representatives that UASI Funding for 2013 is being heavily cut, and Buffalo will probably once again, remain off the list for UASI 2013 funding. We continue to apply pressure to our Federal leadership because it was upstate communities like Buffalo that did respond to New York City during the calamitous events of Hurricane Sandy. We are asking for permission for the Mayor to accept this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non - personnel expenditures as the need arises. We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on the processing grants under our own governmental procedures. We need your immediate approval due to the various timetables and the upcoming Christmas holidays, as we must process some paperwork and set -up some accounts prior to the end of the year, and we cannot proceed until we secure your approval. If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Daniel Derenda `lam TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: Buffalo Police Department — Permission to Accept Various Grants and Approval for Interfund Cash Loans (Item No. 3ftC.C.P., December 26, 2012) , 3) Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby authorizes the Mayor to enter agreements with and to accept funds from the State of New York Division of Homeland Security and Emergency Services in the sum of $300,000 pursuant to the 2012 State Homeland Security Funds program; and further authorizes the Comptroller to provide interfund cash loans not to exceed $16,279 for non - personnel expenses incurred before receipt of reimbursements from the funding source. 31 It *AYE * NO* FONTANA * * FRANCZYK *. * GOLOMBEK * LOCURTD * PRIDGEN * RIVERA RUSSELL SCANLON SMITH * * * Maj - 5 213 -6 *q *� 314- 7 City Clerk's Department BUFFALO December,3 t; 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO ■ ' ' Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 32 PASSED December 26, 2012 Permission to Accept Various Grants- 2012 Target Grant Gerald A Chwalinski City Clerk All �JAN 012013 MA �= a r �Y 2 try 00039? #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL �l t TO: THE COMMON COUNCIL: DATE: November 26, 2012 FROM: DEPARTMENT Buffalo Police Department DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example (Item No.xx C.C.P. xx/xx /xx) TEXT: ('TYPE SINGLE SPACE BELOWI As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non - personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As a matter of process, strictly informational, we will also notify Buffalo's Fiscal Stability Authority. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the December 26, 2012 meeting . 2012 TARGET GRANT — Buffalo Police was recently notified that we have received an award of $1,500 for our competitive application to Target's Public Safety Grants. This funding will be utilized for equipment for the Buffalo Police Canine Unit. We are asking for permission for the Mayor to accept this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non- personnel expenditures as the need arises. We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on the processing grants. under our own governmental procedures. We need your immediate approval due to the various timetables and the upcoming Christmas holidays, as we must process some paperwork and set -up some accounts prior to the end of the year, and we cannot proceed until we secure your approval. n � #2- Page 2 (Rev. 1193) page # 2 TEXT CONTINUATION: TYPE SINGLE SPACE BELO If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: h 1 Buffalo Police Department — Permission to Accept Various Grants (Item No. December 26, 2012) Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby authorizes the Mayor to enter agreements with and to accept funds from Target Corporation, Minneapolis, Minnesota, in the sum of $1,500 for purchase of equipment for the Buffalo Police Canine Unit. 1501 * AYE * NO * FONTANA * * FRANCZYK * . * GOLOMBEK * LOCURTO * PRWGEN * RIYERA RUSSELL SCANLON * SMITH Msj -5 213 -G 3/4- 7 City Clerk's Department BUFFALO December -@ 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. 1..MI -Al PASSED December 26, 2012 Permission to Accept Various Grants 2012 Criminal Justice Innovation Program Gerald A Chwalinski City Cleric t JAN- 0 -7 2013 YOR W �c� 00033 #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 26 2012 FROM: DEPARTMENT Buffalo Police Department DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example (Item No.xx C.C.P. xxlxxb TEXT: (TYPE SINGLE SPACE BELOV� As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non-personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As a matter of process, strictly informational, we will also notify Buffalo's Fiscal Stability Authority. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we speed out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the December 26, 2012 m eeting U.S. DEPARTMENT OF JUSTICE'S 2012 BYRNE CRIMINAL JUSTICE INNOVATION PROGRAM - BUFFALO PROMISED NEIGHBORHOODS - Recently, the US Department of Justice awarded the Westminster Foundation $962,765 in grant funding, over a three -year period (October 1, 2012 through September 30, 2015), to improve the safety and well -being of children and families in a specific target area in the 14215 zip code known as Buffalo's Promise Neighborhood. Per the grant application, the serve area is bound by Main Street to the West, Winspear Avenue to the North, East Amherst Street and Kensington Avenue to the South and Eggert Road to the East. The Buffalo Police Department is a community service partner and as such, the Buffalo Police Department will receive funding for overtime, totaling' $218,400 ($109,200 in each of the Funding Years 2 and 3) enabling additional police patrols in designated hot spot areas within the designated Promise Neighborhood community. In addition, funding includes $280,000 ($140,000, again, over each of the Funding Years 2 and 3) for surveillance cameras to be added to the Police Department's wireless video surveillance system. The cameras will be situated in hot spot areas of the Buffalo Promise Neighborhood service area, as dictated by real time crime analysis and data, crime patterns, violent hotspots, police and community input, etc. J ##2- Page 2 (Rev. 1193) page # 2 TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW As part of this multi -year initiative, Buffalo Police is asking for permission for the City to accept the funds as a grant partner, which would be, as is our understanding through a Memorandum of Understanding with the Westminster Foundation, and also, authorization for an interfund cash loan covering all non- personnel expenditures should the need arise. The loan would then be repaid as the reimbursement is sent from the Foundation under this special initiative. We are asking for permission for the Mayor to accept this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non - personnel expenditures as the need arises. We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on the processing grants under our own governmental procedures. We need your immediate approval due to the various timetables and the upcoming Christmas holidays, as we must process some paperwork and set -up some accounts prior to the end of the year, and we cannot proceed until we secure your approval. If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police / SIGNATURE OF DEPARTMENT HEAD: Buffalo Police Department — Permission to Accept Various Grants and Approval for Interfund Cash Loans (Item No. 3-27C.C.P., December 26, 2012) 33 Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby authorizes the Mayor to enter agreements with and to accept funds from the Westminster Foundation $498,000 from program years 2 and 3 of the Foundation's Buffalo Promise Neighborhood Grant from the United States Department of Justice. $109,200 shall be used in each program year to provide additional police patrols within the Promise Neighborhood boundaries, and $140,000 shall be used in each program year for placement of additional police surveillance cameras within the Promise Neighborhood boundaries; and the Common Council further authorizes the Comptroller to provide interfund cash loans for non - personnel expenses incurred before receipt of reimbursements from the funding source. PASSED 33 _ s * AYE * NO * FONTANA * FRANCZYK *. * - GOLOM EK * * LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON * SPA= * * * * Maj - 5 * * n 2/3- 6 * (J 3/4- 7 City Clerk's Department BUFFALO December 1. 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter I present herewith the attached resolution item. No. 34 PASSED December 2{, 2012 Request Permission to Accept Donation From McDonalds for A. District Gerald A Chwalinski City Clerk j P ED 0 R& JAN 0 -7 2013_, -v MAYOR ._� �5 0 0 03 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCILa TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: Buffalo Police De artment DIVISION: Budget Management /Grants Sections SUBJECT: [ Donation from McDonalds for Buffalo Police's "A" District ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example Item No. xxx C.C.P. xx /xx /xx TEXT: (TYPE SINGLE SPACE BELOW) On June 13, 2012, 2012, Community Police Officers from the "A" District coordinated a "Community Event" that was held at the McDonalds on McKinley Parkway. The event was such a great success for their sponsored "summer kick -off, that McDonald's has sent a $500.00 check in appreciation to do with what the Police Officers at the "A" District see as appropriate for the betterment of the District and the Stationhouse. Some of the things discussed for the use of this money was that the "A" District would put some of this funding toward "hand bills" for use as crime prevention materials to be passed out in the community; some photos and frames from sites within the District, and possibly some cleaning tools. A strict accounting of this money will be overseen by the Buffalo Police Department's Budget Management/Grants Office and in conjunction with a Lieutenant from the A" District and the administrative Community Police Officer for any purchases that will be made by the "A" District. We are respectfully requesting that your Honorable Body approve the acceptance of this donation from McDonalds on behalf of the "A" District. If you require additional information, please do not hesitate to contact John Stanchak, Budget Examiner (851 -5903) or the Chief of the "A" District, Patrick Pascall at (851- 4415). DD:mo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: Buffalo Police Department — Permission to Accept Various Grants and Approval for Interfund Cash Loans (Item.No. 31 C.C.P., December 26, 2012) Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and. That the Common Council hereby authorizes the Mayor to accept a gift in the sum of $500.00 from SYDIL, Inc., doing business as McDonald's, at 1028 McKinley Parkway, Buffalo, New York, for betterment and improvement of the police District A stationhouse and neighborhood, as set out in the letter of gift by Perla Gonzalez dated July 3, 2012. [PASSED, 3y t * AYE * NO * * FONrANA * FRANCZYK GOLOABEK LOCURTO * PRIDGEN RI VERA RUSSELL SCANLON SNIITH * * * * M;tj - 5 X13 - 6 * * Q .3/4- 7 FROM THE COMMISSIONER OF FIRE December 26, 2012 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 35 PASSED December 26, 2012 Approval of Revocable Permit for City's Placement of Communications Systems Facilities at the Kimbell Tower Rooftop- SUNYAB (Univ) Gerald A Chwalinski City Clerk A P P OF I JAN q: ,7 2013 00035 TO: THE COMMON COUNCIL DATE: December 18, 2012 FROM: DEPARTMENT OF FIRE SUBJECT: Approval of Revocable Permit for City's Placement of Communications Systems Facilities at the Kimball Tower Rooftop on the SUNYAB Main Street Campus — University District I am writing to request that Your Honorable Body approve a Revocable Permit agreement between the City and the State university of New York (on behalf of State University at Buffalo) to facilitate the City's communications system upgrades generally and to specifically permit the placement, operation and maintenance of certain communications components of the City's Public Safety Communications System at Kimball Tower. The Revocable Permit will run for up to ten (10) years. The form of Revocable Permit is attached for your ease of reference. The City is in the process of upgrading and modifying its Public Safety Communications System. The Kimball Tower site at the UB Main Street Campus provides ideal location and building height. The City's ongoing communications system modifications and upgrades (some of which are required by the Federal Communications Commission) are facilitated by this opportunity. Accordingly, I am requesting that Your Honorable Body: 1. Approve a Revocable Permit agreement substantially in the form as is attached to this communication, 2. Authorize the Corporation Counsel to finalize the Revocable Permit, 3. Authorize pertinent City personnel to take all such steps and actions and to execute such agreements and or documents as shall be reasonably necessary to achieve the objectives of the City's communications system upgrade and placement of communications system facilities and components at Kimball Tower on the UB Main Street Campus, and 4. Authorize the Commissioner of Fire and or the Mayor to execute the Revocable Permit in its final form. DEPARTMENT OF FIRE By: L-,,a Garnell W. Whitfield, Co ssion r 34 P I REVOCABLE PERMIT, made this day of 2012, by and between the STATE UNIVERSITY OF NEW YORK, an educational corporation organized under the laws of the State of New York and having its principal place of business located at State University Plaza, PO Box I946, Albany, New York I2202 -1946, hereinafter referred to as "SUNY ", for and on behalf of the STATE UNIVERSITY AT BUFFALO, hereinafter referred to as "University Center ", and the CITY OF BUFFALO, situated at 65 Niagara Square, Buffalo, New York 14202, hereinafter referred to as "Permittee ". WITNESSETH: WHEREAS, Permittee wishes to install antennas and receivers as part of the Buffalo Police and Fire Department communications systems for the City of Buffalo and, WHEREAS, Permittee has requested space on the roof of Kimball Tower to install its equipment; and WHEREAS, SUNY currently has space available for the use of Permittee for such purpose. NOW, THEREFORE, be it known that a revocable permit is hereby granted to the Permittee, subject to the terms and conditions as hereinafter provided, to use the facilities designated herein: 1. A revocable permit is hereby granted by SUNY to Permittee to use the designated area on the roof of the Kimball Tower Building at Main and Bailey, Buffalo, New York as shown on the sketch marked Exhibit B, attached hereto. 2. SUNY shall supply utility AC Power for said premises; however, Permittee shall be required to reimburse the University Center for the cost of such utilities if University Center determines that power consumption exceeds 13.1 amps. 3. Permittee shall be responsible for providing all necessary filtering as required by the University Center to eliminate interference with existing or future University Center equipment. 4. Pennittee shall provide adequate lightning and grounding protection for the equipment, Kimball Tower and the inhabitants of Kimball Tower Hall. Said protection shall include, but not be limited to, the following: a) grounding of all antennae and antenna structures to the site's common lightning ground system. b) all utilities such as telephones, electric power, communication cables, etc., shall be protected and bypassed as required by code for protection from lightning and radio interference c) providing equipment with a permanent regular safety electrical ground which cannot be disconnected by the removal of a plug. Said ground shall be installed by running an approved bonding wire from the equipment rack frame to the common ground system. d) providing protector devices for all signal lines and power lines entering or leaving the equipment or roof which shall include: arresters and protectors on the AC power lines, emergency power lines, RTL, and telephone lines. These devices will be of an appropriate rating (voltage, power, and curve) to protect the site, and its inhabitants from the possibility of dangerous potentials introduced via Permittee's equipment, whether or not caused by lightning. Specifications for protection devices shall be selected by mutual agreement of the parties and shall be in writing and signed by the parties prior to installation. 5. All construction, installation, and equipment shall meet or exceed applicable specifications, regulations, and codes, including but not limited to the FCC; FAA, National Electric Code, the National Board of Fire Underwriters, and the E.P.A. 6. Permitee shall take good care of the property set forth in Paragraph 1, above, and shall maintain same in clean, sanitary, and orderly condition. The University Center shall have access to said facilities and University equipment contained therein at all times. Any structural alteration or improvement of the premises or fixtures that may be paid for by Permittee shall be made by mutual prior written consent of the parties and shall become the property of SUNY unless otherwise specified in writing and signed by the parties hereto. a) Notwithstanding the provisions contained in Paragraph 6 above, it is understood and agreed that the radio equipment (radio receivers) and antennas to be installed by Permittee, and all equipment used on connection therewith, shall be deemed personal property and owned exclusively by Permittee and removable by Permittee upon the termination of this agreement. 7. Permittec shall be responsible for all rehabs in connection with its cable and conduit runs, and said rehabs shall be sufficient for future cable installation without damage to existing cables. 8. Permittee shall indemnify and hold harmless SUNY and the State of New York from k� I 2 and against any damage, fine judgment, expense, or charge suffered, imposed assessed or incurred as the result of property damage, personal injury, or death resulting from the use of University Center facilities or equipment by Permittee its servants, employees, or agents. 9. The permission hereby granted shall be revocable and subject to the right of SUNY to terminate at any time upon (60) days prior written notice, and upon revocation of permission hereby granted and notice thereof serviced by mail, Permittee shall and will promptly discontinue the use of said facilities, removing all equipment owned by Permittee and, at its own expense, repairing any damages resulting from the removal of said equipment. I O.The Permittee specifically agrees that this permit does not create the relationship of landlord and tenant between SUNY and the Permittee regarding the use of the State- controlled property to which the Permit relates. 11. All construction and development plans for this installation shall be subject to review and written approval of the University Facilities Office and the Public Safety Department prior to any construction. 12. All cost for site development, construction access road, etc., shall be incurred by Permittee. 13. In no event shall the activities of Permittee as described on this permit be conducted in such a manner as to interfere in any way with the communications or laboratory equipment of the University Center. In the event of such interference, SUNY may terminate this permit immediately upon written notice. 14. The installation of Permittee's equipment and any work which may subsequently become necessary with respect thereto shall be performed only at such times as may be acceptable to SUNY. In the event, however, that repairs to such equipment shall be necessary by reason of an emergency, Permittee may complete such emergency repairs without obtaining such consent. 15. Permittee shall promptly turn off their equipment when directed to so by the University Center to allow the University to safely perform routine maintenance, repairs, construction and other activities on the roof and in the penthouse. 16. All notices to either party must be in writing, signed by the party giving it, and shall be served either personally or by registered mail addressed as follows: TO UNIVERSITY CENTER: Assistant Director of Facilities Planning and Design 119 John Beane Center Buffalo, New York 14260 And: Director of Contracts Procurement Services 224 Crofts Hall Buffalo, New York 14260 and copy to: Associate Director Space Planning and Management Capital Planning Group 116 Fargo Quad, North Campus Buffalo New York 14260 ... ....... .. ....... ... TO CITY OF BUFFALO: .. Buffalo lire Depart.in.ent Attention: Garnel l %V. Whitfield, Commissioner of Fire; 195 Court Street Buffalo, New York 11202 With a copy to Corporation Counsel 1100 City Hall 65 Niagara Square Buffalo, New York Or such other addressee as may hereafter designated by notice. All notices become effective only when received by the addressee. 17. Except as provided elsewhere in this agreement, the terms of this agreement shall be for a period of ten (10) years commencing January 1, 2013, to an including December 31, 2023, and may be renewable by mutual written consent of the parties. .. 