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13-0625(1)
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO JUNE 25, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, j, Pridgen, Rivera, Russell, Scanlon, Smith - 9 Absent - 0-4Q-r�4 - i On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on June 11, 2013 were approved. * * * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO * * PRIDGEN * 4 RIVERA * / * * * RUSSELL SCANLON *�* SMITH * * * * * * * * [MAJ- 5] [213 - b] [314- 7] June 25, 2013 I FROM THE MAYOR June 25, 2013 0 0s 1 . MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 19, 2013 FROM: DEPARTMENT: EXECUTIVE DIVISION: 03 -0 -MAYOR SUBJECT: Memorandum of Agreement with Buffalo Professional Firefighters Association, Local 282 IAFF, AFL -CIO PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: Attached hereto is a Memorandum of Agreement that we have reached with Local 2 to�cover th"erind - from Fiscal Year - 2002 - 2003 - through aid inclu iding FiscalalYcar 2016 -2017, subject to your Honorable Body's approval. The contract satisfies each of the goals we had developed in approaching this longstanding Iabor dispute. We amplified our efforts to negotiate a contract with Local 282 in October of 2012, at which point the Law Department employed additional resources to conduct a comprehensive and thorough analysis of Fire Department operations and cost centers. We then identified six elements that we considered integral to any potential contract.___ These elements were: (1) reducing and eventually eliminating Premium Health Insurance (901) costs; (2) restructuring the wage scale in a way that provides for more gradual increases through a sensible step system; (3) eliminating unnecessary overtime; (4) guaranteeing reinvestment in our City by mandating residency going forward; (5) utilizing established reserves to finance the transition of the Department from its current makeup to a younger contingent of Firefighters by capping back pay and utilizing reserves to facilitate the transition of the Department into the new wage scale; and (6) eliminating the backlog of expensive_ legal proceedings that has developed over the past 12 years. ELEMENT #1: REDUCE MAJOR COST CENTER #1-- HEALTH INSURANCE Our highest priority was to reduce the staggering costs associated with providing Premium Health Insurance (90 1) coverage to members of the Department. Since the time that the City's last contract proposal was voted down by Local 282 there has been a dramatic rise in the number of active 282 Members taking advantage of the Traditional 901 Health Insurance Plan. This Plan has approximately double the premium cost of the POS 201 Plan and carries with it little or no additional benefits to the active duty, locally residing Firefighters. At last count, approximately 300 Firefighters were enrolled in the 901 plan, at a premium cost differential of almost $3,000,000 annually. We considered this cost unnecessary and wasteful, and made it a top priority to stop additional entries into the 901 plan and to eliminate it in short order. In Provision Number 7 of Exhibit A, we also negotiated the immediate termination of the Cosmetic Rider, which saves the City $110,000 in premiums annually upon the ratification of this Agreement. Page 1 of 7 I • Reform of 901 Traditional Health Insurance As you can see in Exhibit A of the Memorandum of Agreement, entry into the 901 Traditional Plan and continued enrollment in this plan by Firefighters is now significantly limited. Anyone who was not already enrolled in the 901 Traditional Plan loses the option to enroll in it going forward. All employees who were enrolled in the 901 Traditional Plan at the time of the signing of the Memorandum of Agreement may only continue such coverage during their careers if the following two conditions are met: first, he or she must be eligible to retire on or before June 30, 2015, and second, he or she must continuously contribute to the premium cost of the plan as follows. Said Firefighter must contribute $300 per month towards the premium cost of the 901 Traditional Plan between the time of ratification and June 29, 2014. From June 30, 2014 through June 29, 2015, said employee shall contribute $600 per month toward the premium- cost- af_the 90- 1— T- raditional-- -P-lan -- -From- June - -30 -2045 for-wurd,--said- emplaye -- -- shall pay the full difference between the POS 201 Plan and the 901 Traditional Plan in order to continue 901 coverage. Finally, only employees who retire prior to June 30, 2015 can take the 901 Traditional Plan into retirement with them. Under these contract provisions, Firefighters not yet eligible for retirement as of June 30, 2015 will immediately be removed from the 901 Plan, saving the City an average of more than $10,000 per year, per member removed from the 901 Plan. Those that are not removed immediately will have to pay significant and escalating contribution costs for little difference in coverage compared to the 201 * Plan, which will incentivize members to voluntarily leave the plan. By June 30' of 2015, any Firefighter enrolled in the 901 Traditional Plan will have to pay the full cost differential, which means. that the plan will be budget neutral and this major cost center will be effectively eliminated as it pertains to active employees in the Fire Department, and capped with respect to retirees. ELEMENT #2: WAGE SCALE AND STEP INCREASE RESTRUCTURING Our second priority was to restructure the Department's wage scale and step increases in a way that stabilizes future costs, while rewarding years of exemplary service. In our analysis of the rank of Firefighter, we found that more than 300 Firefighters at Step 5 (currently the top step), are at or nearing retirement eligibility. A substantial portion of this group of Firefighters will likely retire during this prospective contract term. Given the fact that Firefighting is a career and not just a job, history has demonstrated that the vast majority of our new hires stay in the service for twenty plus years and retire honorably from it. It did not make sense to increase the wage scale without adding steps that would prolong the time which it will take the recent hires and the Firefighters of the fixture to reach the top step, so a modified step system became a priority. We also started the wage scale lower to provide a direct correlation between experience level and wages earned during the stages of a Firefighter's career. • Replacement of the 5 -Step Wage Scale with an 11 -Step Wage Scale Page 2 of As Provision Number 1 of the attached Memorandum of Agreement makes clear, the current 5 -step system is being replaced with an 11 -step system that, in its most basic form, actually contemplates thirteen steps_ This sets a reasonable academy or entry level wage for Fire Candidates, reasonably escalates that wage after completion of the Academy, and only enters the rookie Firefighter into the 11 -step system of reasonable and predictable pay raises after they have successfully completed two years of service (including his or her training time). The savings realized by these gradual step increases will finance the transition of the Department, as Firefighters who have honorably served the City for long and successful careers retire from the top step and are incrementally replaced by Firefighters who will only reach the top step after serving for 13 years, which is more than half of their expected career length. We found that the proposed wage scale is fair and reasonable and also that the sl ower pace of wage growth will al low the City to transition the Fire Department to its next generation of Firefighters without creating an unrealistic expectation that a quick rise to the top step of the wage scale will be the norm. Starting the wage scale at a lower point also prevents the waste of resources in the early stages of a Firefighter's career, where candidates may drop out or be removed from service because they do not meet the necessary requirements to be career Firefighters. ELEMENT #3: REDUCE MAJOR COST CENTER #2 — OVERTIME Our third priority was to neutralize and eliminate the substantial overtime cost center that had developed since the time that the last contract proposal was voted down by Local 282. For a variety of reasons, the Fire Department, like other 24/7 departments, is subject to the potential of swelling overtime costs. We saw this swell hit its peak in Fiscal Year 2008 -2009, when overtime reached 242,656 hours, and the cost of that overtime totaled $10,497,636. As you can see from the chart that follows, annual overtime has exceeded $8.5 million every year since that time. FISCAL YEAR HOURS AM_ O_ UNT 7/2000- 6/2001 70,063 $2,629,434.06 7/2001- 6/2002 73,905 $2, 947, 623.00 7/2002- 6/2003 75,430 $_2,928,908. 7/2003 - 6/2004 71,053 T $2, 868 409.43 7/2004 - 6/2005 70,962 $2,761,920.91 7/2005- 6/2006 134, 014 $5, 370,135.30 7/2006 6 _ 7/2007 6/2 164, 746 235,1221 $6, 638,193.57 7/2008 - 6 242,656 $1Q4 97,636.07 7/2009- 6/2010 233,606 $10,074,400.32 7/2010 - 6/2011 196,345 - $8,510.735 7/2011- 6/2012 207,576 $8,995,236.6 Page 3 of 7 I Our forensic analysis of these numbers made it apparent that sick call -ins and vacation time use were responsible for a significant portion of the overtime hours created. Furthermore, the swell was not strictly a function of gaps between retirements and training of new recruits, nor was it attributable to long term injuries. Against this backdrop, we determined that it was necessary to: (1) reduce the amount and frequency of sick and vacation time accruals so that it takes longer to accrue less; (2) incentivize the banking or non -use of sick time; (3) increase the punishment for violations of the home confinement policy; and (4) utilize staffing dynamics to insure that the overtime cost center decreases and stays in check over the long term. We accomplished each of these goals in this contract through the following provisions. • Reduction in Sick Time Accruals to Reduce Overtime Provision Numbe 6 of the Agreement reduces monthly sick time accruals from 11 hours per month for all employees to 9 hours per month. It will now take a Firefighter twenty -three years of service without using any sick time to max out the time which can be bought back upon departure from service under the new schedule. However, this protracted timeline could have unintentionally incentivized sick time use if there was no benefit to banking the time, so we also increased the amount of time that can be bought back. • Incentivizing Non -Use (Banking) of Sick Time to Reduce Overtime In Section 6(c) of the Agreement, we incentivize banking of these hours by amending the current language, which caps the buyback of sick time at a 1 for every 3 hours ratio up to 1440 hours to provide for a 1 for every 3 hours ratio buyback for the first 1500 hours accumulated and a 1 for every 2 hours ratio buyback for hours 1501 through 2500 accumulated. We believe that this will reduce the use of sick time, but were unwilling to leave this savings to chance by advancing only this carrot: we also negotiated a stick. Increasing Home Confinement Violation Penalties to Reduce Overtime Provision Number 11 of the Agreement contains significant punishment language should a member violate the home confinement policy and not remain at home after calling in sick. The current system provides for a warning and progressive discipline thereafter, usually resulting in only the loss of the amount of time in the shift during which the violation occurred. The new system contains an immediate penalty and significantly increases the penalties should the violative conduct continue. 0 Reduction in Vacation Accruals to Reduce Overtime To further suppress an increase in overtime opportunities, we negotiated Provision Number 2, which reduces current vacation accruals by one tour and extends the accrual schedule so that it takes longer for Firefighters to acid tours going forward. We also achieved reductions in overtime hour minimums, and non - payment for holiday call - ins (Provisions 3 and 4). • Dynamic Staffing to Reduce Overtime Page 4 of 7 I We could not limit the reduction in this major cost center by simply right - sizing the amount and pace of time accruals or by incentivizing employees not to use time that triggers overtime, so we negotiated a dynamic staffing provision. Provision Number 5 triggers the closure of one company in any shift wherein five or more line company employees call in sick. This results in immediate savings by saving four overtime shifts anytime the threshold is met. This provision is sensible, as the City currently has the benefit of firehouses with multiple companies, which are removed for training or other activities on occasion without any sacrifice in call time response or coverage. These savings cannot be disputed or go unrealized with this automatic trigger provision. Applying this provision in its most conservative form based on the 2011 -2012 fiscal year yields the following formula: Overtime Hours Paid-: _.... = 2 - 576 Total Sick Hours Used: = 75,685 Number of Overtime Hours Saved Through Dynamic Staffing Per Year = 35,040 Average Overtime Rate for 2013/14 = $ 48.38 Total Projected Savings from Dynamic Staffing in 2013114 = $1,695,235.20 Total Projected Savings from Dynamic Staffing in 2013/14 w/ Pension and FICA = $1,695,235.20 x.38 TOTAL SAVINGS FOR 2013/14 FROM DYNAMIC STAFFING = $2,339,424.00 ELEMENT #4: CAREER RESIDENCY Our fourth priority was to encourage, promote, and mandate reinvestment in our community. Over the balance of his or her career, a Firefighter will earn well over $1.2 million in salary. For too long Firefighters have invested their substantial resources overwhelmingly in surrounding communities, and the City has therefore not realized the benefit that these stable middle class incomes provide. Nor has the stability that comes with having public safety personnel reside in our neighborhoods been fully realized. + Domiciled Residency Required for Everyone Hired After January 1, 2012 Provision Number 8 of the attached Memorandum achieves this objective. While Local 282 was advocating for a limitation on residency; specifically, for it to apply only to prospective classes, we recognized that the Iast class of Firefighters is required to reside in the City during its provisional period and wanted to retain this class to provide an immediate benefit to the City. We accomplished just that by mandating residency for any Firefighter hired after January 1, 2012. To insure this reinvestment reaps benefits well into the future, the provision calls for career domiciled residency for all Firefighters Page 5 of 7 hired after that date. (Note well: The last class of Firefighters was hired in April of 2012). ELEMENT #5: MINIMIZE THE USE OF RESERVES BY LIMITING BACK PAY The fifth priority was to seize upon the fiscally prudent management exercised by the City's Department of Administration, Finance, Policy and Urban Affairs over the years, in providing reserves for the settlement of this contract with Local 282. Provision 1(h) of the Memorandum of Agreement contemplates a back pay award of one year's salary under the new wage scale, and Provision 1(g) contemplates a longevity pay increase calculated back to fiscal year 20122013 only, which results in a total retroactive c ost - of —appr -oximatel-y— $-1-0,000,000.00. - -- When. compared -to .. the- l- ikel-y— results- o- f— i- nter -est - .... arbitration awards for the unsettled contract years, the limited retroactivity of this contract is stunning and provides the necessary reserves to finance any increased wage costs not canceled out by the savings achieved through the Union's concessions. The contract costs, less the most conservative savings estimate we could use results in a net surplus from our booked reserves over the life of the contract. The wage costs also start to decrease as the contract term comes to a close and the expensive retirement eligible, top -step Firefighters are replaced by new hires who will wait much longer to achieve the top step (an initial savings of approximately $30,000 per Firefighter per year). ELEMENT #6: END OF EXPENSIVE LITIGATION Over the course of the last fifteen years without a contract, more than 225 grievances, lawsuits, and other proceedings have been commenced between the parties. More than 200 of them remain outstanding. This Memorandum of Agreement contemplates the withdrawal of all such proceedings except for those six listed in Exhibit B (some are combined into one action even though they may bear more than one Index Number). As the typical arbitration of these matters costs the City more than $6,000 in arbitration costs alone, the Memorandum of Agreement contemplates significant litigation cost savings over the life of the contract. We believe that the withdrawal of these matters will result in substantial savings to the City and improve the overall health of City Budgets going forward. 10 1041 RIM 1110 The attached Memorandum of Agreement represents a data and priority -driven approach to contract negotiations and I am proud to state confidently that it paves the Page 6 of 7 v ; C way for the long term health and stability of the Buffalo Fire Department and for the City of Buffalo as a whole. The Buffalo Fiscal Stability Authority has unanimously approved this Agreement and verified that it triggers no Budget or Four -Year Financial Plan Amendments. The City Comptroller has determined that it is affordable and will be looked upon favorably by the rating agencies. I therefore, respectfully ask that Your Honorable Body approve the same. TYPE DEPARTMENT HEAD NAME: Hon. Byron W. Brown TYPE TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: Page 7 of 7 MEMORANDUM OF AGREEMENT between the City of Buffalo and the Buffalo Professional Firefighters Association, Inc, Local 282 IAFF, AFL -CIO The City of Buffalo ( "the City ") and the Buffalo Professional Firefighters, Inc, Local 282 IAFF, AFL -CIO. ( "the Union ") hereby agree to the following terms for a successor collective bargaining agreement for the period July 1, 2004 to June 30, 2017: 1. The following shall be added to Article III: a. The following step -wage schedules shall be effective on the indicated dates and the step rates adjusted on such dates, provided that no Firefighter shall have his or her salary reduced as a result of such salary scale adjustment: Firefighters Step A Step B Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 711112 $35,000 $38,500 $40,932 $44,119 $47,307 $50,494 $53,681 $56,869 $63,247 711113 711114 711115 711116 $35,000 $35,000 $35,000 $35,000 $38,500 $38,500 $38,500 $38,500 $41,751 $41,533 $41,361 $41,223 $45,002 $44,566 $44,222 $43,946 $48,253 $47,599 $47,083 $46,669 $51,504 $50,632 $49,944 $49,392 $54,755 $53,665 $52,805 $52,115 $58,006 $56,698 $55,666 $54,838 $61,257 $59,731 $58,527 $57,561 $64,512 $62,764 $61,388 $60,284 $65,802 $64,249 $63,007 $67,118 $65,730 $68,461 b. Firefighters hired on or after ratification, shall be placed on Step A at hiring. Upon completion of the Academy, Firefighters shall be placed on Step B. On the second anniversary of the hire date, Firefighters shall be placed in Step 1. Thereafter, upon each anniversary of their hire date, Firefighters shall receive one step increase in salary until they reach Step 11. 1 c. Current Firefighters shall be placed in the new steps: as :follows: Current Step 1 shall be placed in new Step 1 as of July 1 2012 Current Step 2 shall be placed in new Step 2 as:of July 1 2012 Current Step 3 shall be placed in new Step 3 as of July l 2012 Current Step 4 shall be placed in new Step 4 as of:hly 1, 2012 Current Step 5 shall be placed in new Step 7 as of July 1, 2012. d. Current Firefighters will receive a one step increase in pay on July 1 of each year commencing July 1, 2013 until they reach the top pay step. e. Off tens -pay- shall -be- increases as- follows: 7/1/2012 7/1/2013 7/1/2014 7/1/2015 7/1/2016 Lt. $72,441 $73,890 $75,367 $76,875 $78,412 Capt. $75,865 $77,382 $78,930 $80,508 $82,118 BC $82,268 $83,913 $85,591 $87,303 $89,049 DC' 19 9" .'.&$91;909- -$93-,74-7 .-W,62-2- 534 f. For all promotions to Lieutenant occurring on or after ratification, there will be a two step Lieutenant pay schedule as follows: Year 1- Pay will be Top Pay Firefighter plus 50% of the Difference between top pay Firefighter and Lieutenant Pay After one year in Lieutenant position, Pay will be at full Lieutenant Pay. All Acting Pay will be paid at the full Lieutenant pay rate. g. Effective July, 1, 2012, each bargaining unit employee who has completed at least one year of service shall receive annually, in addition to his or her salary, Two - hundred and ten ($210) dollars longevity payment for each completed year of service to a maximum of Thirty(30) years. h. All wage increases for period prior to 7/1/12 shall be implemented as of 7 /1/12 and retroactive pay shall be determined as of 7/1/12. 2 2. Article VIII of the collective bargaining agreement shall be modified as follows: All Employees in positions represented by the Union shall be granted vacation entitlements as follows: Years of Completed Service 1 -4 5 -12 13 -16 17 -21 22+ Entitlement in Tours I 2 3 4 5 The Parties agree that in no event shall any Member lose more than one tour of their current vacation entitlement because of this new entitlement scale. 3. Article III, Section 3.2 H shall be modified: The current minimum of four overtime hours will be reduced to two hours, effective upon ratification. 4. The following Section shall be added to Article V: As of /1113, any employee who calls in sick for a scheduled shift on a designated holiday shall not receive holiday pay for that day and shall have 5 hours deducted from their holiday pay allowance. 5. The following shall be added to Article XXVI: Effective upon ratification of the agreement, one fire company, and no more than one, shall be removed from service for each shift where there are five or more openings created by line company employees out on sick leave, subject to the following conditions: a. _ On ly an em ployee's sick leave absence or absences during the first.single tour of a _ sick leave absence shall be counted toward the five (5) employees out on sick leave for the purposes of this provision and that a member's sick leave absences in consecutive subsequent tours shall not be counted towards the five members out on sick leave required to trigger the Company removal. b. The Commissioner shall provide the Union with a list of the five (5) employees who have created the openings leading to the removal of a company at the beginning of any shift in which a company is removed from service. 3 c. This provision shall be suspended during the period of any Common Council approved temporary closing of one or more fire PORIP anies by the City. d. This provision shall immediately expire upon the permanent closing of one or more fire companies by the City. - b. The following changes shall be made to Article 1X: - - a. Section E is modified to read' Effective immediately, all employees will accrue sick leave at 9 hours per month. binser-t the — following to- replace the previously deleted Article IX— Section- E- (d) -of -th - - expired Collective Bargaining Agreement: Employees shall accumulate sick leave as long as they are in the service of the City. c. Delete Article IX, Section E. (f) of the expired Collective Bargaining Agreement and replace with the following: Upon a member's death or retirement, the first 1500 hours of unused sick leave shall be "bought back" at a ratio of 1:3. Any unused sick Ieave between 1500 and 2500 hours shall be "bought back" at a ratio of 1:2. 7. The following shall be added to the collective bargaining agreement: -04 WAJL RePPA � j ire C.r��• Upon ratification, the City will no long be required to provide linen service for the firehouses that have washers and dryers. As the City installs washers and dryers at additional firehouses, linen service will be discontinued at those houses. S. The following shall be added to the collective bargaining agreement: All employees hired on or after 1/112012 must maintain active domiciled residency in the City of Buffalo throughout their employment with the Department. 4 1 � 9. Section 8 of lOD Policy awarded to the City by the Rinaldo Interest Arbitration Award will be modified so that an employee will continue to accrue a contract benefits for the first 180 days of leave pursuant to §207 -a. After 180 days, the employee shall not accrue any contract benefits except for wages, applicable longevity, and health insurance; however, nothing e herein shall operate to restrict any benefit available under §207 -a. 3 10. The following shall be added to Article XIII: C. The City shall allow two (2) members of Local 282, the President and one other elected member of the Executive Board of Local 282 to be chosen by the Union, to be on full time release from their duties for union business. The Local 282 President shall be paid during - s uch -full- time - release -at - the - Captain pay rate unless. the President. hol a hi rank in which case he shall receive his or her higher pay rate and the second member shall be paid at his or her pay rate. �T �Ig ii cf `t Ci�ri — h ca" (C t7 1 kr - or „doe .l L-q 1( b'r p,+:a L:, pr t el 11, The following shall be added to Article IX Home Confinement Violation Penalties Effective upon ratification of the agreement, the following penalties shall be in effect for any employee who violates the home confinement provisions of the agreement: I" Offense Employee will have two (2) times the number of hours of the shift during which the violation occurred deducted from his or her accumulated sick leave. 2 d Offense within �I2)months of the Previous offense Employee will have three (3) times the number of hours of the shift during which the violation occurred deducted from his or her accumulated sick leave. 3rd Offense within Employee will have four (4) times the number of hours of twelve (12) months of the shift during which the violation occurred deducted from his or her accumulated sick leave. The Commissioner may impose these penalties without following the procedures set forth in Article XXIV, provided, however, that an employee shall retain the right to challenge any penalty imposed pursuant to the grievance /arbitration procedures after the imposition of the penalty. 5 If an employee is found to have violated the home corifiriement provisions of the -- a reement a fourth 4 time within a twenty-four( . 24 mfith eriod the Commissioner may allege all four violations and commence disciplinary proceeduigs pursuant to Article MV and seek any penalty, including dismissal from seivice, provided by such Article. 12. The Parties agree that the Health Insurance Proposal attached_ as Exhibit A shall be included -- in this agreement. - - 13. The Union agrees to withdraw or discontinue the grievances, PERB Charges, and lawsuits set for in Exhibit B. 1-4 -A11- terms- and - conditions -of employment, contract provisions, Interest Ar- bitr- anon - Decisions and past practices currently in effect that are not specifically modified or replaced by provisions of this agreement shall remain in full Force and effect unless mutually agreed to be modified by the parties. 15, This Agreement is subject to approval by the Common Council of the City of Buffalo. 16. This Agreement is subject to ratification by the membership of the Buffalo Professional Firefighters Association, Inc., Local 282, IAFF, AFL -CIO CITY OF BUFFALO By: _ X 11-4 -T4nrA-.-B-afl, Corporation Counsel By: / X - Omar Price, Director of Employee Relations BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC., LOCAL 282 IAFF, AFL -CIO c By: Daniel Cunningham, President CD Collective Bargaining Negotiations City of Buffalo - and tie Buffalo Professional Firefighters., International Association of Firefighters, Local 282 (AFL -CIO) HEALTH INSURANCE PROPOSAL 1 Al -l- employees - enrolled --in the BC/BS 201 POS health insurance-plan-on-Marl-7 shall remain in that plan at no cost to the employee, except that members shall continue to make their four year contributions as provided in paragraph (6) of the Memorandum of Agreement dated March 27, 2003 between the City of Buffalo and Local 282. 2. All firefighters hired after ratification of this contract shall contribute to their health insurance as follows: - 25% of the monthly premium for single coverage - 15% of the monthly premium for family coverage This provision modifies paragraph (6) of the Memorandum of Agreement dated March 27, 2003 between the City of Buffalo and Local 282. 3. All employees currently in the 901 Traditional plan shall be transferred into the BC/BS 201 * health insurance plan. The City shall cover the transferee's cost of any medically necessary in- network claim denied that would have been covered under the BC/BS 901 Traditional plan. The foregoing only applies to the benefit portions of the plans (e.g. unlimited speech therapy, occupational therapy, and physical therapy). The City shall not cover any medical riders, co- payments, or prescription costs associated with the BC/BS 901 Traditional health insurance plan. 4. Employees currently in the 901 Traditional plan who will be eligible for retirement on or before June 30, 2015 may opt to continue coverage under the 901 Traditional plan as follows: (a.) Effective immediately, all employees covered under the BC/BS 901 Traditional plans, single or family, shall contribute three hundred dollars ($300) to the monthly premium. (b.) Effective June 30, 2014, all employees covered under the BC/BS 901 Traditional plans, single or family, shall contribute six hundred dollars ($600) to the monthly premium. (c) Effective June 30, 2015, all employees, covered. under the BC/BS 901 Traditional plans, single or family, shall pay one. hundred percent (100°/x) of the difference in cost between the 201 POS and the 901 health insurance plans. (d) Such employees who retire on or before June 30, 2015 may elect the 901 Traditional health insurance coverage during retirement at no contribution cost. (e) Such employees who do not retire prior to June 30, 2015 shall not be able to retire with 901 coverage. Rather, these employees will receive 201* coverage upon retirement. Retirees enrolled in the 201 * plan will be provided with substantially equivalent coverage should they permanently relocate outside the Western New York coverage area. Said employees may elect to continue 901 coverage during their-active-career, provided they remain continuously en rolled. 5. All other employees who retire on or after July 1, 2015 shall receive BOBS 201 POS coverage at no cost to the employee, provided they are located in the Western New York coverage area. In the event that such a retiree permanently relocates outside the aforementioned coverage area, he or she will be provided with substantially equivalent coverage within that coverage area. 6. Employees who have retired or will retire on or after June 30, 2002 shall be required to enroll in Medicare Part B, as required to make Medicare the primary coverage and the City shall pay the cost of such Part B coverage. 7. The Cosmetic Rider shall expire and be forever extinguished upon the ratification of this contract. Upon request of the other party, the City and Union agree to meet in January of each year to negotiate changes in the health insurance plazas necessary to avoid the imposition of an excise tax applied to high cost plans under the Affordable Care Act. In the event that the parties cannot reach agreement on such changes by March lst of that year, either party may submit the proposed changes to expedited, last best offer interest arbitration to a mutually agreed upon arbitrator, who shall have the power to award a change in plan benefits, co- payments, deductibles, and co- insurance that will reduce the cost of the health care plan in order to avoid the excise tax. If the parties cannot reach agreement on the individual to serve as the arbitrator, either party may seek assistance regarding the selection pursuant to the New York State Public Employment Relations Board rules. N rituA jcej 2-oi -I.- 7-A -or phoc ' e-Aa!'t / - L p., ?Ji ZOO vo J-h ' 3C fc o l r— .00 —0 Li p Li e- ao ?L- - .77 - 0 it to Q 6 s- ck Memorandum of Agreement with the Buffalo Professional Firefighters Association, Local 282 Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Memorandum of Agreement between the City of Buffalo and the Buffalo Professional Firefighters Association, Inc., Local 282 IAFF, AFL -CIO, is hereby approved. PASSED CADocuments and SettingsklehnerlLocal SeniMATemporary Intemet Files%OLK1MMOA flrefighteMdocx 'R , - * AT.E * NO* FRM CZYK _ LGMBEK • L�► C�TO� •• , � � � � . PRMGM Rl'VIIft Rush SCAT N 213- 6 314- a FROM THE MAYOR - EXECUTIVE DEPARTMENT June 25, 2013 P FROM THE OFFICE OF STRATEGIC PLANNING # 2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 18, 2013 FROM: DEPARTMENT DIVISION SUBJECT Prior Council Reference Strategic Planning Real Estate Approve Land Disposition Agreement (LDA) Between the City of Buffalo and People United for Sustainable Housing, Inc. (PUSH) Redevelopment of 99 Chenango and Development of 335 -3 Massachusetts Niagara District Item No 5, C.C.P. 4/3112 The City has agreed to sell and PUSH ( "Developer ") has agreed to purchase 99 Chenango and 335 & 339 Massachusetts (the "Property "). The Developer has agreed to develop the Property in accordance with the provisions of the attached Land Disposition Agreement ( "LDA "); Developer shall redevelop the single family home located at 99 Chenango and develop two vacant lots located at 335 & 339 Massachusetts into a two family dwelling hereinafter referred to as the "Project ". The entire project consists of 3 sites for a total of 5 apartments (99 Chenango, 335 -339 Massachusetts and a property already owned by PUSH at 582 West Utica). The funds for the project that have been committed are City HOME funds in the amount of $322,817 (only to be used for 335 -339 Massachusetts); Funds from the NYS Sustainable Neighborhood Demonstration Program in the amount of $500,000 and Restore NY funds in the amount of $320,000. PUSH is also submitting an application to the Federal Home Loan Banking NY seeking $17,300 but if they are not able to secure this funding PUSH will cover the gap with other PUSH Funds. Your Honorable Body approved the designation of PUSH as Developer of 99 Chenango for a sale price of Five Thousand Four Hundred Dollars ($5,400) and also for the properties at 335 Massachusetts and 339 Massachusetts for a sale price of Eight Thousand Seven Hundred Dollars ($8,700) for a total sale price of Fourteen Thousand One Hundred Dollars ($14,100). It is agreed that Developer shall execute an Environmental Release and Indemnity Agreement. All provisions contained in said agreement shall run with the land constituting the Property and shall be binding upon Developer and all his successors and assigns as well as upon subsequent purchasers or owners of the Property. � FORM #2 — Page #2 TEXT CONTINUATION RE: 99 Chenango, 335 & 339 Massachusetts June 18, 2013 The City Planning Office has informed this office that this project was reviewed as per the New York State Environmental Quality Review Act. (SEQRA) and it was determined to be a Type 11 Action by the City of Buffalo Planning Board. Please be advised that in accordance with New York State Law (N.Y. PVH. Law Section 503) Sale or Lease of Municipal Lands to a Housing Company - Before any sale or lease to a housing company shall be authorized, a public hearing shall be held by the local legislative body to consider the proposed sale or lease It is now necessary for Your Honorable Body to set a public hearing and to direct — the publication of at least a ten day notice before the date set for the hearing in such publication and in such manner as designated by the local legislative body. Said hearing to be marked "Notice of Hearing" and shall be conducted at 2:00 p.m. in the Council Chambers on the 9 of July 2013. In the interest of time and anticipation that Your Honorable is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearting for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer After the public hearing is held and providing there are no significant objections, am recommending that Your Honorable Body approve the attached LDA between the City of Buffalo and PUSH or an entity acceptable to the Executive Director of the City's Office of Strategic Planning to be designated by PUSH in consideration of Fourteen Thousand One Hundred Dollars ($14,100) for the properties located at 99 Chenango and 335 -339 Massachusetts, providing the following conditions are satisfied: 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 estimted total project costs, for review and approval by the City. 2. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. 3. 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. FORM #2 — Page #3 TEXT CONTINUATION RE: 99 Chenango, 335 & 339 Massachusetts June 18, 2013 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 Two Hundred Fifty Dollars ($250.00) per month ( "Designation Fee ") by Developer to the Office of Real Estate, p within five (5) days from the date of Comm C ouncil a 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 Proper 6. Developer is responsible for performing any 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 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. 7 1, FORM #2 - Page #4 TEXT CONTINUATION RE: 99 Chenango, 335 & 339 Massachusetts June 18, 2013 7. 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. s. The Developer, and/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 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. 9. 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. 10. 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. 11. 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. 12. The terms and conditions of the final Land Disposition Agreement shall be substantially similar to those outlined in the attached Land Disposition Agreement. The final draft of the Land Disposition Agreement shall be negotiated to finalization and subject to review and approval of the Executive Director of the City's Office of Strategic Planning, the City of Buffalo Corporation Counsel's Office and the Common Council. Lastly providing there are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common Council; 1. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the LDA. 2. Authorize the Mayor to execute the LDA for the city owned properties located at 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars ($14;100). 3. Authorize the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title; and p FORM #2 — Page #5 TEXT CONTINUATION RE: 99 Chenango, 335 & 339 Massachusetts June 18, 2013 4. Authorize the Mayor execute the deed and any other necessary closing documents for the transfer of title. DEPARTMENT HEAD NAME: -..- TITLE:--- - - - - -- .. - -_ - SIGNATURE OF DEPARTMENT HEAD: CRN:plg C!inrem /privatesale /PUSH Council Approve LDA CHRISTIE R. NELSON DIRECTOR OF -- REAL -- ES T A E -------- - - - - -- - -- - OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON GO&HAPAUNITY DEVELOPMENT. a 1 CONTRACT FUR SALE OF LAND FOR PRIVATE DEVELOPMENT BY AND BETWEEN CITY OF BUFFALO Melt. PEOPLE UNITED FOR SUSTAINABLE HOUSING, INC. DEVELOPER M PART I i i p PART I TABLE OF CONTENTS SECTION PAGE 1. PURCHASE PRICE _ _ _ ` _ 2 2. CONVEYANCE OF PROPERTY 2 3. LIQUIDATED DAMAGES 5 4. TM FOR CERTAIN OTHER A CTIONS-- _- __________ 5 5. EXTENSIONS OF PERFORMANCE TIME 6 6. PERIOD OF DURATION OF COVENANT ON USE 7 7. NOTICES AND DEMANDS 7 S. SPECIAL PROVISIONS_ _ _ _ _ _ _ - _ _ - 7 9. PROHIBITION AGAINST ASSIGNMENT OF AGREEMENT 9 10. PROJECT SIGNS 11. COUNTERPARTS 10 LIST OF SCHEDULES SCHEDULE A LEGAL DESCRIPTION B ENVIRONMENTAL RELEASE CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT AGREEMENT, consisting of this Part I and Part n annexed hereto and made a part thereof (which Part I and Part II are together hereinafter called "Agreement "), made on or as of the day of April 2013, by and between the City of Buffalo , a New York State municipal corporation, (hereinafter called "City ") having its office at Room 920 City Hall, Buffalo, New York in the City of Buffalo, (hereinafter called "City "), State of New York, AND People United for Sustainable Housing, Inc. (hereinafter called "Developer "), a New York State company having an office for the transaction of business at 271 Grant Street, Buffalo, New York 14213. WITNESSETH WHEREAS, City has offered to sell and Developer is willing to purchase certain real property in Buffalo, New York,, as more particularly described in Schedule A annexed hereto and made part hereof (which property as so described is hereinafter called "Property "), and to develop Property for and in accordance with the uses specified in the provisions of this Agreement; and WHEREAS, Developer shall develop the Property by rehabilitating the single family dwelling at 99 Chenango and constructing a two family dwelling on the vacant lots located at 335 & 339 Massachusetts (hereinafter "The Project ") substantially in accordance with the Construction Plans (as hereinafter defined) approved by City. NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: � SECTION I - SALE; PURCHASE PRICE (A) Subject to all the terms, covenants, and conditions of this Agreement, City will sell Property to Developer, and Developer will purchase Property from City and pay therefore, the amount of Fourteen Thousand One Hundred Dollars ($14,100) (hereinafter called "Purchase Price "), of Which ten percent (10 %) has on the date of this Agreement been paid on account (the "Deposit "), the receipt of which is hereby acknowledged, and the balance shall be paid by Developer to City in cash or by certifled funds at the time of delivery of the deed conveying Property to Developer. SECTION 2 - CONVEYANCE OF PROPERTY Conditions Precedents Developer and City--understand-and-agree- that City's obligation to convey title to the Property and Developer's duty to accept title to the Property shall be subject to the satisfaction or waiver thereof of the following conditions precedent: (i) If not already approved, the approval of this Agreement by the Common Council of the City of Buffalo; (ii) Developer's delivery of the deposit required under Section i along with an executed copy of this Agreement within thirty (30) days following all necessary approvals as stated in Section 2 (i) above; (iii) Developer's submission to and approval by City of the Construction Plans pursuant to Article III of Part II of this Agreement; (iv) Developer's submission to City of evidence reasonably satisfactory to City of equity capital and/or mortgage financing pursuant to Section 303 of Part II of this Agreement and satisfaction of any contingencies with regard to mortgage financing; (v) Developer's submission to the City of Buffalo's Department of Economic Development, Permit and Inspection Services in accordance with Section 304 of Part Il of this Agreement hereof of an application for a building permit for the construction of the improvements; (vi) Reserved (vii) Evidence to the satisfaction of Developer that the Property is in compliance with all Federal and New York State Environmental statutes, rules and regulations. (B) Conditions Subsequent: Conveyance of title to the Property shall be subject to the conditions subsequent as provided for in Section 704 of Part II hereof. 2 (C) Form of Deed: City shall convey title to the Property to Developer by Quit Claim Deed (hereinafter called "Deed "). Such conveyance and title shall be subject to all conditions, covenants, and restrictions set forth or referred to elsewhere in this Agreement. (D) Closing: City shall deliver the Deed of the Property to Developer within sixty (60) days after the satisfaction of the conditions precedent set forth in Section 2(A) of this Agreement, or on such other date as the parties hereto may mutually agree upon in writing. Conveyance shall be made at the principal office of City, and Developer shall accept such conveyance and pay the balance of the Purchase Price, subject to any applicable closing adjustments, to City at such time and place. In the event that for any reason the Closing does not take place within ninety (90) days after the satisfaction of the conditions precedent set forth in Section 2A of this Agreement, then City shall 1-have-the. _ unilateral right to cancel this Agreement and the.Deposits.shall.be_....__. returned to Developer. Notwithstanding anything to the contrary which is contained in this Agreement, if the sale of the Property to Developer has not closed on or before. June 30, 2014, the City shall have the unilateral right to cancel this Agreement, without regard to the reasons for the sale not having closed. (E) Apportionment of Taxes: City and County taxes and sewer rentals allocable to the land and improvements, if any, shall he adjusted as of the date of delivery of the Deed in accordance with Section 520 of the New York Real Property Tax Law. (F) Recordation of Contract and Deed: At closing, Developer shall file this Agreement and the Deed for recordation among the land records at the Erie County Clerk's Office. Developer shall pay all costs (including but not limited to the cost of the New York Deed Tax or state /local transfer taxes on the Deed, for so recording the Deed and this Agreement. (G) Evidence of Title: Developer will provide all documentation with respect to title, including but not limited to title abstract, title commitment and survey with respect to the Property. In the event Developer desires a Certificate of Title Insurance, Developer shall obtain the same at its own cost and expense. City is under no obligation to provide title or survey materials. (11) Condition of Property: Developer specifically acknowledges and agrees that, City shall sell, and Developer shall purchase, the Property "AS IS; WHERE IS AND WITH ALL FAULTS," and Developer is not relying on any representations or warranties of any kind whatsoever, whether oral or written, express or implied, statutory or otherwise, from City, nor any officer, employee, attorney, agent or broker of City as to any matter concerning the Property, including (i) the quality, nature, habitability, merchantability, use, operation, value, marketability, adequacy or physical condition of the Property or any aspect or portion thereof, including, without limitation, structural elements, appurtenances, access, landscaping, parking, plumbing, sewage, and utility 1 systems, facilities and appliances, soils, geology and/or groundwater, (ii) the dimensions or lot size of the Property, (iii) the development or income potential, or rights of or relating to, the Property, or the Property's use, habitability, merchantability, or fitness, or the suitability, value or adequacy of the Property for any particular purpose, (iv) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property, (v) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental authority or of any other person or entity (including, without Iimitation, the Americans with Disabilities Act), (vi) the ability of Developer to obtain any necessary governmental approvals, licenses or permits for Developer's intended use or development of the Property, (vii) the presence or absence of Hazardous Materials on, in, under, above or about the Property or any adjoining or neighboring property, (viii) the quality of any labor and materials used in any improvements, if any, (ix) the condition of title to the Property, (x) the leases, contracts or any_.other.agreements. affecting the Property, if any, or the intentions of any party with respect to the negotiation and/or execution of any lease or contract with respect to the Property, (xi) City's ownership of the Property or any portion thereof, or (xii) the economics of, or the income and expenses, revenue or expense projections or other financial matters, relating to, the operation of the Property. Without limiting the generality of the foregoing, Developer expressly acknowledges and agrees that Developer is not relying on any representation or warranty of City, nor any officer, employee, attorney, agent or broker of City Agency, whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in° favor of Developer. This Section shall survive the delivery, acceptance and or recordation of this Agreement and the Deed. (1) Release and Indemnity Provision: Developer agrees to release, indemnify and hold harmless City as set forth in Schedule B attached hereto and made a part hereof SECTION 3 - LIQUIDATED DAMAGES In the event Developer shall fail or refuse to complete or perform any term, covenant, condition, agreement, provision, or stipulation under this Agreement, City may, at its option and subject to the applicable cure provisions contained in Part II of this Agreement, declare this Agreement terminated and void, and in such event City shall be released from any obligation to convey the Property to Developer, Developer shall have no further rights with respect to the Property and City may retain all monies paid on account as liquidated damages and not as a penalty. 4 SECTION 4 - TIME FOR CERTAIN OTHER ACTIONS (A) Time for Submission of Construction.Plans. The time within which Developer shall submit its "Construction Plans" (as defined in and pursuant to Section 301 of Part II hereon to City shall be not later than sixty (60) days from the date of the execution of this Agreement by Developer. Developer shall have the right to extend the time period for the submission of the Construction Plans for an additional sixty (60) days upon written notice and payment of an additional $500.00 deposit (the "Additional Deposit") to City and subject to the additional requirements set forth in Section 5. Said Additional Deposit shall be held by City and credited against the Purchase Price at Closing. The Additional Deposit and the Deposit are collectively referred to as the "Deposits ". (B) Time for City to Review Construction Plans. City shall have thirty (30) days from its receipt of the Construction Plans to review and approve or reject the same. In the event that City fails to approve or reject the Construction Plans within such thirty (30) day period, the Construction Plans shall be deemed approved by City. In the event City rejects the Construction Plans, City shall notify Developer thereof, in writing, which notice shall set forth City's reason or reasons for rejecting such plans. . (C) Time for Submission of Corrected Construction Plans. Except as provided in Paragraph (E) of this Section 4, the time within which Developer shall submit any new or corrected Construction Plans provided for in Section 301 of Part II hereof shall not be later than thirty (30) days after the date Developer receives written notice from City of City's rejection of the Construction Plans referred to in the latest such notice. (D) Time for City Action on Change in Construction Plans. The time within which City may reject any change or correction in the Construction Plans as provided in Section 302 hereof shall not be more than thirty (30) days after the date of City's receipt of notice of such changed plans. (E) Time for Submission of Evidence of Equity Capital and Mortgage Financing. The time within which Developer shall submit to City evidence as to equity capital and any commitment necessary for mortgage financing, as provided in Section 303 of Part II hereof, shall not be later than ninety (90) days after the approval of the construction plans by City'pursuant to Sections 413 or 4D herein. (F) Time for Application for Building Permit. The time within which Developer shall apply for a building permit for the project as provided in Section 304 of Part II hereof shall not be later than ninety (90) days after the approval of the construction plans by City pursuant to Sections 4B or 41) herein. (G) Time for Commencement and Completion of Construction. The time within which Developer shall commence construction of the Improvements referred to in Section 301 of Part II hereof shall not in any event be later than ninety (90) days after the date of the delivery of the Deed and the receipt of a building permit from City, except as otherwise provided in this Agreement, such construction shall be completed within twenty -four (24) months after the commencement of construction. (H) Time is of the Essence and Enforced Delays. All periods of time in which Developer has to perform its obligations under this Section 4, including any extension thereof, are stated and granted on the basis of "Time is of the Essence ". Notwithstanding anything else contained in this Agreement, all periods of time in which _ . __ ..... Dev_eloper has to perform its obligations under this Agreement,.including. any _. extensions _ .. _ thereof, shall be subject to, and extended by, any enforced delays described in Section 706 of Part II of this Agreement. SECTION S - EXTENSIONS OF PERFORMANCE TIME Except as already provided for in Section 4A, any extensions of the time in which Developer has to fulfill its obligations under Section 4 of this Agreement, other than an extension resulting from an "enforced delay" as described in Section 706 of Part II of this Agreement, shall be subject to the following conditions: (i) Developer shall request, in writing, from City, an extension of no more than one hundred twenty (120 days (hereinafter referred to as the "Extension Period'). Such request shall be delivered to the Executive Director of the City of Buffalo Office of Strategic Development, 65 Niagara Square in Room 920 City Hall, Buffalo, New York 14202, ( "Office ") with a copy to the Director of Real Estate, 65 Niagara Square, Room 901 City Hall, Buffalo, New York 14202. Such extension shall be granted at the reasonable discretion of the City. The granting of the extension by the City must be in writing and no course of conduct, implicit or explicit, and no failure to act by City or any of its officers or employees shall be deemed a granting of such extension. Any additional time extension must be approved by City, upon such terms and conditions as may be acceptable to City and shall be granted in the reasonable discretion of the City. SECTION 6 - PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to restrictions on the uses of the Property are set forth in Section 401 of Part II hereof. G 7 SECTION 7 - NOTICES AND DEMANDS Any notice, demand, or other communication under this Agreement by either parry to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) In the case of Developer, is addressed to or delivered personally to Developer at 271 Grant Street, Buffalo, New York 14213, Attention: Executive Director with a copy to the following: 7aec1de, Fleishmarm and Mugel LLP, Avant Building, Suite 900, 200 Delaware Av_enue,.Buffalo,.New York 14202 -2107, Attention: Matthew Palmieri __ . _.. (ii) in the case of the City, is addressed to or delivered personally to the Executive Director Office of Strategic Planning, 65 Niagara Square, Room 920 City Hall, Buffalo, New York 14202 with a copy to the Director of Real Estate, 65 Niagara Square, Room 901 City Hall, Buffalo, New York 14202or at such other address with respect to either party as that party may, from time to time designate in writing and forward to the other as provided in this Section. SECTION 8 - SPECIAL PROVISIONS (A) Right of Access for Testing and Investigation: Upon reasonable notice to City, City shall permit Developer to enter the Property for the purposes set forth in Section 203 of Part R of this Agreement, subject to the following conditions: FIRST: Prior to Developer entering upon the Property as herein provided, Developer shall secure and deliver to City a' certif cate evidencing general liability and automobile liability insurance coverage naming City as an additional insured. Said insurance coverage shall be maintained by Developer, at its own expense, for the duration of this Agreement in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by any one person and not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for property damage; to protect City, its agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Developer's entrance upon and/or work performed by or for Developer pursuant to this Section 8(A). SECOND: Each Certificate of Insurance shall contain a provision providing for thirty (30) days written notice to City of Developer's or insurance company's intention to cancel or materially change said policies. VA 1 5A THIRD: Developer agrees that all testing and investigations shall be performed in a good and workmanlike manner and that Developer shall take all appropriate precautions to safeguard against injury to persons and damage to property. FOURTH: Developer agrees to comply with all Federal, State, County and City laws, rules and regulations that are applicable to the Development of the Property. FIFTH: Developer agrees not to commence construction of the lmprovements on the Property prior to the written approval of the Construction PIans by City and the conveyance of the Property at Closing, unless expressly authorized in accordance with Section. S(B) of this Agreement. ... _...... . - - - -- SIXTH: Developer agrees, without limitation-and at-no cost-to-City, . to defend, indemnify and hold harmless City from any and all damages, claims, suits, actions, and costs (including without limitation reasonable attorney's fees) because of bodily injury or sickness, including death, sustained by any person or persons and from damage to or loss of property, including the loss of use thereof, caused directly or indirectly as a result of Developer's entrance upon and/or work performed by or for Developer pursuant to this Section. SEVENTH: Upon the completion of any such investigation or test, Developer shall promptly and at no cost to City restore the Property to its former condition prior to such test or investigation. (B) Early Entry for Construction of Improvements: In the event that Developer desires to commence construction on the Property prior to the transfer of title of the Property to Developer, Developer shall notify City in writing of same. City shall consider the request and may in the City's sole discretion grant to Developer the right to commence construction on the Property prior to the transfer of title of the Property upon such terms and conditions as City may require in a written early entry agreement to be executed by the parties, which shall include, unless waived by the City in its sole discretion the following: 1. Insurance coverage as required by the City shall be maintained by Developer at its expense for the duration of this Agreement in an amount of not less than ONE NIILLION DOLLARS ($1,000,000.00) for general liability for injuries or death sustained by any one person and not less than ONE MULLION DOLLARS ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for property damage; to protect City, their agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Developer's entrance upon and/or work performed by or for Developer pursuant to this Section of the Agreement. Each Certificate of Insurance shall contain a provision providing for thirty (30) days of written notice to City of Developer's or insurance company's intention to cancel or materially change said policies. Developer shall also provide proof of automobile liability insurance in the amount of at least $1,000,000 as well as workers compensation. City shall be named as additional insured on the general liability and automobile liability insurance policies. Developer agrees to indemnify, defend and hold City harmless from and against all liability arising in any manner out of the early entry for construction of improvements. 2. In the event that Developer fails to accept title to the Property pursuant to the Land Disposition Agreement or the Developer otherwise abandons its efforts to proceed with the Development of the Property, then Developer shall, at no cost to City, restore the Property to its former condition and either remove _any stnwiture,_or part thereof, which it constructed on the. Property_ or reimburse. City for the cost of removing said structure or thereof. 3. At no cost to City and prior to early occupancy and after the receipt of a building permit from City but prior to the commencement of construction, Developer shall deliver to City an irrevocable Documentary Letter of Credit, or other form of security acceptable to City in the amount of Fifty Thousand Dollars ($50,000.00), payable to City. In the event that Developer fails to accept title to the Property as set forth in Section 2 above, it is understood and agreed by the parties hereto that the said letter of credit shall be utilized for the sole and exclusive purpose of removing and/or securing any structure or improvements thereto or part thereof, constructed on the Property by Developer and/or for restoring the Property to its former condition. Any and all manner of claim, mechanics lien, encumbrance, liability and damage arising or resulting from any of the work performed by Developer shall be satisfied by Developer, at no cost to City, from a source other than the said letter of credit by vacating or bonding same within thirty (30) days of the filing date thereof. 4. Under no circumstances shall City be obligated to complete the construction of any Improvements commenced by Developer. 5. The right to enter upon the Property is reserved to the City. (C) Statements and Representations: The parties shall not be liable or bound by any verbal or written statements, representations, real estate brokers "set ups" or information pertaining to the Property furnished by any real estate broker, agent, employee, servant, or any other person, unless the same are specifically set forth. The parties fiuther acknowledge that, except as specifically set forth herein, neither party nor any agent or representative of either party have made, and the parties are not liable for or bound in any manner by, any express or implied warranties, guarantees, promises, statements, inducements or representation of information pertaining to the Property. 