18. This agreement shall have no force or effect unless or until approved by the Comptroller of the State of New York. 19. This permit shall be interpreted according to the laws of the State of New York. Permittee shall comply with all laws, rules, orders, regulations, and requirements of federal, state, and municipal governments applicable thereto, including the provisions contained in the rider attached hereto and made a part hereof as 6 s CONTRACT# 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." STATE UNIVERSITY OF NEW YORK BY Approved as to form: Date Agency 28030 CITY OF BUFFALO BY Approved and filed: Date APPROVED AS TO FORM ONLY Corporallon Counsel ax' �y � STATE OF NEW YORK } COUNTY OF: }SS: On this day of , 201, before me personally came to me known and know to me to be the person described in and who executed the foregoing instrument and he /she acknowledge to me that he /she executed the same. Notary Public (ACKNOWLEDGMENT BY UNICORPORATED ASSOCIATION) STATE OF NEW YORK } COUNTY OF }SS: On this day of , 201, before me personally came , to me known, who being duly swom, did dispose and say that he /she reside in ; that he/she is the of the the corporation described in and which executed the foregoing instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, that it was so affixed by the order of the Board of Directors of said corporation, and that he /she signed his/her name thereto by like order. Notary Public (ACKNOWLEDGEMENT BY CORPORATION) STATE OF NEW YORK } COUNTY OF ERIE } On this day of 201_, before me personally came to me know, who being duly sworn, did dispose and say that he/she resides in ; that he /she is the of , the corporation described in and which executed the foregoing instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, that it was so affixed by the order of the Board of Directors of said corporation, and that he /she signed his/her name thereto by like order. Notary Public pl EXHIBIT G1 January 6, 2012 The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "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, licensor, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. PROHIBITION AGAINST ASSIGNMENT Except for the assignment of its right to receive payments subject to Article 5 -A of the State Finance Law, the Contractor selected to perform the services herein are prohibited in accordance With Section 138 of the State Finance Law from assigning, transferring, conveying, subletting or otherwise disposing of its rights, title or interest in the contract without the prior written consent of SUNY and attempts to do so are null and void. Notwithstanding the foregoing, SUNY may, with the concurrence of the New York Office of State Comptroller, waive prior written consent of the assignment, transfer, conveyance, sublease or other disposition of a contract let pursuant to Article XI of the State Finance Law if the assignment, transfer, conveyance, sublease or other disposition is due to a reorganization, merger or consolidation of Contractors its business entity or enterprise and Contractor so certifies to SUNY. SUNY retains the right, as provided in Section 138 of the State Finance Law, to accept or reject an assignment, transfer, conveyance, sublease or other disposition of the contract, and to require that any Contractor demonstrate its responsibility to do business with SUNY. 3. COMPTROLLER'S APPROVAL. (a) In accordance with Section 112 of the State Finance Law, Section 355 of New York State Education Law, and 8 NYCRR 316, Comptrollers approval is not required for the following contracts: (i) materials; (ii) equipment and supplies, including computer equipment; (iii) motor vehicles; (fv) construction; (v) construction- related services; NO printing; and (vii) goods for State University health care facilities, including contracts for goods made with joint or group purchasing arrangements. (b) Comptrollers approval is required for the following contracts: (i) contracts for services not listed in Paragraph (3)(a) above made by a State University campus or health care facility certified by the Vice Chancellor and Chief Financial Officer, if the contract value exceeds $250,000; (ti) contracts for services not listed in Paragraph (3)(a) above made by a State University campus not certified by the Vice Chancellor and Chief Financial Officer, if the contract value exceeds $50,000; (iii) contracts for services not listed in Paragraph (3)(a) above made by health care facilities not certified by the Vice Chancellor and Chief Financial Officer, if the contract value exceeds $75,000; (iv) contracts whereby the State University agrees to give something other than money, when the value or reasonably estimated value of such consideration exceeds $10,000; (v) contracts for real property transactions if the contract value exceeds $50,000; (A) all other contracts not listed in Paragraph 3(a) above, if the contract value exceeds $50,000, e.g. SUNY acquisition of a business and New York State Finance Article 11- B contracts and (vii) amendments for any amount to contracts not listed in Paragraph (3)(a) above, when as so amended, the contract exceeds the threshold amounts stated in Paragraph (b) herein; (c) Any contract that requires Comptroller approval shall not be valid, effective or binding upon the State University until it has been approved by the Comptroller and filed in the Comptrollers office. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON - DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220 -e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, safe or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article a of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractors 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. Additionafly, 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 SUNY of any SONY- approved sums due and owing for work done upon the project. 7. NOWCOLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based on the submission of competitive bids, Contractor affirms, under penalty of perjury, and each person signing on behalf of Contractor, and In the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief 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 it to SUNY a non - collusive bidding certification on Contractors behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220 -f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App, Sections 2401 of 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 (2 NYCRR 905.4). 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 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, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records "). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an exami- nation, as SUNY and its representatives and entities 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. SUNY 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 SUNY official, In writing, that said Records should not be disclosed; and (ii) said Records shall be sufficiently identified; and (ill) designation of said Records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, SUNY's or the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. Identification Number(s). Every invoice or New York State Claim for Payment submitted to the State University of New York by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, 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 University of New York 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 MI 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 State University of New York 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 the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236, 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. (a) In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (t) 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, 10 be performed for, or rendered or furnished to the contracting agency; or (11) 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 re- pair 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: (1) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment 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; (2) at SUNY's request, 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 (3) 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. (b) Contractor will include the provisions of "1 ", 7" and "3", 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: (t) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a Contractor or sub - contractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. SUNY 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, SUNY 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. 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 Exhibit A, the terms of this Exhibit 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 Slate Finance Law to the extent required by taw, 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods. of service allowed by the State Civil Practice Law & Rules ( "CPLR "), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall 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 award 4 1 be in accordance with, but not limited to, the specifications and provisions of State Finance Law §465 (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 subcontactor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with sped@catWts and provisions regarding use of tropical hardwoods as detailed in Section 165 of the State Finance Law. Any such use must meet with the approval of the State, otherwise, the bid may not be considered responsive. Under bidder certification, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State, 19. MacBRIDF. FAIR EMPLOYMENT PRIN- CIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992) , the Contractor hereby stipulates that Contractor and any individual or legal entity in which the Contractor holds a ton percent or greater ownership interest and any individual or legal entity that holds a ten percent or greater ownership interest in the Contractor either (a) have 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 465(5) of the State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pead St., 71h Floor Albany, NY 12245 Tel: 518 - 292 -5220 Fax: 518. 292 -5884 htto:! /www.emoire.staie.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., 7th Floor Albany, NY 12245 Tel: 51 8- 292 -5250 Fax: 518- 292 -5803 http;ILwww.emcire.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 SUNY; (b) The Contractor has complied with the Federal Equal Employment 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 Search Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that SUNY may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with SUNY 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 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 of 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. Contact the NYS Department of Economic Development, Division for Small Business, 30 South Pearl Street, Albany, New York 12245, for a current list of jurisdictions subject to this provision. 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY 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, the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to SUNY, the Department of Civil Service and the Stale Comptroller. 24. PURCHASES OF APPAREL AND SPORTS EQUIPMENT. In accordance with State Finance Law Section 165(7), SUNY may determine that a bidder on a contract for the purchase of apparel or sports equipment is not a responsible bidder as defined in State Finance Law Section 163 based on (a) the labor standards applicable to the manufacture of the apparel or sports equipment, including employee compensation, working conditions, employee rights to form unions and the use of child labor; or (b) bidders failure to provide information sufficient for SUNY to determine the labor conditions applicable to the manufacture of the apparel or sports equipment. 25. PROCUREMENT LOBBYING. To the extent this agreement is a 'procurement contract' as defined by State Finance Law Sections 139-i and 139 -k, by signing this 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. 26. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5 -a, if the Contractor fails to make the certification required by Tax Law Section 5 -a or if during the term of the contract, the Department of Taxation and Finance or SUNY 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 SUNY determines that such action is in the best interests of the State. 27. Notwithstanding any other provision in this contract, the hospital or other health service facility remains responsible for insuring that any service provided pursuant to this contract complies with all pertinent provisions of Federal, state and local statutes, rules and regulations. In the foregoing sentence, the word "service" shall be construed to refer to the health care service rendered by the hospital or other health service facility. 28. (a) In accordance with the 1980 Omnibus Reconciliation Act (Public Law 90.499), Contractor hereby agrees that until the expiration of four years after the furnishing of services under this agreement, Contractor shall make available upon written request to the Secretary of Health and Human Services, or upon request, to the Comptroller General of the United States or any of their duly authorized representatives, copies of this contract, books, documents and records of the Contractor that are necessary to certify the nature and extent of the costs hereunder. (b) If Contractor carries out any of the duties of the contract hereunder, through a subcontract having a value or cost of $10,000 or more over a twelve -month period, such subcontract shall contain a clause to the effect that, until the expiration of four years after the furnishing of such services pursuant to such subcontract, the subcontractor shall make available upon written request to the Secretary of Health and Human Services or upon request to the Comptroller General of the United States, or any of their duly authorized representatives, copies of the subcontract and books, documents and records of the subcontractor that are necessary to verify the nature and extent of the costs of such subcontract. (c) The provisions of this section shall apply only to such contracts as are within the definition established by the Health Care Financing Administration, as may be amended or modified from time to time. ) a ! EXHIBIT IV 1 ' Approval of Revocable Permit for City's Replacement of Communications Systems Facilities at the Kimball Tower Rooftop (Univ)(Fire) Mr. Smith moved: That the above be, and the above communication from the Commissioner of the Fire Department, dated December 18, 2012, be received and filed; and That the Common Council hereby approves a Revocable Permit agreement that was submitted with the above - referenced December 18, 2012 communication from the Commissioner of Fire; that the Common Council hereby authorizes the Corporation Counsel to finalize the Revocable Permit; and That the Common Council hereby authorizes pertinent City personnel to take all such steps and actions and to execute such agreements and/or documents as shall be reasonably necessary to achieve the objectives of the City's communications systems upgrade and placement of communications system facilities and components at Kimball Tower on the University at Buffalo Main Street Campus; and That the Common Council hereby authorizes the Commissioner of Fire and /or the'Mayor to execute the Revocable Permit in its final form. Passed. C:IUsersVrucinski\AppData\ Local \Microsoft\WindowslTemporary Internet Files/ Content .Outlook10x32QVW61Approval of Revocable Permit.docx 1 � b * AYE * NO * FONTANA * F.RANCM * . * GOLOMSEK * * LOCURTO * PRIDGEN - RIVERA RUSSELL SCANLON SAUM * * * * 2/3- 6 3/4- 7 o -\ FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES December 26, 2012 0 00 30 i To: The Common Council: Date: December 6, 2012 From: Department Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 3172 Bailey (University) Tyne in Upper and [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. Item No. xxx, C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 3172 Bailey (Buffalo Sunrise Express Market Inc. /Saleh M Nagi) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, and Building Inspections I find it complies with all regulations and other applicable laws. A collection report performed by the Collection Office on the applicant has revealed no current debt owed to the City of Buffalo. This request is submitted for your approval or whatever action you deem appropriate. *Note: Police Department recommends disapproval of application. See attachment for disapproval reason. Tune Department Head Name: JAMES COMERFORD Tyne Title: CON4SSIONER Si ng ature of Department Head: JC:PS:rf REFERRED 70 THE COMMITTEE N LEGISLATION. �J CITY OF BUFFALO e OFFICE OF LICENSES ;. 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: ZONING REVIEW REFERRED TO: FRANK DIGENNARO APPLICATION FOR: BUFFALO SUNRISE EXPRESS MARKET INC. LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** --- - - - - -- __ - ------ - - - - -- - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: 2a 12 DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: FOOD STORE 3172 BAILEY UNIVERSITY COUNCIL DISTRICT SALEH M NAGI (716)235 -6468 FST12- 10024886 there's only been restaurant takeouts at this location. last one was out of business in 31512012. This is a building with multiple storefronts. One storefront has a restaurant takeout. This one is for the foodstore. RM# 3 b EXT 5"5 PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO - g OFFICE OF LICENSES 301 CITY MALL BUFFALO, NY 14202 B INSPECTION TYPE: FIRE REFERRED TO: LT. LAWRENCE HAKES APPLICATION FOR: BUFFALO SUNRISE EXPRESS MARKET INC. LICENSE TYPE.. BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FOOD STORE 3172 BAILEY UNIVERSITY COUNCIL DISTRICT SALEH M NAGI (716)235 -6468 FST12- 10024886 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) � A PROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW *'* f -, REMARKS: INSPECTOR: RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: MFERRED TO: APPLICATION FOR: LICENSE "TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: BUILDING VINCE PERRARACCIO BUFFALO SUNRISE EXPRESS MARKET INC. FOOD STORE 3172 BAILEY UNIVERSI`T'Y COUNCIL DISTRICT SALEH M NAGI (716)235 -6468 FST12- 10024886 8/1/2012 12:00:00AM -------- - - - - -- - ---------- --- - -- --------------------------------------- - - - - -- - - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: � DATE: [ - DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RM# EXT y AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. BUFFALO, NY 14202 APPROVED: DATE: DISAPPROVED: DATE: `1 —(2— � so k ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW ' ° G ti REMARKS: COIVIlVIISIONER OF PO LICE:sr L AFTER INSPECTION PLEASE COMPLETE AND RETURN T.I�IS REFERRAL TO THE OFFICE OF LICENSES. THANK REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 COLLECTIONS JOE LOTEMPIO BUFFALO SUNRISE EXPRESS MARKET INC. FOODSTORE 3172 BAILEY UNIVERSITY COUNCIL DISTRICT SALEH M NAGI (716)235 -6468 FST12- 10024886 1 ------------------------------------------------------------ - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: j"�'�� DISAPPROVED: DATE: DISAPPROVAL DATE: CITY OF BUFFALO ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: JlJG� �G`i INSPECTOR: �i�°� RM #� EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. } CITY OF BUFFALO - LICENSE APPLICATION Type of Entity: ❑ Sole Proprietor ® Corporation fee ❑ Restaurant 1 -200 seats $174.00 ❑ 201 -400 seats $250.00 [1400+ seats $350.00 (on premise consumption of food and/or beverage) ❑ Certificate of Inspection $56.00 (Public Assembly) Restaurant 50+ seats ❑ Coin Control Amusement # games — per game $47.25 ❑ Arcade # games _ per game $47.25 ❑ Music mechanical $52.50 ❑ Music live, no dancing $52.50 ❑ News Stand $63.00 Corporation Name Business Name (dba) ❑ Limited Liability Company fee ❑ Restaurant Take Out $ 88.00 ® Food Store $115.00 See additional questions. ❑ Meat Fish Poultry $150.00 ❑ Caterer $ 88.00 ❑ Bakery ❑ 0 -2 employees $ 63.00 ❑ 3 -10 employees $105.00 ❑ 11 -15 employees $157.00 ❑ 26 -50 employees $315.00 ❑ 51 -200 employees $525.00 ❑ Partnership fee ❑ Restaurant Dance ❑ Floor Show $367.50 ❑ Live Music $210.00 ❑ Mechanical $131.25 ❑ Public Dance (based on sq ft) ❑ GoGo Dancing $131.25 ❑ Skating Rink $210.00 ❑ Bowling Alley per lane $31.50 # lanes ❑ Billiard Parlor per table $31.50 # tables 1� Buffalo Sunrise Ex p ress Market Inc. Business Phone (716} 235 6468 Business Address (no PO sox) Business Fax ( ) - 3172 Bailey Avenue, B uffalo, NY 14215 Mailing Address (if different) NYS Tax ID pending Business Website E-Mail Owner(s)/ Principal Partners Home Phone (716)235-6468 Applicant (last, first) Naga , Saleh - Home Address: (PO Bois not acceptable) Date of birth — ohmolk Place of Birth Co- Applicant (last, First) Home Phone Home Address: (Po Box not acceptable) Place of Birth Date of birth Describe your specific business activity in detail. Subscribed and sworn to before me I am aware of the obligation to provide timely notice of any change in required this may of Ap r i l 20 information, and I have informed all owners, managers, or other principals of their r r criminal and/or civic responsibility for the timely fulfillment of restrictions and - e conditions to the license or timely abatement of any nuisance activity at or associated a+i le- Atewa� with the business. initial As an authorized agent of the entity identified above, I certify the information on this forte is true, correct, complete and current to the best of my knowledge and belief. For office use only Print Name Sale M Magi Application No i� d _' Date issued: Signatur Date MARY A. FUNT1ER Notary ptjuic, Static of New York dualified in Erie Coimty My Commission Expires 09/27/20 0003'7 #1 (Rev. 1/93) Single Pau e Communication to the Common Council To: The Common. Council: Date: December 17, 2012 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Lodging House License [: 340 Elmwood Ave (Niagara) Type in Upper and [: I Lower Case Only ! [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx} Text (Type Single Space Below) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 1323 Seneca, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, and Building Inspections, Health Department. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Adrian Jessome. The attached thereto for Adrian Jessome d /bla 340 Elmwood Ave LLC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE CoM ITTTEE ON LEGISLATION Type Department Head Name: JAMES COMERFORD Title: Signature of Department Head: JC:PS:jd y�e Interdepartmental Memo Date: December 17, 2012 To: James Comerford, Interim Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Lodging House at 340 Elmwood. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a bodging House License application to the Common Council: Fjre Prevention Ll , Llding Inspection Police Department Lodging House Agent Health Department Application Director of Permits & Inspection Service Date % f f' CITY OF - BUSINESS APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851 -4078 Fax (716) 851 -4952 All information on this form is public record LODGING HOUSE LICENSE APPLICATION Lodging House Address �� , Buffalo NY !� Number, Street zrp Number of Rooming Units Total Number of Beds Total Number of Bed; Applied for N."­mber of Rooms Number of persons occuTIV11 g each Rooming Unit Name of Owner ft L) C 5S o M � -- :dom Phone # � 1 ( o �l � _+ C:G IG Owncr Address 9( $ �U�"�Tb� u � N =irL0/"U Number, Street City, town or Village State ZIP Owner Date of Binh _ Place of Birth ') f Q G o 'v"i S Tay. ID # - — - - - — — Business Website — E -Mail q t2 , M ADDI TIONAL R � i< NT As per Chapter 269 -2(B) of the City Ordinances, no lic ense will be issued unless the owner OR the agent of the property resides on I he premises of the lodging house. Check one: ❑ 1, the owner, reside on the premises of the above lodging house address. ❑ is the Lodging House Agent residing at the lodging house. Fees 0 -15 beds ......$71.00 16 -25 beds .... $118.00 over 25 beds ... $118.00 a- $2.50 for each additional bed Subscribed worn to before me this y of 20 Cdp_U issidner of Deeds I am aware of the obligation to provide timely notice of any charge in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fuifillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business.. I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief: Signature of Applicant ac)e^ ' � l e S d N1p Print Name A 5 d r Date 1 !`°' i INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: DISAPPROVAL REASON: CITY OF BUFFALO 1 � OFFICE OF LICENSES l� 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF 340 ELMWOOD AVE LLC LODGING HOUSE 340 ELMWOOD ELMWOOD VILLAGE DISTRICT ADRIAN A JESSOME (716)997 -0616 LHM12- 10025259 - - - - - - -- - - -- - -------------------------------- - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: /6 I �- DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: UJI, APPROVED: DATE: 1�1�VIfL DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. TO 'BE MAILED TO: Buffalo Police Npartment Identification Section 74 Franklin Street Buffalo, New York 14242 LIN There is a $10.00 fee to process this data. By mail, payment.MUST be made by money order DO NOT send oa-� through the mail. In person, payment can be made by money order or cash. Chedkts are not-accepted. Make mane orders payable to the Buffalo Police Dep miment. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all th( information T.isted below and have your identification and signature vonfiied by a Notary Public (or) Commissioner o: Deeds, as listed on-the bottom of ; this aVplkation: Without total compliance to these instructions. you NT�L N01 receive the r. nggosted infommtion. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT J �_ c� / �/ C AV AIDENNAME SEX �—� RACE a® LA CURRENT ADDRISSi cp 5 DATE OF BIRTH: SOCIAL SECURITY #: REASON? POR REQUEST: a Lot SIGNATURE OF APPLICANT �� '' S5 DAU ` State of New York ) County ofExie ) SS. City of Buffaio ) • �� On the L. da of �, before me personally / Y , appeared tr to one knowia to be the same person described ire, and who - executed the foregoing ' ent and ack nowledg the execn�t£on thereof UFF ` ms RXICIt s. DEPT. Notary Public /Commission Deeds NO RECORD ...... ..............:...TO BE COMPLETED BY IDENTIFICATION 6'EM019 P=§ 0hNE: L. ........................... »...».._..... RECORD ATTACHED VERIFIED BY NO RTsCORD ON FILE DATE VERWMD . APPLICATION RELEASE FORM NOTE. USE OF TIUS INFORMATIQN IS NOT BA$BD ON FINGBRI'RIATI• IDENTIFICATION. DO NOT RETAIN AMR 60 DAYS FROM DATE VERHOD. NOT VALID UNTIL S AWED CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: RE MARKS : DISAPPROVAL REASON: BUILDING GARY ZIOLKOWSKI 340 'ELMWOOD AVE LLC LODGING HOUSE 340 ELMWOOD ELMWOOD VILLAGE DISTRICT ADRIAN A JESSONIE (716)997 -0616 LHM12- 10025259 ------_____ -------------------------------------------------------------------------- --------------- - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) NUMBER OF BEDS APPROVED:' DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR:` - RM # 5 1 EXT j 7 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSJNESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 FIRE LT. GERALD WHALEN 340 ELMWOOD AVE LLC LODGING HOUSE 340 ELMWOOD ELMWOOD VILLAGE DISTRICT ADRIAN A JESSOME (716)997 -0616 LHM12- 10025259 -------------------- - - - - -- ---------------------------.----------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) NUMBER OF BEDS APPROVE DATE: rl '� grl2, DISAPPROVED: DATE: DISAPPROVAL DATE: CITY OF BUFFALO ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: f-�- INSPECTOR: RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 716+961+6875 ERIE COUNTY ERIE COUNTY 10:33;25 a.m. 12 -17 -2012 212 T COUNTY OF ERIE HEALTH DEPARTMENT PERMIT The person or corporation hereinafter named is hereby granted permission to conduct the business of a(n) Temporary Residence at the address stated below. This permit is issued on the express condition that the permittee conducting said business will comply with any and all applicable State, Local, and Municipal Laws, Ordinances, Codes, Rules and Regulations and may be revoked or suspended by the Commissioner of Health of the County of Erie for any failure on the part of the permittee to meet such legal requirements. This permit No. MTUK- 8YWRNA expires on 11/30/2013 unless suspended or revolted. 340 Elmwood Rooming House 340 Elmwood Avenue Buffalo NY 14222 OWNER/OPERATOR: Adrian Jessome OPERATION(S): Rooming House PERMIT CONDITION(S): Gale R Burstein, MD, MPH Commissioner of Health THIS PERMIT IS NOT TRANSFERABLE AND MUST BE POSTED IN A CONSPICUOUS PLACE. RECEIVED 12- 17 -'12 11 :37 FROM- 716 +961 +6875 TO- COE- LICENSES P0002/0002 Byron W. Brown Mayor CITY OF BUFFALO Department of Permit & Inspection Services Office of Licenses 65 Niagara SG Rm, 301 Buffalo, NY 14202 (716)851 -4078 ................... .... . dames Comerford Commissioner LODGING HOUSE AGENT MAGNUM LANGLEY 340 ELMWOOD AVE LLC 340 ELMWOOD BUFFALO, NY 14222 NO INDIVIDUAL SHA CHAPTER WITHOUT AND INSPECTION SE ACCORDANCE WITH License Number LHAl2- 10025260 )VIDED IN THIS tTMENT OF PERMIT SIONER IN i. Date Expires: 0210112013 Director of Permit& Inspection Services License holder is responsible for renewal of license within 30 days of expiration date. THIS LICENSE IS NON - TRANSFERRABLE a City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: December 28, 2012 Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 38 Lodging House- 1323 Seneca (Lov) PASSED December 26, 2012 Gerald A Chwalinski City Clerk AP V D ry 00038 I (R,2 1193) Single Paee Communication to the Common Council To: The Common Council: Date: December 13, 2012 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper. and i Lower Case Only Subject: [: Lodging House License [: 1323 Seneca (Lovejoy) Prior Council Reference: (If Any) [: Ext. (Item No, xxx, C.C.P. xxlxxlxx) Text (Type Single Space Below) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 1323 Seneca, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, and Building Inspections, Health Department. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Kenneth Keller. The attached thereto for Kenneth Keller d/bla KPK LLC. This request is submitted for your approval or whatever action you deem appropriate. Tvpe Department Head Name: JAMES COMERFORD Tyne Title: Signature of Department Head: JC.PS.jd a� 3'! Interdepartmental Memo Date: December 13, 2012 To: James Comerford, Interim Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Lodging House at 1323 Seneca. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Lodging House License application to the Common Council: J/ Fire Prevention Building Inspection 0 Police Department 0� Lodging House Agent Health Department Application I Director of Pe its & Inspection Service Date CITY OF BUFFALO 9 OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: BUILDING CHRIS CURTIN KPK LLC LODGING HOUSE 1323 SENECA LOVEJOY COUNCIL DISTRICT KENNETH KELLER (716)864 -8595 LHM12- 10025261 -------------- - - - - -- ---------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) NUMBER OF BEDS ' APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# -3� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AI': COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FIRE LT. GERALD WHALEN KPK LLC LODGING HOUSE 1323 SENECA LOVEJO); COUNCIL DISTRICT KENNETH KELLER (716)864 -8595 LE M12- 10025261 ---------------------------------------------------------_---------------------------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) NUMBER OF BEDS PPROVED• DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: RE MARKS : INSPECTOR: CITY OF BUFFALO OFFICE OF LICENSES Ml CITY HALL BUFFALO, NY 14202 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** um -, EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. • INSPECTION TYPE: REFERRED TO: APPLICATION FOR: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF KPK LLC LICENSE TYPE: LODGING HOUSE BUSINESS ADDRESS: 1323 SENECA LOCATED AT: COUNCIL DISTRICT: LOVEJOY COUNCIL DISTRICT APPLICANT NAME: KENNETH KELLER APPLICANT PHONE: (716)864 -8595 APPLICATION NO: LHM12- 10025261 REFERRAL DATE; REMARKS: .y � C 0 6 j- 'o rl+ �`, t� GY1 DISAPPROVAL REASON: - -------------- - - ---- --------------------- - - - - -- ___---------- - - - - -- - (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLI AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. OCT .16-2012 TOE 03 :02 PM M -T BANK PAX.7168240604 P. 001 COUNTY OF ERIE HEALTH DEPARTMENT PERMIT The person or corporation hereinafter named is hereby granted permission to conduct the business of a(n) Temporary Residence at the address stated below. This permit is issued on the express condition that the permittee conducting said business will comply with any and all applicable State, Local, and Municipal Laws, Ordinances, Codes, Rules and Regulations and may be revoked or suspended by the Commissioner of Health of the County of Erie for any failure on the part of the permittee to meet such legal requirements. This permit No. 14010049 expires on 07/3112013 unless suspended or revoked. Thruway Inn 1323 Seneca Street Buffalo NY 14210 OWNER/OPERATOR: KPK LLC OPERATION(S): Rooming House PERMIT CONDITION(S): Gale R Burstein, MD, MPH Commissioner of Health _Juz y THIS PERMIT IS NOT TRANSFERABLE AND MUST BE POSTED IN A CONSPICUOUS PLACE. RECEIVED 10- 16 -'12 13.17 FROM 7168240604 TO- COB - LICENSES P0001/0001 Byron W. Brown Mayor CITY OF BUFFALO Department of Permit & Inspection Services Office of Licenses 65 Niagara Sq Rrn, 301 Buffalo, NY 14202 (716)851 -4078 LODGING HOUSE AGENT ROBERT KIEHLE KPK LLC 1323 SENECA BUFFALO, NY 14210 NO INDIVIDUAL SHALL BE CHAPTER WITHOUT FIRST AND INSPECTION SERVICE ACCORDANCE WITH CITY Date Expires: 0210112013 Director of Permit & Inspection Services License holder. is responsible for renewal of license within 30 days of expiration date. THIS LICENSE IS NON - TRANSFERRABLE Commissioner License Number LHAl2- 10025262 AGENT AS PROVIDED IN THIS 3 -M THE DEPARTMENT OF PERMIT COMMISSIONER IN O� ' R. 269 -5. I i f CITY OF BUFFALO - BUSINESS APPLICATION,` 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 r' Phone (715) 851 -4078 Fax (716) 851 -4952 All information on this form is public record All__ U� LODGING HOUSE LICENSE APPLICATION Lodging House Address ,Buffalo NY Number, Street Number of Rooming Units 77 Total Number of Beds Total Number of Beds Applied for Number of Rooms Number of persons occupying each Rooming Unit Name of Owner Home Phone # --'' Owner Address Num er, Street City, town or Village State ZIP Owner Date of Birth Place of Birth NYS Tax ID # W Business Website E -Mail ADDITIONAL REQUIREMENT As per Chapter 269 -2(B) of the City Ordinances, no license will be issued unless the owner OR the agent of the property resides on the premises of the lodging house. Check one: ❑ I, the owner, reside on the premises of the above lodging house address. is the Lodging House Agent residing at the lodging house. Fees . 0 -1.5 beds ...... $71.00 16 -25 beds .... $118.00 over 25 beds ... $118.00 Y $2.50 for each additional bed Subscribed an sworn to before me this � a 20 o r ner o Deeds I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Signature of Applicant — Z_ Print Name 'w '& Date _1-® — 2 � `2 1., I \Vp Lodging House License —IN �LNSeneca (Lov)(EDPIS) Mr. Smith moved: That the above communication from the Department of Economic Development, Permit and Inspection Services dated December 13, 2012, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized to grant a Lodging House License to Kenneth Keller d/b /a KPK LLC located at 1323 Seneca Street. Passed C: lUwuU mciuskklppUatall kmIMiciosoftlWindowslTemporary Intemet FileslCoelcet. Outlook5OX72QVW6llod6ing license 1323 Sem da * AYE * NO * FONTANA * FRANCZYK * . * GOLOMBEK * LOMTO * PRIDGEN * RIVERA * RUSSELL SCANLON * SMITE * * * 213 -b 3/4- 7 N I1 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING December 26, 2012 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 39 PASSED December 26, 2012 Permission to Accept Grant- COB Girls Circle Program Gerald A Chwalinski City Clerk JAN 0, 7 2013 Q00 � .- ` n3 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 12/17/2012 FROM: DEPARTMENT: Division for Youth SUBJECT: [:City of Buffalo Girls Circle Program -Grant [:Acceptance of grant and interfund cash loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxtxx) The Department of Community Services , Division for Youth has been awarded a grant from the New York State Department of Criminal Justices Services to fund the City of Buffalo Girls Circle Program, totaling $ 16,934.00. An interfund cash loan is to be made in the maximun amount of $16,934.00 as needed subject to your approval and receipt of signed grant document. Loan is payable at date of reimbursment. SIGNATURE .r DEPARTMENT HEAD TITLE: Deputy Commissioner of the Department Community Servies and Recreational Programming 3� � CITY OF BUFFALO \1 a INTERDEPARTMENTAL CORRESPONDENCE TO: Jeni Wozniak, Grant Audit Supervisor fBON: _Kathy Isch DATE: 12/17/2012 SUBJECT. New Grant Fund Account Code Please create a new fund /account for: Title of Grant: _City of Buffalo Girls Circle Program Year III Grant ID:T612171 DCJS: JBC1612171 Agency Providing Grant: Division of Criminal Justice Services Are these federal funds or federal passed through funds? _x_ yes no If yes, Federal Agency: Division of Criminal Justice Services CFDA Number: 16.523 Grantor Contact Information: Name: _City of Buffalo Division for Youth Phone: 761 851 - 5177 Amount: $18,816.00 Grant $16,934.00 Match $ 1,882.00 Will you need an interfund cash loan? _x_ yes no If yes, amount requested: $_$16,934.00 flow. Effective Date: _through Approved: CCP Date: _ __ _ _ — Item # BFSA Date: _ _ _ _ _ _ — '(If over $50,000.00) Administering City Department: _Division for Youth City Program Manager Responsible for Grant: Name: Kathy Isch, M.S. , Program Director of Youth Counseling Please include cash Phone number: _ 716 851_ - _5177_ Please check off the list below to ensure proper documents are submitted for creation of a grant account: Letter from department head requesting grant be set up Award Letter Signed Grant Agreement Budget STATE AGENCY NYS COMPTROLLER'S NUMBER: T612171 Division of Criminal Justice Services (Contract Number) 4 Tower Place Albany, NY 12203 ORIGINATING AGENCY CODE: 01490 - Division of Criminal us ice ery ices GRANTEEICONTRACTOR: &Address) TYPE OF PROGRAMS: Juvenile Accountability Block Grant Buffalo, City of DCJS NUMBERS: JBC1612171 65 Niagara Square CFDA NUMBERS: 16.523 Room 201 Buffalo NY 14202 FEDERAL TAX IDENTIFICATION NO: 166002533 INITIAL CONTRACT PERIOD: MUNICIPALITY NO: (if applicable) 140207000000 FROM 01/01/2013 TO 1 2/3 112 01 3 FUNDING AMOUNT FROM INITIAL PERIOD: $16,934.00 STATUS: MULTI -YEAR TERM: (if applicable): 0 1 -year renewal options. Contractor is not a sectarian entry. Contractor is not a not - for - profit organization. CHARITIES REGISTRATION NUMBER: APPENDIX ATTACHED AND PART OF THIS AGREEMENT x APPENDIX A Standard Clauses required by the Attorney ` i;eneral for all State contracts x APPENDIX Al APPENDIX Al Agency - specific Clauses (Enter number or Exempt) x APPENDIX B Budget if Exempt is entered above, reason for exemption. x APPENDIX C Payment and Reporting Schedule NIA x APPENDIX D Program Workplan APPENDIX F Guidelines for the Control and Use of Confidential Funds Contractor has — has not timely filed with the Attorney General's Charities Bureau all required periodic or annual written reports. APPENDIX G Procedural Guidelines for the Control of 3 Equipment APPENDIX Other (Identify) IN WITNESS THEREOF, the parties hereto have electronically executed or approved this AGREEMENT on the dates of their signatures. NYS Division of Criminal Justice Services BY: Anne Marie Strano , Director Date: 08/20/2012 Office of Program Development and Funding: State 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. GRANTEE: BY: Hon. Byron W Brown Mayor Date: 0811612D12 ATTORNEY GENERAL'S SIGNATURE APPROVED, Thomas P. DiNapoli, State Comptroller Title: Date: Title: Date: Award Contract Juvenile Accountability Block Grant Project No. Grantee Name 1�LA JB12- 1005 -EOO Buffalo, City of 08/20/2012 AGREEMENT STATE OF NEW YORK AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: I. Conditions of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X) Amendment. Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix amendment far that PERIOD. C. This AGREEMENT incorporates the face page attached as presented in the Grants Management System (GMS) AWARD online printable report, and all of the marked appendices identified on the face page hereof. D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement. 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, change in scope, or change in term is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix A -1. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT. fl. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. 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 the AGREEMENT Immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix A -1. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. ( •11, F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The 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. V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix A -1. VI Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of the laws and regulations, or specified in Appendix A -1. Certified by - Byron Brown on 08/16/2012 Project No. Grantee Name e JB12- 1005 -E00 Buffalo, City of 08/20/2012 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 apart of the contract (the word 'Contractor' herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appronpriated and available for this contract. 2. NON - ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or 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 maybe 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 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 lot by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a). 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON - DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any oD employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, In accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or Intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevail -ing 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. 7. NON - COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participanting, or shall participate in an international boycott in viola -tion 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 [imitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set- off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, Its representatives, or the State Comptroller. 10. RECORDS. The .Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, 'the Records'). The Records must be kept for the � balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspec "tion, 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 Offiycers Law (the 'Statute') provided that: (q) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (H) the payee's Federal social security number, andlor (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, 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 the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law 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 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 1 � members and women in its workforce 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 (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. 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. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ('CPLR'), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall 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 add ross 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 specifics "tions 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. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7th Floor Albany, New York 12245 Telephone: 518- 292 -5220 Fax: 518- 292 -5884 http:11www.em pire.state.ny.0 s 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: 51 8- 292 -5250 �14 Fax: 518 - 292 -5803 http: / /www.em p i re.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; 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. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current Ilst of jurisdictions subject to this provision. 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY 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. 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 this 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 0< Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5 -a, if the contractor fails to make the certification 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. December 2011 Certified by - Byron Brown on 08/16/2012 Project No. Grantee Name JB12. 1005 -E00 Buffalo, City of 0812012012 APPENDIX Al AGENCY - SPECIFIC CLAUSES 1. For grant solicitations or direct grant awards announced before April 10, 2006, if this Agreement exceeds $15,000, it shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $15,000 or less, it shall not take effect until it is executed by both parties. For grant solicitations or direct grant awards announced on or after April 10, 2006, if this Agreement exceeds $50,000, it shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $50,000 or less, it shall not take effect until it is executed by both parties. 2. This Agreement sets forth the entire understanding of the parties and may not be altered or amended except in writing and signed by the parties hereto. 3. The failure of a party to enforce a contractual obligation shall not eliminate the other party's obligation to perform such contractual obligation. 4. In the event that any provision of this Agreement is determined to be null and void, all remaining provisions shall continue to be in full force and effect. 5. The Grantee must notify DCJS in writing of any change in the number, title, job duties or rate of remuneration of project staff which changes the Personal Service Project Budget line by 10 percent or under. Any change in the number, title, job duties or rate of remuneration of project staff which changes the Project Budget line more than 10 percent must be approved in writing by DCJS prior to implementation. The Grantee agrees to provide DCJS with resumes and supporting documentation upon request. 6. The Grantee shall submit detailed itemization forms for personal service and fringe benefit expenditures, in a format determined by DCJS, with any voucher and Fiscal Cost Reports requesting payment for expenditures. 7. The Grantee must maintain specific documentation as support for project related personal service expenditures, depending upon whether this grant contract project is supported by State or Federal funds: A. For State funded grants: For all Grantee's staff whose salaries are paid in whole or in part from grant funds provided under this Agreement, the Grantee shall maintain a time recording system which shows the time devoted to the grant project. The system shall consist of time sheets, computerized workload distribution reports, or equivalent systems. The time devoted to grant activities must be determinable and verifiable by DCJS. If time sheets are used, each must be signed by the individual and certified by the individual's supervisor in a higher level position at the and of each time reporting period. % B. For Federally funded grants: Depending upon the nature or extent of personal service provided under this Agreement, the Grantee shall maintain semi - annual (or more frequent) personal service certifications and/or an after -the -fact personnel activity reporting system (or equivalent) which complies with the requirements of the Federal Office of Management and Budget (OMB) Circulars A -21, A -87 or A -122, as applicable: 1. OMB Circular A -21 [Item J, General provisions for selected items of cost] identifies documentation required for educational institutions as support for grant project personnel costs. 2. OMB Circular A -87 [Attachment B, Selected Items of Cost] identifies the documentation required for local government agencies as support for grant project personnel costs. 3. OMB Circular A -122 [Attachment B, Selected Items of Cost] identifies the documentation required for non - profit organizations as support for grant project personnel costs. The most current version of these Federal OMB Circulars may be viewed on -line at: www.wh itohouse.gov /omblcirculars. The Grantee is to ensure full compliance with specific personal service documentation requirements of these OMB Circulars as applicable directly to the Grant recipient and to any sub- recipient (or collaborative agency /organization). Failure to do so may result in disallowance of costs upon audit. 8. Budget amendments are governed as follows: A. Any proposed modification to the contract which results in a change of greater than 10 percent to any budget category must be submitted for prior approval by DCJS and the NYS Office of the State Comptroller. An Appendix X setting forth the proposed amendment must be electronically signed via the Grants Management System by the Grantee for approval by DCJS and the NYS Office of the State Comptroller before the next voucher and/or fiscal cost report will be approved. B. For proposed modifications to the contract which result in a change of 10 percent or less to any budget category, the following shall apply: 1. The Grantee is not permitted to reallocate funds between Personal Service and Non- Personal Service budget categories without the prior approval of DCJS. A grant amendment setting forth the proposed reallocation must be approved by DCJS via the Grants Management System before the next voucher and/or fiscal cost report will be approved. 2. Prior approval by DCJS is not required for Non - Personal Service budget changes which are less than 10 percent. A letter signed by the Chief Executive Officer or Fiscal Officer authorizing these changes must be submitted to DCJS with the next voucher or fiscal cost report submission. Y,�% 9. Space rental provided by this Agreement must be supported by a written lease, maintained on file and made available by the Grantee upon request. 10. The Grantee's request for travel, meals or lodging reimbursement shall be in accordance with Appendix B, Budget, and, unless prior written authorization has been received from DCJS, shall not exceed rates authorized by the NYS Office of the State Comptroller. 11. The Grantee's employment of a consultant must be supported by a written agreement executed by the Grantee and the consultant. A consultant is defined as an individual or organization hired by the Grantee for the stated purpose of accomplishing a specific task relative to the funded project. A copy of the agreement must be submitted to DCJS with the appropriate voucher for payment. All consultant services must be obtained In a manner that provides for fair and open competition. The Grantee shall retain copies of all solicitations seeking a consultant, written agreements and documentation justifying the cost and selection of the consultant. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of the consultant as if it were its own. A. The rate for a consultant should not exceed $450 for an eight -hour day (not including travel and subsistence costs). A rate exceeding $450 per eight -hour day requires prior written approval from DCJS and may be approved on a case -by -case basis where adequate justification is provided and expenses are reasonable and allowable. B. In addition to the above requirements, a Grantee that is a local government or a not- for - profit must adhere to the following guidelines at a minimum when obtaining consultant services: 1. Consultant services that cost up to $999 under this grant agreement can be obtained at the Grantee's discretion. 2. Consultant services that cost between $1,000 and $4,999 under this grant agreement must be supported by at least three telephone quotes and a record created of such quotes. 3. Consultant services that cost between $5,000 and $9,999 under this grant agreement must be supported by at least three written quotes on a vendor's stationery and a record created of competitive procurement process utilized. 4. A Grantee obtaining consultant services that cost in excess of $10,000 must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; seated bids opened at one time before a committee who will certify the process; establishment of the methodology forevaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. C. A Grantee who proposes to obtain consultant services from a particular vendor without competitive bidding, must obtain the prior written approval of DCJS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and basis upon which the price was determined to be reasonable. Further, such consultant services must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of DCJS' approval must also be submitted with the voucher for payment. D. Notwithstanding the provisions of this paragraph, the Parties agree that DCJS' prior written approval is not required for the employment of a consultant when such employment is secured in relationship to a criminal matter as an expert witness, consultant or investigator. The Parties agree that the employment shall be supported by a written agreement and that all requests for reimbursement shall be supported by documentation identifying the criminal matter involved, services provided, time commitment and schedule. Such agreement and documentation shall be submitted to DCJS with the appropriate voucher for payment. 12. All procurements, other than consultant services, shall be conducted in the following manner. Written justification and documentation for all procurements must be maintained on file and made available upon request. Detailed itemization forms for non - personal service expenditures, in a format determined by DCJS, shall accompany each voucher and Fiscal Cost Report requesting payment. All procurements must be made in a fair and open manner and in accordance with the pre - determined methodology established for evaluating bids (e.g., lowest responsive bidder or best value). A. A Grantee that is a state entity must make all procurements in accordance with State Finance Law Article 11, and any other applicable regulations. B. A Grantee that is a local government must make procurements in accordance with General Municipal Law Article 5 -A and any other applicable regulations. C. In addition, a Grantee that is a not- for - profit must also make all procurements as noted below: 1. If the Grantee is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made immediately. 2. A Grantee may purchase any single piece of equipment, single service or multiples of each that cost up to $999 at its discretion. 3. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $1,000 and $4,999, a Grantee must secure at least three telephone quotes and create a record for audit of such quotes. 4. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $5,000 and $9,999, the Grantee must secure at least three written quotes on a vendor's stationery and maintain a record of the competitive procurement process for audit purposes 5. A Grantee spending in aggregate of $10,000 and above must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened atone time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and I maintenance of a record of competitive procurement process. 6. A Grantee who proposes to purchase from a particular vendor without competitive bidding must obtain the prior written approval of DCJS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and the basis upon which the price was determined to be reasonable. Further, such procurement must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of DCJS' approval must also be submitted with the voucher for payment. 13. Applicable equipment purchased with funds provided by this Agreement as listed in Appendix B, Budget, shall he assigned a unique inventory number. The Grantee shall list all applicable equipment purchased with such funds in the GMS Property Module and print and submit such reports to DCJSIODPF program representatives with the final program progress report or sooner. Alternatively, the Grantee may use the Equipment Inventory reports prescribed by DCJS to list equipment purchases and submit them to DCJS via postal service. Items of equipment costing less than $500 do not need to be reported on the Equipment Inventory Reports although the Grantee is encouraged to maintain an internal inventory for audit purposes. Upon completion of all contractual requirements by the Grantee, DCJS will consider a request for continued use and possession of the equipment purchased with grant funds provided the equipment continues to be used in conducting a criminal justice program. 14. Grant funds may be expended only for purposes and activities set forth in this Agreement. Accordingly, the most important single requirement of accounting for this grant is the complete and accurate documentation of grant expenditures. If the Grantee receives funding from two or more sources, all necessary steps must be taken to ensure that grant - related transactions are not commingled. This includes, but is not limited to, the establishment of unique budget codes, a separate cost center, or a separate chart of accounts. Expenditures must be cross - referenced to supporting source documents (purchase orders, contracts, real estate leases, invoices, vouchers, timesheets, mileage logs, etc.). Grantee agrees it shall maintain adequate internal controls and adhere to Generally Accepted Accounting Principles for Government or Generally Accepted Accounting Principles for Not- far - Profit Organizations. This Agreement may be subject to a fiscal audit by DCJS to ascertain financial compliance with Federal and/or State laws, regulations, and guidelines applicable to this Agreement. Such audits may include review of the Grantee's accounting, financial, and reporting practices to determine compliance with the Agreement and reporting requirements; maintenance of accurate and reliable original accounting records In accordance with governmental accounting standards as well as generally accepted accounting principles; and specific compliance with allowable cost and expenditure documentation standards prescribed by applicable Federal, State, and DCJS guidelines. 15. Where advance payments are approved by DCJS, the Grantee agrees to expend the advance payments in accordance with the purposes set forth in Appendix D and consistent with Appendix B. 16. DCJS reserves the right to suspend program funds if the Grantee is found to be in noncompliance with the provisions of this Agreement or other grant agreements between the Grantee and DCJS or, if the Grantee or principals of the Grantee are under investigation by a New York State or local law enforcement agency for noncompliance with State or Federal laws or regulatory provisions or, if in DCJS' judgment, the services provided by the Grantee under the Agreement are unsatisfactory or untimely. DCJS shall provide the Grantee with written notice of noncompliance. Upon the Grantee's failure to correct or comply with the written notice by DCJS, DCJS reserves the right to terminate this Agreement, recoup funds and recover any assets purchased with the proceeds of this Agreement. DCJS reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon Issuance of a final audit report and appropriate notification to the Grantee, or upon reasonable assurance that the Grantee is not in compliance with Agreement terms. 17. The Grantee agrees, as a material condition of the Agreement, to comply with all applicable provisions of the Hatch Act (5 U.S.C. "1501 et seq.) as amended. 18. Program income earned by the Grantee during the funding period as a direct result of the grant award must be reported in writing to DCJS, in addition to any other statutory reporting requirements. This includes income received from seized and forfeited assets and cash, as well as: sale of grant purchased property; royalties; fees for services; and registration /tuition fees. Interest earned on grant funds is not program income unless specified in Appendix D. The Grantee agrees to report the receipt and expenditures of grant program income to DCJS. All income, including interest, generated by the use of these grant funds will be used to enhance the grant project. 19. if applicable, the Grantee agrees to obtain not- for - profit status, a federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish DCJS with this information as soon as it is available. 20. Unless otherwise specified, in accordance with the State Finance Law, the availability of all State funds for liabilities already incurred thereunder shall cease on September 15th of the year following the fiscal year in which the funds were appropriated, unless such funds are reappropriated by the New York State Legislature. To ensure payment, vouchers must be received by DCJS by August 1st of the year following the fiscal year In which the funds were appropriated. 21. The Grantee will submit program progress reports and one final report to DCJS via the GNIS system and additional information or amended data as required. A. Program progress reports will be due within 45 days of the last day of each calendar quarter or on an alternate schedule as prescribed in Appendix D. The first program progress report will be due within 45 days of the last day of the calendar quarter from the start date of the program. Program progress reports thereafter will continue to be made until such time as the funds subject to this Agreement are no longer available, have been accounted for, and/or throughout the Agreement period or project duration. Calendar quarters, for the purposes of making program progress reports, shall be as follows: Calendar Quarter; Report Due January 1 - March 31; May 15 April 1 - June 30; August 15 July 1 -September 30; November 15 October 1 - December 31; February 15 S. The final report, or where applicable interim progress reports, will summarize the projects achievements as well as describe activities ) w for that quarter. 22. If for any reason the State of New York or the federal government terminates its appropriation through DCJS or fails to pay the full amount of the allocation for the operation of this program, this Agreement maybe terminated or reduced at the discretion of DCJS, provided that no such reduction or termination shall apply to allowable costs already incurred by the Grantee where funds are available to DCJS for payment of such costs. Upon termination or reduction of the Agreement, all remaining funds paid to the Grantee that are not subject to allowable costs already incurred by the Grantee shall be returned to DCJS. In any event, no liability shall be incurred by DCJS or by the State of New York beyond monies available for the purposes of this Agreement. The Grantee acknowledges that any funds due to DCJS because of disallowed expenditures after audit shall be its responsibility. 23. If Appendix B, Program Budget, makes provisions for overtime payment, the Grantee agrees to submit vouchers for such payment of overtime charges within 45 days after the last day of the quarter for the reporting period. The Grantee further agrees to limit overtime earnings to no more than 25 percent (25 %) of the employee's annual personnel cost (salary plus fringe benefits) during the term of this Agreement. No reimbursements for overtime charges in excess of this 25 percent (25 %) limit will be made unless prior written approval has been obtained from DCJS. 24. None of the goals, objectives or tasks set forth in Appendix D shall be subawarded to another organization without specific prior written approval by DCJS. Where the intention to make subawards is clearly indicated in the application, DCJS' approval is deemed given, if these activities are funded as proposed. If this Agreement makes provisions for the Grantee to subgrant funds to other recipients, the Grantee agrees that all subgrantees shall be held accountable by the Grantee for all terms and conditions set forth in this Agreement. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of any subgrantee as if it were its own. The Grantee agrees that all subgrantee arrangements shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following information: - Activities to be performed; schedule; - Project policies; -Other policies and procedures to be followed; - Dollar limitation of the Agreement; - Appendix A, Appendix A -1, Appendix C, Certified Assurances for Federally Supported Projects, Certification Regarding Lobbying, Debarment and Suspension and any special conditions set forth in the Agreement; and a5 - Applicable Federal and/or State cost principles to be used in determining allowable costs. The Grantee will not be reimbursed for subgranted funds unless all expenditures by a subgrantee are listed on certification forms. Backup documentation for such expenditures must be made available upon request. All expenditures must be programmatically consistent with the goals and objectives of this Agreement and with the financial plan setforth in Appendix B. 25. Federal Funds A. In accordance with Federal requirements, a Grantee which receives during its fiscal year $500,000 or more of Federal funds (including pass - through and direct) from all sources, including this Agreement, must agree to have an independent audit of such Federal funds conducted in accordance with the Federal Office of Management and Budget (OMB) Circular A -133. OMB Circular A -133 further requires that the final report for such audit be completed within nine months of the end of the Grantee's fiscal year. The Grantee further agrees to provide one copy of such audit report(s) to DCJS within nine months of the and of Its fiscal year(s). B. In accordance with Federal requirements, a Grantee receiving Federal pass- through funds must also agree to comply with the terms and conditions of any and all applicable Federal OMB Circulars. For the convenience of the Grantee, the following OMB circulars are noted as the most common applicable to federal funds passed through DCJS: -OMB Circular A 21, Cost Principles for Educational Institutions; -OMB Circular A 07, Cost Principles for State, Local and Indian Tribal Governments; -OMB Circular 102, Grants and Cooperative Agreements With State and Local Governments; -OMB Circular A 110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non Profit Organizations; and -OMB Circular A 122, Cost Principles for Non Profit Organizations. The Parties agree that, dependent upon the status of the Grantee, additional circulars may also be applicable. The most current version of all Federal OMB Circulars may be viewed on -line at: www .whitehouse.govlomblcirculars. The Grantee is to ensure full compliance with all cost documentation requirements of OMB Circulars as applicable directly to the Grant recipient and to any sub - recipient (or collaborative agency /organization). Failure to do so may result in disallowance of costs upon audit. 26. Any creative or literary work developed or commissioned by the Grantee with grant support provided by DCJS shall become the property of DCJS, entitling DCJS to assert a copyright therein, unless the parties have expressly agreed otherwise in a written instrument signed by them. A. If DCJS shares its right to copyright such work with the Grantee, DCJS reserves a royalty -free, non -exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant, C. � or contract under a grant or subgrant; and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with grant support. B. If the grant support provided by DCJS is federally sponsored, the federal awarding agency also reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant or contract under a grant or subgrant; and (b) any rights of copyright to which a Grantee, Subgrantoe, or a Contractor purchases ownership with such grant support. C. The Grantee shall submit one copy of all reports and publications resulting from this Agreement to DCJS. Any publications must contain the following statement, in visible print, of any document generated pursuant to a grant administered by DCJS: This project was supported by a grant administered by the New York State Division of Criminal Justice Services. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Division of Criminal Justice Services. 27. Original records must be retained for six years following the submission of the final claim against this Agreement. In the event of a fiscal audit, the project manager or a designated responsible party must be prepared to produce source documents that substantiate claimed expenditures. DCJS requires that all documentation materials be organized, readily accessible, and cross - referenced to the Fiscal Cost Reports previously submitted. If fiscal records, such as purchase orders, vouchers, payroll registers, payroll tax records, etc., are to be kept in a fiscal office which is separate and apart from the program office, the project manager must have access to these original records. Such fiscal records must readily identify the associated project. In addition, a separate set of records must be retained for each project year. 28. Grant - related expenditures shall be reported on Fiscal Cost Reports and detailed itemization forms provided by DCJS. These reports must be prepared periodically as defined in Appendix C of this Agreement. All reported expenditures must reconcile to the program accounting records. Prior period adjustments shall be reported in the same accounting period that the correction was made. VBR:05105110 Certified by - Byron Brown on 0811612012 Project No. Grantee Name JB12- 1005 -E00 Buffalo, City of APPENDIX B - Budget Summary by Participant Buffalo, City of - Version 1 08/20/2012 # Personnel Number Unit Cost Total Cost Grant Funds Matching Funds 1 Ilntern 2 hours x 30 weeks 9 $11.70/hr. 60 $11.70 1 $702.O0 1$0.00 $702.00 Justification: The intern will provide clerical support services for the project approximatley 2 hours for 30 weeks. The will be part of the match for this pEo 'ect. 2 1 Program Director of Youth Counseling 160 hours x 39.001hr. 160 $39.00 $6,240.00 $6,240.00 $0.00 Justification: Over -time for 4 hours for 40 weeks to implement the Girl's Circle Program. Ten hours for each series to mange and administer grant. Total $6,942.00 $6,240.00 $702.00 # Frin a Benefits Number JUnItCost Total Cost I Grant Funds Watching Funds 1 Program Director of Youth Counseling 18.95% 1 $1,180.00 $1,180.00 $0.00 $1,180.00 Justification: Fringe benefit rate will be part of the match for this project. Fringe benefits are cal. at 18.95 Newyork State Pension. Total $1,180.00 $0.00 $1,180.00 # All Other Expenses Number Unit Cost Total Cost I Grant Funds FMatching Funds 1 Field trips for Girls Circle Participants 3 $527.00 $1,581.00 1 $1 1 $0.00 Justification: The amount will include costs associated with field trips for the girls who complete the Girl's Circle Program. 2 IRefreshments 130 1 $80.00 1 $2,400.00 $2,400.00 $0.00 Justification: Refreshments for each session 30 sessions x 80.00 per session 3 Sub-award to Child and Adolescent Treatment Services CATS 1 $6,373.00 $6,373.00 $6,373.00 $0.00 Justification: CATS social worker Supervisor ( 30 hours x 43.59 hr. fringe benefits for CATS social worker Supervisor at the rate of 28% (366). salary for clinical Slocial worker from CATS to co- facilitaite groups 140hrs. x 26.22 hour. Fringe benefits for CATS clincical social Worker at the rate of 28% $1,027 4 IBusTokans 11 1 $340.00 $340.00 $340.00 $0.00 Justification: Tokens are needed for transportation for participants to come to and from meetings. Total $10,694.00 $10,694.00 $0.00 Buffalo, City of Total Project. Costs I Total Cost I Grant Funds I Matching Funds $18,816.00 1$16,934.00 1$1,882.00 Total Project Costs Total Cost Grant Funds Matching Funds $18,816.00 $16,934.00 $1,882.00 Project No. Grantee Name JB12- 1005 -E00 Buffalo, City of APPENDIX C PAYMENT AND REPORTING SCHEDULE NOTE: Additional payment provisions associated with the schedule(s) below are detailed in Appendix A -1. For All Grantees: 08/20/2012 1. The Grantee agrees that this is a reimbursement -based contract; an advance may be provided through Appendix D (Special Conditions). All requests for reimbursement must reflect actual costs that have been disbursed or items received by the Grantee. A purchase order issued without receipt of the items or service is not eligible for reimbursement. 2. Grantees must submit all required fiscal reports, supporting documentation and program progress reports. Failure to meet these requirements will result in the rejection of associated vouchers. Failure to submit the final program report, or interim progress report designated as the final report, may result in a disallowance of 25 percent (25 %) of the grant amount. The Grantee must also refund all unexpended advances (see item three below.) Final vouchers, reimbursement payment and reports must be submitted within 45 days of the end of the grant contract period. Failure to voucher within this period may result in the loss of grant funds. 3. If at the and of this grant contract there remains any unexpended balance of the monies advanced under this contract in the possession of the Grantee, the Grantee shall submit a certified check or money order for the unexpended balance payable to the order of the State of New York and return it to the DCJS Office of Finance with its final fiscal cost report within 45 days of termination of this grant contract. 4. Vouchers shall be submitted in a format acceptable to DCJS and the Office of the State Comptroller (see http: / /www.crirninaijustice .state.ny.uslofpalforms.htm). Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the Project Budget (Appendix B) and during the contract period. When submitting a voucher, such voucher shall also be deemed to certify that: a) the payments requested do not duplicate reimbursement from other sources of funding; and b) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Grantee for this program. Requirement b) does not apply to Legislative sponsored State grants. S. For purposes of prompt payment provisions, the Designated Payment Office for the processing of all vouchers is the DCJS Office of Financial Services. Payment of grant vouchers shall be made in accordance with the provisions of Article XI -A of the State Finance Law (http:ll caselaw. Ip. findlaw .com /nycodesiol131a19.html). Payment shall be preceded by an inspection period of 15 business days which shall be excluded from calculations of the payment due date for purposes of determining eligibility for interest payments. The Grantee must notify. the Office of Finance in writing of a change of address in order to benefit from the prompt payment provision of the State Finance Law. When progress reports are overdue, vouchers will not be eligible for prompt payment. P 19 6. Timely and properly completed New York State vouchers, with supporting documentation when required, shall be submitted to: NYS Division of Criminal Justice Services Office of Finance 4 Tower Place Albany, NY 12203 -3764 7. Payment Schedule PAYMENT and PAYMENT DUE DATE 1: Pending appropriation, 30 days after commencement date of contract with proper documentation or upon receipt of proper documentation, whichever is later. 2-4: Quarterly A not - for - profit Grantee operating on a multi -year contract may voucher for an optional fifth quarter advance against the succeeding year's appropriation, pursuant to NYS Finance Law, Section 179 -u. All submitted vouchers will reflect the Grantee's actual expenditures and will be accompanied by supporting detailed itemizations of personal service and non - personal service expenditures and other documentation as required, and by a fiscal cost report for the reporting period. DCJS reserves the right not to release subsequent grant awards pending Grantee compliance with this Agreement. In the event that any expenditure for which the Grantee has been reimbursed by grant funds is subsequently disallowed, DCJS in its sole discretion, may reduce the voucher payment by the amount disallowed. If necessary, the Grantee may be required to submit a final budget reallocation. Fiscal cost reports must be submitted showing grant expenditures and /or obligations for each quarter of the grant within 45 days after the last day of the quarter for the reporting period. Advance payments shall be permitted as specified in Appendix A -1, and in the amount specified in Appendix D (Special Conditions). Payment requests need to include the following documents as required: - Detailed Itemization of Personal Service Expenditures - Detailed Itemization of Non - Personal Service Expenditures - Detailed Itemization of Consultant Expenditures - Expert witness agreement and supporting documentation - Voucher and Fiscal Cost Report signed - Written documentation of all required DCJS prior approvals as follows: -DCJS approval of non - competitive consultant. -DCJS approval of non - competitive vendor for services. -DCJS approval of consultant services reimbursement greater than $450 per eight hour day. -DCJS approval of change to Personal Services by more than 10 percent. � -DCJS approval to exceed NYS Office of the State Comptroller travel, meals and lodging rates. -DCJS approval to subaward to another organization. -DCJS approval for overtime payments exceeding 25 percent of an employee's annual personnel cost. -DCJS and NYS Office of the State Comptroller approval to modify Personal Services and Non Personal Services budget categories by more than 10 percent. -DCJS approval to reallocate funds between Personal Services and Non Personal Services. 8. CONTRACT 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 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 forms are available at the State Comptroller's website at www. osc.state.ny.uslepaylindex.htm, by email at epunit @osc.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 the State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. VER012510 Certified by - Byron Brown on 0 811 612 01 2 Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB12- 1005 -E00 Buffalo, City of 08/20/2012 APPENDIX D - Work Plan Goal To implement a Girls Circle Group that will hold at -risk females ages 12 -15 accountable, reducelprevent further delinquency and address specialized needs by integrating relational cultural theory (RECTA), resiliency practices, and skills training into a specific format designed to increase positive connections, personal and collective strengths, and social competencies. Objective #1 To ensure adequate administrative support is provided to the proposed Girls Circle Group project in the City of Buffalo. Task #1 for Objective #1 The following tasks are associated with this objective: 1. Support/hire program staff as listed in the project budgets and/ or as needed to meet project goals (changes must be approved in writing by DCJS). To include the following staff positions: a. City of Buffalo - Program Director of Youth Counseling - 160 hours for program year b. City of Buffalo - Clerical Support - Interns (Match) -120 hours for program year c. Sub -award to Child and Adolescent Treatment Services (CATS) as listed in GMS budget 2. Staff will conductf participate in planning and training as needed to carry out grant activities, to include: a. Participation in the local Juvenile Crime Enforcement Coalition (JCEC), as required of JABG- funded projects. Performance Measure The following data elements and supplemental materials will be submitted as required by DCJS: # planning /training events (attach list with dates, participant types and other important details); # of agencies, groups and juvenile justice stakeholders represented at trainings (attach namestagency lists). Objective #2 To help increase accountability, reduce risk factors and increase protective factors among 24 juvenile female probationers, referred by the Erie County Probation Department, by providing three (3) ten -week series of Girls Circle programming. Task #1 for Objective #2 The following tasks are associated with this objective: 1. Select and recruit eight (8) girls deemed most appropriate for Girls Circle Programming. a. Each group of eight (8) girls will be provided a 10 week Girls Circle Group curriculum, facilitated by project staff, specifically the CATS social worker and the City of Buffalo Youth Director. b. Provide pre and post test surveys to measure individual program outcomes. Performance Measure The following data elements and supplemental materials will be submitted as required by DCJS: - Case -level intake and exit data for all youth participating in Girls Circle to include demographics, participation in program components and/or compliance with requirements, successful program completion (increase accountability, improve protective factors and decrease risk factors), and juvenile justice system involvement. Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB12- 1005 -EOD Buffalo, City of 0812012012 APPENDIX D -Award Conditions Upon approval of this grant by the Office of the State Comptroller, or DCJS for 'T" contract only, the Grantee is authorized to initially voucher for advance payment of those prospective expenses previously approved by DCJS not to exceed $0.00 from the total contracted amount. Consistent with paragraph 15 of Appendix A -1 of this grant contract, vouchers for advance payments for the purchase of equipment and supplies must be supported by a copy of the purchase order. Special Conditions Grantee agrees that if the project is not operational within 60 days of the original starting date of the grant period, !twill report by letter to OPDF the steps taken to initiate the project, the reasons for delay, and the expected starting date. If the project is not operational within 90 days of the original starting date of the grant period, the grantee will submit a second statement to OPDF explaining the delay. The State may either cancel the project and redistribute the funds or extend the Implementation 'date of the project beyond the 90 -day period when warranted by extenuating circumstances. All juvenile justice funds are to be used to support programs serving youth 7 - 17 years of age, the current age of Family Court jurisdiction in New York State. Except as authorized by law, program records containing the identity of individual juveniles gathered for purposes pursuant to Title 11 (Formula Grants), Title V (Community Prevention) and the JABG Program under the Juvenile Justice and Delinquency Prevention Act may not be disclosed without the consent of the service recipient or legally authorized representative, or as may be necessary to carry out these programs. Under no circumstances may program reports or findings available for public dissemination contain the actual names of individual service recipients. For Third Year Formula Funded Projects Only: Third year projects supported by an amount that represents a reduction in formula funding must maintain a level of service delivery that is consistent with that of the fully funded year(s). Grantee agrees that these funds will be used to supplement and not supplant existing funds and services. This contract may be extended, increased, decreased, terminated, renewed, amended or renegotiated at the discretion of the Commissioner of the Division of Criminal Justice Services. Strategy Special Conditions: Grantee agrees that if funding is being provided for the implementation of any DCJS crime reduction strategies including, but not limited to Operation IMPACT; Youth Violence Reduction; DNA Evidence Collection; Road to Recovery or Re -Entry, that the implementing agency will develop a formal interactive relationship with those other strategy initiatives in the county. The following special conditions apply to contracts with county or municipal governments as appropriate: Participating law enforcement agencies that are funded by DCJS to conduct drug firearms or vehicle theft or vehicle related insurance fraud investigations shall register with SAFETNet. Participation in SAFETNet obligates the registered agency to submit information regarding persons or addresses under active investigation in accordance with SAFETNet standard operating procedures. In addition, the agency agrees to participate in the Upstate New York Regional Intelligence Center (UNYRIC) or the New York/New Jersey High Intensity Drug Trafficking Area Regional Intelligence Center (NYiNJ HIDTA RIC) as appropriate. Law enforcement grantees are required on a monthly basis to submit a data extract file forthe target jurisdiction to DCJS for crime mapping. Grantees may request a temporary waiver of the mapping requirement if this condition would prohibit the immediate Implementation of this project. Information regarding the New York State Crime Mapping System can be made by calling the Customer Contact Center at 600 - 262 -3257. All criminal justice information management software which grantee may purchase or develop with funds provided under the terms of this agreement must conform to established New York State criminal justice data standards as documented in the most current version of the New York Statewide Criminal Justice Data Dictionary. in addition, all such information management software purchased or developed with funds provided under the terms of this agreement must conform to statewide standards for the collection, processing and reporting of criminal justice information as documented in the New York State Standard Practices Manual for the Processing of Fingerprintable Criminal Cases. The latest versions of both documents referenced above can be accessed at the DCJS web site or obtained by calling the DCJS Customer Contact Center at 800 - 262 -3257. Grantee shall enroll as a user of eJusticeNY and make use of the eJusticeNY suite of services as applicable Grantee shall enroll as applicable in the ePagesNY Directory established and administered by DCJS. ePagesNY is a statewide directory service provided free -of- charge by the Division of Criminal Justice Services to the criminal justice community of New York State. Information regarding enrollment in the ePagesNY Directory can be obtained by calling the DCJS Customer Contact Center at 800 -262- 3257. Law enforcement agencies must submit full UCR Part 1 crime reports, including supplemental homicide reports, to DCJS by 30 days ro following the end of the month. These monthly reports may be submitted either under the Uniform Crime Reporting System (UCR) or under the Incident Based Reporting Program (IBR). Quick Reports will not be accepted. Failure to submit this information may result in grant funds being withheld. UCR agencies must fill out the Domestic Violence Victim Data table found on the last page of the Return A in accordance with the new domestic violence reporting requirements. These requirements can be found on -line at http:llwww.criminaijustice. state. ny. us / crimnet /oisa/crimereportingtdomestic_ violence _reporting_alert_5- 08.0B.pdf. Failure to submit this Information may result in grant funds being withheld. Agencies reporting through IBR do not submit a supplemental report for domestic violence. The required data is automatically collected through the monthly submission of an IBR file. Other Special Conditions The Grantee understands and agrees that the Division of Criminal Justice Services shall pay up to the first ninety percent (90 %) of the total grant award amount or $ in accordance with the payment schedule, budgeted items and activities outlined in this agreement and as reported on the required documentation forms. The final ten percent (10 %) of the total grant award shall be held pending receipt of acceptable documentation that the outcome indicators in the project workplan have been achieved at which point the Division may release the remaining ten percent (10 %) or balance of the award as appropriate and in accordance with the payment terms of the agreement. The Division of Criminal Justice Services shall withhold said ten percent (10 %) of the total grant award amount notwithstanding that other amounts have been, or will be, withheld or disallowed by Division of Criminal Justice Services due to, among other things, the Grantee's failure to properly document expenses and services or perform in accordance with the terms of this Agreement. In his sole discretion, and upon the request of the Grantee, the Commissioner of the Division of Criminal Justice Services, may release any portion of the ten percent (10 %) of the grant award retained by Division of Criminal Justice Services as set forth in the preceding paragraph. The following condition will apply to contracts between two New York State governmental entities: This is an agreement between two New York State governmental entities, and as such the provisions contained herein with respect to grants are applicable only to the extent that the provisions would otherwise be applicable between New York State governmental entities. �Y Acceptance of Grant — City of Buffalo Girls Circle Program Mr. Smith moved: That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services and Recreational Programming, dated December 17, 2012, be received and filed; and That the Deputy Commissioner of the Department of Community Services and Recreational Development, through the Division for Youth be, and he hereby is authorized on behalf of the City to accept a grant from the New York State Department of Criminal Justice Services to fund the City of Buffalo Girls Circle Program, totaling $16,934.00; and that the Comptroller be, and he hereby is authorized to provide an interfund cash loan until such reimbursement is secured from the New York State Department of Criminal Justice Services. Passed. CaUsersl lrucinskilAppDatalLacal\Microso8lWindows\Temporary Internet Fil es lContent.0utlook\OX32QVW61Grant -Girls Circle Program.docx * AYE * NO * FONTANA GOLOMSEK * LOCURTO * PRIDGEN * RIVER& * RUSSELL SCANLON SMITE * * * 2/3- G 3I4- 7 * *, FROM THE CITY CLERK December 26, 2012 00 011 No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive - Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks - x Police- Gary Sengbusch, Maria Masecchia x Fire- James otwell Corporation Counsel- Community Services - Economic Development & Permit and Inspection Services= Management Information Systems Administration, Finance & Urban Affairs- Human Resources Civil Service Co=ission- RECEIVED AND FILED. December 26, 2012 3� M r SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 12, 2012 FROM: DEPARTMENT: 21 - Fire SUBJECT: [:Personal Leave of Absence [:Lt. James Otwell PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xx/xxlxx Lt. James Otwell has been approved for a 6 -month personal leave of absence extension, without pay, from his position as Lieutenant in the Buffalo Fire Department, effective December 15, 2012. SIGNATURE DEPARTME T HEAD TITLE: Garnell W. Whitfie , Jr., missioner of Fire GWWIsa SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE FROM: DEPARTMENT: P DIVISION SUBJECT: 1: UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. Ex. ( Item No. xxx, C.C.P. xxlxx/xx) TEXT: (TYPE SINGLE SPACE BELO)D PO GARY SENGBUSCH ASSIGNED TO THE C- DISTRICT HAS BEEN GRANTED AN EXTENSION TO HIS MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR THE PERIOD OF SIX MONTHS. COMMENCING NOVEMBER 28, 2012 THROUGH MAY 28, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: 1- P- 12e(10/12) �1 v DATE: /� / C3 z NAME: *SSN: - - Xxx - 776 d *LAST FOUR (4) DIGITS ONLY* INK: ASSIGN: —�J- - EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA (SEE BELOW) ❑ MEDICAL (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) IS A 12 WEEK LEAVE (M INTERMITTENT FNILA IS A IS A 12 WEEK 1480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATIONOF THE LEAVE OFABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE �2`�liaL ©_1����..• � /hL.¢C�r.C��.��.11� �rL ..., DATES OF LEAVE f� BEGINNING DATE: END DATE: / �(S� / RETURN TO WORK DATE: ` -Z -2 / 3 LENGTH OF LEAVE: EMPLOYEE SIGNATURE ❑ APPROVED 1 ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR DATE A PPROVED I ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) COMMISSIONER OF POLICE 16ATE cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER f SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1: UNPAID LEAVE OF ABSENCE I . PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. (Item No. xxx, C.C.P. xx/x)/xx) TEXT: ( TYPE SINGLE SPACE BELOW Civilian School Crossing Guard Maria Masecchia assigned to the D- District has been granted an extension to her medical leave of absence without pay for the period of 41 days commencing December 4, 2012 through January 13, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: �2=2 P -12e (10 /12) \i�> DATE: NAME: Y' It S CC C d 1 *SSN: _. xxx- XX - -� e F 0 *LAST FOUR (4) DIGITS ONLY* EDUCATIONAL EMPLOYMENT FMLA (SEE BELOW) MILITARY El ❑ (MUST ATTACK ORDERS) RANK: ASSIGN: MATERNITY ❑ PERSONAL ❑ MEDICAL (MUST ATTACH MEDICAL DOCUMENTATION) • THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) IS A 12 WEEK LEAVE (THE INTERMITTENT FMLA IS A IS A 12 WEEK / 4$0 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT EV THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEEVG AWOL EXPLANATION OF LEAVE DATES OF LEAVE BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: 4 `=lxz' 'I � 2 EMPLOYEE SIGNATURE APPROVED / ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR DATE !kK PROVfip / ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF COMMISSIONER OF POLICE cc: ORIGINAL -- ADMINISTRATION AND FINANCE (PERSONNEL FILE) CIVIL SIRViCE ADMINISTRATION COMMANDING OFFICER 7S-77 AL EQUIPMENT) y DATE REQUESTING EMPLOYEE PAYROLL 000:1 -�° 1' 21 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. December 26, 2012 i� #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of I Public Works, Parks & Streets Division of to the Position of Streets Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) SEA SONAL Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.06 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XX -XX- NAME Delano Fabor ADDRESS 34 Keystone St. CITY &ZIP Buffalo 14211 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF S SN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -17 SALARY RANGE OF POSITION $12.06 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: 12/11/12 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESQVlL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #B EMPLOYEES) e #4 (Rev 7 -07) Certificate of Appointment � to G In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective:' in the Department of Public Works, Parks & Streets Division of Buil to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) S~I:.ASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.06 LAST JOB TITLE NAME Justin Lewis LAST DEPARTMENT DATE ADDRESS 131 Parkside Court LAST SALARY CITY & ZIP Buffalo 14214 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LA 4 DIGITS OF SSN. XXX - XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13234001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -32 SALARY RANGE OF POSITION $12.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: rt']', Commissioner DATE: vv 66 11130/12 SIGNATURE OF APPOINTING' AUTHORITY:: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- - EMPLOYEE(S) 00041 �r No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. December 26, 2012 P #4 (Rev 7 -07) ; Certificate of Appointment 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 promotion(s). I further certify that the person(s) named in Schedule "A." have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: I I I I l the Department of Public Works, Parks & Streets Division of to the Position of Streets Truck Driver Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) TV C Open - Competitive, Promotional, Nan - Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 9_, q_ 8 LAST JOB TITLE ` LLU4 NAME Kevin Ford LAST DEPARTMENT DPW DATE ADDRESS 167 W. Humboldt Pkwy, LAST SALARY C), V& -2) CITY & ZIP Buffalo 14214 LAST 4 D IGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP L 4 DIGITS OF SSN. XXX - XX - R149"; 7A DIN t6 Jr1a:901►►it►►il III i1110:9610K19"T lIIII&I =I:AA[a]4 BUDGET ORG. CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2012 -73 SALARY RANGE OF POSITION $22,468 - $37,447 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: 11/30/12 `SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of l:)"l iYf QL-- Public Works, Parks & Streets Streets Street Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of . $ 22,423 LAST JOB TITLE Laborer II (Seasonal) NAME Cecil Brown LAST DEPARTMENT DPW DATE 12112 ADDRESS .22 Rex Place Upper LAST SALARY $12.06 hr. CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX -XX- 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 52002601 TITLE CODE NO 5010 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -131 SALARY RANGE OF POSITION $22,423 - 36,978 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: 0Y Commissioner DATE: 12/17/12 SIGNATURE OF APPOINTING AUTHORITY:. 1 1 ORIGINAL + 2 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) _.... _ - 0 #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointruent(s) or promotion(s). I further certify that the persons) 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 &r Streets Division of Streets to the Position of Street Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) rarR_nlenurNT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 22,423 LAST JOB TITLE NAME Mark Welch LAST DEPARTMENT DATE ADDRESS 22 Rex PI. LAST SALARY CITY & ZIP Buffalo 14211 LAST 4 D IGITS OF SSN. XXX -XX- 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 52002601 TITLE CODE NO 5010 BUDGET ACCT.OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2011 -129 SALARY RANGE OF POSITION $22 - $ 36,978 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepnlak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 12/11/12 SIGNATURE OF APPOINTING AUTHORITY: -- ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). 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: f _� in the Department of Public Works, Parks & Streets Division of to the Position of Streets Equipment Operator Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open- Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,169 LAST JOB TITLE NAME Larry Judd LAST DEPARTMENT DATE ADDRESS 108 Eden LAST SALARY CITY & ZIP Buffalo 14220 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 15030001 TITLE CODE NO 6041 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -65 SALARY RANGE OF POSITION $23,169 - $38,615 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: � 1216112 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES T0: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYERS) n 44 (Rev 7- 07)` Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A' have been certified or approved by the Human Resources /Civil Service for the Appointment Effective:' in the Department of Public , Works, Parks & Streets Division of to the Position of Water Account Clerk Typist Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE. Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 31,127 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX- NAME ADDRESS CITY & ZIP James Hellerer 71 Winston Rd. Buffalo 14216 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 53003501 TITLE CODE NO 0401 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -69 SALARY RANGE OF POSITION $31,754 - $35,127 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: P-1 Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: . 11/27/12 SIGNATURE OF APPOINTING AUTHORITY: V �!f ORIGINAL + 2 COPIES TO: CITY CLERK .(ON18EFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN'SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS December 26, 2012 JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5116 December 20, 2012 Timothy D. Cook CEO, Apple, Inc. 1 Infinite Loop Cupertino, CA 95014 Dear Mr. Cook, 000:4 (Common Counrit City Of Buffalo p- LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATTEL COMMITTEES COMMUNITY DEVELOPMENT LEGISLATION MBEC WATERFRONT 1 was excited to learn that Apple has decided to bring manufacturing and production jobs to the United States. I am pleased that you are considering a location in New York State, an excellent place for a business as prestigious and successful as Apple. Please consider Buffalo, New York as a production and manufacturing site. We are an ideal location for Apple for many reasons, including our strong workforce, low cost of energy and our strategic location bordering Canada. Our city is entering a major resurgence, one that Apple would benefit from. From New York State Governor Andrew Cuomo's dedicated one billion dollars to the Western New York economy to our many exciting new development projects throughout the city, a commitment from Apple would be another great and welcome addition to our burgeoning economy. Buffalo is a city that is rich with culture. from our world class collection of modern and contemporary art at the Albright -Knox Art Gallery to the Buffalo Bills and Buffalo Sabers, our. city provides some of the best cultural and entertainment industries in the country. I thank you for your consideration, and formally invite Apple to visit Buffalo to see first -hand why we would be an ideal location for your company. I greatly look forward to hearing from you. Sincerely, Joseph Golombek, Jr. City of Buffalo North District Council Member JGljm REFERRED TO TH f° M841 TTEE 0--1 00045 SHIRLEY AVENUE BLOCK CLUB # 1 Where being a good neighbor is always in season Mr. Gerald Chwalinski september 17, 2012 city clerk Buffalo, ny 14202 Hello Mr. Chwalinski We would like to make a request to have a street camera installed on the corner of shirley ave. at orleans st. we realize that Orleans st. is a secondary st. However there has been a growing problem with crime, in our community. As a block club we stand on the front lines of this situation. We will always and continue to work with the city and our neighbors. To move our community in a positive and safe direction. We believe that a camera will greatly, help in our efforts to help cut down violent crime, house and car break in's, and help to control the number of traffic violations at this intersection. Thank you Farrell Murray president. cc. Bonnie Russell REFERRED TO THE DEPARTMENT OF POLICE q3 0004:V) d' ) MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen Date: December 20, 2012 RE: Rite Aid Truck Driver I would like to file the attached information for the next Common Council meeting to be held on December 26, 2012. Thank You, Darius G. Pridgen Ellicott District Council Member at� ERIE Cnuriry 63:41:15 p.m. 11 -28 -2012 213 Annette Cole dD Madison St. Bu#416 NY 14206 lion Darius G, Pridgen, c/o Latoya Ellicott District Counciltmember 141.0 City Hall Buffalo, New York 14202 November 28, 2012 RE-. Incident # 123220434 (City of Buffalo Police Reference) Dear Council Member Pridgen, on Saturday November, 1.7, 201.2 approx 1:00 PM I called 911 to request assistance with filling a formal complaint against a Rite Aid 'Truck driver (license plate ##18101. PC). While traveling down Madison St. the driver of the 18 wheeler delivery truck ripped a ower line from the pole causing the line to fall on top of my vehicle and also causing an p elderly nei v ,bbor to loose telephone service for 4 days. The driver did not stop, continued down the block to bite Aid to unload his truck; I asked him if he knew that he dislodged the power lime. He immediately started screaming at me that he knew exactly what he did and I should "go in the house" and "don't worry about it ", Since this driver did not express care or concern, for potential Clanger that he brought to the residents of this street, I called 911 to report the damaged power line lying across the sidewalk and into the street and requested to file a complaint against the perpetrator of this incident for his use of terrorizing behavior. When the fire department atTived to access the situation the driver of the Rite Aid Delivery truck approached them smiling and shaking their hands telling them that be was the one that did it. After observing this I felt even more uncomfortable with the behavior of this driver, and 1 called 91.1. again I was told a unit was on the way. When none arrived I stopped a passing unit to ask for assistance, I was told that in America people can "say whatever they want. I have requested that Chief Scott forward me a copy the police report that was tiled in reference to this incident; and the policy or protocol that citizens are to follow when they perceive they are being threatened or intimated by lion residents of the community. I would appreciate the opportunity to meet. with you or a representative from you office as soon as possible to discuss this matter. Thank you in advance for your consideration and cooperation in this +natter. f Buffalo City Council Member Darius Pridgcii Rite Aid Corporate Office, Camp !till PA 3AMM Block Club verizon Customer Service a • 1_R1ECOUNTY Chief Marcia Scott, C District 693 East Ferry St. Buffalo, New York 14212 November 19, 2412 'RE: incident # 1.23220434 Dear Chief Scott, Annette Cole 40 Madison St. .buffalo, NY 14246 On Saturday November, 17, 2012 approx 1 PM l called 911 to request assistance with filling a formal complaint against a Rite Aid Truck driver {license plate #18 101 PQ, While traveling down Madison St. the driver of the 18 wheeler delivery truck ,ripped a power line from the pole causing the line to fall on top of my vehicle and also causing an elderly neighbor to loose telephone service for 4 days. The driver did not strop, 0ontinued down the block to Rite Aid to unload his truck; [ asked hide[ if he knew that he dislodged the power Jine. He immediately started screaming at rare that he knew exactly what he did and 1 should "go in the house"' and "don't worry aboui it!'