9 s (D) Indemnification: Developer agrees to defend and indemnify City against the claims of any broker arising as a result of any negotiations had by Developer with any broker in connection with this Agreement. Developer further agrees, at City's option, to provide legal counsel, representation and litigation expenses to City, at no cost to City, or to pay all legal fees of an attorney of City's choosing and all other costs of litigation for any litigation that may result from any claims that may be brought by any broker against City in connection with this Agreement. (E) E.C.I.D.A. Financing: In the event Developer shall elect to obtain financing from industrial development bonds issued by the Erie County Industrial _ Development. Agency. (E.C.I.D.A.), and if required by the E.U.D.A.,..fee simple title to . ......... Property(ies) shall be conveyed to the E.C.I.D.A., if title has not been previously conveyed to Developer, or Developer shall convey fee simple title to Property(ies) to E.C.I.D.A. upon the closing of its industrial revenue bond financing. Notwithstanding any other provisions contained in this Agreement, to the contrary, Developer and City agree that: 1) Upon written direction of Developer, City shall convey fee simple title to Property directly to the E.C.I.D.A; and 2) Notwithstanding such conveyance, Developer shall remain solely liable for all of Developer's obligations under this Agreement; and 3) Neither the E.C.I.D.A. nor City shall be obligated to assume or perform Developer's obligations under this Agreement. SECTION 9 - PROMITION AGAINST ASSIGNMENT OF AGREEMENT Notwithstanding anything to the contrary contained in this Agreement, except for an assignment pursuant to Section 503 (a) (1) or 503 (a) (2), Developer shall not assign this Agreement in whole or in part to any other party, corporation, partnership or other legal entity without the prior written approval of City, shall be given or withheld in City's sole discretion. 10 7 SECTION 10 - PROJECT SIGNS Developer agrees to construct and install a minimum of one (1) project sign described as follows: 1) Name of Project 2) City of Buffalo Honorable Byron W. Brown, Mayor David A. Rivera, District Councihnember Project signs shall be weatherproof and shall be carefully maintained, until project has been completed. Signs shall have a background of red, white and blue in three (3) equal horizontal segments. Size and number of signs shall be appropriate to the site and adequate to mark it. Signs shall not be smaller. than 4.' x. 6_' . or..larger. than .8' .x 8', except to meet special or local requirements. Developer shall submit a sample of the proposed sign to City for approval prior to sign construction. SECTION 11- COUNTERPARTS This Agreement may be executed in one or rnore counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 11 U` IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name and behalf by its and its seal to be hereunto duly affixed, and Developer has caused this Agreement to be duly executed in its name and behalf by its Executive Director , as of the first day above written. CITY OF BUFFALO BY: Byron W. Brown, Mayor People United For Sustainable Housing, Inc. BY: 0 ' V Aaron Bartley ITS: Executive Director 12 p STATE OF NEW YORK: COUNTY OF ERIE SS CITY OF BUFFALO: On the day of , 2013, before me, the undersigned, a Notary Public /Commissioner of Deeds in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC /COMMISSIONER OF DEEDS STATE OF NEW YORK: COUNTY OF ERIE SS CITY OF BUFFALO On the ' day of fO , 2013, before me, the undersigned, a Notary Public /Commissioner of Deeds in'an4 for said State, personally appeared Aaron Bartley personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her capacity, and that by his /her signature on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the instrument. --, N Y PUBLIC /COMMI ONER OF DEE S JOANNE N. JOHNSON 3tate`ifl friei York __ .. In Erie County My ComrnisBlon Expires: Aug. 6, 2Q 13 � SCHEDULE A LEGAL DESCRIPTION to be provided by Developer, at Developer's expense, and subject to the review and comment and/or approval or modification by the City. � SCHEDULE B ENVIRONMENTAL RELEASE AND INDEMNITY This Release and Indemnity Agreement is given by People United for Sustainable Housing, Inc. (hereinafter "Developer ") to the City of Buffalo ( "City ") as a condition of the delivery and acceptance of a Land Disposition Agreement and quitclaim deed from City to Developer of real property described on the attached Schedule A in Buffalo, New York (the "Property "). I. RELEASE PROVISION: Developer covenants and agrees at its sole cost and expense, to release, defend and save harmless City and its officers, employees, directors, agents and representatives (collectively, "City ") from and against any and all damages, losses, charges, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, - proceedings, costs, disbursements, and/or expenses, including without limitation, all attorneys' and experts' fees, costs of investigation, monitoring, remedial response, removal, restoration or permanent acquisition of any kind whatsoever, which may now or in the future be undertaken, suffered, paid, awarded, assessed, imposed, asserted or otherwise incurred by Developer, individually or collectively, at any time resulting from or arising out of: (a) the past, present or future presence, Release (as hereinafter defined) or threatened Release of, or human exposure to, any Hazardous Substances (as defined hereinafter) including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property or migrating to parcels now or hereafter owned by Developer; (b) any personal injury, wrongful death, or property or other damages arising under any statutory, common law or tort law theory, arising out of, or related to, the remediation of the Property by Developer; (c) Developer's failure to promptly undertake and/or diligently pursue to completion all necessary, appropriate and legally authorized investigative, containment, removal, clean-up and/or other remedial actions with respect to a release or threat of release of any Hazardous Substance, including but not limited to petroleum or petroleum based products, on, at or from the Property or migrating off the Property to any and all other locations off -site; (d) human exposure to any Hazardous Substance, including but not limited to petroleum or petroleum based products, noises, noxious fumes, vibrations, or nuisances of whatever kind arising out of, or relating to, the remediation or use of the Property by Developer; (e) a violation of any applicable state or federal statute or regulation with respect to any condition now or hereafter existing on the Property; (f) any investigation, prosecution, enforcement, action., suit, request to negotiate or consent order or other action by any governmental body or office, including but not limited to the New York State Department of Environmental Conservation ( "DEC') or the U.S, Environmental Protection Agency ( "EPA ") or any other Federal, State or local government agency with jurisdiction for Hazardous Substances arising out of, or relating to, the remediation or use of the Property by Developer; (g) any and all costs in connection with any cleanup, removal and /or investigation of Hazardous Substance or environmental contamination generated, stored, treated or deposited on or into the Property or migrating therefrom, whether from on or off site, for which legal requirements mandate be cleaned up at, remediated or removed from., the Property or any other property contaminated from the migration of Hazardous Substance off -site. (h) The release of City hereunder shall in no way be limited, abridged, impaired or otherwise affected by the following: (i) the release of Developer, the City or any other person from the performance or observance of this agreement by operation of law, City's voluntary acts or otherwise; (ii) the invalidity or unenforceability of any of the terms or provisions of any of the Property purchase documents and or related documents; (iii) any applicable statute of limitations; (iv) any investigation or inquiry conducted by or on behalf of the City or any other indemnitee (and or releasee) or any information which City or any other indemnitee (and or releasee) may have or obtain with respect to the environmental or ecological condition of the Property; (v) the sale, transfer or conveyance of all or part of the Property; (vi) the release or discharge in whole or in part of Developer in any bankruptcy, insolvency, reorganization, arraignment, readjustment, composition, liquidation or similar proceeding or; (vii) any other circumstances which might otherwise constitute a Iegal or equitable release or discharge, in whole or in part, of Developer. (i) Developer, and its representatives, agents, employees, successors, predecessors and or assigns, shall be precluded now and in the future from asserting any and all claims (whether direct claims, cross - claims, third -party claims, defenses, counter - claims or other types of claims) against City, individually or collectively, including any claims under (without limitation) the Resource Conservation and Recovery Act, the Oil Pollution Act, the Clean Air Act, the Clean Water Act, the Comprebensive Environmental Response, Compensation and Liability Act, the New York State Environmental Conservation Law, and or the New York State Navigation. Law. H. REPRESENTATIONS AND WARRANTIES: City makes no representations or warranties with respect to the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property, and /or migrating off the Property to any and all other locations off -site. City mares no representations or warranties as to any past, present or threatened non - compliance or violations of any Environmental Laws (or permits issued pursuant to any Environmental Law) in connection with the Property or operations thereon. III. DEVELOPER ACKNOWLEDGEMENTS; DEVELOPER SPECIIi ICLLY ACKNOWLEDGES AND AGREES THAT CITY SHALL CONVEY IT INTEREST IN THE PROPERTY TO DEVELOPER AND THAT DEVELOPER SHALL ACCEPT THE MM PROPERTY "AS IS, WHERE IS AND WITH ALL FAULTS" AND THAT DEVELOPER IS NOT RELYING UPON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTUORY OR OTHERWISE, FROM CITY NOR ANY OFFICER, EMPLOYEE, ATTORNEY, AGENT OR BROKER Of THE CITY AS TO ANY MATTER WHATSOEVER CONCERNING THE PROPERTY INCLUDING, BUT NOT BY WAY OF LIMITATION: (i) the quality, nature habitability, merchantability, use, operation value, marketability, adequacy or physical condition of the Property or any aspect or portion thereof, including, without limitation, structural elements, improvements, appurtenances, access, landscaping, parking, plumbing, sewage and utility systems, facilities and appliances, soil, geology and /or groundwater, (ii) the dimensions or lot size of the Property, (iii) the development or income potential, or rights of or relating to, the Property, or the Property's use, habitability, merchantability, or fitness, or the suitability, value, or adequacy of the Property for any particular purpose, (iv) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property, (v) the compliance of the Property or its operation with any applicable codes laws, regulations, statues, ordinances, covenants, conditions and restrictions of any Federal, State or local government authority or of any other person or entity (including without limitations, the Americans with Disabilities Act), (vi) the ability of Developer to obtain any necessary governmental approvals, licenses or permits for Developer's intended use or development of the Property, (vii) the presence or absence of Hazardous Substances on, in, under, above or about the Property, (viii) the quality of any labor or materials used in any improvements, (ix) the condition of title to the Property, (x) City's ownership of Property or any portion thereof or the City's use thereof or (xi) the economics of or the income and expenses, revenue or expense projections or other financial matters, relating to, the operation of the Property. Without limiting the generality of the foregoing, Developer expressly acknowledges and agrees that Developer is not relying upon any representation or warranty of City, nor any officer, employee, attorney, agent or broker of City, whether implied, presumed or expressly provided at Iaw or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in favor of Developer. Developer further acknowledges and agrees that City is under no duty to make any inquiry regarding any matter that may not be readily known by City and or by any officer, employee, attorney, agent or broker of City. This section and all provisions of this Agreement shall survive the delivery, acceptance and or recordation of the deed to which this Agreement is attached. Any reports, repairs or work required by Developer are the sole responsibility of Developer, and Developer agrees that there is no obligation on the part of City to make any changes, alterations or repairs to the Property or to cure any violations of law or to comply with requirements or any insurer. Developer, at DeveIoper's sole cost and expense, shall be responsible for obtaining any permits necessary for use of the Property and shall also be responsible for any repairs or alterations necessary for same, all at Developer's sole cost and expense. Developer agrees to remediate any and all Hazardous Substance or contamination generated, stored, treated on or at, the Property or deposited on, to or into the Property or migrating therefrom as may be directed by any governing regulating agencies, including but not limited to the DEC and/or EPA. By executing the Land Disposition Agreement, Developer acknowledges that Developer has had the right and a full opportunity to conduct any testing or other investigation of the Property and has fully availed itself of such right or has waived such right and opportunity. I10 �Al IV. DEFINITIONS: As used in this Agreement, the following terms shall have the following meanings: "Hazardous Substance" means, without limitation, any flammable explosives, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated bifenuels, petroleum and petroleum products, methane, hazardous materials, hazardous waste, hazardous or tonic substances and any other material defined as a hazardous substance in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801 et seq,; The Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq..; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulations, rule, ordinance, by -law, policy, guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. "Environmental Law" means any present and future federal, state and local Iaws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. The term "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right -to -Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act, the Clean Water Act; the Clean Air Act, the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. The term "Environmental Law" also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law; conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property. OE to "Release" with respect to any Hazardous Substance includes but is not limited to any release, deposit, discharge, emission, leafing, leaching, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. Release shall also have the same meaning as given to that term in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq., and the regulations promulgated thereunder and Articles 15 and 27 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder. "Remediation" includes but is not limited to any response, remedial, removal, or corrective action; any activity to clean up, detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance; any actions to prevent, cure or mitigate any Release of any Hazardous Substance; any action to comply with any Environmental Laws or with any permits issued pursuant thereto; any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to herein. "Legal Action" means any claim, suit or proceeding, whether administrative or judicial in nature. "Loss or Losses" includes any losses, damages, costs, fees, expenses, claims, suits, Judgments, awards, Iiabilities (including but not limited to strict liabilities), obligations, debts, diminution in value, fines, penalties, charges, costs of Remediation (whether or not performed voluntarily), amounts paid in settlement, foreseeable and unforeseeable consequential damages, litigation costs, attorneys' fees, engineers' fees, environmental consultants' fees, and investigation costs (including but not limited to costs for sampling, testing and analysis of soil, water, air, building materials, and other materials and substances whether solid, liquid or gas), of whatever kind or nature, and whether or not incurred in connection with any judicial or administrative proceedings, actions, claims, suits, judgments or awards to the extent recoverable at law or in equity. "Fines" or "Penalties" means any levy imposed by a governmental body or office, including but not limited to the DEC or EPA, authorized by statute or regulation, that is not directly or indirectly, compensation for, or reimbursement of, any actual cost incurred, liability imposed, or loss sustained by said governmental body or office or any other party. It is specifically understood that "fines" or "penalties" are levies imposed as a punitive or deterrent measure and do not include any other type of loss, except as otherwise defined by statute or regulation. FOR M V. THESE PROVISIONS TO RUN WITH THE LAND All of the provisions contained in this Agreement shall run with the land constituting the property and shall be binding upon Developer and all his successors and assigns as well as upon subsequent purchasers or owners of the Property. People United For Sustainable Housing, Inc. P, d.D-^ BY; Aaron Bartley ITS: Executive Director M. J TERMS & CONDITIONS OF CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT BY AND BETWEEN CITY OF BUFFALO ME PEOPLE FOR SUSTAINABLE HOUSING DEVELOPER Vvylval- ll -1 �1. PART II CONTENTS Section Page ARTICLE I. PREPARATION OF PROPERTY FOR DEVELOPMENT 101. Waiver of Claims and Joining in Petitions by Developer 1 ARTICLE Ii. RIGHTS OF ACCESS TO PROPERTY 201. Right of Entry for Utility Service I 202. Developer Not To Construct Over Utility Easements 2 203. Access to Property 2 ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION IMPROVEMENTS; CERTIFICATE OF COMPLETION 301. Plans for Construction of Improvements 2 302. Changes in Construction Plans 3 303. Evidence of Equity Capital and Mortgage Financing 3 304. Application for Building Permit . 3 305. Approvals of Construction Plans and Evidence of Financing As Conditions Precedent to Conveyance 4 306. Commencement and Completion of Construction of Improvements 4 307. Progress Reports 4 308. Certificate of Completion 4 309. Approval of Construction Plans 5 i ARTICLE IV. RESTRICTION UPON USE OF PROPERTY 401. Restriction on Use 402. Covenants: Binding Upon Successors in Interest; Period of Duration 403. City Right to Enforce ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER 501. Representations As to Development 502. Prohibition Against Transfer of Ownership Interests; Binding Upon Shareholders Individually 503. Prohibition Against Transfer of Property and Assignment of Agreement 504. Information as to Shareholders ARTICLE VI. MORTGAGE FINANCING: RIGHTS OF MORTGAGEES 601. Limitation Upon Encumbrance of Property 602. Mortgagee Not Obligated to Construct 603. Copy of Notice of Default to Mortgagee 604. Mortgagee's Option to Cure Defaults 605. City's Option to Pay Mortgage Debt or Purchase the Property 606. City's Option To Cure Mortgage Default 607. Mortgage and Holder 5 5 k , 7 E 10 10 10 10 11 12 12 ii � ARTICLE VII. REMEDIES 701. In General 12 702. Termination by Developer Prior to Conveyance 12 703. Termination by City Prior to Conveyance 13 704. Revesting Title in City Upon Happening of Event 14 Subsequent to Conveyance to Deyeloper 705. Other Rights and Remedies of City No Waiver by Delay 15 706. Enforced Delay in Performance for Causes Beyond Control 16 of Parry 707. Rights and Remedies Cumulative 16 708. Parry in Position of Surety With Respect to Obligations 16 ARTICLE VIII. MISCELLANEOUS 801. Conflict of Interest_ City Representatives Not 17 Individually Liable 802. Equal Employment Opportunity 17 803. Living Wage Ordinance of the City of Buffalo 17 804. Provisions Not Merged With Deed 17 805. Titles of Articles and Sections 18 iii r� This Section Intentionally Deleted. ARTICLE I ARTICLE H RIGHTS OF ACCESS TO THE PROPERTY SECTION 201 Right of Eqta for Utility Service. The City reserves for itself and any public utility company, as may be appropriate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines. SECTION 202 Developer Not to Construct Over Utility Easements Developer shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities, unless such construction is provided for in such easement or has been approved by the City. If approval for such construction is requested by Developer, City shall use its best efforts to assure that such approval shall not be withheld unreasonably. SECTION 203 Access to the Property Prior to the conveyance of the Property by City to Developer, City shall permit representatives of Developer to have access to any part of the Property as to which City holds title at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement in accordance with the provisions of Section 8(A) of Part I of the Agreement. After the conveyance of the Property by City to Developer, Developer shall permit the representatives of City access to the Property at all reasonable times, and upon reasonable notice to Developer, which any of them deems necessary for the purpose of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. ARTICLE III CONSTRUCTION PLANS; CONSTRUCTION OF THE MROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301 Plans for Construction_ of the Improvements Plans and specifications with respect to the Development of the Property and the construction of improvements thereon shall be in conformity with the Agreement, and all applicable Federal, State and local laws and regulations. As promptly as possible after the date of the Agreement, and, in any event, no later than the time specified therefor in Paragraph (A), Section 4 of Part I hereof, Developer shall submit to City for approval by City, plans, drawings, specifications, and related documents (including a proposed construction schedule) for the Improvements to be constructed by Developer on the Property. Such plans, drawings, specifications, related documents, together with any and all changes therein that may thereafter be made and submitted to City as herein provided, are, except as otherwise clearly indicated by the context, hereinafter collectively called the "Construction Plans." The Construction PIans shall be in sufficient completeness and detail to show that such Improvements and construction thereof will be in accordance with the provisions of the Agreement. The Construction Plans shall include the site plan, the elevations, foundation and structural plans, and mechanical, electrical and plumbing plans for the build out of the building and central building systems. City shall, if the Construction Plans submitted by Developer conform to the provisions of the Agreement, approve such Construction Plans in writing and no further filing by Developer or approval by City thereof shall be required under the Agreement, except with respect to any material change in the Construction Plans. Such Construction Plans shall, in any event, be deemed approved by City unless rejection thereof in writing by City, in whole or in part, setting forth in detail the reasons therefore, shall be made within thirty (30) days after the date of their receipt by City. If City so rejects the Construction Plans, in whole or in part, as not being in conformity with the Agreement, Developer shall submit new or corrected Construction Plans which are in conformity with the Agreement within the time specified therefore in Paragraph (C), Section 4 of Part I hereof, after written notification to Developer of the rejection. All work with respect to the Improvements to be constructed or provided by Developer on the Property shall be in conformity with the Construction Plans as approved by City. The term "Improvements ", as used in the Agreement, shall be deemed to have reference to the Improvements as provided and specified in the Construction Plans as so approved. SECTION 302 Changes in the Construction Plans. If Developer desires to make any change in the Construction Plans after their approval by City, Developer shall submit the proposed change to City for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of Section 301 hereof with respect to such previously approved Construction Plans, City shall approve the proposed change and notify Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by City unless rejection thereof, in whole or in part, by written notice thereof by City to Developer, setting forth in detail the reasons therefore, shall be made within the period specified therefore in Paragraph (D), Section 4 of Part I hereof. SECTION 303 Evidence of EqMLty Equity Capital and Mortgage Financin . As promptly as possible after approval by City of the Construction Plans, and, in any event, no later than the time specified therefore in Paragraph (E), Section 4 of Part I hereof, Developer shall submit to City evidence satisfactory to Agency that Developer has the equity capital and commitments for mortgage financing necessary for the construction of the Improvements. SECTION 304 Application for Building Permit. As promptly as possible after the approval by City of the Construction Plans, and, in any event, no later than the time specified therefore in Paragraph (F), Section 4 of Part I hereof, Developer shall submit to the City of Buffalo Department of Economic Development, Permit and Inspection Services an application for a building permit for the Improvements to be constructed by Developer on the Property. 2 U SECTION 305 Approvals of the Construction Plans and Evidence of Financing As Conditions Precedent to Conve ante. The submission of the Construction Plans and their approval by City as provided in Section 301 hereof, and the submission of evidence of equity capital and commitments for mortgage financing as provided in Section 303 hereof, and the submission of an application for a building permit as provided in Section 304 are conditions precedent to the obligation of City to convey the Property to Developer. SECTION 306 Commencement and Completion of Construction of Improvements . - Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of Developer for itself and such successors and assigns, that Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the Development of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4(G) of Part I hereof and be completed within the period specified in such Section 4(G). It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of City and enforceable by City against Developer and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 307 Progress Reports Subsequent to conveyance of the Property or any part thereof to Developer, and until construction of the Improvements has been completed, Developer shall make on a monthly basis or at such other interval as may be reasonably requested by City progress reports in such detail as may be reasonably requested by City from time to time as to the actual progress of Developer with respect to the construction of the Improvements which progress reports shall be delivered to Office. SECTION 308 Certificate of Completion (a) Promptly after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of Developer to construct the Improvements (including the dates for beginning and completion thereof), City will furnish Developer with an appropriate instrument so certifying. Such certification by City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of Developer, and its successors and assigns, to construct the Improvements and the dates for the beginning and completion thereof. � (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Developer may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, certify to the Developer that such Improvements have been made in accordance. with the provisions of the Agreement. Such certification shall mean and provide, and the Deed shall so state, (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not because of such purchase or lease incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the Property as a result of a default in or breach of any provisions of the Agreement or the Deed by the Developer or any successor in interest or assign, unless (I) such default or breach be by the purchaser or lessee, or any successor in interest to or assign of such individual part or parcel with respect to the covenants contained and referred to in Section 401 hereof, and (ii) the right, remedy, or control relates to such default or breach. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the property, including the Deed. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City . shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. SECTION 309 Approval of Construction Plans Submission of the Construction PIans or any changes therein by Developer to City, or the approval (or deemed approval) thereof by City shall not relieve Developer of its obligation to obtain all demolition and building permits, a certificate of occupancy and a certificate of completion from the appropriate governmental agencies. ARTICLE IV RESTRICTION UPON USE OF THE PROPERTY SECTION 401 Restriction on Use Developer agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of Developer for itself, and such successors and assigns, that Developer, and such successors and assigns, shall not discriminate upon the basis of race, color, creed, gender or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. 4 6% SECTION 402 Covenants Binding Upon Successors in .Interest; Period of t _..._. Duration It is intended and agreed, and the Deed shall so expressly provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the City of Buffalo and their successors and assigns, against Developer, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the Agreement and covenant provided in Subdivision (a) of Section 401 hereof shall remain in effect without limitation as to time. Provided, that such agreements and covenants shall be binding on Developer itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. SECTION 403 City Ri hg t to Enforce In amplification, and not in restriction of, the provisions of the preceding Section, it is intended and agreed that the City and its successors and assigns and the United States shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall (and the Deed shall so state) ran in favor of the City for the entire period during which such agreements and covenants shall be in force and effect. The City shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501 Representations As to Development Developer represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of Development of the Property and not for speculation in land holding. Developer further recognizes that in view of (a) the importance of the Development of the Property to the general welfare of the community; 5 Ii (b) the substantial financing and other public aids that have been made available by law and by the Federal, State and local governments for the purpose of making such Development possible; and (c) the fact that a transfer of the ownership interests in Developer or of a substantial part thereof or any other act or transaction involving or resulting in significant change in the ownership or distribution of such interests or with respect to the identity of the parties in control of Developer or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by Developer, and that the qualifications and identity of Developer and its shareholders are of particular concern to the community and City. Developer further recognizes that it is because of such qualifications and identity that City is entering into the Agreement with Developer, and in so doing, is further willing to accept and rely on the obligations of Developer for the faithful performance of all undertakings and covenants in the Agreement. SECTION 502 Prohibition Against Transfer of Ownership Interests: Binding Upon Individual Owners For the reasons set forth in Section 501, Developer represents and agrees for itself and the individuals holding ownership interests in Developer, respectively, that: Prior to completion of the Improvements as certified by City, and without the prior written approval of City, such approval not to be unreasonably withheld, (a) there shall be no transfer by any party owning 10 percent or more of the ownership interests in Developer (which term shall be deemed for the purposes of this and related provisions to include successors in interest of such ownership interests or any part thereof or interest therein), (b) nor shall any such owner suffer any such transfer to be made, (c) nor shall there be or be suffered to be made by Developer, or`by any owner of 10 percent or more of the ownership interests therein, any other similarly significant change in the ownership of such ownership interests or in the relative distribution thereof, or with respect to the identity of the parties in control of Developer or the degree thereof, by any other method or means, whether by increased capitalization, merger with another corporation, corporate or other amendments, issuance of additional or new ownership interests or classification of ownership interests, or otherwise. With respect to this provision, Developer represents that it has the authority of all of its existing owners to agree to this provision on their behalf and to bind them with respect thereto. R �V SECTION 503 Prohibition Against Transfer of the Pro e and Assignment of A eement. For the reasons set forth in Section 501, Developer represents and agrees for itself, and its successors and assigns, that: (a) Except only: (1) By way of security for, and only for, (i) the purpose of obtaining financing necessary to enable Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other .purpose authorized by the Agreement, and (2) As to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, Developer is authorized to convey or lease as such Improvements are completed, Developer (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improvements as certified by City, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of City which approval shall be given or withheld in the City's sole discretion. Provided that prior to the issuance by City of the certificate provided for in Section 308 hereof as to completion of construction of the Improvements, Developer may enter into any agreement to sell, lease or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that. (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by City, necessary and adequate to fulfill the obligations undertaken in the Agreement by Developer (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). 7 (2) Any proposed transferee, by instrument in writing satisfactory to City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of City, have expressly assumed all of the obligations of Developer under the Agreement and agreed to be subject to all the conditions and restriction to which Developer is subject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part). Provided, that the fact that any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by City) relieve or except such transferee or successor of or from such obligations, conditions, or restriction, or deprive or limit City. of or with respect to any rights or remedies or controls with respect to the Property or the construction of the Improvements; it being the intent of this, together with other provisions of the Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement) no transfer of, or change with respect to, ownership in the Property or any part thereof, or any interest therein, however, consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit City of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to the Property and the construction of the Improvements that City would have had, had there been no such transfer or change. (3) There shall be submitted to City for review all instruments and other legal documents involved in effecting transfer; and, if approved by City, its approval shall be indicated to Developer in writing. (4) The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to Developer of the Property (or allocable to the part thereof or interest therein transferred) and the Improvements, if any, therefore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property (or any parts thereof other than those referred to in Subdivision (2), Paragraph (a) of this Section) for profit prior to the completion of the Improvements and to provide that in the eventuality such assignment or transfer is made (and is not canceled), City shall be entitled to increase the Purchase Price to Developer by the amount that the consideration payable for the assignment or transfer is in excess of the amount that may be authorized, pursuant to this Subdivision, and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to City. Provided that in the absence of specific written agreement by City to the contrary, no such transfer or approval by City thereof shall be deemed to relieve Developer, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obligations with respect thereto. SECTION 504 Information As To Ownership In order to assist in the effectuation of the purposes of this Article, Developer agrees that during the period between execution of the Agreement and completion of the Improvements as certified by City: (a) Developer will promptly notify City of any and all changes whatsoever in the ownership of Developer, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interests or in the relative distribution thereof, or with respect to the identity of the parties in control of Developer or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) Developer shall, at such time or times as City may request, furnish City with a complete statement, subscribed and sworn to by the. President or other executive officer of Developer, of the extent of their respective holdings, and in the event any other parties have an ownership interest in Developer, their names and the extent of such interest, all as determined or indicated by the records of Developer, by specific inquiry made by any such officer of all parties who on the basis of such records own 10 percent or more of the shares in Developer, and by such other knowledge or information as such officer shall have. Such lists, data and information shall in any event be furnished to City immediately prior to the delivery of the Deed to Developer and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until a certificate of completion pursuant to Section 308 is issued. ARTICLE VI MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601 Limitation Upon Encumbrance of the Pro ert . Prior to the completion of the Improvements, as certified by City, neither Developer nor any successor in interest.to the Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements and (b) such additional funds, if any, in an amount not to exceed the sum of the Purchase Price paid by Developer to City. Developer (or successor in interest) shall notify City in advance of any. financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of Developer or otherwise. 9 SECTION 602 Mortgagee Not Obligated to Construct Notwithstanding any of the provisions of the Agreement, including but not Iimited to those which are or are intended to be covenants running with the land, the holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other parry who thereafter obtains title to the Property or such part from or through such holder or (b) any other purchaser at foreclosure sale (other than the holder of the mortgage itself) shall in no respect be obligated by the provisions of the Agreement to construct or complete the Improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder. Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the e Agreement. SECTION 603 Copy of Notice of Default to Mortgagee Whenever City shall deliver any notice or demand to Developer with respect to any breach or default by Developer in its obligations or covenants under the Agreement, City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of City. SECTION 604 Mortga�ee's_Option_to Cure Defaults After any breach or default'referred to in Section 603 hereof, each such holder shall (insofar as the rights of City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage. Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect the Improvements or construction already made) without first having expressly assumed the obligation to City by written agreement satisfactory to City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to City, to a certification or certifications by City to such effect in the manner provided in Section 308 of the Agreement, and any such certification shall, if so requested by such holder, mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that City shall have or be entitled to because of failure of Developer or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or because of any other default in or breach of the Agreement by Developer or such successor, shall not apply to the part or parcel of the Property to which such certification relates. 10 6, 11 605 City Option to Pay Mortgag_e_Debt or Purchase the Property In any case, where, subsequent to default or breach by Developer (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof: (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified and informed of the default or breach; or (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by City so to do, The City shall (and every mortgage instrument made prior to completion of the Improvements with respect to the Property by Developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property or part thereof has vested in such holder by way of foreclosure or action in lieu thereof, City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in Iieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improvements made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606 City Option To Cure Mortgage Default In the event of a default or breach prior to the completion of the Improvements by Developer, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, City may at its option cure such default or breach, in which case City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or otherwise, to reimbursement from Developer or successor in interest of all reasonable costs and expenses incurred by City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement. Provided, that any such lien shall be subject always to the lien of (including any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. 11 SECTION 607 Mortgage and Holder. For the purposes of the Agreement: The term "mortgage" shall include a deed of trust or other instrument creating and encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation or condition secured by such mortgage or deed of trust. ARTICLE VII REMEDIES SECTION 701 In General Except as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such parry (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its option to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702 Termination by Develo er Prior to Conveyance. In the event that: (a) The City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in the Agreement, and any such failure shall not be cured within thirty (3 0) days after the date of written demand by Developer; or (b) The Developer shall, after preparation of Construction Plans satisfactory to City, furnish evidence satisfactory to City that it has been unable, after and despite diligent effort to obtain mortgage financing for the construction of the Improvements on a basis and on terms that would generally be considered satisfactory by builders or contractors for the Construction Plans, then the Agreement shall, at the option of Developer, be terminated by written notice thereof to City, and, except with respect to the return of the Deposits as provided below, neither City nor Developer shall have any further rights against or liability to the other under the Agreement. In the event Developer terminates the Agreement under Section 702(x) due to City's failure to convey title to the Property, Developer shall be entitled to a return of the Deposits paid by Developer under the Agreement. 12 l.� SECTION 703 Termination by Cjjy Prior to Conveyance In the event that: (a) prior to conveyance of the Property to Developer and in violation of the Agreement: (i) DeveIoper (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein, or in the Property, or (ii) there is any change in the ownership or distribution of the ownership interests in Developer or with respect to the identity of the parties in control of Developer or the degree thereof; or (b) The Developer does not submit to City Construction.Plans as required by the Agreement, apply for a building permit, or, except as excused under Subdivision (b) of Section 702 hereof, submit to City evidence that it has the necessary equity capital and mortgage financing in satisfactory form, in the manner and by the dates respectively provided in the Agreement; or (c) Developer does not pay the Purchase Price and take title to the Property upon tender of conveyance thereof by City pursuant to the Agreement, and if any default or failure referred to in Subdivisions (b) and (c) of this Section shall not be cured within ninety (90) days after the date of written demand by City, then the Agreement, and any rights of Developer, or any assignee or transferee, in the Agreement, or arising therefrom with respect to City or the Property, shall, at the option of City, be terminated by City, in which event, the Deposits shall be retained by City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither Developer (or assignee or transferee) nor City shall have any further rights against or liability to the other under the Agreement. SECTION 704 Revesting Title in Cijy Upon Happening of Event Subsequent to Conveyance to Developer In the event that subsequent to conveyance of the Property or any part thereof to Developer and prior to completion of the Improvements as certified by City: (a) The Developer (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within three (3) months (six (6) months, if the default is with respect to the date for completion of the improvements) after written demand by the City so to do and provided that the limited partners of the owner of the Property have the right and are provided an opportunity during such period to cure such default; or 13 0 (b) Developer (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or Iien removed or-discharged or provision satisfactory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by City so to do and provided that the Iimited partners of the owner of the Property have the right and are provided an opportunity during such period to cure such default; or (c) There is, in violation of the Agreement, any transfer of the Property or any part thereof, or any change in the ownership or distribution of the shares of Developer, or with respect to the identity of the parties in control of Developer or the degree thereof, and such violation shall not be cured within ninety (90) days after written demand by City to Developer, then City shall have the right to re -enter and take possession of the Property and to terminate (and revest in City) the estate conveyed by the Deed to Developer, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to Developer shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by Developer specified in Subdivisions (a), (b), and (c) of this Section, failure on the part of Developer to remedy, end, or abrogate such default, failure, violation, or subdivisions, within the time to cure provisions stated herein, City at its option may declare a termination in favor of City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to Developer, and that such title and all rights and interests of Developer, and any assigns or successors in interest to and in the Property, shall revert to City. Provided that such condition subsequent and any reverting of title as a result thereof in City (1) shall always be subject to and 1imited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 307 hereof. In addition to, City shall have the.right to retain all deposits paid by Developer under Part I of the Agreement without any deduction, offset or recoupment whatsoever, in the event of a default, violation or failure of Developer as specified in the preceding sentence. 14 SECTION 705 Other Rights and Remedies of Ci , No Waiver by Del a . City shall have the right to institute such actions or proceedings as it may deem desirable for effectuating the purposes of this Article, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of Developer, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certificate of completion as provided in Section 308 hereof is to be delivered, and the subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in City. Provided that any delay by City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that City should not be constrained (so as to avoid the risk of being deprived. of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, Iaches, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by City with respect to any specific default by Developer under this Section be considered or treated as a. waiver of the rights of City with respect to any other defaults by Developer under this Section or with respect to the particular default except to the extent specifically waived in writing. SECTION 706 Enforced Delay in Performance for Causes Beyond Control of Party. For the purposes of any of the provisions of the Agreement, neither City nor Developer, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to the preparation of the Property for Development, or the beginning and completion of construction of the Improvements, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to enforceable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of public enemy, acts of the Federal Government, acts of the other party, any litigation, administrative proceedings or other actions brought by outside third parties, fires, floods, epidemics, quarantine restrictions, strikes, freight, embargoes, and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of City with respect to the preparation of the Property for Development or of Developer with respect to construction of the Improvements, as the case may be, shall be extended for the period of the enforced delay as determined by City. Provided that the party seeking the benefit of the provisions of this Section shall, within twenty (20) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. 15 SECTION 707 Rights and Remedies Cumulative The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. SECTION 708 PyLtj in Position of Sure With Respect to Obligations. Developer, for itself and its successors and assigns, and for all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (others) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII MISCELLANEOUS SECTION 801 Conflict of luterest• Ci1y Representatives Not Individuall Liable No member, director, officer, or employee of City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, officer, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, director, officer, or employee of City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. SECTION 802 Equal Employment Opportuni . Developer, for itself and its successors and assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) Developer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Developer will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by City setting forth the provisions of this nondiscrimination clause. i[1 / 1 0 (b) Developer will, in all solicitations or advertisements for employees placed by or on behalf of Developer, state that a[1 qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Developer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (d) The Developer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor pursuant thereto, and will permit access to the Developer's books, records, and accounts by the City, , and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (e) In the event of the Developer's noncompliance with the nondiscrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Developer may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (f) The Developer will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Developer will take such action with respect to any construction contract, subcontract, or vendor, as the case may be. The Developer will take such action with respect to any construction contract, subcontract, or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Developer becomes involved in, or is threatened with, litigation with a . subcontractor or vendor as a result of such direction by the City, the Developer may, request the City to enter into such litigation to protect the interests of the City. For the purpose of including such provisions in any construction contract, subcontract, or purchase order, as required hereby, the first three lines of the Section shall be changed to read "During the performance of this Contract, the Contractor agrees as follows: ", and the term "Developer" shall be changed to "Contractor ". 17 ;I� SECTION 843 Provisions Run with the Land and are Not Mer ed With Deed. All provisions of this Agreement shall run with the land and shall be binding upon Developer and all successors and assigns and transferees. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transferring title to the Property from City to Developer or any successor an interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804 Titles of Articles and Sections Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. it] 09003 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 18, 2013 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Amend Lease Agreement Between City of Buffalo And Grassroots Gardens of Buffalo — Delete Five (5) Properties (1226 Fillmore, 115 & 117 Koons and 20 & 24 Miller) Fillmore & Masten Districts PRIOR COUNCIL REFERENCE: Item No. 3, C.C.P. 111312012, Item No. 4,10/3/2006 In the above referenced item Your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. The lease agreement expired on October 31, 2010 and they are now considered a month to month tenant. The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend their lease agreement to delete the following properties: Address Sponsor 1226 Fillmore Northampton Block Club, Wendell Whitaker 25 Parkside Avenue, Buffalo, NY 14214 115 & 117 Koons B.E.S.T. Community Association Sophie Baj 31 Miller Street, Buffalo, New York 14212 20 & 24 Miller Miller St. Block Club Anthony Gensicki, 17 Miller Avenue, Buffalo, NY 14212 All other terms and conditions of the lease approved by the Common Council on October 3, 2006 for the period of September 1, 2006 through October 31, 2010, shall remain the same. am recommending that Your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo and delete 1226 Fillmore, 115 & 117 Koons and 20 & 24 Miller. DEPARTMENT HEAD NAME: Christie R. Nelso TITLE: Director of Re state, ffic of Strategi lanning SIGNATURE OF DEPARTMENT HEAD: CRN:pIg v / 7 1) Amendment to Lease Agreement — Grassroots Gardens of Buffalo (Fill and Masten)(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 June 18, 2013, be received and filed; and That the Common Council hereby approves the amendment to the lease agreement for Grassroots Gardens of Buffalo to delete 1226 Fillmore, 115 Koons, 117 Koons, 20 Miller and 24 Miller from the lease agreement as listed on the June 18, 2013 communication from the Division of Real Estate. PASSED CADocuments and SettingslclehnerSLocal Settings\Temporary Internet HeAOLK1D\Amend to Lease Agreement- Grassroots.docx 4i - &AYE *NU* FONTANA Moral m 140CKTRTO � . . � � . RUSSM SCAMON 213 -6�� 314- 00001_ # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 18, 2013 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Utility Easement Agreement Niagara Mohawk (a.k.a. National Grid) for use of City Owned Property — Tifft Nature Preserve South District The Department of Public Works, Parks & Streets has forwarded the attached proposed easement agreement from National Grid to this office to process accordingly. The City has requested National Grid to relocating the overhead line to make the area more aesthetically pleasing. National Grid has also indicated that there are some lines hanging low near where the public goes fishing. The attached easement services only the Tifft Nature Preserve and no other property. Attached is the proposed easement, diagram of the area, legal description, along with a Utility Rider for Your Honorable Body's approval. The Land Use Planning Committee, the Department of Public Works and the Corporation Counsel's Office were contacted and they had no objections. Therefore, I am recommending that Your Honorable Body approve the attached easement agreement which has been reviewed and approved by the Corporation Counsel. I am further recommending that Your Honorable Body to authorize the Mayor to execute the same. DEPARTMENT HEAD NAME TITLE SIGNATURE OF DEPARTMENT HEAD: CRN:pIg Caleaselc Tifft Easement Christie R. Nelson Director o eal qstate Office Strateg Planning i 1?�f GRANT OF EASEMENT THE CITY OF BUFFALO, a domestic municipal corporation, with its place of business at 501 City Hall, Buffalo, New York 14202 (hereinafter referred to as "Grantor "), for consideration of One Dollar ($1.00), and other valuable considerations paid, the receipt and sufficiency of which are hereby acknowledged under seal, hereby grants to NIAGARA MOHAWK POWER CORPORATION, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse, New York 13202 and VERIZON NEW YORK, INC., a New York corporation, having an address of 170 West Street, New York, New York 10007, (hereinafter collectively referred to as "Grantees "), for Grantees and their lessees, licensees, successors, and assigns, the perpetual right and easement as described in Section I below (the "Easement") in, under, through, over, across, and upon the Grantor's land, as described in Section 2 below (the "Grantor's Land "). Section 1 — Description of the Easement The "Easement" granted by the Grantor to the Grantees consists of a perpetual easement and right -of -way, with the right, privilege, and authority to: a. Construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at their pleasure, remove any poles or lines of poles, supporting structures, cables, crossarms, overhead and underground wires, guys, guy stubs, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and other fixtures and appurtenances (collectively, the "Facilities "), which the Grantees shall require now and from time to time, for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and communication purposes, by any means, whether now existing or hereafter devised, for public or private use, in, upon, over, under, and across that portion of the Grantor's Land described in Section 3 below (the "Easement Area" ), and the highways abutting or running through the Grantor's Land, and to renew, replace, add to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Easement Area, and utilize the Facilities within the Easement Area for the purpose of providing service to the Grantor and others; b. From time to time, without further payment therefor, clear and keep cleared, by physical, chemical, or other means, the Easement Area of any and all trees, vegetation, aboveground or belowground structures, improvements, or other obstructions and trim and/or remove other trees and vegetation adjacent to the Easement Area that, in the opinion of one or both of the Grantees, may interfere with the construction, operation, and maintenance of the Facilities. The first clearing may be for less than the full width and may be widened from time to time to the full width; C. Excavate or change the grade of the Grantor's Land as is reasonable, necessary, and proper for any and all purposes described in this Section 1; provided, however, that the Grantees will, upon completion of their work, backfill and restore any excavated areas to reason_ ably the same condition as existed prior to such excavation; and d. , Pass and repass along the Easement Area to and from the adjoining lands and pass and repass over, across,- and upon the Grantor's Land to and from the Easement Area, and construct, reconstruct, relocate, use, and maintain such footbridges, causeways, and ways of access, if any, thereon, as is reasonable and necessary in order to exercise to the fullest extent the Easement. Section 2 — Description of Grantor's Land The "Grantor's Land" is described in a certain Deed recorded in the Erie County Clerk's Office on December 14, 1972 in Liber 7995 of Deeds at Page 255 and consists of land described as being part of Tax Parcel No. 132.11 -1 -1 of the City of Buffalo, County of Erie and State of New York, commonly known as 1200 Fahrmann Blvd. Section 3 — Location of the Easement Area The "Easement Area" shall consist of a portion of the Grantor's Land ten (10') feet in width throughout its extent, the centerline of the Easement Area being the centerline of the Facilities. The general location of the Easement Area is shown on the sketch entitled "EDIT A," which sketch is attached hereto and recorded herewith, copies of which are in the possession of the Grantor and 1200 Fuhrmann Blvd.doc / 1 1 the Grantees. The final and definitive location(s) of the Easement Area shall become established by and upon the final installation and erection of the Facilities by the Grantees in substantial compliance with Exhibit A hereto. Section 4 — Facilities Ownership It is agreed that the Facilities shall remain the property of the Grantees, their successors and assigns. Section 5 — General Provisions The Grantor, for itself, its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Grantees that no act will be permitted within the Easement Area which is inconsistent with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated, or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area without the prior written consent of the Grantees; the Easement shall not be modified nor the Easement Area relocated by the Grantor without the Grantees' prior written consent; the present grade or ground level of the Easement Area will not be changed by excavation or filling; the Grantees shall quietly enjoy the Grantor's Land; and the Grantor will forever warrant title to the Grantor's Land. The Grantees, their successors and assigns, are hereby expressly given and granted the right to assign this Easement, or any part thereof, or interest therein, and the same shall be divisible between or among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shall have the full right, privilege, and authority herein granted, to be owned and enjoyed either in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a continuing covenant running with the Grantor's Land and shall inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Grant of Easement. IN WITNESS WHEREOF, the Grantor has duly executed this Grant of Easement under seal this day of , 2013. THE CITY OF BUFFALO Print Name: Title: (sign here) STATE OF NEW YORK COUNTY OF ERIE SS: On this day of in the year 2013, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. AS O FORM ONLY Notary Public By Co laon Co ns /f/- 3 EXHIBIT A CITY OF BUFFALO ERIE COUNTY (NOT TO SCALE) WR #01- 13- 13076551 J' UTILITY EASEMENT RIDER The provisions in this Rider are an integral part of the easement instrument ( "Easement ") to which it is attached, and supersede any conflicting provision in the Easement if such conflict exists. "Owner" means the grantor of the easement rights and any future owner of the property. "Grantee" means the grantee of the easement rights and any person attempting to exercise such rights. 