. Since this driver did not express care or concern for potential danger that he brought to the residents of this street, I called 911 to report the damaged power litre lying across the sidewalk and into the street and requested to file a complaint against the perpetrator of this incident for his use of terrorizing behavior When the fire department arrived to access the situation the driver of the Rite Aid Delivery truck approached them smiling and shaking their hands telling them that he was the one`that did it. After observing this I felt even more uncomfortable wit the behavior of this driver, and 1 called 911 again 1 was told a unit was on the way. When noire arrived I stopped a pa.ssilig unit to ask for assistance, l was told that in America people cart "say whatever they want. Would you fc)rwar<l the a, copy the police report that was filed its reference to this incident. Would you also tell .roe what the policy or protocol that citizens are to follow when they perceive they are being threatened or intimated by non residents of the community. Thank you in advance foI: your consideration and cooperation in this matter. REFERRED TO THE COMMITTEE ON Buffalo City COU1161 Member Darius Ridged Cote Aid Corporate Qtficc, CAMP hill PA JAMM Block Club verizon Customer Service LEGISLATION AND THE D1RECTDR('QFZ ,CITIZEN RIGHTS 03:241:27 p.m, 11 -28 --2012 3 /3 0004' The -38uffaiu Common Council CHRISTOPHER P. SCANLON SOUTH DISTRICT CO UNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202-3318 PHONE: (716) 851 -5169 ♦ FAX: (716) 851 -4294 E -mail: cscanlon @city- buffalo.com December 21, 2012 David P. Hughes, M.D. Great Lakes Physician Services 462 Grider Street Buffalo, NY 14215 Dr. Hughes: �J' 1 �- 4 CHAIRMAN FINANCE TRANSPORTATION WATERFRONT DEVELOPMENT COMMITTEES B UDGET CIVIL SERVICE LEGISLATIVE ASSISTANTS MATTHEW FISHER MARGARET SHEA After fruitless attempts to contact you, I am writing to formally request your presence at the next Buffalo Common Council Finance Committee meeting on January 2, 2013 at 10:00 a.m. in Council Chambers located on the 13 floor of City Hall. The purpose of this meeting is to discuss the Injured on Duty (IOD) contract between the City of Buffalo and your office, as well as complaints filed by the Buffalo Professional Firefighters Association Local 282 pertaining to said contract. This Honorable Body summons you and hopes that you will respect our authority by appearing to discuss these issues. As Chair of the Finance Committee, I urge you to be in attendance. My colleagues and I have several questions relative to your current contract and would like to hear from you regarding the pertinent issues. If you do not attend, barring substantiated reason, I will file a resolution with the Buffalo Common Council urging the City of Buffalo's Human Resource Department to terminate the City's $134,500 contract with Great Lakes Physician Services. If you have any questions, please contact me at 851 -5169. I look forward to seeing you. Sincerely, REFERRED T O ­,'P'T.TT C. 1TTEE ON FINANCE, Christopher P. Scanlon South District Councilmember �j V�A qq G� l� PETITIONS December 26, 2012 Q00� H. Alshahen, Owner, Use 1926 Clinton to Establish a Merchandise /Food Store Use in the Clinton Special Zoning District (hrg 01 /2)(Lov) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 01' 65 NIAGARA SQUARE ROOM 9308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (796) 851 -5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13 th 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 am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed (Agen Owner) J� n �_ Ot � el -� Print Name �� � �-►" �} one # � Date /a1a 6// a 1 1a /i3 T113 ye 9 . LL r - 6f /� ( ATTENTION Ir PLEASE ALSO CONTA THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING �12� Git; ofBdffaio USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 11/1912012 04:01 PM Submitted By DAVID GRUNDY Page 1 1 A/P # 188614 Stages Date I Time By Date 1 Time By Processed 11/19/2012 15:54 GRUND Temp COO Issued COO Final Expires Associated InformatIon Type of Work # Plans 0 Dept of Commerce # Pages 0 Priority ® Auto Reviews BIII Group Square Footage 0.00 Name Valuation 0.00 Declared Valuation Calculated Valuation 0.00 Actual Valuation 0.00 State /Province NY ,2mcriptoon o1w-rk COMMON COUNCIL APPROVAL REQUIRED ,SECTION 511-68 4 FOR RESTRICTED USE PERMIT, TO ESTABLISH A`MERCHANDISE PFOOD STORE" USE •THE CLiNTON STREET SPECIAL ZONING,DISTRICT..PIJ BLIC HEARING REQUIRED, FEE REQUIRED. ' 1 Parent AIP # Project # ProjectlPhase Name Phase # SlzeWea Size Description Address 1926 CLINTON BUFFALO NY 14206 - Location Contact ID AC320472 Name JENNIFER WITCZAK Mailing Address 1926 CLINTON 1 Organization City BUFFALO State /Province NY ZIP /PC 14206 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 03/15/2012 To Contact ID AC370126 Name JUSTIN WITCZAK Mailing Address 539 CAYUGA CREEK RD Organization City CHEEKTOWAGA State /Province NY ZIPIPC 14227 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 03/1512012 To Contact 1D AC93233 Name KONSTANTY C WITCZAK Mailing Address 539 CAYUGA CREEK RD Organization City CHEEKTOWAGA State /Province NY ZIP/PC 14227 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date i 1/19/2012 04:01 PM Submitted By DAVID GRUNDY Page 2 Contact 10.AC1318163 Mailing Address City 539 CAYUGA CREEK RD ZIPIPC 14227 Ray Phone Fax Occupant N From Name WITCZAK KONSTANTY C To No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application 1233400004014000 No Parcels are linked to this Application No Applicant Contacts Organization StatelProvince CHEEKTOWAGA NY Country Evening Phone Mobile # Owner Y From 02/23/2005 To 05/06/2007 ❑ Foreign Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERITENANT Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments WINE 000000 SBU AC12792 MENNEN= OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 MEL AC12792 OWNER OF PROPERTY 000000 HIM AC12792 OWNER OF PROPERTY Check Fees APPLICATION FEE ($25.00) Check inspections Check Reviews Check Conditions MID MULTI - DWELLING PROPERTY Check Alert Conditions Check Licenses Check Children Status Check Open Cases Case # 213562 Fees Failed Awaiting Inspections Successful Reviews Successful Conditions Successful Approved, OK Alert Conditions Successful Not Checked Children Successful 1 g4.of Buffalo USE Building Applica #ion 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 11/19/2012 04:01 PM Submitted By DAVID GRUNDY Page 3 APPLICATION FEE There are no Inspections for this Report Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Bfio Arts Commission City Survey (con't) ❑ Arts Comm. Approval ❑ Subdivisions ❑ Special events MD OK GRUND GRUND N A 25.00 Total Unpaid 25.00 Total Paid 0.00 Modified By GRUND Modified Date/Time 11/19/2012 15:51 Permit Office ❑ Asbestos Survey Common Council City Engineering ❑ Admin Office /Apts R4 ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Encroachment ❑ Canopy /Marquee ROW ❑ Oversize Trucking ❑ Freestanding Sign ❑ Plumbers' Cuts ❑ Human Service Facility 0 Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ® Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan ❑ Thruway Sign approval ❑ Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.Q.R.A. ❑ Contiguous Check ❑ N.E.P.A. City Survey ❑ Address Permit Law Office ❑ Development ❑ Insurances Check ❑ Flood Plain ❑ Title Meld MD OK GRUND GRUND N A 25.00 Total Unpaid 25.00 Total Paid 0.00 Modified By GRUND Modified Date/Time 11/19/2012 15:51 Permit Office ❑ Asbestos Survey ❑Asbestos Abatement ❑ Bond /Certified check ❑ Assessment Combination ❑ First Insurances Check ❑Public Works approval ❑ Notarized Permissionl for portable sign one year Lease showing Use ❑ RodenUVermin Bait encroachment ❑ S Sewer/Water Cut Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning /Use Check . ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department O New Water Supply Water Retention 11/19/2012 15:54 GRUND 11/19/2012 15:54 No Records for This Search Criteria City of Buffalo USE Building Apprii+cation 65 Niagara Square Buffalo NY 14202 (718 )851 -4949 Fax(716)861 -6472 Report Date 11/19/2012 04:01 PM Submftd By DAVID GRUNDY Page 4 0 0 4 9 . E. Sexto, Owner, Use 544 Niagara to Reestablish a Restaurant/Bakery in the Niagara River Coastal Special Review District (hrg 01 /2)(?+i0 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 4u P f. a GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWW Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics n ✓ J 65 NIAGARA SQUARE ROOM 4308 CITY HALL BUFFALO, NEW YORK 44202 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: Ir Ila at 2.00 PM 6�tke n� 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. Sign - (Agen Owner) Print Name I hone # 7C) Date —� /a -a 6 I �a1f3 f) Id, OFFICE OF THE CITY CLERK I ,0 (�b 0 /) (Z- ("� L�ec, ATTENTION THE ALSO CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING 90 1 fi ry P Cboncc (n L 'm� 14 r 06. To be held in the Council Chamber, 13` Floor, City Hall On: City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 ci ✓ `' Report Date 12/18/2012 10:08 AM ubmitted By Mike Castro Page 1 AIP # 189649 Address 544 NIAGARA BUFFALO NY 14201- Location Contact ID AC73034 Name RUIS GUILLERMO Date 1 Time By Date J Time By ZIPIPC 14205 Processed 12/18/2012 10:08 CASTM Temp COO Fax Occupant N From Issued . Contact ID AC914008 COO Mailing Address P.O. BOX 528 City BUFFALO Final ZIPIPC 14205 Expires Day Phone Fax - AssoclaWd Information Occupant N From To Contact ID AC1248134 Valuation Mailing Address 36 FARGO AVE Type of Work # Plans 0 City BUFFALO Declared Valuation 0.00 ZIPIPC 14201 Dept of Commerce # Pages 0 Calculated Valuation 0.00 To Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Dearription of Work---- *' *Gammon Council Approval w /fee & hearing required to re- establish use of a restaurant/bakery in the Niagara River Coastal Special Review District. Parent A1P # Project # ProjectlPhase Name Phase # SizelArea Size Description Address 544 NIAGARA BUFFALO NY 14201- Location Contact ID AC73034 Name RUIS GUILLERMO Mailing Address 544 NIAGARA ST City BUFFALO ZIPIPC 14205 Day Phone Fax Occupant N From To Contact ID AC914008 Name RUIS GUILLERMO Mailing Address P.O. BOX 528 City BUFFALO ZIPIPC 14205 Day Phone Fax Occupant N From To Contact ID AC1248134 Name GUILLERMO RUIZ . Mailing Address 36 FARGO AVE City BUFFALO ZIPIPC 14201 Day Phone Fax Occupant N From To Organization State/Province, NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 11/26/2001 To 05/06/2007 Organization State /Province NY Country USA ❑ Foreign Evening Phone (716)866 -5655 x Mobile # Owner Y From 02/22/2005 To 05/06/2007 City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 12/18/2012 10:08 AM Submitted By Mike Castro Page 2 Contact 10 AC309534 Name Mailing Address 420 NIAGARA ST City BUFFALO ZIPlPC 14201 Day Phone Fax Occupant N From To No Addresses are linked to this Application No Addresses are linked to this 1102700003008000 No Parcels are linked to this Application No Applicant Contacts RUIZ GUILLERMO Organization StatelProvince NY Country USA Evening Phone Mobile # Owner Y From 02101/1995 To ❑ Foreign Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER(TENANT Phone Fax Address (SEA: UNDER APPLICANT) Comments Luz Delia Pabon 830 -5422 000000 SBU AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 MEL AC12792 OWNER OF PROPERTY 000000 HIM AC12792 OWNER OF PROPERTY Check Fees APPLICATION FEE ($25.00) Check Inspections _ Check Reviews Check Conditions MD MULTI - DWELLING PROPERTY Check Alert Conditions Check Licenses HIM Check Children Status Check Open Cases Fees Failed Unpaid Inspections Successful Reviews Successful Conditions Successful Approved, OK Alert Conditions Successful Valid License(s) License Valid Children Successful 0 APPLICATION FEE A 25.00 PERMIT FEE U 25.00 Total Unpaid 50.00 Total Paid 0.00 City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716 )851 -4949 Fax(716)851 -5472 Report Date 12/18/2012 10:08 AM Submitted By Mike Castro Page 3 00050 W. Sabio, Owner, Use 1200 Hertel to Reestablish a Restaurant in the Hertel Ave Special District (hrg 01 /2)(Del) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD o 41"\ OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics C_ ppi� rd c,C ATTENTION THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13 Floor, City Hall On I �;L ' 1 ..,.... at 2:00 PM 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. r Signed n e — ?C'6 Print Name Vy i �" ��b Phone # '7.1 - a a 'Z ? Date a t! -� C �-) 3 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716)851 -5431 FAX: (716) 851 -4845 Pe. 1A'U_)x nc Ccvr\c -,4 morn . 40()111-163 PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING K0_1 I .9 D City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 12/20/2012 09:55 AM Submitted By Mike Castro Page 1 A1P #. 189721 Date l Time By Date / Time By Processed 12/20/2012 09:52 CASTM Temp COO Issued COO Final Expires soc ated Information Valuation Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name 1206 HERTEL Description ofWork — Common Council Approval wlfee & hearing required.to reestablish restricted use of a Restaurant in the Hertel Ave. Special District. 511 -59F. Parent A1P # Project # Project/Phase Name Phase # Size /Area Size Description Address 1200 HERTEL BUFFALO NY 14216- Location Contact ID AC1215589 Name CHARLES DESTRO Mailing Address 119 MEADOWLAWN RD City CHEEKTOWAGA ZIPIPC 14225 -3632 Day Phone Fax Occupant N From To Contact ID AC18144 Name CHARLES DESTRO Mailing Address 119 MEADOWLAWN RD City CHEEKTOWAGA ZIPIPC 14225 -3632 Day Phone Fax Occupant N From To Contact ID AC307273 Name DESTRO CHARLES & 1 Mailing Address 287 MEADOWLAWN RD City CHEEKTOWAGA ZIPIPC 14225 Day Phone Fax Occupant N From To Organization State/Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 02/22/2005 To 05/06/2007 Organization State /Province NY Country USA ❑ foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 06/0211977 To No Addresses are linked to this Application No Addresses are linked to this Application USE Building Application No Parcels are linked to this Application No Applicant Contacts Primary Y Effective Contact ID OWNER Phone Comments william sabio 200 -8( ..Q0 'Lr 000000 0000000 111191 000000 Submitted By Mike Castro Capacity Type Expire Name OWNERITENANT Fax Address (SEE UNDER APPLICANT) SBU AC12792 PLU AC122429 MEL AC12792 HIM AC12792 Check Fees APPLICATION FEE ($25.00) Check Inspections Check Reviews Check Conditions MD MULTI - DWELLING PROPERTY Check Alert Conditions Check Licenses HIM Check Children Status Check Open Cases PERMIT FEE APPLICATION FEE There are no Inspections for this Report There are no Review Activities for this Report No Activity Review Details OWNER OF PROPERTY OWNER OWNER OF PROPERTY OWNER OF PROPERTY Fees Failed Unpaid Inspections Successful Reviews Successful Conditions Successful Approved, OK Alert Conditions Successful Valid License(s) License Valid Children Successful 0 U A Total Unpaid 50.00 Page 2 25.00 25.00 Total Paid 0.00 City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716 )851 -5472 Report date 12/20/2012 09:55 AM Submitted By Mike Castro Page 3 Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) O0Q") Y9 City Employees or Relatives Who Are Seeking a Rehab Loan or Other Federally Funded Assistance - Conflict of Interest Disclosure(Strat Plan) CCP #5, 12111 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 52 PASSED December 26, 2012 Appoint Administrative Assista .nt(Perm)(lnter)(Mullen)(PW) Gerald A Chwalinski City Clerk CD A lil"' IV X, � d3 D 11V JAN 0.7 2013 �-�A.. Appoint Administrative Assistant (Perm)(In CCP# 19, 12111 Mrs. Russell moved That Communication 19of December 11, 2012, be received and Filed and that the Permanent appointment of Regina Mullen, 183 University Ave, Buffalo, NY 14214 at the Intermediate Salary of $ 42,758.00 is hereby approved PASSED AYES - 9 NOES - 0 \ S R Recommended by the Committee on Civil Service ��O— AYE NO FONTANA � FRA.NCZYiA . GOLOMBEK LOCURTO .. PRIDGEN RIIWRA, RUSSELL SCANLON Mai -5 213. 5 3/4- 7 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 53 PASSED December 26, 2412 Appoint Equipment Operator (Prov)(Inter)(Wachowiak)(PW) Gerald A Chwalinski City Clerk A P L AN 0 7 2013 r _.17 f CD co 00053. Appoint Equipment Operator (Prov)(Inter)(Wachowiak)(PW)) CCP 420, 12/11 Mrs. Russell moved That Communication 20of December 11, 2012, be received and Filed and that the Provisional appointment of Gregory Wachowiak, 220 Sears St, Buffalo, NY 14212 at the Intermediate Salary of S 25,100.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service 6��� � 3 * AYE * NO * FONTANA * FRANCZYK * . * GOLOMBEK * LOCURTO * PRIDGEN RNERA * RUSSELL SCANLON * sAtrm * wj -5 213- 6 3/4- 7 Q 0I I Notices of Appointments- Temp/Prov/Perm CCP #46, 12111(Cty CIk) Mrs. Russell moved That the above item be the same and hereby is Received and Filed /:1010100:497 ` I, A ,1� !a Recommended by the Committee on Civil Service C I�0 i a J`� �\ COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) 0005r_� Seneca Gaming Corp - Update Regarding Ongoing Bflo Creek Dev (C. C. P. #43, Dec 11) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the item be Recommitted to the Committee on Community Development. Adopted. �D Recommended by the Committee on Community Development 5LtA Chairman LEGISLATION (Darius G. Pridgen, Chairman) City Clerk's Department BUFFALO December 28, 2012 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, i present herewith the attached resolution item. No. 56 PASSED December 26, 2012 Food Store License(New) - 3428 Bailey (Univ)(EDPI) Gerald A Chwalinski City Clerk A F1 ,.� � � � � , � � ,ice 1 c n lkl,�,= L-0 JAN 0.7 2013 00055 Food Store License (New) — 3428 Bailey (Univ)(EDPI) (Item No. 24, C.C.P., Dec. 11, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is retuixmed to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to David Fenton dlb/a 7- Eleven Inc. located at 3428 Bailey. Passed. Recommended by the Committee on Legislation 1JI'l G OA&O� Chairman C:NUsersllrucinskiVAppDala\ Locality £icrosoft\Windows\Temporary Internet FilesTontentOutlook 10X.32QVW61food s tore license - new -3428 Bailey.doex * AYE * NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PREDGEN * RIVERA RUSSELL SCANLON * * Maj -5 ** 2/3- 6 3/4- 7 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 57 PASSED December 26, 2012 Garbage Collector License(New) 785 South Ogden(Lov)(EDPI) Gerald A Chwalinski City Clerk -'D JAN 0 7 2013 0007 &, 6o► - Collector License (Lov) (EDPI) (Item No. 29, C.C.P., Dec. 11, 2012) That the above item be, and the same hereby is retumed to the Common Council with recommendation for approval; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 263 of the City Code to issue a Collector License to haul refuse, garbage and /or solid waste in the City of Buffalo to Patrick Dolan d/b /a AAA Trash Be Gone, located at 785 South Ogden Street, Buffalo, New York. Passed. Recommended by the Committee on Legislation G-1 QAA1 r- Chairman C: lUsersUm einskilAppnataUca ]VMicrnsoflSWindows\Temporary Internet Files\Ccntent.out]ook10X32QV W51Crarbage Collector License.doex e * AYE * NO * FONTANA IL FRANCZYK GOLONMEK LOCURTO PRWGEN RIVERA RUSSELL SCANLON SMITH. 2/3— 6 * R *� 314 - 7 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 58 PASSED December 26, 201.2 Used Carr Dealer -2140 Genesee St(Lov)(EDPI) Gerald A Chwalinski City Clerk A P P R 0 E JAN 0 .t 2013 400 ?