1. This is a non - exclusive easement. 2. All construction, installation, operation, maintenance, repairs, replacement or removal by Grantee shall be at no cost to the Owner. 3. All improvements, fixtures and equipment in the easement area shall be installed to the satisfaction of Grantor. The objective of the Easement is to install a pole and related guy wire(s) as shown on an attached drawing. 4. If the surface of the easement area or of Owner's property or if any improvements thereon are disturbed by Grantee's activities at any time, the surface and improvements shall be promptly restored by Grantee and to good condition. 5. Owner and its successors or assigns shall have the right to use the land within the easement in any manner which does not interfere with the rights of the Grantee; including without limitation, the right to pave the land and use the same as a parking lot or roadway and the right to install, maintain, replace, repair, remove and operate utility lines, such as sanitary sewers, storm sewers and gas lines, provided, no building or structure shall be erected or permitted on the easement without Grantee's consent which consent Grantee agrees not to unreasonably withhold or delay. 6. Grantor hereby reserves the right to relocate from time to time all or any portion(s) of the Easement Area, provided the relocated Easement Area is reasonably adequate for Grantee's purposes as aforesaid, and provided that, if such relocation of all or a portion of the Easement Area necessitates, in Grantee's sole discretion, the relocation of any facilities of Grantee located within the Easement Area, that Grantee relocates such facilities at Grantor's cost and expense. In such event, Grantor and Grantee shall execute, deliver and record an instrument in recordable form evidencing and describing such relocation of the Easement Area. e v '? Y p tl• � �S O � A A • v �dR /vh 2o/lce 12/4/79 1 , R.bITCLAiM DEED .c This - IND8N E made the a day or December 1972 E� C v■ between AVUBLIC.BTSEL CORPORAI'IOR, a H" erse torpor tion, leis.. �. . j / raw..r.�, having its general offices at Republia Building, Cleveland, Ohio and guslified to do business in the state af.New Yori, party of the first part (hereinafter called "Grantor ') and THE CITY OF BUFFALO, a domestic wunIcipal corporation, with tta principal office and place or business in City Hall, 65 Niagara square, 1n the City of Buffalo, County at' Brie and State of Now York, party of the,ascond part ( hereinefter called ° Grantee "), wrTNSSS1rfH THAT the Grantor in consideration of. Dne Million Pifty 'thousand Doilara 01,050,000.00)'lanful money df the Vnited States of America paid by the Grantee, the receipt of which is hereby acknoW3,edpd, does hereby remise, release and forever quittlaim unto Orontes, its successors and aesigns; All thole tracts or parcels of land situated in the pity of Bafralo, County of Brie and stets of Hew York and being more partic- ularly described as follows. PARCEL No. 3. COMNCZNO at t� e intersection at the north line of TIM Street (7b.00 feet wida} and she sort line of Fuhtmann Blvd. (90.00 feet wi a); Running thence northerly along the said gloat line Of Puhrmama Blvd. 725.60 feet to the south line of former TIM Street; Running thence easterly, along the said south line of former TIfft Street, 206.60 reet to the point of beginning, said point of beginning being also She aoatheeet comer of lands oppropTiated by the State of Nah York as described in Map No. 137, parcel No. 143 of Highway ProJoct entitled "Puhrmann 819d. Arterial Highway - TIM Street to Buffalo skyway." .Running thence along the easterly line of lands appropr#uted by the State or New York as follow - Northerly, along the easterly line of lands as de- aeribad in Nap No. 137, Parcel Ho. 143, and Hap No. 134, Parcel No. 138, of the aforementioned Yuhrauinn Blvd. Arterial, Reid line making an interior angle or go' 43F 35" With the maid south. line of i'armer TIM street for a distance of 1003.32 feet to an angle point, said angle point being also the southeast corner of lands described in Map No. 301, parcel No. 301 of amid Fuhrmann Blvd. Artorial; MIMM111i =V e i I: .. •- • .ew.a T i. o L 1: dRP /vh 20 /lcc 1 2/�M/72 .. Running thence northerly, along the easterly line of lands described in Map Ho. 301 Peroa2 No. 301, and ' making on 'interior angle of 176' 02' 3o-") with the last described oouraa, for a distance of 816.4 feet to an angle point; Thence continuing along the sasterly line of Parcel �p I Ha. 301, and making an interior angle of 371' 53' 35" with the ]sat course, for a alatance of 487,00 foot to an angle point; Thence continuing along the easterly line of Parcel No, 301, and making an interior angle of 189 47J 2.5" with the last course, for a distance of 1953.65 feet to the southwesterly corner of lands conveyed to the` City of Buffalo by deed recorded In the Eric County Clarke Office in L1ber 6907 of Daede et Page 339; Running thence along the boundary of lands so conveyed Ca the City, Of iluffalo by deed recorded in Libor 6907 at Page 339 as follows; $ortheasterly, along a lir.)e making an interior angle of 129' 57' 55" with the last courba, Vor a distance of 112.2 feet; Thence northerly, on a line making an interior angle cif 2 22 13" with the last course, for a distance or 209.00 feat; Thence easterly, at right angles to the last course, 226.00 feet; .Thence northerly, at right angles to the loaf coarse, 31.10 feet; Thence eaaterly, at right angles to the last course, - :24;48 feet; .Thence continuing "eaaterly, on a line making an interior angle of 155" 48' 33" with the lest course, for a.distanee of 130.88 feat; Tttence continuing easterly on a line making -an interior angle or 169' 59' 20° with the lest course, for a - dietsnce of 3351.29 fact to a point. of curve, Thence along a line ourvdzig to the left, tangent to tha'last course, and having a radius of 4 15.00 feat, an era distance of 60,80 Poet) . 'thence northerly, at right angles to the , seoond -loot m6ntiened course extended, for a distance x',30.55 feat" to the terminal point of Coarse No. 1, Parcel No. 1 (Tract Na: 1) as described in a deed, to the Republic steel Corporation recorded in Libor 5937 of Daede at Page 449; Running thence along the southerly and westerly bound- OriO'$ Of land'$ conveyed to Niagara 'Mohawk Power Corporation by deed of Re public Steal Corporation in recorded in Erie County Clerk's Office Libor 7 9 of Deeds 'at Page 44'f the £allowing three coursas an distancea: Easterly, on a line making an interior angle of 102' 01 59h with the last described course of 30.55 teat.1a length, for a distance of 440, 43 teat; - nonce southwesterly, on a line inaWing an Interior ongls of 121' 05 16" with the la described course for e distance of 509.85 feet; • - 2 - I: .. •- • .ew.a T i. o L 1: �t J c JRF /vh 201ce ie/4/72 Thence continuing in s southeasterly direction nn a line making an interior angle or 171' got 44" with the last described course, far a diataoce of 2651,55 feet to the southerly point at Niagara Mohawk -Power Corporation land conveyed as above redited, Thence southwesterly on a litre ao UM en interior an le of in 40, 00" with the lest described oourse, for e distance of 1449.94 feet; Tbenna continuing southkasterly, on-* line making an interior angle of 158' 00' 18" with the last described sourae, for a distance of 589.316 teat to It point in the north line of former Tiret Street; Thence ooatherly. at right angles to said north line of former Tifft Street, 66,00 Teat to tb# South line of former Tifft.Streat; Thence westerly along the said South line of former TIM Street, 179 .3.4O feet to the point of beginning, containing 831.8.91 norea more or less. PARC$L N8: 2 001dk$NCTNO at the intersection of the north line of TIM Street (76.00 test ,Hide}) and the east line of Fuhrmann Rita. (g0.00 feet aside )3 Running thonce northerly along the sild east line of Fuhimam Blvd,, 485,00 feet Thence easterly, parallel with Tifft Street, 937.12 feat to the point of beginning, said point being also the northeast cornet of lands appropriated by the state of New York and deacrjLad in Idep r;*, .132, Parcel No. 136 of .Highway Projeat entitled "Fuhrnpnn Blvd. Arterial Highway - TIM, Street to Buffula Skyway "; Thence continuing easterly and parallel with Tifft Street, 136x.9 root to a point of curve; Trienao on a curve to the right, having a radius of 1792.21 Feet, an are distance of 759.57 feet and chord distance Of 749.02 feet to the northwesterly corner of Parcel B aotivsyed to Niagara Mahawk Power Corporation by deed of Republic Steel recorded in Erie County C3erkLs Office in Mar 7223 of Reeds at Fsge 547 Thence continuing along the westerly dine of Paraal R Conveyad' as above recited, di distance of 211.39 feet to a point being a point on fifth course in description of Parcel IV (Traeb No. 4) of lands conveyed to Republic Steel Corporation by the City of Buffalo and recorded in Erie County Clerk's office in Libor 5937 or Daeda at Page 448, told point also being the southeasterly corner of Hiagars Mohawk Power Corporationte Parcel a; Thence southwesterly on a curve to the right having a radius of 2000.00 feab, an are distance of 967,21 feet to a point of tangency; Thence w9starly, tangent to said last mentioned curve and parallel Wish Tifft Streat, 160.76 feet to a point; Thence southerly at rigghht angles 42.00 feet to the north line of Tifft Street (66,0D feet wide); LIMMIM5 Z57 + {. �..w.t• ....�)... .cam ", JRP /vh 2c /1cc '12 / 4 /72 Thence westerly slang the north line of Tifft Street, 1115.59 fact Eo ft n& said point being also the south- east corner of lands appropriated by the state c£ New York a6 described in,eaid Hap No. 132, Parcel No. 136; Thence northwesterly, ph a line reeking sn Interior angle of 141' 3 8 ' 0 0" with the north line or Tifft Street, for a distance a£ 76.53 feet; � Thence northerly, on a line making en interior angle of t£3 129. 21' 35" with the lest course, for a dlatance o1` tA,) 203:50 feet; Thence continuing o northerly, an a line asking an interior f 13 135.0 9 o 205' 26' 05" with the last coslroo, for a disbunce f Y'eetl Thence northwesterly, on a line making an interior angle Of 209" 33' 25" with the last course, for a distance of 203.91 feet to the paint of beginning, the lest four courses being the eastcrly boundary of lands eppropriatsd by the state of New York ao described to &aid Mop Nd. 132, Parcel No, 136, containing 29,630 adze &, more or less. The above described Parcels No. 1 and No. 2 being a portion Or the same lands convayed to Republic Eteal Corporation by Quitclaim ' Deed of the City of Durfalo doted February 20, 1956 and retarded in Eric County Clerks Office In Libor 5937 or Deeds at page 448, SUBJECT 1!0: 811 legsl highwayN, and all restrictlnns, con - ditione, limitations, rightc, agreements, reservations, rlghbe or Nay Grid 000dMents Of record end especiplly•thoae conditions, reser- vations and restrictions which appear in the Deed between the City of B'Iffelo and Republic Steel Corporation dated February 20, 19% and recorded es above recited. The above described Parcel No. '1 end Parcel NO. 2 being hereinafter callod the. "Promises". TO FLAVE AM-TO HOLD the above described Prea<igaa unto the w Orentae, its ssaaesaart and assigns forever, it being the intent or this instrument to convey to Crantea any and all right, tlt3.e sad interest of drantor In and to the Premiasa together with any and all. right,tltie and interest vested In Creator by reservations held in the edd.acant and adJ0lning lands which coaeprised lands conveyed to Repuhl30 F1tae1 Corporation by the City of Duffelo by quitclaim Deed dated reiiruary 20, 19% and recorded in 171e County Clerk's Office 1n ldber 5937 of Deeds at Pega 08. .4_ f CID Sd Y u • e �ED • r 6 ' t • � a ' , d JRP /vh pa /lec ]2/�i/72 I IN WITNESS WHERSOP, Republic Steel Corporation has Cauved th.asa prosoota to be signed by i,ta dilly authorized officers and ita•corpornta seal to be'hereonto af'S'ixed, the day ens year rirst above written. R4PUOLI /TE LLCORPOOR,AASTIOIi "Bl Sop STATE OF DHI6 M�f ?� `t COMM OF CUYMOGA SS i S ; is On the .0 0 1L.....4. ei , 1972, before me persondl2y ZVa-Mott - , to tae known, who being by me duly sworn, fJ ! d / — flid depose and say that he i esidea at that Yte is the Vice Fresident of Republic Steal Corporation, the aorporation described in end which executed the above Inatrumetitf that he khowa the goal of said corporationj th6t the seal affixad to oeid instrument Is such corporate seal, 'that it tine so affixed by order aP the Board or Directors of said corporation, and that he signed his name th ereto by like order, ' - '&—il — a ry u , �t[t:a� .`ti . � T�•e ; ',t_ JANET 511GMUr, 1111M rat6e JU .11 t%at'a�tes" - �.1 i11; ..'y�, �5,:1,� �.���•aw`y', Rt V Cem ra t � - ivrfsphden, rl,lv7a k+lej�4r�u1::7S .` ' "'Si� i"r' 'fir;"'• ` gFjr dypt ar. j, gbi L �KAWA �I� of the Cost of Common Mile, a Cowl of Recast) of t . ' WPB 5 bef vrho 4 I]* R p fait 6a[ttta whom 17q natred xirnosvlad 6 otttA affidavit, was %even, was a the d■la dhelraf a NOTARY f'VOLM. In M for said County„ ants aWho,4td by the 14 A of 0mu. to %Aire tha utne, d ao %a make xe4nowladgmOts, doldphl and proeft, of deeds rrtenraymea for l■ad, neementa m hereditammta aitusted end tying In add ' State of Ohio, and further Ltlleas the atgaatura t$amte to ;enuinr, and Wes, th■ >' annttnd Inatntmeat Is aeullad aeeerdla the taws of the t4earo of Ohla. ConnuEgfon worm �a IGe6liftlaMf l8lirtesl, l henuetoa htarRa�t n■ata trod dais tEw seat of tifd N • Caun,at Cfavataad, Ohio, tb,' /c3. —d o f F,.h -1 _ - -. I II•44 i ^' ' � ' fxtom Q.. EMIL 5LiA1' Cush of COMM t Utility Easement Agreement — Tifft Nature Preserve (South)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Director of Real Estate, dated June 18, 2013, be received and filed; and , That the Director of Real Estate be, and she hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk for use of city -owned property at the Tifft Nature Preserve to relocate overhead lines; and that the Corporation Counsel be, and he hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. PASSED C: Domments and SettingsUehneAL.oW SettingsUemporary Internet PileslOLKI MUtility Easement Agreement -Tiff? Nature Presewe.docx 2) * AYE * NQ * FONT'ANI FRANCS GOLQrMER tuRTO PRMGEN * . Itussal SCAMON RAM wj _ 5 V3_ 6 314- 7 ' V FROM THE COMPTROLLER June 25, 2013 0000 COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: June 12, 2013 FROM: The Department of Audit & Control SUBJE 2013 -14 Annual Audit Plan Attached please find the 2013 -2014 Annual Audit Plan. Please feel free to contact me if you have any questions or concerns. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: J )L�t� 3� 6 DEPARTMENT OF AUDIT & CONTROL ANNUAL Ai"DIT PLAN FISCAL YEAR 20132014 JUNE 12, 2013 MARK J. F. SCHROEDER COMPTROLLER ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER KEVIN J. KAUFMAN, CPA CITY AUDITOR CITY OF BUFFALO Q, Section 7 -5 of the Charter of the City of Buffalo - Annual Audit Plan "By the beginning of each fiscal year, the comptroller shall submit to the council for review and comment an annual plan designating the offices, departments, boards, commissions, activities, programs, functions, agencies and other entities scheduled for audit in the fiscal year and listing the same completed in the prior fiscal year. The plan may be amended during the year as deemed necessary by the comptroller. Notwithstanding the audit plan submitted to the council, the comptroller may at any time initiate and conduct any other audit the comptroller deems appropriate. The authority for selection of audit areas shall reside solely with the comptroller; provided that the comptroller shall perform the audits required by paragraphs 4 and S of Section 7 -4 of this charter. " Introduction The mission of the Audit Division is to advance open and accountable government through accurate, independent, and objective audits that seep to improve the economy, efficiency and effectiveness of the government of the City of Buffalo (the "City "). The Audit Division has limited resources to accomplish this mission. Therefore, the resources must be used prudently to maximize efficiency and effectiveness. In the coming year, processes and procedures will be revised to increase the efficiency and effectiveness of the Audit Division. The method for selecting audits in the coming year will be revised to incorporate guidance issued by the Institute of Internal Auditors, as well as information gathered through a questionnaire completed by each department. The Audit Division will continue to focus its efforts on revenues, and how to maximize them, and expenditures, and how to limit or reduce them by eliminating waste, fraud, and mismanagement. However, the audit selection process will be more objective and systematic. Additionally, the procedures for concluding an audit will be revamped. The audit report will not be the end of the audit process — a system of revisiting completed audits will be developed, whereby the progress of implementing recommendations from these audits will be documented and communicated to stakeholders. Audit Process Internal Auditing Standards have been developed by the Institute of Internal Auditors. These Standards have been adopted by the Division of Audit. They will serve as a guide for the audit process going forward. The following are noteworthy excerpts from the International Standards for the Professional Practice of Internal Auditing as written by The Institute of Internal Auditors: Planning The chief audit executive must establish a risk -based plan to determine the priorities of the internal audit activity, consistent with the organization's goals. The chief audit executive must review and adjust the plan, as necessary, in response to changes in the organization's business, risks, operations, programs, systems, and controls. The internal audit activity's plan of engagements must be based on a documented risk assessment. Engagements selected should have the potential to improve management of risks, add value, and improve operations. Q\ Resource Management The chief audit executive must ensure that internal audit resources are appropriate, sufficient, and effectively deployed to achieve the approved plan. Appropriate refers to the mix of knowledge, skills, and other competencies needed to perform the plan. Sufficient refers to the quantity of resources needed to accomplish the plan. Resources are effectively deployed when they are used in a way that optimizes the achievement of the approved plan. Nature of Work The internal audit activity must evaluate and contribute, to the improvement of governance, risk management, and control processes using a systematic and disciplined approach. Governance The internal audit activity must assess and make appropriate recommendations for improving the governance process in its accomplishment of the following objectives: • Promoting appropriate ethics and values within the organization; • Ensuring effective organizational performance management and accountability; • Communicating risk and control information to appropriate areas of the organization; and • Coordinating the activities of and communicating information among stakeholders Risk Management The internal audit activity must evaluate the effectiveness and contribute to the improvement of risk management processes. Determining whether risk management processes are effective is a judgment resulting from the internal auditor's assessment that. • Significant risks are identified and assessed; Appropriate risk responses are selected that align risks with the organization's risk appetite; and Relevant risk information is captured and communicated in a timely manner across the organization. Control The internal audit activity must assist the organization in maintaining effective controls by evaluating their effectiveness and efficiency and by promoting continuous improvement. The internal audit activity must evaluate the adequacy and effectiveness of controls in responding to risks within the organization's governance, operations, and information systems regarding the: • Achievement of the organization's strategic objectives; • Reliability and integrity offinancial and operational information; • Effectiveness and efficiency of operations and programs; • Safeguarding of assets; and • Compliance with laws, regulations, policies, procedures, and contracts. Engagement Planning Internal auditors must develop and document a plan for each engagement, including the engagement's objectives, scope, timing, and resource allocations. Engagement Objectives Objectives must be established for each engagement. Internal auditors must conduct a preliminary assessment of the risks relevant to the activity under review. Engagement objectives 2 l?_ must reflect the results of this assessment. Internal auditors must consider the probability of significant errors, fraud, noncompliance, and other exposures when developing the engagement objectives. Performing the Engagement Internal auditors must identify, analyze, evaluate, and document sufficient information to achieve the engagement's objectives. Communicating Results Internal auditors must communicate the results of engagements. Communications must include the engagement's objectives and scope as well as applicable conclusions, recommendations, and action plans. The communication will identify: • The scope, including the time period to which the opinion pertains; • Consideration of all related projects including the reliance on other assurance providers; • The risk or control framework or other criteria used as a basis for the overall opinion; and • The overall opinion, judgment, or conclusion reached. Monitoring Progress The chief audit executive must establish and maintain a system to monitor the disposition of results communicated. The chief audit executive must establish a follow -up process to monitor and ensure that actions have been effectively implemented. The above standards from the Institute of Internal Auditors will form the framework of our audit process. A key factor in determining future audits is the continued evaluation of information gathered through the internal control questionnaire completed by each department. Not only will this information help to determine future audits by identifying which departments are lacking proper financial controls, but it also provides a head start on the audit process, since the preliminary information needed to conduct an audit has already been obtained. Other criteria, such as variance analysis, size of budget, compliance requirements, and evaluation of other risk factors will aid in the selection of audits. This risk -based plan, with a focus on maximizing revenues and reducing expenditures, will assist in achieving our goal of conducting audits that will have a positive fiscal impact for the City. While the number of potential audits is numerous, this analysis of the potential risks and rewards will help to identify the areas where our limited resources would be most beneficial to the City's finances. We also reserve the right to audit any entity or transaction as allowable under Chapter 7 the Charter of the City of Buffalo. Additionally there are audits required to be performed in accordance with Chapter 7 of the Charter, a description and estimated schedule for the required audits is detailed in the attached chart. q�) Summary of Prior Year Audits The 2012 -2013 Annual Audit Plan, submitted to the Common Council on .Tune 22, 2012, stated that the focus of audits would be on maximizing revenues and limiting expenditures. Large expenditures or sources of revenue would get more attention, as well as revenues or expenditures that are the most susceptible to waste, fraud, and theft. Expenditure Related Audits One of the largest cost centers for the City is fringe benefits for its employees and retirees, and the most expensive fringe benefit is health insurance, at a cost of more than $65 million. An Audit of the Prescription Drug Plan was performed in order to determine whether the switch to a self - insured model for prescription drug coverage was a fiscally prudent decision. The audit determined that the change to a self - insured model resulted in savings of $3.6 million in fiscal year 2012. Another expenditure that was particularly susceptible to abuse, even resulting in a federal criminal conviction of a former Common Council member, is the more than $1 million in Common Council Discretionary Funds. These Discretionary Funds are intended to benefit the community as deemed fit by Common Council. An Audit of the Common Council Discretionary Funds was conducted to examine whether these funds were being spent properly, and to determine ways to improve the process of awarding these grants that would prevent future abuse. The audit recommendations have resulted in changes to the processing of transactions which have created greater transparency and increased controls over use of the funds. Any time cash is involved in a transaction, the risk for theft or abuse is increased. In order to assess and mitigate this risk, an Audit of the Petty Cash Funds was performed. It was recommended that several of the custodians of the petty cash turn in their funds due to lack of use. The largest non - personnel cost for the City, at more than $16 million, is electricity, most of which is for street lighting. At the request of the Common Council, an Audit of the Street Lighting system is underway. With the manpower and expertise that is needed for this audit, it is necessary to seek outside assistance. The Comptroller's Office is currently preparing a Request for Proposal (RFP) for an outside firm to assist our office in the completion of this audit. An audit completed in the 1990s was conducted in a similar manner. Another significant non - personnel cost is fuel for the City's vehicle fleet. An Audit of the Fuel Master System is underway in order to evaluate the system of internal controls to ensure that fuel used only in City vehicles for appropriate purposes. Revenue Related Audits More than $16 million in revenues is generated in relation to parking operations in the City. An Audit of the Department of Parking, Towing and Storage Operation was performed, focusing on two areas that were subject to abuse in the past — the towing process and the auto impound auction. Several recommendations were made, including compliance with NYS General Municipal Law 103 and the exploration of ways to use technology to increase accuracy and efficiency. Another source of revenue is the City's operation of the Erie Basin Marina, a revenue source poised to increase with additional capital investment, both at the marina itself, and the waterfront in general. An Audit of the Operator of Erie Basin Marina is currently underway in order to verify the proper amount of rent has been paid to the City in accordance with the lease agreement. Routine Audits The following audits are performed on two programs conducted by the City on an annual basis. An Audit of the Gun Buy Back Program held on August 18, 2012 was performed. It was recommended that the number of locations be evaluated to determine if the cost of providing the location is worth the benefit gained, as two of the seven locations accounted for only 4% of the total number of guns turned in. An Audit of the In Rem Auction held on October 29, 30 and 31, 2012 was conducted, and offered recommendations on how to prevent bid scheming, as well as other ways to improve and streamline the auction process. The recommendations from the prior year audits will be reviewed, and progress toward implementation of the recommendations will be documented and communicated as part of our revised audit process. Audits filed with the Common Council can be reviewed in their entirety on the Comptroller's website http: / /www. city - buffalo. com / Home / Lea _dership_ /__Ci(y__Comptroller /Audits Vt � Audits Required and/or Allowed by the Charter Estimated Charter Description of Audit Completo (citation C.bnrter RpmfirPmpntc to he Conducted n Date Remarks 6 The comptroller shall engage an independent Required 7-4,5 consultant to conduct an audit of the performance of Review of Procedures 12/31/2013 Audit the council staff every two years. At least once every three years, the comptroller shall take such steps as are necessary to have the department of audit and control reviewed by a Review Division of professional, non - partisan objective organization Audit Procedures and Required 7-10,3 utilizing nationally recognized guidelines such as Adequacy of Audits 12/31/2014 Audit those adopted by the National Association of Local performed Government Auditors to evaluate the department's compliance with generally accepted government auditing standards. In addition to such audits as the comptroller may 1. Audit of Information in Accordance with conduct with his or her own staff, the comptroller Single Audit Act For shall engage an independent consultant to conduct at City the Buffalo. 7 -4, 4 least two such performance audits each year. The 2. Audit of Information Completed Required comptroller shall request, the mayor shall in Accordance with Annually Audit .. recommend, and the council shall appropriate Single Audit Act For sufficient funds for such audits. Buffalo Urban Renewal Agency The comptroller shall have the power to conduct financial and performance audits of all agencies and other entities a majority of whose members are Audits will be selected Allowable 7-4,2 appointed by city officials or that derive at least fifty based on process . NIA Audits percent of their revenue, including the provision of documented above. goods, services, facilities or utilities, from the city or from allocations under the authority of the city. The comptroller shall have the power to conduct performance audits of all bureaus, offices, departments, boards, commissions, activities, functions, programs, agencies and other entities or Audits will be selected 7-4,4 services of the city (including those mentioned in based on process NIA Allowable paragraph 2 of this Section) to determine whether documented above. Audits their activities and programs are: (i) conducted in compliance with applicable law and regulation; and (ii) conducted efficiently and effectively to accomplish their intended objectives. 6 000of COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: June 18, 2013 FROM: The Department of Audit & Control SUBJECT: Memorandum of Agreement between City and Local 282 In order to provide the Common Council with an analysis of the fiscal implications of the proposed contract, the Department of Audit and Control has reviewed the Memorandum of Agreement between the City of Buffalo and the Buffalo Professional Firefighters Association, Inc., Local 282 IAFF, AFL -CIO for the period July 1, 2004 to June 30, 2017. After a decade of uncertainty surrounding the City's labor costs, having such a large portion of the workforce under a binding contract would be a credit positive for Buffalo from the perspective of the three major credit rating agencies, Moody's Standard & Poor's, and Fitch. Since the City's ratings with these agencies are the key factors in determining our borrowing costs, removing this uncertainty has the potential to have a positive impact on our finances. We have estimated the total cost of this agreement to be approximately $23 million, an amount that is fully reserved by the City. This estimate was determined by subtracting the estimated financial savings of the agreement, $22 million, from the estimated financial costs, $45 million, which includes $10 million in retroactive pay adjustments. Please be advised that certain unknowns could significantly alter these estimates, particularly the future utilization of overtime, as well as the quantity and timing of both retirements and new hires. However, with the information that is available to us, we have come to the conclusion that this agreement will not have a negative impact on the financial results of the City. To provide greater detail in how we estimated the cost of the agreement, we have broken it down into three components: retroactive pay, financial costs, and financial savings. • Retroactive Pay, $10 million: We expect the retroactive pay adjustment for the period July 1, 2012 to June 30, 2013 will be approximately $10 million. This $10 million is already accounted for as a liability on the books of the City, so it does not represent any additional or unexpected expense. Financial Costs, $35 million: This estimate can vary significantly depending on future retirements, new hires and employee elections of benefits. Those eligible for retirement receive higher pay and are eligible for more expensive benefit coverage than new employees. For each retiree position filled with a new hire, the reduction in salary, benefits, and pension costs for the City will be approximately $30,000. The $35 million estimate is determined by assuming a retiree pattern consistent with past years. If the rate of retirements increases, the potential costs of this agreement would be reduced. • Financial Savings, $22 million: The potential financial savings of this agreement are the most difficult to quantify. Although it is clear that there will be gains appreciated over q�o qi the life of this agreement, the actual savings achieved is more easily determined in some aspects of the agreement than others. For example, the elimination of the cosmetic rider and the phasing out of the 901 Traditional Health Insurance Plan will clearly yield a savings, as the City will no longer be required to provide this expensive coverage. These savings will continue to be realized past the life of this agreement, as less retirees will be eligible for the more expensive insurance plans. Conversely, the constraints placed on sick time and overtime are more difficult to quantify. The agreement contains certain incentives for behavior modification, but it is impossible to know if these expected reductions will come to fruition and to what extent. Since there are retirement incentives within this agreement, the City should be prepared for the ramifications of a significant increase in retirements. With approximately half of the department's employees eligible to retire by June 30, 2015, the potential cash payouts of accumulated sick and vacation time could cost the City several million dollars. Also, the reduction in the workforce resulting from increased retirements would have to be addressed and anticipated by the timing of new hires. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller T Alw4i SIGNATURE: f � COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: June 12, 2013 FROM: The Department of Audit & Control SUBJECT: Petty Cash Audit Attached please find the audit report on the Petty Cash Fund. The report includes recommendations to ensure that these funds are spent properly in the future. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: J t: In 961 CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL AUDIT REPORT ON PETTY CASH FUND MARK J.F. SCHROEDER COMPTROLLER ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER KEVIN J. KAUFMAN, CPA CITY AUDITOR APRIL 2013 ` p Preface On January 30, 2013 the City of Buffalo Department of Audit and Control conducted an unannounced audit of Petty Cash Funds. The City Charter, Section 16 -18 authorizes the Comptroller to advance these funds and indicates the funds are subject to audit by the City Auditor, see Appendix 1. All petty cash custodians working January 3 0"' were audited. Back rg ound The City of Buffalo accounts for petty cash using an imprest system. Departments are advanced cash to pay for small business related expenses where a formal requisition/purchase order is impractical. The advance is the responsibility of a custodian. As the need arises, a department employee requests an advance from the custodian or spends his/her own money on a business related item or service not to exceed $50. The receipt is submitted to the custodian for reimbursement. Periodically the custodian prepares a requisition/purchase order to replenish the fund. The custodian submits the receipts to The Department of Audit and Control with a copy of the requisition/purchase order. Audit reviews the receipts, and approves payment to replenish the Petty Cash Fund. A check is issued to the custodian and all receipts are expensed to the appropriate accounts. The custodian cashes the check and returns the cash to the secure location. Audit Obiectives 1. Verify the existence and accuracy of the petty cash funds. 2. Evaluate appropriate use of funds and department need for petty cash. 3. Verify internal control procedures are adequate and adhered to. Audit Findings 1. Existence and Accuracy Twenty one of the 22 Petty Cash Funds were audited. One fund was not audited due to a medical leave of the custodian. Each of the 21 funds audited had cash and /or receipts totaling the authorized amount. Eleven of the 21 funds exceeded the fund total by an immaterial amount. The Table below lists the results of the 21 audited funds. Cash Receipts Audited Total Authorized I Over/(Under) % Variance $4,060.56 $6,801.47 $10,862.03 $10,850.00 $12.03 0.1% Page 1 F)i 2. Appropriate Use of Funds and Department Need for Petty Cash City of Buffalo Petty Cash Guidelines (Appendix 2) address appropriate uses of petty cash funds: Section III: "The purchase must be for the immediate operation of your department or division. .... The goods and /or services must be deemed necessary, prudent and reasonable." Section IV A: "all purchases of goods and/or services on behalf of the City of Buffalo are exempt from taxation. Any taxes paid will not be reimbursed." Section V B.: urges the custodians to note the "distinction between purchases and services made to conduct official City business and items which can be construed to be of a personal nature. Items deemed to be of a personal nature are deemed non- reimbursable... and are the responsibility of the custodian or individual making the petty cash purchase." The receipts contained in the Petty Cash funds met the criteria for appropriate use with three exceptions. One department paid sales tax on travel expenses. Two departments used petty cash for purposes that could be construed as personal. Petty cash was used to buy a daily newspaper. The custodian indicated the paper is used to monitor public meeting notices. The department has recently subscribed to the newspaper and will no longer use petty cash for this purpose. A second department used petty cash to purchase facial tissue. Several Petty Cash Funds have balances greater than the department need for petty cash as evidenced by low or no utilization. Although the average number of reimbursements was two per department, eleven departments saw no activity during Fiscal 2012. 3. Evidence of Adequate Internal Control Fifteen or 71 % of the 21 Petty Cash Funds audited were found to be securely stored. Of the six funds deemed not secure, four could not be immediately located. The fifth was in an unlocked file cabinet; the sixth was in a locked box in an unsecured file cabinet. Transaction Guidelines require an original cash register receipt or paid vendor invoice with the signature of the individual purchaser on the receipt. Receipts in general did not have required signatures of the person who spent the petty cash on the receipt. There were two instances of packing slips to support a purchase. Packing Slips are not acceptable support documents as there is a risk that the invoice may be submitted independently resulting in a double payment. Additionally, there was one missing receipt in the amount of $5.99. Page 2 Eighteen or 86% of the 21 Petty Cash Funds audited were managed by the named custodian. Three of the Petty Cash funds were not managed by the named custodian. Two of these custodians had delegated responsibility to a direct report staff member. The third custodian had retired leaving the fund in a department safe. This practice of delegating management of petty cash leaves the custodian at risk. Should the delegated individual steal the petty cash the custodian would be responsible for repayment. Internal control of petty cash is enhanced through use of the requisition/purchase order process to replenish funds. A requisition is approved by Department management and the Budget Department. It is then reviewed by the Audit Department prior to payment. During the Audit it was observed that a custodian had entered two purchase orders for the same petty cash invoices. The purchase orders were entered over 4 months earlier yet receipts had not been submitted as of the day of the Petty Cash Audit. The custodian who created, the requisition also approved the requisition. This would suggest lack of segregation of duties and lax control of the process within the Department. Fortunately, other controls associated with petty cash reimbursement e.g. original receipt requirement, will prevent duplicate payment. During the Petty Cash Audit it was noted that several receipts for purchases with a hardware store retailer showed purchased on account. In these instances a city employee charged an item to the city account, turned the receipt in to the petty cash custodian, and then returned to the hardware store using petty cash to pay on account. The receipt for this payment was then turned into the custodian. Although all purchases were appropriate the process is inefficient and should be discontinued. Audit Recommendations 1. Adjust Petty Cash Fund Amount to Meet Department Needs We recommend closing the following Petty Cash Funds: Audit, Adjudication, Assessment, Collections, Common Council and Human Resources. Three of those recommended for closure were managed by individuals who handled two Petty Cash Funds. Closure of these funds will eliminate the dual responsibility. The other three funds recommended for closure had low utilization. See Appendix 3 for the recommended petty cash adjustments by department. This decrease will reduce risk, return unused funds and drive a more frequent submission of receipts. The recommendation is subject to Department Head approval. Page 3 L� 2. Custodian Change where Petty Cash is Managed by an Individual who is not the Official Custodian MIS Petty Cash is held and dispensed by an assigned staff person who is not the official custodian. We recommend MIS submit forms to align designation of custodian with individual who is performing the duties of the custodian. 3. Publication of Petty Cash Guidelines on the City Intranet Currently the Petty Cash Guidelines are given to the custodians as a paper copy. Electronic access is preferable as copies may be misplaced. Additionally all employees would be made aware of what petty cash can be used for. 4. Strict Adherence to Petty Cash Guidelines Two guidelines require added emphasis: a. Signature of the department employee who spends the petty cash must be on the receipt. b. Sales tax cannot be reimbursed. Tax exempt forms should be presented to avoid payment of sales tax. 5. Petty Cash Cower Form for Each Receipt The form will contain name of the person who spent the money, date, amount, reason for the purchase. The Law Department is currently using such a form. This recommendation will be incorporated into the Petty Cash Guidelines. See Appendix 4 for a sample form. 6. Eliminate use of Petty Cash to Purchase Office Supplies Petty Cash is frequently used to purchase office supplies. The City of Buffalo has negotiated pricing with Off ceMax. Whenever possible, departments should plan ahead and order office supplies through a purchase order in order to benefit from the negotiated prices. 7. Petty Cash must be kept in a secure location Any petty cash funds not properly secured in accordance with the petty cash guidelines will be eliminated. 8. Petty Cash Cannot be used for Personal Purchases Any use of petty cash that could be construed as personal should receive department head approval along with a written explanation of the need for the purchase. Page 4 to Conclusion The Audit was conducted to assess the proper use and safekeeping of Petty Cash by the City of Buffalo Departments holding such funds. The Audit Findings indicate funds were properly spent with adequate documentation. There was no evidence of fraudulent use. There were several instances of non - compliance with Petty Cash Guidelines. These deficiencies were identified within the Audit and corrective follow up action with individual departments will be taken. Page 5 Appendix 1 City Charter Section 416 -18 A. The Comptroller is hereby given discretionary authority to advance from time to time a sum of not more than $500 to all City departments, boards and agencies, and in the case of the Department of Law, $1,000, to provide funds for supplies and materials in items of $50 or less, to pay court expenses, filing fees and postage and to cover other necessary petty cash expenditures, except that the Department of Law may expend amounts of $100 or less to pay court expenses and filing fees. B. Discretionary authority is further given to the Comptroller to advance from time to time to the Department of Police the sum of not more than $10,000, to be charged against and to be for the uses of a budgetary Execution of Criminal Process Fund and for such items as are properly included therein, arising from the expenses of transporting prisoners under the authority of criminal process and also for various confidential operations. C. An advance of funds shall be made to the head of a City agency or to a regular employee thereof designated by the head of the City agency to receive the same. An advance shall be subject to the following regulations: 1. The Comptroller shall certify upon the requisition for the advance that the payment of the amount therein specified will not overdraw the funds available for the purposes therein stated. 2. There shall be submitted with the requisition a statement by the head of the City agency making application for the advance that all funds, if any, previously advanced have been fully accounted for to the satisfaction of the Comptroller or, if not so accounted for, a detailed statement, with receipts, showing the expenditures made of funds received upon the prior requisition and not previously accounted for. The statement shall be approved by the head of the City agency and certified to be correct by the officer or the employee to whom the funds were advanced. The approval and certification shall be in the form and detail as required by the Comptroller. The items of expenditure shall be subject to the audit of the Auditor. 3. The Comptroller may at any time require a full accounting of the funds so advanced and the return of the unexpended balance thereof, if any. Page 6 td-p Appendix 2 MARK J. F. SCHROEDER COMPTROLLER CITY of BUFFALO DEFARTmENT OF AUDIT AND CONTROL 1225 CrrY HALL BUFFALO, NEw YORK 14202 716 -851 -5255 Office of the Comptroller Guidelines for Petty Cash Accounts ANNE FORTE- SCIARRINO FIRST DEPUTY COMPTROLLER GREGG S. SZYMANSKI, CPA DEPUTY COMPTROLLER INVESTMENT & DEBT MANAGEMENT WILLIAM D. FERGUSON, CPA DEPUTY COMPTROLLER CITY ACCOUNTANT KEVIN J. KAUFMAN, CPA DEPUTY COMPTROLLER CM AUDITOR These Guidelines, effective January 1, 2013, are to be observed when expending Petty Cash for necessary, prudent and reasonable expenditures. Petty Cash Funds are established pursuant to the Code of the City of Buffalo, Section 16 -18. The Department of Audit and Control accounts for Petty Cash on an imprest basis (i.e. cash in the fund plus receipts for reimbursed expenditures should equal the total of the amount of the fund at all times). Petty Cash is advanced, spent and replenished based upon vendor receipts, which are charged back to your department or division budgetary appropriation accounts. We recommend that both the Petty Cash Custodian and the individuals making Petty Cash transactions become familiar with the very important information contained herein. Petty Cash Guidelines Page 7 10 1 Index of Petty Cash Guidelines 1. Petty Cash Advance A. Petty Cash — Defined B. Applying for a Petty Cash Advance II. Custodian A. Responsibilities of Custodian B. Change of Custodian ill. Expenditure Guidelines IV. Transaction Guidelines A. Sales Tax B. Purchase of multiple items C. Postage Stamps D. Thruway Tolls, Telephone calls and Travel expenses V. Fraud and Abuse A. Fraudulent Bills or Claims B. Items of a Personal Nature VI. Request for Initial Advance /Reimbursement A. Initial Advance B. Subsequent Reimbursements Petty Cash Guidelines Page 8 t I. Petty Cash Advance A. Petty Cash — Defined The Comptroller advances Petty Cash Funds to a department or division for the cash purchase of goods or services, pursuant to the City Code, section 16 -18. B. Applying for a Petty Cash Advance A department or division submits an application for a petty cash advance to the Comptroller designating a custodian within the department /division stating the amount of petty cash advance requested. With few exceptions the petty cash advance is limited to $100.00 or less. After the Comptroller approves the petty cash advance application, the department or division initiates a service order to generate a check in the amount of the approved petty cash advance (see Section VII). After the check is received and cashed, custodians may purchase goods and services as defined in Section IV and V. II. Custodian A. Responsibilities of Custodian All advance funds become the responsibility of the petty cash custodian and should be adequately safeguarded and handled with due diligence. Individual petty cash transactions are a joint responsibility of the custodian and the individual making the petty cash purchase. Consequently, all improper purchases will not be reimbursed and will be considered the sole responsibility of the custodian and or the individual making the purchase. B. Change of Custodian The Audit division must be notified in writing (see enclosure #2) whenever it becomes necessary to designate a new petty cash custodian (due to retirement, etc.). Prior to the transfer of petty cash to the new custodian, the Audit Division will conduct a physical cash count to verify the amount of cash receipts to eliminate the need to reimburse all receipts prior to transfer. The respective department /division must also submit a request to Accounts Payable to establish a Vendor Identification Number (VIN) Remit for the new custodian. (See enclosure # 3) Petty Cash Guidelines Page 9 �oz� Ill. Expenditure Guidelines The information listed below will assist you in determining whether an item can be purchased using petty cash. The purchase must be for the immediate operation of your department or division. All City of Buffalo Charter and Code requirements must be adhered to. The goods and /or services must be deemed necessary, prudent and reasonable. If an item would be determined inappropriate if submitted on a purchase /service order, reimbursement through petty cash will be denied and will ultimately become the responsibility of the custodian /individual purchaser. The use of petty cash is intended to supplement, not replace the requisition. The purchaser is responsible for maximizing the efficiency of the Petty Cash Advance by balancing purchase price versus convenience /distance. Total purchases /expenditures may not exceed the amount of petty cash advanced to you, less any outstanding receipts in your possession (e.g. If your petty cash advance is $100.00 you cannot exceed $100.00 in total receipts). The total cost of all items purchased using petty cash may not exceed $50.00 per day. However in the event a one -time purchase of an item costing over $50.00 but under $100.00 is required, written permission must first be obtained from the Principal Auditor (see enclosure #4). Petty Cash must not be used to purchase goods /services in such a quantity or frequency of trips, to the same or multiple vendors, in order to circumvent the purchase /service order system or the transaction limits listed herein. IV. Transaction Guideline The original cash register receipt or paid vendor invoice must evidence each petty cash transaction and should include the following information: 1. Vendor Name 2. Date of Purchase 3. item Description (must be legible) 4. Unit price and total cost 5. Signature of individual purchaser, either on the back or front of the cash register receipt or paid vendor invoice Photocopies and packing slips are not acceptable for reimbursement of petty cash items. Petty Cash Guidelines Page 10 A. Sales Tax All purchases of goods and /or services on behalf of the City of Buffalo are exempt from taxation. Any taxes paid will not be reimbursed B. Purchase of multiple items Custodians /individuals are not authorized to split purchases to evade the objective of these guidelines when purchasing an item(s) from vendors) on any particular day(s). Further, the cost of all items purchased may not exceed the department /division petty cash advance. C. Postage_ Stamps Reimbursement request for postage stamps must include documentation of the necessity as distinguished from simple convenience. If the circumstance is deemed a non- necessity, the purchase of stamps will be considered a non- reimbursable,personal expense. The City of Buffalo mailroom, located on the basement of City Mall, is responsible for attaching postage and mailing of official City documents. D. Thruway Tolls/ Telephone Calls/ Travel Expenses Reimbursement for these items will be on an as- required basis as distinguished from one of convenience. The name of the individual(s) paying the Thruway toll must be included on the original receipt. A telephone log must minimally include the telephone call date, telephone number called, the person called and the person making the call. Travel expenses cannot be reimbursed with Petty Cash. V. Fraud and Abuse If there is reasonable suspicion that a custodian and /or individual has falsified, altered, or in any way abused an expense, the suspected expense will be disallowed. Legal and budgetary restraints require that the City resources not be abused or wasted. A. Fraudulent Bills or Claims 175.35 A person is guilty of offering a false instrument for filing in the first degree when, knowing that a written instrument contains a false Statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he offers or presents it to a public office, Petty Cash Guidelines Page 1] ) J) public servant, public authority or public benefit corporation with the knowledge or belief that it will be Elled with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation. Offering a false instrument for filing in the first degree is a class E felony. B. Items of a Personal Nature Although the City will pay for necessary, reasonable and prudent expenses which fall under these Petty Cash guidelines, the custodian /individual purchasers are urged to note the distinction between purchases and services made to conduct official City business and items which can be construed to be of a personal nature(e.g. picture frames , greeting cards, barometers, thermometers, etc.). Items construed to be of a personal nature are deemed non - reimbursable petty case expenses and are a responsibility of the custodian or individual making the petty cash transactions. VI. Request for Initial Advance / Reimbursement A. Initial Advance After the Comptroller approves the request for a petty cash advance and the Vendor Identification Number (VIN) Remit is established for the custodian, the department /division initiates a Service Order to facilitate payment of the initial petty cash advance. The Service Order is charged to: • Organization code: 10000000 • Object code: 101002 B. Subsequent Reimbursements The department /division must prepare a Service Order Requisition to periodically replenish petty cash. After entering the last transaction to be reimbursed, the Service Order must be department head approved. A copy of the printed Service Order together with the respective original receipts and /or paid vendor invoices, and a Summary of Petty Cash Transaction spreadsheet must be forwarded to the Audit Department in City Hall, Room 1230. The Audit Department will review transactions for accuracy and enter approval. Accounts Payable will prepare a check payable to the custodian. Petty Cash Guidelines Page 12 ENCLOSURE #1 CITY OF BUFFALO APPLICATION FOR A PETTY CASH ADVANCE TO: COMPTROLLER CITY OF BUFFALO DATE: ROOM 1225 CITY HALL FROM: DEPARTMENT /DIVISION OF TO BE COMPLETED BY REQUESTIONING DEPARTMENT OR DIVISION Please establish a Petty Cash Advance, for the following City of Buffalo employee as Petty Cash Custodian. NAME: BUSINESS ADDRESS: TELEPHONE# : AMOUNT OF PETTY CASH REQUESTED: $ A request for a Petty Cash Vendor Remit form has been forwarded to the Accounts Payable Section. Department /Division Head Signature TO BE COMPLETED BY THE DEPARTMENT OF AUDIT AND CONTROL A Petty Cash Advance has been approved in the name of the above employee as the Petty Cash Custodian. Dept. /Div. CC: Accounts Payable Accounting Division Petty Cash Guidelines Amount Approved $ Name Date Principal Auditor Signature Page 13 I��)- ENCLOSURE #2 TO: DIVISION OF AUDIT ROOM 1230 CITY HALL FROM: DEPARTMENT / DIVISON OF CITY OF BUFFALO NOTICE OF CHANGE OF PETTY CASH CUSTODIAN DATE: Please conduct a petty cash count for the Dept. /Div. of Jn preparation of transferring the Petty Cash custodian as follows: FROM: NAME Tel. Ext. TO: NAME Tel. Ext. ANTICIPATED DATE OF TRANSFER: A request for vendor identification number for the new petty cash custodian was submitted to Accounts Payable. Signed CC: Accounts Payable DEPT /DIV HEAD EXT.# Petty Cash Guidelines Page 14 ENCLOSURE #3 TO: ACCOUNTS PAYABLE ROOM 1214 CITY HALL CITY OF BUFFALO REQUEST FOR PETTY CASH CUSTODIAN VENDOR IDENTIFICATION NUMBER DATE: FROM: DEPARTMENT /DIVISION OF TO BE COMPLETED BY REQUESTING DEPARTMENT OR DIVISION Please establish a Vendor Identification Number for the following City Of Buffalo employee as Petty Cash Custodian. NAME: ADDRESS: Return form to: DEPARTMENT /DIVISION DEPT /DIV.HEAD ROOM NUMBER TELEPHONE # DEPARTMENT /DIVISION HEAD DATE TO BE COMPLETED BY ACCOUNTS PAYABLE: Vendor Identification Number employee as Petty Cash Custodian. has been established for the above ACCOUNTS PAYABLE TITLE EXT. # Pettv Cash Guidelines Page 15 , ENCLOSURE #4 TO: PRINCIPAL AUDITOR ROOM 1230 CITY HALL CITY OF BUFFALO REQUEST TO EXCEED PETTY CASH TRANSACTION DAILY LIMIT DATE: FROM: DEPARTMENT /DIVISION OF TO BE COMPLETED BY REQUESTING DEPARTMENT OR DIVISION We hereby request approval to purchase the item(s) shown below at a cost which exceeds the Petty Cash Guidelines transaction daily limit of $50.00 per item per vendor per day, as a one -time exception: ITEM S) VENDOR COST The cost of the above item(s) will not exceed my total Petty Cash Allowance. CUSTODIAN PHONE # TO BE COMPLETED BY PRINCIPAL AUDITOR: Your request to exceed the Petty Cash Transaction Daily Limit has been. APPROVED Please attach this approval to the Vendors Receipt for the items shown above, and include when requesting your Petty Cash Reimbursement DENIED Please obtain the item(s) shown above using a purchase requisition. PRINCIPAL AUDITOR TITLE PHONE# Petty Cash Guidelines Page 16 \ \\.-g New York State Department of TAXATION and FINANCE OTPA Sales Tax Exempt Organizations Unit ' Building 4 Room 154 � g W.A. Harriman Campus Albany, NY 12227 April 18, 2013 City of Buffalo Comptroller's Office 1230 City Hall Buffalo, New York 14202 Dear Sir or Madam: The Tax Law exempts New York State governmental entities such as your organization, City of Buffalo, from the payment of New York State sales and use taxes on their purchases. In order to make tax exempt purchases, a New York State governmental entity must present vendors with the entity's official purchase order or other documentation (e.g., payment voucher, contract of sale, Form AC 946, Tax Exemption Certificate, Form ST -129, Exemption Certificate - Tax on occupancy of hotel rooms, etc.) which indicates that the purchaser is a New York State governmental entity. Tax exemption numbers and Form ST- 119.1, Exempt Organization Exempt Purchase Certificate, are not issued to New York State governmental entities. If a vendor requests a tax exemption number or Form ST- 119.1, Exempt Organization Exempt Purchase Certificate from you, the City of Buffalo may give the vendor a copy of this letter. This will assure the vendor that a governmental purchase order, or other evidence that the City of Buffalo is the purchaser, is the only documentation the vendor needs in order to not collect sales tax. New York State Department of Taxation and Finance OTPA - Taxpayer Guidance Division Sales Tax - Exempt Organizations Unit Building 9, Room 154 W.A. Harriman Campus Albany, NY 12227 (518) 457 -2782 Petty Cash Guidelines Page 17 1 O Appendix 3 Recommended Adjustment to Petty Cash Funds Sum of Fund Amount Recommended Department or Division in Ledger Amount Change Accounting $200 $100 ($ 00): Audit $100 Close ($1001' Adjudication $100 Close ($100) Assessment $200 Close ($200) Civil Service Human Resources $100 $250 $100 close > ($250) Engineering Division $500 $500 City Clerk - Corr�mnn Council $250 5300 $254 . Close" ($3.00) Law Management Information 5 Parks $250 $100 ($150) Purchase $250 $100 ($150) Real Estate $150 $100 ($50) Streets $100 $100 Collections', " Treasury $500 $100 =_ Close_ $100: ($500) Fire $300 $300 Buffalo Police Department $500 $500 Buffalo Police Department $5,000 $5,000 Total $10,850 $8,100 ($2,750) Shaded areas; represent opportunity to consolidate or close Petty Cash Funds Page IS Appendix 4 Petty Cash Slip Recipient of Petty Cash: Click here to enter text. Department: Click here to enter text. Purchaser If Different from Recipient: Click here to enter text. Receipt Provided: Yes ❑ No ❑ Signature of Purchaser on Receipt: Yes ❑ No ❑ Items Purchased: Click here to enter text. Reason Purchased Thru Petty Cash: Click here to enter text. Vendor: Click here to enter text. Dollar Amount: Click here to enter text. Date Removed from Petty Cash: Click here to enter text. Custodian: Click here to enter text. Page 19 MARK J. F. SCHROEDER COMPTROLLER May 7, 2013 Dear Mayor Brown: CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL 1225 CrrY HALL BUFFALO, NEW YORK 14202 716 -851 -5255 ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER GREGG S. SZYMANSKI, CPA DEPUTY COMPTROLLER R VESTMENT & DEBT MANAGEhRM WILLIAM FERGUSON, CPA DEPUTY COMPTROLLER CITY ACCOUNTANT KEVIN J. KAUFMAN, CPA DEPUTY COMPTROLLER CITY AUDITOR Enclosed please find a draft copy of the audit report on the Petty Cash Fund. The report includes recommendations to ensure that these finds are spent properly in the future. We would be happy to meet with you to discuss these recommendations more thoroughly, and answer any questions you may have. Please contact Whitney Kemp, 851 -5256 to schedule an appointment. City Charter § 7 -7 requires you to "respond in writing specifying agreement with or reasons for disagreement with the report, or any part thereof, and plans for implementing solutions to identified problems and a time table for doing so." Please send me this response, which will be included in the final report, no later than June 7, 2013. Regards, 9 Kevin J. Kaufman, CPA City Auditor MARK J. F. SCHROEDER COMPTROLLER May 7, 2013 Dear Council President Fontana: CITY OF BUFFALO Dr,-PAR OF AUDIT AND CONTROL 1225 CrrY HALL BUFFALO, NEw YoRK 14202 716 -851 -5255 11 D ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER GREGG S. SZYMANSKI, CPA DEPUTY COMPTROLLER INVESTMENT & DEBT MANAGEMENT WILLIAM FERGUSON, CPA DEPUTY COMPTROLLER CITY ACCOUNTANT KEVIN J. KAUFMAN, CPA DEPUTY COMPTROLLER CITY AUDITOR Enclosed please find a draft copy of the audit report on the Petty Cash Fund. The report includes recommendations to ensure that these funds are spent properly in the future. We would be happy to meet with you to discuss these recommendations more thoroughly, and answer any questions you may have. Please contact Whitney Kemp, 851 -5256 to schedule an appointment. City Charter § 7 -7 requires you to "respond in writing specifying agreement with or reasons for disagreement with the report, or any part thereof, and plans for implementing solutions to identified problems and a time table for doing so." Please send me this response, which will be included in the final report, no later than June 7, 2013. Regards, Kevin J. Kaufman, CPA City Auditor RICHARD A. FONTANA COUNCIL PRESIDENT LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1315 City Hall BUFFALO, NY 14202-3318 PHONE: (716) 851 -5151 ♦ FAX: (716) 851-5141 May 9, 2013 Mark 3.F, Schroeder Comptroller 1225 City Hall Buffalo, NY 14202 Dear Mr. Schroeder: common (Cuuncii CITY OF BUFFALO OFFICE OF COUNCIL PRESIDENT CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT .BRYAN J. BOLLMAN LEGISLATIVE AIDE THOMAS 1. OLEJNICZAK The Common Council is in agreement with the ComptrolIer's findings on the audit report of the Petty Cash Fund. 4 Z- - Richard A. Fontana Council President Bonnie E. Russell Demone A. Smith President Pro Tempore Majority Leader 4 �! FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS June 25, 2013. 00008 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM- PETER BARONE SUBJECT: REQUEST TO DESIGNATE INFOR AS THE SOLE SOURCE CONTRACTOR FOR THE UPGRADE OF THEN HANSEN PROJECT FOR THE CITY OF BUFFALO DATE: JUNE 24, 2413 CC: The Department of Management Information Systems asks the Common Council to designate INFOR Corporation as a sole source contractor for the final phase of the upgrade to the Hansen project. The Department of Management Information Systems seeks approval to enter into contract negotiations with INFOR Corporation for the final phase of the Hansen Project for a sum not to exceed $250,000 using the Efficiency Grant funds provided by New York State. These funds approved by the control board expire on July 1 so we need permission to encumber these funds immediately for the Hansen project. The MIS Department seeks this approval due to the fact that: the Hansen system is already in place, the Hansen system has been used by the City for 13 years, and this is simply an upgrade to the current system. Since 2009, the City has been working to advance the Hansen computer system, provided by the INFOR Corporation, to include more enhanced functionality for departments within City Hall and more online services for the residents of the City of Buffalo. INFOR is currently working with the City to complete this project of building a smarter, more efficient City, and it is in the interest of both parties to accomplish this goal INFOR has demonstrated that they are the sole proprietors of their product and we need to work with them to finish this project that has cost the City nearly $700,000. The INFOR Corporation is the only company that can make modifications to their DynamicPORTAL. Therefore, the new online payments and the Lagan integration can only be done by the INFOR Corporation. We have been working with there directly on and off for 13 years (at a cost of $1.1 million) and see no advantage or value in bringing in another vendor to work as a middleman at this point. By not going with a new vendor the City saves the time and money already invested in the ptoject, and we save additional costs because a new vendor would have to: conduct studies of the software required to fit our needs, perform the conversion from the current software to a new software, and purchase and implement the new software. For these reasons we ask to be allowed to contract with INFOR directly once again. We have shown that through the state efficiency grant we have the funds to complete this project. The funds in the efficiency grant will expire in July of this year. INFOR has quoted that they can complete the entirety of this project (including travel and all other miscellaneous charges) for a fixed rate of $249,980.00. They state that if the commences in July of this year, it will be completed by January of 2014. Lastly, we join Mayor Byron W. Brown in our commitment to build a smarter, more productive, and more efficient City that will deliver timely, cost - effective, and the highest quality services to all residents of the City of Buffalo. SIGNATURE: DEPARTMENT HEAD TITLE: Peter Barone — Chief Information Officer MIS Request For Sole Source Contract \fib CITY OF BUFFALO COT 1weMi:1 DEPARTMENT OF MANAGEMENT INFORMATION SYSTEMS 65 NIAGARA SQUARE, ROOM 1201 CITY HALL BUFFALO, NY 14202 PHONE (716) 851 -5222 FAX (716) 851 -5231 Request to Designate INFOR as the Sole Source Contractor for the Hansen Project for the City of Buffalo Date: 06 -21 -13 1 MIS Request for Sole Source Contract CONTENTS 1. Summary of Sole Source Contractor Request ............................................................................................... ..............................3 2. Background of the City's Investment in Hansen .......................................................................................... ..............................3 3. The Existing Services Agreement with INFO ............................................................................................. ..............................5 4. The Goals and Details of the Hansen Project ................................................................................................ ..............................5 5. INFOR is the Proprietary Owner of Hansen .................................................................................................. ..............................9 b The State Efficiency Grant ..................................................................................................................................... ..............................9 7 Conclusion ........................... ................................................................................................................................ .............................10 AppendixI ........................................................................................................................................................................... .............................11 AppendixII .........................................................:............................................................................................................... .............................13 AppendixIII ........................................................................................................................................................................ .............................14 AppendixIV ........................................................................................................................................................................ .............................25 AppendixV .......................................................................................................................................................................... .............................2b 2 MIS Request for Sole Source Contract t� 1. Summary of Sole Source Contractor Request On behalf of the Department of Permit and Inspection Services, the Department of Management Information Systems seeks approval to enter into contract negotiations with INFOR Corporation for a sum not to exceed $250,000 using the Efficiency Grant funds provided by New York State. We seek this authorization due to the facts that: • The Hansen system is already in place • The Hansen system has been used by the City for 13 years • This is simply an upgrade to the current system Since 2009, the City has been working to advance the Hansen computer system, provided by the INFOR Corporation, to include more enhanced functionality for departments within City Hall and more online services for the residents of the City of Buffalo. INFOR is currently working with the City to complete this project of building a smarter, more efficient City, and it is in the interest of both parties to accomplish this goal. 2. Background of the City's Investment in Hansen The City of Buffalo has utilized the Hansen? Database Program, written by the INFOR Corporation, since the late 90s. We are currently in the final phases of converting from Hansen? to Hansen8. The City also wants to upgrade Hansen's DynamicPORTAL to allow for the expanded features of Hansen8. As a result, in 2011, an initiative was undertaken to allow the residents of Buffalo to apply for more licenses and permits online. In addition, the City wanted to allow our residents, which utilize the 311 CRM (Customer Relationship Management) system, to have their calls about building and licensing 3 MIS Request for Sole Source Contract issues integrated into the Hansen8 database directly. The completion of these projects would then allow our building inspectors to use our fleet of mobile computer devices to update the Hansen8 database and receive their assignments in the field as well as free our residents from coming to City Hall to make some of their license and permit payments. Due to delays on both the side of the City and INFOR, these projects became bogged down, intertwined and dependent on the completion of each, in order for the system to function properly. The City and INFOR were having disagreements over the services provided, the financing, and the loose timeline for completion of the projects; the entire project was in jeopardy. Although it appeared as though the entire project could fail, the City received notice that it had access to a state Efficiency Grant, and it was determined that there was sufficient money in the Efficiency Grant to pay for the completion of these projects. INFOR is the sole owner of their software and is the only one who can make the modifications necessary to complete these projects. The funds in the Efficiency Grant will expire in July of this year. INFOR has indicated that if started in this month of July, they can finish these projects by December of this year. It is our intention, and we believe it to be in the best interest of the City, to enter into a contract with the INFOR Corporation for a fixed amount not exceeding $250,000 for the completion of the Hansen project. The City has invested a nearly $1.1 million over the years into the Hansen system and we believe not completing these projects would be a waste. The INFOR Corporation is the only company in the world who can make modifications to their DynamfcPORTAL! Therefore, the new online payments and the Lagan integration can only be done by the INFOR Corporation. Although the project management part of the last phase of this new project could be done by another company, we are asking to be allowed to finish this project with the company we currently are involved with the INFOR Corporation. INFOR is currently working directly with us on the Hansen database conversion. 4 MIS Request for Sole Source Contract We have been working with them directly on and off for 13 years and see no advantage or value in bringing in another vendor to work as a middleman at this point. For these reasons we ask to be allowed to contract with INFOR directly once again. 3. The Existing Services Agreement with INFOR On September 21St, 2009, a Service Agreement was signed by Deputy Commissioner Comerford to have the INFOR Corporation upgrade our existing Hansen7 system to Hansem8 to accommodate the new features of Hansen8 and help the City realize its goal of and integrated licensing and permitting computerized system. This initial Service Agreement was set up as a time and materials contract. Due to delays on both the side of the City and INFOR, this project became bogged down, intertwined and dependent on the completion of each phase of the project in order for the entire system to function properly. These delays then caused the funding set aside for this project to be exhausted. So we are at a point now where phase II has not been completely finished and phase III, the Iast and final phase known as the Lagan integration and dynamic portal cannot begin. It was agreed upon that there was the ability and sufficient money in the Efficiency Grant (see Appendix 5) to pay for the completion of these final phases. This time however, the City would enter into a fixed rate contract for the completion of the entire project to avoid any future cost overruns (see Appendix 3). 4. The Goals and Details of the Hansen Project In 2009, the Department of Permit and Inspection Services had a vision of fully integrating business and trade licenses, permits, and code enforcement into a single software package. It is also a 5 MIS Request for Sole Source Contract goal of the City to allow for the application of business and trade licenses online. With the City of Buffalo Licensing Office now fully utilizing Hansen8, this is not possible without an upgrade to the latest Hansen DynamicPORTAL. Another important goal for the City of Buffalo is to provide tablet PCs to city inspectors for the daily electronic recording of property inspections, which in turn can be synced to the Hansen8 system using INFOR's mobile Hansen software. This is not possible with Hansen7. A great deal of money has been invested in over 70 tablet PCs, which may go to waste if the Department of Permit & Inspection 6 Services does not successfully migrate from Hansen7 to Hansen8. The City of Buffalo also wishes to integrate data from the LAGAN CRM [Customer Relationship Management] software with the Hansen8 CRM system. The LAGAN CRM software is currently used by the City to allow citizens to request inspection and permitting services. The integration of LAGAN CRM and Hansen 8 CRM will allow city inspectors to view service requests via their Hansen8 mobile computer devices. After a service request is resolved, the results will then be updated to the LAGAN CRM software which will then inform the citizens of the completed project. Lastly, Hansen8 possesses a new cashiering module that will allow for greater speed and efficiency for the Treasury department when entering payments into the system. For example, when a person comes in to pay the annual Rental- Registration fee for multiple properties, tellers will no longer have to enter a separate payment for each property. They will now have the ability to look up all properties owned by said person, select the records that apply, and simply enter in only one payment. In addition to Permit and Inspection Services and Treasury, there are also several other departments within, the City of Buffalo that utilize the Hansen system. The Department of Public :.9 MIS Request for Sole Source Contract l n� 1 Works uses Hansen for Address, Load Zone, Street Cut, Curb Cut, Utility, and Oversized Trucking permits, as well as Board -Up and Clean & Seal invoicing. The Department of Strategic Planning uses Hansen for project planning and emergency rehab loans. The Preservation Department has access to Hansen for the approval and denial of permit applications on preservation and landmark properties. The Law Department uses Hansen for the setting up of escrow accounts and payment plans for owners whose property has been, or is scheduled to be, demolished. Overall, Hansen8 and DynamicPORTAL will greatly benefit the City of Buffalo, its residents, and those looking to do business within the city. Hansen8's new features, combined with DynamicPORTAL, will significantly increase the efficiency and ease of both City Hall and its customers' day -to -day operations. As stated in the quote from INFOR, if this project goes forward we expect the following services from INFOR. An upgrade to the LAGAN-Hansen8 Interface - Research methods to extract service request data from LAGAN CRM system. - Using LAGAN data, create service request in Hansen& - When service request completed in Hansen8, report back to and update LAGAN system. - Design and code LAGAN- Hansen8 interface software. - Install interface software on test server. - Test interface software. Apply fixes as necessary. - Install interface software on live server once tested and approved by City of Buffalo. 7 MIS Request for Sole Source Contract ,`S An upgrade to the DynamicPortal - Re- design and build the two (Z) existing ePermit application types (Electrical & Repair) in DynamicPORTAL. - Design and build up to eight (8) business license application types in DynamicPortal - Design and build up to seven (7) trade license application types in DynamicPortal - Design and configure payment cart system that will work with City of Buffalo's existing credit card transaction processor. - Install and configure DynamicPortal software on test server. - Test DynamicPortal software. Apply any fixes as necessary. - Install DynamicPortal software on live server once tested and approved by City of Buffalo. Training (Training the trainer) Sessions - Provide Hansen7- to- Hansen8 training to select City of Buffalo personnel, who in turn will provide future end -user training for City of Buffalo employees. - Provide LAGAN- Hansen8 training to select City of Buffalo personnel, who in turn will provide future end -user training for City of Buffalo employees. - Provide Hansen Mobile Software training to select City of Buffalo personnel, who in turn will provide future end -user training for City of Buffalo employees. - Provide DynamicPORTAL training to select City of Buffalo personnel, who in turn will provide future end -user training for City of Buffalo employees. M . 4 MIS Request for Sole Source Contract S. INFOR is the Proprietary Owner of Hansen McKinney's General Municipal Law (see Appendix #4) refers to the competitive bidding process for obtaining computer hardware /software /services and is one of the points that must be addressed before we can proceed. A RFP, searching for vendors to finish the Hansen project and to satisfy the McKinney's General Municipal Law, was released and returned by April 3rd of this year. All bids that were returned stating a "no bid" due to the time constraints set forth in the RFP. Time did not allow us to alter the RFP and resubmit. Since INFOR had provided us a quote for the proposed work in the past (see Appendix #3) and INFOR was willing to abide by it, we would like to take advantage of this quote at this time. We believe that since the INFOR Corp. is the sole source for their software and that any other vendor must in turn also deal with INFOR, we should be allowed to enter into negotiations directly with INFOR. On February 6th, 2013, INFOR informed the City that it was the sole proprietary owner of its Hansen products in a letter that was sent to the City of Buffalo (see Appendix #2). To us then, it seems that bringing in another vendor to this project, to act as a possible middle -man between the City and INFOR can only be redundant an additional time burden, in or minds, at this point of the project. INFOR has produced a timeline for the final phases of this project (see Appendix # 1) but must be adjusted for the correct starting date. 6. The State Efficiency Grant It is our understanding from the Commissioner of Administration and Finance that we must encumber the money for this project from the Efficiency Grant in the month of July 2013. It is with a strong sense of urgency then that we ask to be allowed to proceed with negotiations with the INFOR Corp. as soon as possible and before these funds are no longer available to us. t Z� 1 9 MIS Request for Sole Source Contract 7. Conclusion Due to the aforementioned reasons and concerns, the Department of Management Information Systems strongly recommends that INFOR be designated as a sole source contractor for the final phase of the Hansen project. INFOR has demonstrated that they are the sole proprietors of their product and we need to work with them to finish this project that has cost the City nearly $700,000 so far. We have shown that through the state efficiency grant we have the funds to finally complete this project. In addition to not wanting to have wasted years and a Iot of money on this project, we also want to be fiscally responsible and take advantage of this $250,000 state efficiency grant and save the City any additional costs. Instead of hiring a 3rd party to work with INFOR to complete this project, we have decided to work directly with INFOR to save the City the additional costs. Although our working relationship with INFOR has not been ideal, we acknowledge that progress has been made, and we are nearing an end to this project. Lastly, we join Mayor Byron W. Brown in our commitment to build a smarter, more productive, and more efficient City that will deliver timely, cost - effective, and the highest quality services to all residents of the City of Buffalo. 10 MIS Request for Sole Source Contract I APPENDIX I 11 MIS Request for Sole Source Contract 128 i — .. - - - - -- Milestone, Deploy Complete - - -- -- __ ._..._____ . -- Fri 8116113 I I I I -- - - - - -- - - -- - - - -- -- -- - - -- .... -- Fri ef15'13 f I I 12 IS Request equest for Sole Source Contract APPENDIX II c- �u,•.� -mss -Y 384 $1. PeterSlreet 51, Paul, MRZL Im' .il� -7a't =roan IhFOr.min February f, 201� Peter Barone Chief InfCrMall6n Officer City d BU'Halo 1301 CRty.}fitll. 8uffald;. NY 94202 RE; Single Source Pravi4er Statement Dear Clty of Buffalo: Let this letter serve as formal notice that Infor Public sector, Inc., fonnarly known as Hansen Iriformation Technologies, an Infor Gtobal SDlutioha Company with Ila principal place of busine8s located in Alpharetta Georgia, is the sole source of(i) Hanson 7, (ii) Hanson 8, and (iii) D.ynamibPortal aoftware products to the United States. and Canada. inforls the developer of these products and owns all proprietary rights thereto. Currently, Infor is the only company certified to install, configure and implement the Hansen software. If you heed any further information, or have questions regarding the above, please do not hesitate to call me-direotly at (661) 767 -4866 or contact me via email at Pa—t oia.EliasAlnfoncorn. Sincerely, Infor Patricia Elias Associate General Counsel 13 MIS Request for Sole Source Contract APPENDIX III Fixed Bid - Budgetary Quote Prepared for City of Buffalo Project IF Buffalo Permits Hansen DynamicPORTAL and Lagan Integration Name: Objective: Finalize the Hansen 8 DynamicPORTAL Development and Lagan Integration Project Scope Infor will provide the following time and material services to support the associated project plan in Attachment 1 — City of Buffalo, NY DP Lagan Project Plan (24 weeks). This project will initiate after the Go -Live of the completed Hansen Migration and HMS project and will include the development of DynamicPORTAL and Lagan integration as defined in the associated project plan. DynamicPORTAL and Lagan Integration Supply enhancement to the Infor proprietary software in the following areas: Support the DynamicPORTAL and Lagan integration effort as outlined in the associated project plan. Support the analysis of the Lagan Interface during the Design phase with an estimated work effort as outlined in the associated project plan. Support the analysis of the Permitting requirements for DynamicPORTAL during the Design phase City of Buffalo, NY DP Lagan Project Plan It is anticipated that Licensee will take the lead in analysis sessions and supply documentation on design to Infor in order to produce formal design documents for Licensee approval. Develop the Lagan Interface coding and code fixes in the Build phase as defined in the Lagan specification documents approved by Licensee during the Design phase. Configure up to 15 Detail Pages for Business Licensing and Trade Licensing. Configure up to 2 Detail Pages for Permitting. Configure the DynamicPORTAL Payment Cart interface. Support the Unit Testing activities with configuration tweaks for the Lagan Integration that reflect the Licensee approved requirements documentation. Support the Unit Testing activities with configuration tweaks for DynamIcPORTAL development that reflect only the Infor - developed Detail Pages requirements. Deliver a Train -the- Trainer training session for DynamicPORTAL with a work effort as outlined in the associated project plan. Deliver a total Train - the - Trainer training sessions for Lagan with a work effort as outlined in the associated project plan. Support activities for integrating the above deliverables into the City's existing Hansen 8 Prodution environment and completing the needed Go -Live activities to make the upgrades available to City operations. 14 MIS Request for Sole Source Contract Deliverables Infor will provide resources to support the associated project plan in Attachment 1 — City of Buffalo, NY DP Lagan Project Plan. 1) All services under this Work Order are provided as fixed fee basis with milestone billing points. The breakout of Infor effort/milestones is shown in the Fixed Fee Milestone Payments section below. 2) Licensee shall provide resources at the level necessary to successfully perform the tasks and responsibilities as defined in this Work Order. 3) Appropriate subject matter experts will be available for Q &A with reasonable notice and will have adequate knowledge of the change request to provide definitive answers. 4) Process owners (department heads, managers, supervisors) will be available with reasonable notice to confirm and validate Q &A as needed. 5) Licensee's personnel will attend and be on time for all scheduled work sessions, technical "side bars," question resolution sessions and "sign -off" meetings. Licensee's personnel will remain available throughout the scheduled time period. 6) Licensee is responsible for all unit testing of the Lagan Interface and DynamicPORTAL pages. 7) Licensee is responsible for delivery of all End User Training. 8) Licensee is responsible for all Security and Access Control setup. 9) Licensee is responsible for all unit and system testing of Data Migration. 10) Licensee is responsible for all reports and output development. 11) Licensee is responsible for all documentation, including training and user manual creation. 12) Licensee is responsible for all hardware cost and software setup. 13) The City of Buffalo will deploy a Project Manager, counterpart to the Infor Project Manager, for control and follow -up of tasks performed by the City of Buffalo Team. 14) Project tasks will be carried out according to the draft project plan developed by Infor upon agreement with the City of Buffalo. 15) The City has requested that Infor consultant travel for this project be kept to an absolute minimum. Further, that use of remote access technology methods should be used in lieu of travel wherever possible. Infor reserves the right to recommend Infor consultant travel to the project site when it serves the best interest of project. Training activities and Go -Live support are likely candidates for Infor consultant travel. Prior to booking travel, Infor will obtain consent from the City's designated Project Manager. When Infor requested travel occurs, travel arrangements, booking and payment will remain internal to Infor and will not be invoiced to or reviewed by the City. Exclusions 1) Any tasks or features that are not explicitly listed as included in the project plan are excluded from the scope of this work order. 2) Should the detailed design or review identify additional items other than those listed in the project plan will be identified as out of scope. These items will be reviewed by the Infor Project Manager to determine if there is an impact to the project cost or timeline. 3) Additional work effort will require a separate scope 1 proposal for Licensee acceptance should Licensee wish Infor add this additional work to the scope. Infor Responsibilities Infor will provide resources on a fixed fee basis to support the tasks and work effort as outlined in the associated project plan. If additional tasks or work effort is required to achieve the proposed scope of this Services Work Order or if additional effort is identified during the process; the additional effort required will be managed using formal proiect chance control. 1 1� 15 MIS Request for Sole Source Contract Licensee Responsibilities Licensee responsibilities are specified in Attachment 1 -- City of Buffalo, NY DP Lagan Project Plan. It is the responsibility of the Licensee to initiate this project with a notice of approval to begin work. The dates in the attached Project Plan will be adjusted to reflect the agreed upon project start date once Licensee approval to start has been received. Fixed Fee Milestone Payments Task 11 Fixed Fee US$ Project Initiation $32,0 Design 1: La an Interface $21,344.54 Design 2: Dynamic Portal $21,344.54 Build 1: La an Interface $21,344.54 Build 2: Dynamic Portal Detail Page Development & Q &A $32,017.81 Build 3: Permitting Detail Page Development & QA $21,344.54 Integration with existing Application $36,533.31 Testing $21,344.54 Trainin $21,344.54 Production Deployment and Go -Live $21,344.54 Total' 11 $245,980.00 CURRENCY: US DOLLARS � 16 MIS Request for Sole Source Contract t1,�• SOFTWARE SERVICES AGREEMENT THIS SOFTWARE SERVICES AGREEMENT (the "Services Agreement ") is made between Infor Public Sector. Inc. ( "Infor") and ( "Licensee ") as of the Effective Date. The parties agree as follows: 1. Definitions (a) " Affiliate " means any entity, directly or indirectly, controlling, controlled by, or under common control with, Infor. (b) " Confidential Information means non- public information of an Affiliate or a party to this Agreement that is identified as or would be reasonably understood to be confidential and/or proprietary. Confidential Information does not include information that: (1) is or becomes known to the public without fault or breach of the Recipient; (ii) the Discloser regularly discloses to third parties without restriction on disclosure; (iii) the Recipient obtains from a third party without restriction on disclosure and without breach of a non - disclosure obligation; or (iv) is independently developed by the Recipient without access to Confidential Information. (c) " Discloser " means the party providing Confidential Information to the Recipient. (d) " Effective Date means the date identified on the signature page of this Services Agreement as the Effective Date. (e) " Eauipment means the hardware and systems software configuration on which Infor supports use of .the Licensed Software. (f) ` Intellectual Property Rights means any and all rights in patents, patent applications, copyrights, copyright registrations, trade secrets, trademarks and service marks (including, where applicable, all derivative works of the foregoing). (g) "Licensed " means the computer software programs licensed by Infor or its Affiliate to Licensee. (h) " Recipient " means the party receiving Confidential Information of the Discloser. (i) means ideas, concepts, know -how or techniques related to the Discloser's technology and Confidential Information that are retained in the unaided memories of the Recipient who had rightful access to Confidential Information. Q) " Services " means the software - related professional services that Infor will provide Licensee as contemplated under this Services Agreement and/or any Work Order. (k) " Work Order has the meaning ascribed to such term in Section 2(a) of this Services Agreement. 2. Services (a) Work Orders Infor will provide Licensee with Services as set forth in one or more mutually agreed to and signed work order(s) which shall contain without limitation, a description of the Services, the Services rate(s) and payment terms (each a " Work Order The parties agree that Work Orders may not be complete statements of Services required by Licensee and additional Services may be required which would be difficult to determine as of the date of this Services Agreement or of the applicable Work Order. At Licensee's request, the Work Order may include an estimate of charges for the Services, but such estimate shall not be binding on Infor or convert the Work Order into a fixed price contract with respect to such Services. Unless expressly stated otherwise: (i) the Services rates are for an 8 -hour person - day and will not include the expenses and charges referred to in Section 3(a) of this Services Agreement; (ii) the quoted rates shall represent Infor's current rates applicable to Licensee (i.e., the rates applicable to Licensee as of the effective date of the Work Order) for the resources specified; and (iii) to the extent that Infor raises the rates charged for Services during the course of a project, Licensee shall be required to pay Infor at the increased rates. Infor is under no obligation to perform any Services other than pursuant to a Work Order. Notwithstanding the foregoing, if Infor performs Services at the direction of Licensee and the parties have not signed a Work Order for such Services, then such Services shall be subject to all terms and conditions of this Services Agreement, and Infor's then- current rates for such Services shall apply. Infor may provide Services through its third -party contractors ( " Contractors '), but, in all such cases, Infor will remain subject to the obligations hereunder. (b) Conditions On Providing Services. Licensee must assign a project manager who will assume responsibility for management of the project for which the Services are provided. Licensee will establish the overall project direction, including assigning and managing the Licensee's project personnel team. Licensee must provide Infor with such facilities, equipment and support as are reasonably necessary for Infor to provide Services, including remote access to the Equipment. Infor owns and will own all right, title and interest to the Services and any work product generated from the Services ( " Work Product "), and Licensee will execute and deliver to Infor any documents reasonably necessary to vest in Infor all right, title and interest therein. Subject to the terms and conditions of this Services Agreement, Infor grants Licensee a perpetual, non - exclusive, non - transferable license (without the right to sublease or sublicense) to use and copy for use 17 MIS Request for Sole Source Contract the Work Product for Licensee's own, internal computing operations. (c) Scheduling and Cancellation of Scheduled Services. In Infor Software Services Agreement (US Nov 2012) connection with any Work Order, Licensee should make staffing requests at least four (4) weeks in advance to increase the likelihood that the request can be filled for the Page 1 of 4 W V? MIS Request for Sole Source Contract date requested. While it is possible to secure staffing within this time frame (and Infor will make commercially reasonable efforts to comply with such staffing requests), the probability of obtaining the requested resources decreases the closer the request is made to the need date. The parties agree that once Licensee and Infor have scheduled a specific time during which Infor will provide Services under the terms of this Services Agreement and /or a Work Order, Licensee will be obligated to pay Infor for such Services as if Infor had performed such Services on the date scheduled and any related travel and living expenses to the extent such travel and living expenses are non - refundable, unless Licensee has notified Infor that Licensee would like to reschedule or cancel the provision of such Services at least twenty one (21) days prior to the date which Infor is scheduled to perform such Services. 3. Payment and Taxes (a) Payment Unless otherwise stated in the applicable Work Order, Infor will invoice Licensee for all Services and applicable charges on a bi- weekly basis, as Infor renders the Services or Licensee incurs the charges, as applicable. Licensee will also reimburse Infor for actual travel and living expenses that Infor incurs in providing Licensee with Services under this Services Agreement, with reimbursement to be on an as- incurred basis. Licensee will also reimburse Infor for all charges incurred in connection with accessing Equipment, if any. Licensee will pay each Infor invoice within fifteen (15) days of the date of invoice. Late payments are subject to a late charge equal to the lesser of: (i) one and one -half percent (1' /a %) per month; and (ii) the highest rate permitted by applicable law. (b) Taxes Licensee is responsible for paying all taxes (except for taxes based on Infor's net income or capital stock) relating to this Services Agreement, and any Services provided and payments made hereunder. Applicable tax amounts (if. any) are not included in the fees set forth in this Services Agreement and any Work Order. In each instance, Infor will invoice Licensee for applicable tax amounts and such invoices are due upon Licensee's receipt thereof. 4. Limited 3garranty and Disclaimer of Wgrranties. (a) Limited Services Warranly and Remedy For Breach. Infor warrants to Licensee that, for the period beginning on the specific date of the applicable Work Order and continuing for ninety (90) days after the completion of Services pursuant to that Work Order, Infor will render all Services under such Work Order with reasonable care and skill. If Licensee notifies Infor within the warranty period of a breach of the foregoing warranty, Infor will re- perform such Services in compliance with the foregoing warranty. If despite its reasonable efforts, Infor is unable to provide Licensee with Services in compliance with the foregoing warranty, then, subject to the limitations set forth in Section 12 of this Services Agreement, Licensee may pursue its remedy at law to recover direct damages resulting from the breach of this limited warranty. These remedies are exclusive and are in lieu of all other remedies, and Infor's sole obligations for breach of this limited warranty are contained in this Section 4(a). (b) Disclaimer of Warranty. The limited warranty in Section 4(a) is made to Licensee exclusively and is in lieu 19 1�� f MIS Request for Sole Source Contract of all other warranties. INFOR MAKES NO OTHER WARRANTIES 'WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO ANY SERVICES PROVIDED UNDER THIS SERVICES AGREEMENT AND /OR ANY WORK ORDER, IN WHOLE OR IN PART. INFOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF NON - INFRINGEMENT, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. INFOR EXPRESSLY DOES NOT WARRANT THAT THE SERVICES WILL MEET LICENSEE'S REQUIREMENTS. (c) FAILURE OF ESSENTIAL PURPOSE, THE PARTIES HAVE AGREED THAT THE LIMITATIONS SPECIFIED IN SECTIONS 4 AND 12 WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS SERVICES AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER LICENSEE HAS ACCEPTED ANY SERVICE UNDER THIS SERVICES AGREEMENT. 5. Confidential Information. Except as otherwise permitted under this Services Agreement, the Recipient will not disclose to any third party, or make any use of the Discloser's Confidential Information. The Recipient will use at least the same standard of care to maintain the confidentiality of the Discloser's Confidential Information that it uses to maintain the confidentiality of its own Confidential Information, but in no event less than reasonable care. Except in connection with the Licensed Software and any software provided with the Licensed Software, the non - disclosure and non -use obligations of this Services Agreement will remain in full force with respect to each item of Confidential Information for a period of ten (10) years after Recipient's receipt of that item. However, Licensee's obligations to maintain both the Licensed Software and any software provided with the Licensed Software as confidential will survive in perpetuity. Notwithstanding the foregoing, this Section is not intended to prevent a Recipient from using Residual Knowledge, subject to any Intellectual Property Rights of the Discloser. 6. Term and Termination (a) Right of Termination If either party materially breaches any material obligation in this Services Agreement or a Work Order (including, without limitation, any obligation to pay fees), and fails to remedy such breach (if such breach can be remedied) within thirty (30) days of receipt of written notice of such breach, the other party may terminate this Services Agreement (including all Work Orders hereunder). Notwithstanding the foregoing, to the extent such material breach cannot be remedied through efforts of the breaching party, the other party has the right to terminate this Services Agreement (including all Work Orders hereunder) on less than thirty days' written notice. Notice to Infor of an alleged breach of warranty will not constitute a notice of termination of this Agreement. (b) Effect of Termination Upon termination of this Services Agreement by either party, Infor will discontinue the provision of all Services and Licensee will promptly pay Infor for all Services rendered through the effective date of such termination. Termination of this Services Agreement will not release either party from making payments which may be owing to the other party under the terms of this Services Agreement for all Services rendered through the effective date of such termination. Infor Software Services Agreement (US Nov 2012) Page 2 of 4 20 1r MIS Request for Sole Source Contract (c) Survival of Obligations All obligations relating to non -use and non - disclosure of Confidential Information, limitation of liability, and such other terms which by their nature survive termination, will survive termination of this Services Agreement. (d) Termination Without Prejudice to Other Riohts and Remedies Termination of this Services Agreement will be without prejudice to the terminating party's other rights and remedies pursuant to this Services Agreement. 7. Notices All notices and other communications required or permitted under this Services Agreement or required by law must be in writing and will be deemed given when: delivered personally; sent by registered or certified mail, return receipt requested; transmitted by facsimile confirmed by first class mail; or sent by overnight courier. Notices must be sent to a party at its address shown on the signature page of this Services Agreement, or to such other place as the party may subsequently designate for its receipt of notices in accordance with this Section. Licensee must promptly send copies of any notice of material breach and/or termination of this Services Agreement to Infor, Attention: General Counsel, 40 General Warren Blvd Suite # 110, Malvern, PA 19355, USA, FAX number 678- 319 -8949, or to such other place as Infor may subsequently designate for its receipt of notices. 8. Force Maieure Except with respect to the payment of fees under this Services Agreement or a Work Order, neither party will be liable to the other for any failure or delay in performance under this Services Agreement due to circumstances beyond its reasonable control, including Acts of God, acts of war, terrorist acts, natural disasters, accident, labor disruption, acts, omissions and defaults of third parties and official, governmental and judicial action not the fault of the party failing or delaying in performance, or the threat of any of the foregoing. 9. Assjgngn. Licensee may not assign or transfer any of its rights or obligations under this Services Agreement, whether by law or otherwise, and any attempt at such assignment will be void without the prior written consent of Infor. For purposes of this Services Agreement, "assignment" shall include use of the Licensed Software for benefit of any third party to a merger, acquisition and /or other consolidation by, with, or of Licensee, including any new or surviving entity that results from such merger, acquisition and/or other consolidation. 10. No 111ljvei A party's failure to enforce its rights with respect to any single or continuing breach of this Services Agreement will not act as a waiver of the right of that party to later enforce any such rights or to enforce any other or any subsequent breach. 11. Choice of Law: Severability This Services Agreement will be governed by and construed under the laws of the State of New York, as applicable to agreements executed and wholly performed therein, but without regard to the choice of law provisions thereof. This Services Agreement is originally written in the English language and the English language version shall control over any translations. If any provision of this Services Agreement is illegal or unenforceable, it will be deemed stricken from the Services Agreement and the remaining provisions of the Services Agreement will remain in full force and effect. 21 r MIS Request for Sole Source Contract The United Nations Convention on the International Sale of Goods (CISG) shall not apply to the interpretation or enforcement of this Agreement. u •► • (a) LIMITED LIABILITY OF, INFOR THE TOTAL LIABILITY OF INFOR, ITS AFFILIATES AND CONTRACTORS IN CONNECTION WITH THE SERVICES, OR ANY OTHER MATTER RELATING TO THIS SERVICES AGREEMENT (WHATEVER THE BASIS FOR THE CAUSE OF ACTION) SHALL NOT EXCEED THE FEE THAT LICENSEE ACTUALLY PAID TO INFOR FOR THE SERVICES GIVING RISE TO THE LIABILITY UNDER THE APPLICABLE WORK ORDER. (b) EXCLU21ON OF DAMAGES. IN NO EVENT SHALL INFOR, ITS AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER INFOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. Compliance With Laws Licensee will comply with all laws, rules and regulations applicable to the use of the Services and the Work Product. 14. . During the period that Infor is providing Services pursuant to this Services Agreement and for a period of one (1) year following the completion of such Services, neither Infor nor Licensee will offer to hire, hire, Solicit for employment or retention as an independent contractor, or in any way employ any Resource of the other party without the prior written consent of the other party. " Solicit " as used in this Section does not include general solicitations, such as advertisements in newspapers, trade publications or on the internet. " Resource " for purposes of this Section means: (a) employees of the non - hiring party who directly worked on the Services project at Licensee's location (the " Project "), and (b) former employees of the non - hiring party who directly worked on the Project and whose employment with that party ended less than six (6) months prior to the date of such offer to hire, hire, Solicitation, or employment. 15. Entire Agreement This Services Agreement contains the entire understanding of the parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written communications between the parties about its subject matter. Any purchase order or similar document, which may be issued by Licensee in connection with this Services Agreement does not modify this Services Agreement. No modification of this Services Agreement will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Services Agreement. This Services Agreement and any signed agreement or instrument entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of digital imaging, electronic mail or a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version Infor Software Services Agreement (US Nov 2012) Page 3 of 4 22 l �� 1 �5 thereof delivered in person. This Services Agreement and all Work Orders may be signed in counterparts. THE PARTIES have executed this Services Agreement through the signatures of their respective authorized representatives. Effective Date: _ LICENSEE: Signature:_ Signature: _ Printed Name: Printed Name: Title: Title: Address: Address: Address: Address: Signature Date: Signature Date: MIS Request for Sole Source Contract 1��y Infor Software Services Agreement {US Nov 2012} Page 4 of 4 24 MIS Request for Sole Source Contract APPENDIX IV 1vleRinney's General Municipal Law §. 103 Page 105 such raetlori bur, Moer, the.furnishittg'of amriulaner. services :was one rcgmYing.spocial skill or it ftom tha general competi,tioe bidding taquiremant.g(n Cul rtuSia hnlnnr e . [Ad..v, Gross f:i p ep1, 1991) 80 A 7(2, qY,8.2d 13 7. t:rnrn[ies s 11 .An ambulange service mrittlOt is donsidered to. be :for professional services and is riot .a piiblib .wark:or. purchase conliac4rAquirittb 60M&titfv4 hiddiog. 34 Opiate Camps 76, 1'078. �� 104. -.•- Computer 5tgvioC4 service Coittraets City's cohtrUt for;.purchase ofcumputbr rnairtf}ame, centrat.process:ing unit was riot *thin'Now bWdtnkexcaptlorL $ or:setviees whicfirequire scientific knowledge, skill, expertise and experience, wiieie citywas not, seeldug-Osigh b s computu u system but'songbi- preposals fur a dpbdifr6VAif nr the oquii(alent proposers haa.lititc diseredon in select ing. hardwaie,ot software „-and the only services' which the request for proposals called for were lrrstallatjon and mahitetiarfce: f'aciEioor pitn' l..lup v. CI(v afNeu York ,..199p. 741 octet nl a i n 0z a23 - The design and acquisition by a muiricipality of a comprehensive, cvtnplex computer system, including hardware, software, persognel training and vendor support services, could tall within the professional services exception to lnunii`.ipai eumpetilive bi{idfragrequt ments ifitcen,be shown that there is an inextricable integiiilion ofsopltistfcated .scieaiMr and techriica[ skills which are uniquely related to the particular physical coopohents afthe system. Op. state Compt, 94 -164. Cni.rpctifive bidding requirements - are not aPplicahle to customized of site computer services provided to a water districf in mueetion with the preparation of accatluts receivable and billing, Op. State Gompi. 83 -71. [t would seem that the purchase of mstomized computer software or progrdinm ing serOlces.is not subject to compet• itive biddittg requirements since it involves the provision of highly skilled and technical services; however, the , par- chase of computer hardware or the purchase ofa computer system oonsisring of both software aced hardware is subject to bidding requirements, notwithstanding the.fact brat professional of technical services may be involved. op.State Conipt. 84 -461. A contract for computer services is subject to rompgtitivc bidding requirements, however, tinder certain elroums. tares; contracts for additional systanis or continuation of the exiging+ oann-act would not be subject to competitive biddingprocedures, Op-State Compt. 78.413. t QJ. Dsta procassigg;.service contracts ran off-track betting corporation, a public betzefit corporation., could properly execute contract for computer data processing;services.regtdring scientific and raohni,61 skill without competitive bidding. ineri' n'1'btaiisg Inc. v. Western fie ions l O ffr1ract Benin CUM. l4 Dc t. 1474 44 A150_ 46 1t.Y.42d itl1 uitici al (`or para_ ions_�!ti Contracts for microfilm print recording services and data prooess4tg services are public work contracts subject to doritpetitivc biddinft- loquirements. 34op.Siatc,Compt. a, 1974, A toutity may contract with a blink for the:preparation of its'payrolis by a data procesaing method and such a cont where the cost thereof exceeds $2,500 [now $7,0001, is subject to competitive 6iddirtg.regtiire.ments. 24 Qp,Stale Compi. 888, 196$, 020.11 Thomson Routers, No Claim to orig.'US Gov. Works, ) 25 MIS Request for Sole Source Contract 1 APPENDIX V September 14, 2012 Nr. Nils Olsen, Chairman Buffalo Financial Stability Board Market Arcade — Suite 400 617 Main Street Buffalo, New York 14202 Dear Mr. Olsen, The Department of Permit and Inspection Services choose Hansen to implement the Buffalo Inspection Services Network. Hansen will be a department -wide technology upgrade that will help streamline the City's inspection, permit, and licensing processes in order to enhance productivity, improve service response times, and increase transparency. This system upgrade, with a special focus on inspections fieldwork, would replicate similar programs in Raleigh, 14altimore, and Austin. The new program will support mobile field devices that will allow for real -time, single point of entry field inspections. It will allow field -based recording of inspections, the issuance of letters of violation and stop work orders, data access mr;d two -*my communications capabilities, including the use of cell phones, email, and the laternet. Staff training and support is a fundamental component of this project to ensure future efficiencies and ongoing program success. Various departments throughout the city have been working hard to complete the project. The current projection of costs is corning in at a higher cost due to the following: The `roof' cause for the overage in the Hansen 8 Project costa are due to the original contract being quoted for a Hansen 8 "Best Practices" implementation which is a "predefined" solution where the Software Company (Infor) dictates the business process..A few months into the project it was very clear that due to required compliance with City Ordinances and New York State Building and Fire Codes, a `predefined" solution dictated by the Software Company could not be implemented. Because the Department of Permit & Inspection Services is tasked with enforcing all applicable rules, regulations and ordinances of the City Charter and New York State Codes, a "customized." software solution was the only answer to ensure departmental compliance with these rules, regulations and ordinances. Therefore, the original contract quote of approximately $207,400 for Business Licenses was increased to approximately $467,000. The Project also includes a quote for the "migration" of all data from the formerly used systems, License "Peak' System and IIansen 7 to Hansen 8. The "customized" Software Solution also resulted in an increase in the original "Migration" quote from approximately $537,000 to approximately $671,000. W MIS Request for Sole Source Contract Thank you for your consideration. Sincerely, Byron W. drown. Mayor 27 1S T Request to Designate INFOR as Sole Source Contractor for the Hansen Project (MIS) Mr. Smith moved: That the above item be, and the above communication from the Department of Management Information Systems, dated June 21, 2013, with a recommendation for approval; That the Common Council hereby approves the designation of INFOR Corporation as the sole source provider for Hansen software and authorizes the Department of Management Information Systems to negotiate and enter into a contract, in a sum not to exceed $249,980 with INFOR Corporation for completion of the Hansen municipal management system upgrade for the Department of Economic Development and Permit and Inspection Services, subject to approval as to form by the Corporation Counsel. PASSED Comments and Setfingslclehnei%cml SetdnpMmpomq Intemel FilesIOLKIDUUqunt to Designate MFORdo *AYE *NO* FONTANA FRZCM - GOLONNEK PRMG N RUS SCANRM 23- G 34- 1 ,� FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS June 25, 2013 00009 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: Date: June 20, 2013 Public Works, Parks and Streets Parks SUBJECT: Buffalo Zoological Society of Buffalo, Inc. (the "Zoological Society ") seeks City of Buffalo's sign -off and certain agreements with regard to a $376,000.00 Grant to the Zoological Society from New York State Office of Parks, Recreation and Historic Preservation (Environmental Protection Fund) for a Zoo Improvements Project Related to the Arctic Edge Exhibit PRIOR COUNSEL REFERENCE: CCP item 71, Oct. 18, 2011 (Resolution in support of Zoological Society's initial grant applications) The Zoological Society is building an Arctic Edge Exhibit at the Zoo. The New York State Office of Parks, Recreation and Historic Preservation (Environmental Protection Fund) has approved $376,000.00 in grant funding to be utilized for the Arctic Edge Exhibit improvements. Because the Zoo is located on City -owned property, one of the conditions to the grant funding is a City of Buffalo Agreement under which the City of Buffalo agrees that the Zoo property improved with the grant funding will not, without prior consent of the State, be sold, leased or otherwise conveyed by the City for use for other than the Zoological Society's use'for the Arctic Edge project and park purposes. The City is not required to "up= front" or provide any funding in connection with this grant. For your reference and further background information about the $376,000.00 grant. funding related to the Zoo improvements project, I have attached the relevant grant Agreement which the City of Buffalo is being requested to sign -off on as "Guarantor ". I am requesting that your Honorable Body authorize the Mayor to execute the attached Agreement and further that your Honorable Body authorize the Mayor and/or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the utilization of the $376,000.00 grant funding for the subject Zoo improvements project. Department Head Name: Title: Steven Commi SIGNATURE OF DEPARTMENT HEAD: TAwp50V"UV1Moo5Arctic Edge Comm to Cotmeldom 1r� 1� STATE AGENCY (Name & Address): NYS COMPTROLLERS NUMBER: C126332 \ New York State Office of Parks, Recreation and Historic Preservation Albany, New York 12238 (For LISPS Mail) 625 Broadway Albany, New York 12207 (For Physical Delivery) GUARANTOR (Name & Address): City of Buffalo City Hall 65 Niagara Square Buffalo, New York 14214 CONTRACTOR (Name & Address): Zoological Society of Buffalo, Inc. 300 Parkside Avenue Buffalo, New York 14214 CHARITIES REGISTRATION NUMBER: 047298 CONTRACTOR IS UP -TO -DATE with filing all required annual written reports with the Attorney General's Charities Bureau, or the appropriate oversight Agency FEDERAL TAX ID NUMBER: 160911204 SFS VENDOR ID: 1000015010 NYS AGENCY NUMBER: EPF- 126332 -N3 ORIGINATING AGENCY CODE: 1290000 REGION: NI TYPE OF PROGRAM: ENVIRONMENTAL PROTECTION FUND PKS INITIAL CONTRACT PERIOD: FROM: December 18, 2012 TO: December 17, 2017 FUNDING AMOUNT FOR INITIAL PERIOD: $376,000.00 STATUS: CONTRACTOR IS NOT A SECTARIAN ENTITY CONTRACTOR IS A NON - FOR - PROFIT ORGANIZATION MULTI -YEAR TERM: (if applicable) FROM: N/A TO: NIA APPENDICES ATTACHED AND PART OF THIS AGREEMENT: APPENDIX A... Standard Clauses for All New York State Contracts APPENDIX A I ... Clauses Required by Office of Parks, Recreation and Historic Preservation APPENDIX A2. -.Not- For -Profit Prudent Certification APPENDIX B ... Budget APPENDIX C... Payment and Reporting Schedule APPENDIX D... Program Workplan APPENDIX X ... Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) APPENDIX E... Special Conditions and Requirements APPENDIX F ... Program Specific Requirements IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. PROJECT NUMBER: EPF- 126332 -N3 CONTRACTOR: Zoological Society of Buffalo, Inc. By Date: Printed Name: Printed Title: STATE OF NEW YORK } SS.: COUNTY OF ) On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their/ capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. GUARANTOR: City of Buffalo Printed Name: STATE OF NEW YORK ) SS.. COUNTY OF ) Notary Public, State of New York Date: Printed Title: On the day of in the year , before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their/ capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York STATE AGENCY: New York State Office of Parks, Recreation, and Historic Preservation Date: 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." ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller By Date J�u 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. WTTNESSET 4: 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: 1. Conditions of Agreement A. This period of this AGREEMENT shall be as specified on the face page hereof. Should funding become unavailable, this AGREEMENT may be suspended until funding becomes available. In such event the STATE shall notify the CONTRACTOR immediately of learning of such unavailability of funds, however, any such suspension shall not be deemed to extend the term of this AGREEMENT beyond the end date specified on the face page hereof. B. Funding for the entire contract period shall not exceed the amount specified as "Funding Amount for Initial Period" on the face page hereof, C. This AGREEMENT incorporates the face pages attached and all of the marked appendices identified on the face page hereof. D. To modify the AGREEMENT, 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 the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix Al. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program 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. H. 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. j� B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix Q. The STATE shall pay the CONTRACTOR, in consideration of contract services, a sum not to exceed the amount noted on the face page hereof. 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. ffi. 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 terminate this AGREEMENT without cause by ninety (90) days prior written notice. D. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix Al. E. 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. F. 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. G. The STATE shaII 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 Al. VI. Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of laws and regulations, or specified in Appendix Al. r C� STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A �� 1 STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract ") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): L EXECUTORY CLAUSE In accordance with Section: 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON - ASSIGNMENT CLAUSE In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. COMPTROLLER'S APPROVAL In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minim thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6 -a). However, such pre - approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract. Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON - DISCRIMINATION REQUIREMENTS To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220 -e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3- a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 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 Page 1 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, T�PnPmhar 9 017 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A l \ 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. 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. 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 $5,004, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET -OFF RIGHTS The State shall have all of its common law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set -off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute ") provided that: (i) the Paae 2 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, (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 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 December 2012 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A l 1 acquisition, construction, demolition, replacement, major repair or renovation. of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and. women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and (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 Iaw 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 II -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 address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of 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 Pave 3 December 2012 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A 1 l9� 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 Albany, New York 12245 Telephone: 518- 292 -5100 Fax: 518- 292 -5884 email. opa@esd.ny.gov A directory of certified minority and women -owned business enterprises is available from: (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 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). NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, NY 10017 212 -803 -2414 email. mwbecertificationg esd.ny.gov hgk // esd .ny.aov /MWBE /directMSearch.html 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 Page 4 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, Iegal or similar services, then, in accordance with Section 163 (4 -g) of the State Finance Law (as amended by Chapter 10 of the haws 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 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 December 2012 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A 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. PaLre 5 Dern.mher A 1 7 Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 APPENDIX A 1 - Clauses Required by Office of Parks, Recreation and Historic Preservation Changes to Budget and Program Workplan. Changes shall not be made in the work described in the Program workplan as described in Appendix D or the proposed expenditure of funds as shown in the Budget, Appendix B, without the prior written approval of the STATE. Such approval will be granted if the changes are not substantive and do not alter the scope, intent or basic elements of the contract. Changes may be made in the Budget to reallocate funds between budget items provided such changes do not equal or exceed ten percent of the total contract value and have the STATE's written approval. Changes in the Program Workplan which are substantive or alter the scope, intent or basic elements of the contract, or Budget changes which equal or exceed ten percent of the total contract value, if agreed to by the STATE, will be implemented by an amendment to this AGREEMENT which shall be approved by the Office of the State Comptroller (See Section I, Paragraph D of the AGREEMENT). 2. Termination. A. In the event the project cannot be completed as agreed upon by the STATE and the CONTRACTOR, the CONTRACTOR shall bring it to a point of recreational usefulness agreed upon by the STATE and the CONTRACTOR. B. The CONTRACTOR agrees that the benefit to be derived by the United States, the State of New York and the CONTRACTOR from compliance with the terms of this agreement is the preservation, protection and net increase in the availability and quality of public outdoor recreation facilities and resources available to the people of the United States, the State of New York and the CONTRACTOR and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished under this agreement. Further, payment to the STATE of an amount equal to the amount of money made available under this agreement would be inadequate compensation for any breach by the CONTRACTOR of this agreement. Therefore, the appropriate remedy in the event of a breach of this agreement by the CONTRACTOR shall be the specific performance of this agreement. Participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts; Omnibus Procurement Act. It is the policy of New York State to maximize opportunities for the participation of minorities and women as employees, and of New York State business enterprises, as subcontractors and suppliers on its procurement contracts. A. Omnibus Procurement Act Provisions. I. Information on the availability of New York State subcontractors and suppliers is available from: Empire State Development Division. Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (518) 292 -5250 / Fax: (5 18) 292 -5803 Note: When requesting lists of potential subcontractors and suppliers please identify the SIC code, size and location of vendors. II. If located in a foreign country the contractor is hereby notified that New York State may seek to obtain and assign or otherwise transfer offset credits created by this contract to third parties located in New York State. The contractor agrees to cooperate with the State in efforts to get foreign countries to recognize offset credits created by this contract. B. Equal Employment Opportunity Provisions. I. The CONTRACTOR and its subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 11. No later than seven days after being notified of the award of this contract the CONTRACTOR shall submit an Equal Employment Opportunity (EEO) policy statement to the STATE. III. The CONTRACTOR's EEO policy statement shall contain; but not necessarily be limited to, and the CONTRACTOR, as a precondition to entering into a valid and binding State contract, shall, during the performance of the contract, agree to the following: (a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts. (b) The CONTRACTOR shall state in all solicitations or advertisements for employees that, in performance of this contract, all qualified applicants will be afforded equal employment opportunities without discrimination because or race, creed, color, national origin, sex, age, disability or marital status. (c) At the request of the STATE 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 CONTRACTORS obligation herein. N. No later than seven days after being notified of the award of this contract the CONTRACTOR may be required to submit to the STATE a staffing plan of the anticipated work force to be utilized on this contract or, where required, information on the CONTRACTOR's total work force, including apprentices, broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the STATE. The form of staffing plan shall be supplied by the STATE. V. On a schedule to be determined by the STATE, and in a form and manner required by the STATE, the CONTRACTOR shall submit to the STATE a work force utilization report, of the work force actually utilized on this contract, broken down by specified ethnic background, gender, and Federal occupational Categories or other appropriate categories specified by the STATE. The form of the staffing plan shall be supplied by the STATE. VI. The CONTRACTOR shall include the language of sub- paragraphs (I) through (V) in every subcontract in such a manner that the requirements of the provisions will be binding upon each subcontractor as to work in connection with this contract, including the requirement that subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, when requested, provide to the CONTRACTOR information on the ethnic background, gender, and Federal Occupational Categories of the employees to be utilized on this contract. VII. The CONTRACTOR agrees to comply with all applicable Federal, State and local Civil Rights and Human Rights laws with reference to equal employment opportunities and the provision of services. C. Minority/Women Owned Business Enterprise Provisions. I. A directory of minority and women -owned business enterprises is available from: Empire State Development Division Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (518) 292 -5250 / Fax: (518) 292 -5803 II. Definition. For the purposes of these clauses, the following definition shall apply: (a) "Certified business" shall mean either a business certified as a minority or women -owned business enterprise pursuant to section 314 of the Executive Law. Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 (b) "Director" shall mean the Director of the Division of Minority and Women's Business Development established by section 311 of the Executive Law. (c) "Minority group member" shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (1) Black persons having origins in any of the Black African racial groups; (2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race; (3) Native American or AIaskan native persons having origins in any of the original peoples of North America; (4) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands. (d) "Minority -owned business enterprises" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (1) at least fifty-one percent owned by one or more minority group members; (2) an enterprise in which such minority ownership is real, substantial and continuing; (3) an enterprise in which such minority ownership has and exercises the authority to control independently the day -to -day business decisions of the enterprise; and (4) an enterprise authorized to do business in this state and independently owned and operated. (e) "Subcontract" shall mean an agreement providing for total expenditures in excess of $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation or not- far -profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed. (f) "Women -owned business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (1) at least fifty-one percent owned by one or more United States citizens or permanent resident aliens who are women; (2) an enterprise in which the ownership interest of such women is real, substantial and continuing; (3) an enterprise in which such women ownership has and exercises the authority to control independently the day -to -day business decisions of the enterprise ; and (4) an enterprise authorized to do business in this state and independently owned and operated. III. Utilization Program Waivers. (a) If goals have been established by the STATE for the participation of certified M/WBE's on this agreement, at the direction of the STATE, but in no case later than execution of the agreement the contractor shall submit to the STATE a utilization program on forms to be provided by the STATE. The utilization program shall list all subcontractors and suppliers the contractor intends to use on the contract and indicate which are certified M/WBE's. (b) The STATE will review the utilization program and will issue to the contractor a written notice of acceptance or deficiency within twenty days of receipt. A notice of deficiency shall include; Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 (1) the name of any MIWBE which is not acceptable for the purpose of complying with MIWBE participation goals; (2) elements of the contract scope of work which the STATE has determined can be reasonably structured by the contractor to increase the likelihood of participation of MIWBES; and (3) other information which the STATE determines to be relevant to the utilization program. (c) The contractor shall respond to the notice of deficiency within seven days of receipt by submitting to the STATE a written statement which remedies the deficiencies in the original plan. If the written remedy which the contractor submits is not timely or is found by the STATE to be inadequate, the STATE shall so notify the contractor within five days and direct the contractor to submit a request for a partial or total waiver of M/WBE participation goals on forms to be provided by the STATE. The request for waiver must be submitted within five days of the contractors receipt of a notice that the statement of remedy was untimely or inadequate. (d) A contractor who has made good faith efforts to obtain commitments from M/WBE subcontractors and suppliers prior to submitting its utilization program may request a waiver at the same time it submits its utilization program. If a request for waiver is submitted with the utilization program, and is not accepted by the STATE at that time, the provisions of clauses (b) and (c), regarding the notice of deficiency and written remedy will apply. In this case, the contractor may submit a second request for waiver as directed by the STATE. (e) If the contractor does not submit a request for waiver, or if the STATE determines that the utilization program does not indicate that the M/WBE participation goals will be met and that the good faith efforts of the contractor have been inadequate to justify the granting of the request for waiver, the STATE shall terminate the contract, or if the contract has not been executed, the STATE shall withdraw from contract negotiations. Notice of termination or withdrawal, along with a denial of a request for waiver, where applicable, shall be delivered to the contractor no later than twenty days after the STATE receives the request for waiver. (f) The contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its utilization program, at least to the extent indicated in the program. IV. Administrative Hearing on Disqualification of Contractor. (a) If the STATE disqualifies the contractor on the ground that the contractor has failed to remedy deficiencies in its utilization program or document good faith efforts to remedy such deficiencies, the contractor shall be entitled to an administrative hearing, on the record, before a hearing officer appointed by the STATE, to review the determination of disqualification of the contractor. (b) The hearing officer's determination shall be a final administrative determination of the STATE and shall be reviewable by a proceeding brought pursuant to the Civil Practice Law and Rules, provided such proceeding is commenced within thirty days of notice given by certified mail, return receipt requested, rendering such final administrative determination in accordance with the provisions of section 313 of the Executive Law. (c) Such review shall be commenced in the Supreme Court, Appellate Division, Third Department, and shall be heard and determined in preference to all other civil business pending therein, except election matters, irrespective of position on the calendar. Appeals taken to the Court of Appeals of the State of New York shall be subject to the same preference. V. Good Faith Efforts. In order to show that it has made good faith efforts to comply with the MIWBE participation goals of this contract, the contractor shall submit such documentation as will enable the STATE to make a determination in accordance with the following criteria: (a) Did the contractor submit a completed, acceptable utilization program and EEO program aimed at meeting the goals for the participation of minorities and women in the contract? (b) Did the contractor place advertisements in appropriate general circulation, trade and minority or woman -owned publications in a timely fashion? Zoological Society of Buffalo, Inc. l(g� Arctic Edge Exhibit EPF- 126332 -N3 (c) Did the contractor make written solicitations to women and minority -owned business enterprises listed in the directory of certified businesses in a timely fashion and include plans, specifications and contract terms. Did the businesses solicited respond in a timely fashion? (d) Could the contractor have reasonably structured the work to be performed under subcontracts so as to increase the likelihood of participation by certified businesses? (e) Did the contractor attend any prebid or preaward meetings scheduled by the STATE with MIWBE's which the STATE determined were capable of performing work or supplying materials on the contract? (f) Were the subcontract terms and conditions offered to M/WBE's comparable to those offered in the ordinary course of the contractor's business to other subcontractors on the contract? (g) Did the contractor make payments to MIWBE subcontractors and suppliers in a timely fashion? VI. Reports. The contractor shall submit, and shall require subcontractors to submit, reports showing the participation of all business enterprises on this contract, including minority and women -owned business enterprises on forms and at intervals to be established by the STATE. Reports not submitted at such times as shall be required by the STATE shall be cause for the STATE to delay implementing scheduled payments to the contractor. VII. Contractor's Failure or Inability to Meet MIWBE Participation Goals. (a) If the contractor, after making good faith efforts, is unable to comply with a contract's MIWBE participation goals, the contractor may submit a request for a partial or total waiver on forms provided by the STATE. If the documentation required with the request for a waiver is complete, the STATE shall evaluate the request and issue a written notice of acceptance or denial within twenty days of receipt. (b) If the STATE, upon review of the contractor's utilization program and compliance reports, determines that the contractor is failing or refusing to comply with MIWBE participation goals, and no waiver has been issued in regards to such non - compliance, the STATE may issue a notice of deficiency to the contractor. The contractor must respond to the notice within seven days of receipt. This response may include a request for partial or total waiver of MIWBE participation goals. VIII. Contractor and Agency Complaints, Arbitration. (a) If the contractor submits a request for a waiver of MIWBE participation goals and the STATE denies the request or fails to respond within twenty days of receiving it, the contractor may file a complaint with the Director according to the provisions of section 316 of Article 15 -A of the Executive Law. The complaint must be filed within twenty days of the STATE's receipt of the request for waiver, if the STATE has not responded in that time, or within twenty days of a notification that the request has been denied by the STATE. (b) If the contractor fails to respond to a notice of deficiency, the STATE may file a complaint with the Director pursuant to section 316 of Article 15 -A of the Executive Law. (c) A complaint shall set forth the facts and circumstances giving rise to the complaint together with a demand for relief. (d) The party filing a complaint, whether the contractor or the STATE, shall deliver a copy to the other party. Both the complaint and the copy shall be delivered by either personal service or by certified mail, return receipt requested. (e) Upon receipt of a complaint, the Director shall provide the party against whom the complaint has been filed with an opportunity to respond to the complaint. If within thirty days of receipt of the complaint, the Director is unable to resolve the complaint to the satisfaction of the STATE and the contractor, the complaint shall be referred to the American Arbitration Association for resolution pursuant to section 316 of Article 15 -A of the Executive Law and the applicable requirements of Article 75 of the Civil Practice Law and Rules. Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 N3 (f) Upon conclusion of the arbitration proceedings, the arbitrator will submit to the Director his or her award regarding the alleged violation of the contract or the refusal of the STATE to grant a waiver request by the contractor. The award of the arbitrator with respect to an alleged violation of the contract or the refusal of the state agency to grant a waiver shall be final and may be vacated or modified only as provided by Article 75 of the Civil Practice Law and Rules. (g) Upon conclusion of the arbitration proceedings and the rendition of an award, the arbitrator will also recommend to the Director a remedy, including, if appropriate, the imposition of sanctions, fines or penalties. The Director will either; (I) adopt the recommendation of the arbitrator; (2) determine that no sanctions, fines or penalties should be imposed; or (3) modify the recommendation of the arbitrator, provided that such modification shall not expand upon any sanction recommended or imposed by any new sanction, or increase the amount of any recommended fine or penalty. (h) The Director, within ten days of receipt of the arbitrator's award and recommendations, will file a determination of such matter and shall cause a copy of such determination to be served upon the parties by personal service or by certified mail, return receipt requested. The determination of the Director as to the imposition of any fines, sanctions, or penalties shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules. (i) The determination of the STATE or the contractor to proceed with a complaint shall not preclude the STATE, in its discretion, from pursuing any -other remedies which it may have pursuant to Iaw and the contract. M Subcontracts. The contractor will include the provisions of sub - paragraphs (V) and (VIII) above in every subcontract, as defined in sub - paragraph (II), in such a manner that such provisions will be binding upon the subcontractor as to work in connection with this contract. 4. Non - Discrimination. The CONTRACTOR shall not limit access or discriminate. in the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 APPENDIX A -2 CIauses Required by Office of Parks, Recreation and Historic Preservation Not - for -Profit Corporation Prudent Procurement Certification I, (name), being the (title) of the (not for profit corporation), certify that said not - for -profit corporation has policies and procedures in place for procuring quality goods and services in a way that assures prudent and economical use of public money in the best interests of the taxpayers of the State of New York, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against nepotism, favoritism, improvidence, extravagance, fraud and corruption. Such procedures may include, but are not limited to, competitive bidding, the solicitation of three price quotes, written requests for proposals, etc. I also assert that documentation demonstrating the policies and procedures for procurement under this AGREEMENT is on file and will be available upon request for a period of six years from the ending date on the contract. I further acknowledge that Minority - and Women -Owned Business Enterprise (MWBE) opportunities are a priority of the State of New York and outreach to New York State certified MWBE firms is a requirement under this grant. I will ensure that utilization of New York State certified MWBE businesses are maximized under this grant. Date: Signature: Title: Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 APPENDIX B - BUDGET The detailed estimated budget for the project as outlined in this AGREEMENT is as follows: EXPENSES Development To include: design of exhibit graphics and interactive components, $501,000.00 fabrication and installation of outer ring graphics, interior pathway graphics, indoor interactive components Administration To include: project sign, audit $ 3.000.00 TOTAL COST $504,000.00 FUNDING BREAKDOWN STATE Share $376,000.00 CONTRACTOR Share $128,000.00 Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 APPENDIX C - PAYMENT AND REPORTING SCHEDULE DEVELOPMENT I. Amount of Grant Award: $376,000.00 H. The STATE agrees to make available to the CONTRACTOR a sum not to exceed the funding amount identified on the face page hereof. The STATE share shall cover no more than seventy five percent of eligible expenditures for any reimbursement request under this AGREEMENT. The grant reimbursement rate is determined by the ratio of funding amount to the total project cost in accordance with the budget (Appendix B). M. The STATE'S share of the project cost asset forth in this AGREEMENT shall be paid to the CONTRACTOR electronically, in accordance with ordinary State procedures and practices. CONTRACTOR shall comply with the State Comptroller's procedures to authorize electronic payments which can be obtained at the State Comptroller's website at www.ose.state.ny.us/epgL/iiidex.htm by email at epunit(cx�,osc.state.ny.us, or by telephone at 518 -474- 4032. CONTRACTOR acknowledges that it will not receive payment on any invoice submitted under this contract if it does not comply with the State Comptroller's electronic payment procedures. Electronic payments will be made in installments as follows: A. INSTALLMENTS: CONTRACTOR shall be reimbursed as expenditures accrue for costs incurred from the project as outlined in APPENDIX B. Payments shall be made upon review and approval of appropriate plans, specifications, expenditure and project documentation to the satisfaction of the STATE. B. A FINAL INSTALLMENT of not less than 10% of the STATE'S share of the total cost shall be made upon, to the satisfaction of the STATE: (1) completion of the project to the satisfaction of the STATE, (2) expenditure and project documentation, (3) review and approval of the Project Completion Report, (4) performance of a Final On -Site Inspection by the STATE, (5) if an amendment is required, a fully executed document must be on file prior to release of final reimbursement and formal close -out of the project, (6) for Parks projects, a list of facilities developed and/or acres acquired, an as -built and /or as- acquired site map* and a final boundary map *. When parkland is involved, a map of the entire park, even if the subject of the grant involves property that is less than the entire park. The boundary map should show both: {a) the actual boundaries of the entire park in yellow, and in enough detail to be legally sufficient to identify the parkland, and {b) the actual boundaries of those parcels that are the subject of an acquisition or donation, color -coded and keyed to the "Schedule 1 - Summary Sheet Per Parcel" form. Acceptable methods of identification are: {1) metes and bounds (preferred), {2} deed references, {3} adjoining water bodies or other natural landmarks, {4) government survey, (5) adjoining ownership's and/or f 6 adjoining easements of record. Where one or more of these methods are not suitable for identification, measurements from permanent locators may be used. It is recommended that the map itself clearly show pertinent features such as roads, road names and numbers, bodies of water, buildings, structures, etc. The map must also identify all known outstanding rights and interests held by others, as well as known easements, deed/lease restrictions, reversionary interests, etc. The map must also include the title and number of the project, date of map preparation and name and signature of authorized officer, (7) approval by the STATE of documentation showing efforts made to satisfy requirements for the participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts, (8) for all projects, an accounting of all expenditures. See Appendix E for the requirement for this project. IV. Payment shall be made upon approval by the STATE and audit and warrant of the State Comptroller of vouchers executed by an authorized officer of the CONTRACTOR accompanied by such receipts and documents verifying expenditures as may be required by the STATE. *May be prepared on one snap. Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 V. The CONTRACTOR shall submit, with each payment request, a certificate executed by an authorized officer, which shall attest that said payment does not duplicate a request for payment, or any payment received, from any other source for goods or services under this AGREEMENT. VI. The designated payment office shall be New York State Office of Parks, Recreation and Historic Preservation, Albany, New York 12238. VII. Within fifteen days of receiving the voucher, the STATE shall notify the CONTRACTOR of any problem with the voucher; for example, whether there are mistakes on the voucher or additional documents must be submitted. Once the CONTRACTOR has submitted a voucher to the STATE, the STATE will review and audit the .voucher and submit it to the State Comptroller within thirty days. VIII. The STATE shall make periodic inspections of the project both during its implementation and after its completion to assure compliance with this AGREEMENT. The CONTRACTOR shall allow the STATE unrestricted access to work during the preparation and.progress of the work, and provide for such access and inspection by the STATE in all construction contracts relating to the project. C IX. The CONTRACTOR can receive reimbursements of all or any part of the above referenced schedule provided the appropriate expenditure and project documentation is submitted and approved by the STATE. Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 APPENDIX D - PROGRAM WORKPLAN L PROJECT NARRATIVE: The Zoological Society of Buffalo is building a $14.4 million Arctic exhibit at the Buffalo Zoo. The current polar bear exhibit has suffered from 70+ years of neglect and does not meet the standards of the Association of Zoos and Aquariums, which accredits zoos. The Arctic exhibit will include a Conservation Center which will house interactive educational exhibits. The interpretive graphics and interactive exhibits will educate hundreds of thousands of Western New Yorkers about climate change and ways they can act to reduce greenhouse gas emissions. This project will fund those exhibits. H. ARTICLE 15A PARTICIPATION: The STATE has established the following goals for the participation of certified minority and women -owned businesses (MWBE's) on this project: A combination of 20% Minority AND Women -Owned Businesses, to include at least 1% participations in either category. The CONTRACTOR shall comply with the provisions of the document labeled Appendix Al, which is attached to and made a part of this AGREEMENT. M. PROJECT SCHEDULE: The following schedule is a recommended timeframe for monitoring major thresholds which will result in completion of the grant by the scheduled ending date. This does NOT describe all the required steps involved in meeting these thresholds, nor is it intended to be a precise calendar. Nevertheless, not only is the schedule to be used as a monitoring tool by the CONTRACTOR and by the STATE, non - adherence to these timeframes without acceptable justification will be used as criteria in determining grant cancellation. The project documentation listed below should be submitted for approval/acceptance by the STATE as follows: ITEM DATE DUE THE FOLLOWING ITEMS MUST BE SATISFIED BEFORE STARTING THE BIDDING PROCESS A copy of the SolicitatiouMP for Design Services Final Plans and Specifications June, 2013 July, 2013 UPON SATISFACTION OF THE ABOVE, PROCEED WITH THE FOLLOWING: Construction Bidding Process Commences Bid Award M/WBE Utilization Program Start of Construction MWBE reports/Payment Requests Project Completion July, 2013 August, 2013 August, 2013 September, 2013 ONGOING December, 2017 �'�4 Close -out Documentation Requirements (See Appendix C) March, 2019 Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 APPENDIX X -MODIFICATION AGREEMENT FORM Period From: To: Funding Amount for Period: Agency Code: 1290000 Project M 126332 Contract #: C126332 This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the Office of Parks, Recreation and Historic Preservation, having its principal office at Albany, New York 12238 (hereinafter referred to as the STATE), and the Zoological Society of Buffalo, Inc., having its principal office at 300 Parkside Avenue, Buffalo, New York 14214 (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C 126332, as amended in this Appendix. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACTOR: Zoological Society of Buffalo, Inc. By: Printed Name: Printed Title: Date: STATE OF NEW YORK ) SS.: County of ) STATE AGENCY: New York State Office of Parks, Recreation and Historic Preservation 0 Date: 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." On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity (ies), " and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ATTORNEY GENERAL (Notary Public, State of New York) Approved: Thomas P. DiNapoli State Comptroller I: Date Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 APPENDIX E - SPECIAL CONDITIONS AND REQUIREMENTS PKS PROJECTS *I. With the commencement of the project, the CONTRACTOR shall erect a project sign at the project site noting the State's assistance to the project. The project sign specifications are available from the STATE. The project sign shall remain in place in perpetuity. 11. In the event of any unanticipated archeological discoveries, the CONTRACTOR shall stop all work and notify the STATE immediately. Work shall not resume until the STATE determines how any previously undiscovered archeological remains will be treated. Special attention shall be given to any discovery of burials, graves, or human remains. *III. Due to the potential for ground disturbance resulting from any ground disturbing activity (e.g. trenching, grading, demolition, new construction), an archeological survey is required unless substantial prior ground disturbance can be documented. Documentation of prior ground disturbance, or a proposal for archeological testing, must be reviewed and approved by the STATE before undertaking either the testing or ground disturbance. *IV. The CONTRACTOR shall provide the following documentation to the STATE prior to the final execution of this AGREEMENT: ➢ Vendor Responsibility Questionnaire. ➢ Equal Employment Opportunity Policy Statement. ➢ An Opinion of Municipal Counsel. ➢ A signed, original authorizing resolution. ➢ Proof of coverage, or exemption from coverage, by both Workers Compensation and Disability Insurance. *V. This project may require permits from either the NYS Department of Environmental Conservation (DEC) and/or the US Army Corp of Engineers (COE). Contact DEC and COE to detennine if any permits are needed. A copy of the permit(s) or a letter (s) from the appropriate Agency which states that no permit is required must be filed with the STATE. VI. The CONTRACTOR will consult with the STATE's Historic Preservation Office (SHPO) before finalizing any plans for and/or designs of development of existing features at the involved properties. Such features include buildings, structures, topography (the height, depth or shape of natural or man-made ground features), vegetation (hedges, fields, wood lots), circulation components (roads, paths, trails, parking areas), natural and man -made water features, and site furnishings and objects. Materials describing existing conditions (photographs and written narratives) will be submitted for SHPO review; subsequently, information regarding proposed work (drawings, written narratives, technical materials) also might be required. VII: As a prerequisite to final reimbursement, this project requires an audit of the Statement of Contract Revenues and Contract Expenditures performed by a certified public accountant currently licensed by the NYS Board of Public Accountancy in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States to the satisfaction of the STATE. VIII. The CONTRACTOR may receive payment by paper check if expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. *Conditions noted with an asterisk must be satisfied prior to commencement of work on this project. Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 APPENDIX F - PROGRAM SPECIFIC REQUIREMENTS I. Construction Requirements. A. Contract plans, specifications, and cost estimates shall be submitted to the STATE for review prior to the letting of any construction contract by the CONTRACTOR. Once all changes have been made and agreed to by the STATE and the CONTRACTOR, the CONTRACTOR shaII submit three copies of the plans, specifications and cost estimates to the STATE. The STATE shall verify that the plans, specifications and cost estimates are in conformance with the work described in "APPENDIX B - BUDGET and shall so notify the CONTRACTOR in writing; the STATE shall further verify that appropriate documents have been prepared by a professional licensed to practice in the State of New York. A complete set shall be returned to the CONTRACTOR by the STATE and shall be kept on the project site at all times. All plans and specifications as reviewed shall become part of this AGREEMENT, and no change or revision may be made to such plans and specifications without the express written consent of the STATE. B. Contracts for construction in excess of thirty five thousand dollars ($35,000) shall be awarded after competitive bidding in accordance with the provisions of the General Municipal Law. A certified copy of a summary of all bids shall be submitted to the STATE prior to awarding a contract, and an executed copy of the construction contract will thereafter be submitted to the STATE. C. The CONTRACTOR shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS -- Appendix A to 41 CFR part 101- 19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG -- Appendix A to 28 CFR part 36) and the New York State Uniform Fire Prevention and Building Code (parts 1100 -1102 of Tit le 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design /construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. D. It is the CONTRACTOR'S responsibility to assure that all work on the project complies with all applicable state and/or local laws including, but not limited to; zoning ordinances and building codes. E. All purchase contracts involving an expenditure of more than twenty thousand dollars ($20,000) shall be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided for in section 103 of the General Municipal Law. F. It is the CONTRACTOR' responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for STATE audit and review either proof that they have Workers' Compensation coverage for any employees, or a waiver statement from the New York State Department of Labor. The CONTRACTOR must also obtain from any contractor or sub- contractor hired to provide a service pursuant to this AGREEMENT, similar proof or waiver from the contractor or sub - contractor, and must maintain such documentation on file for audit. G. Goods and services which are not required by this contract to be procured by the CONTRACTOR pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of grant moneys, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. III. Fees. The CONTRACTOR may charge a reasonable fee for the use of any facility, which is part of the project. A. Except for the imposition of a differential fee schedule for non - residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non - residents shall not exceed twice those charged to residents. Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EP1 126332 -N3 B. Where there is no charge for residents but a fee is charged to non- residents, non - resident fees cannot exceed fees charged for residents at comparable State or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non - residents and the period of availability must be the same for both residents and non - residents. D. This provision does not apply to non - resident fishing and hunting license fees. III. Funding. The CONTRACTOR hereby certifies that the funds made available by the STATE under this AGREEMENT shall not supplant local funds already appropriated or identified by the CONTRACTOR for the project. IV. Termination. The CONTRACTOR shall complete the project as set forth in this AGREEMENT, and failure to render satisfactory progress or to complete the project to the satisfaction of the STATE may be deemed an abandonment of the project and cause for the suspension or termination of any obligation of the STATE. In the event the CONTRACTOR should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the CONTRACTOR by the STATE and not expended in accordance with this AGREEMENT shall be repaid to the STATE upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from any State assistance to which the CONTRACTOR would otherwise be entitled an amount equal to the monies demanded (see Section III of this AGREEMENT). V. Alienation. A. The CONTRACTOR shall not at any time sell or convey any facility acquired or developed pursuant to this AGREEMENT or convert such facility to other than public park purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by the STATE. B. In addition to the provisions of subparagraph (A) of this section, and notwithstanding anything to the contrary contained herein, the CONTRACTOR shall not sell, lease or otherwise convey in any manner or permit a change in use of the project, in whole or in part, unless it shall have first received the approval of the STATE. C. The CONTRACTOR agrees to own or hold by lease and to maintain and operate the project in perpetuity. The CONTRACTOR shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the STATE. Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 ��� Zoological Society of Buffalo, Inc. Arctic Edge Exhibit EPF- 126332 -N3 ' j1 Grant Agreement — Buffalo Zoological Society of Buffalo, Inc. (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 20, 2013, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and hereby is authorized on behalf of the City to accept the award of a grant, totaling $376,000.00 for the Arctic Edge Exhibit improvements from the New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) and that the Mayor is authorized to execute the agreement; that the Mayor and /or other City personnel are authorized to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the utilization of the $376,000.00 grant funding for the subject Zoo improvements project. PASSED C oacuments and Setdngslclehner\Local SettingsMmporary Internet Files\DLKID\Grant Agreement- Zoo.docx FONTANA Vi w c zyy L OOLGII' M 140 URTO PRIDGEN * '� IUVM RUSS= SCAIMMON SPAM 213- 6 4 314- 000 Ill. 0 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 18, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract j: Kleinhans Music Hall [: HVAC, Plumbing, Fire Protection [: Job #1273 j: Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: lg� hereby submit to Your Honorable Body the following changes for Kleinhans Music Hall, HVAC, Plumbing, Fire Protection, MLP Plumbing & Mechanical, Inc., C #93001056. 1. Furnish and install new Asco #8044 2" Dia Manual Rest gas valve. Add $ 2,408.13 The foregoing changes result in a net increase in the contract of Sixteen Thousand Eight Hundred Eighty Six and 201100 Dollars ($16,886.20). Summary: Original Contract Amount Change Order #1 Amount of This Change Order ( #2) Revised Contract Amount $668,000.00 $ 16, 886.20 $ 2,408.13 $687,294.33 Costs have been reviewed by Buffalo Engineering, Inc. and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35323106 445100 -Buildings. SJSIPJMIJFIdlg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merio, P. E. Title: City Engineer For: Commissione 5> orks, Parks & Streets Signature of Department Head: M Change in Contract — Kleinhans Music Hall HVAC, Plumbing and Fire Protection (Nia) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated June 18, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #2 in the amount of $2,408.13 (Original Contract Amount $668,000.00 + Change Order #1 $16,886.20 + Change Order #2 $2,408.13 for a Revised Contract Amount of $687,294.33) for HVAC, plumbing and fire protection at Kleinhans Music Hall, to MLP Plumbing & Mechanical, Inc., C #93001056. Funds for this project are available in Account #35323106 445100 — Buildings. PASSED C:Mocuments and Settingsklehnetd ocal SettingsUemporary Internet HeAOLKIDThange in Contract- Klcinhans.doc IN jz � *AYE * No FONTM . Ft MCZYK . - GOLOWEK J +OcgmTo PRWGKN RUSS= SCQON RIM 213- 6 314- 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 19, 2013 FROM: Department of Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: 1285 Main Street [: handicap ramp within City Right of Way PRIOR COUNCIL REFERENCE: (IF ANY) Mr. William D. Paladino, of Ellicott Development Company, owners of the property located at 1285 Main Street, has requested permission to encroach City Right of Way with a handicap ramp at said address. The proposed ramp would extend 5 feet from the building face and measure 20 feet in length. Approximateley ten (10) feet of unobstructed concrete sidewalk would remain after installation. The Department of Public Works, Parks & Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction; maintenance, use and removal of said ramp. REFERRED TO THE COMMITTEE SJS:PJM:dak ON COMMUNiTY DEVELOPMENT. DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD:-YO 0�OI.C) J�� #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 18, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: WATER SUBJECT: [: Permission to engage services of Consulting Engineer [: for study, design, bidding and construction phase [: services for cleaning and lining of small diameter [: water distribution piping at various locations 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 KCI /TVGA Consulting Engineers for study, design, bidding and construction phases services for cleaning and lining of small diameter water distribution piping at various locations in the City of Buffalo. This project will result in increased fire flows and residual pressure for residential and commercial customers that are in the project area. The consultant was chosen through a Request for Qualifications (RFQ) process and they will prepare detailed design drawings and specifications. The funds are available in a Division of Water account(s) 53230786 445100, an account(s) to be named at a later date. PJM:cmg 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: �0 Permission to Engage in Services — Cleaning and Lining Small Diameter Water Distribution — Various Locations (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated June 18, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire KCI /TVGA Consulting Engineers for study, design, bidding and construction phases services for cleaning and lining of small diameter water distribution piping at various locations in the City of Buffalo. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available Division of Water account(s) 53230786 445100, and an account(s) to be named at a later date. PASSED C:lOOCU is and SetUngslckhnerll.ocal SeltngslTempomry fnlemet Filc&iOLKIDTcrmissien to Engage Services. Waler dig pipingda ` * ATE * NO * � M4- FOATANX FRANCZYK GULOWIM WIMTO * PRWGIN SCION Tg $ � M4- #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL 0 DATE: June 18, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: City Hail [: Low Rise Water Booster Pumps [: Evaluation and Testing [: Ellicott District PRIOR COUNCIL REFERENCE (If Any) [: EX. (Item No. CCP ) TEXT: la hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Cannon Design as a consultant to provide engineering services for the City Hall Low Rise Water Booster Pumps Evaluation and Testing. The cost for consulting services is estimated not to exceed $39,900.00. The funds are available in O &M - Buildings. The consultant has been chosen through a Request for Qualification (RFQ) process. SJSIPJMIUIIdIg cc: J. Jacobs, Buildings Department Head Name: Steven J. Stepniak Title: Commissioner o "Orks Parks & Streets Signature of Department Head: 1� �q) Permission to Hire Consultant — City Hall Low Rise Water Booster Pumps Evaluation and Testing (Ell) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 18, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Cannon Design as a consultant to provide engineering services for the City Hall Low Rise Water Booster Pumps Evaluation and Testing. The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in O &M — Buildings. PASSED C,Moc O.ts and Setting M2ehuerlLaral Sertinp7empomy rntemet FilesMLKIMPemilssion to Hire Considtam mater booster pumps .dap: *ATE NO FONTANA 4 CM _ �r GOLIOAI M RIUSS= scjklwN 23 6 34- T: #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 17, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: j: Report of Bids [: YWCA of WNY, Inc. [: Ventilation Improvements j: Project #32- 50204130 -50202 [: North District PRIOR COUNCIL REFERENCE: (IF ANY) (EX.: Item No. CCP } TEXT: I advertised for on April 30, 2013, and received the following formal sealed bids for the YWCA of WNY, Inc., Ventilation Improvements, which were publicly opened and read on May 21, 2013. MLP Plumbing & Mechanical, Inc. $72,400.00 3998 Union, Cheektowaga, NY Leo J. Roth Corp. No Bid 849 Holt Rd, Webster, NY John W. Danforth Co. No Bid 300 Colvin Woods, Tonawanda, NY Innovative Mechanical Systems No Bid 623 Young, Tonawanda, NY hereby certify that the foregoing is a true and correct statement of all bids received and that MLP Plumbing & Mechanical, Inc., with a bid of Seventy Two Thousand Four Hundred and 00 /100 Dollars ($72,400.00) is the lowest responsible bidder in accordance with the plans and specifications. recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in CDBG Accounts 32- 50204, 30- 50202, and an account to be named at a later date. ,G �) SJSIPJMIFGIdlg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: ) qA Report of Bids — YWCA of WNY, Inc. Ventilation Improvements (North) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated June 17, 2013, 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 YWCA of WNY, Inc. Ventilation Improvements, with MLP Plumbing & Mechanical, Inc., in the amount of $72,400.00. Funds for this project are available in CDBG Accounts #32- 50204, 30- 50202, and an account to be named at a later date. ' : MM"I C:Tocuments and SettingAclehneALocal Settings \Temporary Internet Files%OLKIMReport of Bids -YWCA of WNY.docz \ * AYE *NO FONTANA FRANC ..,� LOCIU TO PRIDGIN SCANLON 213- .r4- SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 19, 2013 0 ; N ` Gl� FROM: Public Works, Parks & Streets Parks & Recreation SUBJECT: [: Request To Purchase Equipment PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xxtxxlxx) Purchase one 18'4 Ton Equipment Trailer with; Landscape Ramps, Spring Assist And "D" Rings Options, and standard features listed. $ 4,200.00 General Welding & Fabrication (Dealer) 991 Maple Road Elma, NY 14059 TOTAL $4,200.00 Funds Out Of: Bond Fund 36400216- 445100 These are to replace Department Head Name: Steven J. Stepniak Title: Commissioner of Public Wor r treets Signature of Department Head: G• Cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissioner, Parks & Recreation Request to Purchase Equipment (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated June 19, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) 18'4-ton equipment trailer with landscape ramps, spring assist and "D" rings options, and standard feature. Funds are available from Bond Fund #36400216- 445100. PASSED ��j C:1Docnments and SettingslclehnerlLocal Settings\Temporary Internet FilesMKID\Request to Purchase Equiprnent.docx I r 5 14- 1 *AYE *NU* F#?INTAN'A. FWC . GOLOMEK L0C'M0 PROD . .Fi S= #4 Rev 7 -07 ( ) 0001 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: / P in the Department of Public orks, Parks & Streets Division of Engineering to the Position of Special Assistant to the Commissioner 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) FLAT (Enter Starting Salary) : Starting Salary of $36,212 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Nicholas Heidinger DATE ADDRESS 153.Hamburg St. CITY & ZIP Buffalo 14204 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 13090001 TITLE CODE NO 0362 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -203 SALARY RANGE OF POSITION $36,212 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: Steven J. Stepniak Commissioner SIGNATURE OF APPOINTING AUTHORITY: 6114113 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 EMPLOYEES) #4 (Rev 7 -47) 0 � C � 0 1 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: W I j ° j in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver 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) INTERMEDIATE(5 1b) (Enter Starting Salary) : Starting Salary of $ cQ4, 3 LAST JOB TITLE LAST DEPARTMENT LAST SALARY Park Utility Worker DPW DATE 6113 $2 &,100 1I3\ LAST 4 DIGITS OF SSN. XXX - XX- NAME Kevin Vance Jr. ADDRESS 1290 Delaware Apt. 8G CITY & ZIP Buffalo 14209 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SS XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 62002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 - 193 SALARY RANGE OF POSITION $23,130 - $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: i e Commissioner DATE: s 6120!13 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- EMPLOYEE(S) ` / *� #4 (Rev 7 -07) 00015 � 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). l 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:. d in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVIS Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 41,380 LAST JOB TITLE Heavy Equipment Operator NAME Joseph Mazur LAST DEPARTMENT DPW DATE 6113 ADDRESS 3246 Nash Rd. LAST SALARY $40,353 CITY & ZIP Hamburg 14075 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 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 5020 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -160 SALARY RANGE OF POSITION $24,828 - $41,380 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6113113 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( 51 FROM THE COMMISSIONER OF POLICE June 25, 2013 000L9 #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL I� � TO: THE COMMON COUNCIL: DATE: June 13, 2013 FROM: DEPARTMENT: Buffalo Police Department On Behalf of Cit DIVISION: Grant Section SUB CT:[Justice Assistance Grant Program Renewal - YEAR 91 ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [:Item #32, C.C.P. 05/01/121 TEXT: ( TYPE SINGLE SPACE BELOW As you are aware, the US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program, which combined the Byrne Formula Grants and Local Law Enforcement Block Grant Programs. JAG serves as the single funding mechanism for the administration of these grants and over the last eight (8) years, the City has been a partner with the County of Erie, City of Lackawanna, Towns of Amherst, Cheektowaga, Tonawanda, and West Seneca and has served as the grant applicant and fiscal agent so that the City could retain at least the majority share of funding. This year, for the 9th year of funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie and therefore, we must submit a JOINT application for the aggregate of funds allocated to this area. Unfortunately for all, the award for this year, 2013 JAG Year 9 has been cut by 12.3% when compared to last year, (from $351,198 to $308,062) which is not as bad as a couple years ago, when it was cut over. 67%. The City /County of Erie must agree on this effort or no one gets the funding. We have successfully negotiated this effort by retaining minimal funds for the juvenile prosecutor. This year's application must be submitted by July 9, 2013. In order to file the grant application, which requires notification of the Applicant /Fiscal Agent's governing body, of which the City serves as, we are notifying you as a mandated requirement by the "Feds" under this application process. At this time, we are notifying you that the City of Buffalo, with your permission, will be accepting the funds totaling $308,062 and distributing them (which will be outlined in a Memorandum of Understanding) to each participating entity as follows: City of Buffalo: $297,749 County of Erie: $10,313 Unlike in previous years, under regular JAG, Lackawanna and West Seneca received ZERO, however, they were partners with the City earlier this year when all were getting Stimulus funds, but that grant has now ended. This year, Cheektowaga is no longer our partner as they have been over the last (4) years, however, like Amherst and Tonawanda they now receive direct funds this year based on the crime formula. Any law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be continued and eligible for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as: Office of Citizen Services: $106,500(which funds Save our Streets ` #2—Page 2 (Rev. 1/93) TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW Program, Clean Street Sweeps, Citizen Participation Academy, Citizen Services Project Management; the Department of Community Services will receive a total of $ 63,000 and will direct some of these funds to continue with Drug Court activities, as well as two (2) youth intervention /prevention programs: Code of Conduct and Anti Crime. As stated above, the Buffalo Police funding will include the $32,000 to continue partial funding for the Juvenile Prosecutor in the District Attorney's Office and $96,249, which will be dedicated to overtime (gang suppression, large summer events, bike patrols, curfew, quality of life selected enforcement activities, also, homeland security protection since we lost homeland security overtime funding, and other directed enforcement activities). The feds require a governmental review from the "fiscal" agent, which is the City of Buffalo, prior to the submission of this application In addition, we were just recently notified about the submission for this renewal. We had to negotiate and come to terms with other partners as part of this complex grant process before we could present this information to your Honorable Body. Again, we must have your approval as we prepare for the acceptance and spending of these funds. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. DD:mao TYPE: DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE: DEPARTMENT HEAD TITLE POLICE COMMISSIONER yo d SIGNATURE OF DEPARTMENT HEAD: 4� Justice Assistance Grant Program Renewal — Year 9 (Police) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated June 13, 2013, be received and filed; and That the Commissioner of Police, be, and hereby is authorized on behalf of the City of Buffalo to accept a grant, totaling $308,062.00, from the Justice Assistance Grant (JAG) Program which will be distributed as follows: City of Buffalo - $297,749.00 and County of Erie - $10,313.00. PASSED CADocuments and SettingslclehnerlLocal SettingsMmporary Intemet FilesIOLKIDVAG Grant- PoliceAce � ? 9, 6 0 HE NO FONTANA FIW CZYYL PRIDGM . RTVEU RUSE tSCAPWlq 213- 6 M �; ap' # I (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 7, 2013 FROM: DEPARTMENT: Buffalo Police Department DIVISION: ADMINISTRATION/ COMMUNICATIONS S JECT: [PERMISSION TO DONATE USED BICYCLES] ENTER PRIOR COUNCI. REFERENCE: (IF ANY) NIA Example (lem No. xxx. G.C.P. xx/xx/xx TEXT: (TYPE SINGLE SPADE BELOV We are submitting this proceeding to get the Council's permission for the Buffalo Police Department to donate ten (10) used bicycles to On the Job Ministries, a non - profit organization that focuses on providing economic development resources to under - resourced members of the West Side Community. On the Job Ministries operates two (2) small businesses: New to You Thrift Store, and the Westside Wheels Bike Repair Shop, where they train and employ approximately 25 -30 youth annually. Westside Wheels provides opportunities for young men to develop bike repair skills and through the program, learn skills and behaviors needed to successfully retain employment. Donating bikes to this worthy organization will allow the young men to learn how to build and repair a bike and how to provide a tune -up. The bikes that will be donated are unclaimed property by individuals who were arrested or stolen property that has been unclaimed by the owner, which would normally be sold at auction. We are respectfully requesting that your Honorable Body authorize the Buffalo Police Department to donate ten (10) used bicycles to On the Job Ministries that will provide the opportunity for youth in our community to secure work experience and mechanical job skill development for future employment. If you require additional information, please do not hesitate to contact Inspector Joseph Strano at 851 -4879. DD: cm TYPE DEPARTMENT BEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: ao� Permission to Donate Used Bicycles (Police) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated June 7, 2013, be received and filed; and That the Common Council hereby grants permission to the Commissioner of the Buffalo Police Department to donate ten (10) used bicycles to On the Job Ministries, a non - profit organization that focuses on providing economic development resources to under - resourced members of the West Side Community, and provides the opportunity for youth in the community to secure work experience and mechanical job skills development for future employment. PASSED C IDaumw—d 9ming0d,M0l 1&t"AT, pu [d FjWALKIDQ,W,,ion WDonal,U.d Biryc[,adua Di! -5 20 6 3m- 7 * AEE * NQ * FONT'ANA. LQ � PRID�N x � � • RU 3CANLON� 03 (Rov 1-02) 0 0 � .�.. Certificate of Appointment In compfivmwith provisim of Secdm 24-2 of the t hWw and ChepW 354 of the OrdlstHttea of the Clty efBuB✓Ifo, I t &vdt lids aettifissdoa of affuUmmt(s) or prwuolfgm( s) IfluthercestlCYthat the lsmsco (s) namedIn SdLedul a "A - LavebeWmdiedmtaXM0dbYthe HOW R DSO D thO Appohifi ntEPPertive: June 15, 2013 is the Department of a Police Division of Patrol tothePaddonaP Chief (Imutone) : PROVISIONAL Unseltone) : PROMOTION (Insert One) : at the: PLAT utter Shudag Salary) : Serf}ng5alary $93,715 Sph adule'A' LAST JOB TITLE Police Lieutenant NAME Thom @Moran LAST DEPARTMENT P011aa DATE (14/16112 ADDRESS 172 Me tnley Parkway LAST SALARY $73,312 CITY & ZI Buffalo, NY 14220 LA6T4 DIGITS OF SSN. XXX -XX -6663 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY &AP LAST4 DIGITS OF 33N. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY GITya ZI P LAST4 DIGITS OF SSN, XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST4 DIGITS OF SSN. XXX-XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY a z l P LAST 4 DIGITS OF b5N. XXX -XX- REFERRED TO TiiE COMMITTEE ON CIVIL. SERVICE BUDGET ORG. CODE 12005001411001 TITLE CODE NO 2281 BUDGET ACCT. OBJ.. 12065001- 411001 PROJ. fD PERSONNEL REQ, NO 201 SALARY RANGE OF POSITION $93,715 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Deranda TITLE OF APPOINTING. AUTHORITY: c OMMISSlQner of Poli DATE: ©sm SIGNATURE OF APPOINTING AUTHORITY: - nmix�nie� aR[1PIEt3T0 CITY CLERK DTHE13 , pjEs T01jf,.Iggelagugg d8- HtiwfM 8ERVICE51 ERVIQr 47" 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES June 25, 2013 ��' Q #1 ` {Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: June 17, 2013 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Tune in Upper and Lower Case Only I Subject: [: Flea Market [: 660 Ohio aka 710 Ohio (South) Prior Council Reference: (If Any) [: Ext. (Item No. xxx C.C.P. xx/xx/xx): Text ( Iype 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 Flea Market located at 660 Ohio aka 710 Ohio and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Daryl Toporek. The attached thereto for Daryl Toporek d/b /a/ Raw Bones Antiques & Restoration. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:PSjd 7 S COMERFORD MMISSIONER �O 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: APPROVED: DISAPPROV -` RE MARKS : DISTRICT CAPTAIN: APPROVED: DATE: 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. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF Raw Bones Antiques and Restoration FLEA MARKET Qj-_5 660 OHIO 710 Ohio SOUTH COUNCIL DISTRICT Daryl Toporek (716 )270 -3502 FMK13- 10025719 ----------------------------------------------------------------------------------- - --- -- ---------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) DATE: ��3/ CITY OF BUFFALO OFFICE OF LICENSES 0-14 301 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: FIRE LT. GERALD WHALEN Raw Bones Antiques and Restoration FLEA MARKET 660 OHIO 710 Ohio SOUTH COUNCIL DISTRICT Daryl Toporek (716)270 -3502 FMK13- 10025719 2nd request ------------------ ---------------------------------------------- ------------------------------------------- - (- - ----------- - - - - -- TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR REMARKS: INSPECTOR: " ` ✓ MUST BE STATED BELOW * *'` RM# 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 AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 - IFITN TR a KEVIN FITZGERALD Raw Bones Antiques and Restoration FLEA MARKET 660 OHIO 710 Ohio SOUTH COUNCIL DISTRICT Daryl Toporek (716)270 -3502 FNIK13- 10025719 ------------------------------------------------------------------------- - - - - -- ----------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) f DATE: APPROVED: DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RW EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. K r�i Department of Police Town of Hamburg Michael K. Williams Chief of Police 6100 South Park Avenue Hamburg, New York 14075 Tel: (716) 648 -5111 Fax: (716) 648 -5117 INDIVIDUAL CRDUNAL HISTORY RECORD NAME To orek Dary J. ADDRESS 4681 Mor an Parkwa CITY /STATE Hamburg, New York 14075 DOB; - SEX: Male RACE: White IDENTITY VERIFIED BY: New York State Driver License AFTER HAVING RECEIVED SATISFACTORY VERIFICATION OF IDENTITY FROM THE ABOVE NAMED INDIVIDUAL AND AFTER HAVING SEARCHED ONLY OUR LOCAL CRIMINAL HISTORY RECORDS ON THIS DATE May 6, 2.013• WE FIND THAT: X_ OUR LOCAL RECORDS DO NOT CONTAIN ANY CRIMINAL CONVICTION INFORMATION ON THE ABOVE NAMED INDIVIDUAL. d-1 �0 OUR LOCAL RECORDS DO CONTAIN THE FOLLOWING CRIMINAL HISTORY CONVICTIONS ON THE ABOVE NAMED INDIVIDUAL: ARREST DATE CHARGE DISPOSITION CITY OF BUFFALO ; 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851 -4078 Fax (716) 851 -4452 All information on this form is public record f BUSINESS LICENSE APPLICATION a)Z -[ fee • Used Car Dealer $262.50 • Second Hand Dealer $118.00 • Scrap Processor $ 78.75 • Wholesale Junk Dealer $262.50 Tire Storage Information Inside Storage — ye — no Outside Storage — yes no Flee Market fee 1 -10 tables $ 78.75 11 -25 tables $155.00 +26 tables a Business Phone (Tc'rj � Business Name (dba) R 4 +v 1t�)C -V <3 trt c` 3 ei Business Fax ( ) Business Address (no Po BOX . C� l3 ` vac f? &Z 03 - Mailing Address (if different) 14 Y Q — 7 1 0 0 th 0 � � �� 4�C�fa ivl Af Z0 NYS Tax ID # � Business Website E -Mail 4f��4l tr�. Corporation Name owner(s)/ Principal Partners Applicant (last, first) a rQ �Y Home Address: (PO Box not acceptable) !f�nf�' lho e c 6 010y y�-tt bt , Date of birth Plac Lc c1 «i 1.ci h h fV - Co Applicant (last, first) Home Phone 7 -" ;- - -, /if;' f Yf 7 c, Home Phone Home Address: (Po Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Subscribed and sworn to before me V of20 ar ee in Buffalo, New Y" f f rwp i),�r•k -4 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. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. . fee • Tire Handler I $118.00 10 -1000 tires • Tire Handler H $262.50 over 1000 tires; Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability Insurance at least $50,000 both for personal injury and property damage, must contain 10 day cancellation clause with the certificate holder as City of Buffalo, Office of Licenses Room 301, Buffalo NY 14202 Print Name < Signature Date 3 d Flea Market — New — 660 Ohio a/kla 710 Ohio (South)(EDPI) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Permits and Inspection Services, dated June 17, 2013, be received and filed; That pursuant to Chapter 254 of the City of Buffalo Ordinance, the Commissioner of Permits and Inspection Services be, and hereby is authorized to issue a Flea Market license to Daryl Toporek d/b /a Raw Bones Antiques & Restoration, located at 660 Ohio alkla 710 Ohio. PASSED 1 Settin s1Tem ora Internet Files10LK1DIF1ea Market 660 Ohic.docx ? C:IDocvments and SettingslclehnerlLoca g p rY - kAYE'SNO'S FONTANA 'GOLOMBN LoG`OiTm $CA1►IIM 28- G #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: June 19, 2013 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Second Hand Dealer [: 212 Grant St (Niagara) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text (Type Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 212 Grant St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Aung Kaung Myat. The attached thereto for Aung Kaung Myat d/b /a/ IT GARDEN LLC. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:PS:jd FAMES COMERFORD C MMISSIONER 0�1 �5 Interdepartmental Memo Date: June 19, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 212 Grant St. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Second Hand Dealer application to the Common Council: Building Inspection Fire Inspection Police Department Police Record Check Application Direct Permit & Inspection Services LfA��XA �1) bate 06- 11 -'13 12:10 FROM -COE- LICENSES 7168514951 CITY OF BUFFALO • a OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOIL: LICENSE TYPE: ]BUSINESS A DDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON; L:AjP:PR0YED:.) DISAPPROVEDu REMARKS: POLICE MARGARET OVERDORF IT Garden LLC SECOND HAND DEALER 212 GRANT NIAGARA COUNCIL DISTRICT Aung Kaung Mya# (716)239 - 5783 SI4DI3- 10025739 T -148 P0002/0002 F -902 --------- ----- ---------- --- -- -------------------- - - - - -- `�f� ...." -r.... � . � - =I - - - -. .... .. ------ (TO BE COMpLET.ED By AG)&NCYlDEPARTMI~NT W1rRR O TO) RATE: D ISTRICT CAPTAIN: APPROVED: DATE: / DISAPPROVED: DATE: La www ,FASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS: - COMNIISSION'ER OF AFTER INSPECTION PLEASE COMPLETE AIND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK 'YOU, P-147C WV. 319 APPLICATION RELEASE FORM TO BE MAEM TQ i✓s. iE, b p IT Buffalo Police Department fly 3 pp m ►r Identification Section 74 Fraaklln Street Buffalo, New York 14202 There is a $10.00 fee to process this data, By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks ace not accegted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verged by a. Natuy Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: Avhg k0L-L, ., \- - IMAIDEN NAM SEX rY1 RACE A g i (- CURRENTAIIDRESS: FM e—�ir DATE OF BIRTH: SOCIAL SECURITY # REASON FOR REQUEST A , o -,. o ; A7 SIGNATURE OF APPLICANT �- DATE 3 STATE OF OF NEW YORK ) - COUNI`Y OF ERIE } SS. CITY OF BUFFALO ) On day of J executed the fair B UFFALO , POLICE DEPT, NO RECOR0 . U 15 , before me persoaiVy appeared r6T:;l -- , to me known to be the same person described in, and who the execution thereof. Notary Public I Commissioner of Deeds. TO BE COMPLETED BY IDENTIFICATION SE ONPERSO * * * * * * * * * * * * * * * * * ** RECORD ATTACHED �� VERIFIED BY: NO RECORD ON FILE DATA: VERIFIED NOTE: USE OF THIS EI FORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFM NOT VALID MIG STAMPED i� CITY OF BUFFALO a ^ OFFICE OF LICENSES k 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: BUILDING REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: IT Garden LLC LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: SECOND HAND DEALER 212 GRANT NIAGARA COUNCIL DISTRICT Aung Kaung Myat {7I6 }239 -5783 SHD13- 10025739 ------------------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) Q P o vEn: DATE: �, • t'S • l3 DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RM# 31.3 EXT L4 14-q 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 AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: DISAPPROVAL REASON: FIRE LT. GERALD WHALEN IT Garden LLC SECOND HAND DEALER 212 GRANT NIAGARA COUNCIL DISTRICT Aung Kaung Myat {716 }239 -57$3 SHD 13- 10025739 — rD ---- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE.. DISAPPROVED: DATE: DISAPPROVAL DATE: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: �1'� RM# EXT W llS AFTER INSPECTION PLEASE COMPLETE ANII RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. ' 65 Niagara Sq. City Hall Room 3.01 Buffalo, NY 14202 Phone (715) 851 -4078 Fax (716) 851 -4052 All information on this form is pablic record BUSINESS LICENSE APPLICATION fee fee 0 Used Car Dealer $262.50 0 Tire Handler I $118.00 Tire Storage Information 10 -1000 tires Inside Storage J yes —no econd Hand Dealer $118.00 0 Tire Handler H $262.50 Outside Storage _yes —no Gwr4*00- es; Include NYS Environmental Conservation Law Part 360; Storage plan and 0 Scrap Processor $ 78.75 General Liability Insurance at feast $50,000 0 Flee Market fee both for personal injury and property damage, 1 -10 tables $ 78.75 0 Wholesale Junk Dealer $262.50 must contain 10 day cancellation clause with 11 -25 tables $155.00 the certificate holder as City ofBuffaio, Office +26 tables $210.00 of Licenses Room 301, Buffalo NY 14202 Corporation Name LT 6 r , 4A 11L. Business Phone Business Name (dba) Business Fax ( } Business Address (no Po Box) [ try V2 11 _ t U ra n3 W 14 ,1 13 Mailing Address (if different) NYS Tax ID 4 T,, Business Website Owner(s)/ Principal Partners /g Applicant (last, first) � " t Home Address: (PO Box not acceptable) Date of birth E -Mail i i gewckr • he ;W6 Home Phone 41 /� -- c 3c 54 3 Co- Applicant (last, first) ' I Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. VN Subscribed and sworn to before me T'k day of 20 a issroner o Deed d for the City of Buffalo, ork 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 Wfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity ideatified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief Print Name , % A ham. Signature Date e--13 t ! VA Second Hand Dealer — 212 Grant Street (Nia) (DPIS) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated June 19, 2013, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Aung Kaung Myat d/b /a It Garden LLC located at 212 Grant Street is hereby approved. PASSED c:5ul ld,wimidi AppDa to11Ae31Mc: osoRlWindottelTcmporM Internet F11es�Con [en[Outlook1OX32QVW65Se and Ha d➢e4er 212 C'a do *AYE *NUt' FO&ANA ' * 7 CURTO PRIDGFN * RUSSELL SCARLON o e Y4- Q 0 41 (Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: June 19, 2013 From: Department of Economic Develo ment Permit & Inspection Services Division: Office of Licenses Subject: [: Used Car Dealer [: 1225 Sycamore (Fillmore) Type in Upper and [: Lower Case Onl J [: 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 Used Car Dealer License located 1225 Sycamore and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Brenetta Mixon. The attached thereto for Brenetta Mixon /dba/ B. P GLOBAL FUNDS INC. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature _ of Department Head: JC:PS:jad REFERRED TO THE COMMITTEE ON LEGIsLATION. aD b F - - Interdepartmental Memo Date: June 19, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 1225 Sycamore Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Used Car Dealer application to the Common Council: Fire Prevention Building Inspection Police Department Police Record Check Application Director Permit & Inspection Services J� I k� Dat CITY OF BUFFALO OFFICE OF LICENSES_ 341 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: f"' Ti09Cl�� DISAPPROVAL REASON: BUILDING KEVIN FITZGERALD B.P. GLOBAL FUNDS INC USED CAR DEALER 1225 SYCAMORE FILLMORE COUNCIL DISTRICT BRENETTA M1XON (716)544 -3953 UCD 13- 10025570 approved far )¢ cars drainged and paved. 1� ----------------------- - - - - -- ---------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED DRAINED YL PAVED APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RAU — —� EXT 4 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF .BUFFALO a OFFICE OF LICENSES 301 CITY HALL *ti3 BUFFALO, NY 14202 0 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: POLICE MARGARET OVERDORF B.P. GLOBAL FUNDS INC USED CAR DEALER 0 S 5 1225 SYCAMORE FILLMORE COUNCIL DISTRICT BRENETTA MIXON (716)544 -3953 UCD13- 10025570 2nd Notice Contact applicant for appt. DISAPPROVAL REASON: ------------------------------------------------------------------------------------------------------------------------------------------------ (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) QAPPROVE DATE: 1 - 7 D ATE: REMARKS: DISTRICT CAPTAIN: '— APPROVED: DATE: 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. 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: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL. BUFFALO, NY 14202 FIRE LT. CHRISTOPHER LASKY B.P. GLOBAL FUNDS INC USED CAR DEALER 1225 SYCAMORE FILLMORE COUNCIL DISTRICT BRENETTA MIXON (716)544 -3953 UCD13- 10025570 5/24/2013 12:00:OOAM -------------------------------------------------------------- - - - - -- ---------------- - - - - -- ---------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: �` ° RM# EXT 751 WE AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. a P-147C (REV. 3196) APPLICAMN RELEASE FORM 2043 FE @ FM I.- TO E MAUM TD: Buffalo Police Department Identifica don Section 74 Frablclin Street BuffaIo , New York 14202 There is a $10.40 fee to process this data. By mail, payment MUST be made by money order. D© NOT send cash thro* the mail. In person, payment can be made by money order or cash. Checks are not accepted. Matra money order payable to the Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so brat this information can be mailed to you. Complete an the information listed below and have your identification and signature verified by a Notary MG (or) Commissioner of Deeds, as listed on the bottom of this application. Withoud total compliance to these instructions, you WILL NOT' eceive the requested information. ALL SIGNATURES MUST BE ORIGINAL iMAIIIEN NAME �74 �W DATE OF BIRTH: SOCIAL SECURITY REASON FOR REOT SIGNATURE OF APPLICANT DATE STATE OF NEW YORK ) COUNTY OF ERE ) CITY OF BLIPFALO ] Ontbdav of !1� before me PMMflally VVeared f to me known'to be ft some peraan described in, and who the execution thereat. Notary Public 1 TO BE COMPLETED BY ID] RECORD ATTACHED VERIFIED BY_ NO RECORD ON FILE DATE VE IFIE SS. NOTE: USE OF THIS WORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID MN STAMPED. V(. LL 3U 1v. LIZ L ilVll VVL Li Vl..ri1JLJ 1 iVVJy 1JJi. - - - - CITY O1 BUFFALO. l N " �5 Niagara Sq. City Hall doom 301'Buffalo, Y 14202 , . Phone (715) 851 -4078 Fax (716) 851 -4952 a All information on this form is public record BUSINESS LICENSE APPLICATION fee Id / Used Car Dealer $262.50 o Second Hand Dealer $118.00 0 Scrap Processor $ 78.75 i7 Wholesale dunk healer $262.50 Cl Tire Handler I $118.00 10 -1000 tires 0 Tire HmOer )GI $262.50 over 1000 tires; Include ri3"St'S RR YlroRmenial Consmtvat'ton Law Part 360; Storage plan altd General Liability Insurance alt;laast $50,000 both for personal injury and property damage, must contain 10 day cancellation clause with ' the certificate holder as City of Buffalo, Oboe of Licames Room 301, Buffaio NY 14202 Tire Storage Information Inside Storage yss _ no Outside storage — yes no 0 Flee Market fee 1 -10 tables $ 78.75 11 -25 tables $155.00 +26 tables $210.00 Corporation Name 5 Business Phone { 7/Q Business Name (dba) Business Pax ( � - Business Address (no 1P0 Box) A2 1 Mafling Address (if different) NYS Tax lD # - 06 '7 b a Business Website E-mail Owner(s)/ Principal partners Applicant (last, Est) Home phone '916 Home Address: (PO Box not acceptable) Date of birth �__ Place of Birth 4 �:�� Qr Co;-Applicaut (last, first) Rome Phone Horne Address; (Po Box not acceptablo) Date of birth Place of Birth Doscribe your specific business activity in detail. Subscribed and sworn to before me this , ` day of Ira 0 1 s� CArilrnl of Reeds in and for the City of Buffalo, New York Nicole G. RoWMM 010MV p 9AIn of New York No. t11itO6 Coon iEO�COLL� 14 I am aware of the obligation to provide �Mely notice of any change in required information, and F have informed all awaors, 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. As an authorized agent of the entity identified above, T certify the information on this form is true, eorrec complete and current to the best of my.knowledge and belief. Print Name (V Signature G� Date �„ FROM THE COMMISSIONER OF HUMAN RESOURCES June 25, 2013 000 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 20, 2013 FROM: DEPARTMENT: DEPARTMENT OF HR/DIVISION OF OF COMP & BENEFITS SUBJECT: [:CONTRACT [:POMCO GROUP [:WORKERS COMPENSATION & [:INJURED ON DUTY (POLICEIFIRE) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.C.P. xxlxxlxx The Division of Compensation and Benefits formed a Committee for the purpose of reviewing all potential proposals for Workers' Compensation and GML 207 Injured On Duty (Police /Fire) for general liability risks. The Department of Human Resources /Division of Compensation & Benefits respectfully requests authorization from the Common Council to enter into contract with Pomco Group. The proposed contract will begin upon approval of the Common Council. gtGN T U E DEPARTMENT HEAD TITLE: PATRICIA P. FOLTS, COMMISSIONER OF HUMAN RESOURCES --�5 CITY OF BUFFALO DEPARTMENT OF LAW BROON W. BROWN MAYOR INTERDEPARTMENTAL CORRESPONDENCE TO: Antoinette Palmer, Director of Compensation and Benefits DATE: May 28, 2013 RE: CONTRACT APPROVAL TIMOTHYA. BALL CORPORATION COUNSEL POMCO, Inc. WE ARE RETURNING HEREWITH, APPROVED AS TO FORM ONLY, THE ABOVE REFERENCED CONTRACT ONCE ALL REQUIRED APPROVALS & SIGNATURES HAVE BEEN OBTAINED, PLEASE FORWARD A FULLY EXECUTED COPY OF THE CONTRACT TO THIS OFFICE FOR OUR RECORDS. Y/'B. SC STANT TION COUNSEL ATTACHN ENT THE CITY of BUFFALO ADMINISTRATIVE SERVICES AGREEMENT For Workers' Compensation and injured on Duty - police and Fire THIS AGREEMEENT, is made and entered into by and between the City of Buffalo, having its principal place of business located at 65 Niagara Square, Buffalo, New York 14202 (hereinafter referred to as "the City") and POMCO, Inc. (hereinafter referred to as "POMCO "), a New York business corporation with an office at 2425 James Street, Syracuse, New York I3206. WHEREAS, on July 23, 2012 the City issued a Request for Proposal for Worker's Compensation and Injured on Duty (section. 207 -a & 207 -c of NYS General Municipal Law) claims management and consulting services; and WHEREAS, on August 21, 2012, POMCO submitted a proposal to the City to perform the Worker's Compensation and Injured on Duty services as herein described, and the proposal has been found acceptable by the City and is incorporated herein and made a part hereof; and WHEREAS, the City requires the services of POMCO to provide these services for the Department of Human Resources; and WHEREAS, the City is duly qualified as a self - insured under the Workers' Compensation Law of the State of New York (hereinafter referred to as the "Law "), and desires to retain POMCO to provide claims administration, medical management, return -to -work, and other agreed upon services for its Workers' Compensation program (hereinafter referred to as the "WC Plan ") and its Injured on Duty Plan (hereinafter referred to as the "IOD Plan "); and WHEREAS, POMCO is duly Iicensed by the State of New York as a Workers' Compensation Benefits Third Party Administrator and has the experience, staff and facilities necessary to provide the claims administration services desired by The City; NOW, THEREFORE, in consideration of the foregoing and of the terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. Terms/Notices. This Agreement shall be effective June 1, 2013 through the City of Buffalo's end of fiscal year 2014 (June 30, 2014). This Agreement, subject to satisfactory completion of each year's work may renew with (3) three (1) one year extensions. The annual fee relating to the period of performance under this contract is subject to annual appropriation by the City. If there is no annual appropriation, then the contract will become null and void and of no force and effect. The City has the right, under the terms of the proposed contract, to cancel the contract in whole or in part with 30 days' notice to POMCO. The City may also terminate this Agreement immediately upon discontinuance of the WC or IOD Plan by the City, provided POMCO has been given (30) days written notice. Termination of this Agreement shall not terminate the rights or liabilities of either party arising out of the period prior to such discontinuance. The parties may also terminate this Agreement upon a material breach of this Agreement provided the breaching party has been given fifteen (15) days to rectify the issues but has failed to do so. POMCO will continue to handle all existing WC Plan & IOD Plan claims for 90 days after the date of termination or until such other agreed -upon time, for any existing claims. The City shall be responsible for any outstanding and continued balance of payment on all existing claims handled by POMCO after date of termination, including any claims handled by POMCO during the 90 days post - termination period. Such notice and any other notice(s) required or permitted under this Agreement shall be hand - delivered or sent to the appropriate party by first class mail, postage paid or by overnight carrier to the following addresses: To the City: Human Resources City of Buffalo: Attn: Antoinette Palmer 1007 City Hall Buffalo, NY I4202 To POMCO: Attn: David Price POMCO Group 2425 James Street Syracuse, NY 13206 2. Relationship of the Parties. POMCO and the City agree that POMCO is an independent contractor, and not an employee of the City and that in accordance with such status as an independent contractor, POMCO covenants and agrees that it will not hold itself out as, nor claim to be, an officer or the employee of the City in any capacity, including, but not limited to: workers compensation coverage, unemployment insurance benefits, social security coverage, medical, dental or health insurance coverage, social security withholding tax and all other federal, state and local taxes, or employment retirement membership or credit, by reason of this Agreement. POMCO shall not have the authority to bind or contract for the City, or any Department agency or unit thereof, or to make or incur indebtedness, liability or obligation on behalf of the City, or any department, agency or unit thereof. This Agreement shall not be construed as creating an exclusive contract for services. The City retains the right to THE CITY of BUFFALO ADMINISTRATIVE SERVICES AGREEMENT - For Workers' Compensation and Injured on Duty Police and Fire contract with others to provide like or similar services. POMCO retains the right to provide such services to parties other than the City in its sole discretion. 3. The parties previously entered into an Agreement dated December 12, 2011, which was renewed by the Parties in writing on July 1, 2012, regarding the fee scheduling services included within this Agreement. The Parties intend for the prior Agreement to terminate upon the effective date of this Agreement. 4. Services POMCO shall perform the services as set forth in Schedule A, and agrees at all times to properly manage and administer the WC Plan and IOD PIan in accordance with the stated purposes of the City and in compliance with the law and the applicable rules and regulations thereunder. The City acknowledges and agrees that POMCO is acting as administrator for the WC Plan and IOD Plan, and that nothing herein shall be construed or interpreted to mean that POMCO has assumed the responsibilities of an insurer of claims under the WC Plan and IOD Plan. Scope of Services: 1. Workers' Compensation an Injured on Duty: The City of Buffalo is self - insured for all workers' compensation and Section 207 -a and 207 -c claims injured on Duty (IOD) police and fire. POMCO shall do the following for Workers' Compensation and IOD claimants: a. Shall handle all workers compensation cases medical only and indemnity claims; b. Shall identify which law firm or in -house attorneys handle their 207 -c cases; c. Shall be available for hearing involving workers compensation and IOD claims; d. Shall provide private investigation, vocational rehab, managed care program, loss control and safety engineering, Return to Work Program, Cost Projection Services/Budgeting services at the discretion and approval of the City of Buffalo; e. Shall provide full installation charges at no cost to the City of Buffalo; f. Shall allocate loss adjustment expenses to the claim file g. Shall provide Bill Audit (State Fee Schedule) and Medical Bill Audits (PPO Network — for additional savings; h. Unlimited Access (for 6 users) to RMLINK; report at no cost; i. Shall provide at additional cost and approval by the City of Buffalo to review Large Hospital bills, Nurse Case Management and Retum to Work Services, Medical Treatment Guidelines and MSEA Reporting to CMS; 2 Fee Scheduling: a. review services authorized by Case Management and identification of services billed without authorization; b. Review of documentation submitted with invoice to assure additional services are not billed that are unrelated to the claim; c. POMCO shall provide electronic copy of all claims and documentation; d. POMCO shall provide quality assurance reports at the request or no less than a quarterly basis; 3, IME (Independent Medical Exam) a. POMCO will assist the City of Buffalo with managing and directing care 5. Performance of Services. POMCO agrees to perform the services herein described in a manner consistent with that level of care and skill in accordance with applicable law and the general direction given by the City of Buffalo Human Resources or their designees and that such services shall be performed in a timely manner. 6. Con liance with the . Health Insurance Portabilitv and Accountability Act The City, as a Covered Entity, and POMCO, as a Business Associate of the City, mutually agree to comply with the requirements of the implementing regulations at 45 Code of Federal Regulations ( "C.F.R.') Parts 160 -64 for the Administrative Simplification provisions of Title 11, Subtitle F of the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "), to the extent applicable. The following paragraphs 1 -8 concern the City, as a Covered Entity, and POMCO, as a Business Associate of the City, under HIPAA. 1. Privea ofProtected Health Information 4 THE CITY of BUFFALO ?-, ADMINISTRATIVE SERVICES AGREEMENT. For Workers' Compensation and Injured on Duty Police and Fire (a) Permitted Uses and Disclosures POMCO is permitted to use and disclose Protected Health Information that it creates or receives on the City's behalf or receives from City (or another business associate of City) and to request Protected Health Information on the City's behalf (collectively, the City's "Protected Health Information ") only as follows: (i) Functions and Activities on the City's Behalf. To perform functions, activities, services, and operations on behalf of City as specified in the Agreement; (ii) Business Associate's Operations For POMCO's proper management and administration or to carry out POMCO's legal responsibilities, provided that, with respect to disclosure of the City's Protected Health Information, either: a. The disclosure is required by law; or b. POMCO obtains reasonable assurance, evidenced by written contract, from any person or entity to which POMCO will disclose the City's Protected Health Information, that the person or entity will: i. Hold the City's Protected Health Information in confidence and use or further disclose the City's Protected Health Information only for the purpose for which POMCO disclosed the City's Protected Health information to the person or entity or as required by law; and ii. Promptly notify POMCO (who will in turn notify the City in accordance with Section 4(a) of this part) of any instance of which the person or entity becomes aware in which the confidentiality of the City's Protected Health Information was breached. (b) Minimum Necessary POMCO, will, in its performance of the functions, activities, services, and operations specified in Section (a) above, make reasonable efforts to use, to disclose and to request of the City only the minimum amount of the City's Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure, or request, except that POMCO will not be obligated to comply with this minimum necessary limitation with respect to: (i) Disclosure to or request by a health care provider for treatment; (ii) Use for or disclosure to an individual who is the subject of the City's Protected Health Information, or that individual's personal representative: (iii) Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of the City's Protected Health Information to be used or disclosed, or by that individual's personal representative; (iv) Disclosure to the United States Department of Health and Human Services ( "HHS ") in accordance with this part; (v) Use or disclosure that is required by law; or (vi) Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b)(2). (c) Prohibition on Unauthorized Use or Disclosure POMCO will neither use nor disclose the City's Protected Health Information, except as permitted or required by this part or in writing by the City, or as required by law. This part does not authorize POMCO to use or disclose the City's Protected Health Information in a manner that will violate the 45 C.F.R. Part 164, Subpart E "Privacy Rule ") if done by the City, except as set forth in Section 1(a)(ii) of this part. (d) Information „Safeguards (i) Privacy of the City's Protected_ Health Information POMCO will develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of the City's Protected Health Information. The safeguards must reasonably protect the City's Protected Health Information from 3 THE CITY of BUFFALO 0�' ADMINISTRATIVE SERVICES AGREEMENT _.._ For Workers' Compensation and Injured on Duty Police and Fire any intentional or unintentional use or disclosure in violation of the Privacy Rule, 45 C.F.R. Part 164, Subpart E, and limit incidental uses or disclosures made pursuant to a use or disclosure otherwise permitted by this part. POMCO will keep these security measures in written policies, procedures, or guidelines, which POMCO will provide to the City upon the City's request. (ii) Security of the City's Electronic Protected Health Information POMCO will develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic Protected Health Information that POMCO creates, receives, maintains, or transmits on the City's behalf as required by the Security Rule, 45 C.F.R. §164, Subpart C. POMCO will keep these security measures current and will document these security measures in written policies, procedures or guidelines, which POMCO will provide to the City upon the City's request. (e) Subcontractors and Agents. POMCO will require any of its subcontractors and agents, to provide reasonable assurance, evidenced by written contract, that such subcontractor or agent will comply with the same privacy and security safeguard obligations with respect to the City's Protected Health Information that are applicable to POMCO under this part. 2. Compliance with Transaction ,Standards. If POMCO conducts in whole or part electronic transactions on behalf of the City for which HHS has established standards, POMCO will comply, and will require any subcontractor or agent it involves with the conduct of such transactions to comply with each applicable requirement of the Transaction Rule, 45 C.F.R. Part 162. POMCO will not enter into or permit its subcontractors or agents to enter into, any trading partner agreement in connection with the conduct of standard transactions on behalf of the City that: (a) Changes the definition, data condition, or use of a data element or segment in a standard transaction; (b) Adds any data element or segment to the maximum defined data set; (c) Uses any code or data element that is marked "not used" in the standard transaction's implementation specification or is not in the standard transaction's implementation specification; or (d) Changes the meaning or intent of the standard transaction's implementation specification. 3. Individual Rights. (a) Access. POMCO will, within 10 business days following the City's request, make available any and all information to the Commissioner of Hainan Resources and/or Department of Compensation & Benefits for inspection and obtaining copies of the City's Protected Health Information about the individual that is in POMCO's custody or control, so that the City may meet its access obligations under 45 C.F.R. § 164.524. (b) Amendment. POMCO will, upon receipt of written notice from the City, promptly amend or permit the City access to amend any portion of the City's Protected Health Information, so that the City may meet its amendment obligations under45 C.F.R. § 164.526. (c) Disclosure Accountinp,. So that the City may meet its disclosure accounting obligations under 45 C.F.R. § 164.528: (i) Disclosures Subject to Accounting. POMCO will record the information specified in Section 3(c)(iii) below ("Disclosure Information ") for each disclosure of the City's Protected Health Information, not excepted from disclosure accounting as specified in Section 3(c)(ii) below, that POMCO makes to the City or to a third parry. 0 THE CITY of BUFFALO ADMINISTRATIVE SERVICES- AGREEME -NT- -- — For Workers' Compensation and Injured on Duty Police and Fire (ii) Disclosures Not Subject to Accounting a. Disclosure Information Generally. POMCO will not be obligated to record Except for repetitive disclosures of the Disclosure Information or otherwise account City's Protected Health Information as for disclosures of the City's Protected specified in Section 3(c)(iii)c below, the Health Information: Disclosure Information that POMCO a. That occurred before April 14, 2003; must record for each accountable b. For treatment, payment, or health care disclosure is (i) the disclosure date, (ii) operations activities; the name and (if known) address of the c. To an individual who is the subject of entity to which POMCO made the the City's Protected Health Information disclosure, (iii) a brief description of the disclosed, or to that individual's City's Protected Health Information personal representative; disclosed, and (iv) a brief statement of d. Pursuant to an authorization compliant the purpose of the disclosure. with 45 C.F.R. §164.508 that is signed b. Disclosure Information„ for Repetitive by an• individual who is the subject of Disclosures. For repetitive disclosures the City's Protected Health Information of the City's Protected Health disclosed, or by that individual's Information that POMCO makes for a personal representative; single purpose to the same person or e. For notification of and to persons entity (including the City), the involved in the care or payment related Disclosure Information that POMCO to the health care of an individual who must record is either the Disclosure is the subject of the City's Protected Information specified in Section Health Information disclosed and for 3(c)(iii)a above for each accountable disaster relief; disclosure, or (i) the Disclosure £ To law enforcement officials or Information specified in Section correctional institutions in accordance 3(c)(iii)a above for the first of the with 45 C.F.R. § I 64.512(k)(5); repetitive accountable disclosures, (ii) g. For national security or intelligence the frequency, periodicity, or number of purposes in accordance with 45 C.F.R. the repetitive accountable disclosures, §164.512(k)(2); and (iii) the date of the last of the h. In a limited data set; repetitive accountable disclosures. L Incident to a use or disclosure that c. Disclosure Information for Large POMCO is otherwise permitted to make Research Activities For disclosures of by this Agreement; and the City's Protected Health Information j. Otherwise excepted from disclosure that POMCO makes for particular accounting as specified in 45 C.F.R. research involving 50 or more §164.528. individuals and for which an (iii) Disclosure Information With respect to any institutional review board or privacy disclosure by POMCO of the City's board has waived authorization during Protected Health Information that is not the period covered by an individual's excepted from disclosure accounting by disclosure accounting request, the Section 3(c)(ii) above, POMCO will record Disclosure Information that POMCO the following Disclosure Information as must record is (i) the name of the applicable to the type of accountable research protocol or activity, (ii) a plain disclosure made: language description of the research E THE CITY of BUFFALO V ADMINISTRATIVE SERVICES AGREEMENT- For Workers' Compensation and Injured on Duty Police and Fire protocol or activity, including its (iv) Availability _ of Disclosure Information, purpose and criteria for selecting POMCO will maintain the Disclosure information for at least 6 years following the particular records, (iii) a brief date of the accountable disclosure to which description of the type of the City's the Disclosure Information relates. Protected Health Information disclosed POMCO will make the Disclosure for the research, (iv) the dates or Information available to the City within 10 periods during which POMCO made or business days following the City's request , may have made these disclosures, for such Disclosure Information to comply including the date of the last disclosure with an individual's request for disclosure that POMCO made during the period accounting. covered by an individual's disclosure (d) Restriction Agreements and Confidential accounting request, (v) the name, Communications. POMCO will comply with address, and telephone number of the any agreement that the City makes that either (i) research sponsor and of the researcher restricts use or disclosure of the City's Protected to whom POMCO made these Health Information pursuant to 45 C.F.R. disclosures, and (vi) a statement that the §164.522(a), or (ii) requires confidential communication about the City's Protected City's Protected Health Information Health Information pursuant to 45 C.F.R. relating to an individual requesting the § 164.522(b), provided that the City notifies disclosure accounting may or may not POMCO in writing of the restriction or have been disclosed for a particular confidential communication obligations that research protocol or activity. POMCO POMCO must follow. The City will promptly will, upon request of the City or an notify POMCO in writing of the termination of any such restriction agreement or confidential individual requesting the disclosure communication requirement and, with respect to accounting may or may not have been termination of any such restriction agreement, disclosed for a particular research instruct POMCO whether any of the City's protocol or activity. POMCO will, Protected Health Information will remain subject upon request of the City or an to the terms of the restriction agreement. individual requesting the disclosure 4. Privacy Obligation Breach and Security Incidents. accounting, assist the City or the (a) Rep orting. individual to contact the research (i) Privacy Breach POMCO will report to sponsor and the researcher if it is the City any use or disclosure of the City's reasonably likely that the City's Protected Health Information not permitted Protected Health Information relating to by this part or in writing by the City, the individual was disclosed for the POMCO will make the report available to particular research protocol or activity. Commissioner of Human Resources and/or POMCO will, upon request of the City Director of Compensation & Benefits not or an individual requesting the more than 2 days after POMCO learns of disclosure accounting, assist the City or such non - permitted use or disclosure. POMCO's report will at Ieast: the individual to contact the research sponsor and the researcher if it is a. Identify the nature of the non - permitted - reasonably likely that the City's use or disclosure; Protected Health information relating to b. Identify the City's Protected Health the individual was disclosed for the Information used or disclosed; particular research protocol or activity. c. Identify who made the non - permitted use or disclosure and who received the non- permitted disclosure; n THE CITY of BUFFALO ADMINISTRATIVE SERVICES AGREEMENT.. . . _ For Workers' Compensation and Injured on Duty Police and Fire d. Identify what corrective action POMCO took or will take to prevent further non- permitted uses or disclosures; e. Identify what POMCO did or will do to mitigate any deleterious effect of the non - permitted use or disclosure; and f. Provide such other information, including a written report, as the City may reasonably request. (ii) Security Incidents If a security incident results in an actual disclosure of the City's Protected Health Information not permitted by this part, POMCO will report such incident to the City. POMCO will report to the City any unauthorized: a. access, use, disclosure, modification, or destruction of the City's electronic Protected Health Information of which POMCO becomes aware; or b. interference with system operations in POMCO's information systems involving POMCO's electronic Protected Health Information of which POMCO becomes aware. (iii) Within one business day, POMCO will provide the City with information regarding the nature and extent of the security incident and any associated - improper use or disclosure as well as any additional information the City may reasonably request. Return or Destruction of the O 's Protected Health Information as Feasible. Upon termination or other conclusion of this Agreement, POMCO will, if feasible, return to the City or destroy all of the City's Protected Health Information in whatever form or medium, including all copies thereof and all data, compilation, and other works derived Protected Health information. If applicable and if feasible, POMCO will require any subcontractor or agent, to return to POMCO (so that POMCO may return to the City) or destroy all of the City's Protected Health information in whatever form or medium received from POMCO, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of the City's Protected Health information, and certify on oath to POMCO that all such information has been returned or destroyed. pOMCO will complete these obligations as promptly as possible, but not later than 20 business days following the effective date of the termination or other conclusion of this Agreement. 6. Procedures when Return or Destruction is Not Feasible. POMCO will identify any of the City's Protected Health Information, including any that POMCO has disclosed to subcontractors or agents as permitted, that cannot feasibly be returned to the City or destroyed and explain whey return or destruction is infeasible. POMCO will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. POMCO will, by its written contract with any subcontractor or agent to which POMCO discloses the City's Protected Health Information as permitted by this part, require such subcontractor or agent to limit its further use or disclosure of the City's Protected Health Information that such subcontractor or agent cannot feasibly return or destroy to those purposes that made the return or destruction of such information infeasible. POMCO will complete these obligations as promptly as possible, but no later than 20 business days following the effective date of the termination or other conclusion of this Agreement. 7. Continuing Prtvac y and SecurLly Obligation. POMCO's obligation to protect the privacy and safeguard the security of the City's Protected Health information as specified in this part will be continuous and survive termination or other conclusion of this Agreement. 8. Other Obligations and Rights. POMCO's other obligation and rights and the City's obligations and rights upon termination or other conclusion of this Agreement will be those set out in the section(s) of the Agreement addressing post - termination rights and obligations. 7. Compensation. POMCO shall be compensated for its services in accordance with and pursuant to the schedule of compensation set forth in Schedule "A" attached hereto. The parties agree to modify the administrative fee listed in Schedule "A" if a change in law or regulations or a change in the plan results in a revision of the duties originally 7 THE CITY of BUFFALO ADMINISTRATIVE SERVICES AGREEMENT ------ For Workers' Compensation and Injured on Duty Police and Fire contemplated at the time of this Agreement. Such modification shall be agreed to by both parties and in writing. 8. Fu ding of Claims Pa meats. The City will maintain a claims checking account for the payment of Workers' Compensation and Injured on Duty claims to participants of the WC Plan and IOD Plan. POMCO will furnish the City, via email transmission, with a copy of the check register for each claims payment run. The City is responsible to deposit funds into the account to cover anticipated claims payments. POMCO shall not be Iiable for any claims, penalties, judgments or any other cost whatsoever arising from the City's failure to fund the account in a timely or sufficient manner. POMCO will provide the City of Buffalo a second notice, and within (5) days of receipt of the second notice, POMCO may cease payment of processing claims, and shall have the right to terminate this Agreement immediately as a material breach. 9. Obligations of the City During the term of this Agreement, the City agrees that it shall: (a) Promptly report to POMCO all Workers' Compensation and Injured on Duty claims to administer. POMCO shall not be responsible in any manner whatsoever for information that has not been timely provided to POMCO. Client assumes the responsibility for the accuracy of the information and material submitted by the Client; (b) Furnish POMCO with such other data and/or written information and reports required by POMCO in administering and managing the WC Plan and the IOD Plan; (c) Notify POMCO of any and all proposed. changes, amendments to or modifications of the WC Plan and IOD Plan at least fourteen (14) working days before the effective date of any such changes, amendments or modifications. If such changes, amendments or modifications result in special system revisions or adaptations, the resulting costs and expenses will be charged by POMCO to the City; and (d) Communicate in writing to POMCO all interpretations of the WC Plan and IOD Plan, policy decisions and directions made by The City relating to the operation of the WC Plan and IOD Plan. 10. Confidentiality POMCO agrees that unless otherwise directed in writing by the City, it and its employees will at all tim hold any and all data and other information concerning 8 the City in strict confidence. POMCO acknowledges that all files and other documents maintained by POMCO relative to the WC Plan and IOI) Plan are and shall remain the property of the City. The .City agrees that, unless otherwise directed in writing by POMCO, it and its employees and agents will at all times hold any information concerning POMCO and its methods and procedures of operation in strict confidence. The terms of this section shall survive the termination of this Agreement. 11. Solicitation of POMCO. Inc. The City agrees that during the term of this Agreement and for one (1) year thereafter it will not encourage or solicit any employee of POMCO, Inc. to become employed by the City in connection with the performance of services provided hereunder. 12. Conflicts of Interest. POMCO agrees not to employ or engage the services of any actively employed City of Buffalo employee or City of Buffalo employee who has, departed from their City service within the prior twelve months as a consultant or independent contractor without contacting the Commissioner of Human Resources first for written permission By executing this contract, POMCO acknowledges that they have no known or potential conflicts of interest with the City of Buffalo. POMCO has identified in writing any known or potential conflicts of interest, including, but not limited to any employment of or contracting with current City of Buffalo or former employees, and any POMCO employees who may be assigned to work on the City of Buffalo account who are related by blood or marriage to a City of Buffalo employee. POMCO has completed the Contract Certification Statement and forwarded to the City before the final execution of the award or contract for services. 13. Insurance /Indemnification POMCO shall procure and maintain during the Iife of this Agreement, policies of insurance in compliance with the requirements set forth herein: (a) Worker's Compensation Insurance shall be provided on the Workers' Compensation form and City of Buffalo shall be named as certificate holder. (b) Professional Liability Insurance in the amount of $1,000,000. City of Buffalo shall be named as certificate holder such policy of insurances. (c) General Liability Insurance (included but not limited to, contractual liability, bodily injury, and property damage) in g,�` Q THE CITY of BUFFALO ADMINISTRATIVE SERVICES-AGREEMENT- For Workers' Compensation and Injured on Duty Police and Fire the amount of $500,000 per occurrence, $1,000,000 in aggregate. City of Buffalo shall be named as additional insured and certificate holder. (d) Other such provisions as are acceptable to the City, the City's Human Resources Department, and the City's Corporation Counsel. All policies of insurance shall be provided by a company or companies admitted and authorized to do business in the State of New York. Coverage shall be primary and non- contributory with any other insurance. Before commencing the work, POMCO shall furnish to the City certificates of insurance, and shall thereafter provide renewal certificates, as appropriate, evidencing such continued coverage written by a company or companies acceptable to the City. All certificates of insurance shall be subject to the approval of the Corporation Counsel of the City as to form and of the Comptroller of the City as to sufficiency. Such certificates and renewal certificates shall provide for a notice of cancellation, lapse, or restrictive amendment by certified or registered mail at least thirty (30) days prior thereto and shall have attached a photocopy of the license(s) issued to the agent writing such insurance by the company or companies providing the insurance coverage under the certificate. If such insurance is written on a "claims made" basis then such insurance shall be kept in full force and effect for three (3) years after final payment to POMCO. willful misconduct, negligence, breach of contract, fraud or criminal conduct of POMCO, or its directors, officers or employees. POMCO shall indemnify and hold harmless the City, its officers, agents, servants, and employees, from and against any and all claims but not medical or drug claims, demands, suits, proceedings, liabilities, judgments, losses, costs or damages, including attorneys' fees, which the City may directly or indirectly incur, suffer or be required to pay by reason or in consequence of the intentional wrongful act or negligent act or omission of POMCO, its agents, employees or representatives under this Agreement. 14. Errors and Omissions Insurance POMCO agrees to maintain, at its own expense an errors and omissions insurance policy in the amount no less than $1,000,000 covering POMCO in connection with its management and administration of the Plans. Clerical errors or normal variations in administering the Plan without intent to defraud or willful misconduct are recognized in this Agreement as possible. When such errors or variations are made and discovered, the City and POMCO shall work together in correcting, adjusting or otherwise making them right to the extent such is both possible and recoverable. City of Buffalo shall be named as certificate holder such policy of insurances. All insurance shall be taken out and maintained at no cost or expense to the City and POMCO shall be responsible for the full amount of any deductible. The insurance requirements stated herein, including, but not limited, to, the additional insured requirement, are separate and independent of any other requirement of this written Agreement. The City shall indemnify and hold harmless POMCO, and its directors, officers and employees, from and against any and all claims, lawsuits, settlements, judgments, liabilities, damages, costs, penalties, and expenses, including the cost of reasonable attorney's fees, and, at its own cost and expense, defend any action or proceeding against POMCO arising from the City's material breach of its obligations under this Agreement and any claim that arises out of and in accordance with the administration by POMCO of the City's plan, including from the Centers for Medicare Services (CMS) or any other governmental entity, including allegations, mistakes or errors in reporting under the CMS Mandatory Reporting Requirements, provided POMCO shall have fully and faithfully performed its duties hereunder. Notwithstanding the foregoing, the City shall not be required to indemnify POMCO for any of the foregoing which is the result of the 9 15. Right of Ownership. Client agrees that the POMCO system, computer programs and documentation of that system utilized to render the services detailed in this Agreement are, and shall remain, the exclusive and sole property of POMCO. It is further expressly understood that the systems, programs and documentation that are the exclusive and sole property of POMCO shall not be disclosed orally, in writing, or by any other means by the City, its agents or employees without the prior written approval of POMCO. The provisions and restrictions of this paragraph shall otherwise survive and be binding upon the parties for a period of fifteen (I 5) years after the termination of this Agreement. 16. Disclaimer of Liability The City acknowledges and agrees that POMCO has disclaimed and does not assume any liability for any consultation, diagnosis, treatment, care, service or supply provided to any participant in the Plans by any physician, hospital or other medical service provider. There is no liability on the part of POMCO for disruption of services or termination of this Agreement due to a pandemic /epidemic disease outbreak. THE CITY of BUFFALO ADMINISTRATIVE SERVICES AGREEMEIN7_ - -._ -- ._. -_. _._... . For Workers' Compensation and Injured on Duty Police and Fire 17. Examinations and Maintenance of Records The City or its designated representative shall have .the right to examine any of the books and records of POMCO related to the Plans and payments thereunder, provided such examination is subject to such reasonable restrictions as POMCO shall, in its sole discretion, impose for the purpose of protecting the confidentiality of medical information concerning participants in the Plans. Any examination of such books and records shall be conducted at the premises of POMCO or City of Buffalo. The City of Buffalo will have total discretion to review their information at any time. POMCO shall retain all of the City's closed files according to POMCO's retention schedule. Files will be given retention dates of at least eighteen (18) years from the date of closing. All files will be returned to the City, or destroyed with the written permission of the City, once retention dates have been reached. The City understands and agrees that these files are not retained in duplicate, and that POMCO shall not be held liable for any loss or damage to these files while in the possession of POMCO, or while being returned to the City. 18. Notice All notices under this Agreement shall be in writing and shall be given by mailing the same by registered or certified mail, return receipt requested, Federal Express or other reputable overnight carrier, or facsimile transmission to the parties at their addresses as set forth above or to such other addresses as the parties may hereafter designate in writing. All notices shall be deemed served and given when mailed. 19. Assignment Neither party may assign, delegate or subcontract or otherwise transfer its rights or obligations hereunder absent the express written consent of the other party and any assignment or transfer in violation of this agreement shall be void; provided, however, POMCO, Inc. may assign its rights and delegate its duties pursuant to this Agreement to any successor, subsidiary or affiliate, provided such assignment is not in conflict with Section 22 -9 (Every contract hereafter awarded pursuant to bids shall contain a provision prohibiting the assignment of such contract or the subcontracting of any part of the work or services thereunder by the successful bidder to any other person, firm or corporation by whom a proposal was submitted to the City for the same contract) of the City Charter. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties' permitted successors and assigns. 20. Modification This Agreement contains the entire Agreement of the parties. No representations have been made or relied upon by either party, other than those that are expressly set forth in this agreement. This Agreement supersedes any prior written or oral agreement between the parties and may not be changed except in writing signed by the parties. 21. Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct or failure to act of the other which is a violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Headings Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 23. Binding Effect The provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective successors and permitted assigns. 24. Applicable Law. The Agreement shall comply with all laws, rules, regulations, and ordinances of the U.S. Government, the State of New York, and the City of Buffalo, including but not limited to the City Living Wage ordinance, and any other political subdivision of regulatory body which may apply to its performance under this Agreement. This Agreement shall be governed by the laws of the State of New York without regard to principles of conflicts of laws. For all purposes of this Agreement, the parties submit themselves to the jurisdiction of the Supreme Court of the State of New York, County of Erie, and consents that any and all litigation shall be in such court. ' 25. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. v 10 THE CITY of BUFFALO -. - ADMINISTRATIVE SERVICES AGREEMENT For Workers' Compensation and Injured on Duty Police and Fire THE CITY. By: Title: Date: POMCO, Inc. By: Title: Date: 11 ADMINISTRATIVE SERVICES AGREEMENT J For Workers' Compensation and Injured on Duty Police and Fire SCHEDULE "A" Schedule of Compensation Workers' Compensation and NYSGML 207 -a & 207 -c Support Services Fee Workers' Compensation Administrative Services Per Claim Fee Per Claim Fee New Medical Only $120 Per Claim Fee New Medical and Indemnity Claims $905 Per Claim Fee Open Medical Onl Included Per Claim Fee Open Medical and Indemnity Claims $175 after 1' 120 Injured on Du SGML 207 -a & 207 -c Per Claim Fee Per Claim Fee New $350 Per Claim Fee O en $125 after 1" 100 Hearing Representation Per client selection Private Investigation (per hour $65-$85 Consultant Medical Exams Per client direction Medical Rehabilitation $95/hr NCM, $195 per MTG Vocational Rehab Per client selection Mang ed Care Program (per hour Loss Control and Safety Engineering (Flat Annual Fee up to 40 hours $5,500 Return to Work Program fflat Annual Fee up to 40 hours $4,200 Cost Projection Services /Budgeting (Flat Annual Fee up to 40 hours $2,500 Full Installation Charges (Flat Fee Included Allocated Loss Adjustment Expense — to the Claim File Medical Bill Audits (State Fee Schedule )May be adjusted quarterly $179,000 annually* Medical Bill Audits (PPO network — additionally realized savings) Included Large Hospital Bill (per hour ) $95 Nurse Case Management and Return to Work Services (per hour) $95 Medical Treatment Guideline (per claim) $195 MMSEA Reporting to CMS (per claim annual fee) $10.85 Unlimited Access to RMLink[ -- Internet Reports • RMLink! Access for six (6) Users • Tools for Completion of C -2 forms -- Online Reporting • Tools for Completion of OSHA Log/Summary Included *Allocated expenses are paid to the claim file include, but not limited to, surveillance, legal fees, medical bill audit, nurse case management, MMSEA, MTG etc. POMCO's Plan Administration fees include the following: — Financial and Accounting Services (as previously outlined in this proposal), including all regulatory reporting. — Claims Management Reporting outside of the offerings of RMLink! (benchmarking to national claim costs, incidence rates, and durations of disability). Costs associated with quarterly claim reviews, annual plan reviews, and related client service functions. All charges and Fees under this Agreement are due and payable in full in U.S. dollars within thirty (30) days after the date of invoice (the "Payment Period "). If Customer disputes an item and/or amount on an invoice for which it intends to withhold payment it must, during the Payment Period: (i) give POMCO RM a written notice detailing the basis of the dispute (or the invoice shall be deemed undisputed), and (ii) pay all undisputed amounts in full within the Payment Period, POMCO RM may assess a late payment charge on all undisputed amounts at the rate of one percent (1 %) per month or the maximum rate permitted by applicable law, whichever is less, on the unpaid amount for each month (or fraction of a month) any payment is late. If Customer becomes thirty days past due with respect to any undisputed amounts due on an invoice, POMCO RM may, upon written notice to Customer, immediately terminate this Agreemeni. STATE OF NEW YORK WORKERS' COMPENSATION BOARD CERTIFICATE OF NYS WORKERS' COMPENSATION INSURANCE COVERAGE Ia. Legal Name and address of Insured (Use street address only) POMCO Inc 2425 James Street Syracuse, NY 13205 Work Location of Insured (Only required fcoverage is specifically limited to certain locations in New York State, i.e. a Wrap -Up Policy) 2. Name and Address of the Entity Requesting Proof of Coverage (Entity Being Listed as the Certificate Holder) City of Buffalo 1006 City Hall -Dept. of HR 65 Niagara Square Buffalo, NY 14202 lb. Business Telephone Number of insured 315- 432 -9171 lc. NYS Unemployment Insurance Employer Registration Number of Insured N/A Id. Federal Employer Identification Number of Insured Or Social Security Number 15- 05S1348 3a. Name of Insurance Carrier NorGUARD Insurance Company 3b, Policy Number of Entity fisted in bog "In ": POWC440416 APPROVED 1 3c. Policy effective period: AS TO FORM ONLY 01/01/2013 to 01/01/2014 3d. The Proprietor, Partners or Executive Officers are: ® included. {Oply check box if all partners /officers included) ❑ all excluded or.certain partners /officers excluded. Corpm wtox Cow of This certifies that the insuran the business referenced above in box "Ia" for workers' compensation under the New York State Workers' Compensation Law. (To use this form, New York (NY) must be listed under Item 3A on the INFORMATION PAGE of the workers' compensation insurance pokey). The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed above as the certificate holder in box "2 ". T'he Insurance Carrier will also notify the above certificate holder within 10 days 1F a policy is canceled due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of premiums that cancel the policy or eliminate the insured from the coverage indicated on this Certifcate. (These notices may he sent by regular mail) Otherwise, this Certificate is valid for a maximum of one year after this form is approved by the insurance carrier or its licensed agent, or until the policy expiration date listed in box "3c , wh5h ever i.s earlier. Please Note: Upon the cancellation of the workers' compensation policy indicated on this form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a new Certificate of Workers' Compensation Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Workers' Compensation Low. Under penalty of perjury, 1 certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has the coverage as depleted on this form. Approved by: Marshall Kornblatt (Print name of authorized representative or licensed agent of insurance carrier) Approved by: .' ' " of —__ _ (Signature) 04/30/2013 (Date) Title: Executive VP of Insurance Operations Telephone Number of authorized representative or licensed agent of insurance carrier. 