- � Used Car Dealer — 2140 Genesee Street (Lov)(EDPI) (Item No. 31, C.C.P., Dec. 11, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is retumed to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Hussein Dubaishi d/bla East Side Auto Repair, located at 2140 Genesee Street upon the following conditions: • 5 vehicle limit • No vehicles on any unpaved surface • No junk cars to be stored outside • No tires to be stored outside Approved. Recommended by the Committee on Legislation Chairman C: lUsers\I rucinski \AppDatelLocalVAicrosoft \Windows \Temporary Intemet Fil es \Content.Outlook1OX32QVW6\used car dealer -2140 Genesce.dca *AYE *NO* * FONTANA * * FRANCZYK * * GOLOMBEE * LOCURTO * M DGEN RNERA * RUSSELL SCANLON * SMITH * Mlkj - 5 213- C 3/4- 7 '� 00059 D. Valentine - Comingling at 75 W. Chippewa (C.C.P #45, Dec 11) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation It r e 0 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 60 PASSED December 26, 2012 M. Tran, Owner, Use 3396 Bailey, for a Restaurant in a Special District(Univ)(hrg 12118) Gerald A Chwalinski City Clerk A P ®R nn JAN 0.7 2013 MAYO N 00 M. Tran, Owner, Use 3396 Bailey to Establish a Restaurant in Bailey Avenue Special District (Univ)(EDPIS) (Item No. 47, C.C.P., Dec. 11, 2012) Mr. Pridgen moved: That the above item be and the same hereby is. returned to the Common. Council with a recommendation for approval; That the Common Council hereby approves the application of M. Tran, Owner of 3396 Bailey to establish a restaurant in the Bailey Avenue Special District. Recommended by the Committee on Legislation `� . Chairman I� C:lUsersllmcinski\ App➢ ata\ LocallMicrosoft \Windows\Temporary Intemet Files\ Content .Outlook1OX32QVW6aestaurant 3396 Hailey.dom * AYE * NO * * FONTANA * * FRANCZYK *. * GOLOMBEK * * LOCURTO * ' * PRIDGEN * RNERA * RUSSELL SCANLON * SMITH * * * * Maj -5 213 -G 3/4- 7 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 61 PASSED December 26,2012 M. Yuhnke, Owner, Use 244 Allen to Re- Establish Restricted Use of a Take Out Restaurant and Patio(Fill)(hrg, 12118) Gerald A Chwalinski City Clerk JAN 0 7 2013 N) M M. Yuhnke, Owner, Use 244 Allen to Reestablish Abandoned Restricted Use of Take -Out Restaurant and Sidewalk Patio (Fill)(EDPIS) (Item 48, C.C.P., Dec. 11, 2012) Mr. Pridgen moved: That the above item be and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council, pursuant to Section 511 -55 G, for Restricted Restaurant Use, hereby approves the application of M. Yuhnke, Owner of 244 Allen to reestablish abandoned restricted use of ake -out restaurant and sidewalk patio in a two -story masonry mixed -use building. Recommended by the Committee on Legislation Chairman C:\Il secs\ IrucinskilAppDatalLoaalWicrosoftlWiudowslTemporary Internet Files\ Content. Outl aok1OX32QVW6 \Reestablishrestaurant 244 Nle docx Maj - S W - 6 3/4- 7 *AYE *NO* * FONTANA * FRANCZYIK * GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL SCANLON SMITH * * * * 0006 Time Warner Fee for Leasing A Modem (CP) (C.C.P #10, Nov 27) Mr. Pridgen now moves that the above item be Received and Filed. W 1 1910191110WE Recommended by the Committee on Legislation lV City Clerk's Department BUFFALO December 28, 2012 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19. of the Charter, I present herewith the attached resolution item. IffiviSd PASSED December 26, 2012 B. Meyers, Agent, Use 180 Franklin for an LED Ground Sign (Ell)(hrg .12/04) Gerald A Chwalinski City Clerk A k P. LJAN072013 co 00063, B. Meyers, Agent, Use 180 Franklin for an LED Ground Sign (Ell) (DPIS) (Item No. 40, C.C.P., Nov. 27, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the application of B. Meyers, Agent, to erect an LED ground sign at the Buffalo Academy of Science Charter School is hereby appro ed. Recommended by the Committee on Legislation 1L A) Chairman � C:1 UsersgmcinskiL AppData\ Local\Microso$1WindowslTemporary intemet FileslContent .Outlook10X32QVW61Ground Sign -180 Franklin.docx u * AYE * NO * h� FONTANA * * FRANCZYK * . * GOLOMBEE * LOCURTO * PRIDGEN * RIYERA * RUSSELL SCANLON * SMITH Maj - 5 2I3- 6 * k 3/4- 7 '� r 00064 M. LoCurto- Questions Re City /Seneca Gaming Corp Agmt of 2006 (C.C.P #35, June 12) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 1� City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 65 PASSED December 26, 2012 Food Store License (New)-4 Thomas (Fill)(EDPI) Gerald A Chwalinski City Clerk P JAN 0 7 2013 co IN f Food Store License (New) — 4 Thomas (Fill)(EDPI) (Item No. 31, C.C.P., Sept. 18, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Mussed M. Alasri d/b /a Alasri Deli located at 4 Thomas upon the following conditions: • No hand painted signs outside of store • Hours of operation to be 9 am and closing at or before 11pm everyday Passed. Recommended by the Committee on Legislation ClUsers'drucinskiUppOatnU _ocalVMicrosoft\Windows \Temporary Intemet Files \Content,0utlook\OX32QVW6Vood store license -new -4 Thomas docx �� * AYE * NO * * FONTANA * FRANCZYK * . * GOLONlHEK LOCMT4 * PRIDGEN * RMERA * RUSSELL SCANLON * SPAM * * * 213 -6 3/4- 7 �'k;\ 00O6P Exploring New Ways to Deal With Bflo's Problem Property Crisis(Exc Res) (C.C.P 994, July b) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation \Ij RESOLUTIONS December 26, 2012 City Clerk's Department BUFFALO December 2S, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 67 PASSED December 26, 2012 Consent to Sale of Real Property By Bflo Village Assoc to Whitney Preservation Housing Dev Fund Corp Gerald A Chwalinski City Clerk �n. co JAN 0 7 2013 0406 BY: MR. FRANCZYK Re: Consent to Sale of Real Property — Private Housing Finance Law §122 — Whitney Neighborhood Redevelopment Project — Buffalo Village Housing Associates WHEREAS, Buffalo Village Associates is a limited partnership duly organized and existing pursuant to the provisions of Article V of the Private Housing Finance Law of the State of New York, as amended, that owns real property in the City of Buffalo commonly known as 111Prospect Avenue; 222 Carolina Street; 59 Whitney Place; 209 Carolina Street; 186 Carolina Street; 76 Johnson Park; 66 Whitney Place; 35 Whitney Place; and 269 Georgia Street (hereinafter referred to as the Whitney Neighborhood Redevelopment Project); and WHEREAS, on February 24, 1975, the City of Buffalo and Buffalo Village Associates entered a tax exemption agreement, pursuant to the Private Housing Finance Law, exempting the Whitney Neighborhood Redevelopment Project from certain real property taxes; and WHEREAS, said tax exemption agreement remains in effect for a period of forty years commencing April 5, 1974; and WHEREAS, such tax exemption agreement remains in effect; and WHEREAS, Buffalo Village Associates seeks to sell the Whitney Neighborhood Redevelopment Project to Whitney Preservation Housing Development Fund Corporation; and WHEREAS, Whitney Preservation Housing Development Fund Corporation is a non- profit corporation organized pursuant to Article XI of the Private Housing Finance Law; and WHEREAS, section 122 of the Private Housing Finance Law requires that until the termination of the tax exemption, whether by expiration or by any other cause, a redevelopment company shall not have the power to sell the real property constituting the project or any portion or portions thereof without the consent of the local legislative body; and WHEREAS, the properties constituting the Whitney Neighborhood have not received any significant improvements since the original rehabilitations were accomplished in 1975; and WHEREAS, Whitney Preservation Housing Development Fund Corporation has represented to the City its intention to rehabilitate the properties constituting the Whitney Neighborhood redevelopment Project; and WHEREAS, the existing tax exemption will terminate upon the sale to Whitney Preservation Housing Development Fund Corporation; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Buffalo consents to the sale, by Buffalo Village Associates, of real property in the City of Buffalo commonly known as 1.11Prospect Avenue; 222 Carolina Street; 59 Whitney Place; 209 Carolina Street; 186 Carolina Street; 76 Johnson Park; 66 Whitney Place; 35 Whitney Place; and 269 Georgia Street (such properties also being known as the Whitney Neighborhood Redevelopment Project), to the Whitney Preservation Housing Development Fund Corporation; and, be it further RESOLVED, that this consent is granted pursuant to New York Private Housing Finance Law section 122; and be it further RESOLVED, that consent is granted subject to the requirements that Whitney Preservation Housing Development Fund Corporation shall operate and manage the subject properties pursuant to the following conditions: a. That the purchaser comply with the Buffalo Rental Dwelling Unit Registration ordinance (Buffalo City Code Chapter 264); b. That the purchaser shall comply with the New York State Uniform Fire Prevention and Building Code; 2 c. That the purchaser shall consent, without court order, to the interior inspection of the transferred premises upon the reasonable request of the Department of Inspection and Permit Services following tenant complaint; d. That, for a period of two years commencing with the purchase date of the properties, the purchaser shall provide the Department of Inspection and Permit Services and the Community Development committee of the Common Council with copies of its required audit reports to the United States Department of Housing and Urban Development. �n DAVID A. FRANCZYK Fillmore District Member 3 * AYE * NO * FONTANA * FRANCZYK * . * GOLOMBEK LOCURTO * PRIDGEN * RIVERA RUSSELL SCANLON * SM[TH * * * 213 -G 3/4- 7 December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 68 PASSED December 26, 2012 Disch Leg CCP# 49, 1211 Use 472 Main for A Retail Store (Ell)(hrg 12118) Gerald A Chwalinski City Clerk kp A mu BE 0 40 '. I JAN 0 : 7 2013 By: Mr. Pridgen () 006(9 Re: Discharge Legislation Committee Item #49, C.C.P. Dec. 11, 2012 "A. Ali, Owner, Use 472 Main St for a Retail Store (Ell) (Hrg. 12118)" 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 #49, C.C.P. Dec. 11, 2012 "A. Ali, Owner, Use 472 Main St for a Retail Store (Ell) (Hrg. 12118)" and said item is now before the Common Council for its consideration. .ADOPT DISCHARGE APPROVED PASSED AYES I NOES -.0 Darius G. Pridgen Z G DEC 112012 �Ok.p A. Ali, Owner, Use 472 Main St for a Retail Store (hrg 1211 S)(Ell) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD ��P� City of Buffalo USE Building Application 05 Niagara SgOare Buffalo, NY 14202 (716)851 -4948. Fax (716)8515472 Ct 0 1 � Report Date 121061201212:10 PM Submitted By Mike Castro Page 1 I A/P # 189173 Date I Time By Date ! Time By Processed 12/06/2012 12:09 CASTM Temp COO Issued COO Final Expires _Mspciated Information Valuat Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name ** *Common Council approval wlfee & hearing required for new leases of existing retail store in the D.O. Special District. Parent AIP # Project # Project/Phase Name Phase # Size /Area Size Description Address 472 MAIN BUFFALO NY 14202- Location Contact ID AC369606 Name DOWNTOWN BIZ LLC Mailing Address 472 MAIN Organization City BUFFALO State /Province NY ZIP/PC 14202 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 1210212012 To Contact ID AC74255 Name NASEEM M. MALiK,NASEEM M Mailing Address 3428 SOUTHWESTERN BLVD. Organization City ORCHARD PARK StatelProvince NY ZIPIPC 14127 Country ❑ Foreign Day Phone (716)852 -1041 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 No Addresses are linked to this Application No Addresses are linked to this Application 1111300005003000 No Parcels are linked to this Application c;ty;IF Buffalo USE Building Appiica #ion 65 Niagara Square Buffalo, NY 14202 (716)851- 4949'Fax (716)851 -5472 Report Date 12/06/2012 12:10 PM Submitted By Mike Castro Page 2 No Applicant Contacts M IN EPA Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERITENANT Phone Fax Address (SEE UNDER APPLICANT) Comments Amin A042 -1718 000000 SBU AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 MEL AC12792 OWNER OF PROPERTY 000000 HIM AC12792 OWNER OF PROPERTY Check t=ees APPLICATION FEE ($25.00) Check Inspections Check Reviews 607870 CC APP COMMON COUNCIL APPROVAL REQ'D Check Conditions MD MULTI - DWELLING PROPERTY Check Alert Conditions Check Licenses . Check Children Status Check Open Cases Case # 194428 Fees Failed Unpaid Inspections Successful Reviews Failed Incomplete Conditions Successful Approved, OK Alert Conditions Successful Not Checked Children Successful 1 U 25.00 A 25.06 Total Unpaid 50.00 Total Paid 0.00 There are no Inspections for this Report 607870 CC APP ❑ N 12106/201212:09 No Activity Review Details MD OK CASTM 1210$1201212:09 CASTM 121061201212:08 N City of Buffalo USE Building Application 65 NIQara Square Buffalo, NY 14202 (796)851 -4949 Fax 6716)851 -3472 Report Date 12/06/2012 12:10 PM Submitted By Mike Castro Page 3 *AYE *NO* * FONTANA * FRANCZW * . * GOLOMBEK * * * LOCURTO * PRIDGEN * RIVERA � RUSSELL * - SCANLON * SNIITH * * * Mftj -5 2!3- 6� *� 3/4- 7 City Clerk's Department BUFFALO December 28, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 69 PASSED December 26, 2012 Budget & Personnel Amendment- Strat Plan Gerald A Chwalinski City Clerk f ZU13 JAN T? 2013 -71 MAYOR I Cf) BY: Ms. RUSSELL 0 BUDGET AND PERSONNEL AMENDMENT 03— EXECUTIVE 1509 — STRATEGIC PLANNING 1514 — REAL ESTATE 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 — Executive, 1509- Strategic Planning, , 1514 — Real Estate which currently reads: 1509 — STRATEGIC PLANNING Principal Planner 1514 — REAL ESTATE Senior Administrative Assistant Is hereby amended to read: 1509 — STRATEGIC PLANNING Resource Development Technician Principal Planner Director of Planning 1514 — REAL ESTATE Senior Administrative Assistant $ 55,256 - $ 64,833 $ 46,466 - $53,750 $ 48,526 - $ 56,848 $ 55,256 - $ 64,833 $ 72,000 $ 46,466 - $53,750 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 BYRON W. BROWN, MAYOR, BRENDAN MEHAFFY, EXECUTIVE DIRECTOR OF STRATEG'rIC 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. E W. BROWN TMEP, DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE APPRO ED AS TO FORM Corporation Counsel '�' Wk BRENDAN MEHAFFY EXECUTIVE DIRECTOR OF STRA PLANNING PASSED S'0 AYE * NO FONTANA * * FRANCM * . * GOLO.MEE LOCURTO PRIDGEN * RIVERA * RUSSELL SCANLON * 213 - 6 * *� 3/4- 7 00070 BY: Ms. RUSSELL SALARY AND WAGE SCHEDULE "K" July 1, 2012 — June 30, 2015 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35 -9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "K" , Crossing Guard, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. See attached Schedule "K" q, COMMITTEE ON CIVIL SERVICE. APPROVED AS TO FORM Corpora on Counsel 50 SALARY AND WAGE SCHEDULE K 2012 -2013 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 10.78 10.83 10.94 11.00 11.05 THE ABOVE SCHEDULE "K" SHALL BECOME EFFECTIVE SEPTEMBER 1, 2012 THIS SCHEDULE IS APPLICABLE TO THE BUFFALO CROSSING GUARDS ASSOCIATION, INC. SALARY AND WAGE SCHEDULE K 2013 -2014 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 11.00 11.05 11.16 11.22 11.27 THE ABOVE SCHEDULE "K" SHALL BECOME EFFECTIVE SEPTEMBER 1, 2013 THIS SCHEDULE IS APPLICABLE TO THE BUFFALO CROSSING GUARDS ASSOCIATION, INC. SALARY AND WAGE SCHEDULE K 2014 -2015 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 11.22 11.27 11.38 11.44 11.50 THE ABOVE SCHEDULE "K" SHALL BECOME EFFECTIVE SEPTEMBER 1, 2014 THIS SCHEDULE IS APPLICABLE TO THE BUFFALO CROSSING GUARDS ASSOCIATION, INC. r We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. ;`4 ON W. RROWN MAYOR COMPTROLLER 11 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, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. SEE ATTACHED LIST e ta Total 309 Adopted 12/26/12 COD's 12/26/12 tY o uni : cipal Housing: i Chase, Barbara M. Griffin, Timothy J. 18 City BMHA/Bflo Municipal Housing: Barrera, Yolanda V. Beasley, Angela D. Blando, Debra A. Calcano, Johanan G. Daniels, Anita Degener, Donald De Leon, Magdalena Duncan, Troy O. Ferguson, Patricia A. Foster, Diana Knightner, Deirdre J. Lane, Peter M. Lombardo, Jodi L. Nowak, Margaret Renzoni, Adam Reyes, David O. Sebastian, Paula Solomon, Vanessa D. 1 City Board of Educ: Tubman School #31. Pepe, Carol A. 1 City Board of Educ: Room 701 City Hail: Emlyn Rivera 1 City Board of Educ: Division of Ibstruction, Room 701 City Hall: Nadine Jackson 1 City Board of Educ: Student Support, Room 432 City Hall: Nancy Rosado _....,.._ 16 City Board of Educ: Carney, Linda N. Clark, Marta Doverspike, Maria Lisa Goss, Patricia Louise Grandy, Carol A. Gugino, Joanne Marilyn Hill, Lillian R. Hughes- Roach, La Kicia M. P� Johnson, Dorothy B. Jones - Brown, Tracy D. King, Audrey A. Lane, Tina Rochelle Maggio, Mary Lou Malpica, Iris A. Syph, Yvonne S. Zizzo, Mary E. 4 City Clerk's Office: Fontana, Richard A. Linder, Kevin M. Mulvaney, Colleen Privateer, Karen D. 1 City Community Services: Davis, LaShawn 6 City Fire Investigation Unit: Buyers, William T. Lozano, Kevin McKinnie, Sean M. Ortiz, Edwin Simonian, Paul Tyler, Wilbur, K. 3 City Permit & Inspection: Bailey, Jason Luthringer, Kevin Sole Jr., Patrick 13 City Permit & Inspection: Bartoszewicz, Richard Borrelli, Antonio Callahan, Brenda Hearon, Dana L. Jermain, Joy L. LeBxon, Anthony Victor Losi, Salvatore P. McCarthy, Michael J. McCarthy, Thomas A. Nichols, Steven J. O'Donnell, James C. Reilly, Debra A. Sterlace, Christopher � 9 City Public Works, Parks & Streets: Forman, Arthur S. Jackson, Henry Kotsis, Debra A. Licata, Robert Mann, Kathryn E. Milovich, Michael P. Nosworthy, Raymour Rabb, Andrew Smith, Thomas M. 7 City Parking: Castaglia Jr, Joseph M. Hooker, Richard Huthmacher, Thomas M. Kane Jr, Donald F. Kirker, Heidi Nichols, Theresa Tronolone, Frank 10 City Parkine• Barker, Melanie Fracos, Shannon Halligan, Patricia Hennings, Jacqueline Hinson, Lori Kaczmarz, Geraldine M. Kibby, Patricia K. Mack, Maureen Ann Smith, Marlene L. Tomaszewski, Christopher W. 1 City Dept of Comm Svccs: White, Jill 10 City Dept of Comm Svices: Barker Sr., Otis T. Carter, Franklin S. M. Cunningham -Isch, Kathleen. M. Folan, James R. Frank, Dexter Gonzalez, Lizabeth Kopcinski, Parnela L. Lewis, Terrance Lumadue, Susan McKeague, Karen M. V D 7 City Mayor's Citizen Svces: Diggs Sr, Antwan K. Drye, Nicole C. Jones, Bar Cal Kreutinger, Robert Mestre Jr, Oswaldo Mirti, Burt M. Shell, Jason C. 10 City Office of Strategic Planning: Boulware- Wright, Lanette Delicia Chestnut, Anthony Briant Chwalinski, Thomas A: Farrell, Teresa Geller- Alonj, Rise Giambra, Christine, M. Rodriguez, Evelyn Scinta, Maria L. Walker Jarmon, Pamela White, Phillis A. lb Buffalo Sewer Authority: Beeny, Kathleen A. Brothers, David G. Carroll, Robert A. Caulfield, Thomas E. Conroy, William Cronin, Danielle Eagan, Judith M. Hennessy, Ed LoTempio, Thomas McFoy, Oluwole Myrick, Yusef Olszewski, Julia Ann Riley, Charles Smith Jr, Dennis A. Smith, Douglas A, Steinwald, Scott J. 1 Federal Dept of the Army: Fulle, Kathleen 1 County Board of Election: Cicatello, Emilio P1 26 County ECMC: Anderson, David Anthony, Rebecca Benes, Kristen M. Boyd, Jasmine Czubunski, Kelly L.. Davis, Candace Fest, Patricia A. Gallagher, Jo Ann M. Grant, Darlene Hallock, Ruth A. Jankiewicz, Gregory P. Jozens - Dingeldey, Mary Kowalski, Tracee Martz, Lisa Maturski, Karen A. Mendola, Isabella Metz, Dorthea Nabozny, Jeanette A. Perillo, Sandra D. Pittman, Courtney Pogorzelski, Jennifer L. Pointer, Tulani L. Przybylak, Carol S. Schie, Renee Sousis, Julie M. Wallace, Jeanett 4 County ECMC: Catena, Amy E. Hernandez, Sonia Taravella, Lisa Walker, Elizabeth 4 County ECMC: Claeys, Jodi Davis, Cindy Linneborn, Tracey Wienke, Michelle J. 9 CounL ECMC: Costello, John Davis, Cassandra Heicklen, Robert Kennedy, Sheila McFarland, Michelle Rivera Jr, Alfredo Tolsma, Patricia Williams, Amita J. Yelder Jason 8 County Real Property Tax Svices: Baker, Douglas Andrew Colucci, Lawrence Hart, Sara Ann Maciejewski, Joseph L. Pryndota, Maria Skinner, Jared Carl Starzynski, Margaret A. Turner, Douglas R. 3 County Sheriffs Dept: Anthony, John A. Priore, Kristen E. Weatherbee, Karen A. 10 County Sheriffs Dept: Alfonso, Harris Berry, Christian W. Cerroni, Angela Jenkins, Lisa Klinger, Randall R. McAllister, Barbara A. Norton, Debra B. O'Neal, Sylvia Marie Overturf, Ronald S. Rodriguez, Jr., John 67 County Social Services: Balicki, Marie 1. Breidenstein, Kimberly Camarre, Laurie Diaz, Jr., Luis G. Evans, Tiana C. Forney, Sean C. Foster, Patricia Jo Geracci, Janice Golab, Marta Hreshchyshyn, Yuri B. James, Sterling L. F. p Jarosz, Cynthia Kasprzyk, Nicholas J. Kaznica, David L. Kegler, Erin Kuhn, Cheryl E. Liska, Melissa McAuley, Stephanie Murray, Diane Ozark, Barbara E. Quinn, Jennifer Rizk, Judith R. Serota, Sharon E. Smith, Jennie E. Solanke, Gwendolyn Spencer, Megan Stevanovic, Renata Takacs, Denise Thiel, Cheryl Threat, Adrienne D. Todaro, Nancy Tomasello, Debra Ann Toth, Louise A. Trocki, Teresa Trzyna, Michaeleen Turner, Bernice Ufland, Denise C. Van Dette, Constance, J. Van Every, Donald A. Vazquez, Orealis Wagner, Albert C. Wagner, Kelly B. Wailand, Cheryl A. Walczak, Courtney Wannemacher, Debbie Ward, Mark E. Wasch, Paul D. Wawrzyniak, Michael P. Wegrzyn, Sharyl M. Welker, Patricia J. West, Dale Westpfahl, Kellie M. White, Yulanda J. White - Gilbert, Ebonie L. Wieder, Kim L. Wiest, Todd Williams, Judith W. P_ Winfield- Parker, Wanda Wissling, Lisa A. Woods, Flora B. Wozniak, Rozanne Wright, Karen Wroblewski, Sharon D. Young, Latoya C. Young, Nancy Zeth, Christopher J. Ziliox, Gina 37 County Probation Dept: Alfonso- Cooke, Joanna Andruszko, Theresa B. Azzarello, Leanne Bannister, William C. Blakeley, Kellie Bochiechio, Julianna Buffum, Nathan K. Burd, Brian C. Caraballo, Manuel Carter, Richard Collins, Timothy P. Cornell, Brandi Cuomo, Susan DiFonzo, Dawn M. DiMaria, James G. DiPasquale, Valerie A. Duffy, Teresa M. Falzone, Paul Geier, Lisa A. Germans., Robert A. Godfrey, Carrie L. Johnson, Kimberly L. Jordan, Nicole Joseph, Thomas Kelley, Erin Knight, James J. Laun, Matthew Malkinski, Diane M. McCabe, Erin K. Nieves - Wilkinson, Rebecca Ritz, Teri Jo Ruhland, Sheila J. Skokowski, Denise L. Thill, Amy Wilson, Paul C. PO Yanes, Kelly Christine Zulewski, Michael L, q)--" BY: DEMONE A SMITH Appointments Commissioner of Deeds s That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: ; SEE THE ATTACHED LIST. TOTAL. 28 ADOPTED ON 12126112 31� ' '! 28 Paid CODs 12/26/12 Anderson, Shannon Brady, Melissa J. Burgasser, Nancy A. Caldarella, Tracy Ann Coleman, Karen Cordero, Benny Deguire, Linda Dorman, Cynthia D. Drewery, Kristina Fawcett, Kathleen Fischer, Sharon M. H. Garrity, Michael E. Granville, David F. Harris, Cynthia J. Jones, Marry Kamienowski, Patricia K'analey, Kathleen M. Losi, Thomas E. Mahoney, Kelly Melchiorre, Alfred Neureuther, Theresa Sanders, Anita Sickau, Leslie A. Steele, Albert J. Stevens, Kristin H. Verrico 11, Daniel A. Wayne, David Williams, Furnette J. 00073 9 l The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Wednesday, January 2, 2013 at 9:45 o'clock A.M. Wednesday, January 2, 2013 at 10:00 o'clock A.M. Wednesday, January 2, 2013 at 1:00 o'clock P.M. Wednesday, January 2, 2013 at 2:00 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. 00074 No. Adjournment V (111 On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at g3o P GERALD A. C14WALINSKI CITY CLERK December 26, 2012