500- 673 -2465 please Note: Only insurance carriers and their licensed agents are authorized to issue the C -105.2 form. Insurance brokers are NOT authorized to issue it. C-105.2 (9 -07) www.wcb.stat.ny.us ,�corxo CERTIFICATE OF LIABILITY INSURANCE DA7E(MM! ° DIYYYY) 11/15/2012 -THIS CERTIFICATE IS- ISSUED AS A MATTER• OF- INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS _ CERTIFICATE DOES NOT APFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subjectto the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N T Sheila Corbett Haylor, Freyer & Coon Inc. 231 Salina Meadows Parkway P.O. Box 4743 PHONIC No: - E -MAIL DREssacorbeftflhaylorcom INSURERS I AFFORDING COVERAGE NAIC# Syracuse NY 13221 -4743 INSURER A $2,000,000 INSURED INSURERS avelersInderrinityCGirnpany .25658 INSURERC: POMCO, Inc INSURER D: $300,000 2425 ,tames St Syracuse NY 13206 INSURER E : INSURER F O.'rhueonrxoe r_FRTIFIr:ATK NI IMRFRl '2a AAVr_'17r_ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL IN SUER POLICY NUMBER POLICY EFF POLICY EXP MM10D LIMITS A GENERAL LIABILITY Y Y 680608DB293PHX12 812312012 312312013 EACHOCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY D R 5 ao E ars $300,000 MED EXP (Any one person) $5,000 CLAIMS -MADE F� OCCUR PERSONAL & ADV INJURY _ $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG $4000000 $ POLICY PRO- X LOG JECT A AUTOMOBILE LIABILITY Y BA648OC82411SEL !2312012 512312013 ( Ea sodden 1000000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED ALL OED SCHEDULED AUTOS NON-OWNED 1X HIREDAUTOS X AUTOS PROPERTY DAMAGE a ecddent $ i $ X HiredAuto PD B X UMBRELLALIAB X OCCUR Y ISMCUP3558TS37IND12 !2312012 /2312013 EACHOCOURRENCE $10,000,000 AGGREGATE $10,000,000 . EXCESS LIAB CLAIMS -MADE DED X I RETENTION$ 10,000 $ WORKERS COMPENSATION WC LIMIT rR TORY AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNERIEX£CUTIVE0 E.LEACHACCIDENT $ - E.L. DISEASE -EA EMPLOYEd $ OFFICERIMEMBEREXCLUDED? (Mandatory In NH) NIA - E. L. DISEASE - POLICY LIMIT I $ Ifp es, describe under DESCRIPTION OPERATIONS below I D C Professional Employee Dishonesty 1852805 1700460 123!2012 123!2012 123!2073 !2312073 $5,000,000 Limit $50,000 Retention $1,500,000 Limit $5,000 Dad DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES {Attach ACORD 101, Additional Remarks Schedule, it more space Is required) Forms enclosed: Blanket Additional Insured -Owners, Lessees or Contractors CG D1 05 04 94, Oiher Insurance - Additional Insureds CG DO 37 04 05, Xtend Endorsement- New York CG F2 0411 03 APPROVED AS TO FORM ONLY CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CWporotfon C09Md THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Buffalo " ' ACCORDANCE WITH THE POLICY PROVISIONS. 1006 City Hall - De t. of HIR 65 Niagara Square THORIZEDREPRESENTATIVE Buffalo NY 14202 r� — .—n%,Vrcu%.VrcrurcnrrVrv. HN ngnrsFuzurvcu. ACORD 25 (2090105) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER : ISSUE DATE: 03- 15 - -- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: CITY OF BUFFALO DEPARTMENT OF COMMUrNITY SERVICES 1006 CITY BALL 65 NIAGARA SQUARE BUFFALO NY 14202 WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts or omissions. CG T4 91 1188 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 j POLICY NO.: 1- 680- 608D8293- PHX -12 COMMERCIAL GENERAL LIABILITY _.. ..- - POMCO , INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: t. WHO 1S AN INSURED (SECTION 11) is amended to include as an insured any person or organiza- tion (called hereafter "additional insured ") whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of "your work" or your ongoing operations For that addi- tional insured performed by you or for you. 2. With respect to the insurance afforded to Addi- tional Insureds the following conditions apply: a. Limits of Insurance — The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to "bodily injury," "property damage," "per- sonal Injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: t. The preparing, approving or .failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or engineering services. CG D1 05 04 94 Copyright, The Travelers indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. POLICY NO.: 1- 680- 608D8293- PHX -12 POMCO, :I NC. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and YY.wFrr14 ■A� m�— rr�r� arTrr O� O� rr� N� CIS a �,wr.r ww�a tiwwrrr Cam^ D� r b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b, Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of f r� C0891 POLICY NO.: 1 - 680 - 608138293- PHX --11 POMCO, I NC. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, XTEND ENDORSEMENT - NEW YORK Nom* o P i a� b� o m� This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Damage To Premises Rented To You Extension • Perlis of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C, Blanket Waiver of Subrogation D. Blanket Additional Insured - Managers or Lessors of Premises E. Blanket Additional Insured - Lessor of Leased Equipment F. Incidentaf Medical Malpractice G. Personal Injury - Assumed by Contract H. Extension of Coverage — Bodily Injury PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority in- terest on the effective date of the policy. However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization. 2. WHO IS AN INSURED (Section 11) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization ar'the end of the pciicy period, whichever is earlier, unless reported in writing to us within 180 days. 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. I. Injury to Co- Employees and Co- Volunteer Workers J, Aircraft Chartered with Crew K. Non -Owned Watercraft Increased from 25 feet to 5a feel L. Increased Supplementary Payments • Cost for ball bonds increased to $2,500 • Loss of earnings increased to $500 per day M. Knowledge and Notice of Occurrence or Offense N. UnintentionalOnission 0. Reasonable Force — Bodily Injury or Property Damage B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE Ll- ABILITY (Section I — Coverages) is deleted and replaced by the following, Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explow slon, or lightning; or e. Water, A separate limit of insurance applies #o this coverage as described in LIMITS OF IN- SURANCE (Section 111). 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: CG F2 0x411 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 �jl� 00915 P _ l COMMERCIAL GENERAL LIABILITY a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or G. swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3, Part G. of LIMITS OF INSURANCE (Section Ili) is deleted and replaced by the following: Subject to b. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for damages be- cause of "property damage" to any one prem- ises while rented to you, or temporarily occu- pied by you with permission of the owner, caused by fire, explosion, lightning, smoke resulting from such fire, explosion, or light- ning, or water. The Damage To Premises Rented To You Limb will apply to all damage proximately caused by the same "occur- rence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or wa- ter, or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (section V), Paragraph a. of the definition of "insured contract" is amended so that it does not include that por- tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- sion of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explo- slon, or lightning; or e. Water. 6. This provision B. does not apply if coverage for carriage To Premises Rented To You of COVERAGE A. BODILY INJURY AND Q PROPERTY DAMAGE LIABILITY (Section I - Coverages) is excluded by endorsement. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. BLANKET ADDITIONAL INSURED — MANAG- ERS OIL LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an Insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- Its shown on the Declarations, whichever is toss, 2. The insurance afforded to the additional in- sured does not apply to: a. Any "cibcurrence" that takes place after you cease to be a tenant in that preen= ises; V Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional In- sured, unless you have agreed in a written contract for this insurance to apply on a pd- mary or contributory basis. E. BLANKET ADDITIONAL INSURED -- LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an instired any person or organizatlon CG F2 0411 03 Copyright, The Travelers Indemnity Company, 2003 Page 2 of 5 �� COMMERCIAL GENERAL LIABILITY n� a� ;I w o a� o= o (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to their liability aris- ing out of the maintenance, operation or use by you of equipment [eased to you by such addi- tional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after the equipment lease expires; or b. "Bodily injury" or "property damage" aris- ing out of the sole negligence of such ad- ditional insured, for which no remuneration is demanded or received. 3, Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 2. above and while acting within the scope of their em- ployment by you. Any „ employees" rendering "Good 5anaritan services" will be deemed to be acting within the scope of their employ- ment by you. C The following exclusion is added to para- graph 2. Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAM- AGE LIABILITY (Section I - Coverages): (This insurance does not apply to:) Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributofy basis. F. INCIDENTAL MEDICAL MALPRACTICE 1, The definition of "bodily injury" in DEFINI- T[ONS (Section V) is amended to include "Incidental Medical Malpractice Injury". 2. The following definition is added to DEFINI- TIONS (Section U): For the purposes of determining the applica- ble limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of the services described in paragraph 2. above to any one person, will be considered one "occurrence ". G. This Provision F. does not apply if you are in the business or occupation of providing any of the services described in paragraph 2. above. 'Incidental-medical malpractice injury" means 7 bodily injury, mental anguish,. sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, ad- vice or instruction, or the related furnish- ing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies ar appliances; or c. First aid. d. "Good Samaritan services ". As used in this Provis F., "Good Samaritan ser- vices" are those medic-at services ren- dered or provided in an emergency and The insurance provided by this Provision F. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. G, PERSONAL INJURY - ASSUMED BY CON - TRACT 1. The Contractual Liability Exclusion in Fart 2., Exclusions of COVERAGE B. PER- SONAL. AND ADVERTISING INJURY LI- ABILITY (Section I - Coverages) is deleted and replaced by the following: (This insurance does not apply to:) Contractual Liability "Advertising injury" for which the insured has assumed liability in a contract or agreement. CG F2 0411 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 009918 �$q COMMERCIAL GENERAL LIABILITY This exclusion does not apply to liability for while performing duties unrelated to the con - damages that the insured would have in the duct of your business. absence of the contract of agreement. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 2. Subparagraph f. of the definition of "insured 3.8, of WHO IS AN INSURED (Section II) do contract" (DEFINITIONS -- Section V) is de- not apply to "bodily injury" for which insur- leted and replaced by the following: ante is provided by paragraph 1. or 2. above, f. That part of any other contract or agree- J. AIRCRAFT CHARTERED WITH CREW ment pertaining to your business (fnclud- 1. The following is added to the exceptions con- ing an Indemnification of a municipality in tained in the Aircraft, Auto Or Watercraft connection with work performed for a Exclusioa in Part 2., Exclusions of COVER - municipality) under which you assume AGE A. BODILY INJURY AND PROPERTY the tort liability of another party to pay for DAMAGE LIABILITY (Section I — Cover- "bodily' injury" "property damage" or ages): "personal injury" to a third party or or- (This exclusion does not apply to:) Aircraft ganization. Tort liability means a liability chartered with crew to any insured, that would be imposed by law in the ab- sence of any contract or agreement. 2. This Provision J. does not apply if the char- s. This Provision G. does not apply if COZIER- tered aircraft is owned by any insured. AGE B, PERSONAL AND ADVERTISING 3. The insurance provided by this Provision J. INJURY LIABILITY is excluded by endorse- shall be excess over any other valid and col - ment. lectible Insurance available to the Insured, H. EXTENSION OF COVERAGE — BODILY whether primary, excess, contingent or on any other basis, except for insurance pur- INJURY chased specifically by you to be excess of The definition of "bodily injury' (DEFINITIONS - this policy. section V) is deleted and replaced by the follow- K. NON -OWNED WATERCRAFT ing: "Bodily injury" means bodily injury, mental an- 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- guish, mental injury, shock, fright, disability, hu- sion in Part 2., Exclusions of COVERAGE millation, sickness or disease sustained by a per- A. BODILY INJURY AND PROPERTY DAM - son, including death resulting from any of these AGE LIABILITY (Section I - Coverages) is at any time. deleted and replaced by the following: I. INJURY TO CO- EMPLOYEES AND CO- ( A watercraft you do not own that Is: VOLUNTEER WORKERS I. Your "employees" are insureds with respect (a) Fifty feet Fong or less; and to "bodily injury to a co- "employee" In the (b) Not being used to carry persons or course of the co= `employee's" employment property for a charge; by you, or to your "volunteer workers" while 2. This Provision K. applies to any person who performing duties related to the conduct of witty your expressed or implied consent, ei- your business, provided that this coverage for ther uses or is responsible for the use of a your "employees" does not apply to acts out- watercraft, side the scope of their employment by you or 3. The insurance provided by this Provision K. while performing duties unrelated to the con- shall be excess over any other valid and col - duct of your bu si ne ss. lect i nsu r ance available to the insured, 2. Your "volunteer workers " are insureds with whether primary, excess, contingent or on respect to bodily injury' to a co- "volunteer any other basis, -except for insurance pur- Worker" while performing duties related to the chased specifically by you to be excess of conduct of your business, or to your "employ- this policy. ees" in the course of the "employee's" am- ployment by you, provided that this coverage for your "volunteer workers" does not apply Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG F2 0411 03 L INCREASED SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAY- MENTS -- COVERAGES A AND B (Section I -- Coverages) are amended as follows: 1. in Part b. the amount we will pay for the cost of bail bonds is increased to $2500. 2. in Part d, the amount we will pay for loss of earnings is increased to $500 a day, M. KNiDVVLEIDGE AND NOTICE OF OCCUR - RENCE OR OFFENSE 7. VA The following is added to COMMERCIAL GENE LIABILITY 2k (Duties n D T I he O Eventof Oc- IV), paragraph currence, Offense, claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim under this insur- ance shall be given as soon as practicable af- ter knowledge of the 'loccurrenoe" or offense has been reported to any Insured listed under - Paragraph 'i. of Section it -- Who Is An In- su red or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice. Knowledge by other , employee(sy of an "oc- currence" or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to Your workers' compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph i, of Section li — Who Is An CG F2 04 11`103 COMMERCIAL GENERAL LIABILITY Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice discovers that the "occurrence ", offense or claim.may involve this policy. N. UNINTENTI()MNL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph S. (Representations)* The uninterrtior sl omission of, or unintentiorial error in, any information provided by you shall not prejudice your rights under this insurance. How- ever, this Provision N. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable slate insurance laws, codes or regula- tions. REAsoNABLE FORCE - BODILY INJURY OR PROPERTYDAMAGE The Expected Or Intended Injury Exclusion in Pail 2„ Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I -- Coverages) is deleted and replaced by the following: R (This insurance does not apply to:) Expected or intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force to pratect persons or property. Copyright, Company, Indemnit Com an , 2003 Page 5 of 5 0 ht, The Travelers 009911 lh� Permission to Enter Into Agreement with POMCO Group Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Human Resources, dated June 20, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Human Resources/Division of Compensation and Benefits to enter into an agreement with POMCO for workers' compensation and injured on duty claims management and consulting services. PASSED C:%UsersllnminskiLAppData\ Local \MicrosoftlWindows\Temporary Internet Files\eontent Outlook\OX12QV W61Permission to Enter Into Agreement- POMCO.docx � UY, AYE *NO S * * FRANCS * WLO.M. M LOCURTo PRIDGEN RrAMA RUSSPLL SCANLON * ' Smm 20 , . G 3`4• 7 n �b FROM THE CITY CLERK June 25 2013 000 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. /P A Address Business Name Owner's Name 301 Franklin St Dinosaur Bar-B -Que Dinosaur Restaurants Inc. 1598 Bailey Ledgendz Bar & Grill Geaald Marks 1516 Niagara St. Rascals on Niagara Rascals on Niagara 73 Hamburg Street Gene McCarthy's Brewery & Kitchen Old First Ward Brewing Co.. ILC RECEIVED AND FILED June 2S, 2013 /P. STATE OF NEW YORK�� EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law TO: Applicant Address and Principal Residence Address Community Board/Municipality: Dinosaur Restaurants LLC City of Buffalo Dinosaur Bar -B -Que Buffalo City Clerk 301 Franklin St. 1308 City Hall Buffalo, NY 1.4202 Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage Control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: Room: Premises Address 301 Franklin St. NYS Liquor Authority Buffalo, NY 14202 6/25/2013 11:00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo, NY 14203 An on- premises liquor license application was filed on 4/3012013 with the State Liquor Authority for the following premises: Applicant's Serial 3153554 Number and Name: Dinosaur Restaurants Inc. Premises Address 301 Franklin St. Buffalo, NY 14202 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. ATTENDANCE IS REQUIRED. DATE: June 10, 2013 FORM: L.a.3 (5111) mam STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY srmwm-diaed NO'T'ICE FORM f rPmvidinga 30-Day A, dvance Notice to a Loral Municlisaff Community lluard in connerrimnvith rhesu8m ssra r la 1heSmie LEquorAurho q ofu (ckeck one `Z New Application [I Renewal Application ❑ Alteration Application ❑ Corporate Change for an On- Premises Alcoholic Beverage License 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: V 2 0 s .M 2. Name of the Local Municipality or Community Board: R �3F JI'A$1fI1:NT7}3�NN7HISTTOFi[�E 3. Attorney's Full Name is: / D, 41 C 4. Attorney's Street Address: �e"641 S. City, Town or Village: (/t - c State: Zip Code: —/ 6. Business Telephone Number of Attorney: �� ��tox�91�PP� tisllaa #LL INRalA1IO17 ltOTO DBE lfiA[ El Or O FRAT10[l G1h1IrY R0 , ,y Oro 7. Type(s) of alcohol sold or to be sold under the license: ("X" One) ❑ Beer Only 9 Wine and Beer Only ❑ Liquor, Wine and Beer 8 Extent of Food Service: Restaurant (Sale Of food primarily; Tavern/Cocktail Lounge /Adult Venue/Bar (Alcohol sales primarily - (`X" One) Fu21 food menu; lfitchen run by chef) meets legal minimum food availability requirements) ❑ Hotel ❑ Live Music ❑ Disc Jockey ❑ Juke Box 11 Patron Dancing (Small scale) ❑ Karaoke Bar 9 Type of establishment: ( "X" all that apply) ❑ Cabaret, Night Cluh,(Large Scale Dance Club) ❑ Capacity for 600 or more patrons ❑ Bcd 8s Breakfast ❑ Restaurant ❑ Club (e.g. Go]fl ❑ Catering Facility ❑ Stage Shows ❑ Topless Entertainment ❑ Recreations] Facility (Sports Fraternal0 Facility/Vessel) ❑ None ❑ Rooitop X Patio or Deck ❑ Freestanding Covered Structure ❑ Garden /Grounds 10. Licensed outdoor area: { "X" all that apply) Sidewalk Cafe Dther (Specify):None 11. Will the license holder or a manager be physically present within the establishment during all hours of operation? ( "X" one) Yes ❑ No 12. License scrial number: A/ /4�- Expiration Date: ..w— 13. The applicant's or license holder's full name, as it appears or will appear on the license: A4 (/ A/ J ON Ae ✓� 14. The Trade name, if any, under which the establishment conducts or will conduct business: /a4 6 I � 15. The establishment is located within the building which has the following street address: V , V /_ 16. City, Town, or Village: NY Zip Code: 17. The establishment is located on the following floor(s) of the building at the above address:��� 18. Within the building at the above address, the establishment is located within the room(s) numbered as follows: 19. Business telephone number of applicant licensee: �j / /� �Q/ D Business fax number of applicant /licensee: 20. Business e-mail address of applicant /licensee: 21. Does the applicant or license holder own the building in which the establishment is located? ( "X" ane) ❑ yes (If "Yes ', SKIP items 22 -25) No 6 s �3 {F�Ci,C]FT1iE BUZ3MNG,lTTVk1CH THE LICENSED'ESTABLISHME11f'C Is lACAT$l] 22. Building owner's fulll name is: 23. Building owner's street address: 24. City, Town, or Village: kN t Zip Code: 1, 25. Business telephone number of building owner: '� / 4 +� / - I am "the apphC9nt Pr hofd�'the ]icerise oz asi.a principal �gf the legal: entity that holds or is applying for the license. Representatwiis rn flue form are an �confor;pitywltb, „'.. - representation' s madain ' -s'bhmitted docLUnelzts.iehed iippn by t1ie:Anthority'wlien granting the license- lundetstand -fhat repfeserttaiaoris made 7n this -form wil4also Tie :�. iehe 'rip p, and - tli'at fWae representatlriris may result in disapproval, of the app)iaadon or revocation of the license: 26. By my srgnatuie; I affi rm -under Penalty of Perjury - that the representations made in this form are true. Printed Name Mde atu fL { J t r Y X Revised 5123/12 �)ianaar=eu sv iLa ry Vi for!"rorgainga u ALLY CC ,[U[I •. to a i,Qcai Mimicip EXECUTIVE DEPARTMENT B in connection with the submission to the StateLiquorAxfhori o a ff the oti DIVISION OF ALCOHOLIC BEVERAGE CONTROL Ne PS 1I:Cat lI E] Re qau Ain liC atlilII� ❑Alter lion A li doll STATE LIQUOR AUTHORITY ❑ CO ©fate Chang for an On- Premises Alcoholic Beverage License co py of this Notice was mailed to the Local Municipality or Community l , ate eon n c Board (� ,j TFIIB'3Q -IfIIY ADYANCE IB'$F+IN[}.PKO IDED T. 0: :CSR)EII R)fi3 E�F. FOLI OW11 mi!#il P ITS/ Olt GU1�1Kf1AT1Y BdAfRD'. 2. Name of the Local Municipality or Community Board: C k " o r- 7. Type(s) of alcohol sold or to be sold under the license: ( °X" One) u Beer Only Li Wine and Beer Only Liquor, Wine and Beer Restaurant (Sale of food primarily; Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol sales primarily $ Extent of Food Service: meets legal minimum food availability requirements) ( X" Oncl Full food menu; Kitchen run by chef) ❑ Recorded Music Live Music ❑ Disc Jockey Juke Box [D Patron Dancing (Small scale) Karaoke Bar Type of establishment: Cabaret, Night Club,(Large Scale Dante Club) F1 C apac it y o f 600 or more patrons ❑ Hotel [] Bed & Breakfast 9. (X° all that applYl Restaurant ❑ Club (e.g. Golf /Fraternal Org.) ❑ Catering Facility El stage Shows Togless'Entertainrnent ❑ Recreational Facility (Sports Facility /Vesscl) 10 Licensed outdoor area. None Rooftop Patio or Deck Freestanding Cove red Structure Garden /Grounds (X' all that apply) Sidewalk Gale Other (Specify):None 11, is the premises located within 500' of three or more on- premises liquor establishments? Yes No 12. Will the license holder or a manager be phy y presen resent within the establishment during all hours of operation? ("X" one) Yes ❑ Na Expiration Date: . 13, License serial number: 14. The applicant's or license holder s full name, as it appears or will apP.- on the license: �� �t��y Q iWLO Gael wa co"'Y ule 15. The Trade name, if any, under which the establishment conducts or conduct business: 16. The establishment is located within the e building which has tit. following street address: ') t -� s���l►t+r ►]`1 _ w Y Zip Cade: 17. City, Town, or Village: 18. The establishment is located on the following floor(s) of the building at the above address: S r 19. Within the building at the above address, the establishment is located within the room(s1 numbered as follows: Ph pp / _ ¢ f Z _ Business fax number of applicant /licensee: '7j& 2D. Business telephone number of a licant licensee: 1 t1 21. Business a -mail address of applicant/licensee: AQt r j , CP4- 22. Does the applicant or license holder own the building in which the establishment is located? (X" one) ® Y (lf °yes SKIP items 22 -251 El No 23. 1 Building owner's full name is: 24. 1 Building owner's street address: j 25. City, Town, or Village: N26. Business telephone number of building owner: 27 Name C04J 0-0 `J Zip Code: 1 ( Rcv 05/16/13 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- Patrick Pascall.. Kelly Gattuso— Sandra Smith, Gisele Murphy Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. June 25, 2013 1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE; FROM: DEPARTMENT: POLIC DIVISION: SUBJECT: I: UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) Item No. Ex. Item No. xxx C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW Chief Patrick Pascall, assigned to the A- District has been granted a military leave of absence without pay for the period of three years commencing June 15, 2013 through June 19, 2016. PO Kelly Gattuso, assigned to the Commissioner's Office has been granted an extension to her medical leave of absence without pay for the period of 6 months commencing June 18, 2013 through December 18, 2013. RT Sandra Smith, assigned to the D- District has been granted a medical leave of absence without pay for the period of two months commencing June 10, 2013 through August 9, 2013. Civilian School Crossing Guard, Gisele Murphy assigned to the D- District has been granted a medical leave of absence without pay for the period of 10 days commencing June 10, 2013 through June 20, 2013. DDltlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: —. -D5 P -I2e (10/12) * SSN: XXx-XX- 1 /4,7,-,? *LAST FOUR (4) DIGITS ONLY* EDUCATIONAL EMPLOYMENT FMLA (SEE BELOW) MILITARY ❑ (MUST ATTACH ORDERS) RANK- ASSIGN: _ ' - , 61-17 - MATERNITY ❑ PERSONAL ❑ MEDICAL ❑ (MUST ATTACH MEDICAL DOCUMENTATION) THE FAMILY MEDICAL LEAVE OF ABSENCE WA) IS A 12 WEEK LEAVE (THE INTERMIT'T'ENT' FMLA- IS- A- ISA -12 WEEK 1 480 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 TIE 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 DATES OF LEAVE BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: EMPLOYEE SIGNATURE PROVED 1 ❑ DEFIED PROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR D APPROVED ! ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEP EQUIPMENT) COMMISSIONER OF POLICE DATE cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER DEPARTMENT OF THE ARMY U. S. ARMY HUMAN RESOURCES COMMAND 1600 SPEARHEAD DIVISION AVENUE FORT KNOX, KY 40121 --5001 AHRC- -ARD -o264 ORDERS R -05- 383676 PASCALL PATRICK MICHAEL 18 LOCKHART RD WEST SENECA, NY 14224 17 MAY 2013 LTC CA OFFICE CHIEF ARMY RESERVE (WOZ4AA) YOU ARE ORDERED TO ACTIVE DUTY IN THE GRADE OF RANK SHOWN ABOVE FOR THE PERIOD SHDWN BELOW. YOU WILL PROCEED FROM YOUR CURRENT LOCATION IN TIME TO REPORT ON THE DATE SHOWN BELOW. REPORT TO: OFFICE CHIEF ARMY RESERVE (WOZ4AA) 6075 GOETHALS ROAD BLDG 1901, FORT BELVOIR, VA 22060- 0000 REPORTING DATE: 17 JUN 2013 ASSIGNED TO: OFFICE CHIEF ARMY RESERVE (WOZ4AA) 6075 GOETHALS ROAD BLDG 1901, FORT BELVOIR, VA 22060- 0000 - PERIOD 3 YEARS - - _- PURPOSE: SR STRATEGIC PLANNER (PARA 004, IN 02) TOY ENROUTE AT: ADDITIONAL INSTRUCTIONS: (A) TRAVEL BY TWO PRIVATELY OWNED VEHICLES IS AUTHORIZED. (B) YOU ARE AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS AT THE WITH DEPENDENTS RATE. (C) YOU ARE REQUIRED TO REPORT TO THE FAMILY HOUSING OFFICE OR HOUSING REFERRAL OFFICE SERVING YOUR NEW DUTY STATION BEFORE YOU MAKE HOUSING ARRANGEMENTS FOR RENTING, LEASING OR PURCHASING ANY OFF -POST HOUSING. (D) YOU WILL HAND -CARRY MEDICAL, DENTAL AND CLOTHING RECORDS TO YOUR NEW DUTY STATION. (E) YOU ARE RESPONSIBLE FOR REPORTING TO YOUR DUTY STATION /SCHOOL IN SATISFACTORY PHYSICAL CONDITION, ABLE TO PASS THE APFT AND MEET WEIGHT STANDARDS. (F) DEPENDENT TRAVEL TO NEW PERMANENT DUTY STATION IS AUTHORIZED IAW CHAP 5, VOL 1, JFTR. (G) YOU WILL SUBMIT A REVIEWED TRAVEL VDUCHER TO YOUR SUPPORTING FINANCE OFFICE WITHIN 15 DAYS AFTER TRAVEL IS COMPLETED. (H) ADVANCE IS AUTHORIZED. (I) OFFICIAL TRAVEL ARRANGEMENTS PURCHASED THROUGH A COMMERCIAL TRAVEL OFFICE [TRAVEL AGENCY] NOT UNDER CONTRACT TO THE GOVERNMENT ARE NOT REIMBURSABLE. (J) SUBJECT TO AVAILABILITY OF FUNDS. FOR ARMY USE: AUTHORITY: TITLE 10 USC 12301(D) (DO NOT ACCESS INTO THE STRENGTH OF THE ACTIVE ARMY) ACCT CLASS: 21 3 2070 22 -2010 PIE11.0400 (AGROFF174TVL13) /NBGP (1198- 1199 - 1210 - 1250- 21P3- 21P4- 22NL -22NZ- 2578 -2579) PRAG 523185 TAC:CZN3 CBA /IBA: TRANSPORTATION TICKETS WILL BE PURCHASED USING A CENTRALLY BILLED ACCOUNT (CBA). USE OF AN INDIVIDUALLY BILLED ACCOUNT (IBA) IS NOT AUTHORIZED. SCTY CL: TS W /SENS COMP INFO DOR: 13 SEP 2012 PMOS /SSI: 3RA00 PEED; 01 JAN 1991 ROR: WEST SENECA, NY DMOS /SSI: 59AO06Z UCMJ RESP: SOLDIER IS ASSIGNED TO OFFICE CHIEF ARMY RESERVE, 6075 GOETHALS ROAD BLDG 1901, FORT BELVOIR, VA, 22060- 0000 AND OFFICE CHIEF ARMY RESERVE, ROOM 1D434 PENTAGON, WASHINGTON, DC, 20310 -2400 FOR ADMINISTRATION AND MILITARY JUSTICE (INCLUDING ADVERSE ADMINISTRATIVE ACTIONS). REFRAD: 16 JUN 2016 SDN:PAS4672PH83676 FORMAT 174 FOR THE COMMANDER * * * * * * * * * * * * ** * HRC * JERRY L. MRAZ * OFFICIAL * DEPUTY CHIEF OF STAFF FOR * * * * * * * + * * * * ** PERSONNEL AND LOGISTICS ,I? DISTRIBUTION: 1 -CDR, OFFICE CHIEF ARMY RESERVE, 6075 GOETHALS ROAD BLDG 1901, FORT BELVOIR, VA 22060 -0000 I -MPRJ, HQ ARMY HUMAN RESOURCES COMMAND, ATTN: AHRC -AR, 1600 SPEARHEAD DIV AVE, FORT KNOX, KY 40122 -0000 P -126 (10 /12) EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA (SEE BELOW) MEDICAL 9 (MUST ATTACH MEDICAL MILITARY 4 1 (MUST ATTACH I _ DOCUMENT TIO F ORDERS) 2E • THE FAMXYly EDICAL LEAVE OF ABSENCE (FNMA) IS A 12 WEEK LEAVE (THE INTERMITTENT FMLA IS A i A If WEEK ! 480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE 7DAE) FOR: CARE OF CHIT D, SPQUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FULA REQUEST FORM REQUIRED) _ • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BE " FIT F� * SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A (&NSEG IVE L ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DE�T • l�i fAL j WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND 1D CARD PRIOR TO THE START OF THEIR LEAVE to FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OFABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE Mc ckk cck L nwic DATES OF LEAVE BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: C A2) EMPLOYEE SIGNATURE .149PROVED 1 ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR DATE PRO D 1 ❑DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPAR ME AL EQUIPMENT) z� COMMISSIONER OF POLICE DATE cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL. COMMANDING OFFICER - u l i - w w - DATE: ' 'ASSN: - - *LAST FOUR. (4) DIGITS ONLY* RANK= .ASSIUN' W TXAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL MA (SSE BELOW) ❑ MEDICAL (MUST ATTACH MEDICAL hOUTARY ❑ (MUST ATTACH DOCONJENT ORDERS) • THB- FAMILY MEDICAL. LEAVE OF ABSENCE (D&A) IS A 12 WEEK. LEAVE (THE INTB MII"f W FMLA IS A IS A 12'WSEK 480 HR. LEAVE (ANOr A CM&INATION OF BOTH PAID AND UNPAID LBMS TM) - FOR. CARE OP - CIi", SPOUSE, PARENT OR OWN MEDICAL NEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) r TO TAKING OF ANY LEAVE OF ABSENCE W(LL USULT IN T}IL LOSS OF Uf PERFECT ATTENDANCE BENEFIT' r SWORN MEMBERS REQUESTING A LEAVS OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUi E ACCUMULATION OF NSIONS IN EXCESS OF THUtTYI (30) DAYS, MILT SUMMER THBIR DEPARTMENTAL W£APpN, RADIO, CAA SPRAY, BADmE, WREATH ANn ID CARD PRIOR 1 THE START OF TfIEIR LEAVE BALL U1PE TO DO SO WILL RESULT IN THE REI VOCATION'OF TILE LEAVE OFABSENCE AND THE CARRY17VG OF THE MEMBE AS BERVG AWOL E L ATIO OF L&AV : V/ S O LEA BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEA'V'E: 6 tom` •� EMPLOYEI; SIGNATURE ROVED 1 ❑ DENIED ( PROVAL CON)DIT IONCiD UPON SUNNIlER OFDEPARTIaN T AI. EQMMENT) POLICE INSPECTOR nATE 64AROVI?ri l EN1E1) (APPROVAL CONDITIONED UPON SURRENDIR OF DEPART N f EQUIPMEMt} COIVIMISSIOIrIER OF PDLIC)r bA E cc: OlUGINAL- ADMINISTRATION AND FINANCE (PERSONNEL. FILE) 1EQRES I'NO EMPLOYEE CIVIL SERVICE ADMINISTRATION COMMANDING OFFICER P -12e (10112) MATE: NAME: r ) /se��c� �e RANK: *SSN: XXX XX- ASSIGN: *LAST FOUR (4) DT TTS ONLY* a EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA (SEE BELOW) ❑ MEDICAL Z(MUST ATTACH MEDICAL MILITARY ❑ (MUSTATTAC14 DOCUMENTATION) ORDERS) - • TBE FAMILY MEDICAL LEAVE. OF ABSENCE (PMLA) IS A 12 WEEK LEAVE (rR WMtMIT-TENT-FMLA IS - A IS All 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 FIALA 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; M ST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE J FAIL URE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER ANMINGAWOL EXPLANATION OF LEAVE: 's r DATES OF LEAVE: BEGINNING DATE: END DATE: 1 2-� Z a t 3 RETURN TO WORK DATE: LENGTH OF LEAVE: t - D'� EMPLOYEE SIGN APPROVED I ❑ DENMI) (APPROVAL CONDITIONED UPON SURRENDER OF ]DEPARTMENTAL EQUIPMEN O LICE INSPECTOR D bEMED (APPROVAL CONDITIONED UPON SURRENDER OF DEPAR QUIPMENT) COMMISSIONER OF POLICE DAVE cc: ORIGINAL — ADN MSTRALTIQN AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYER CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER 000 8 �p Mike Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium X Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED June 25, 2013 91 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE June 12 2013 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on June 12, 2013, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary Absent: None DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: ®0 0.2111) No. Notices of Appointments - Council Interns Tl � I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. June 25, 2013 �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 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: �t w A-q a 4 a s in the Department of Common Council Division of to the Position of City Clerk Intern VI perm Provisional T emporary, Seasonal, Exempt, Unclassified (Ins one) UN Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE Intern VI NAME Robert Castro LAST DEPARTMENT City Clerk DATE 2012 ADDRESS 303 Jersey Street LAST SALARY $10.00 CITY & ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX -XX -7461 LAST JOB TITLE Intern VI NAME John Wagner LAST DEPARTMENT City Clerk DATE 2012 ADDRESS 108 Peabody Street LAST SALARY $10.00 CITY & ZIP 14210 LAST 4 DIGITS OF SSN. XXX - XX - 8094 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 5395 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: Ju a 17, 2013 SIGNATURE OF APPOINTING AUTHORITY: A QRIGINAL t 1 I;UYItS 1 U: C.1 I T I.LC lV1VlDCrV IL nrr� OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL 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). 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:_ 3.� a 1•c11 �j in the Department of Division of to the Position of Common Council City Clerk Intern VI. Permanent Provisional, Temporary, Seasonal, Exempt, Unclassified (Ins one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE Intern VI NAME Mara Kline LAST DEPARTMENT City Clerk DATE 2012 ADDRESS 128 Coolidge Road LAST SALARY $10.00 CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX -0229 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 10220001 ' TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 5395 SALARY RANGE OF POSITION $10-00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: June 17, 2013 SIGNATURE OF APPOINTING AUTHORITY. ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 94 (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 Division of to the Position of June 24, 2013 Common Council City Clerk Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Inse one) Open- Competitive, Promotional, Non - Competitive, Exempt (insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE 1775 NAME Tyree Parker LAST DEPARTMENT City Clerk DATE 2012 ADDRESS 351 Northumberland LAST SALARY $10.00 CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN, XXX -XX -4770 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 10220001 TITLE CODE NO 1755 BUDGET ACCT: OBJ. 412002 PROJ. 1D PERSONNEL REQ. NO 5395 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING Gerald A. Chwalinski ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) City Clerk 94 (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 +-A-,- R.'4 t :,t�k 3 Common Council City Clerk Intern VI Permanent Provisional Te mporary, Seasonal, Exempt, Unclassified (Inse one) 1 WX ILASSj Fl ED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Suzanne Starr DATE ADDRESS 279 North Park Ave Upper CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX -2995 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 10220001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5395 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: JurjA 17, 2013 SIGNATURE OF APPOINTING AUTHORI l 'k U 4 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) Q001 () No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. June 25, 2013 C #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: 6 , 1 /q' 1 in the Department of Public Works, Parks & Streets Division of to the Position of Parks Laborer 11 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) S€,ASAMAI Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 12.47 NON - COMPETITIVE FLAT LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Allison Mendolera DATE ADDRESS 383 Fargo Ave, CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Brandon Santiago DATE ADDRESS 176 15" St. CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX-XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2012 -132 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: r Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: 5 Commissioner DATE: 6113113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE (S C 94 (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 Division of to the Position of 0112) Public Works, Parks & Streets Parks Laborer II Perma Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Patrick Isch DATE ADDRESS 317 Woodside Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAS 4 DIGITS OF SS XX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14160001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -131 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: 7 Commissioner DATE: 6113113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL t 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) ##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 Division of to the Position of & /Zgf13 Public Works, Parks & Streets Parks Lifeguard Permanen Provisional, Temp orary, Seasonal, Exempt, Unclassified (Inse o ne) C"CASf9AlAl Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Jamir Walker LAST DEPARTMENT DATE ADDRESS 235 Schuele LAST SALARY CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Shaquelle Walker DATE ADDRESS 235 Schuele Ave. CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: `% 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES M_ #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION 408- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment V / 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 �2_ Public Works, Parks & Streets Division of to the Position of Parks Lifeguard .�� Perman Provisional Tem porary,- Seasonal, c�RCr�r�a asonal, Exempt, Unclassified (In one) Open - Competitive, Promotional, Nan - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE .LAST DEPARTMENT LAST SALARY NAME September Williams DATE ADDRESS 158 Harvard Pi. CITY & ZIP Buffalo 14209 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Julie Wozniak DATE ADDRESS 5 Wildwood PI. CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak. - TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 6/5113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #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: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional Tempo rary,_ Seasonal, Exempt, Unclassified (Ins one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Chelsea Zakowski DATE ADDRESS 70 Good Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Mackenzie Zakowski DATE ADDRESS 70 Good Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE '14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY Steven J. Ste niak Comm issioner 6!5113 _ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- 2IVISION #6 - , EMPLOYEE(S) ##4 (Rev 7 -07) Certificate of Appointment d` 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: &' Z V l � 3 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard P_ermanent,_ Provisional ,Sempomq,_Seaso_n_a_l,_ Exempt, Unclassified _(In one RFA RONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Alexandra Zarbo DATE ADDRESS 1726 South Park ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Kali Zuppinger DATE ADDRESS 51 Eaglewood Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL_ REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOAR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: r � . Commissioner DATE: N`� 515113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL } 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPLOYEE(S) #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: r J Z4/13 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent Provisional Tem porary,_ Seasonal,_ Exempt, Unclassified (In one) SEASONAL Open- Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY 107 ;1 NAME Brittany Allen ADDRESS 151 W. Woodside Ave. CITY & ZIP Buffalo 14220 LAST 4 DIG ITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Brett Andersen DATE ADDRESS 149 Montrose Ave. CITY & ZIP Buffalo 14214 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: TAME OF APPOINTING AUTHORITY: Steven J. Stepniak _ -- TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/5113, SIGNATURE OF APPOINTING AUTHORITY: u ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #B- 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 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 Division of to the Position of � I - Public Works, Parks & Streets Parks Lifeguard P_ er_ tnanent,_P�QVisi4nal,semRocary, Seasonal, Exempt,_ U nclass ifi ed (I nsert one SEASONAL Open-Competitive, Promotional, Non- Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 12.47 FLAT NON - COMPETITIVE LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Marisol Angeles DATE ADDRESS 192 Lafayette Ave. CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN, XXX -XX- LAST JOB TITLE NAME Noah Atkission LAST DEPARTMENT DATE ADDRESS 52 Cazenovia St. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET .ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 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: 61511 SIGNATURE OF APPOINTING AUTHORITY: 0/p (I — ORIGINAL * 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) e 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, T 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: &( Z ',3 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard permanent Provisional, Tempo ra , Season--al,- Exempt, Unclassified_ In sert one SEASONAL Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Nicholas Borkowski DATE ADDRESS 76 Fred ro , St. CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Justin Blake DATE ADDRESS 62 Whitfield Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER 94- 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 appointment(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 t,� / 2 Y //' Public Works, Parks & Streets Division of to the Position of Parks Lifeguard Permanent , _Provisional,_Temporary, Seasonal,_Exempt,_U_nclassified (I nsert one SEASONAL Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Dominique Brown LAST DEPARTMENT DATE ADDRESS 144 Durham Ave. LAST SALARY CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Christopher Capone LAST DEPARTMENT DATE ADDRESS 187 Weimer St. LAST SALARY CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Rllr, Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) L/ #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: / 2-L/ �1 in the Department of DIvision of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent Provisional, Tempora Seasonal, Exempt, Unclassified (In sert one) ' Open- Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Jillian Casey LAST DEPARTMENT DATE. ADDRESS 27 Evelyn St. LAST SALARY CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME lion Crittenden DATE ADDRESS 55 Cofax Ave. CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 - 129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak _ TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 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) #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: & 1 Ly in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent Provisional Tempora Seasonal E Unc la ss ified (Insert one ) S Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 12.47 FLAT NON- COMPETITIVE LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Alyssia Cruz - Jackson DATE ADDRESS 371 Hudson St. CITY & ZIP Buffalo 14201 LAST 4 DIGIT OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Marc Cruz - Jackson DATE ADDRESS 371 Hudson St. CITY & ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 - 129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: �-- Commissioner DATE: ~ 615113 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) #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 Division of to the Position of 6) t 1- /3 Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST DIGITS OF SSN. XXX -XX- NAME Kevin Cully ADDRESS 92 Shenandoah Rd. CITY & ZIP Buffalo 14220 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Victoria Damaro DATE ADDRESS 525 Auburn Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 - 129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: 1°! Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY: _ tqy�_ ORIGINAL + 2 COPIES TO: CITY CLERK fONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) (i. #4 (Rev 7 -07) Certificate of Appointment P_� 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 Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent Provisional Temporar S Ex Unc lass if ied (i one) SF Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Peter DeJesus DATE ADDRESS 99 Albert Ave. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Olivia Dugan. DATE ADDRESS 114 Coolidge Rd. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 . BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: f f� Steven J. Ste niak 1 Commis SIGNATURE OF APPOINTING AUTHORITY 615113 ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 94 (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 Parks to the Position of Lifeguard Permanent,, Provisional Temporary- Seasonal - Exempt- Unclassified—(Insert-on s) SEASONAL Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Ahmed Elbaneh LAST DEPARTMENT DATE ADDRESS 391 Mackinaw St. LAST SALARY CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Aniesa Elbaneh LAST DEPARTMENT DATE ADDRESS 391 Machinaw St. LAST SALARY CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak _ TITLE OF APPOINTING. AUTHORITY: Commissioner DATE u 615/13 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3 COMPTROLLER #4- HUMAN SERVICESICIVIL 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). 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: L, Z- q 13 in the Department of Public Works, Parks & Streets Division of to the Position of Parks Lifeguard Perm anent_P_rovjsionat_Temporary_, Seasonal,- Exempt, Unclassified ( Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Joseph Ferguson DATE ADDRESS 67 E. Morris Ave. CITY & ZIP Buffalo 14214 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 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: ' Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +2 COPIES TO: CITY CLERK (ONIBEFOREAPPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 94 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 - 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: 'Z L in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard 8°�ACdSEtE P rmaaent T pl, Unclassified ( Inset one) .���:� Open - Competitive, Promotional, Non Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting :Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME James Gallivan ADDRESS 230 Tacoma Ave. CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Ariiana Gonzalez DATE ADDRESS 80 Page St. CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ_ 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615!13 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- _EMPL0YEE(S) #4 (Rev 7 -07) Certificate of Appointment J 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: 1 2-LI ' in the Department of Public Works, Parks 8& Streets Division of Parks to the Position of Lifeguard Permanent P avisianal,se r�lPora , Seasonal, Exempt, Unclassified ( Insert one) SEAS ONAL- Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT NAME Brlanne Grochala DATE ADDRESS 337 Eden St. CITY & ZIP Buffalo 14220 LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT NAME Emma Hartman DATE ADDRESS 169 Como Ave. CITY & ZIP Buffalo 14220 LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: W Commissioner DATE: SIGNATURE OF APPOINTING AUTHORITY: Bl5113 ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER 04- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #B- EMPLOYEI= 5 #4 (Rev 7 -07) C" ' 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: t(% A 4- //.3 in the Department of Public Works, Parks & Streets Division of to the Position of Parks Lifeguard Permanent, Provisional r9 ary_, Seasonal Exem Unclassified ( Insert.one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Milagro Herrera DATE ADDRESS 270 Breckinridge CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME 6piW Hillyard DATE ADDRESS 151 Hamburg St. CITY & ZIP Buffalo 14204 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 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) ell #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: & z , I - / 3 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanen t t ,Provisional_ Tempsza Exem Unclassified (Insert one) RF 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 $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Evan Hughes DATE ADDRESS 49 Wellington Rd. CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Brittany Jaeckle DATE ADDRESS 308 Esser Ave. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment C� 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: in the Department of Division of to the Position of I ZVJ13 Public Works, Parks & Streets Parks Lifeguard Per Provisiona�, porary Seasonal, Exempt, Unclassified ( one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Nathan Klein DATE ADDRESS 37 Rounds Ave. CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Tiffany Kobee LAST DEPARTMENT DATE ADDRESS 295 North Dr. LAST SALARY CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 - 129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: RV� Commissioner DATE: l 615113 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) #4 (Rev 7 -07) Certificate of Appointment �qa 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 � Z_4! '3 Public Works, Parks & Streets Parks Lifeguard pn rrrlanent ; - Proviaianal,- T Seasonal ,-Exempt, Unclassified (insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Joshua Koester DATE ADDRESS 147 Royal Ave. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Brenda Laborgiile'' DATE ADDRESS 35 Fuller St. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: 71;�e Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DAB OTHER COPIES TO: #3- COMPTROLLER 44- HUMAN SERVICESIGIVIL 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). 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: 6 l L '-f l / '3 in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Pe Provisional TQmparary Seasonal -Exempt, Unclassified ( Insert one �EW11�fE\Edl<t_ Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Christian Leal LAST DEPARTMENT DATE ADDRESS 16 Calumet PI. LAST SALARY CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -X LAST JOB TITLE NAME Precious Lugo LAST DEPARTMENT DATE ADDRESS 334 Weimer St. LAST SALARY CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak _ TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) X- #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, 1 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 Division of to the Position of &, / 113 Public Works, Parks & Streets Parks Lifeguard aarmanent, Provisional, Temporary, Seasonal, Exempt, Unclassi (Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME McKenzie McMahon DATE ADDRESS 40 Kenefick Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Cindy Mierzwa DATE ADDRESS 131 Ladner Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY:, Commissioner DATE: 6!5113 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE S #4 (Rev 7 -07) Certificate of Appointment 0 '?j J 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 Division of to the Position of 1c /z yl /. Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SFA 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 $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Ashley Murdoch DATE ADDRESS 105 Bazter St. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Justine Myke LAST DEPARTMENT DATE ADDRESS 39 Helen St. LAST SALARY CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 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 #8- DEPARTMENT #7 DIVISION #8- EMPLOYEE( #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 Division of to the Position of l( /L 't J/ Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temp Seasonal, Exempt, Unclassified (Insert one) 9 5 A SONIAL Open- Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME D'Andre Nicholas DATE ADDRESS 8 West Cleveland Dr. CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Brandon Nieves DATE ADDRESS 38 Plymouth Ave. CITY & ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR [DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: �- 615113 SIGNATURE. OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO. #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #B- 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 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: 1 2, //3 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Perm Provisional, Temporary Seasonal Exem Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Stm -ting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Sean Overdorf LAST DEPARTMENT DATE ADDRESS 122 Turner Ave. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Cristal Pacheco DATE ADDRESS 925 Niagara St. Apt. 1 CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: W, ; - Commissioner DATE: 615113 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- EMPL #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 Division of to the Position of (P 1ZL/ Public Works, Parks & Streets Parks Lifeguard SEASONAL Permanent Provisional, Temporary, Seasonal, Exempt, Unclassif (insert one) Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Shane Palistrant DATE ADDRESS 26 Meyer Ave. CITY & ZIP Buffalo 14207 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 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERS AB RE . N HOUR SALARY RANGE OF POSITION $'12.47 PER REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: Y - 1 DATE: (!!� SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste niak Commissioner 615113 ORIGINAL + 2 COPIES T0: CITY CLERK APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6 DEPARTMENT #7- DIVISION #8- EMPLOYE #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: I c'f //3 in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard SEASONAL Permanent, Provisional, Tem pora , Seasonal, Exempt Unclassified (Insert one} Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) PLAT (Enter Staging Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Brittany Penders LAST DEPARTMENT DATE ADDRESS 59 Ramona Ave. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGI OF SSN. XXX -XX- LAST JOB TITLE NAME Savanna Pereyla LAST DEPARTMENT DATE ADDRESS 175 Normal Ave. LAST SALARY CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF S SN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 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 EMPLOYEES) ff4 (Rev 7 -07) Certificate of Appointment V 3� 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: z L1 11 3 in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent_ Provisional, Temporary Seasonal Exem Unclassified (Insert one) SWASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Alan Ring DATE ADDRESS 40 Minnetonka Rd. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Greta Rizzo LAST DEPARTMENT DATE ADDRESS 150 Goethe LAST SALARY CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: CC 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLaYEE(S) #4 (Rev 7 -07) L/ 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: / 2 t )//3 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporar SEAS Seasonal, Exempt, Unclassified (Insert one) T Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Edgar Rodriguez DATE ADDRESS 26 Argus St. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Linorah Rodriguez DATE ADDRESS 99 Seymour St. CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: po_� Commissioner DATE: 615113 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) #4 (Rev 7 -07) Certificate of Appointment V 1 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 &1Z- 0 Public Works, Parks & Streets Division of to the Position of Parks Lifeguard Permanent, Provisional,, Temporary Seasonal, Exem Unclassified ( Insert one) SEASONAL Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Timothy Ryan LAST DEPARTMENT DATE ADDRESS 182 McKinley Pkwy. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Alexander Sanchez LAST DEPARTMENT DATE ADDRESS 79 Marine Drive 8E LAST SALARY CITY & ZIP Buffalo 14202 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 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: 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment I)\ t5 9 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 Division of to the Position of Public Works, Parks & Streets Parks Lifeguard SEASON" Permanent, Provisional, Temporary, Seasonal, Exempt, U nclassified (Insert one) Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Eduvijez Sanchez DATE ADDRESS 79 Hampshire St. CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Elijah Serrano LAST DEPARTMENT DATE ADDRESS 548 Plymouth LAST SALARY CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSO ABE REQ. N HOUR SALARY RANGE OF POSITION $12.47 PER REASON FOR APPT. ABOVE THE MINIMUM NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DAM OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BU ❑GET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) #4 (Rev 7 -07) Certificate of Appointment �J 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 Division of to the Position of le K 1 13 Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional Tempora Seasonal, Exempt, Unclassified (Insert one) SgAR014A Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Luis Soto DATE ADDRESS 164 Camden Ave. CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Lidia Stampone DATE ADDRESS 281 Abby St. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 - 129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: 0� Commissioner DATE: 11� 6/5113 SIGNATURE OF APPOINTING AUTHORITY: & == __.. ORIGINAL + 2 COPIES TO' CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- MIDGET #6- DEPARTMENT #7- DIVISION #8 EMPLOYEE(S) e 3'/ #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 appoinhnent(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 Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclass (Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Elizabeth Staniszewski DATE ADDRESS 128 Norman Ave. CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Brazil Thompson DATE ADDRESS 55 COW Ave. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROD. ID PER ABE REO HOUR 2012 SALARY RANGE OF POSITION $12.47 HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 11 c_ /I .m SIGNATURE OF APPOINTING AUTHORITY: O + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #8- 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 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 LIP'811") Public Works, Parks & Streets Division of to the Position of Parks Lifeguard Permanent, Provisional, Temporar Seasonal Exem Unclassified ( Insert one) SEASONAL Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 12.47 FLAT NON - COMPETITIVE LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Shaun Woods DATE ADDRESS 2289 Seneca St. CITY & ZIP Buffalo 14210 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 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: Ii DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 6114113 d 1 r �j 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- #4 (Rev 7 -07) Certificate of Appointment O e— 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 Division of to the Position of Cry / '9�4/i Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Tempora Seasonal, Exem Unclassified ( Insert one ) SEASONAL Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) . NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX- NAME ADDRESS CITY & ZIP Carolann Walters 92 Linden Ave. Buffalo 14214 LAST JOB TITLE NAME Zachery Withey LAST DEPARTMENT DATE ADDRESS 125 Ideal LAST SALARY CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6114113 SIGNATURE OF APPOINTING AUTHORITY: Il� ORIGINAL +2 COPIES TO: CITY CLERK (ONIBEFOREAPPOINTMENT 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). 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 Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Margaret Scherer LAST DEPARTMENT DATE ADDRESS 55 Kenefick LAST SALARY CITY & ZIP Buffalo 14220 L AST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Anthony Torres LAST DEPARTMENT DATE ADDRESS 141 Page St. LAST SALARY CITY & ZIP Buffalo 14207 LAST 4 DI GITS OF SSN. XX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ, 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6114113 SIGNATURE OF APPOINTING AUTHORITY: d ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- -EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment 9 -1,_ Cl- M 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 Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Meegan Petrucci LAST DEPARTMENT DATE ADDRESS 89 Red Jacket Pkwy, LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Kathleen Scherer LAST DEPARTMENT DATE ADDRESS 55 Kenefick LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/14113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8--EMP LOYEE(S) T _ #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 Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SE ASONA L Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Caitlyn Miller LAST DEPARTMENT DATE ADDRESS 373 Eden St. LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Megan Morcio LAST DEPARTMENT DATE ADDRESS 102 South Pierce St. LAST SALARY CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY Steven J. Stepniak f�j�, Commissioner 6114113 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) #4 (Rev 7 -07) Certificate of Appointment 2a � J 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 persons) 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 Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Kristen McMahon DATE ADDRESS 112 Elgas St. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Maura McMahon DATE ADDRESS 49 Turner Ave. CITY & ZIP Buffalo 44220 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT, OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: ! 6114113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO� CITY CLERK QNIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment V 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: (" / �_Ut I ("_') in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAIW Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jael - Yusef Johnson DATE ADDRESS 80 Janice St. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Kristen Lemke LAST DEPARTMENT DATE ADDRESS 42 Minton St. LAST SALARY CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner - DATE: 6114113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- 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 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 Division of to the Position of 1 1 - IC "1 9 Pub lic Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Aidan Gould LAST DEPARTMENT DATE ADDRESS 3 Willink Ave. LAST SALARY CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. X -XX- LAST JOB TITLE NAME David Gzyl LAST DEPARTMENT DATE ADDRESS 157 Longnecker St. LAST SALARY CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. 0BJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste niak Commissioner 6114113 121 `. j ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- -EMPLOYEE(S) #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: " ` 1 F in the Department of Public Works, Parks & Streets Division of to the Position of Steven J. Stepniak 6 j Com missioner Permanent, Provisional, Temporary, Seaso nal, Exempt, Unclassified (Insert one) SPARO A Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY Parks Lifeguard NAME Antonio CicelsCe DATE ADDRESS 31 Marine Dr. Apt. 12A CITY & ZIP Buffalo 14202 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Conor Gilson DATE ADDRESS 188 Tuscarora Rd. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: 6114113 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 #B- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 94 (Rev 7 -07) C� 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�I 2-+II 3 Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exe mpt, Unclassified (Insert one) RSARONAl Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Ashley Barca DATE ADDRESS 25 Barnard St. CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Madeleine Burns DATE ADDRESS 58 Arlinton Place CITY & ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 - 129 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak _ TITLE OF APPOINTING. AUTHORITY: 1 p, Commissioner DATE: 6114113 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- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment 3� 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 Division of to the Position of Public Works, Parks & Streets Parks Supervising Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unc l as sified (Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 1 2,47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Kasia Williams ADDRESS 454 Dartmouth CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Melissa WoodA" DATE ADDRESS 7 Heussy Ave. CITY & ZIP Buffalo 14220 LA 4 D I G ITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2012 -135 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6114113 d SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 44 (Rev 7 -07) 3 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: f ! in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguard Permanent, Provisio Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Amanda Gonter DATE ADDRESS 572 Potomac Ave. Apt. 5 CITY & ZIP Buffalo 14222 LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Danielle Polniak DATE ADDRESS 201 South Ogden St. CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PER S Y O NNEL R EO NpuR HOUR SALARY RANGE OF POSITION $12.47 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: f Commissioner DATE: 6114113 /) SIGNATURE OF APPOINTING AUTHORITY: OR IGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE OTHER COPIES TO. #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5 BUDGET #6 DEPARTMENT #7- DIVISION #$- 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 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: (OZ-411 i> in the Department of Public Works, Parks & Streets Division of Parks to the position of Supervising Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME Janel Anthony LAST DEPARTMENT DATE ADDRESS 189 Winspear Ave. LAST SALARY CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. X -XX- LAST JOB TITLE NAME Daniel Clark LAST DEPARTMENT DATE ADDRESS 224 Saranac Ave. LAST SALARY CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -135 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven J. Stepniak - - -- TITLE OF APPOINTING. AUTHORITY: [,,,� Commissioner DATE: / 615113 SIGNATURE OF APPOINTING AUTHORITY: CJ ORIGINAL t 2 COPIES T0: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #$- DEPARTMENT #7- DIVISION #8- EMPLOYEE(5) �J d` 94 (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 Parks to the Position of Supervising Lifeguard Permanent, Provisional, Temp orary, Seasonal, Exempt, Unclassified (In sert one) SFARONIA Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Chelsea Gabamonte DATE ADDRESS 134 Military Rd. CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN, XXX -XX- LAST JOB TITLE NAME Otuken Gildo LAST DEPARTMENT DATE ADDRESS 38 Paige St. LAST SALARY CITY& ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -135 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: Steven J. Stepniak _ Commissio DATE: Te, 615113 SIGNATURE OF APPOINTING AUTHORITY: 4 4.1 ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) �nJ 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 Parks to the Position of Supervising Lifeguard Permanent, Provisional, Temporary Seasonal, Exe Unclassified (I one) SEAS Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Seaming Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Liana Rodriguez DATE ADDRESS 144 Riverside CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Katherine Ryan DATE ADDRESS 182 McKinley Pkwy. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT, OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -135 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +2�COPIES -TO: CITY CLERK ONBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEEM a 94 (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: ( / 2 // in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 NON - COMPETITIVE LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jessica Tunis DATE ADDRESS 104 Fillmore Ave. CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Elizabeth Vogl DATE ADDRESS 24 Wildwood PI. CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX - XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -136 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 615113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- - EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment 01 9 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 Division of (Enter Starting Salary) : Starting Salary of $ 12.47 � / -z---1 Public Works, Parks & Streets Parks to the Position of Supervising Lifeguards Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert SE Open Competitive, Promotional, Non Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Fiat, Hourly (Insert one) FLAT LAST JOB TITLE NAME Gaetano Capodicasa LAST DEPARTMENT DATE ADDRESS 434 Seneca St. LAST SALARY CITY & ZIP Buffalo 14204 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 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -135 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 5116113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER 44- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(SI #4 (Rev 7 -07) Certificate of Appointment 0 60 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 Division of to the Position of Cr I z- - t / I -> Public Works, Parks & Streets Parks Supervising Lifeguards r� Permanent, Provisional, Temporary, Sea sonal, Exempt, Unclassified (insert one) 9E-ARC I_ Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Christopher Petrella DATE ADDRESS 11$0 Amherst St. 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 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -135 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: fir DATE: SIGNATURE OF APPOINTING AUTHORITY Steven J. Stepniak Commissioner 5116113 ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DAB OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE 45- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) (�•/} Certificate of Appointment f 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 Division of to the Position of It / z q ) (:� Public Works, Parks & Streets Parks Supervising Lifeguards Permanent, Provisional, Temporary, Seasonal, E xe mp t, Unclassified (Insert one) SEASONA Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE NAME David Moran LAST DEPARTMENT DATE ADDRESS 171 Cantwell LAST SALARY CITY & ZIP Buffalo 1.4220 LAST 4 D IGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Taylor Sittniewski LAST DEPARTMENT DATE ADDRESS 99 Kelburn St. LAST SALARY CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -135 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: �r-✓� Commissioner DATE: t'% 511611 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 EMPL�S) 114 (Rev 7 -07) Certificate of Appointment ' 4 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: �` I in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguards Permanent, Provisiona Temporary, Seasonal, Exempt, Unclassified (Insert one) SEAS Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 1 2.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME James Wozniak III DATE ADDRESS 5 Wildwood Pl. CITY & ZIP Buffalo 14210 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 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -135 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: / 5116113 SIGNATURE OF APPOINTING AUTHORITY: _ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO. #3- COMPTROLLER #4- HUMAN SERVICESUVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION 98- EMPLOYEE (S) L 44 (Rev 7 - 07) Certificate of Appointment /O cl 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 Parks Supervising Lifeguard Permanent, Provisional, Tempo Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open- Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) . Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Teela Gajewski DATE ADDRESS 223 Ashley St. CITY & ZIP Buffalo 14212 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Matthew Pasqualetti DATE ADDRESS 72 Cumberland Ave. CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 4.12002 PROJ. ID PE=RSONNEL REQ. NO 2012 -135 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR . REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: X111 SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 0003. 99P 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. June 25, 2013 06- 06 —'13 15.51 FROM —CITY OF BUFFALO 7168514360 T -373 P0003/0003 F -955 No Certificate of Appointirmont In coin0janoe with provisions of5oodan?A 2 of the Chertor and Chapfkr" -t of the Ordinance. of r6u City of8u 6- I tranem' this wdriim ion of appoinsnuhlb) or prnmolion(si. T PuAheraeelify that the pelfon{s) named in $anddule'A' havebean ceflGfied of approved by th® ltamen LugeurcFSrQVII $WVIC4iQr {Ite. Appointment Effective: (ISM 0113 in the Daplf, ant of Police Division of Communlcatlons to the position of Public Safety Dlspatcher (FA soft One) : PERMANENT (insert One) APPOINTMENT (InsegtOne) , at tha, MINIMUM jBnter Starting Salary); STaning.Salary Of $24,212 (T Step) Schr3dula�" (AST JOB TITLE NAME' James M. Wozniak III LAST DEPARTMENT BATE ADDRESS 5 Wildwood Place LAST SALARY CITY &ZIP Buffalo, NY 14210 LAST 4 DIGITS OF 83N. XX)( XX-6683 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF 83N, XXXXX LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & 71P LAST4 DIGITS OF -58N. XXX•XX' LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CLTY &'LIP IA$T4 DIGITS OF SSN. X)(X XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADORES$ LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. ' XXXXX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE: BUDGET ORG. CODE 12024001411004 TITLE CODE 110 210D BUDGETACCT.OBJ. 12024001.41100'1 PROJ• ID PERSONNEL REO. NO 2012.911 SALARY RANGE OF POSITION $24,212 - PER YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY; Commissioner of Police DATE: OSM4 'F3) SIGNATURE OF APPOINTING AUTHORITY; ORfrlNAr +�l:OP • CjTVgg5f, (0Nd2r- F0RE= APP0INTMPNTOA1EI nTNFP MPIE &TO: 0& 2MEIBn I PR $$- NIIMAN 1grRVICESICIUIL3ELV1PE 07• AIINAPT 45. , nr:PARTMPNT X18- DLY{Si2 910 EMPL R 06- 06 -'13 15:51 FROM -CITY OF BUFFALO 7168514360 T -373 P0002/0003 F -9bb R-P finer Ewa/ Certificate of Appopntnmont In aomplienas with prori4io0s 6tSootion 24 -1 of tb6 Chaney and Chapter 35.1 or IN OrdinsMeg orlhe City of VON0la, I In nonit Zhu ornification orappointmanl(c) to promotl0eta� 1 Nnher oeRiry th the pardorQ n+ned in Schedule W hays been aenif5ed or akpproved by the HU 1 Resouraee Ser-ce rat W Appoin Effectiva: 06!10143 in the Dapanlnent Of Police Division of communications to the Posidon of Public Safety Dispatchei (Insert One) : TEMPORARY (fnsett Onc) : APPOWYMENT yngut Dive) : at tho: MINIMUM isaw Starting salary)! Starting Salary of $24,212 (7 Step) h la" .• LAST JOB TITLE LAST DEPARTMENT 12024001411001 TITLE CODE NO 2100 12024001-411001 PROD. IO PERSONNEL REO, NO 2012.143 LAST SALARY IASt A DIGITS QF SSN, XU- XX LAST JOB TITLE LAST DEPARTMENT LACY NAME SSMUGIIe L, Thomas DATE ADDRESS 157 Langflald Drive CITY & Z IP Buffalo, NY 14218 NAME DATE ADDRESS CITY & ZIP LAST 5A LAST DIGITS OF SSN - XXX XX- LAST JOB TITLE LAST DEPARTMENT Y NAME DATE ADDRESS CITY &ZIP LAST SALAR LAST 4 DIGITS OF SON. XXkXX- LAST JOB TITLE LAST DEPARTMENT R Y NAME DATE ADDRESS CITY & Z IP LggT $AtA LAST 4 DIGITS OF SSN. ' XXX•XX- LAST JOB TITLE LAST DEPARTMENT NAME DATE ADDRESS CITY & ZIP LAST SALARY LAST a DIGI`fS OF SON. XX % - XlL- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE BUDGET ACCT. OBJ, SALARY RANGE OF POSITION $24,212 • $40,353 PER REASON FOR APPT. APOVE THE MINIMUM: YEAR NAME OF APPOINTING AUTKQAITY: d TITLE GF APPOINTING. AUTHORITY: 'DATE: SIGNATURE OF APPOINTING AUTHORITY: Denier D ares a Commisslonerof Padce nkv n,t±+aK fONMEPOREAPp01NTMr NIT 1 \AND wr a (nAIFB TA rn 11.FR t16 }LI '_aa cap VINF:9101W W -202ru tl &tSEPARTME tVd - DS it40 EMPLQyEP[AI #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: A *1_3 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Community Recreation Aide Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PRRORANSW Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 34,402 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Paul Mann DATE ADDRESS 135 Whitfield Ave. 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 14222001 TITLE CODE NO 9220 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -121 SALARY RANGE OF POSITION $34,402 - $37,780 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 5/3111�3� SIGNATURE OF APPOINTING AUTHORITY: f 41 y 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) #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: July 1, 2013 in the Department of Licenses Division of Permit & Inspection Services to the Position of Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP Enter Starting Salary) : Starting Salary of $30,507 - $33,526 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Tasha Collier DATE ADDRESS 410 Olympic Ave. CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN, XXX -XX -7498 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 16550001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -205 SALARY RANGE OF POSITION $30,507 - $33,526 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: James Comerford, Jr. Commissioner 611 9113 SIGNATURE OF APPOINTING AUTHORITY: l ✓ ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #B- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I fiuther certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 6/24/2013 in the Department of Call and Resolution Center Division of Citizen Services to the Position of Complaint Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM kEnter Starting Salary) : Starting Salary of $30,507 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME ANGELA PRESTON DATE ADDRESS 16 Domedion Avenue CITY & ZIP Buffalo, 14211 LAST 4 DIGITS OF SSN. XXX -XX -7529 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 10319001 TITLE CODE NO 0015 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2012 -122 SALARY RANGE OF POSITION 30 ,507 - 33 ,526 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Oswaldo Mestre Jr. Director, Citizen Seri s j. ORIGINAL +:3 GUYItS I V' Ul.1 TFULCKR.�uIVror r - nrrvuN i MEN i un I �� OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 000 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. June 25, 2013 94 (Rev 7 -07) . �A_` 1 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). 1 finther 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 I . P4 Parking Parking Violations Bureau Junior Traffic Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARY Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 33,507 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Samantha Y. Pearce DATE ADDRESS 229 Berkshire Ave CITY & ZIP Buffalo NY 14215 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 11475001 TITLE CODE NO 0179 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -202 SALARY RANGE OF POSITION $33,507- $33,527 PER YEAR DAY HOUR YEAR REASON FOR AP.PT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY Kevin J. Helfer Commissioner of Parking 07108/2013 ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT 47- DIVISION #8 EMPLOYEES) 0 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS June 25, 2013 00033 June 18, 2013 To Members of the Common Council 1, Christine A. Lehner request permission to purchase an obsolete computer from the Division of Management Information Systems. The Serial number is BFX -WW 147 and the Cost is $15.00. Thank You. Yours truly, ? � Christine A. Lehner 151 Villa Avenue Buffalo, NY 14216 716- 931 -5744 7-U Permission to Purchase Equipment Mr. Smith 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 request from Christine A. Lehner to purchase an obsolete computer from the Division of Management Information Systems, serial number BFX- WW147, for $15.00. C:1L)ocumenls and SelUnV%detmeaU cal Setd'Wg Tempnrary [memet Files1OLKIDTermis ion to Purchase Fqulpment,docz Ftell - 6 Y4- 7 ATE NO � FOIgTANA F.�T�Y� � , � � -•� 1 RT+ _ - -: - PRIDGM * . .10pv]cu SCANLON $ 3Y 9? 9p2-? C- h CC LA 1CA r _ 6 UtrIeA L Subject: 3 items for Buffalo Common Council agenda I would like to add these 3 matters for council's consideration at upcoming meeting to be clocked in: 1. A symbolic declaration to the effect that: "Buffalo should hereby pronounced as the original home of the chicken wings ". -( with touristic promotion of the implications) 2. Another declaration affirming Buffalo's Dyngus Day as the original DD parade. "Buffalo is the first city in the nation to start Dyngus Day parade; therefore, it shall be known as the 'founding city of the Dyngus Day in America "'. (Tourism implications as well). 3. An operative, executive motion, pertaining to the Peace Bridge Preclearance Pilot Program and its potential effect for city residents in the West City: "Whereas both Canada and the United States have committed to embark on a pilot project to move the truck inspection plaza for the American Plaza into Fort Erie, Canada; and whereas the move would divert the truck line -up from Buffalo into canada, taking away polluting trucks in the process; and whereas the move thereby eliminates the damaging effects suffered by West Side residents and Busti Avenue dwellers; and despite the (blessed) move by the assembly to deprive the corporate status of the Peace Bridge Authority in New York State; be it resolved that the City of Buffalo's Common Council gives it consent for alleviating truck traffic by supporting the move to preclear US -bound trucks in Canada ". Steve Norris 353 Hoyt St. Buffalo NY 14213 G� f 00035 MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen Date: June 13, 2013 Community Garden I would like to file the attached information for the next Common Council meeting to be held on June 25, 2013. Thank You, [n G - Darius G. Pridgen Ellicott District Council Member ' Elk s Harvil and Sandy Hill 99 Mulberry Street Buffalo, NY 14204 716 847 -0120 5/12/13 Darius G. Pridgen Ellicott District Common Council Member 1408 City Hall, Buffalo NY 14202 Phone: 716- 851 -4980 ♦ Fax: (716)851 -6576 Dear Councilmember Pridgen, We have attached a letter recently sent to Mayor Brown. We hope to have your support as we try and stop the short sighted placement of only town house rentals in the Fruit Belt neighborhood. We would also like our community garden (Virginia and Mulberry Streets) to be returned and rebuilt so that it can stand for the voice of the people in the Fruit Belt. We would like this complaint to be filed and to become part of the public record. Sincerely, Harvil Hill Sandy Campbell Hill Homeowners REFERRED To THF PENT, 00030 3 �� MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen Date: June 18, 2013 Pedestrian Safety at the I -190 Ramps I would like to file the attached information for the next Common Council meeting to be held on June 25, 2013. Thank You, Darius G. Prid e Ellicott District Council Member P DARRELL F, KAMINSKI, P.E. ACTING REGIONAL DIRECTOR STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REGION FIVE 100 SENECA STREET BUFFALO, NY 14203 www.dot.ny.gov May 28, 2013 Mr. Alex Cornwell City of Buffalo Common Council Legislative Staff 65 Niagara Square Room 1413 Buffalo, New York 14202 -3318 Dear Mr. Cornwell: JOAN McDONALa COMMISSIONER Thank you for your recent letter notifying us that the City of Buffalo Common Council adopted a resolution regarding Pedestrian Safety at the I -190 Ramps at Church and Bingham Streets within the City of Buffalo near the Adam's Mark Hotel. We have received the resolution and are reviewing it and the requirements for this area in regards to pedestrian safety. We will advise you of our review once it is completed. You may contact me at 847 -3238 or Joe Buffamonte at 897 -3249 if you have any questions or comments. Thank you again for your continued interest in our capital program of projects. Sincerely, Darrell F. Kaminski, P.E. DFKIPG/1k Acting Regional Director `v 000, a 6c=h l ) AcT Testimony Provided by L. Nathan Hare, President /CEO Community Action Organization of Erie County Special Committee on Education Thursday, June 13, 2013 at 2;30 PM The "No Child Left Behind Act" in Title 34, Subtitle B, Chapter II, Part 200, Subpart A of the federal education law provides that every student enrolled in a failing school, who wishes to transfer to a non - failing school, must have that opportunity. This month, the New York State Education Department ruled that the Buffalo Public School District is not in compliance with state and federal requirements that allows students to transfer out of a priority or a persistently low achieving school into a good standing one. The district has until June 30th to come up with a new plan for student transfers (Igoe, 2013). 45 out of the 57 Buffalo District schools are considered to be low- performing by the state. "In theory, this means that the parents of more than 27,000 children — out of an overall district enrollment of 34,700 students — are entitled to have their children transferred to a school that is not on the state's watch list" (Tan, 2013). Frances B. Wilson, the district's chief academic officer, said Tuesday, June 4' that the district has done the best it could. "At the time that all of this occurred, we couldn't honor the requests, and we didn't see other options that were viable for us to use," she said (Tan). In response to the state determination, Buffalo Schools Superintendent, Dr. Pamela C. Brown, stated, "We are reviewing the information provided by the state in determining how to best address the state's expectations for the development of a corrective action plan for the 2013 -14 school year." Wilson said that nothing is off the table for consideration as a solution. The crafting of a corrective action plan has already started and will be complete by the state's deadline of June 30` " We're going to look at all the options," she said (Tan). Repeatedly, we have heard those in positions to effect change assert that they want to see all of the Buffalo Schools become schools in good standing. In the meantime, however, year after year, as many as 80% of the District students continue to be mired in low performing schools. qJO 3 The No Child Left Behind Act provides within the legislation that has been around for 11 years, the following options: 1. Charters: Simply closing and reopening as a public charter school 2. Staff Replacement: Replacing school staff, including the principal, "relevant" to the failure 3. Contracting: Contracting with an outside entity to operate the school 4. State Takeovers: Turning school operations over to the state educational agency 5. Other: Engaging in another form of major restructuring that makes fundamental reforms 6. Additionally, Districts could send students to other cooperating public school districts and send the same per - student funding that would have gone to a charter school to the other school district; or the District could send students to a cooperating private or other parochial school on the same funding basis. In other words there have been, and exist today, many options that would solve these problems for the students. Those solutions, however, appear not to be in the interests of large and influential cadres of adults. As the President and CEO of the Community Action Organization of Erie County, and the Chairperson of the United Black Men's Think Tank, 1, in association with others, want to work with the Buffalo School District to rescue as many students as possible immediately, and to create a strategic platform to eliminate the existence of low performing schools in the future. Below is a basic idea framework of the kinds of immediate actions we can and should undertake: A. Institutional Reform The Buffalo District can use the transformation of failing schools into District - licensed charter schools. Buffalo can transform the 9 lowest performing schools each of the next five years, unless a particular school lifts itself into being a school in good standing. This would solve the immediate issue of space for honoring student transfer requests. Over this five year period, Buffalo would have no failing schools, and could completely reconstruct its educational models using existing best practices. 1. Buffalo can require its teachers to man 3 hours of after - school academic support or enrichment activities using 3 of the 6 "office" hours for which teachers are currently paid. 2. Buffalo can move to a Mastery Education model through which immediate to 48 hour remediation is provided to any student who persons at less than a "B- grade" level on any academically scored instrument. 3. Buffalo can provide a regimen of after - school programs at every school including two or more sections each of homework -help, English Language Arts development, Math skills development, and course - specific tutorial instruction. The sessions would be held immediately following the school day. Additionally, academic enrichment and extra - curricular activities would be provided from 4 — 6pm, framed around students' interests. 4. Buffalo can pilot the use of Single - gender classrooms, beginning in the fourth grade with the idea of reducing class distractions and enabling socially adapted instruction. 5. Buffalo can begin the process of connecting schools to the communities in which they reside by returning to schools in which 80% of the students are within walking distance for the students. 6. Buffalo has already begun developing the infrastructure of a dynamic parent engagement program, framed around an office of parent involvement and parent facilitators at each school. Buffalo can strengthen this program by increasing the hours the initiative is staffed by a parent facilitator, involve parents in school -based orientations and quarterly information sharing, and immediate services to address deportment and absenteeism problems. B. City -wide promotion of the development of Buffalo into a Say Yes to Education Community C. Work through the churches, community -based organization and students' family and friend networks to identify a "Say Yes to the Future" mentor for every 10 students in the District to coach every student to achieve tuition - paid entry into a college or vocational certification program. D. Assemblywoman Crystal Peoples- Stokes will merge her 2020 initiative with this mentoring initiative. E. Work with the churches and community -based groups to create "Are you in line for your future" events and activities to promote children staying on track to reach this goal. 3��' References: Hassel, B.C. "Restructuring: What We Know About the NCLB Options." Center on Innovation and Improvement. Retrieved from: www.centerii.org /.../ Hassel% 20Presentation %20What % % Igoe, Kyla (2013.). Buffalo Public School District Must Change Transfer Policy. Buffalo News, June 7, 2013. Updated Jun 7, 2013 at 12:24 AM EDT http://www.wkbw.com/news/localBuffalo- Public - School - District Must - Change Transfer- Policy - 21051906 Lhtml Tan, Sandra (2013 ),School district struggles over state ruling on students' right to transfer. Buffalo News, June 4, 2013. Retrieved from: http: / /www.buffalonews.com/apps /pbcs.dll/article ?AID = / 20130604 /CITYAN DREGION/ 13 0609 663 / 1010 REFERRED To TH Lc SPECIAL COMMITTEE ON EDUCATION 00035 I 1 81 zo t �vv h er— � tai � 08--LkL� oc pn�46n4� ipAc-p- �no�2r'�Umm2Y' �- y662ck la_7rF� ��S"Gi Nome, ? 1rV f C 6r �Jtm €S yl Umb�ir�c i �1s lS A op �phS�{p ,um Cur'bS� CRuS� tn� 1 floc{ �E Sof 14- � �s -�►4fy sad up c edy�� -_ SIOq3 dQ pi t. 3' bie A� l�d Yl e-� � ham An�J Ao� vn�lo) ��r �'a, -cls Anc� G- �de�s, Area ts CzoSf�� -tk;s Cal 6c� �� ivy Se. ber :2cc* JC)z.,eq-6 �)AcPeAscJ - TX4P'c', A M E t�.isc�+ce W42 4�1 0 e wo(,(j ce- kk --4) 9 n4aal vl c� . c ri Yo� Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) 00039 � 'P" Appoint Wtr Distribution Superintendant (Prov)(Inter)Wolasz, Jr)(PW) ccp# 51, 06111 Mrs. Russell moved That Communication 51 of June 11, 2013, be received and Filed and that the Provisional appointment of Michael Wolasz Jr, 409 Woodbridge Ave, Buffalo, NY 14214 to the Position of Water Distribution Superintendant, Provisional, open Competitive at the Intermediate Salary of $59,948.00(Step 3) is hereby approved PASSED AYES - & NOES Recommended by the Committee on Civil Service lm"� 6 q""A mpj -5 213- 5 3 -kAYE*NO* FONTANA Al GOLONDEK I OP RIVERA SC 9.'QrN • 3 �Sr �3 rTe do ! t� UQ! q 3� Notices of Appointments - Temp /Prov/Perm CCP46I, 06111 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) NO. 41 C. SCANLON -M. KEARNS -REQ TRAILBLAZING SIGN IN HONOR OF MARGARET NIGRELLI (COM #73, JUNE 11) PASSED AYES 8, NOES O ITEM RECALLED FROM THE MAYOR- RESOLUTION REQUIRED FOR PASSAGE OF TRIALBLAZING SIGN AYE'S NO FOMANA ' FRMCZYK ' LUG 1 PRIDE . 4 RUSSper r SC.ANLON 213- 6 314- 7 004P 3 I�b Report of Sale — 550 Seventh (Ell) (Strat Plan) (Item No. 3, C.C.P., May 14, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the offer from Mr. Neil Lefort of 196 Oliver Street, North Tonawanda, New York 14120, in the amount of Six Hundred Dollars ($600.00) for the purchase of 550 Seventh, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED Recommended by the Committee on v'�� Community Development Chairman CaUsersllmcinskilAppDataEocaI MicrosoftlWindowslTempomry fntemet Files lContent.0utlook10X32QVW6SReport of Sale -550 Seventh.docx * AYE * NO FONTANA GOMBEEI LG+ MID PRIDGM RUSSE SGAIWN g 23- 314- 7 ' LEGISLATION (Darius G. Pridgen, Chairman) 00043 'V Le D. DiCioccio, Owner, to Use 149 Elmwood for an Outdoor Patio on the City Right-of-Way in the Elmwood Avenue Special District (Ell)(DPIS) (Item No. 83, C.C.P., June 11, 2013) 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 D. DiCioccio, Agent of 149 Elmwood, to place an outdoor patio on the City right-of-way in the Elmwood Avenue Special District subject to Planning Board review and conditions that there be no outdoor music, that tables be bused from within the establishment, that there be no open outdoor trash containers and that the patio close at 10:00 p.m. weekdays and 11:00 p.m. weekends. PASSED WICOND Recommended by the Committee on Legislation Chairman C: \Users\hucinakiSAppDataUca[ M orosoftlWindowa%Temporary Internet FUeslContent.outlool \O=Q V W6 \Outdoor Pace 149 Elmwood.dom SAYE *NOS FONTANA Ar FIWCM +GOtL4NBE 1 RTO RUsbizLL ISCAMN 314- 7 . 00041 V W. Casale, Agent, to Use 391 Washington for an Outdoor Patio in the City Right -of -Way (Ell)(DPIS) (Item No. 81, C.C.P., June 11, 2013) 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 W. Casale, Agent of 391 Washington, to place an outdoor patio on the City right -of -way subject to Planning Board review and conditions that there be no outdoor music, that tables be bused from within the establishment, and that there be no open outdoor trash containers. n PASSED WICOND Recommended by the Committee on Legislation C:1 UsersU rucinskilAppDet2Ll LocariMuosoft \Windows\TempocatyrntemetFiles\ Content. Outlook 5OX32QVW6NOutdoorPatio391 Washington- Casale.doex a S AYE * NV FONTANA $ FlULi• ' ' 4 GOLOMM 1 ]P p m mq RUSSELL * '� ScANLON 5 20 - 6 Y4 - 7 R D. Hestand, Owner, to Use 391 Washington for an Outdoor Cafe with Awning on the City Right -of -Way (Ell)(DPIS) (Item No. 82, C.C.P., June 11, 2013) 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 D. Hestand, Owner of 391 Washington, to place an outdoor patio on the City right-of-way subject to Planning Board review and conditions that there be no outdoor music, that tables be bused from within the establishment, and that there be no open outdoor trash containers. PASSED W /COND Recommended by the Committee on Legislation Chairman C:IUsersUrucinsk!\A PP Mi Data\Localcrosoft \Windows \Temporary lnlernet Files\ Content .Outlook\OX32QVW61NtdoorPatio 391 Washington- Hestand.dom 5 r� * A.YE * NO* FONTANA FRAM .. . GoLomm Loccuo PRIDUff RUMM SC~N . 20- 6 34- 7 0 0 0 4 4 M. Rodriguez & O- Petition Against Convenience Store Opening 249 Prospect (C.C.P 484, June 11) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation �W 00047 Ordinance Amendment -- Section 154 -257 — Fair Employment Screening Standards (Item No. 131, C.C.P., June 11, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be received and filed; That subdivision A of § 154 -27 of the Code of the City of Buffalo be amended as specified in the attached Ordinance Amendment. PASSED Recommended by the Committee on Legislation R C:%Usmr l cinsldlAppDatalLaoIMt -x ftlWindowsVTemporary Ime= Fles GDokoLWtlooklDXMQVW6 \Ordinance Amendm t -Sec 154.27.da * AU * NOS FOMANA I"CM GOLOIVMEK LQCU Pmm * " RUSSELL * °� SCANWN 2 - 6 314- SPECIAL COMMITTEE BUDGET (DEMONE A. SMITH) 5`g Chicken License /Complaint -354 Baynes Street (Nia)(City Clerk) (Item No. 43, C.C.P. May 14, 2013) Mr. Smith moved: That the application of Jeremy Luckey for a chicken license at 354 Baynes Street be approved. Recommended by the Committee on Legislation 3$ 6 * Chairman 0004 C. Paladino, Owner, Use 960 Busti for an LED Wall Sign(Nia)(no pub hrg) (C.C.P. #37, May 28) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. Adopted. Recommended by the Committee on Legislation Chairman OOOr0 D. Pridgen -E. Ketry- Appeal Direction Sign Denial, Pearl St Grill Deli -76 Pearl St ( #63, 6 /26)(C.C.P #74, July 10) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 0005.. Fair Employment Screening Ordinance(Smith)(exe 1 s1 & 2 ,d res) (C.C.P 9108 May 29) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 5 D. Smith -C. Joyce -Info Re: Roadside Memorials (C.C.P #56 Nov 1) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation ��1 9,6r 00053 Food Store License(New) 1545 Broadway(Fill)(EDPI) (C.C.P. #87, April 16)( #38, April 2) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. Adopted. Recommended by the Committee on Legislation 00054 Lodging House License — 392 Curtiss Street (Fill)(DPIS) (Item No. 24, C.C.P., Oct. 2, 2012) Mr. Pridgen moved: That the above communication be, and the same hereby is returned to the Common Council with a recommendation for approval; 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 Franklin McKeven, doing business at 392 C ss treet. Recommended by the Committee on Legislation Inlemel FileSQLKlD11ad ln license 392 C u6ss.do C:Mocumenu and SettingslckLneAl.acal Senings4Tcmporary S g AYE NO F014TANA. 3E Ncm GOIOIMM LO T# .• � • '� � � PRIDE * '� Rj vm SC+QfN - 6 213 - M -7 00055 LP Ciminelli -Board Packet Documents -June 2013 (C.C.P #63, June 11) Mr. Smith now moves that the above item be Received and Filed. ADOPTED — 5 , . Recommended by the Special Committee on Education 12 v 0005c LP CiminelIi -Board Packet Documents -May 2013 (C.C.P #53, May 14) Mr. Smith now moves that the above item be Received and Filed. ADOPTED Recommended by the Special Committee on Education �a 0005' LP Ciminelli -Board Packet Documents -April 2013 (C.C.P #40, April 30) Mr. Smith now moves that the above item be Received and Filed. ADOPTED Recommended by the Special Committee on Education �C� ®0058 LP Ciminelli -Board Packet Documents -April 2013 (C.C.P #50, April 16) Mr. Smith now moves that the above item be Received and Filed. ADOPTED Recommended by the Special Committee on Education 0005 LP Ciminelli -Board Packet Documents -March 2013 (C.C.P #53, March 19) Mr. Smith now moves that the above item be Received and Filed. ADOPTED Recommended by the Special Committee on Education oil RESOLUTIONS June 25, 2013 Q00cl -0 RESOLUTION June 20, 2013 By: Council President Fontana Re: Excuse Councilmember LoCurto from Council Meeting Be It Resolved: The Common Council hereby excuses Delaware District Councilmember Michael J. LoCurto from attending the regular meeting of the Common Council held Tuesday, June 25, 2013. Richard A. Fontana Council President WIN log. 111 Ri �Y o0os a Common CIDUTIC X l s _ CITY OF BUFFALO OFFICE OF THE COUNCIL PRESIDENT RICHARD A. FONTANA CO UNCIL PRESIDENT LOVE)OY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1315 City Hall . BUFFALO, NY 14202 -3318 PHONE: (716) 851.5151 i FAX: (716) 851 -5141 RESOLUTION June 17, 2013 CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN J. BOLLMAN LEGISLATIVE AIDE THOty AS J. OLEINICZAK By: Council President Fontana Application by Municipal Resolution in Support of a N al District Grant HomeFront, Inc. for the Lovejoy Comm Whereas: A New York Main Street finding opportunity exists within the 2 013 Consolidated Funding Application to invest in projects that provide e wea n al developm with a housing opportunities in downtown, mixed us additional fiends, and p goal of stimulating reinvestment, leveraging establishing downtown and neighborhood revitalization efforts; and in Whereas• A well- defined section of Lovejoy Street identified for a oY an app li ca tion t o be the Lovejoy Commercial District will be the focu under the NYS Not -For - submitted by HomeFront, Inc., an eligible app Profit Corporation Law with the capacity toadmn i t a Main on behalf of She et gr Lovejoy program under the NYS office of Community Re District; and has a historic connection to the Lovejoy Whereas: HomeFront, Inc. design with input from business owners and property this - Main Street program owners in the targeted area to improve the look and comme � and can leverage r and the u pp er businesses on Lovejoy S e additional loan funds through the Abley Revolving Loan Fund. Now, Therefore, De It Resolved: roves the New York Main Street application being submitted The Common Council hereby app eFront, Inc. to help revitalize a targeted commercial district Buffalo neig borhet a of Lovejoy surro by Hom unding neighborhoods to better serve the needs of residents ADOPTED Richard A. Fontana 1 Council President 000 RESOLUTION By: Mr. Franczyk Re: Waive Permit Fees for Harriet Ross Tubman School #31 Field Day Whereas: Harriet Ross Tubman School #31, located at 212 Stanton Street, will be holding its end of year field day celebration for its 2013 students; and Whereas: School #31 will have a day of fun and games with a picnic to commemorate the end of the school year and to encourage friendship and bonding amongst the students; and Whereas: The school will use Sperry Park from 9:00 am to 2:00 pm on Monday, June 17, 2013; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the permit fees associated with the Harriet Ross Tubman School 931 Field Day at Sperry Park on Monday, June 17, 2013; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets. David A. Franczyk kb 3� M4-5 20- 6 Y4- 7 -k AYE * NQ' FONTANA FRZCM 'GQOLMEM c) 0006 RESOLUTION By: Mr. GoIombek SUBJECT: Waiver Park Fees for Charter School of Applied Technologies Whereas: The Charter School for Applied Technologies, located on Kenmore Avenue educates hundreds of Buffalo youth, and Whereas: The school's academic calendar year ends in June 2013; and, Whereas: In order to celebrate the end of the school year, the faculty of the Charter School for Applied Technologies will be conducting an school picnic in Riverside Park on June 20, 2013; and, Whereas: This picnic will expose the Charter School students to the unique setting an Olmsted Park, build school spirit and allow students and faculty the ability to bid farewell to each other until the new school year begins in August 2013. Now, Therefore, Be It Resolved: This Common Council applauds the students and faculty of the Charter for Applied Technologies on another successful school year. The Charter School for Applied Technologies is granted a waiver by this Honorable Body of all fees required by the City of Buffalo that are associated with this event. PASSED Q.A %ua� Joseph Golombek Jr. 3' il�j•5 213- 6 31- 7 All NO FONFANA. PRIDE x • � � - Rusin" SAN 00064 i RESOLUTION Sponsor: Council MemberLoCurto; Delaware District. Subject: Permission to Hang Banners on Elmwood Avenue between Forest Ave and Allen St Date: June 20th, 2013 Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: The Elmwood Village Association has purchased new banners to replace the old banners that have been a staple in the area for over three years; and Whereas: The newly designed banners are lively additions to the street, which serve to enhance bother the urban aesthetic and character of the neighborhood while also helping to brand the community as a destination in the City; and Whereas: The Elmwood Village Association is requesting permission to hang the banners on Elmwood Avenue between Forest Avenue and Allen Street, replacing ones presently hanging for over three years, and are expected to be installed on July 15 2013; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. The Elmwood Village Association has received a copy of these conditions provided by the above named Council Member that give a full, understanding of the requirements to allow the placement of the requested banners. Now, Therefore, Be It Resolved: That the requested banners meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those fo0nd in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Elmwood Village Association to hang banners located on Elmwood Avenue between Forest Avenue and Allen St; and Be it Further Resolved: That the Common Council of the City of Buffalo does hereby waive the condition that the banners be removed after three (3) months, as the refurbished banners are expected to remain in good condition for at least three (3) years, and are designed to be incorporated as part of the street design, rather than as temporary event installation; and Be it Further Resolved: That the Elmwood Village Association understands that should another organization wish to utilize the pole space after the three month period, other organizations will be accommodated to use the public space for their applied purposes; and Be it Finally Resolved: That copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banners in the City of Buffalo. PASSr;D/C1>tJb MICHA J. LaCURTO Delaware District Councilmember OR a ® ELMWOODVILLAGE A S S O C E A T 1 0 N May 29, 2013 Councilmember Michael LoCurto Delaware District 65 Niagara Square, Room 1405 Buffalo, New York 14202 Dear Councilmember LoCurto: 1068 Elmwood Avenue - 4� puff alo, New York 14222 Tel: 716,881.0707 1 Fax: 716.881.0708 www.elmwoodvillags.org Thank you for your financial support of the Avenue banner improvement project. Without your assistance, this beautification effort would not be possible. As part of our application to the City of Buffalo Department of Public Works, Parks, and Streets, we are seeking your permission to replace the street pole banners along Elmwood Avenue within your district. The current banners, which are badly in need, of refurbishing, are located on each respective light pole along Elmwood Avenue between Forest Avenue and Allen Street. The Elmwood Village banners have been a staple along Elmwood Avenue for over three years. These lively additions to the street serve to enhance both the urban aesthetic and character of the neighborhood. As part of this request, we also ask that you 'waive the current requirement that such banners be taken down after a period of three months. Given the longevity of the current banners, we expect our new banners to remain in good condition for well over three years. As always, thank you for your continued support of the Elmwood Village. Should you have any questions please feel free to contact me at 716 -881 -0707 or via email at carly@elmwoodvillage.org. W ° ind regards Car y Batti Executive Director e x p I o r e ( e n g a g e e n o Y ... mpj -5 213- 5 M -7 * ATE -k NW FONTANA - GOMMIM PRID�EN * •'� � • RPM `. SCANLON smwm � 01 0006 Resolution By: Ellicott District Council Member Darius G. Pridgen Waiver of Special Events Permit Fee for Casa de Adoracion el Shaddai ate: June 21 -23, 2013, and July 19 -21, 2013 Whereas: The Casa de Adoracion el Shaddai Church is utilizing the empty lot at the corner Niagara and Maryland Streets (owned by Samuel Buscarino) for the Community Day weekends; and Whereas: A Youth Service will be held on Friday, June 21, 2013, at 71 On Saturday, June 22, from 8AM -101 a Kids' Community Day will be held. Hot dogs, hamburgers, pasta, pot luck, clothing giveaway, face painting, clowns, music, and other activities will be held. A Sunday Worship will be held on June 23, 2013, 12 -3 PM. The public is welcome to attend; and Whereas: A Youth Service will be held on Friday, July 19, 2013, at 7PM. On Saturday, July 20, from 8AM -101 a Kids' Community Day will be held. Hot dogs, hamburgers, pasta, pot luck, clothing giveaway, face painting, clowns, music and other activities will be held. A Sunday Worship will be held on July 21, 2013, 12 -3 PM. The public is welcome to attend; and Whereas: In the event of rain, the Community Weekend will be held in the lot located at Niagara and Maryland Streets; and Now, Therefore, Be It Resolved: That the Common Council commends the Casa de Adoracion el Shaddai Church, in their effort to promote community awareness, approves waiving the permit fees associated with this event; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services and the Department of Public Works, and the Office of Special Events, C - L ,,, Darius G. Pridgen 6 ������ Ellicott District Council Member dt k M4 -5 213- 6 * AYE * BTU FONTAIRA FRMCZU GO LOMMEK rp x .11[VM ;. RUS ON ISSN ~ l ®®o6« 6 , BY: David A. Rivera, Niagara District Councilmember SUBJECT: Approve Land Disposition Agreement for 99 Chenango and 335 -339 Massachusetts to People United for Sustainable Housing, Inc. (PUSH) WHEREAS: The City of Buffalo, Office of Strategic Planning, Division of Real Estate has recommended that the Common Council approve the Land Disposition Agreement for the sale of 99 Chenango and 335 -339 Massachusetts to PUSH in the amount of Fourteen Thousand One Hundred Dollars ($14,100). WHEREAS: The sale of 99 Chenango and 335 -339 Massachusetts in the amount of $14,100 is on condition that the terms of the Land Disposition Agreement are satisfied. WHEREAS: The City Clerk has published a Notice of Public Hearing, as required by New York State Law (N.Y. PVH. Law Section 503) Sale or Lease of Municipal Lands to a Housing Company NOW, THEREFORE, BE IT RESOLVED: That after the public hearing is held and providing there are no significant objections, that this Honorable Body first approve the Land Disposition Agreement (LDA) and the sale of 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One hundred Dollars ($14,100). The sale is subject to conditions that must first be satisfied in accordance with the LDA. BE IT FURTHER RESOLVED: That the City of Buffalo, Common Council authorizes and approves the following: The attached Land Disposition Agreement (LDA) and the sale of 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars ($14,100), providing the terms and conditions of the LDA have been satisfied. PUSH has also agreed to pay for the all costs associated with the sale and transfer of title . including but not limited to transfer tax, recording fees and the cost to file the deed, in accordance with the terms upon which the offer was submitted. M Common Council Resolution Councilmember David A. Rivera Re: Approve LDA 99 Chenango and 335 -339 Massachusetts to PUSH Page 2 2. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the LDA. 3. Authorize the Mayor to execute the LDA for the city owned properties located at 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars ($14,900). 4. Authorize the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title; and 5. Authorize the Mayor execute the deed and any other necessary closing documents 'for the transfer of title. CRN:plg REFERRED TO THE COMMITTEE ENT. ON CU�T ' DEVELOP t� 0 000 By: Councilmember David A. Rivera SUBJECT: SET PUBLIC HEARING FOR THE SALE OF 99 CHENANGO AND 335 -339 MASSACHUSETTS TO PEOPLE UNITED FOR SUSTAINABLE HOUSING, INC. (HOUSING COMPANY) WHEREAS: The City of Buffalo, Office of Strategic Planning, Division of Real Estate has received a request from PUSH to enter into a Land Disposition Agreement (LDA) for the purchase 99 Chenango and 335 -339 Massachusetts; and WHEREAS: PUSH has agreed to pay $14,100 for 99 Chenango and 335 -339 Massachusetts; and WHEREAS: The LDA has been submitted to the Common Council for approval, pending a Public Hearing; and WHEREAS: New York State Law (N.Y. PVH. LAW Section 503) Sale or Lease of Municipal Lands to a Housing Company requires a ten day notice of public hearing before the date set for the hearing shall be published at least once in an official publication of said city or in a newspaper or general circulation therein. NOW, THEREFORE, BE IT RESOLVED: That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 28th day of June 2013 Be it further resolved: That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 9� of July 2013. CRN:plg 9 00068 June 24, 2013 Sponsored by Councilmember David Rivera Re: Fee Waiver Request for Buffalo United Front's Family Fishing Day Whereas: On June 29 -30, 2013, Buffalo United Front will be hosting the S Annual Family Fishing Day at Broderick Park; and Whereas: The event will celebrate the art of fishing and use of our waterways by bringing families together from across the City of Buffalo for a fun - filled day of education, encouragement, and a sense of community value and respect; and Whereas: Buffalo United Front is a 501(c)3 non- profit organization committed to providing proactive opportunities to help reduce violence in our communities and promote healthy family development; and Whereas: Buffalo United Front has requested to waive the fees related to use of Broderick Park and use of garbage totes. Therefore, Be It Resolved: the Common Council approves the waiving of all City fees; and Be It Further Resolved: the City Clerk is directed to send a copy of this resolution be sent to the Special Events Department and to the Parks Division in the Department of Public Works. Councilmember David Ri era DAR:sm PASSED k�6", * AYE * NO * FOATANA IWCZYIC * GOLONOBEE LOCURTO PF,IDGEN RUSS= SCANLONT SIM= Maj - 5 314- 7 �, 00069 June 20, 2013 Sponsored by Councilmember David Rivera Re: Use of Residential Area Public Program ( "RAPP ") lot at 182 Grant Street for Taste of Diversity �6A Whereas: On June 29, 2013, the Taste of Diversity will be held on Grant Street, between Lafayette Avenue and Auburn Avenue; and Whereas: The festival will celebrate the diversity of Buffalo by featuring the various foods, dances, dressings, and cultural ceremonies of the many ethnic groups that make up the City of Buffalo; and Whereas: The festival has requested use of the RAPP lot at 182 Grant Street on June 29, 2013 for the entertainment section of the festival; and Whereas: Grant Street will be closed from Auburn to Lafayette which will prohibit the use of the RAPP lot from its regular purpose of parking for residents, professionals, and visitors of Grant Street. Therefore, Be It Resolved: the Common Council approves the use of the RAPP lot at 182 Grant Street for the Taste of Diversity on June 29, 2013; and Be It Further Resolved: the City Clerk is directed. to send a copy of this resolution be sent to the Parking Department. Councilmember David Rivera DAR:sm �k ASE *PTO* FOMAWA F.t�AN�C� � � -•� GO'LOWI M aim rp A MM RV%= f 9CANLW 20- 5 314- 7 000" RESOD By: Mr. Rivera Date: 10 August 2013 Re: Waive of Permit Fees for D'Youville College School of Pharmacy Annual Picnic. Whereas: D'Youville College School of Pharmacy (D'Youville) is located at 320 Porter Avenue, will be holding its annual pharmacy orientation picnic; and Whereas: D'Youville will be having a picnic to introduce new students to the city of Buffalo, encourage class solidarity and bonding amongst the students; and Whereas: The school will use the shelter at Front Park from 12:00 pm to 5:00 pm on Saturday, August 10, 2013. Now, Therefore Be it Resolved: The Common Council of the City of Buffalo waives the permit and special event fee associated with the D'Youville College School of Pharmacy orientation picnic at Front Park on Saturday, August 10,2013; and Be It Further Resolved That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Office of Special Events. David A. Rivera Niagara District Councilmember \ \. . d 213 AYE NO * FORM F PROM RU%= SCAMDN ,� 0007. Resolution By: University District Councilmember Bonnie E. Russell e: Waive Permit Fee for Highgate Heights Elementary School's Pre -K Family Day Date: Thursday June 13, 2013 Whereas: Highgate Heights Elementary School will hold a Pre -K Family Day on Monday, June 17, 2013 at Shoshone Park in the University District. Whereas: Highgate Heights Elementary School will utilize Shoshone Park from 10:00 am until 1:00 pm. Now, Therefore, Be It Resolved: That the Common Council approves waiving the permit fee associated with this event; and Be It Further Resolved: That copies of this resolution has been sent to the Department of Public Works, Parks and Streets. L l �� & Rkwo-jj& Bonnie E. Russell Pry - sident Pro Tempore University District Councilmember V\\ �1� AYE * NO* FONTA,NA FRZCZU RUS r• . SCAIPWN 213- 6 V4- 7 ` �1� 000711 RESOLUTION Sponsors: Christopher P. Scanlon Date: June 24, 2013 Subject: Waive Event Fees for Seneca Street Car Show WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The 7"' Annual Seneca Street Car Show will take place on Sunday, July 14, 2013 on Seneca Street in between Cazenovia Street and Mineral Springs Road; and WHEREAS, This event is free and attracts hundreds of people to the Seneca Street neighborhood of South Buffalo; and WHEREAS, The Seneca Street Car Show is not for profit and dependent upon the tireless work of volunteers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, the Department of Public Works, all other involved City Departments waive all fees applicable the Seneca Street Car Show; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Public Works. C 0 4 J Christopher P. Scanlon South District Council Member ,'�- - k AYE * N4 FONTANA FRAM GOL0NMEK 1 4 0cum PPMIM RUSS= SAN 6 Y4- 7 i 1 00073 � RESOLUTION By: Mr. Scanlon Date: June 17, 2413 Re: Waive Street Closing Permit Fee for Eaglewood Avenue 4 of July Block Party Whereas: Eaglewood Avenue is hosting a 2013 4 of July Block Party in which they are requesting the street be closed; and Whereas: The parry is a family - friendly event that provides the residents of Eaglewood Avenue with the opportunity to foster relationships with their neighbors, thus creating a stronger community; and Whereas: The event is not for profit and is open to all residents of Eaglewood Avenue, Now, Therefore, Be It Resolved: That the Common Council hereby requests the Department of Public Works, Traffic, and Engineering waive the street closing permit fee for the Eaglewood Avenue Block Club 4 of July Party; and Be It Further Resolved: That a copy of this resolution be forwarded to the Department of Public Works, Traffic, and Engineering. Christopher P. Scanlon South District A)--1 AYE PIO FONTANA. FRANCZYK G010NIDEK I RUSE * '� SCA1wII.+aN Si1N1.TE 213"6 314- 7 00074 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. Karen L. Aris Chris Celej Sheryl Daniels Jacqueline Delvalle Paul Kendt Renee M. King Jayson Kowlak Joseph LaBarbara Diana Malave Megan Margerum Joseph Petronella Minerva Rojas Sandra Solomon Total: 13 Adopted 6125113 47-0 Q007 -',� BY: DEMONE A SMITH Appointments Commissioner of Deeds 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. James W. Halliday TOTAL: 1 ADOPTED ON 6125/13 00078 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on finance following Civil Service Committee on Comm. Dev Committee on Legislation Special Committees Tuesday, July 2, 2013 at 9:45 o'clock A.M. Tuesday, July 2, 2013 at 10:00 o'clock A.M. Tuesday, July 2, 2013 at 1 o'clock P.M. Tuesday, July 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 mqy be meetings set Lip whereby the Cit Clerk's Office is not made aware; therefore unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. 0007 No. Adjournment S On a motion by Mr. Smith, Seconded b rs. ll, the Council adjourned at,), , 30 P GERALD A. CHWALINSKI CITY CLERK June 25, 2013